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School board authority in Washington
| Education Policy | |
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| Education policy topics | |
| • Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
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Washington state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Washington law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 24 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Washington law on school boards' authority over district policy. This section features the statutes in Washington law that establish, enable, or define local school district boards.
- Constraints on Washington school boards' authority. This section provides an overview of constraints on the school boards' authority in Washington. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- How does Washington compare to other states?
- Parents' bill of rights
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Washington.
School board authority over district policy in Washington
Enabling or authorizing statute for the boards of school districts in Washington
- See also: Enabling statute
Washington Statute Wash. Rev. Code § 28A.320.040 creates school district boards and gives them authority to operate according to state law:[1]
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Washington school boards' powers and duties
Washington public school boards of directors are given broad authority to administer the public schools in Washington. The list of powers and duties school district boards are charged with appears in Wash. Rev. Code § 28A.320.015 and are as follows:[3]
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Constraints on Washington school boards' authority
This section tracks constraints on school boards specific to Washington as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Washington school boards' authority by topic
This section features constraints on Washington school boards' authority on policies related to the following topics:
Curriculum requirements
Washington requires the following specific topics to be included in each district's curriculum:[4]
- LGBTQ+ history
- reading comprehension, writing, communication,
- mathematics,
- social sciences, physical sciences, life sciences,
- civics, history (including diverse cultures and representative government), geography,
- arts, health, fitness,
- personal finance,
- analytical, logical, and creative thinking,
- technology,
- literacy, reading, handwriting, orthography,
- written and mental arithmetic,
- U.S. history,
- English grammar,
- physiology, hygiene (focused on alcohol and drug abuse effects),
- environmental science,
- career and technical education,
- physical education (grades 1-8 and 9-12),
- AIDS education,
- high school civics (covering government structures, citizen responsibilities, electoral processes, and the naturalization test), the U.S. and Washington State constitutions,
- cardiopulmonary resuscitation,
- computer science.
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements. However, Washington HB2331 prohibits school boards from restricting curriculum related to any individual or group who is part of a protected class.[5]
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Book bans, removals, and restrictions
Washington school boards have the authority to remove books from school libraries.[7] However, Washington House Bill (HB) 2331, enacted June 6, 2024, prohibits school boards from "refuse to approve, or prohibit the use of, any textbook, instructional material, supplemental instructional material, or other curriculum for student instruction on the basis that it relates to or includes the study of the role and contributions of any individual or group who is part of a protected class," according to the text of the bill.[8]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[9][10][11]
Parental notification
Washington requires parental notification in the following circumstances:[13]
- restraint or isolation
- disruptive behavior
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[14]
Discipline
Washington is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Wash. Rev. Code § 28A.320.211 is as follows:[15]
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School board elections
- See also: Rules governing school board election dates and timing in Washington, How does Washington compare to other states on school board authority over election timing?
Washington is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Washington.
Public school choice and open enrollment
- See also: School choice in Washington
Washington state law on open enrollment governs both intradistrict and interdistrict student transfers. It requires school districts to establish policies allowing intradistrict enrollment and encourages voluntary interdistrict transfers under certain conditions, such as educational needs, safety concerns, accessibility, or enrollment in online programs:[17]
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Charter schools
- See also: Charter schools in Washington, How does Washington compare to other states on school board authority over charter schools?
Washington is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
According to Wash. Rev. Code § 28A.710.080, a district board of directors may authorize a charter school only after receiving approval from the state board of education:[18]
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Cellphone bans
Washington is one of four states with laws or policies encouraging school boards to pass policies limiting cellphone use for their districts. The Washington Superintendent of Public Instruction issued guidance in August 2024 encouraging school districts to limit cellphone use in K-12 classrooms.[19]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[20][21]
Washington school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, though school boards in Washington have may have authority to create sick leave, the collective bargaining agreement between the Tacoma Association Of Educational Office Professionals and Tacoma Association of Public Schools Professional & Technical Employees requires the district to engage teachers for feedback before implementing new curriculum:[22]
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Parents' bill of rights
Washington is one of 26 states that has a Parents' Bill of Rights.
The statute includes provisions giving parents the right, among others, to
- review textbooks, curriculum, and supplemental materials used in their child's classroom;
- inspect and receive a copy of their child's records within 45 days of a written request; and
- opt-out students from certain surveys, assignments, and instructional topics.
