BACKGROUND: 

What are current policies around gender inclusivity at schools in WA? 

Civil rights laws prohibit discrimination on the basis of gender expression and identity in Washington public schools. The Office of the Superintendent of Public Instruction (OSPI) has more information and guidance around these rules on their website. 

In addition, in 2020, school districts were required to adopt or amend a model policy, developed by the Washington State School Directors’ Association (WSSDA), about protections & inclusion of transgender students at school. WSSDA is a state agency that provides guidance & model policies to districts and school boards, often at the request of the legislature. The policy outlines how districts should operate to address the challenges and needs faced by transgender students and prohibit bullying, harassment, and discrimination based on gender identity or expression. 

What else is happening related to the rights of students in schools? 

This bill is a response to a recent ballot initiative that passed last year in Washington. A ballot initiative is a process by which citizens can propose new laws and Constitutional amendments. This initiative, also known as the Parents’ Bill of Rights, states that parents and guardians have the right to access public school records related to their child.  

While this right already exists in law, the initiative expanded the definition of “records” to include medical or health records, mental health counseling records, and any other files maintained by the school on their student. This initiative is under legal review in many places to ensure the state law does not break any privacy protections under federal law. (see OSPI’s website for more information). 

SUMMARY: 

This bill requires all schools to prioritize the protection of every student’s safety, access to education, and privacy, as well as adopt or amend their policies around supporting transgender and gender expansive students. 

• Their policies must incorporate the elements of the WSSDA model policy around gender inclusion and anti-discrimination at school. 

• The bill gives OSPI the right to sanction schools that do not update and implement these policies, including withholding or terminating funding. 

It specifies the rights of parents and guardians in school settings. 

• For example, parents are allowed rights to access the classroom, file complaints, receive assistance from the school,  and get notice of events like campus removal or criminal activity. 

• Parents are allowed to access some but not all student records. For example, schools do not have to provide prior notification to parents before offering medical services to a student (unless it is an emergency). Parents do not have a right to see records that are kept in the sole possession of the maker (such as notes from a session between counselor and student). 

The bill institutes a state of student rights, including their freedoms of speech, religion, and access to education.  

The bill forbids staff or personnel from retaliating against other employees who are supporting students’ rights under these policies, nondiscrimination laws, or use of curriculum with subject matter relating to LGBTQ+ experiences or perspectives. 

POINTS TO CONSIDER ABOUT THIS BILL: 

Response to Recent State Changes 

This bill is a response to the Parents’ Bill of Rights initiative, which significantly limits students’ privacy at school and, for some, negatively impact their safety and wellbeing. For many young people, school can be a safe and private space to seek mental health counseling. Knowing that your records could be shared with parents and guardians can take away that safety.  

Mental Health Implications 

Making schools a safe, affirming, and inclusive space for transgender and gender expansive youth is also a critical part of addressing the youth mental health crisis. According to the National Institute of Health, suicidal ideation is disproportionately high among transgender and gender expansive youth. In one study, almost half of transgender youth reported suicidal ideation, and over 40% of gender-expansive youth. Creating school spaces that are free of bullying, harassment, and discrimination, amongst both students and staff, is an important part of supporting the needs of LGBTQ+ youth. 

National Context 

This bill also comes amid significant changes at the national level. The Trump administration recently rescinded various Executive Orders from the past few years that secured rights of transgender and gender-expansive people. The administration also issued a new executive order in January of 2025 that pulls federal funding from schools and programs that promote “gender ideology extremism” and “discriminatory equity ideology.” This could mean pulling federal funds that are used to help support transgender and gender-expansive people, as well as eliminating Diversity, Equity, and Inclusion (DEI) programs that are federally funded. For youth, this can look like: 

• Medicaid insurance no longer covering gender-affirming care 

• Federally-funded hospitals no longer offering gender-affirming services or care 

• Title I-funded schools restricted from using their funds to support certain student groups and DEI initiatives 

Resources 

Many leaders in Washington are committed to protecting transgender and LGBTQ+ in the midst of these changes from the Trump administration.  

• The Washington State LGBTQ Commission’s resource page includes lists of services, agencies, and resources by region in the state. 

• The ACLU of Washington maintains an information page about the rights of transgender people in Washington, as well as contact information for supports on civil rights. 

• Western Washington University also maintains a list of resources and organizations to reach out to related to LGBTQ+ rights across the state.