Implementation of I-2081, the Parents’ Bill of Rights

Update as of February 13, 2025: Following a decision in King County Superior Court on January 27, 2025, all provisions of I-2081 are now in effect. On February 13, 2024, OSPI published guidance for school districts to assist with effective implementation of the Initiative in alignment with state and federal law.

In March 2024, the Washington State Legislature passed Initiative 2081 (I-2081), known as the Parents’ Bill of Rights, which took effect on June 6, 2024. While several provisions within the initiative overlap or mirror existing law, there are some provisions that do not appear aligned with previously existing state and federal law. 

This initiative does not alter or reduce student privacy rights protected by federal law. The initiative states that parents and legal guardians have the right to inspect their child’s public school records, a right that is already outlined in existing law. However, the initiative defines what constitutes as a “record,” to include items such as medical or health records; records of any mental health counseling; and any other student-specific files, documents, or other materials maintained by the school.

As school districts work with their legal counsel on the implementation of I-2081, they should understand that it is likely that the Initiative will be modified to ensure all sections are in alignment with both state and federal law. There are multiple bills proposing modifications actively moving through the legislative process, and at the same time, there is a court case with a possibility of moving to an appellate court for further consideration. In the meantime, school districts should be aware of the legal risks of disclosing students’ private information before modifications are made to ensure the state law does not contradict the privacy protections prescribed in federal law.

Reporting Questions, Comments, or Concerns

At the direction of the Legislature, OSPI is collecting questions, comments, and concerns from Washingtonians related to the implementation of the Parents' Bill of Rights. The Legislature has further directed OSPI to share these questions, comments, and concerns with the Legislature on a monthly basis.

Parent's Bill of Rights Survey

Implementation of I-2081

As directed by the Legislature, OSPI has developed technical guidance and a tool to assist with the implementation of I-2081. While much of the initiative aligns with existing state and federal laws, some provisions, particularly those related to student privacy and safety, require further clarification. OSPI published initial guidance on June 7, 2024, and published reports to the Legislature for each month beginning with October 2024.  OSPI’s Legal Affairs team is working quickly to update our guidance related to the implementation of the Initiative.

In the spring of 2024, a group of plaintiffs filed a lawsuit in King County Superior Court, Legal Counsel for Youth and Children, et. al. v. State of Washington, seeking to enjoin I-2081 before it became effective. On June 21, 2024, Judge Michael Scott issued a preliminary injunction, requiring that certain provisions of I-2081 be placed on hold while the litigation progressed through the legal process. The portions that were placed on hold at that time were:

  1. Subsection (2)(b)(i)’s requirement that parents “receive a copy of their child’s records within 10 business days of submitting a written request, either electronically or on paper.”
  2. Those portions of I-2081 that require the disclosure of medical, health, and mental health records and/or information protected by RCW 70.02.020.

OSPI complied with the judge’s order and continued implementation efforts on provisions not covered by the injunction.  

On January 27, 2025, Judge Scott signed an order granting summary judgment to the defendants. Judge Scott’s ruling dismissed the lawsuit and stated that Initiative 2081 (I-2081), codified in RCW 28A.605.005, does not violate the Washington State Constitution. This order means that all sections of I-2081 are now in effect.  In the meantime, OSPI will continue to monitor this case as well as potential actions by the Legislature.

Monthly Status Report

Existing Statutory References for I-2081

OSPI recognizes that several provisions of I-2081 appear to overlap or mirror existing law without providing textual references. Bulletin 009-25: Updated Guidance for Implementation of of Initiative 2081 provides a chart to aid in cross-referencing the provisions of the initiative with existing law.

Local education agencies (LEA) must comply with both I-2081 and existing laws, ensuring alignment with the federal Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), and other relevant federal laws. LEAs should avoid changing or enacting policies based on I-2081 unless specific statewide guidance is provided. For any uncertainties or potential conflicts with existing laws, OSPI recommends LEAs consult legal counsel and share questions with OSPI for inclusion in ongoing guidance.