Washington House Bill 1296, signed by Governor Bob Ferguson (D) on May 20, 2025, amended the Washington Parents' Bill of Rights. The text of Washington Statutes 28A.605.005 is as follows:[23]
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Parental rights. (1) The legislature finds that: (2) Parents and legal guardians of children enrolled in public schools as defined in RCW 28A.150.010 have the following rights: (a) To access their child's classroom and school-sponsored activities to observe in accordance with RCW 28A.605.020 and to examine the curriculum, textbooks, instructional materials, and supplemental instructional materials used in their child's classroom in accordance with policies and procedures; (b)(i) To inspect and review their child's education records and to request and receive a copy of their child's education records within a reasonable period of time, but not more than 45 days of submitting a request in accordance with the federal family educational rights and privacy act of 1974, Title 20 U.S.C. Sec. 1232g, as in effect on January 1, 2025, and RCW 28A.605.030.25 (ii) Parents and legal guardians choosing to inspect and review their child's education records may not be required by a public school to appear in person for the purposes of requesting or validating a request for their child's education records, provided the public school can ascertain the identity of the requestor. (iii) No charge may be imposed on a parent or legal guardian to inspect or review their child's education records or for the costs of searching for or retrieving the education records. Any charges for a copy of such records must be reasonable, not prevent a parent, legal guardian, or eligible child from exercising the right to inspect and review the child's education records, and be set forth in the official policies and procedures of the school district and public school. (iv)Education records means those official records, files, and data directly related to a student and maintained by the public school including, but not limited to, records encompassing all the material kept in the child's cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, disciplinary status, test protocols, and individualized education programs; (v) Education records do not include records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record; (vi) Nothing in this section changes the access and disclosure provisions established in chapter 70.02 RCW related to health care information; (c) To receive immediate notification upon receipt of a report that a criminal action is alleged to have been committed against their child on school property during the school day or during a school sponsored activity, including immediate notification if there has been a shooting on school property, or their child has been detained based on probable cause of involvement in criminal activity on school property during the school day; (d) To receive immediate notification upon receipt of a report that their child is alleged to be the victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor, as required by RCW 28A.320.160; (e) To receive immediate notification if law enforcement personnel question their child during a custodial interrogation at the school during the school day, except in cases where the parent or legal guardian has been accused of abusing or neglecting the child; (f) To not have their child removed from school grounds or buildings during school hours without authorization of a parent or legal guardian according to the provisions in RCW 28A.605.010. Nothing in this section affects the provisions in RCW 74.15.020, 13.32A.082, 26.44.050, or 26.44.115; (g) To have their child receive a public education in a setting in which 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 is prohibited under chapters 28A.640 and 28A.642 RCW; (h) In accordance with the protection of pupil rights, Title 20 U.S.C. Sec. 1232h, the right to receive written notice and the option to opt their child out of any survey, analysis, or evaluation that reveals information concerning: (i) Political affiliations or beliefs of the student or the student's parent or legal guardian; (ii) Mental or psychological problems of the student or the student's family; (iii) Sex behavior and attitudes; (iv) Illegal, antisocial, self-incriminating or demeaning behavior; (v) Critical appraisals of other individuals with whom respondents have close family relationships; (vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; (vii) Religious practices, affiliations, or beliefs of the student or student's parent or legal guardian; or (viii) Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program; (i) To receive written notice and have the option to opt their child out of comprehensive sexual health education in accordance with RCW 28A.300.475;37 (j) To receive from the public school the annual school calendar, no later than 30 days prior to the beginning of the school year, and to be notified in writing as soon as feasible of any revisions to such calendar. Such calendar must be posted to the public school's website and must include, at a minimum, student attendance days and any known event that requires parent, legal guardian, or student attendance outside of normal school days or hours; (k) To receive in writing each year or to view on the public school's website a comprehensive listing of any required fee and its purpose and use and a description of how economic hardships may be considered in the administration of fees; (l) To receive in writing each year or to view on the public school's website a description of the school's required dress code or uniform established pursuant to the policies established and allowed by RCW 28A.320.140, if applicable, for students; (m) To be informed if their child's academic progress, including the right to receive periodic reports on their child's educational growth and development in accordance with RCW 28A.150.240 and to receive notice of their child's performance on state learning standards tests and assessments in accordance with RCW 28A.230.195, and whether the performance, is such that it could threaten the child's ability to be promoted to the next grade level. A parent or legal guardian also has the right to request an in-person meeting with the child's classroom teacher and principal to discuss any resources or strategies available to support and encourage the child's academic improvement; (n) To file a complaint on behalf of their child under RCW 28A.600.477 relating to harassment, intimidation, and bullying; (o) To have their child qualify for enrollment in a school district if they are transferred to, or pending transfer to, a military installation within the state in accordance with RCW 28A.225.216; (p) To request enrollment for their child in a charter school established under chapter 28A.710 RCW; (q) To have their child qualify without a legal residence for enrollment in a school district in accordance with RCW 28A.225.215; (r) To have their child whose primary language is not English access supplemental instruction and services through the transitional bilingual instruction program in accordance with RCW 28A.150.220; (s) To receive annual notice of the public school's language access policies and services, the parents' rights to free language access services under Title VI of the civil rights act of 1964, 42 U.S.C. Sec. 2000d, et seq., and the contact information for any language access services under RCW 28A.183.040; (t) To request enrollment for their child in a nonresident school district in accordance with RCW 28A.225.220, 28A.225.225, and 28A.225.230; (u) To be notified of unexcused absences and to engage in efforts to eliminate or reduce their child's absences in accordance with RCW 28A.225.015, 28A.225.018, and 28A.225.020; (v) To request, under RCW 28A.155.090, information about special education programs and assistance for their child if their child is eligible for but not receiving special education services, including due to illness; (w) To request an appeal to the superintendent of public instruction under RCW 28A.155.080 if their child with disabilities has been denied the opportunity of a special education program by a school district or public school; and (x) To access special education due process hearings regarding their child as required by RCW 28A.155.020. (3) Notwithstanding anything to the contrary, a public school shall not be required to release any records or information regarding a student's health care, social work, counseling, or disciplinary records to a parent or legal guardian who is the defendant in a criminal proceeding where the student is the named victim or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the department of children, youth, and families where the parent or legal guardian is the target of the investigation, unless the parent or legal guardian has obtained a court order. (4) Nothing in this section creates a private right of action.[2] |
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How does Washington compare to other states?
