Washington

State constitutional guarantees regarding right to education

Article IX, Section 1 PREAMBLE (Education Clause) : 

“It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.” ARTICLE IX - EDUCATION :: Washington Constitution :: Washington Law :: US Law :: Justia

Case law and legislative history defining and interpreting the right to education

• Seattle Sch. Dist. v. State, 90 Wn.2d 476, 519

  • Specifically, then, we shall refer to the Legislature's obligation as one to provide "basic education" through a basic program of education as distinguished from total "education" or all other "educational" programs, subjects, or services which might be offered. Seattle Sch. Dist. v. State, 90 Wn.2d 476, 519

• McCleary v. State, 173 Wn.2d 477

  • ¶170 Article IX, section 1 of the Washington State Constitution makes it the paramount duty of the State to amply provide for the education of all children within its borders. This duty requires the State to provide an opportunity for every child to gain the knowledge and skills outlined in Seattle School District, ESHB 1209, and the EALRs. HN24 The legislature must develop a basic education program geared toward delivering the constitutionally required education,  [*547]  and it must fully fund that program through regular and dependable tax sources.

  • ¶171 The State has failed to meet its duty under article IX, section 1 by consistently providing school districts with a level of resources that falls short of the actual costs of the basic education program. McCleary v. State, 173 Wn.2d 477, 546-547

  • WEA - Strengthening Washington's public schools

• Statutory Definitions of Basic Education 

  • The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:

  • (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;

  • (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.005 and for juveniles in detention facilities as identified by RCW 28A.190.010;

  • (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities;

  • (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180; and

  • (e) Statewide salary allocations necessary to hire and retain qualified staff for the state’s statutory program of basic education. Rev. Code Wash. (ARCW) § 28A.150.200

• Statutory Education Due Process Rights 

  • Washington has certain process rights that create certain due process rights for education rights. 

    • 28A.600.015. Expulsions and suspensions — Rules incorporating due process — Short-term and long-term suspensions — Emergency removals — Discretionary discipline. Rev. Code Wash. (ARCW) § 28A.600.015

    • 28A.600.020. Exclusion of student from classroom — Written disciplinary procedures — Long-term suspension or expulsion. Rev. Code Wash. (ARCW) § 28A.600.020

  • Student Discipline Process and Procedure

    • Process and procedures for students facing suspension, expulsions or emergency removals. Washington Administrative Code 392-400 WAC Student Discipline. Chapter 392-400 WAC:

State constitutional protections regarding non-discrimination and equity

WASHINGTON CONSTITUTION, ARTICLE I – DECLARATION OF RIGHTS

SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED.

“No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” ARTICLE I - DECLARATION OF RIGHTS :: Washington Constitution :: Washington Law :: US Law :: Justia

WASHINGTON CONSTITUTION, ARTICLE XXXI - SEX EQUALITY - RIGHTS AND RESPONSIBILITIES

SECTION 1 EQUALITY NOT DENIED BECAUSE OF SEX.Equality of rights and responsibility under the law shall not be denied or abridged on account of sex.

SECTION 2 ENFORCEMENT POWER OF LEGISLATURE.The legislature shall have the power to enforce, by appropriate legislation, the provisions of this article. [AMENDMENT 61, 1972 House Joint Resolution No. 61, p 526. Approved November, 1972.]

Case Law

Darrin v. Gould, 85 Wn.2d 859, 860

The court specifically noted that Wash. Const. art. 31, § 1, Washington's Equal Rights Amendment, provided that equality of rights was not to be denied or abridged on account of sex. Darrin v. Gould, 85 Wn.2d 859, 860

Other relevant state constitutional civil rights protections

• Washington Constitution, Article I, Sections 5 and 11 – RCW 28A.600.025 - Students' rights of religious expression—Duty of superintendent of public instruction to inform school districts.

  • (1) The First Amendment to the United States Constitution, and Article I, sections 5 and 11 of the Washington state Constitution guarantee that students retain their rights of free speech and free exercise of religion, notwithstanding the student's enrollment and attendance in a common school. T hese rights include, but are not limited to, the right of an individual student to freely express and incorporate the student's religious beliefs and opinions where relevant or appropriate in any and all class work, homework, evaluations or tests. School personnel may not grade the class work, homework, evaluation, or test on the religious expression but may grade the student's performance on scholastic content such as spelling, sentence structure, and grammar, and the degree to which the student's performance reflects the instruction and objectives established by the school personnel. School personnel may not subject an individual student who expresses religious beliefs or opinions in accordance with this section to any form of retribution or negative consequence and may not penalize the student's standing, evaluations, or privileges. An employee of the school district may not censure a student's expression of religious beliefs or opinions, when relevant or appropriate, in any class work, homework, evaluations or tests, extracurricular activities, or other activities under the sponsorship or auspices of the school district.

• Washington Constitution, Article I, Sections 5 – Freedom of Speech – Student expression – High School and Higher Education

  • RCW 28B.10.037: Student expression in school-sponsored media.

    • Freedom of speech and of the press in school-sponsored media. Limited to higher education. 

