OLYMPIA — Parts of a new law outlining information Washington parents can get from public schools are on hold after a judge's ruling Friday.
Initiative 2081 was passed by state lawmakers in March and is known as the "parents' bill of rights." It lays out information a parent of a child in a Washington public school is entitled to, including instructional materials and information about medical treatment. It includes 15 total rights.
In late May, the ACLU of Washington, QLaw and Legal Voice sued the state on behalf of 10 nonprofit organizations, arguing the law ran afoul of the state's constitution.
The law took effect June 6. On Friday, King County Superior Court Judge Michael Scott paused parts of the law while the lawsuit is pending.
"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," said Adrien Leavitt, staff attorney for the ACLU of Washington. "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."
A provision concerning how and when schools must respond to records requests from parents was placed on hold, as well as a provision that allows a parent to access their student's medical and mental health records.
"[The initiative] gave parents this new right to get any medical or mental health records related to their students that appear in schools, and that contradicts the fact that Washington youth have a right to confidential health care," said Julia Marks, litigation attorney at Legal Voice.
Other provisions of the law remain, including a part that gives parents the ability to opt their children out of assignments, role-playing activities, surveys and other "student engagements" that include questions about topics such as morality, religion, sexuality and politics.
Jim Walsh, chair of the state's Republican Party, and an intervenor in the lawsuit, said he was "encouraged that the judge left the bulk of the parents' bill of rights in place."
Brian Heywood, a Redmond businessman who financed the effort to get Initiative 2081 before lawmakers, said in a statement that "activist judges think they are smarter than legislators who in turn think they are smarter than voters."
While I-2081 passed the Legislature handily with support from both majority Democrats and minority Republicans, some advocates raised concerns the measure could harm students' privacy and safety.
Initiative 2081 was one of six voter initiatives, also backed by Heywood and Walsh, that lawmakers considered this session. Legislators adopted two others, barring a state income tax and rolling back some reforms to laws concerning when police can chase suspects. The three remaining initiatives, concerning the state's capital gains tax, carbon market and long-term care payroll tax, go before voters in November.
This story uses material from Seattle Times archives.
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