Text of WA SB 5653 (2024)

AN ACT Relating to protecting the childhood of children; adding a 1 new section to chapter 28A.320 RCW; adding a new chapter to Title 26 2 RCW; creating a new section; and prescribing penalties. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. This chapter may be known and cited as the 5 childhood protection act. 6 NEW SECTION. Sec. 2. (1) The legislature finds that important 7 information relating to a child should not be withheld, either 8 inadvertently or purposefully, from his or her parent, including 9 information relating to the child's health, well-being, and 10 education, while the child is in the custody of the school district. 11 The legislature further finds it is necessary to establish a 12 consistent mechanism for parents to be notified of information 13 relating to the health and well-being of their children and that it 14 is a fundamental right of parents to direct the upbringing, 15 education, and care of their children, and for children to be 16 protected by their parents. 17 (2) For purposes of this chapter, the term "parent" means a 18 person who has legal custody of a minor child as a natural or 19 adoptive parent or a legal guardian. 20 S-0559.3 SENATE BILL 5653 State of Washington 68th Legislature 2023 Regular Session By Senator Fortunato p. 1 SB 5653 NEW SECTION. Sec. 3. The state, any of its political 1 subdivisions, any other governmental entity, or any other institution 2 may not infringe on the fundamental right of a minor child to have 3 his or her parent direct the child's upbringing, education, health 4 care, and mental health without demonstrating that such action is 5 reasonable and necessary to achieve a compelling state interest and 6 that such action is narrowly tailored and is not otherwise served by 7 a less restrictive means. 8 NEW SECTION. Sec. 4. (1) The fundamental rights of a minor 9 child to be protected by his or her parent are reserved to the minor 10 child without obstruction or interference from the state, any of its 11 political subdivisions, any other governmental entity, or any other 12 institution including, but not limited to, all of the following 13 rights in this state: 14 (a) The minor child's right to have his or her parent direct the 15 education and care of his or her minor child; 16 (b) The minor child's right to have his or her parent direct the 17 upbringing and the moral or religious training of the minor child; 18 (c) The minor child's right to have his or her parent enroll his 19 or her child in a public school or, as an alternative to public 20 education, a private school, religious school, a home education 21 program, or other available options; 22 (d) The minor child's right to have his or her parent access and 23 review all school records relating to the minor child, pursuant to 24 RCW 28A.605.030; 25 (e) The minor child's right to have his or her parent make health 26 care decisions for his or her minor child, unless otherwise 27 prohibited by law; 28 (f) The minor child's right to have his or her parent access and 29 review all medical records of the minor child, unless prohibited by 30 law or if the parent is the subject of an investigation of a crime 31 committed against the minor child and a law enforcement agency or 32 official requests that the information not be released; 33 (g) The minor child's right to have his or her parent consent in 34 writing before a biometric scan of the minor child is made, shared, 35 or stored; 36 (h) The minor child's right to have his or her parent consent in 37 writing before any record of his or her minor child's blood or 38 p. 2 SB 5653 deoxyribonucleic acid (DNA) is created, stored, or shared, except as 1 required by law or authorized pursuant to a court order; 2 (i) The minor child's right to have his or her parent consent in 3 writing before the state or any of its political subdivisions makes a 4 video or voice recording of his or her minor child unless such 5 recording is made during or as part of a court proceeding, is made by 6 law enforcement or during a law enforcement investigation, is made as 7 part of a forensic interview in a criminal or department of children, 8 youth, and families investigation, or to be used solely for the 9 following purposes: 10 (i) A safety demonstration, including the maintenance of order 11 and discipline in the common areas of a school or on student 12 transportation vehicles; 13 (ii) A purpose related to a legitimate academic or 14 extracurricular activity; 15 (iii) A purpose related to regular classroom instructions; 16 (iv) Security or surveillance of buildings or grounds; or 17 (v) A photo identification card; 18 (j) The minor child's right to have his or her parent notified 19 promptly if an employee of the state, any of its political 20 subdivisions, any other governmental entity, or any other institution 21 suspects that a criminal offense has been committed against his or 22 her minor child, unless the incident has first been reported to law 23 enforcement or the department of children, youth, and families and 24 notifying the parent would impede the investigation. 