ENGROSSED HOUSE BILL 1478
State of Washington 68th Legislature 2023 Regular Session
By Representatives Timmons, Sandlin, Santos, Ryu, Ramel, and Pollet
Read first time 01/20/23. Referred to Committee on Education.
1 AN ACT Relating to a statement of student rights that reaffirms
2 and promotes the constitutional and statutory rights of public school
3 students; adding a new section to chapter 28A.230 RCW; and creating
4 new sections.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. (1) The legislature finds that public
7 education is a cornerstone of a healthy, diverse, and productive
8 society. Public education is a transformative force that shapes the
9 history and functioning of our nation, including its civic
10 institutions, colleges and universities, and economy. Public
11 education is also instrumental in helping to chart the course of
12 progress for our nation's future.
13 (2) Article IX of the Washington Constitution requires the state
14 to make ample provision for the education of all children residing
15 within its borders. This requirement recognizes that public schools
16 are foundational to our democracy, working in partnership with
17 families and communities to shape the next generation of leaders into
18 respectful and engaged critical thinkers.
19 (3) The legislature finds that students, who rightly enjoy
20 privileges and protections under the Constitutions and laws of the
21 United States and the state of Washington, as well as the Declaration
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 1 of Independence, will benefit from a deeper awareness and knowledge
2 of those rights, including their evolution and interpretation, and
3 how they may be subject to extension or elimination through
4 executive, legislative, or judicial actions.
5 (4) Whether in matters of free speech, privacy, equal protection
6 under the law, or voting rights, the engagement of an active
7 citizenry is critical to our nation and its democratic ideals.
8 Therefore, in recognition of the role that public education can play
9 in providing students with information about their rights and about
10 how to employ their rights for the betterment of education and
11 society, the legislature intends to require each school district,
12 charter school, and state-tribal education compact school to develop
13 student-focused educational and promotional materials, for
14 communication and classroom use, that incorporate the statement of
15 student rights established in section 2 of this act.
16 NEW SECTION. Sec. 2. A new section is added to chapter 28A.230
17 RCW to read as follows:
18 (1)(a) Each school district, charter school, and state-tribal
19 education compact school shall develop student-focused educational
20 and promotional materials that incorporate the statement of student
21 rights provided by this section. A link to the materials must be made
22 available on school district, charter school, and state-tribal
23 compact school websites, social media platforms, and other
24 communication channels used by students. The materials must also be
25 incorporated into civics education curricula provided to students in
26 accordance with RCW 28A.230.094.
27 (b) The office of the superintendent of public instruction shall
28 make the statement of student rights available on its website and is
29 encouraged to include the statement in materials provided under RCW
30 28A.230.150.
31 (2) The statement of student rights is as follows:
32 (a)(i) Public school students are subject to the Declaration of
33 Independence and the United States Constitution, and its privileges
34 and protections, including:
35 (A) The free exercise of religion;
36 (B) The freedom of speech;
37 (C) The right to peaceably assemble;
38 (D) The right to petition the government for a redress of
39 grievances;
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 1 (E) The freedom from unreasonable searches and seizures;
2 (F) The right to a due process of law;
3 (G) The right to equal protection of the laws; and
4 (H) The right to life, liberty, and the pursuit of happiness.
5 (ii) Public school students are subject to numerous privileges
6 and protections derived from federal statutes, examples of which
7 include:
8 (A) The right to be free from discrimination with regard to
9 accessing education programs and activities offered by a recipient of
10 federal financial assistance;
11 (B) The right of students with disabilities to receive special
12 education and related services that address their individual needs;
13 and
14 (C) The right of students with disabilities to be free from
15 discrimination with regard to accessing education programs and
16 facilities.
17 (b)(i) Public school students are subject to the state
18 Constitution and its privileges and protections, including:
19 (A) The right of petition and peaceable assemblage;
20 (B) The freedom to speak, write, and publish on all subjects;
21 (C) The right to not be disturbed in private affairs without
22 authority of law;
23 (D) The right to absolute freedom of conscience in all matters of
24 religious sentiment, belief, and worship;
25 (E) The right to attend public schools that are funded in a
26 manner that is consistent with the state's paramount duty of making
27 ample provision for the education of all children residing within its
28 borders;
29 (F) The right to have schools that are maintained wholly or
30 partially by public funds free from sectarian control or influence;
31 (G) The right for minors to receive an education while residing
32 in a criminal justice facility;
33 (H) The right of qualified persons to utilize education
34 facilities and services established and funded for the benefit of
35 persons who are deaf, blind, or both; and
36 (I) The right of qualified persons to vote at all elections,
37 including elections for school directors, members of the legislature,
38 and the superintendent of public instruction.
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 1 (ii) Public school students are subject to numerous privileges
2 and protections derived from state statutes, examples of which
3 include:
4 (A) The right to access, without tuition, a school district's
5 kindergarten through 12th grade basic education program for students
6 of qualifying age;
7 (B) The right to a basic education that provides students with
8 opportunities to develop the knowledge and skills necessary to meet
9 state-established graduation requirements, which are intended to
10 provide students with the opportunity to graduate with a meaningful
11 diploma that prepares them for postsecondary education, gainful
12 employment, and citizenship; and
13 (C) Due process rights related to disciplinary measures and
14 education access.
15 (3) The rights identified in this section are not intended to be
16 a comprehensive delineation of student rights or the manner in which
17 they are derived, nor is this section intended to have any
18 application to rights established in other titles or in other
19 provisions of state and federal law.
20 NEW SECTION. Sec. 3. This act may be known and cited as the
21 statement of student rights act.
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