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Regional Journalism

Changes to WA ‘parents rights’ law headed to governor after tense final vote

The dome of Washington's capitol building is seen in the background, with flowers and trees in the foreground.
Tom Banse
/
NW News Network, 2022
The Washington Legislative Building as seen from the Sunken Garden on campus.

Washington’s regulations around parents’ access to schools are changing again. The Legislature approved a bill this week to revise those rights for parents and codify new student protections into law.

House Bill 1296 has been a fight all session long, and final passage came after one Republican member disrupted proceedings and caused a lengthy delay Thursday. The House ultimately approved the bill along party lines – Democrats in favor, Republicans opposed. It passed the Senate earlier this month, also along party lines, and now heads to the governor’s desk for his signature. Once signed, it would take effect immediately – but it could also face a challenge from conservative activists opposed to the measure.

The bill makes changes to a conservative-backed “parents’ rights” initiative enacted into law by the Legislature last year and adds potential financial consequences for schools that don’t comply.

The GOP, and other critics of the bill, say that current law should remain unchanged. They worry this year’s changes will undermine trust between parents and schools, and roll back what they say are key rights for parents who want more say over their kids’ education.

“It is several bad proposals bolted together,” said Rep. Jim Walsh (R-Aberdeen), who was the sponsor of last year’s parents’ rights initiative.

Several other Republicans who spoke against the bill also raised concerns about transgender girls sharing locker rooms and sports teams with other girls. Debates about gender identity and how schools should handle rights for transgender students have become a focal point for many Republicans across the country.

The bill does not include any language about school sports or locker rooms, but does include new anti-discrimination protections around students’ gender expression and identity.

Democrats and supporters of this year’s legislation say that the changes in HB 1296 are needed to shore up protections for vulnerable kids, including LGBTQ students. They also say the changes are necessary to resolve conflicts between the parents’ rights initiative and long-established privacy rules around teens’ health care decisions.

“We asked questions about whether or not the initiative passed last year changes state law with regard to medical records. The answer was no – that was confusing for folks because the message was sent that it did,” said Monica Stonier (D-Vancouver), who sponsored the bill.

The final version of the legislation would eliminate language that grants parents access to their child’s school-based medical and mental health records, and lengthen the time schools have to respond to records requests to no later than 45 days.

The bill also clarifies several other rights for parents, including the right to opt their children out of certain assignments like sex education. It adds a new list of student rights and privacy protections into state law.

The legislation also creates a formal complaint process when schools violate state law, and would allow the state schools superintendent to withhold or redirect up to 20% of a school’s funding “as a last resort” to enforce those regulations.

Republicans had used procedural tools to slow down the measure’s progress over the course of the legislative session. Ahead of the final vote in the House on Thursday, Republicans attempted to rule that changes made to the bill in the Senate were out of order. Rep. Tarra Simmons (D-Bremerton), who was presiding over the chamber in her role as Deputy Speaker Pro Tempore, ruled against the Republicans. Rep. Jeremie Dufault (R-Selah) then disrupted the proceedings by standing up and shouting – something he has done previously during other floor votes and committee meetings.

Republicans called members into a closed-door meeting, with Democrats following suit minutes later. The vote was delayed by more than two hours as leadership from both caucuses repeatedly met behind closed doors.

Later, when the vote resumed, Dufault did not return to the floor.

The bill does include an emergency clause, which means once the governor signs it – if he does not veto the clause – the legislation will immediately take effect.

But it may not be the final word. Let’s Go Washington, the group that financially backed the parents’ rights initiative campaign, has filed a new initiative to repeal the changes. That new initiative would require thousands of signature before a July deadline in order to send the question to voters in November.

Jeanie Lindsay is a radio reporter based in Olympia who covers the Washington state government beat for KUOW and KNKX.