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WA Democrats seek to amend Parents Bill of Rights after outcry about harm to LGBTQ+ youth

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Courtesy of Pixels
Courtesy of Pixels

Last year the Parents Bill of Rights, or Initiative 2081, brought forth by the extremist group Moms4Liberty, went into effect despite concerns regarding the outing of LGBTQ+ students. For the sake of bipartisanship, Democratic legislators chose to approve of the initiative as is, rather than placing it on last November's ballot. Now, they are attempting to amend the law, but Republican legislators have more momentum than ever before.

Senate Bill 5181, heard by the Senate Committee on Early Learning & K-12 Education on January 21, would primarily make changes to bring its language into alignment with existing law, and alter some of the 15 rights that the law enshrines.

"I feel a sense of urgency as I bring this bill forward today... We said that when we passed the initiative in 2024 that if changes were needed, we'd make them," said Sen. Claire Wilson (D-30), a bill sponsor, noting how about 90% of what was in the initiative was already within current state law. "This is a cleanup bill. This is not an overhaul...
"It became clear over the interim that some of our more poorly written provisions in the initiative were causing confusion for school districts' implementation because of potentially conflicting revisions within state laws."

One of the proposed amendments replaces the term "public school record" with "education school record," which would allow parents to inspect their child's education records — but make no changes to parental oversight of a child's healthcare information under existing state law.

SB 5181 would also remove parental rights to notifications when medical services and follow-up care are offered or provided. The bill would also expand the definition of classes protected from discrimination under state law to include sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation and gender expression or identity, and disability.

Safety concerns
"As sexual violence attorneys, we see two unfortunate realities that are addressed by this bill," said Elizabeth Hendren, a parent who sits on the advisory council of the Sexual Violence Law Center. "The first is that LGBTQ+ individuals are targeted for and experience sexual violence at significantly higher rates. The second is that sexual violence is frequently perpetrated by family members and sometimes, even parents."

For youth experiencing harm at the hands of their families, schools play critical roles in providing supporting environments while connecting them to resources. Hendren said she appreciates the bill's sensitivities regarding student records protections in cases in which parents are involved in a crime.

Under I-2081, parents receive an immediate notification if their child is taken or removed from the public school, without parental permission, into a youth shelter or "host home." SB 5181 adjusts that language to allow parents to be notified within 72 hours.

"By clarifying these rights and protections, you help foster an environment of trust and support for young people, including those who identify as Transgender or gender diverse," said Danni Askini, executive director of Gender Justice League. "As a former foster youth myself, I'm a survivor of sexual abuse as a child. This bill is also deeply personal for me."

Askini said she supports processes that streamline record requests relating to education and notifications to protect a student's safety, and noted how this bill is crucial for Transgender youth, who face greater rates of familial rejection. Askini believes SB 5181 would ensure the respect for confidentiality in educational settings for Trans students, which can be lifesaving.

Medical record notifications
The hearing was not without pushback, however. Several concerned citizens and two school district leaders spoke in opposition to the proposed amendments.

"We do oppose the removal of provisions related to medical services being offered or provided to children," said Jean Hill of the Washington State Catholic Conference.

Hill said schools are allowed to make decisions when parents are unavailable to do so, but that does not give public schools the right to take action on nonemergency medical decisions. Hill believes SB 5181 is an intrusion into family privacy.

Autumn Meadows, a concerned citizen, made a point of attacking gender-affirming care, like hormonal therapies. Eatonville School Board President Ronda Litzenberger also testified in opposition, saying that I-2081 renewed trust between schools and parents, which was vital after coming out of the COVID-19 pandemic. The passage of this bill would jeopardize that progress, she said.

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