Court Halts Washington State Law Requiring Schools to Share Information With Parents

A new Washington State law requiring schools and health care providers to disclose certain information to parents about their children has been halted ahead of the start of the 2024–2025 academic year.

The Washington Parents Bill of Rights, also known as Initiative 2081, was slated to take effect this summer. In May, the American Civil Liberties Union, on behalf of 10 organizations, filed a lawsuit to overturn the law on the grounds it violates the state constitution and existing laws that allow schools to hide a student’s gender identity information.

According to court documents, on June 24, King County Superior Court Judge Michael Scott granted the plaintiffs a partial injunction temporarily prohibiting the part of the state law that requires schools to disclose medical, health, or mental health information records.

Judge Scott ruled that “the acts complained of have or will result in actual and substantial injury,” referring to school staff being required to inform parents if their child is identifying as transgender under the law.

The complaint, filed May 13, said Initiative 2081 “erodes current privacy protections for young people, may interfere with or discourage trusted conversations school-based health care providers and educators have with students, prevent students from seeking assistance, and greatly frustrate a school’s ability to cover a wide range of topics in the curriculum.”

The complaint said the state constitution guarantees that students will not be discriminated against because of their sexual orientation and that the statewide public-school policies and procedures require instruction approved ahead of the 2024–2025 academic year, including curricula on historically marginalized and underrepresented groups.

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On July 12, the State of Washington asked to move proceedings to Thurston County Supreme Court in Olympia, the state capital, noting that the case was filed in King County, which includes Seattle, because some of the plaintiffs reside there. The legislation in question was developed and signed into law in Olympia. The parties are scheduled to discuss this request on July 25, according to court documents.

The office of Attorney General Bob Ferguson, who is defending the state of Washington against the litigation, said in response to an inquiry from The Epoch Times on July 15, that they do not have any case updates or statements at this time.

A May 6 letter to the attorney general’s office told Mr. Ferguson he had until May 13 to file a suit against his own state, alleging that Initiative 2081 violates Washington’s constitution.

On May 13, the attorney general’s office sent a response declining that request.

Let’s Go Washington, a nonprofit organization that identifies itself as nonpartisan and gets involved in transparency and taxation issues, is supporting the plaintiffs in this case. Founder Brian Heywood said Initiative 2081 was started by hundreds of thousands of Washington State taxpayers and enjoyed strong bipartisan support before it was signed into law.

“We expect Bob Ferguson to uphold his duty within the law to protect the will of the people and shut down this frivolous attempt by the ACLU to deprive parents of their civil liberties,” Mr. Heywood wrote in an emailed response to The Epoch Times on July 15.

The ACLU touted the court’s injunction.

“We are pleased with this ruling as it will prevent parts of I-2081 from causing further harm while we seek a final decision in this case—but this is not the end,” ACLU Washington Staff Attorney Adrien Leavitt said in a news release. “We will keep fighting this case in hopes of a final judgment that shows this harmful law violates the State Constitution and should not be implemented or enforced.”

With no indication that the matter will be resolved before the approaching fall semester, the Washington Office of the Superintendent of Public Instruction (OSPIT) informed school districts that detailed guidance on what information will be restricted from parents because of this litigation will be provided before school starts. The agency advises school districts to consult an attorney with any questions.