25 (2) This section does not: 26 (a) Authorize a parent of a minor child in this state to engage 27 in conduct that is unlawful or to abuse or neglect his or her minor 28 child in violation of law or the child's right to be protected by 29 their parent; 30 (b) Condone, authorize, approve, or apply to a parental action or 31 decision that would end life; 32 (c) Prohibit a court of competent jurisdiction, law enforcement 33 officer, or employees of a government agency that is responsible for 34 child welfare from acting in his or her official capacity within the 35 reasonable and prudent scope of his or her authority; or 36 (d) Prohibit a court of competent jurisdiction from issuing an 37 order that is otherwise permitted by law. 38 (3) An employee of the state, any of its political subdivisions, 39 or any other governmental entity who encourages or coerces, or 40 p. 3 SB 5653 attempts to encourage or coerce, a minor child to withhold 1 information from his or her parent may be subject to disciplinary 2 action. This subsection does not apply to law enforcement personnel 3 and the department of children, youth, and families personnel acting 4 within their official capacities. 5 (4) A parent of a minor child in this state has inalienable 6 rights that are more comprehensive than those listed in this section, 7 unless such rights have been legally waived or terminated. This 8 chapter does not prescribe all rights to a parent of a minor child in 9 this state. Unless required by law, the rights of a parent of a minor 10 child in this state may not be limited or denied. This chapter may 11 not be construed to apply to a parental action or decision that would 12 end life. 13 NEW SECTION. Sec. 5. (1) Each school district board of 14 directors shall, in consultation with parents, teachers, and 15 administrators, develop and adopt a policy to promote parental 16 involvement in the public school system. Such policy must include: 17 (a) A plan for parental participation in schools to improve 18 parent and teacher cooperation in such areas as homework, school 19 attendance, and discipline; 20 (b) A procedure for a parent to learn about his or her child's 21 course of study, including the source of any supplemental education 22 materials; 23 (c) Procedures for a parent to object to classroom materials and 24 activities and a process for withdrawing his or her student from the 25 activity, class, or program in which such materials or activities are 26 used. Such objections may be based on beliefs regarding morality, 27 sex, and religion or the belief that such materials or activities are 28 harmful; 29 (d) Procedures, pursuant to RCW 28A.300.475, for a parent to 30 withdraw his or her student from any portion of the school district's 31 comprehensive health education that relates to sex education or 32 instruction in acquired immunodeficiency syndrome education or any 33 instruction regarding sexuality if the parent provides a written 34 objection to his or her child's participation. Such procedures must 35 provide for a parent to be notified in advance of such course content 36 so that he or she may withdraw his or her student from those portions 37 of the course; 38 p. 4 SB 5653 (e) Procedures for a parent to learn about the nature and purpose 1 of clubs and activities offered at his or her child's school, 2 including those that are extracurricular or part of the school 3 curriculum; 4 (f) Procedures for a parent to learn about rights and 5 responsibilities under law, including all of the following: 6 (i) Pursuant to RCW 28A.300.475, the right to opt his or her 7 minor child out of any portion of the school district's comprehensive 8 health education that relates to sex education instruction in 9 acquired immunodeficiency syndrome education or any instruction 10 regarding sexuality; 11 (ii) A plan to disseminate information about school choice 12 options, including open enrollment; 13 (iii) In accordance with RCW 28A.210.090, the right of a minor 14 child to have his or her parent exempt the student from 15 immunizations; 16 (iv) The right of a minor child to have his or her parent review 17 statewide, standardized assessment results; 18 (v) The right of a minor child to have his or her parent enroll 19 the student in gifted or special education programs; 20 (vi) The right of a minor child to have his or her parent inspect 21 school district instructional materials; 22 (vii) The right of a minor child to have his or her parent access 23 information relating to the school district's policies for promotion 24 or retention, including high school graduation requirements; 25 (viii) The right of a minor child to have