Five-second answer

Claim we investigated

If the initiative passes, those [mental health] documents could be released to parents. Currently, they are shielded.

Misleading. Parents can already inspect most school counseling records under federal law; only private notes and licensed clinical records are shielded. Federal law treats counseling and health records a K-12 school keeps on a minor as education records that parents may inspect within 45 days, Washington's Attorney General told a court in 2024 that parents already had that right to mental health counseling records, OSPI said the I-2081 records right added no access beyond federal law, and Seattle's records procedure lists counselors and psychologists as custodians of records parents can review; what is shielded today is narrower: a staff member's private memory-aid notes and treatment records protected by the state health privacy law.

Quote or cite this fact-check

FactHub rates the claim “If the initiative passes, those [mental health] documents could be released to parents. Currently, they are shielded” Misleading (moderate confidence): Parents can already inspect most school counseling records under federal law; only private notes and licensed clinical records are shielded. Reviewed October 24, 2026. https://facthub.org/n/article/wa-i001-counseling-records-today/1

One-minute summary

What the evidence establishes

  • Established. Under federal law, counseling and health records a K-12 school keeps on a minor are education records parents may inspect within 45 days.
  • Established. Washington's Attorney General told a court in 2024 that parents already have this right to mental health counseling records under federal law.
  • Established. OSPI said I-2081's records right gave parents no greater access than federal law already did.
  • Established. What is shielded today: a staff member's private memory-aid notes, and treatment records protected by Washington's health privacy law.
  • Not shown. How each district handles counselor notes in practice was not surveyed, and no court has settled how far the health privacy law reaches in schools.
  • Context. I-001 would shorten the deadline to 10 business days, name counseling records explicitly and remove current law's memory-note and health-privacy language from the state statute.
  • Context. The same evidence cuts against a Yes-side claim that 001 opens records parents cannot get under current law.
Important context: Initiative IL26-001 would give parents the right to copies of their child's public school records within 10 business days, listing records of any mental health counseling. In its August 29, 2026 editorial urging a No vote, The Seattle Times editorial board wrote that access to student mental health records is the real driver of the measure: If the initiative passes, those documents could be released to parents. Currently, they are shielded. The No campaign's ads and the state PTA make similar points. This check tests what current law actually allows. It does not weigh whether parental access to these records is good policy. FactHub takes no position on I-001.

The evidence

The conclusion rests on the combined record. Expand each item to see its role and limitations.

Independence note: This check uses 5 methods across 10 institutions and 1 country or international grouping.
Evidence map
Method Institution / country Year(s) What it shows Key limitation Primary links
Reading of the Family Educational Rights and Privacy Act regulations and federal guidance on student health records U.S. Department of Education, U.S. Department of Health and Human Services United States 2019, 2023, 2026 FERPA regulations define education records as records directly related to a student and maintained by a school or a party acting for it, and require schools to let parents inspect them within 45 days of a request. The exclusion for treatment records covers only students who are 18 or older or attending college; the Department of Education's 2023 guidance says health records used to treat students under 18 in elementary or secondary school are therefore education records. The 2019 joint guidance of the Departments of Health and Human Services and Education says health records maintained by a K-12 school, such as by a school nurse, generally are education records under FERPA. Federal guidance states general rules; it does not address each kind of counselor record, and whether a particular note is a sole-possession record depends on how it is kept and used. Legal Information Institute, Cornell Law School Legal Information Institute, Cornell Law School U.S. Department of Education, Student Privacy Policy Office U.S. Department of Health and Human Services and U.S. Department of Education
Reading of the State's briefs in Legal Counsel for Youth and Children v. State and OSPI's implementation guidance Washington State Office of the Attorney General, Office of Superintendent of Public Instruction United States 2024, 2025 Opposing a preliminary injunction against I-2081 in June 2024, the Attorney General's office told King County Superior Court that parents already have the same right under federal law to the initiative's medical and mental health counseling records. Its September 2024 summary-judgment motion said those records were already subject to disclosure under RCW 28A.605.030 and FERPA. OSPI's February 2025 guidance said I-2081's records right does not give parents greater access to education records than they already have under FERPA and IDEA. The Attorney General was defending I-2081 and had an interest in arguing it changed little; the court did not rule on this point before dismissing the case on other grounds. Washington State Office of the Attorney General Washington State Office of the Attorney General Office of Superintendent of Public Instruction
Reading of a Department of Education letter of finding, a state appellate decision and the counselors' professional association guidance U.S. Department of Education, Commonwealth Court of Pennsylvania, American School Counselor Association United States 1991, 2005, 2026 In a 2005 letter of finding to an Oregon school district, the Department of Education said notes are not personal sole-possession records merely because they are kept in a school official's desk drawer or have not been shared, and that the exception does not cover detailed or comprehensive notes recording clinical or other services to a student. A Pennsylvania appellate court in 1991 held that federal law gave parents a complete right of access to a school psychologist's notes about their children. The American School Counselor Association tells members that parents have a federal right to see anything a counselor writes down or records that refers to their child. The 2005 letter is a third-party copy of a scanned federal letter, and the 1991 decision applies federal law in Pennsylvania; neither binds Washington courts. U.S. Department of Education, Family Policy Compliance Office Commonwealth Court of Pennsylvania American School Counselor Association
Reading of current RCW 28A.605.005, Washington's health care information and adolescent treatment statutes, OSPI's 2025 report, the 2024 injunction and a regional records procedure Washington State Legislature, King County Superior Court, Office of Superintendent of Public Instruction, Northwest Educational Service District 189 United States 2024, 2025, 2026 Current RCW 28A.605.005 excludes sole-possession memory-aid records from education records and says nothing in the section changes the access and disclosure provisions of chapter 70.02 RCW on health care information. Under RCW 70.02.130, for care a minor lawfully consented to, only the minor may exercise the patient's rights, and RCW 71.34.530 lets adolescents get outpatient behavioral health treatment without a parent's consent. OSPI's 2025 report says school counselors are not licensed to provide mental or behavioral health treatments, so their ordinary records are school records rather than treatment records. The 2024 injunction against I-2081 reached only records and information protected by RCW 70.02.020. A regional records procedure used by Northwest Washington districts says students 13 or older control access to mental health treatment records and that staff working notes kept in the writer's sole possession are not student records. Whether school psychologists and school social workers count as health care providers under RCW 70.02 is unsettled, and the injunction was a preliminary ruling later dissolved. The Seattle Times editorial board Washington State Legislature Washington State Legislature Office of Superintendent of Public Instruction King County Superior Court Northwest Educational Service District 189
Reading of Seattle Public Schools Superintendent Procedure 3231SP on student records Seattle Public Schools United States 2018 Seattle's procedure says confidential health records are also covered by FERPA, permitting parent access to review, while noting a higher standard of confidentiality for mental health treatment records, and it names teachers, counselors, nurses and psychologists as custodians of student records. One large district's 2018 procedure; other districts' procedures and actual practice were not surveyed. Seattle Public Schools
1. Federal law treats school counseling records on minors as records parents can inspect Reading of the Family Educational Rights and Privacy Act regulations and federal guidance on student health records

FERPA regulations define education records as records directly related to a student and maintained by a school or a party acting for it, and require schools to let parents inspect them within 45 days of a request. The exclusion for treatment records covers only students who are 18 or older or attending college; the Department of Education's 2023 guidance says health records used to treat students under 18 in elementary or secondary school are therefore education records. The 2019 joint guidance of the Departments of Health and Human Services and Education says health records maintained by a K-12 school, such as by a school nurse, generally are education records under FERPA.

Limit: Federal guidance states general rules; it does not address each kind of counselor record, and whether a particular note is a sole-possession record depends on how it is kept and used.

Verify: 34 CFR 99.3 - Definitions 34 CFR 99.10 - What rights exist for a parent or eligible student to inspect and review education records? FERPA: Guidance for School Officials on Student Health Records (SPPO-23-02, April 12, 2023) Joint Guidance on the Application of FERPA and HIPAA to Student Health Records (December 2019 update)

2. Washington's own officials said parents already had access Reading of the State's briefs in Legal Counsel for Youth and Children v. State and OSPI's implementation guidance

Opposing a preliminary injunction against I-2081 in June 2024, the Attorney General's office told King County Superior Court that parents already have the same right under federal law to the initiative's medical and mental health counseling records. Its September 2024 summary-judgment motion said those records were already subject to disclosure under RCW 28A.605.030 and FERPA. OSPI's February 2025 guidance said I-2081's records right does not give parents greater access to education records than they already have under FERPA and IDEA.