This section compares Washington's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[24]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Mead School Board asks Trump administration to clarify legal educational authority amid conflicting state and federal education directives (2025): Washington's Mead School District Board sent a letter to U.S. Attorney General Pam Bondi (R) and U.S. Secretary of Education Linda McMahon (R) on March 11, 2025, asking the two cabinet members to step in and support them as they face conflicting education policy directive from the Washington Office of the Superintendent of Public Instruction (OSPI) and executive orders from President Donald Trump (R) regarding transgender student policies. OSPI deemed the district noncompliant with its transgender student policies, including restroom access and guidelines for communication with parents. The letter to Trump administration officials stated that the district policy is meant to be a compromise between the federal directives, which are more aligned with the values of the Mead School District community, and state standards. The school board expressed concern over losing funding from either the state or federal government, arguing that they can't implement both policies and stand to lose funding regardless of which policy they adopt.[25][26]
- Washington adds LGBTQ+ to school curriculum (2024): Governor Jay Inslee (D) signed SB 5462, titled “Promoting inclusive learning standards and instructional materials in public schools,” on March 18, 2024, that required schools to teach LGBTQ+ history and perspectives as part of their social studies curriculum beginning no later than October 1, 2025. The bill also required districts to hire what the bill refers to as an inclusive curricula coordinator to ensure that the curriculum aligns with Washington state law. The state senate passed SB 5462 mainly along party lines.[27][28][29]
- Washington state legislature bill that prohibits local districts from excluding protected classes from curriculum passes both houses (2024): Washington state Governor Jay Inslee (D) signed HB 2331 March 28, 2024, titled "Modifying requirements for public school instructional and supplemental instructional materials," to prohibit local districts from excluding curriculum on the basis that it includes protected classes. The Lynden and Meridian school districts' school boards wrote letters to the governor opposing the bill, arguing that it limited local school districts' control of the curriculum. The bill took effect on June 6, 2024.[30][31]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.320.040," accessed December 23, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.320.015," accessed December 23, 2024
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.230," accessed December 23, 2024
- ↑ BillTrack50, "WA HB2331", accessed February 7, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.320.230," accessed December 23, 2024
- ↑ BillTrack50, "WA HB2331", accessed February 7, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Safe Supportive Learning, "School Discipline Laws & Regulations Compendium – Washington: Parental Notification", accessed February 7, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.320.211," accessed December 23, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Casetext.com, '"Wash. Rev. Code § Chapter 28A.225," accessed December 23, 2024
- ↑ Casetext.com, '"Wash. Rev. Code § 28A.710.080," accessed December 23, 2024
- ↑ Office of the Superintendent of Public Instruction, "Superintendent Reykdal Publishes Guidance for Schools to Limit Cell Phones During Instructional Time," accessed January 28, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Tacoma_ea.org, "Board of Directors and the Tacoma Association of Educational Office Professionals and Tacoma Association of Public Schools Professional & Technical Employees, September 1, 2022 - August 31, 2025, accessed December 23, 2025
- ↑ Washington Legislature, "28A.605.005 - Parental Rights," accessed January 30, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Spokesman, "Mead School District implores feds to help solve ‘legal dilemma’ of state laws on gender policies that conflict with Trump’s executive orders," accessed March 14, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ “The Olympian,” "Inslee signs bill requiring schools to include LGBTQ history, perspective in teachings," March 19, 2024.
- ↑ Washington State Legislature, "SB 5462 - 2023-24 Promoting inclusive learning standards and instructional materials in public schools," January 17, 2024.
- ↑ Washington State legislature, "RCW 28A.415.443," January 22, 2024.
- ↑ Washington State Legislature, "HB 2331 - 2023-24," March 11, 2024.
- ↑ Cascadia Daily News, "Whatcom school boards oppose curriculum bills, argue state is undermining local control," March 19, 2024.