his or her parent 26 receive a school report card and be informed of his or her child's 27 attendance requirements; 28 (ix) The right of a minor child to have his or her parent access 29 information relating to the state public education system, state 30 standards, report card requirements, attendance requirements, and 31 instructional materials requirements; 32 (x) The right of a minor child to have his or her parent 33 participate in parent teacher associations and organizations that are 34 sanctioned by a district school board or the department of education; 35 (xi) The right of a minor child to have his or her parent opt out 36 of any district-level data collection relating to his or her minor 37 child not required by law. 38 p. 5 SB 5653 (2) A school district board of directors may provide the 1 information required in this section electronically or post such 2 information on its website. 3 (3) A parent may request, in writing, from the superintendent of 4 the school district the information required under this section. 5 Within 10 days, the superintendent of the school district must 6 provide such information to the parent. If the superintendent of the 7 school district denies a parent's request for information or does not 8 respond to the parent's request within 10 days, the parent may appeal 9 the denial to the school district board of directors. The board must 10 place a parent's appeal on the agenda for its next public meeting. If 11 it is too late for a parent's appeal to appear on the next agenda, 12 the appeal must be included on the agenda for the subsequent meeting. 13 NEW SECTION. Sec. 6. (1)(a) Except as otherwise provided by 14 law, a health care provider may not provide or solicit or arrange to 15 provide health care services or prescribe medicinal drugs to a minor 16 child, in violation of the minor child's right to have his or her 17 parent make health care decisions for his or her minor child, without 18 first obtaining written parental consent. 19 (b) Except as otherwise provided by law, a person or an 20 individual employed by such person may not provide or solicit or 21 arrange to provide health care services or prescribe medicinal drugs 22 to a minor child, in violation of the minor child's right to have his 23 or her parent make health care decisions for his or her minor child, 24 without first obtaining written parental consent. 25 (2) Except as otherwise provided by law or a court order, a 26 health care provider may not allow a medical procedure to be 27 performed on a minor child in its facility, in violation of the minor 28 child's right to have his or her parent make health care decisions 29 for his or her minor child, without first obtaining written parental 30 consent. 31 (3) This section does not apply to an abortion, which is governed 32 under chapter 9.02 RCW. 33 (4) A health care provider or other person who violates this 34 section is subject to disciplinary action pursuant to chapter 18.130 35 RCW including imposition of civil penalties, and commits a gross 36 misdemeanor. 37 p. 6 SB 5653 NEW SECTION. Sec. 7. A new section is added to chapter 28A.320 1 RCW to read as follows: 2 (1) School districts must adopt a policy and procedure for 3 notifying a student's parent if there is a change in the student's 4 services or monitoring related to the student's mental, emotional, or 5 physical health or well-being and the school's ability to provide a 6 safe and supportive learning environment for the student. The policy 7 and procedure must reinforce the fundamental right of a minor child 8 to have his or her parents make decisions regarding the upbringing 9 and control of their children by requiring school district staff to 10 encourage a student to discuss issues relating to his or her well- 11 being with his or her parent or to facilitate discussion of the issue 12 with the parent. The policy and procedure may not prohibit parents 13 from accessing any of their student's education records created, 14 maintained, or used by the school district, as required by RCW 15 28A.605.030 and any of their student's health records created, 16 maintained, or used by the school district. 17 (2) A school district may not adopt a policy or procedure that 18 prohibits school district staff from notifying a parent about his or 19 her student's mental, emotional, or physical health or well-being, or 20 a change in related services or monitoring, or that encourage or have 21 the effect of encouraging a student to withhold from a parent such 22 information. School district staff may not discourage or prohibit 23 parental notification of and involvement in critical decisions 24 affecting a student's mental, emotional, or physical health or well- 25 being. This subsection does not prohibit a school district from 26 adopting a policy or procedure that permits school district staff to 27 withhold such information from a parent if a reasonably prudent 28 person would believe that disclosure would result in abuse, 29 abandonment, or neglect, as those terms are defined in RCW 13.34.030 30 and 26.44.020. 