SB 5136
In CommitteeSenate
Student given names
Protecting the rights of parents and guardians by using students' given names in public schools.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill requires public K-12 schools in Washington to use only the name and pronouns matching a student’s birth certificate unless parents or guardians give written permission for otherwise usage. It also protects staff from being forced to use pronouns that conflict with their religious or moral beliefs.
- School staff (including employees and contractors) may only use the name listed on a student’s birth certificate (or derivatives like nicknames with parental approval) — not a student’s chosen name — without written parental consent.
- Staff may only use pronouns that match the student’s biological sex as listed on the birth certificate, unless parents or guardians provide written permission for different pronouns.
- Schools may not require staff to use mismatched pronouns if doing so conflicts with the staff member’s religious or moral beliefs.
- Schools and staff are prohibited from using a student’s chosen name or mismatched pronouns in official school settings without parental consent.
- Students, parents, or guardians who believe their rights were violated can file a complaint with the U.S. Department of Education’s Office for Civil Rights or sue the school district in court.
Who is affected
- Parents and legal guardians of K-12 public school students — Must provide written consent before school staff use a student's chosen name (instead of the name on the birth certificate) or use pronouns that differ from the student's sex listed on their birth certificate.
- School employees and contractors (e.g., teachers, administrators, support staff) — Must follow the law when addressing students; may not use a student's chosen name or mismatched pronouns without parental consent, and may not be forced to do so if it conflicts with their religious or moral beliefs.
- Public schools and school districts — Must comply with the law's requirements; may face legal action if they violate the law's provisions.
- K-12 public school students — May be unable to use their chosen name or gender-affirming pronouns at school without parental consent, and may not challenge staff who decline to use them based on the staff's religious or moral objections.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (2)
The bill formalizes a parental consent requirement for name/pronoun use, which some parents may view as reinforcing parental rights and ensuring families retain authority over their children’s identity documentation in school settings — though this benefit is limited to families who do not support gender diversity.
Local GovernmentLean peopleRef: Sec. 1(1)(a), (b)Staff may be protected from being compelled to speak in ways that conflict with sincerely held religious or moral beliefs — though this protection applies only to staff, not students, and does not extend to other compelled-speech contexts.
Rights & LibertiesLean peopleRef: Sec. 1(1)(d)
Potential Concerns (5)
This bill prohibits school staff from using a student’s chosen name or gender-affirming pronouns without written parental consent, effectively denying transgender and gender-nonconforming students the ability to have their identity recognized at school — even when the student has parental support or is living affirmably outside of school. This restricts students’ expressive and identity rights in a core public institution and may force them into harmful misgendering or deadnaming, increasing psychological distress and risk of harm.
Rights & LibertiesPeopleRef: Sec. 1(1)(a), (b), (d)The provision shielding staff from using mismatched pronouns if it conflicts with their religious or moral beliefs creates a one-way exception: staff may refuse to affirm a student’s identity, but students have no reciprocal right to be addressed in accordance with their gender identity. This asymmetry undermines equal treatment and may embolden discrimination under the guise of religious liberty.
Rights & LibertiesPeopleRef: Sec. 1(1)(d)By requiring staff to use only names and pronouns on birth certificates, the bill undermines inclusive school climate efforts that research shows reduce suicide risk, improve mental health, and increase academic engagement among LGBTQ+ youth — particularly in districts that have adopted evidence-based gender identity protections.
EducationPeopleRef: Sec. 1(1)(a), (b), (d)The bill shifts enforcement burden to the U.S. Department of Education’s Office for Civil Rights and federal courts, increasing administrative and legal costs for families seeking redress and potentially exposing school districts to costly litigation without providing state-level oversight or support.
Local GovernmentLean peopleRef: Sec. 1(3)School districts may face increased compliance costs — including staff training, legal review of policies, and potential litigation — without state funding to offset those expenses, potentially diverting resources from instruction or student support services.
Local GovernmentLean peopleRef: Fiscal Impact (unspecified)
Who Is Most Affected
Transgender and gender-nonconforming students are directly harmed: they may be forced to use names and pronouns that misgender them, even if they live affirmably at home or have supportive families. This increases risk of depression, anxiety, and suicide — especially for students without affirming home environments. The bill gives no recourse for students whose parents do not provide consent, even if the student is living in alignment with their gender identity.
Parents of transgender students who affirm their child’s identity may be unable to exercise their own parental rights — because the law overrides parental support for a child’s chosen name/pronouns unless the parent provides written consent *and* the school complies. In effect, the law constrains parental authority when it conflicts with the bill’s birth-certificate standard.
School staff face conflicting obligations: they must comply with the birth-certificate mandate, may not be required to use mismatched pronouns if it violates their beliefs, and risk legal liability if they err. This creates a high-risk environment for educators trying to support students while avoiding legal exposure.
School districts face increased legal exposure and compliance costs, especially in districts where staff or families hold divergent views on gender identity. The bill does not provide state funding for training or legal defense, increasing fiscal strain on already under-resourced districts.
Families with cisgender, cis-normative children are unlikely to be directly affected — but may indirectly bear costs through reduced school funding flexibility, increased litigation risk in disputes, and erosion of trust in school staff’s ability to support all students equitably.