Student and Parent Rights

EHSB 1296

State and federal law establish important rights for students and families regarding education. In recent years, Washington voters and the state Legislature have made clarifications and changes to those rights. This page provides background information and resources related to those provisions.

Policy Background

In March 2024, the Legislature passed Initiative 2081, entitled the Parents’ Bill of Rights, which went into effect on June 6, 2024. Various plaintiffs filed a lawsuit in King County Superior Court seeking to enjoin I-2081 before it became effective. On January 27, 2025, the King County Superior Court issued an order dissolving the I-2081 injunction and dismissing that lawsuit. With the litigation resolved and I-2081 in effect, on February 13, 2025, OSPI issued Updated Guidance for Implementation of Initiative 2081.

The legislature proposed bills with multiple modifications to I-2081, including additional provisions related to student rights, parental and guardian rights, employee protections, and requirements for OSPI and other state and local education entities. The legislature ultimately consolidated and passed ESHB 1296. The resulting bill was signed by Governor Ferguson on May 20, 2025.

The new legislation created a statement of student rights, outlined rights of parents and legal guardians, expanded the bases covered by State nondiscrimination provision, and explicitly protects employees from retaliation. Additionally, the legislature articulated new standards for district superintendents, local school board members, and individual school board members regarding possible “noncompliance with state law.” Effective July 1, 2026, OSPI is charged with investigating and securing equitable resolutions for complaints alleging “willful” noncompliance with certain state laws.  

Implementation and Relationship to Existing Law

OSPI has sought to harmonize the provisions of RCW 28A.605.005 with both federal and state law that preexisted ESHB 1296.  If a situation arises where the meaning is uncertain or appears to conflict with existing law, OSPI recommends that districts consult their legal counsel. Districts should implement ESHB 1296 consistent with the federal Family Educational Rights and Privacy Act (FERPA), federal Health Insurance Portability and Accountability Act (HIPAA), and other applicable federal law. 

Additional Guidance and Resources

Initiative 2081 Background

ESHB 1296 builds on and modifies Initiative 2081 (the Parents' Bill of Rights). Expand the section below for background on Initiative 2081, including previous guidance, legal proceedings, and implementation updates.

Background and Previous Guidance

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

Parent's Bill of Rights Survey - 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.

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:

  • 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.”
  • 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

Initiative 2081 Monthly Report for June 2025
Initiative 2081 Monthly Report for May 2025
Initiative 2081 Monthly Report for April 2025
Initiative 2081 Monthly Report for March 2025
Initiative 2081 Monthly Report for February 2025
Initiative 2081 Monthly Report for January 2025
Initiative 2081 Monthly Report for December 2024
Initiative 2081 Monthly Report for November 2024
Initiative 2081 Monthly Report for October 2024

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.