Limit: The Attorney General was defending I-2081 and had an interest in arguing it changed little; the court did not rule on this point before dismissing the case on other grounds.

Verify: Defendants' Opposition to Motion for Preliminary Injunction, Legal Counsel for Youth and Children v. State, No. 24-2-11540-4 SEA (June 2024) Defendants' Motion for Summary Judgment, Legal Counsel for Youth and Children v. State (September 18, 2024) Bulletin 009-25, Updated Guidance for Implementation of Initiative 2081 (February 13, 2025)

3. Counselor notes are reachable unless they are true memory aids Reading of a Department of Education letter of finding, a state appellate decision and the counselors' professional association guidance

In a 2005 letter of finding to an Oregon school district, the Department of Education said notes are not personal sole-possession records merely because they are kept in a school official's desk drawer or have not been shared, and that the exception does not cover detailed or comprehensive notes recording clinical or other services to a student. A Pennsylvania appellate court in 1991 held that federal law gave parents a complete right of access to a school psychologist's notes about their children. The American School Counselor Association tells members that parents have a federal right to see anything a counselor writes down or records that refers to their child.

Limit: The 2005 letter is a third-party copy of a scanned federal letter, and the 1991 decision applies federal law in Pennsylvania; neither binds Washington courts.

Verify: Letter of finding to Salem-Keizer School District 24J (December 28, 2005) Parents Against Abuse in Schools v. Williamsport Area School District, 594 A.2d 796 (Pa. Commw. Ct. 1991) Ethical Responsibilities FAQs

4. What is shielded today: memory-aid notes and licensed treatment records Reading of current RCW 28A.605.005, Washington's health care information and adolescent treatment statutes, OSPI's 2025 report, the 2024 injunction and a regional records procedure

Current RCW 28A.605.005 excludes sole-possession memory-aid records from education records and says nothing in the section changes the access and disclosure provisions of chapter 70.02 RCW on health care information. Under RCW 70.02.130, for care a minor lawfully consented to, only the minor may exercise the patient's rights, and RCW 71.34.530 lets adolescents get outpatient behavioral health treatment without a parent's consent. OSPI's 2025 report says school counselors are not licensed to provide mental or behavioral health treatments, so their ordinary records are school records rather than treatment records. The 2024 injunction against I-2081 reached only records and information protected by RCW 70.02.020. A regional records procedure used by Northwest Washington districts says students 13 or older control access to mental health treatment records and that staff working notes kept in the writer's sole possession are not student records.

Limit: Whether school psychologists and school social workers count as health care providers under RCW 70.02 is unsettled, and the injunction was a preliminary ruling later dissolved.

Verify: Seattle Times endorsements, WA general election 2026: 'No' on Initiative 001, 'parents' rights' (August 29, 2026) RCW 28A.605.005, Parents' and legal guardians' rights (current) RCW 70.02.130 - Minors who consent to health care Initiative 2081 report (June 2025) Order Granting in Part Preliminary Injunction, Legal Counsel for Youth and Children v. State (signed June 24, 2024) Procedure 3231P, Student Records

5. Seattle's procedure treats counselor and health records as reviewable by parents Reading of Seattle Public Schools Superintendent Procedure 3231SP on student records

Seattle's procedure says confidential health records are also covered by FERPA, permitting parent access to review, while noting a higher standard of confidentiality for mental health treatment records, and it names teachers, counselors, nurses and psychologists as custodians of student records.

Limit: One large district's 2018 procedure; other districts' procedures and actual practice were not surveyed.

Verify: Superintendent Procedure 3231SP, Student Records (approved October 29, 2018)

Common questions

“Under pre-existing law, if a school nurse creates notes about a student's mental health, the notes would not be part of the public school record and would not be disclosed without the youth's permission.”

Short answer: Disputed

This was the plaintiffs' argument in the 2024 suit over I-2081. It is right for true sole-possession notes and for treatment records protected by the health privacy law, and the court enjoined I-2081 only as to records protected by RCW 70.02. The State disagreed that other notes were shielded, and federal guidance says detailed notes recording services to a student are education records. The question was never decided on the merits.

