Guidance for Washington Schools Regarding Discrimination Related to COVID-19

Washington Office of Superintendent of Public Instruction sent this bulletin at 03/06/2020 10:42 AM PST

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Guidance for Washington Schools Regarding Discrimination Related to COVID-19

For many school districts in Washington, preparing for and responding to concerns about COVID-19 (Coronavirus) has been a challenging task over the past two weeks. With increased fears of a new, unfamiliar virus, there has been an increasing number of reports regarding stereotyping, harassment, and bullying directed at persons perceived to be of Chinese American or, more generally, Asian descent, including students.

As shared by the CDC, stigma and discrimination can occur when people associate an infectious disease, such as COVID-19, with a population or nationality, even though not everyone in that population or from that region is specifically at risk for the disease (for example, Chinese Americans and other persons of Asian descent living in the United States). The Equity and Civil Rights Office at the Office of Superintendent of Public Instruction (OSPI) is issuing this newsletter to remind school district civil rights compliance coordinators of their responsibility to respond to any bullying or harassment related to such discrimination.

Intentionally and persistently combat stigma

As new information emerges, please remind your community that the risk of COVID-19 is not at all connected to race, ethnicity, or nationality. Stigma will not help to fight the illness. Sharing accurate information during a time of heightened concern is one of the best things we can do to keep rumors and misinformation from spreading.

When preparing for a potential COVID-19 outbreak, school officials must not rely on assumptions or stereotypes related to race, color, or national origin in identifying students, families, or employees who may have recently traveled to a country with widespread transmission of COVID-19 or who may otherwise be at risk of infection.

Bullying and harassment related to COVID-19 may be discrimination

School officials should be mindful that bullying, intimidation, or harassment of students based on actual or perceived race, color, national origin, or disability may result in race- or disability-based harassment that violates state and federal civil rights laws. School districts must take immediate and appropriate action to investigate or otherwise determine what occurred when responding to reports of bullying or harassment of students based on actual or perceived race, color, national origin, or disability (including the actual disability of being infected with COVID-19 or perception of being infected).

If an investigation reveals that the actual or perceived race, color, national origin, or disability created a hostile environment—that is, the conduct was sufficiently serious to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school—the school must take prompt and effective steps reasonably calculated to end the bullying or harassment, eliminate any hostile environment, prevent the bullying or harassment from recurring, and, as appropriate, remedy its effects.

Civil rights compliance coordinators must be responsive to questions and complaints about discrimination

OSPI encourages families with questions or concerns about possible discrimination to contact their school district’s designated civil rights compliance coordinator. If concerns about possible discrimination are raised in your school district, including discrimination related to the COVID-19 outbreak, be sure to respond promptly and in accordance with your district’s nondiscrimination policy and procedure.

Guidance and assistance

Please visit OSPI’s Novel Coronavirus (COVID-19) Guidance & Resources webpage for guidance and additional information. This guidance includes important considerations regarding students with disabilities for school districts engaging in contingency planning.

For questions about civil rights compliance, please contact OSPI’s Equity and Civil Rights Office at 360-725-6162, 360-664-3631 (TTY), or equity@k12.wa.us. Information about discriminatory harassment and discrimination complaints is available on OSPI’s Equity and Civil Rights webpage.

The U.S. Department of Education Office for Civil Rights (OCR) has a Letter to Education Leaders on Preventing and Addressing potential discrimination associated with COVID-19. OCR also has relevant guidance regarding how schools can protect civil rights during an outbreak: see the U.S. Department of Education Office of Civil Rights (OCR) Fact Sheet released during the 2014 Ebola outbreak.

ALL STUDENTS PREPARED FOR POST-SECONDARY PATHWAYS, CAREERS, AND CIVIC ENGAGEMENT.
Led by State Superintendent Chris Reykdal, OSPI oversees K-12 public education in Washington state. Our mission is to provide funding, resources, tools, data and technical assistance that enable educators to ensure students succeed in our public schools, are prepared to access post-secondary training and education, and are equipped to thrive in their careers and lives.

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OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal by a person with a disability. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6162 (TTY: 360-664-3631), equity@k12.wa.us.