Lawsuit challenges Washington bill that modified Parents’ Bill of Rights

A lawsuit has been filed against a sweeping overhaul to Washington’s Parents’ Bill of Rights.

A group of Washington parents, school board members, and educators filed a lawsuit in Thurston County Superior Court, stating that House Bill 1296 (HB 1296) strips families of key rights. The law limits what schools can tell parents about their kids.

Democrats said the bill clarifies what rights parents and students have in public schools, protecting student privacy while still giving parents access to most records and information.

However, Paige McElwrath with the Citizen Action Defense Fund, which filed suit against the bill, argues it is unconstitutional.

“It’s less about, you know, transgender issues or ideology,” she said. “It’s more so about parental rights, given that parents are the primary stakeholders and the outcome of their children.”

McElwrath stated the bill violates not only parents’ rights, but also religious freedoms, the single-subject rule in the Washington Constitution, the Family Educational Rights and Privacy Act (FERPA), and federal law.

Supporters argue HB 1296 will ensure all students are protected from discrimination and harassment.

The Washington State Attorney General’s Office told KIRO Newsradio it will work with state agencies to respond in court, but it has not yet seen the filing.

Meanwhile, the Washington Office of Superintendent of Public Instruction told KIRO Newsradio it is reviewing the complaint.

“OSPI is charged with implementing, upholding, and enforcing the law and will continue to do so unless or until the law changes,” a spokesperson for OSPI stated.

Breaking down Washington’s parental rights bill

Controversies about HB 1296 are not new. In February, Democrats and Republicans in Washington traded verbal fireworks over the bill.

Democratic lawmakers accused their Republican counterparts of misleading and confusing the public regarding one of the most contentious aspects of the bill: parental notifications.

HB 1296 modified parts of Initiative 2081 (I-2081), the Parents’ Bill of Rights, which was passed by the legislature last year. The initiative was originally intended for a statewide vote, but the Democratic-controlled House and Senate adopted it as law without sending it to the ballot.

Democrats later vowed to “fix” certain aspects of the initiative. HB 1296 contains some of those revisions, particularly regarding the rule that requires parents to be notified immediately if their child is involved in an incident at school or a health care decision that the student wishes to keep private.

HB 1296 sought to revert back to a 48-hour notification rule, which had been in place for 20 years. Democrats argued this time frame allows school officials and law enforcement to properly assess situations before informing parents.

House Bill 1296 passed

In April, despite not receiving any Republican votes, Senate Democrats were able to pass HB 1296.

Democrats argued HB 1296 creates and installs important safeguards for students while providing greater clarity to the already-existing Parents’ Bill of Rights law. But Republicans argued it guts and rewrites the voter-backed initiative that was passed into law last year, taking control away from parents and local school districts.

Contributing: Frank Lenzi and Matt Markovich, KIRO Newsradio; Frank Sumrall and Julia Dallas, MyNorthwest