Seattle News

15-02-2026

Washington Senate requires keeping special education records for 20 years

The Washington state Senate unanimously approved a bill requiring the Office of the Superintendent of Public Instruction (OSPI) to retain archives of decisions on complaints related to the education of children with disabilities for 20 years. The initiative was prompted by an investigation by The Seattle Times, which has long served as a watchdog exposing shortcomings in government agencies. Its reporting, as in this case, often directly influences legislative changes by drawing the attention of the public and lawmakers. The investigation found that the agency had shortened the retention period for these important documents from permanent to six years without any public discussion.

These decisions have precedential value. Parents of children with disabilities and their attorneys actively use past cases to understand how similar disputes with schools were resolved. They form the basis for individual education plans for students and for defending the right to receive necessary educational services, which are often a legal obligation of schools. The special education system in the state has historically faced criticism for long backlogs in assessing children’s needs, insufficient funding, and unequal access to services, creating bureaucratic strain. Against that backdrop of chronic problems, decisions like reducing record retention periods may have been motivated by a desire to cut administrative costs, though they raised concerns about accountability.

The bill was introduced by Republican state Sen. Paul Harris immediately after the investigative report was published. At a Senate hearing he said the new law will strengthen transparency and provide families and educators with accessible information through an online portal. Democratic Sen. Lisa Wellman also supported the initiative, noting that a 20-year archive of decisions would be a valuable resource for all state residents, helping them navigate a complex system.

Disability rights advocates had sharply criticized OSPI’s policy earlier, likening the destruction of records after six years to erasing police misconduct files, which hampers the uncovering of systemic violations. Seattle mother of a child with a disability Julie Ganter, who was among the first to raise the issue, thanked Sen. Harris for his support. At the same time, OSPI publicly stated at the hearings that it supports the bill, acknowledging that it would increase accountability in the special education system.

The bill now goes to the Washington House of Representatives. If it is approved there and then signed by the governor, the new rules will take effect 90 days after the end of the current legislative session, which would be roughly mid-June.

Based on: WA Senate votes to require OSPI to keep certain records for 20 years