Education Policy: Values, Rights, and the Law

Purpose of This Page

Washington State has become a focal point in national debates about education, values, and parental rights. Topics like sex education content, transgender student policies, LGBTQ+ curriculum requirements, and religious freedom in education generate strong feelings across the political spectrum.

This page provides factual information about what Washington State law actually requires, where different types of schools have freedom, and where constitutional protections apply. Our goal is to help community members understand the legal landscape without dismissing anyone's deeply-held values or concerns.

Current Washington State Law for PUBLIC SCHOOLS

Public schools (including charter schools) are subject to extensive state requirements. Here's what the law currently mandates:

📚 Comprehensive Sex Education (Senate Bill 5395)

Requirements (effective 2022-23 school year):

• Mandatory for ALL public schools (no longer optional)
• All grade levels: K-3 (once), grades 4-5 (once), grades 6-8 (twice), grades 9-12 (twice)
• Must be "inclusive of all students" regardless of sexual orientation or gender identity
• Must be medically and scientifically accurate
• Must include affirmative consent (clear and voluntary permission)
• Must include bystander training (how to intervene in harassment situations)
• Abstinence cannot be taught to exclusion of contraception and disease prevention

What "inclusive" means in practice:

• Curriculum must acknowledge that some students have LGBTQ+ identities
• Cannot present heterosexuality as superior to other sexual orientations
• Must use language that doesn't assume all students are cisgender or heterosexual
• Content must be relevant to LGBTQ+ students, not just cisgender heterosexual students

Parental Rights:

• Parents CAN opt their children out with written notification
• Parents have the right to review curriculum materials
• Districts must notify parents of planned instruction

🚻 Transgender Student Policies (Required by January 2020)

All public school districts must:

• Allow bathroom access corresponding to student's gender identity
• Allow locker room access corresponding to student's gender identity
• Use student's chosen name and pronouns
• Update school records to reflect gender identity (except certain official documents)
• Allow sports participation consistent with gender identity (WIAA policy)
• Protect student privacy - staff cannot disclose transgender status without permission
• Provide gender-neutral facilities for students seeking additional privacy (optional for any student)

🏳️‍🌈 LGBTQ+ Curriculum Requirements (Enacted 2024)

All public schools must:

• Include LGBTQ+ history and contributions in curriculum and materials
• Document "histories, contributions, and perspectives of historically marginalized groups" including LGBTQ+ people
• This applies to social studies, history, and other relevant subjects
• Makes Washington the 7th state to explicitly mandate LGBTQ+ representation in curricula

⚖️ Civil Rights Protections

Under Washington Law Against Discrimination:

• Gender identity and gender expression are protected classes
• Schools cannot discriminate based on these protected classes
• Bullying or harassment based on gender identity is discriminatory harassment
• Schools must investigate and respond to complaints

What About PRIVATE SCHOOLS?

This is where the picture changes dramatically. Private schools in Washington State have significantly more freedom than public schools on these issues.

What Private Schools Are NOT Required To Do:

• Sex Education: NOT required to teach it at all
• LGBTQ+ Inclusive Curriculum: NOT required to include LGBTQ+ content or perspectives
• Transgender Policies: NOT required to follow public school bathroom/sports policies
• Gender Identity Policies: Can set their own policies on names, pronouns, facilities
• State Testing: NOT required (optional)
• Specific Curriculum Standards: Have flexibility in how they teach required subjects

What Private Schools ARE Required To Do:

• Teach required subjects: occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, art appreciation, music appreciation
• Meet minimum instructional hours: 1,000 hours or 180 days per year
• Employ mostly certified teachers (with some exceptions)
• Meet health and safety standards: fire safety, building codes, immunizations
• Annual approval by State Board of Education
• Cannot discriminate based on race
• Must have physical facility in Washington

What About CHARTER SCHOOLS?

Charter schools are a critical case because some people mistakenly think they're like private schools. They are not.

Charter Schools Are PUBLIC SCHOOLS

This means charter schools MUST:

• Follow ALL public school sex education requirements
• Follow ALL transgender student policies
• Follow ALL LGBTQ+ curriculum requirements
• Follow ALL civil rights laws
• Be nonsectarian and nonreligious in ALL practices
• Accept all students (cannot exclude based on religion, gender identity, etc.)

