These provisions of the Washington Administrative Code are now in effect. The enactment of procedures to comply with these rules will require community and school leaders to work together and figure out how this can be best addressed. This is a volatile subject, but public concern must be expressed without threats of violence. There is a way to work this out.

WAC 162-28-030 Schools are places of public accommodation.

(1) All public and private schools and other educational facilities in the state of Washington, except those operated or maintained by a bona fide religious or sectarian institution, are “places of public resort, accommodation, assemblage or amusement” for purposes of the Washington state law against discrimination, chapter 49.60 RCW.

WAC 162-32-010 General purpose and scope.

This chapter interprets and implements the sexual orientation and gender expression and gender identity discrimination protections of RCW 49.60.030, 49.60.180, and 49.60.215 and provides guidance regarding certain specific forms of sexual orientation and gender expression and gender identity discrimination.

WAC 162-32-060   Gender-segregated facilities.

(1) Facility use. All covered entities shall allow individuals the use of gender-segregated facilities, such as restrooms, locker rooms, dressing rooms, and homeless or emergency shelters, that are consistent with that individual’s gender expression or gender identity.

In such facilities where undressing in the presence of others occurs, covered entities shall allow access to and use of a facility consistent with that individual’s gender expression or gender identity.

(2) Cannot require use inconsistent with gender expression or gender identity. A covered entity shall not request or require an individual to use a gender-segregated facility that is inconsistent with that individual’s gender expression or gender identity, or request or require an individual to use a separate or gender-neutral facility.

(a) If another person expresses concern or discomfort about a person who uses a facility that is consistent with the person’s gender expression or gender identity, the person expressing discomfort should be directed to a separate or gender-neutral facility, if available…