Tuesday

06-03-2025 Vol 1980

Washington Lawmakers Challenge Parental Rights Amidst Court Precedent

A century ago, the U.S. Supreme Court unanimously concluded that children are not mere creations of the state in the landmark case of Pierce v. Society of Sisters.

That ruling emphasized the necessity of parental authority in directing the education and upbringing of children, a principle that appears lost on many Washington state lawmakers today.

The case arose from a challenge against Oregon’s 1922 Compulsory Education Act, with Justice James McReynolds stating that it interfered unreasonably with the rights of parents to guide their children’s education.

The Supreme Court asserted that the fundamental liberties of parents must not be overridden by the government, declaring, “The child is not the mere creature of the State.”

Fast forward to the present day, and Washington’s legislature has taken a step back from this crucial understanding by passing House Bill 1296.

Governor Bob Ferguson, who recently signed the bill into law, has faced criticism for his actions that many view as a failure in upholding parental rights.

HB 1296 is presented under the pretense of cultivating a “safe and supportive education system,” but critics argue it significantly undermines Washington’s established parental rights.

This legislation eliminates the requirement for schools to notify parents about medical services and treatments available to their children, which many see as a critical violation of parental involvement.

Additionally, it restricts parental notifications about children’s interactions with law enforcement to only those incidents occurring on school grounds during school hours.

As a result, schools may no longer be required to inform parents about serious issues like cyberbullying or cyberstalking, implying that these matters become secondary once the school day ends.

Advocates for parental rights underscore that the original Parental Bill of Rights Initiative collected over 449,000 signatures, highlighting a significant public demand for maintaining parental notification standards.

This measure previously saw overwhelming support in the state legislature, securing the approval of 132 lawmakers against just 15 dissenting votes.

Instead of reinforcing this commitment to parents, HB 1296 grants the office of the superintendent of public instruction (OSPI) the power to impose severe penalties on local school districts that attempt to maintain communication with parents regarding their children’s welfare.

Under the new law, the OSPI could withhold as much as 20% of state basic education funding from districts that seek to keep parents informed about safety issues affecting their children.

It is troubling to see Washington state lawmakers and the governor perpetuating the misconception that parents are a threat to children’s safety in schools, especially on the centennial of the Supreme Court’s decision affirming parental rights in education.

While state officials in Washington are retreating from parental engagement, 35 other states—along with Washington, D.C., and Puerto Rico—have made strides in recognizing and enhancing parental rights through various educational choice programs.

This growing national trend underscores the disconnect between the values of most Americans, who acknowledge that parents truly know and love their children best, and the prevailing attitudes among many Washington state lawmakers.

image source from:https://www.washingtonpolicy.org/publications/detail/a-century-later-washington-state-fails-parental-rights

Abigail Harper