The Spanish-Only School Question: A Framework

Let's use a hypothetical to understand where private schools have freedom and where they don't:

The Answer: No, But...

Why NO:

• Washington law requires private schools to teach "language" as a required subject
• This has been consistently interpreted to mean English language instruction
• Students must be prepared to "meet usual state graduation requirements"
• Graduation requirements include English proficiency
• Private schools must demonstrate students are receiving "sufficient basic education"

Why "BUT...":

• You COULD teach primarily in Spanish as long as English is included as a required subject
• This is how dual-language and bilingual schools work
• You could have Spanish-language instruction for most subjects with English as one subject area
• You could create a Spanish immersion program that includes English instruction
• You could teach American history from a Mexican-American perspective (curriculum freedom)
• You could celebrate Mexican culture, holidays, and heritage

What This Teaches Us

This hypothetical illustrates an important principle: Private schools have curriculum freedom within the framework of teaching required subjects.

• The STATE sets minimum content requirements (what subjects must be covered)
• The SCHOOL decides HOW to teach those subjects and from what perspective
• The SCHOOL can add religious, cultural, or other content beyond minimum requirements
• The SCHOOL cannot completely exclude required subjects

Applying This to Sex Education

Just as a Spanish-language school must teach English (required subject), one might ask: Must private schools teach comprehensive sex education?

Answer: NO.

• "Health" is a required subject, but sex education is NOT a required component of health for private schools
• Private schools can teach health without comprehensive sex education
• Private schools can teach abstinence-only if they choose
• Private schools can teach from religious perspectives on sexuality
• Private schools can exclude LGBTQ+ content entirely

This is a critical distinction: The state requires "health" as a subject but does NOT mandate comprehensive sex education for private schools the way it does for public schools.

Religious Freedom and Constitutional Rights

Can Muslims, Hindus, Buddhists Start Private Schools?

Answer: Absolutely Yes.

The First Amendment protects religious freedom for ALL religions, not just Christianity. If Christians can start private religious schools, then so can adherents of any other faith.

• Muslim schools can teach Islam, require hijab, teach Arabic, pray 5 times daily
• Jewish schools can teach Torah, observe Sabbath, teach Hebrew, follow kosher rules
• Hindu schools can teach Vedic philosophy, Sanskrit, yoga as spiritual practice
• Buddhist schools can teach Buddhist philosophy and meditation practices
• Christian schools can teach the Bible, pray, teach from Christian worldview

All private religious schools in Washington have the same rights and the same requirements. The state cannot favor one religion over another.

What All Religious Private Schools Share

• Same approval process (annual approval by State Board of Education)
• Same basic requirements (required subjects, hours, certified teachers, health/safety)
• Same freedoms (curriculum perspective, religious content, student selection)
• Same exemptions (sex ed, LGBTQ+ curriculum, transgender policies)
• Same limitations (cannot discriminate on race, must have physical facility in WA)

Why This Matters for Conservative Christians

Some Christian families express concern about Muslim or other non-Christian schools. However, the constitutional principle that protects Christian schools from government interference is the same principle that protects schools of all faiths.

Understanding the Tensions

These issues create real conflicts between deeply-held values. Rather than pretend these tensions don't exist, let's acknowledge them honestly.

Perspective 1: Progressive Values

Perspective 2: Conservative/Religious Values

The Real Conflict

These perspectives are not easily reconciled. They represent fundamentally different understandings of:

• What gender is (biological fact vs. internal identity)
• Whose rights take priority (LGBTQ+ students vs. students with religious/safety concerns)
• The role of schools (full inclusion vs. respecting family values)
• The role of parents (primary vs. shared with state)
• The nature of truth (multiple valid perspectives vs. objective moral truth)

Options for Families

Given this legal landscape, what options do families have who disagree with these policies?

