The Battle Over Parental Rights Continues

The Battle Over Parental Rights Continues

By Eileen Griffin-Ray, Ph.D.

On February 5^th,  Senate Bill 5181 passed the Washington state Senate. This bill makes changes to the recently passed Initiative 2081 regarding the rights of parents, Fox reports.

SB 5181, states that it is, “Amending the parents’ rights initiative to bring it into alignment with existing law.” Democrats said it was necessary to pass this new law to make sure the recently passed initiative did not conflict with existing statutes. SB 5181 passed with all Democrats in favor and all Republicans against.

Let’s Go Washington launched Initiative 2081, known as the Parents Bill of Rights, after many parents across the state expressed concern about things happening in the public schools. Parents want transparency and they want to know what their children are being taught. The parents’ bill of rights gave the authority over children back to their parents and offered a path for parents to have gain transparency into their child’s classroom experience.

Across the country parents have expressed concern about the use of critical race theory (CRT) in the classroom, the teaching of a radical sexual agenda, and the availability of sexually explicit books in school libraries, as Heartland Daily News, a publication of The Heartland Institute has reported extensively.

Under I 2081, parents in Washington have the right to review curricula, books, and instructional materials. It allows an opt-out for parents who want to remove their child from a sexual lesson or any activity where a child is questioned about his or her sexuality, or the family’s religious or moral beliefs or political affiliation.

Further, I 2081 requires schools to notify parents before any medical service is provided to their children, except in case of emergency. Parents are to be given access to health records including any mental health counseling.

Parents have the right, under I 2018, to be informed immediately if their child is the victim or the perpetrator of a criminal act. Parents are to be notified immediately if their child is taken off-campus without their pre-approval.

I 2081 was approved by the state legislature in March of 2024 and became law in June of the same year. Shortly after becoming law, the parent’s bill of rights was challenged in court.

A lawsuit was filed in King County Superior Court, Legal Counsel for Youth and Children, et. al. v. State of Washington, seeking to enjoin I-2081 before it was implemented.

Initially, portions of the initiative were placed on hold, but on January 27, 2025 Judge Michael Scott dismissed the case stating that I 2081, now RCW 28A.605.005, does not violate Washington state law.

Given the potential for confusion, OSPI provided updated guidance to school districts.

“As school districts work with their legal counsel on the implementation of I-2081, they should understand that it is likely that the Initiative will be modified to ensure all sections are in alignment with both state and federal law,” the notice reads.

“There are multiple bills proposing modifications actively moving through the legislative process, and at the same time, there is a court case with a possibility of moving to an appellate court for further consideration. In the meantime, school districts should be aware of the legal risks of disclosing students’ private information before modifications are made to ensure the state law does not contradict the privacy protections prescribed in federal law.”

Despite the popularity of I 2081, the Democrat legislators in Washington pressed ahead with a new bill, Senate Bill 5181. Major debate points about the law include issues of student privacy.

Parents supporting the initiative want to be included in decisions about their children, particularly when it involves medical care. Senate Democrats are fighting against parental access, supporting the notion that minor children have rights to privacy from their parents.

Washington State Senate Majority Leader Jamie Pedersen (D – Seattle) told Fox that parents do not have rights over their children once they turn 13 years old in an interview that has been shared on X.

“Kids over 13 have the right to make their own decisions about their mental health care,” Pedersen said. “Parents don’t have the right to have notice, they don’t have the right to have consent about that.”

According to his state biography, Pedersen earned both an undergraduate and a graduate degree from Yale University. He studied Russian and spent a year in Russia before attending law school. Pedersen is active in the LGBTQ+ community including volunteering as a lawyer with Lambda legal. Pedersen and his husband have adopted four boys. He has represented Seattle in the state legislature since 2006.

Pedersen, and other Democrats in the legislature, continue to debate the role parents have in their child’s education.

Efforts to take control away from parents and local school board members is not new in Washington state, as Heartland Daily News has reported.

In February of 2024, legislators in Olympia passed two bills mandating curriculum to be dictated by the state, rather than the school district.

House Bill 2331 gave the state power to control educational materials and to tell schools what to teach. Senate Bill 5462 mandated that all curricula include lessons about the contributions to, and the history of, LGBTQ+ people.

Sen. Jim McCune (R-Graham) spoke against the bill at the hearing in January. 

“This bill takes away local control and forces school boards—this will take away parents’ rights,” McCune said.

“This bill is a slap in the face of the 454,000 Washingtonians who signed the petition sheets allowing the parental-rights initiative to be sent to the Legislature last year,” State Legislator Mark Schoesler wrote in his district newsletter.

“At a time when parents’ trust in Washington’s public-school system is lower than ever, we should not pass a bill that weakens the parental-rights initiative,” Schoesler writes.

The discussion will continue in the House now that SB 5181 has passed in the Senate, KOMO reports.

Originally posted on onepolitician.com by Eileen Griffin-Ray, Ph.D.