A badly written initiative that Washington’s right wing unsuccessfully sought to use as a messaging and get out the vote tool in the November 2024 presidential election is one step closer to being superseded by well-crafted legislation that adheres to the values and principles widely shared by families in the Pacific Northwest following a vote on the floor of the Washington State Senate today to pass SB 5181.
Prime sponsored by Senator Claire Wilson (D‑30th District: Federal Way and South King County), 5181 thoughtfully amends the statutes that Jim Walsh and Brian Heywood’s Initiative 2081 messed up when the Legislature adopted it to keep it off the general election ballot, ensuring that state laws pertaining to parent’s rights are properly aligned with other state and federal law and adding new rights for parents while reprotecting the balance between parents’ right to know and students’ right to privacy.
I testified in support of SB 5181 on NPI’s behalf in committee. The bill is also supported by the Gender Justice League, Office of the Superintendent of Public Instruction (OSPI), Washington State PTA, Planned Parenthood Alliance Advocates, Washington
Education Association, and the Sexual Violence Law Center.As assessed by nonpartisan staff, the engrossed substitute does the following:
- Modifies certain rights of parents and guardians of children enrolled in public school.
- Removes rights related to notification requirements regarding medical services and treatment.
- Lists ten additional rights of parents and guardians and includes cross references to existing state law for each.
- Adds that these rights do not create a private right of action.
Wilson and Democrats accepted three Republican floor amendments.
The effects of those are:
- Provides that the right to receive notification that a criminal action has been committed against their child on school property during the school day includes immediate notification if there has been a shooting on school property.
- Restores the provision granting parents and legal guardians the right to receive “immediate notification,” rather than notification at the first opportunity and within 48 hours of the school district or public receiving this information in all cases, if a criminal action has been committed against their child or their child has been detained on probable cause of involvement in criminal activity.
- Restores the provision granting parents and legal guardians the right to receive “immediate notification,” rather than notification at the first opportunity and within 48 hours in all cases, if law enforcement personnel question their child during a custodial interrogation at the school during the school day, except in cases where the parent or legal guardian has been accused of abusing or neglecting the child.
Ed. note: Representatives Boehnke and Dozier voted against the bill.
Bill undermining the Parents’ Rights Act coming to the Senate floor for debate/vote today
Senate Democrats are bringing a bill that all parents should be concerned about to the floor today for debate and a vote. Since the floor leader will not bring a bill up for a vote unless they are sure it will pass, we expect Senate Democrats to use their majority to pass it.
Senate Bill 5181 prevents a private right of action for parents who want to challenge violations of the Parents’ Bill of Rights created by I-2081. It also contains an emergency clause, which would eliminate the constitutional right of voters to challenge the bill through a referendum. Policy-wise, SB 5181 would remove parents’ right to know medical information, including:
- Prior notification when medical services are offered (except in emergencies).
- Notification when medical services or medication could impact health insurance.
- Notification when school-arranged medical treatment results in follow-up care.
Read the full text of the bill.
Let’s look more closely at SB 5181
Supporters of the bill claim that SB 5181 simply brings the Parents’ Rights Act into “alignment with existing law,” but that is misleading. The bill actually seeks to weaken the initiative’s protections for parental rights by narrowing its scope and undermining its key provisions.
In addition, some Democrats gave floor speeches to explain that they would be voting for the initiative because it didn’t do anything new…it was already consistent with state law. Why the change in their argument now?
The truth is that SB 5181 could disproportionately harm vulnerable children who rely on their parents as their primary advocates. The most challenging times in a kid’s life are the most important times for parents to know what is going on and provide their kids with love and support. No one is in a better place to do this than responsible parents. By limiting parental involvement, children may be left without a voice in decisions that affect their lives.
Policy that supports schools usurping the preeminent rights of parents is wrong. The state does not belong in the middle of the parent-child relationship.
Even worse, eliminating parental notification about medical services, even non-emergency ones, is a serious overreach. Parents have a right to be informed about any medical interactions their children have at school, especially those that could violate their religious beliefs, cause permanent harm to their child, have financial implications or require follow-up care.
One important detail of SB 5181 is that the schools would not be required to notify parents about non-emergency medical services or treatments. Instead, the bill says they have to disclose the information. This means that parents have to actively seek the information. If you do not know anything is wrong, how do you know what to seek?
Also, the bill allows up to 48 hours for schools to notify parents if their child is involved in a crime or questioned by police, instead of the current “immediate” notification. Other kids could be harmed if notification is delayed or attempted self-harm could be repeated if parents aren’t immediately involved.
Adding insult to injury, the bill includes an emergency clause. This means that the bill would take effect immediately and voters could not challenge it through referendum. This undermines the democratic process as well as parents’ rights.
Watch the debate live today on TVW.
When Senate Democrats vote to pass SB 5181, it will move to the House of Representatives for consideration. You can contact the Speaker of the House, the representatives for your district, and the chair of the House Education Committee to speak out against SB 5181 and the continuing effort to position the state in between parents and their children.
Chair of the House Education Committee
If the bill receives a hearing in the House, you will have the opportunity to testify in person, remotely, or to submit written testimony opposing the bill. Learn how.