HB 1296 — Promoting a safe and supportive public education system.

The training required under this subsection may be incorporated within existing training programs and related resources.

(3) Nothing in this section changes any of the duties established under RCW 26.44.030.

This requirement recognizes that public schools are foundational to our democracy, working in partnership with families and communities to shape the next generation of leaders into respectfulp. and engaged critical thinkers, resulting in economic prosperity and innovation for the state and its residents.

5 HB 1296 respectful and engaged critical thinkers, resulting in economic prosperity and innovation for the state and its residents.

A link to the materials must be made available on school district, charter school, and state-tribal compact school websites, social media platforms, and other p.communication channels used by students.

7 ESHB 1296 communication channels used by students.

(a)(i) Public school students are beneficiariessubject ofto the Declaration of Independence and the United States ConstitutionConstitution, and theits associated privileges and protections, including:

and (H) The self-evidentright truthsto articulated in the Declaration of Independence that all men are created equal, that they are endowed by their Creator with certain unalienable rights, and that among these are life, liberty, and the pursuit of happiness.

(ii)p. Public school students are subject to numerous privileges and protections derived from federal statutes, examples of which include:

6 HB 1296 (ii) Public school students are subject to numerous privileges and protections derived from federal statutes, examples of which include:

p.(C) The right to not be disturbed in private affairs without authority of law;

8 ESHB 1296 (C) The right to not be disturbed in private affairs without authority of law;

(B)p. The right to a basic education that provides students with opportunities to develop the knowledge and skills necessary to meet state-established graduation requirements, which are intended to provide students with the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship;

7 HB 1296 (B) The right to a basic education that provides students with opportunities to develop the knowledge and skills necessary to meet state-established graduation requirements, which are intended to provide students with the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship;

(3) The rights identified in this section are not intended to be a comprehensive delineation of student rights,rights or the manner in which p.they are derived, nor is this section intended to have any application to rights established in other titles or in other provisions of state and federal law.

9 ESHB 1296 they are derived, or the associated legal limits, nor is this section intended to have any application to rights established in other titles or in other provisions of state and federal law.

(2) Parents((Parents)) The rights of parents and legal guardians of((of ((publicpublic school children younger than 18 years old have all of))of childrenthe enrolledfollowing rights)) include the right to enroll their child of qualifying age in a public schoolsschool, asregardless definedof insincerely RCWheld 28A.150.010beliefs, havehousing thestatus, followingimmigration rights:status, English language p.

(a)8 ToHB access1296 theirproficiency, child'sor classroomdisability, and school-sponsored activities to observeprovide infor accordance with RCW 28A.605.020 and to examine the curriculum,instruction textbooks,of ((curriculum)) instructional materials, and supplemental ((material)) instructional materials used in their child'schild classroomthrough inan accordanceapproved withprivate policiesschool andor procedures;home-based instruction.

(b)(i)Parents To inspect and reviewlegal theirguardians child'swho ((publicenroll school)) education records ((in accordance with RCW 28A.605.030,)) and to request and receive a copy of their child'schild educationin records within ((10 business days of submitting a writtenpublic request,school eitherhave electronicallyadditional or on paper)) a reasonable period of time, but not more than 45 days, of submitting a request in accordance with the federal family educational rights andrelated privacyto acttheir ofchild's 1974,enrollment, Titleincluding 20to: U.S.C.

Sec.(a) ((To examine the textbooks, curriculum, and supplemental material used in)) Access their child's classroom and school sponsored activities in order to observe class procedure, teaching material, and class conduct as provided in RCW 28A.605.020;

1232g,(b)(((i) asTo ininspect effecttheir onchild's Januarypublic 1,school 2025,records andin accordance with RCW 28A.605.030.28A.605.030, and to receive a copy of their child's records within 10 business days of submitting a written request, either electronically or on paper.