“It allows parents to access information about their child's mental, medical, disciplinary or academic records that they aren't given access to under current law.”

Our rating: Misleading

The same evidence cuts against this Yes-side line from an October 21, 2026 op-ed by 001 supporters. Parents already have access to most of those records under federal law. 001 makes access faster and more explicit and could reach memory-aid notes and some clinical records, but it does not open a category that is closed today across the board.

“I-001 broadens the definition of school records available to parents and removes the current sole-possession exception from this section.”

Our rating: True

The sponsor's own description is accurate. 001's list ends with any other student-specific files, documents or other materials maintained by the public school, and it strikes current law's sole-possession exclusion from the state statute. Federal law's exclusion would still apply to federal FERPA requests, so how far 001 reaches memory-aid notes would likely be tested in practice. This is the part of the editorial's concern that has real substance.

“Would 001 open licensed mental health treatment records to parents?”

Short answer: Possibly

Current law says the parents' rights section does not change the health privacy chapter; 001 deletes that sentence and lists medical and mental health counseling records, so whether it overrides a teen's control of consented treatment records would be argued. The 2024 injunction against the same language was limited to records protected by RCW 70.02 and was dissolved when the State won on other grounds.

Conclusion

The editorial's premise is that student mental health records are closed to parents today and would be opened by 001. For most records school counselors keep, that is not how current law works. Under the federal Family Educational Rights and Privacy Act, records directly related to a student and maintained by a school are education records, and a parent of a minor may inspect them within 45 days. The exclusion for treatment records applies only to students 18 or older or in college, so it does not cover high school counseling. Federal guidance from 2019 and 2023 says K-12 health records kept by school staff are generally education records. Washington's own statute, RCW 28A.605.030, gives parents the right to review all education records. The state did not dispute this in court: defending I-2081 in 2024, the Attorney General told King County Superior Court that parents already have the same right under federal law to records of mental health counseling. OSPI's February 2025 guidance said I-2081's records right gave parents no greater access than federal law already did, and Seattle Public Schools' records procedure lists counselors and psychologists among the custodians of records parents can review. Two categories really are shielded today. The first is a staff member's sole-possession notes: brief memory aids never shared with anyone. The U.S. Department of Education has said detailed notes recording services to a student do not qualify merely because they sit in a desk drawer, and the American School Counselor Association tells its members that parents have a federal right to see anything you write down that refers to their child. The second is health care information protected by RCW 70.02, such as outpatient mental health treatment a teen 13 or older consented to with a licensed clinician; certificated school counselors are not licensed to provide mental health treatment, so most of their records fall under federal school-records law instead. The plaintiffs who sued over I-2081 read current law more protectively, arguing that a school nurse's notes about a student's mental health would not be disclosed without the student's permission, and the court enjoined I-2081 only to the extent it required disclosure of records protected by RCW 70.02. That dispute was never resolved on the merits. What 001 would change is real but narrower than the editorial says: it shortens the deadline from 45 days to 10 business days, names mental health counseling records explicitly, covers any other student-specific files the school maintains, removes current law's sole-possession exclusion from the state statute and deletes its sentence preserving the health privacy law. Those changes could reach memory-aid notes and some clinical records, which is where the real policy disagreement lies. The same evidence cuts against a Yes-side claim that 001 opens records parents are not given access to under current law. We rate the editorial's claim Misleading with moderate confidence, because district practice on counselor notes varies and the reach of the health privacy law in schools has not been settled by a court.

How we checked

  1. Defined the claim as the editorial's two sentences about student mental health records and split it into what current law allows, what is actually shielded, and what 001 would change.
  2. Read the FERPA statute and regulations, the 2019 joint HHS and Education guidance and the Department of Education's 2023 guidance on student health records.
  3. Read Washington's student records statutes, the health care information and adolescent treatment statutes, and current RCW 28A.605.005, and compared them with the filed IL26-001 text.
  4. Read the complaint, motions, the State's briefs and the orders in Legal Counsel for Youth and Children v. State, the 2024 suit over I-2081, and OSPI's 2025 guidance and report.
  5. Read Seattle Public Schools' and a regional educational service district's student records procedures, federal letters and a state appellate decision on counselor and psychologist notes, and the counselors' association guidance.
  6. Recorded limits: no district survey, no court ruling on the merits, and an unsettled question about school psychologists and social workers under the health privacy law.

