The Risks of Letting the State Out of Court in Washington State

Washington seems to have avoided a dangerous bill in the legislature which would have forced families into arbitration to bring claims of school abuse under the guise of tort reform. Washington Senate Bill 6239 was put forward as a measure to streamline lawsuits against government actors and protect public budgets.

But beneath the promise of efficiency lies an arbitration requirement as an additional procedural step before a jury trial may occur, prolonging suffering by victims and potentially prohibiting the case from proceeding to a jury. Where jury trials are held in the open, arbitration is often held behind closed doors, and with very few protections or opportunities for appeal. This means patterns of institutional negligence could remain hidden and public oversight of wrongdoing could be erased in favor of an arbitration scheme.

Luckily, SB 6239 did not advance when the legislative session ended on March 12, 2026. So, Washington students will not be forced into arbitration to seek redress of school claims until at least the next legislative session, which is scheduled to begin January 2027.