School in Session: Key Legal Updates for Public Schools for the 2024-2025 School Year

School District Law Update

As we head into the 2024-2025 school year, public schools in Washington State are facing several important legal changes that will reshape the educational landscape. From new regulations on recess policies, student discipline, and protections for breastfeeding employees, these updates reflect an evolving approach to education and employee rights. Here’s what you need to know to stay informed and compliant.

Updates on Recess as Discipline

On April 23, 2024, the Office of Superintendent of Public Instruction (OSPI) released new guidelines about student recess. In Washington, all K-6 students are guaranteed 30 minutes of recess each day. This recess should ideally be outside and before lunch. Importantly, recess cannot be used as a punishment (except in cases of immediate safety concerns) or as a way to address academic issues. School administrators need to carefully plan safety measures and academic support to ensure that recess access is not unfairly restricted.

Expanded Building Administration Emergency Discipline Rules

In August 2024, OSPI introduced emergency rules updating Chapter 392-400 WAC on student discipline. These rules are effective immediately, with permanent rules expected by the 2025–26 school year.

Among other changes, the new rules clarify the meaning of “classroom exclusion” and define “discretionary” and “non-discretionary” discipline. A key change is that any discretionary discipline leading to classroom exclusion must prioritize the judgment of qualified teachers about what’s needed to maintain an effective learning environment. This aims to support and empower teachers when dealing with disruptive students.

PUMP Act for Public School Districts: Protecting the Rights of Breastfeeding Employees

Washington State laws protect the rights of breastfeeding employees, including teachers and nurses, for up to two years after childbirth. Schools must provide:
• Reasonable break times for expressing breast milk whenever needed during this two-year period
• A private space, other than a bathroom, for expressing milk if such a space is availabl
• If no space is available, the employer must help find a suitable location and adjust the work schedule as needed.
Starting April 28, 2023, the federal government updated the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, extending its protections to all breastfeeding employees, including those in education. The PUMP Act largely mirrors Washington laws, except that the protections extend only one year, rather than two.

In addition to the PUMP Act, the federal Pregnant Workers Fairness Act (PWFA) requires employers to accommodate needs related to pregnancy, childbirth, and related conditions. The Equal Employment Opportunity Commission (EEOC) includes lactation under these accommodations. For education employees, the EEOC views the PUMP Act as part of these reasonable accommodations.

The U.S. Department of Labor’s Wage & Hour Division (WHD) has provided specific guidelines for schools. Key points include that a district may not require a teacher to limit breaks to certain times of the day such as lunch or recess. However, schools and teachers can agree on a fixed schedule for breaks if needed, with teachers having the flexibility to adjust it based on their needs.

Coming in 2025

LGBTQ+ Mandatory Training/Inclusive Curriculum

Starting in 2025, OSPI will develop a model policy requiring public school districts to adopt inclusive curricula and instructional materials. These materials must reflect the histories, contributions, and perspectives of historically marginalized or underrepresented groups. Research shows that inclusive curricula can improve mental health, academic performance, attendance, and graduation rates for these communities.

By June 1, 2025, OSPI will draft a policy that includes diverse, age-appropriate instructional materials covering various racial, ethnic, and religious backgrounds, as well as people with different learning needs, disabilities, LGBTQ+ individuals, and those from different socioeconomic and immigration backgrounds. School districts must implement their own policies by October 1, 2025.

The Peterson Russell Kelly Livengood team is here to help you navigate these new laws and requirements. Contact us at 425.462.4700.

Firm Contacts: