Click to watch Sen. McCune’s comments during the Senate debate on SB 5179.

Today Senate Democrats approved a bill that opponents argue would empower the Office of the Superintendent of Public Instruction (OSPI) to investigate, harass and penalize schools or school officials deemed to be non-compliant with its “woke ideological agenda.”

Republican Sen. Jim McCune of Graham fought the bill on the Senate floor, saying it is likely to be challenged in court, as the formal complaint process it would create is in direct conflict with federal law and the Constitution.

“This bill is about enforcing a political agenda through the creation of a snitch line at OSPI,” warned McCune, who serves on the Senate education committee. “If you don’t comply, you’ll be stripped of funding, and you could even see the forcible discharge of school board members.

“There’s no doubt about it. This measure is putting a strong arm on schools that don’t want to teach the horrible sex-education curriculum and other woke ideologies, which many Washington parents oppose. Parents, and their elected representatives on their school boards, don’t want children indoctrinated with gender ideology in the classroom. Teachers don’t want to teach it, and this bill is going to force it on them.”

Under Second Substitute Senate Bill 5179, school districts, charter schools, and state-tribal education compact schools would be required to submit compliance action plans if OSPI finds noncompliance with any state laws, and OSPI would be permitted to impose “certain consequences for willful noncompliance.”

If it became law, the measure would allow OSPI to impose any of these punishments:

• Find that a superintendent committed an act of unprofessional conduct and may be held accountable under rules adopted by the Professional Educator Standards Board;
• Withhold up to 20 percent of state funds for the basic education allocation, with prior written notice, and redirect those funds to support the compliance action plan; and
• Recall and discharge a member of a school board of directors for willful or negligent noncompliance with state law.

McCune reminded his colleagues that the Washington Constitution also protects the rights of parents.

“We have absolute freedom of conscience on these matters,” he said. “There’s also a guaranteed right to public education. This measure violates both those principles. It attempts to force an ideology on the students in the classroom.

“I believe this measure already violates federal law, as established by the Trump Administration.  More importantly, it violates the U.S. Constitution, which is the supreme law of the land.

“This bill steps all over the constitutional rights of parents, students, teachers and school board members, it isn’t in compliance with federal law, and I believe it will ultimately be challenged in court,” McCune concluded. “I urge my colleagues in the House to put this bill down, as the Senate should have done.”