Addressing artificial intelligence, student discipline, and surveillance in public schools.
Substitute Senate Bill 5956 (Washington, 2026) has passed the Senate (35–13) but has not been enacted. It was returned by resolution from the House to the Senate Rules Committee for third reading. If enacted, it would limit AI, automated decision systems, and surveillance technology in K–12 public schools, including charter and state-tribal compact schools (Secs. 11, 12). Sec. 3 would bar an automated decision system from being the sole or determinative basis for any student discipline-related decision. It would also bar emergency removal, suspension, expulsion, law enforcement referral, or alternative placement based solely on an automated prediction or score, or on surveillance data without independent human investigation and context. Discipline decisions would stay subject to anti-discrimination and due process requirements. Sec. 4 would prohibit districts from using an automated system as the sole or determinative basis to generate student "risk scores" that predict misconduct, gang affiliation, criminal behavior, or violence. It would also prohibit watchlists of students based wholly on such systems, and contracts with vendors that require or authorize those activities. Sec. 5 would bar districts from using biometric data to infer students' emotional states, mental health, sexual orientation, gender identity or expression, or similar characteristics. Exceptions: voluntary adult employee access, uses required by federal law (not for discipline), and engagement measures used solely for educator professional development. Sec. 6 would limit disclosure of student personal information from AI, automated decision, or surveillance tools to law enforcement. Disclosure would be allowed only when required by law or court order, or for an imminent likelihood of serious physical harm, limited to the minimum necessary. Sec. 7 preserves districts' authority to discipline and their records retention duties. It also allows analysis of nonbiometric behavior information to guide supportive interventions. Sec. 8 amends RCW 43.386.080 to bar school districts from using facial recognition services for ongoing surveillance, real-time identification, or persistent tracking of students. Sec. 9 directs the Office of the Superintendent of Public Instruction to update its human-centered AI guidance during its regular review cycle, in consultation with affected communities. Sec. 10 requires the Washington State School Directors' Association to develop a model policy and procedure by February 1, 2027, and post it free on its website. Sec. 13 creates the new Title 28A RCW chapter from Secs. 1–7.
Status history
Current status as of 2026-02-10
Engrossed
2026-02-10
observed 2026-08-26
Impact areas
- AI Policy
- Privacy & Data Protection
- Education
- Public Sector Use
- Algorithms & Automated Decisions