(ii)(ii))) ParentsInspect ((or)) and legalreview guardiansthe ((must))education choosingrecords toof inspecttheir andchild reviewwithin theira child'sreasonable educationperiod recordsof maytime, but not bemore requiredthan by45 adays, publicof schoolsubmitting toa appearrequest in personaccordance forwith the purposesfederal offamily p.educational rights and privacy act and RCW 28A.605.030;

10(i) ESHBParents 1296((or)) requestingand orlegal validatingguardians a((must)) requestchoosing forto theirinspect child'sand ((publicreview school))their child's education records,records providedmay thenot publicbe schoolrequired canby ascertaina thepublic identityschool ofto the((appear)): requestor.

(iii)Appear Noin chargeperson mayfor bethe imposedpurposes onof arequesting parent((or orvalidating legala guardianrequest tofor ((receive such records electronically)) inspect or review their child's educationpublic recordsschool or for the costs of searching for or retrieving the education records.

Any(iii) chargesNo forcharge amay ((paper)) copy of such records must be reasonableimposed ((and)),on not prevent a parent,parent legal guardian, or eligiblelegal childguardian from exercising the right to inspectreceive andsuch)) review the child's education records, andprovided bethe setpublic forthschool incan ascertain the officialidentity policies and procedures of the schoolrequestor; district and public school.

(iv)or ((Publicpay schoola recordsfee includeor allother ofcharge to receive the following:education records electronically.

(A)Any Academicfees recordsor including,charges butrequired notof limitedparents to,or testlegal guardians by a public school for a paper copy of ((such)) their child's education records must be reasonable and assessmentset scoresforth in accordancethe withofficial RCWpolicies 28A.230.195;and procedures of the public school ((district.

(B)(iv) MedicalPublic orschool healthrecords records;include all of));

(ii) "Education records" include the following:

(A) Academic records of their child including, but not limited to, grades, transcripts, and test and assessment scores in accordance with RCW 28A.230.195;

(B) ((Medical or health records;

(D)(D))) Records of any vocational((vocational)) graduation, college, and career counseling, including career and technical education counseling;

(E) Records of discipline, including expulsions and suspensions under RCW 28A.600.015;

(F) Records of attendance, including unexcused absences in accordance with RCW 28A.225.020;

(G) Records associated with a child's screening for learning challenges, exceptionalities, plans for an individualized education program, or plan adopted under section 504 of the rehabilitation act of 1973;

and (H) Any other student-specific files, documents, or other materials that are maintained by the public school)) Education records means those official records, files, and data directly related to a student and maintained by the public school including, but not limited to, records encompassing all the material kept in the child's cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, disciplinary status, test protocols, and individualized education programs;

(v) Education records do not include records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

119 ESHBHB 1296 (vi)(((E))) Nothing(C) inRecords thisof sectiondiscipline, changesincluding theexpulsions access and disclosuresuspensions provisionsunder established in chapter 70.02 RCW related28A.600.015 toand health28A.600.020; care information;

(c)(((F))) ((To(D) receiveRecords priorof notificationattendance, whenincluding medicalunexcused servicesabsences arein beingaccordance offeredwith toRCW their28A.225.020; child, except where emergency medical treatment is required.

and (((G))) (E) Records associated with ((a)) their child's screening for ((learning challenges, exceptionalities, plans for an individualized education program)) indications of or areas associated with dyslexia under RCW 28A.320.260, highly capable programs under RCW 28A.185.030, plans for an individualized education program in accordance with the federal individuals with disabilities education act, or ((plan)) plans adopted under section 504 of the rehabilitation act of 1973;

((and (H) Any other student-specific files, documents, or other materials that are maintained by the public school;

(c) To receive prior notification when medical services are being offered to their child, except where emergency medical treatment is required.