  • RCW 28A.600.027: Student expression in school-sponsored media. 

Protections for student press in high school media. A Guide to Washington's New Voices Act - Student Press Law Center

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)

• WAC 392-190-005. Purpose-Elimination of unlawful discrimination in public schools.

The purpose of this chapter is to establish rules to implement chapters 28A.640 and 28A.642 RCW. Chapters 28A.640 and 28A.642 RCW prohibit discrimination on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability in Washington public schools, including public charter schools. Broad federal regulations implementing Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and Titles VI and VII of the Civil Rights Act of 1964 similarly prohibit discrimination based on sex, race, creed, religion, color, national origin, and disability in federally assisted education programs or activities. As a result, several substantive areas have been similarly identified and addressed by both state and federal enactments. WAC § 392-190-005

• Rev. Code Wash. (ARCW) § 28A.642 DISCRIMINATION PROHIBITION

RCW 28A.642 prohibits discrimination in the public schools on the basis of race, color, national origin, among other categories. RCW 28A.642.040 sets private right of action. Chapter 28A.642 RCW: DISCRIMINATION PROHIBITION

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

• Rev. Code Wash. (ARCW) § 28A.642.010 General Discrimination prohibition (Broad)

Prohibition on discrimination in Washington public schools on the basis of race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited.

• Rev Code Wash. (ARCW) § 28A.600.500 Right to Tribal Regalia Act : Affirms the inherent rights assured through tribal sovereignty and expressly provides that school districts must allow American Indian and Alaska Native K–12 and higher education students who are members of federally recognized tribes to wear traditional tribal regalia and objects of cultural significance at graduation ceremonies and related events. In addition, school districts and higher education institutions are required, when necessary, to update relevant policies or procedures in accordance with this law.

• Rev Code Wash. (ARCW) § 28A.320.170 Curricula Tribal history and culture; Tribal History in Social Studies Curriculum, Requirements in Washington's Basic Education Act As districts review and revise social studies and history curricula, there are two new requirements passed by the 2015 Washington state Legislature.(1) Integrate Since Time Immemorial: Tribal Sovereignty in Washington State into current and newly-adopted social studies or history curricula. (2) Collaborate with federally recognized Indian tribes within or neighboring district boundaries.

Bulletin & State Law

OSPI Bulletin 006-16: Implementing Senate Bill 5433 (2015) Requirements for Teaching Tribal History, Culture, and Government

RCW 28A.320.170 Curricula Tribal history and culture 

Senate Bill 5433 (2015) as passed by the Legislature

• Rev. Code Wash. (ARCW) § 28A.640 Sexual Equality

Addresses protections against sex discrimination, sexual orientation, gender identity and gender expression. Chapter 28A.640 RCW: SEXUAL EQUALITY

• HB 1296 Promoting a Safe and Supportive Public Education System – Signed into law May 20, 2025 (effective 5/20/25)

  • Bolsters Parental Rights 

    • Parent or legal guardian involvement in their child’s education is paramount and strongly associated with better outcomes—such as improved attendance, higher grades, and increased graduation rates. This bill clarifies, strengthens, and codifies parental rights, including but not limited to: 

    • The right to observe student classrooms and school activities, and review curriculum and instructional materials 

    • Access to their child’s education records within 45 days 

    • Immediate notification if their child is involved in criminal activity, a school shooting, or abuse allegations involving school staff 

  • Access to Education and a Safe Learning Environment Guaranteed for all Students 

  • Every student enrolled in Washington’s public school system is guaranteed basic rights that safeguard access to education, which is outlined in the bill. Here are a few examples of existing right of Washington’s students including: 

    • Access to inclusive, accurate curriculum and educational services that result in a meaningful diploma for all students, including those with disabilities, students who are deaf and blind, and youth in juvenile detention or correctional facilities. 

    • The right to a learning environment free from discrimination, harassment, intimidation, and bullying for all students, including those from any protected class or marginalized group. 

    • Instructional materials that include historically and scientifically accurate information, including the histories and perspectives of historically marginalized and underrepresented groups. 

  • Addressing School District Noncompliance 

    • HB 1296 gives parents and students the ability to hold school districts accountable by creating a new process through which the Office of Superintendent of Public Instruction (OSPI) can investigate and then take action against school districts found to be intentionally violating state law. School districts are given multiple opportunities to comply with state law. Sen. Claire Wilson (D-Auburn) worked closely with Stonier to craft and pass HB 1296. 

    • New Law Strengthens Student Rights and Parental Involvement in Public Schools – Monica Stonier

• Racial Discrimination on the Basis of Hair

  • "Race" is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, "protective hairstyles" includes, but is not limited to, such hairstyles as afros, braids, locks, and twists. RCW 49.60.040: Definitions.

• Citizen or Immigration Status

  • Discrimination against inhabitants of because of citizenship or immigrant status is against the law. RCW 49.60.010: Definitions

  • However, it is NOT an unfair practice to discriminate on the basis of citizenship or immigration status to the extent that distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, or government contract. RCW 49.60.020: Construction of chapter—Election of other remedies.

