Washington parents, school officials sue state over law that strips parental rights

A coalition of Washington parents, school board members, and educators has filed a lawsuit challenging House Bill 1296, alleging that the law violates both the Washington and US Constitutions by undermining parents’ rights to know and make decisions about their children’s education and welfare.

The lawsuit, filed in Thurston County Superior Court by the Citizen Action Defense Fund (CADF) through attorney Joel Ard, seeks to overturn HB 1296, calling it an unconstitutional rollback of parental rights protections established under Initiative 2081, which the legislature passed with overwhelming bipartisan support in 2024.

HB 1296, enacted earlier this year, repealed major provisions of Initiative 2081, a law guaranteeing parents the right to be informed about key decisions affecting their children, including issues involving counseling and medical care.

Under the new measure, teachers and staff may be prohibited from disclosing certain information to parents about their child’s behavior, health, or well-being.

“We’re being told not to share information that parents have a right to know,” said lead plaintiff Gabe Galbraith, a Kennewick School Board member and father of three. “That’s not education, that’s state interference in the family.”

The complaint argues HB 1296 violates several constitutional provisions, including:
 

• Parental rights protections under the Washington Constitution and the Fourteenth Amendment that guarantee parents the right to direct their children’s upbringing and education.
• First Amendment rights to religious freedom, claiming the law forces parents to accept school policies that conflict with their moral or faith-based beliefs.
• Washington’s “single subject” rule requires that legislation address only one subject clearly expressed in its title.
• Federal laws ensure parents’ access to their children’s educational records.

“This case isn’t about politics, it’s about constitutional boundaries,” said Paige McElwrath, CADF’s Director of Communications and Operations, in a statement to The Ari Hoffman Show on Talk Radio 570 KVI. “HB 1296 crosses the line by letting the state decide which parents are ‘safe’ to inform about their own kids. That’s not the government’s role, and the constitution doesn’t allow it.”

In 2023, hundreds of thousands of Washingtonians supported Initiative 2081, a bipartisan measure establishing parental transparency in public schools. Lawmakers adopted it the following year without changes.

But in 2025, legislators passed HB 1296, effectively nullifying those protections and replacing them with new policies drafted by the Office of Superintendent of Public Instruction (OSPI), policies that expand state control over student information while limiting parental involvement.

The lawsuit seeks a court order declaring HB 1296 unconstitutional under both state and federal law and restoring the parental rights protections guaranteed under Initiative 2081.

Let’s Go Washington (LGW), the citizen-led initiative organization behind Initiative 2081, announced its strong support for CADF’s lawsuit and the effort to restore the parental rights law that the legislature repealed.

“LGW stands in strong support of CADF and their work to undo the damage done to I-2081, which was passed by a bipartisan legislature last year,” the group said in a statement to the Ari Hoffman Show.

Let’s Go Washington, founded by businessman Brian Heywood, has become one of the most influential grassroots movements in state history. The group successfully gathered hundreds of thousands of signatures across Washington to advance a slate of initiatives aimed at restoring parental rights, repealing unpopular taxes, and reining in state overreach.

Earlier this year, LGW was instrumental in delivering six initiatives to the legislature, several of which lawmakers adopted directly, including reinstating police pursuits.

Despite their success, LGW volunteers and signature gatherers have faced harassment and physical attacks, including recent incidents captured on video in counties across the state. The group has called on state and local law enforcement to take those cases seriously.

LGW says its continued push for accountability and transparency in Olympia will not stop with I-2081, vowing to “defend every inch of ground gained for parents and taxpayers.”