(f)))(f) To receive immediate notification ((ifif a criminal action is deemed to have)):have been committed against their child or by their child;

That(g) theirTo childreceive isimmediate thenotification allegedif victim,law target,enforcement orpersonnel recipientquestion oftheir physicalchild, abuse,except sexualin abuse,cases sexualwhere misconduct, or assault occurring on school property during the schoolparent dayor bylegal anotherguardian student,has abeen schoolaccused employeeof orabusing contractor, or anyneglecting otherthe individual,child; in accordance with RCW 28A.320.160;

that(h) aTo criminalreceive)) action(c) hasReceive beenimmediate committednotification againstif their child ((oris bytaken theiror child))removed onfrom school property during the public school day,campus including((without immediateparental notificationpermission, ifincluding thereto hasstay beenat a shooting,youth shelter or threat"host ofhome" aas shooting,defined onin schoolRCW property;74.15.020;

or(i) thatTo theirreceive childassurance hastheir beenchild's detainedpublic basedschool onwill probablenot causediscriminate ofagainst involvementtheir inchild criminalbased activityupon on school property during the schoolsincerely day;held p.

(((g)))10 (d)HB To1296 receivereligious immediatebeliefs notificationof ifthe achild's criminalfamily actionin isaccordance allegedwith tochapter)) havein beenviolation committed against their child, including immediate notification if their child is alleged to be the victim, target, or recipient of anrequirements allegationunder of sexual misconduct by a school employee as required by RCW 28A.320.160;28A.605.010;

(e)(d) ToHave their child receive immediatea notificationpublic ifeducation lawin enforcementa personnelsetting questionin theirwhich childdiscrimination duringon athe custodialbasis interrogationof atsex, therace, schoolcreed, duringreligion, thecolor, schoolnational day,origin, excepthonorably indischarged casesveteran whereor military status, sexual orientation, including gender expression or identity, the parentpresence of any sensory, mental, or legalphysical guardiandisability, hasor beenthe accuseduse of abusinga trained dog guide or neglectingservice theanimal child;by a person with a disability is prohibited under chapters 28A.640 and 28A.642 RCW;

(((h)))(((j) (f) To ((receivereceive)) immediate(e) notificationReceive ifwritten notice ((and the option)) from the school district in accordance with the federal protection of pupil rights amendment about the opportunity to opt their child isout takenof any surveys((, assignments, questionnaires, role-playing activities, recordings of their child, or removedother fromstudent theengagements publicthat schoolinclude campusquestions withoutabout parentalany p.of the following:

12 ESHB 1296 permission, including to stay at a youth shelter or "host home" as defined in RCW 74.15.020;

(i) To receive assurance their child's public school will not discriminate against their child based upon the sincerely held religious beliefs of the child's family in accordance with chapter)) not have their child removed from school grounds or buildings during school hours without authorization of a parent or legal guardian according to the provisions in RCW 28A.605.010.

Nothing in this section affects the provisions in RCW 74.15.020, 13.32A.082, 26.44.050, or 26.44.115;

(g) To have their child receive a public education in a setting in which discrimination on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited under chapters 28A.640 and 28A.642 RCW;

(((j) To)) (h) In accordance with the protection of pupil rights, Title 20 U.S.C.

Sec.

1232h, the right to receive written notice and the option to opt their child out of any ((surveys, assignments, questionnaires, role-playing activities, recordings of their child, or other student engagements that include questions about any of the following:

(iii) Any mentalmental)) healthanalyses, or psychologicalevaluations problemsthat ofmay thereveal childinformation orconcerning: a family member;

and(i) (iv)Political Allaffiliations surveys,or analyses,beliefs and evaluations subject to areas covered by the protection of pupil rights amendment of the familystudent educational rights and privacy act)) survey, analysis, or evaluationthe thatstudent's revealsparent; information concerning:

(i)(ii) PoliticalMental affiliationshealth or beliefspsychological problems of the student((child or thea student'sfamily parentmember; or legal guardian;

(ii)and Mental(iv) orAll psychologicalsurveys, problemsanalyses, ofand evaluations subject to areas covered by the studentprotection orof pupil rights amendment of the student'sfamily family;educational rights and privacy act;