Editorial note: Scope: this article rates two sentences from The Seattle Times editorial board's August 29, 2026 endorsement, read in context as referring to student mental health records kept by schools. It covers current law as of October 2026 and what IL26-001's text would change; it does not predict how schools would apply 001. We rely on federal statutes, regulations and guidance; Washington statutes; filings and orders in Legal Counsel for Youth and Children v. State, the 2024 suit over I-2081; OSPI guidance; and two district procedures. We did not survey districts' actual practice on counselor notes, and the state model policy was not available to us. The 2005 Department of Education letter we cite is a third-party copy of a scanned letter. A legal specialist could read the interaction between federal school-records law and Washington's health privacy statute differently.

Expert-review status

No external specialist review has been recorded.

Funding and conflicts

Funding: No external funding for this piece.

Ownership: Published by the FactHub Research Team.

Conflicts: None known.

Sources

Sources are labeled by kind, with what this fact check takes from each, so readers can check the evidence independently.

  1. News report The Seattle Times editorial board. Seattle Times endorsements, WA general election 2026: 'No' on Initiative 001, 'parents' rights' (August 29, 2026)

    The editorial board's endorsement against 001, containing the rated sentences.

    Reliability: Has a stake in this finding. Opinion by the editorial board, which urges a No vote; separate from the paper's news reporting.

    • Qualifies: The editorial says student mental health records are shielded now and could be released if 001 passes.

      What the source says
      Tucked into the legalistic language 12 paragraphs down is the real driver behind this effort: access to student mental health records. If the initiative passes, those documents could be released to parents. Currently, they are shielded.
      Fourth paragraph
  2. Reference work Legal Information Institute, Cornell Law School. 34 CFR 99.3 - Definitions

    The FERPA regulation defining education records and their exclusions.

    Reliability: Verbatim reproduction of the Code of Federal Regulations.

    • Education records are records directly related to a student and maintained by the school or someone acting for it.

      What the source says
      Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
      Education records, paragraph (a)
  3. Reference work Legal Information Institute, Cornell Law School. 34 CFR 99.10 - What rights exist for a parent or eligible student to inspect and review education records?

    The FERPA regulation on parents' right to inspect education records.

    Reliability: Verbatim reproduction of the Code of Federal Regulations.

    • Schools must let parents inspect education records within 45 days of a request.

      What the source says
      within a reasonable period of time, but not more than 45 days after it has received the request.
      Paragraph (b)
  4. Government U.S. Department of Education, Student Privacy Policy Office. FERPA: Guidance for School Officials on Student Health Records (SPPO-23-02, April 12, 2023)

    Federal guidance on how FERPA applies to student health records.

    Reliability: Guidance from the federal office that enforces FERPA.

    • Health records used to treat K-12 students under 18 are not treatment records and so are education records.

      What the source says
      health records that are used for the treatment of students who are under 18 years old and are attending an elementary or secondary school are not considered "treatment records" under FERPA and are therefore considered "education records"
      p. 2
  5. Government U.S. Department of Health and Human Services and U.S. Department of Education. Joint Guidance on the Application of FERPA and HIPAA to Student Health Records (December 2019 update)

    Joint federal guidance on which student health records fall under FERPA versus HIPAA.

    Reliability: Issued jointly by the two federal agencies that administer FERPA and HIPAA.

    • Health records a K-12 school keeps, such as a school nurse's, generally are FERPA education records.

      What the source says
      maintained by an educational agency or institution (such as by an elementary or secondary school nurse) would generally constitute education records subject to FERPA.
      p. 4
  6. Party to the dispute Washington State Office of the Attorney General. Defendants' Opposition to Motion for Preliminary Injunction, Legal Counsel for Youth and Children v. State, No. 24-2-11540-4 SEA (June 2024)

    The State's brief defending I-2081 against the injunction request.

    Reliability: Has a stake in this finding. The State was defending I-2081 and argued it changed little; hosted by Legal Voice, counsel for the plaintiffs.

    • The State told the court parents already had the federal right to these medical and counseling records.

