Following a U.S. Supreme Court ruling this week, Washington House Republicans are seeking answers from the state’s top public schools official on policies related to gender identity and parental rights.
On Monday, the high court sided against California in a case involving the state’s ban on public schools disclosing students’ gender identity information to their parents.
SCOTUS ruling
The court said parents challenging the policy will likely succeed in proving that it violates their right to “direct the upbringing and education of their children.”
The Supreme Court reinstated a lower court ruling blocking the state from enforcing its ban. The underlying litigation is still before the 9th U.S. Circuit Court of Appeals.
In a March 4 letter to Superintendent of Public Instruction Chris Reykdal, House GOP lawmakers argue that there is “no meaningful difference” between California’s challenged policy and Washington’s.
The lawmakers request an explanation of the agency’s policies by March 9, a few days before the Legislative session ends.
Reykdal’s office asserts that Washington’s guidelines are different from California’s and that school districts should continue to follow them.
What we know
In 2019, the Legislature passed Senate Bill 5689 aimed at preventing harassment and discrimination toward transgender students.
Among other measures, it directed schools to comply with a model transgender student policy in accordance with OSPI’s rules.
The policy encourages a designated school employee to ask transgender students how they would like to be addressed in class, in correspondence with their family and in conferences with their parent or guardian.
“Because it is not always clear what degree of support a transgender student may have at home,” schools are encouraged to ask the student which “name, pronouns and gender marker should be used when communicating with their family,” according to the state’s recommended school training material..
Potential violation of two federal acts
Additionally, in a 2024 press release, the Office of Superintendent of Public Instruction pointed to federal law, including the Federal Education Rights and Privacy Act and the Health Insurance Portability and Accountability Act, as not requiring or compelling public school staff to disclose such information to parents.
In fact, disclosing a student’s transgender status, legal name or gender assigned at birth without their permission may constitute a violation of those laws, according to the model policy.
A 1997 state law, though, requires schools to disclose student records to parents upon request, even when those records contain gender-identifying information, pointed out Katy Payne, chief communications officer for the agency.
Payne said the office is “closely reviewing the guidance and resources” for school districts “to ensure their consistency with the Supreme Court’s decision.”
The agency will release a “high-level summary of what we know” for the Legislature on Monday.
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