RCW 28A.605.005 expands parental rights in accessing mental health records, but it also creates legal and ethical conflicts with existing student privacy laws.
Last week, State Superintendent Chris Reykdal sent an Update on I-2081 (Parents’ Bill of Rights) Implementation to school district superintendents.
While this statute underscores the state’s commitment to fostering parental involvement in education by ensuring transparency and granting parents explicit rights regarding their child’s schooling, RCW 28A.605.005 significantly affects school-based mental health services in Washington State by expanding parental access to student records, increasing parental oversight, and potentially altering the way mental health services are provided in schools.
Key Impacts
1. Increased Parental Access to Mental Health Records
- The law explicitly grants parents the right to access records related to mental health counseling provided by schools.
- Schools must provide copies of these records within 10 business days upon request.
- This may create challenges for student confidentiality, particularly for older students who seek school-based mental health support without wanting parental involvement.
2. Potential Conflict with Privacy Laws (FERPA & HIPAA)
- FERPA (Family Educational Rights and Privacy Act) allows parents access to their child’s educational records until the student turns 18. However, certain health-related information, particularly related to counseling, may have protections under state law.
- HIPAA (Health Insurance Portability and Accountability Act) generally does not apply to school-based mental health services unless they are provided by external medical providers.
- State Laws on Minor Consent (RCW 71.34.530 & RCW 70.02.240) allow minors (ages 13+) to independently consent to mental health services, meaning parental access to these records could conflict with existing state protections.
3. Changes in Student Willingness to Seek Mental Health Support
- Students, especially teenagers, may be less likely to seek help for mental health concerns if they know their parents can access counseling records.
- This could lead to an increase in untreated mental health conditions among students who fear parental disapproval or involvement.
4. Legal Uncertainty for School Counselors & Mental Health Providers
- School-based mental health professionals now face legal uncertainty when determining whether to release mental health records to parents.
- They must balance student confidentiality, parental rights, and compliance with federal and state privacy laws.
- Some school districts may restrict or modify mental health services to avoid potential legal challenges.
5. Impact on Crisis Intervention & Emergency Services
- In cases of immediate danger (e.g., suicidal ideation), schools already notify parents under existing duty-to-warn policies.
- RCW 28A.605.005 does not change this, but it may increase parental involvement in non-crisis mental health services, potentially impacting how schools manage long-term mental health interventions.
While we wait for additional guidance from OSPI, WA State schools and school-based behavioral health providers are encouraged to review their district’s (or agency’s) policies, procedures, and practices relative to parental rights, and to seek legal counsel for clarity.
Sources & More:
- [OSPI] Update on I-2081 (Parents’ Bill of Rights) Implementation
- [OSPI] SURVEY: Parents’ Bill of Rights: Questions, Comments, Concerns
- [OSPI] Implementation of I-2081, the Parents’ Bill of Rights
- [WA State Legislature] RCW 28A.605.005
- [WA State Legislature] Chapter 28A.605 RCW
