Unpacking the fight over the Parents' Bill of Rights

Plus, how minority Republicans are fighting back.

After passing Initiative 2081 last year, the legislature promised parents greater visibility into their children’s private lives at public schools—creating a lot of confusion for school districts in the process. Democrats argue that aspects of the Parents’ Bill of Rights violated long-established state and federal privacy laws, and were an example of conservatives attempting to create a loophole around them through the public school system.

The problem Democrats and advocates have with I-2081 relates to specific situations where public schools might be required to “out” students who are pregnant, sexually active, or questioning their sexuality or gender identity to inquiring parents, a violation of the principles of previously established laws.

Senate Bill 5181 from Sen. Claire Wilson, D-Auburn, aims to refine ambiguities and statutory contradictions in the Parents’ Bill of Rights that could violate the privacy rights of adolescents in public schools. Republicans argued SB 5181 removes parental rights that were extended under the initiative. It’s clear that I-2081 conflicts with existing state statutes and possibly some federal laws also, but which law ought to be changed is up for debate.

“Don’t change a law by slipping something into an initiative where the law doesn’t live,” Wilson told The Observer.

Why this matters: Public school students who identify as LGBTQ+ are a protected class in Washington, one that bears a disproportionate burden of depression, anxiety, and suicidality relative to their peers, according to the Washington State Healthy Youth Survey. Washington lawmakers established laws to protect the privacy of adolescents seeking mental health support nearly 40 years ago. What’s being debated is whether those protections extend to medical and educational records produced by the school that parents may want to see. Federal and state privacy laws on this issue are complex, as is legislation expanding protections for children and adults seeking gender-affirming care, which is the hot-button social issue of the moment and the root of much of the partisan friction surrounding the Parents’ Bill of Rights.

Photo by Taylor Flowe on Unsplash