(iii)(k) SexTo behaviorreceive)) andstudent attitudes;or the student's family;

(iv)(iii) Illegal,Sex antisocial,behaviors self-incriminating or demeaningattitudes; behavior;

p.(iv) Illegal, antisocial, self-incriminating, or demeaning behavior;

13 ESHB 1296 (v) Critical appraisals of other individuals with whom respondents have close family relationships;

(vii) Religious practices, affiliations, or beliefs of the student or the student's parentparent; or legal guardian;

(((k)))p. (i) To receive written notice and have the option to opt their child out of ((instruction on topics associated with sexual activity)) comprehensive sexual health education in accordance with RCW 28A.300.475;

(((l)))11 (j)HB To1296 receive(f) fromReceive thewritten publicnotice schoolfrom the annualpublic school calendar,and nohave laterthe thanoption 30to daysopt priortheir tochild theout beginning of the((instruction schoolon year,topics andassociated towith)) becomprehensive notifiedsexual in((activity)) writinghealth aseducation soonin asaccordance feasiblewith ofRCW any28A.300.475; revisions to such calendar.

(((l) To receive)) (g) Receive from the public school the annual school calendar, no later than 30 days prior to the beginning of the school year, and to be notified in writing as soon as feasible of any revisions to such calendar.

(((m)))(((m) (k) To receivereceive)) (h) Receive in writing each year from the public school or to view on the public school's website a comprehensive listing of any required fee and its purpose and use and a description of how economic hardships may be ((addressed;

(n)))(n) To receive)) considered in the administration of fees;

(l)(i) ToReceive receive in writing each year from the public school or to view on the public school's website a description of the public school's required dress code or uniform established pursuant((pursuant toto)) thein policiesaccordance establishedwith and allowed by RCW 28A.320.140, if applicable, for students;

((and (o)))(o) (m) To bebe)) (j) Be informed if((if)) by the public school of their child's academic ((performance,performance((, including whether their child is provided a student learning plan under RCW 28A.655.270))28A.655.270, progress,is includingsuch that it could threaten the rightchild's ability to receivebe periodicpromoted reportsto onthe theirnext child'sgrade educationallevel growth and developmentto inbe accordanceoffered an in-person meeting with RCWthe 28A.150.240child's classroom teacher and principal to receivediscuss noticeany ofresources theiror child'sstrategies performanceavailable onto statesupport learningand standardsencourage teststhe andchild's assessmentsacademic improvement)) in accordance with RCW 28A.150.240, 28A.230.195, 28A.655.230, 28A.320.203, and whether28A.230.730, theincluding, performance,as isapplicable, suchnotifications thatabout itgrade couldlevel threatenadvancement and meetings with the child's abilityclassroom teacher to bediscuss promotedany toresources theor nextstrategies gradeavailable levelto ((andsupport toand beencourage offered)).the child's academic improvement;

A(k) parentFile ora legalcomplaint guardianon alsobehalf hasof thetheir rightchild tounder requestRCW an28A.600.477 in-personrelating meetingto withharassment, theintimidation, child'sand p.bullying;

14(l) ESHBHave 1296their classroomchild teacherqualify andfor principalenrollment toin discussa anyschool resourcesdistrict if they are transferred to, or strategiespending availabletransfer toto, supporta andmilitary encourageinstallation within the child'sstate academicin improvement;accordance with RCW 28A.225.216;

(n)p. To file a complaint on behalf of their child under RCW 28A.600.477 relating to harassment, intimidation, and bullying;

(o)12 ToHB have1296 (m) Have their child qualify without a legal residence for enrollment in a school district if they are transferred to, or pending transfer to, a military installation within the state in accordance with RCW 28A.225.216;28A.225.215;

(p)(n) ToHave requesttheir enrollmentchild forwhose theirprimary childlanguage inis anot charterEnglish schoolaccess establishedsupplemental underinstruction chapterand 28A.710services RCW;through the transitional bilingual instruction program in accordance with RCW 28A.150.220;

(q)(o) ToReceive haveannual theirnotice childof qualifythe withoutpublic aschool's legallanguage residenceaccess forpolicies enrollmentand inservices, athe schoolparents' districtrights into accordancefree withlanguage RCWaccess 28A.225.215;services under Title IV of the civil rights act of 1964, 42 U.S.C.