      What the source says
      Parents already have this same right under federal law.
      p. 7
  7. Party to the dispute Washington State Office of the Attorney General. Defendants' Motion for Summary Judgment, Legal Counsel for Youth and Children v. State (September 18, 2024)

    The State's summary-judgment motion in the I-2081 case.

    Reliability: Has a stake in this finding. The State's litigation position defending I-2081.

    • The State said I-2081's health and counseling records were already subject to disclosure under state law and FERPA.

      What the source says
      were already subject to disclosure under RCW 28A.605.030 and FERPA.
      p. 18
  8. Party to the dispute Legal Counsel for Youth and Children et al. (plaintiffs). Plaintiffs' Motion for Preliminary Injunction, Legal Counsel for Youth and Children v. State (June 7, 2024)

    The plaintiffs' argument that I-2081 expanded access to student health records.

    Reliability: Has a stake in this finding. Filed by youth-advocacy plaintiffs represented by ACLU of Washington, Legal Voice and QLaw, which oppose 001.

    • Contradicts: The plaintiffs argued a school nurse's mental health notes were not disclosed under prior law.

      What the source says
      Under pre-existing law, if a school nurse creates notes about a student's mental health, the notes would not be part of the "public school record"
      p. 11
  9. Government King County Superior Court. Order Granting in Part Preliminary Injunction, Legal Counsel for Youth and Children v. State (signed June 24, 2024)

    The court's preliminary injunction against parts of I-2081, later dissolved.

    Reliability: Court order by Judge Michael R. Scott; dissolved when the State won summary judgment on January 27, 2025.

    • Qualifies: The injunction reached only records and information protected by the state health privacy law.

      What the source says
      to the extent that it requires disclosure of medical, health, and mental health records and/or information protected by RCW 70.02.020.
      Order, paragraph 1(b)
  10. Government Office of Superintendent of Public Instruction. Bulletin 009-25, Updated Guidance for Implementation of Initiative 2081 (February 13, 2025)

    OSPI's guidance to districts on I-2081 after the court case ended.

    Reliability: Official state education agency guidance.

    • OSPI said I-2081's records right gave parents no greater access than federal law already did.

      What the source says
      This provision does not provide parents/guardians with greater access to their students' education records than they already have under FERPA and IDEA.
      Sec. (2)(b)(i) guidance, p. 3
  11. Government Office of Superintendent of Public Instruction. Initiative 2081 report (June 2025)

    OSPI's report on implementing I-2081.

    Reliability: Official state education agency report.

    • School counselors are not licensed to provide mental health treatment.

      What the source says
      School counselors are not licensed to provide mental or behavioral health treatments.
      Medical notification section
  12. Government Washington State Legislature. RCW 28A.605.005, Parents' and legal guardians' rights (current)

    The current parents' rights statute as amended by ESHB 1296.

    Reliability: Current Revised Code of Washington.

    • Qualifies: Current state law excludes sole-possession memory-aid records from education records.

      What the source says
      Education records do not include records that are kept in the sole possession of the maker, are used only as a personal memory aid
      Subsection (2)(b)(v)

    • Qualifies: Current state law says the parents' rights section does not change the health care information law.

      What the source says
      Nothing in this section changes the access and disclosure provisions established in chapter 70.02 RCW related to health care information
      Subsection (2)(b)(vi)
  13. Government Washington State Legislature. RCW 70.02.130 - Minors who consent to health care

    Statute giving minors control of health care information about care they lawfully consented to.

    Reliability: Current Revised Code of Washington; applies to health care providers as defined in chapter 70.02 RCW.

    • Qualifies: For care a minor lawfully consented to, only the minor controls the health care information.

      What the source says
      only the minor may exercise the rights of a patient under this chapter
      Subsection (1)
  14. Government U.S. Department of Education, Family Policy Compliance Office. Letter of finding to Salem-Keizer School District 24J (December 28, 2005)

    Federal finding on whether a school official's notes about a student were sole-possession records.

    Reliability: Federal letter of finding; this is a scanned copy hosted by Wrightslaw, a special-education law publisher, as no Department of Education copy was found.

    • Notes are not sole-possession records merely because they sit in a desk drawer unshared.

      What the source says
      are not considered "personal" under this provision merely because they are kept in the school official's office or desk drawer, have not been shared with anyone
      Letter, analysis section

    • Detailed notes recording services to a student are education records.

