Bill
SB 5136
The act requires schools to use a student’s birth-name and biological-sex pronouns unless written parental consent is given for any deviation.
SB 5136 — Summary of the Given Name Act (Wash. State)
Overview
- Purpose: To protect the rights of parents/guardians, children, and teachers in public K-12 schools by requiring the use of a student’s birth-name and biological-sex pronouns in official school interactions, unless written permission from the student’s parent or guardian is obtained.
- Status: First reading; introduced January 3, 2025; Prefiled January 3, 2025; referred to the Senate Committee on Early Learning & K-12 Education (SB 5136, S-0384.1SENATE BILL 5136).
Key Provisions
- Prohibited practices without parental/guardian consent:
- A school employee or contractor may not address a student using a name other than the student’s birth certificate name (or derivatives thereof) without written parental/guardian permission.
- A school employee or contractor may not address a student with a pronoun that does not match the student’s biological sex without written parental/guardian permission.
- School staff must refrain from any act or communication in their official capacity that would violate (a) or (b).
- Religious/moral accommodations:
- Public schools may not require employees or contractors to use a pronoun that conflicts with the employee’s or contractor’s religious or moral beliefs.
- Public concern exception:
- Employees/contractors may discuss matters of public concern outside their official duties without violating the act.
- Remedies and enforcement:
- Aggrieved individuals may seek relief through the U.S. Department of Education’s Office for Civil Rights or pursue a private right of action against a school or district, or both.
- Severability:
- If any provision is held invalid, the rest of the act remains in effect.
Definitions (selected)
- Contractor: Any person working for a public school/district through a contract.
- Employee: Any person working in any capacity at a public school/district (paid or voluntary).
- Parent/Guardian: State resident who is a parent, stepparent, adoptive parent, foster parent, or legal guardian of a qualified student.
- Public school: As defined by RCW 28A.150.010.
- Sex: Biological sex as listed on birth certificate.
- Student: Individual under age 18 who has not been emancipated.
Legislative Actions and Timeline
- Prefiled: January 3, 2025
- First reading: January 13, 2025
- Referred to: Early Learning & K-12 Education
Impact and Context
- Affects students, parents/guardians, and school staff (employees and contractors) by mandating parental permission for any use of alternate names or pronouns.
- Creates potential legal pathways for enforcement, including possible civil-rights complaints or private lawsuits.
- Interacts with existing policy frameworks (notwithstanding current model policies and procedures under RCW 28A.642.080) and uses a broad definitional scope, including biological sex and birth-name usage, which may influence classroom communications and record-keeping.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