(r) To have their child whose primary language is not English access supplemental instruction and services through the transitional bilingual instruction program in accordance with RCW 28A.150.220;

(s) To receive annual notice of the public school's language access policies and services, the parents' rights to free language access services under Title VI of the civil rights act of 1964, 42 U.S.C.

(t)(p) ToRequest request enrollment for their child in a nonresident school district in accordance with RCW 28A.225.220, 28A.225.225, and 28A.225.230;

(u)(q) ToBe be notified of unexcused absences and to engage in efforts to eliminate or reduce their child's absences in accordance with RCW 28A.225.015, 28A.225.018, and 28A.225.020;

(v)(r) ToRequest, request, under RCW 28A.155.090, information about special education programs and assistance for their child if their child is eligible for but not receiving special education services, including due to illness;

(w)(s) ToRequest request an appeal to the superintendent of public instruction under RCW 28A.155.080 if their child with disabilities has been denied the opportunity of a special education program by a school districtdistrict; or public school;

and (x)(t) ToAccess access special education due process hearings regarding their child as required by RCW 28A.155.020.

(3) Notwithstanding anything to the contrary, a public school shall not be required to release any records or information regarding a student's ((medical or health records or mental health counseling)) p.health care, social work, counseling, or disciplinary records to a parent or legal guardian who is the defendant in a criminal proceeding where the student is the named victim, or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the department of children, youth, and families where the parent or legal guardian is the target of the investigation, unless the parent or legal guardian has obtained a court order.

15(4) ESHB((As 1296used healthin care,this socialsection work,"public)) counseling,The ordefinitions disciplinary records to a parent or legal guardian who is the defendant in athis criminalsubsection proceedingapply wherethroughout thethis studentsection is the named victim or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the department of children, youth, and families where the parent or legal guardian is the target of the investigation, unless the parentcontext orclearly legalrequires guardianotherwise. has obtained a court order.

(4)p. ((As used in this section "public school" has the same meaning as in RCW 28A.150.010)) Nothing in this section creates a private right of action.

Sec.13 HB 1296 (a) "Education records" means records that contain information directly related to a student and are maintained by the public school, except as provided in the federal family educational rights and privacy act.

302."Education records" do not include records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

RCW(b) 28A.320.160"Public andschool" 2005has cthe 274same smeaning 244as arein eachRCW amended28A.150.010. to read as follows:

School districts must((, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct by a school employee,)) immediately notify the parents or legal guardians of a student alleged to be the victim, target, or recipient of ((the)) an allegation of sexual misconduct by a school employee.

School districts shall provide parents and legal guardians with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline.

This information shall be provided to all parents and legal guardians on an annual basis.

or p.(b) Performing work in a manner consistent with RCW 28A.642.080, 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this act.

16 ESHB 1296 (b) Performing work in a manner consistent with RCW 28A.642.080, 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this act.

(3) For the purposes of this section, an "adverse employment action" includes termination, demotion, suspension, discipline, denialp. of promotion, reassignment, negatively impacting the evaluation of certificated staff under RCW 28A.405.100, removal from, or denying access to, a supplemental contract, or otherwise taking any negative employment action against the employee.

14 HB 1296 denial of promotion, reassignment, negatively impacting the evaluation of certificated staff under RCW 28A.405.100, removal from, or denying access to, a supplemental contract, or otherwise taking any negative employment action against the employee.

1715 ESHBHB 1296