Marcia Kelbon

Leader file photo

A recent series of legislative events forces the question — who is primarily responsible for your child’s well-being, you or the state? In 2024 the Washington Legislature signed Initiative 2081 into law. This “Parents’ Bill of Rights” initiative had been signed by 449,646 citizens.

As described in the accompanying ballot summary, the initiative provided parents of public-school children rights to: review instructional materials and inspect student records, including health and disciplinary records; receive notifications of medical services given and when students are taken off campus; access calendars and certain policies; and receive written notice and opportunities to opt students out of comprehensive sexual-health education. I must confess that this was the only one of the six 2024 initiatives that I did not sign because I feel basic sex education is important to minimize teen pregnancy and STD transmission. But I was pleased to see the initiative passed into law because, on balance, it provided important rights and it enjoyed broad bipartisan citizen support.

In May the State Legislature gutted this people’s initiative. It was adopted as presented last year and then promptly nullified in large part this year by HB 1296, referred to as the “Students Bill of Rights.” A stated motivation for the new law was to sync the provisions of the initiative with preexisting state law. If that were truly the motivation, rather than adopting the initiative as presented the legislature could have drafted those amendments last year and presented the modification to voters.

The new bill reversed many of the provisions of the prior initiative. The right to inspect curriculum is now provided only in accordance with a school district’s policies. Records to which parents are entitled are only “education” records — no longer is there a right for parents to access their child’s mental health counseling, medical and health care, or vocational counseling records. The education records need to be provided only within a reasonable time, rather than within a ten-day time-period. No longer are parents entitled to advance notice of non-emergency medical care. No longer are parents entitled to receive immediate notification if their child has been the victim of a crime on school property, has been detained or interrogated because of suspected criminal activity, or has been removed from school property, instead such notification coming within 72 hours. Ironically for me, the right to opt out from having your student participate in comprehensive sex ed has been retained.

HB 1296 as adopted included an emergency clause, which results in it taking effect immediately and eliminates the possibility of a referendum that would give voters a chance to weigh in on the law. It is one of approximately 169 bills introduced and 47 bills passed this year including such an emergency clause. We are no longer in a pandemic and the sheer number of legislative “emergencies” suggests some may be motivated by an attempt to limit referendum challenges to contentious new laws.

To my eye, the “Student Bill of Rights” places the state ahead of parents when it comes to ensuring that their children receive a quality education, are mentally and physically healthy, and are both safe from and uninvolved in criminal activity on school property. Many of us can probably recall instances in which children were not well supported at home or worse yet were abused by their parents at home. Those realities are truly sad and frustrating. The state should indeed step in to protect children that have been subject to abuse or neglect.

But HB 1296 is another in a series of bills that appear to be based on a default presumption of bad intent or action. A default that all police abuse civil rights, or that all landlords are mercenary profit mongers.

And now, this bill seems to me to set the default as assuming all parents are unsupportive, neglectful, or abusive. Fortunately for children and society at large most are not. Most parents bring their children into the world and spend upwards of 18 years doing their best to keep them safe and support them. I ask you to ask yourself – what if it was your child or your grandchild at issue? Surely most parents and guardians reading this would feel that the time, attention, resources, and love they have expended on their children put them in the best position to determine what is best for those children. Wouldn’t you want to know and help with any mental health struggles or medical issues they might have, and to know immediately if they have been abused or done wrong? Shouldn’t we give other parents the same benefit of the doubt until their actions may show that they are undeserving of that right?

At that point, let’s help children out. But first give parents the chance to do the right thing for their loved ones.

Marcia Kelbon is an attorney and engineer based in Quilcene. Reach her at mkelbonpolitical@gmail.com.