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

• There are no Washington law equivalents to federal color of law laws. 

Anti-discrimination protections under state human rights statutes

• Rev. Code Wash. (ARCW) § 49.60.030 – Freedom from discrimination – Declaration of civil rights – Washing Law Against Discrimination (“WLAD”)

  • Protects individuals against discrimination based on: race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right.. This right shall include, but not be limited to: 

    • (a) The right to obtain and hold employment without discrimination; 

    • (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; 

    • (c) The right to engage in real estate transactions without discrimination, including discrimination against families with children; 

    • (d) The right to engage in credit transactions without discrimination; 

    • (e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; 

    • (f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin, citizenship or immigration status, or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices; and 

    • (g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.  

    • RCW 49.60.030: Freedom from discrimination—Declaration of civil rights.

• Washington State Human Rights Commission (WSHRC) enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination. Discrimination Dispute Resolution Information Sheet_English / Employment | WSHRC

• W.H. et al. v. Olympia Sch. Dist., No. 97630-9 (Jun. 18, 2020).

  • In deciding two certified questions from the Western District of Washington regarding the meaning of the WLAD, chapter 49.60 RCW, the Washington Supreme Court unanimously held in W.H. et al. v. Olympia Sch. Dist., No. 97630-9 (Jun. 18, 2020) that: (1) a school district may be subject to strict liability for discrimination in places of public accommodation by its employees in violation of the WLAD, and (2) under the WLAD, discrimination can encompass intentional sexual misconduct, including physical abuse and assault. Washington Supreme Court Holds School Districts May Be Strictly Liable for Employees’ Discrimination Under the WLAD - Soha & Lang

Private right of action provisions under state civil rights and human rights statutes

• Rev. Code Wash. (ARCW) § 49.60.030(2) provides a private cause of action. 

  • “(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” Chapter 49.60 RCW: DISCRIMINATION—HUMAN RIGHTS COMMISSION

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

• The Washington State Supreme Court “has held that the WLAD creates a cause of action for disparate impact.” Kumar v. Gate Gourmet, Inc.

• Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

• RCW 28A.642.040 Individual Right of Action is to “any person aggrieved”. This may be interpreted to include parents. There has also recently been an amendment to the statute in 2025 in S.B. 1296.

• S.B. 1296 amends law to include a parent or legal guardian who has a student enrolled in the school district to file a limited or broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in section 302(4) of the act (which are intended to ensure academic rights and protections for students in educational environment.)

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

• RCW 28A.642 does not include retaliation protections explicitly. 

• WAC § 392-190-060 – Under the Administrative code there is a directive to prohibit what generally constitutes “retaliation”. See as follows: (4) School districts and public charter schools must not adopt any policy, procedure, or practice that would limit a person's right to file a complaint under this chapter or have the effect of discouraging any person from utilizing the complaint procedure in WAC 392-190-065 through 392-190-075. School districts and public charter schools must not intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right secured by this chapter or the guidelines adopted under WAC 392-190-005 or because the individual has made a complaint or participated in an investigation under this chapter.

• See also PDF from the OSPI (Office of Superintendent of Public Instruction). Students' Rights: Discriminatory Harassment

  • This guidance requires schools to respond promptly and effectively to discriminatory harassment and requires schools to protect students and parents from retaliation by other students or school employees, because they communicated concerns about discriminatory harassment, filed a complaint, or participated in an investigation.
    

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

• WAC 392-190 (RCW 28A.642 Procedures) provides the complaint procedures. 

• WLAD (RCW 49.60) pursuant to RCW 4.16.080(2) – Washington Law Against Discrimination has a statute of limitations of three years from the date of the violation. 

  • WLAD does not contain its own limitations period. Discrimination claims must be brought within three years under the general three year statute of limitations for  [*262]  personal injury actions. RCW 4.16.080(2). Antonius v. King County, 153 Wn.2d 256, 261-262

Are there areas where the state laws provide more protections than federal law? What are those areas? 

• See above for additional information. In the Statutory Protections section. 

  • Citizenship or Immigration Status (Rev. Code Wash. (ARCW) § 49.60.010)

    • WLAD explicitly prohibits discrimination on the basis of immigration status. 

      • Discrimination against inhabitants of because of citizenship or immigrant status is against the law. RCW 49.60.010: Definitions

  • Sexual Equality including Gender Identity and Expression (Rev. Code Wash. (ARCW) § 28A.640)

    • Addresses protections against sex discrimination, sexual orientation, gender identity and gender expression. Chapter 28A.640 RCW: SEXUAL EQUALITY

  • Racial Discrimination on the Basis of Hair (Rev. Code Wash. (ARCW) § 49.60.040)

    • "Race" is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, "protective hairstyles" includes, but is not limited to, such hairstyles as afros, braids, locks, and twists. RCW 49.60.040: Definitions.

  • Use of Trained Dog Guide or Service Animal by a person with a Disability (Rev. Code Wash. (ARCW) § 28A.642.010)

…Discrimination for use of a trained dog guide or service animal by a person with a disability is prohibited. RCW 49.60.010: Purpose of chapter.