SB 5956 — Addressing artificial intelligence, student discipline, and surveillance in public schools.

S-4157.2S-3708.1 SUBSTITUTE SENATE BILL 5956 State of Washington 69th Legislature 2026 Regular Session By Senate Early Learning & K-12 Education (originally sponsored by Senators Nobles, Wellman, Chapman, Frame, Hasegawa, Orwall, Salomon, Shewmake, Slatter, Valdez, and C.

Wilson)Wilson READPrefiled FIRST12/31/25. TIME 01/23/26.

Read first time 01/12/26.

Referred to Committee on Early Learning & K-12 Education.

1 SSBSB 5956 instruction has issued guidance on human-centered artificial intelligence in education.

2 SSBSB 5956 (a) Physical harm will be inflicted by the student upon the student's own person, as evidenced by threats or attempts to commit suicide, or inflict physical harm on oneself;

3 SSBSB 5956 (a) Use an automated decision system as the sole or determinative basis to generate a "risk score" or similar predictive classification for an individual student that purports to measure the student's likelihood of misconduct, gang affiliation, criminal behavior, targeted violence, or future disciplinary problems;

or (b) Maintain internal lists or watchlists of students designated as likely perpetrators of violence or serious misconduct wholly based in whole or in part on an automated decision system.

(2) A school district may not enter into any contract with a vendor or school service provider that requires or authorizes the vendor or school service provider to engage in the activities prohibited under subsection (1) of this section.

or (b) Uses required by federal law, provided that such uses are narrowly limited to what federal law requires and are not used for student discipline-related decisions;decisions.

or (c) The use of biometrics to determine student engagement when it is used solely for the purposes of informing educator professional development.

(2) Disclosures under this section must remain consistent with RCW 28A.600.475, 28A.605.030, and applicable federal law, including p.the federal family educational rights and privacy act of 1974, 20 U.S.C.

4 SSB 5956 the federal family educational rights and privacy act of 1974, 20 U.S.C.

NEWp. SECTION.

4 SB 5956 NEW SECTION.

(1) Nothing in this chapter or RCW 43.386.080 may be construed to limit or impair the authority of a school district, school, or employee or contractor of these entities to take corrective action or impose student discipline as authorized under state law.

(3) Nothing in this chapter or RCW 43.386.080 prohibits an educational service district, school district, school, or employee or contractor of these entities from gathering and analyzing nonbiometric information about a student's behavior with an automated decision system to determine a level of concern, which is used to develop and implement supportive interventions to promote positive behavior development and to promote a safe, supportive teaching and learning environment.

(2) A state or local government agency may not apply a facial recognition service to any individual based on their religious, p.political, or social views or activities, participation in a particular noncriminal organization or lawful event, or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender identity, sexual orientation, or other characteristic protected by law.

5 SSB 5956 political, or social views or activities, participation in a particular noncriminal organization or lawful event, or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender identity, sexual orientation, or other characteristic protected by law.

(4)p. A law enforcement agency that utilizes body worn camera recordings shall comply with the provisions of RCW 42.56.240(14).

5 SB 5956 (4) A law enforcement agency that utilizes body worn camera recordings shall comply with the provisions of RCW 42.56.240(14).

During its regular review cycle, the office of the superintendent of public instruction shall, in consultation with students, families, educators, and communities disproportionately impacted by discipline and surveillance, update its guidance on human-centered artificial intelligence in K–12 education to reflect the prohibitions and requirements in chapter 28A.--- (the new chapter created in section 13 of this act) and to address the use of artificial intelligence p.systems, automated decision systems, and school surveillance technologies in connection with student discipline-related decisions and school safety.

6 SSB 5956 systems, automated decision systems, and school surveillance technologies in connection with student discipline-related decisions and school safety.

(1) By February 1, 2027, the Washington state school directors' association must develop,develop and periodically update, a model policy and procedure that school districts, charter schools, and state-tribal education compact schools may adopt or adapt to reflect the prohibitions and implement the requirements in chapter 28A.--- (the new chapter created in section 13 of this act).

(2)p. The Washington state school directors' association must maintain the model policy and procedure on its website at no cost to school districts.

6 SB 5956 (2) The Washington state school directors' association must maintain the model policy and procedure on its website at no cost to school districts.

(b) Strategies to avoid discriminatory or disproportionately harmful impacts on students with protected classcharacteristics status under chapters 49.60, 28A.640, and 28A.642 RCW;

p.NEW SECTION.

7 SSB 5956 NEW SECTION.

87 SSBSB 5956