31 (3) Classroom instruction by school district staff or third 32 parties on sexual orientation including gender expression or identity 33 may not occur in kindergarten through third grade or in a manner that 34 is not age appropriate or developmentally appropriate for students in 35 accordance with state learning standards. 36 (4) At the beginning of the school year, each school district 37 must notify parents of each health care service offered at their 38 student's school and the option to withhold consent or decline any 39 specific service unless parental consent is not required by law. 40 p. 7 SB 5653 Parental consent to a health care service does not waive the right of 1 a minor child to have his or her parent access his or her child's 2 educational or health records or to be notified about a change in his 3 or her child's services or monitoring as provided by this section. 4 (5) Before administering a questionnaire, screening form, or 5 diagnostic assessment related to student well-being or health to a 6 student in kindergarten through third grade, the school district must 7 provide the questionnaire, screening form, or diagnostic assessment 8 to the parent and obtain the permission of the parent. 9 (6) Each school district shall adopt a policy and procedure for a 10 parent to notify the principal, or his or her designee, regarding 11 concerns under this section at his or her student's school and the 12 process for resolving those concerns within seven calendar days after 13 notification by the parent. 14 (a) At a minimum, the policy and procedure must require that 15 within 30 days after notification by the parent that the concern 16 remains unresolved, the school district must either resolve the 17 concern or provide a statement of the reasons for not resolving the 18 concern. 19 (b) If a concern is not resolved by the school district, a parent 20 may: 21 (i) Request the superintendent of public instruction to appoint a 22 special magistrate who is a member of the Washington state bar 23 association in good standing and who has at least five years' 24 experience in administrative law. The special magistrate must 25 determine facts relating to the dispute over the school district 26 policy, procedure, or practice, consider information provided by the 27 school district, and render a recommended decision for resolution to 28 the state board of education within 30 days after receipt of the 29 request by the parent. The state board of education must approve or 30 reject the recommended decision at its next regularly scheduled 31 meeting that is more than seven calendar days and no more than 30 32 days after the date the recommended decision is transmitted. The 33 costs of the special magistrate must be borne by the school district. 34 The state board of education must adopt rules, including forms, 35 necessary to implement this subsection; or 36 (ii) Bring an action against the school district to obtain a 37 declaratory judgment that the school district policy, procedure, or 38 practice violates this section and seek injunctive relief. A court 39 p. 8 SB 5653 may award damages and must award reasonable attorney fees and court 1 costs to a parent who receives declaratory or injunctive relief. 2 (c) Each school district must adopt a policy and procedure to 3 notify parents of the procedures required under this subsection. 4 (d) Nothing contained in this subsection shall be construed to 5 abridge or alter rights of action or remedies in equity already 6 existing under the common law or general law. 7 (7) This section governs school operation and management under 8 RCW 28A.710.040 and 28A.715.020 and applies to charter schools 9 established under chapter 28A.710 RCW and state-tribal education 10 compact schools established under chapter 28A.715 RCW. 11 (8) For the purposes of this section: 12 (a) "Parent" includes a legal guardian. 13 (b) "School district staff" means persons employed by a school 14 district, charter school, state-tribal education compact school, or 15 educational service district including, but not limited to, all 16 certificated and classified staff. 17 NEW SECTION. Sec. 8. By June 30, 2025, the Washington 18 professional educator standards board must review and update, as 19 necessary, the cultural competency, diversity, equity, and inclusion 20 standards of practice for preparation, continuing education, and 21 other training of school district staff established in RCW 22 28A.410.260 and any other relevant standards and competencies in 23 accordance with the requirements of this act. 24 NEW SECTION. Sec. 9. Sections 1 through 6 of this act 25 constitute a new chapter in Title 26 RCW. 26 --- END --- p. 9 SB 5653