Know Your Rights
Does Washington have a "bill of rights" for public school students and their parents?
What are some areas where parent and student rights are protected?
What are the major laws that guarantee these rights?
Where can I find more information?
Does Washington have a "bill of rights" for public school students and their parents?
No. In Washington state, education-related rights are contained in federal, state and local laws and policies. If you are having a problem with your school, it is helpful to understand which law or policy applies to your situation. If someone has clearly violated a law or policy, you might have a formal channel to correct the situation. If a law or policy has not been broken, you will need to use tact and diplomacy to resolve the conflict on behalf of your student.
What are some areas where parent and student rights are protected?
Enrollment in school
Attendance and truancy
Discipline
Discrimination and bullying
Programs for English language learners
Access to information
Making a complaint
Enrollment in School
- The Washington Constitution provides all children with the right to a free public education through 12th grade.
- Schools cannot remove students without providing the family an opportunity to object.
- Students have the right to enroll in the school district where they live, in a prompt manner, even if they are homeless or in foster care.
- Students can request enrollment in a district other than the district where they live. Both the resident district and the non-resident district must agree to the arrangement. However, students may appeal if either district denies the request. See RCW 28A.225.220 for more information.
- First-time enrollment requires a birth certificate and proof of immunization. Families may receive an exception to the immunization requirement based on their religious or personal beliefs.
- Schools cannot require proof of citizenship or immigration status to enroll.
- For more information, see:
Learning by Choice – Information on enrollment in Washington's schools from the Superintendent of Public Instruction
The 100 most Frequently Asked Questions on the Education Rights of Children and Youth in Homeless Situations
National Center on Homelessness and Poverty’s Educating Homeless Children and Youth: The 2005 Guide to Their Rights
Attendance and Truancy
- A state law, the “Becca Bill,” requires children from ages 8 to 17 to attend a public school, private school or a district-approved home school program. Children who are 6- or 7-years-old are not required to be enrolled in school. However, if parents enroll their 6- or 7-year-old, the student must attend full-time.
- Youth who are 16 or older may be excused from attending public school if they meet certain requirements.
- Each school district determines what constitutes excused and unexcused absences.
- Parents have a right to be informed when their student misses school without an excuse.
- After a student has two unexcused absences in any month, the school must set up a meeting with parents to develop a plan to help the student get to school. After talking with the family and student, the school is supposed to take steps to reduce or eliminate the absences.
- If a student has seven unexcused absences in a month or 10 in a school year, the school can file a truancy petition in juvenile court against the student, the parent or both.
- If the school files a truancy petition, students and parents have the right to a hearing in juvenile court.
- If a student does not follow the requirements of a truancy court order, the student can be in contempt of court and ordered to serve time in juvenile detention. Parents can be fined.
- For more information, see:
ACLU’s Parent’s Guide to Truancy in Washington
Columbia Legal Service’s Truancies and School Attendance
Discipline
- Schools should provide students and families with a copy of the school rules so that they know what behavior is expected.
- If a student misbehaves at school, teachers and administrators can use a variety of methods to correct the inappropriate behavior. However, corporal (physical) punishment is against the law in Washington state public schools.
- If a student is disciplined at school, parents and the student have a right to know what the student is accused of doing wrong, which rules allegedly were broken and what the consequences will be.
- Schools must notify parents or guardians when a student is expelled or suspended for more than one school day. Parents must be notified in their primary language.
- Students and parents have the right to challenge a school’s consequence but must do it quickly, usually within three days.
- For more information, see:
ACLU’s Parent’s Guide to Public School Discipline in Washington
TeamChild’s Students and Parents! Know Your Rights in Disciplinary Proceedings
Discrimination and Bullying
- Discrimination happens when that person is treated differently than others because of the person’s race, color, creed, national origin, sex, religion, disability, use of a trained guide dog or service animal by a person with a disability, or sexual orientation/gender identity. Students and families have the right to be free from discrimination and harassment in public schools.
- Schools are required to have policies and procedures that address bullying and harassment of students.
Programs for English Language Learners
- When a family speaks a language other than English at home, the school should test the student’s English abilities within the student’s first 10 days in school to facilitate appropriate placement in a school program for English language learners.
- Students who need help with written or spoken English have a right to be taught in a transitional bilingual education program. The purpose of bilingual programs is to teach students English and to make sure they do not fall behind in other subjects (such as history and math) while learning the language.
- Parents have a right not to enroll students in bilingual education programs.
- For more information, see:
Columbia Legal Service’s School Rights of Immigrant and Refugee Children and their Parents in Washington State
Access to Information
- Parents have a right to review their student’s education records. Use this form to request records.
- Schools cannot release a student’s education records to people outside of the school system without written permission from the parent or guardian.
- The Washington Public Records Act requires schools, districts and school boards to provide public access to their records.
- The Washington Open Public Meetings Act requires state and local school boards to conduct official business in meetings that are open to the public and announced in advance.
Making a Complaint
- If a school or district official is not following a law or policy, a family or student can make a formal complaint to the school district office. Most districts have a formal system to receive complaints, which usually must be in writing. Ask your school or district central office for a description of the complaint process and any forms that are required.
- Parents or students who believe they were harassed or discriminated against have a right to file a complaint with the Washington State Human Rights Commission or the U.S. Department of Education Office for Civil Rights.
What are the major laws that guarantee these rights?
- Federal education laws that apply nationwide include the No Child Left Behind Act and the Individuals with Disabilities Education Act.
- On the state level, your rights are contained in Title 28A of the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC).
- Educational policies are created by individual schools and by school district officials.
- Use this form to request a copy of policies from your school district.
Where can I find more information?
- TeamChild’s Make a Difference in a Child’s Life, Education Advocacy Manual
- ACLU’s Know Your Rights, A Guide for Public School Students in Washington
- Washington Law Help’s Youth Law and Education Section provides legal information that is easy-to-read and navigate on the web
- Some legal service providers are available to speak with you over the phone
If you have questions, call the Office of the Education Ombudsman, toll-free at 866-297-2597.