Option 1: Remain in Public School

Advantages:

• Free (no tuition)
• Convenient (neighborhood schools)
• Parents can opt out of sex education
• Can advocate for change through school board elections
• Expose children to diverse perspectives

Limitations:

• Cannot opt out of transgender policies or LGBTQ+ curriculum
• School culture may conflict with family values
• Children may face pressure to conform to progressive norms
• Limited ability to control what children are exposed to

Option 2: Private School

Advantages:

• Can choose school aligned with family values
• Exempt from sex ed, LGBTQ+ curriculum, transgender policies
• Can teach from religious perspective
• Can set own policies on bathrooms, sports, pronouns
• Smaller class sizes (typically)

Limitations:

• Tuition costs ($5,000-$30,000+ per year)
• May not be available locally (limited options in rural areas)
• Transportation challenges
• Limited resources compared to public schools
• Must still meet state minimum standards

Option 3: Homeschooling

Advantages:

• Maximum parental control over curriculum and values
• Can completely avoid objectionable content
• Flexible schedule and pace
• Strong family bonding
• Lower cost than private school

Limitations:

• Requires parent to be home (income sacrifice)
• Limited socialization opportunities
• Parent must be teacher
• Must meet state homeschool requirements
• No access to public school sports/activities (in most cases)

Option 4: Charter School

Reality Check: Charter schools do NOT offer relief from these policies.

• Must follow all the same requirements as traditional public schools
• Only 16-18 charter schools exist in Washington (capped at 40)
• Application window for new charters is CLOSED
• Cannot be religious
• Must be tuition-free and accept all students

Political and Legal Remedies

Families who oppose current Washington policies have several avenues for seeking change:

State-Level Action

• Vote in state elections for legislators who share your values
• Contact state legislators to oppose or modify these laws
• Support initiative campaigns to change laws through ballot measures
• Organize with like-minded groups for collective advocacy
• Run for State Legislature yourself or support candidates

Local-Level Action

• Elect school board members who share your concerns
• Attend school board meetings and speak during public comment
• Request curriculum reviews to see what's being taught
• Organize parent groups for mutual support and advocacy
• Build relationships with teachers and administrators

Federal-Level Hope?

The Trump administration (2025) has challenged some of these policies and threatened to withhold federal funding from Washington. However:

• Federal government has limited authority over state education policies
• Washington State has vowed to maintain its policies regardless
• Legal challenges are ongoing and outcomes uncertain
• Federal funding represents only 10-15% of education budgets
• This could change with different federal administrations

Legal Challenges

Some groups are pursuing legal challenges to these policies based on:

• Parental rights under the Constitution
• Religious freedom protections
• Title IX interpretations (sex vs. gender identity)
• Privacy rights of female students
• Free speech rights of students and teachers

These legal challenges face significant obstacles in Washington State courts, which tend to be progressive.

Summary: Know Your Rights and Options

If You're in a PUBLIC SCHOOL (including charter):

• Your school MUST follow all state policies on sex ed, transgender rights, LGBTQ+ curriculum
• You CAN opt your child out of sex education
• You CANNOT opt out of transgender bathroom policies or LGBTQ+ history inclusion
• You CAN advocate for policy changes through school board and state legislature
• You CAN transfer to a different public school if available

If You Choose a PRIVATE SCHOOL:

• The school CAN teach from religious or traditional values perspective
• The school is NOT required to follow public school sex ed or transgender policies
• The school MUST still teach required subjects and meet basic standards
• The school CAN set its own policies on bathrooms, sports, pronouns, dress codes
• You WILL pay tuition (significant cost)

If You Choose HOMESCHOOLING:

• You HAVE maximum control over curriculum and values
• You MUST meet state homeschool requirements (180 days, required subjects, annual testing)
• You MUST file declaration of intent with school district
• You TAKE ON full responsibility for education

Constitutional Protections

• Religious freedom protects all faiths equally (Christian, Muslim, Jewish, Hindu, etc.)
• Private schools can teach from religious perspectives
• Parental rights to direct children's upbringing are constitutionally protected
• Free speech allows you to express disagreement with these policies
• Opt-out rights for sex education are protected

Final Thoughts

These are difficult issues that touch on people's deepest values about family, sexuality, gender, parental authority, and religious faith. Reasonable people of good will disagree strongly.

What we can agree on:

• Parents love their children and want what's best for them
• Teachers are trying to create safe, welcoming environments
• Young people deserve to be treated with dignity and respect
• Education is important for all children's futures
• Communities function best when we can disagree respectfully

Moving forward:

• Understand the law as it currently exists
• Make informed choices for your family
• Engage politically if you want change
• Treat those who disagree with basic respect
• Recognize that not all conflicts can be resolved to everyone's satisfaction