      What the source says
      detailed or comprehensive notes that record specific clinical, educational or other services provided to a student
      Letter, analysis section
  15. Government Commonwealth Court of Pennsylvania. Parents Against Abuse in Schools v. Williamsport Area School District, 594 A.2d 796 (Pa. Commw. Ct. 1991)

    State appellate decision applying FERPA to a school psychologist's notes.

    Reliability: Published appellate opinion from another state; persuasive, not binding in Washington.

    • A court held federal law gave parents complete access to a school psychologist's notes.

      What the source says
      provide the parents with a complete right of access
      Part III
  16. Industry American School Counselor Association. Ethical Responsibilities FAQs

    The national school counselors' association's guidance to members on records.

    Reliability: Speaks against its own interest. Professional association for school counselors; its guidance concedes parental access against its members' interest in confidentiality.

    • The counselors' association tells members parents have a federal right to see what they write about a child.

      What the source says
      Parents/guardians have a federal right to see anything you write down or record that refers to their child
      FAQ on case notes
  17. Government Seattle Public Schools. Superintendent Procedure 3231SP, Student Records (approved October 29, 2018)

    Seattle's procedure for maintaining and releasing student records.

    Reliability: Procedure of the state's largest school district.

    • Seattle says confidential health records are covered by FERPA, permitting parent review.

      What the source says
      Such records are also covered by the Family Education Rights and Privacy Act, permitting parent access to review and otherwise exercise FERPA rights regarding the records.
      Health records section

    • Seattle names counselors, nurses and psychologists as record custodians.

      What the source says
      Custodians (teacher, counselor, nurse, psychologist)
      Records correction section
  18. Government Northwest Educational Service District 189. Procedure 3231P, Student Records

    A regional records procedure for Northwest Washington schools.

    Reliability: Procedure of a regional educational service district; appears to follow common model wording.

    • Qualifies: The procedure says teens 13 and older control access to their mental health treatment records.

      What the source says
      students thirteen (13) years or older control access to drug, alcohol or mental health treatment records
      Accessibility of records
  19. Government Washington State Legislature. Initiative IL26-001 (filed text)

    The full text of the measure on the ballot.

    Reliability: Official filed text; the measure was written by its sponsors.

    • Qualifies: 001's records list ends with any other student-specific files the school maintains.

      What the source says
      (H) Any other student-specific files, documents, or other materials that are maintained by the public school;
      Sec. 1(3)(b)(iv)(H)
  20. Party to the dispute Let's Go Washington. 101 Lies About I-001 (September 17, 2026)

    The sponsoring committee's response to opposition claims about 001.

    Reliability: Has a stake in this finding. Published by the committee sponsoring 001.

    • Qualifies: The sponsor says 001 broadens the records available and removes the sole-possession exception from the section.

      What the source says
      I-001 broadens the definition of school records available to parents and removes the current sole-possession exception from this section.
      Response on students talking to counselors
  21. Advocacy group The Spokesman-Review. Hickman, Reep and DeFant: Vote yes on Initiative 001 (October 21, 2026)

    Guest opinion by supporters of 001.

    Reliability: Has a stake in this finding. Opinion by 001 supporters; Travis Reep co-signed the Yes argument in the voters' pamphlet.

    • Qualifies: Supporters say 001 gives parents records access they lack under current law.

      What the source says
      It allows parents to access information about their child’s mental, medical, disciplinary or academic records that they aren’t given access to under current law.
      Body of op-ed · Op-ed authors Hickman, Reep and DeFant

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{"@context":"https://schema.org","@type":"ClaimReview","url":"https://facthub.org/n/article/wa-i001-counseling-records-today/1","datePublished":"2026-10-24","dateModified":"2026-10-24","author":{"@type":"Organization","name":"FactHub","url":"https://facthub.org/"},"claimReviewed":"If the initiative passes, those [mental health] documents could be released to parents. Currently, they are shielded.","reviewRating":{"@type":"Rating","alternateName":"Misleading"},"image":"https://facthub.org/node-assets-v2/article/wa-i001-counseling-records-today/1/file-cabinet/social-1200x630.jpg"}

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Technical details: node handle article:wa-i001-counseling-records-today