SB 5123 updates and expands upon the types of discrimination that are prohibited in WA public schools. SB 5123 adds that discrimination on the basis of ethnicity, gender identity, homelessness, immigration status, and neurodivergence are prohibited in WA public schools. The bill also adds definitions for these words, and newly distinguishes gender expression and gender identity as separate from sexual orientation. 

Should SB 5123 pass, discrimination in WA public schools would be prohibited on the basis of “race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability.”

SB 5179 aims to ensure that all school boards follow the state anti-discrimination policies. By holding school boards accountable, this bill will help foster safer and more equitable learning environments for queer and Trans students, and all marginalized youth. This legislation aims to protect students from discrimination and harassment by adding transparency, training, and reporting protocols. This bill comes at a critical time as we anticipate that some schools may not follow state laws pertaining to nondiscrimination in schools as they apply to Trans students in particular. 

SB 5180 takes the next step in building inclusive schools by expanding access to resources and training for educators. This bill ensures that curricula, policies, and practices reflect the diversity of student populations, including the unique challenges and needs of Trans and gender expansive students.

This bill specifically requires school policies to include the following students’ rights: to be referred to by preferred name and pronouns; to participate in school sports or activities in a manner consistent with their gender; and to dress in a manner consistent with their gender. It also specifically requires that school personnel/contractors may not disclose any info related to a students sexual orientation or gender to anyone without the students consent. 

Passed in the last legislative session, I-2081 created a “Parent’s Bill of Rights” that undermines Trans students’ autonomy and self-determination by allowing parents to opt students out of sex education and any education, assignments, or topics related to either “sexuality” or Critical Race Theory. In its original form, I-2081 also functions to erode students’ privacy when receiving counseling or medical care in school by granting parents access to these school records. As if it wasn’t bad enough, with its lack of a path for implementation, the initiative’s vague and confusing language could lead districts to adopt policies that violate state and federal protections for students. 

SB 5181 amends I-2081, aka the “Parent’s Bill of Rights,” to bring it into alignment with existing law. Importantly, SB 5181 strengthens students’ rights to speak to teachers and counselors by opening up a pathway for memory-aiding notes to be kept that do not count as school records for the purpose of disclosing information to parents that the student did not consent to. 

For Trans youth in particular, who too often face familial and societal rejection, ensuring their well-being and respecting their confidentiality in educational settings can be life-saving. Furthermore, ensuring student privacy creates environments where young people have multiple trusted adults to disclose abuse and neglect they may be experiencing, and this bill creates those opportunities by protecting students’ privacy. 

This bill also reinforces the existing federal rights of parents, still reserving their rights under The Family Educational Rights and Privacy Act (FERPA). For example, SB 5181 still includes the right that parents be notified within 72 hours if their child experiences violence or is questioned by police on school property during the school day (except when parents are accused of abuse or neglect). 

The Safety Act (HB 1296) also amends I-2081 (the “Parent’s Bill of Rights”) by strengthening students’ right to privacy, extending protections for Trans youth, and adding a new statement of student rights. 

The Safety Act adds new rules and guidelines to address the unique challenges and needs faced by Trans and gender expansive students in schools; to eliminate discrimination on the basis of gender expression and identity in schools; and specifically calls out that the requirements for school policies prohibiting harassment, intimidation, and bullying does extend to Trans and gender expansive students. 

Similarly to SB 5181, HB 1296 strengthens students’ right to privacy by allowing medical and counseling records to be kept private, rather than accessible to parents without the student’s consent, as in the original I-2081. 

Importantly, the Safety Act also adds a new statement of student rights, which specifically names that students are entitled to the rights outlined in the U.S. Constitution and Declaration of Independence—including freedom of religion, freedom of speech, freedom to assemble, freedom from unreasonable searches and seizures, freedom to due process, and so on; as well as the rights to all WA State constitutional protections.