Part of Parental Rights Law Put on Hold by King County Judge
March 4, 2024, Washington Initiative 2081, titled, Parental Right to Review Education Materials, Receive Notifications, and Opt Out of Sexual-Health Education Initiative, was approved by the Washington State Legislature by a vote of 49-0 and 82-15 in the House.
Initiative 2081 gave parents the right to review educational materials, receive certain notifications, and opt out of sexual health education. Under the initiative, parents have the right to:
- review textbooks, curriculum, and supplemental materials used in their child’s classroom;
- inspect and receive a copy of their child’s records within 10 days of a written request;
- receive prior notification of medical services offered to their child, except in emergencies;
- be informed about any medical services or medications provided to their child with potential financial impact;
- be notified of medical treatment arranged by the school resulting in follow-up care beyond normal hours;
- be notified of criminal actions involving or committed by their child;
- be notified if law enforcement questions their child, except in cases of parental abuse or neglect accusations;
- be notified if their child is taken from school without parental permission;
- be assured that the school will not discriminate against their child based on sincerely held religious beliefs;
- opt-out students from certain surveys, assignments, and instructional topics, including those related to sexuality;
- receive the annual school calendar and be notified of any revisions; and
- receive information on required fees, dress code, and academic performance threatening promotion.
The measure officially took effect on June 6, 2024.
Soon after, the ACLU of Washington and other legal groups filed a lawsuit arguing that this initiative violates the Washington State Constitution because it fails to disclose how it revises and affects existing law. The Family Educational Rights and Privacy Act requires records to be turned over as soon as possible or within 45 days. The new initiative would require school districts to turn over records in ten days, a shorter timeline than federal law. Additionally, proponents of the lawsuit argue that this initiative could be harmful to students seeking school referrals for reproductive services, counseling related to their gender identity or sexual orientation, or treatment or support for sexual assault or domestic violence.
King County Superior Court Judge Michael Scott granted a request for a temporary injunction on this timeline requirement in the initiative. Judge Scott stated, “It’s not this court’s position to determine whether that’s good policy or not,” however, concerns were raised over the sweeping language in regard to the production of information. This part of the law was not overturned but put on hold until the case can proceed. For more updates on laws affecting your children or family, check back in with Beresford Booth.
To learn more about Part of Parental Rights Law Put on Hold by King County Judge, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.