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With the start of the new school year, the OSPI Equity and Civil Rights team wants to remind you that we are available to support schools' anti-discrimination work with resources and technical assistance. Visiting the Equity and Civil Rights website is always a good starting place when looking for information related to school districts' and charter schools' responsibilities under civil rights laws.
You are also welcome to reach out to us for technical assistance by phone at 360-725-6162 or email by at equity@k12.wa.us.
Be sure your school district is prepared to respond promptly if concerns of possible discrimination arise during the school year. Below are a few reminders for designated coordinators on managing your school district’s or charter school's response to discrimination complaints.
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Use your procedures. If your district receives a complaint possibly alleging discrimination or harassment based on a protected class, refer to your district’s nondiscrimination and sexual harassment policies. Remember to use these procedures even if the complaint is initially brought to the district as a HIB complaint or a complaint against a staff member.
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Conduct a neutral investigation. When a school district receives a discrimination complaint, the district must conduct a prompt, thorough, and impartial investigation. An impartial investigation does not require hiring a third-party investigator, but it does mean the investigator should not have a conflict of interest. Conflicts of interest that should be avoided include investigations conducted by an individual who was directly involved in the facts of the complaint or who has an attorney–client relationship with the school district.
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Copy OSPI on district and school board decisions. Chapter 392-190 WAC requires school districts to send a copy of their response to discrimination complaints to OSPI at the time the school district responds to the complainant. Please send your responses by email to equity@k12.wa.us.
For more guidance, visit OSPI’s Responding to Discrimination Complaints and Complaints & Concerns about Discrimination webpages.
One of the most common issues with civil rights compliance occurring now is schools not recognizing discrimination concerns that are raised in bullying complaints. An instance of bullying may be addressed through the Harassment, Intimidation, and Bullying (HIB) complaint procedures, but a HIB response alone may not be enough. Compared to HIB, discrimination complaints require different procedures, appeal rights, analytical frameworks, response timelines, and remedies. Also, a HIB response alone may not focus on the broader impact discrimination can have in the school community.
If allegations in a HIB complaint suggest the conduct was motivated by protected class, the HIB Coordinator must promptly notify and work closely with the Civil Rights Coordinator to assess the complaint for civil rights implications. The Civil Rights Coordinator must then determine whether additional investigation and response is necessary under the district’s Nondiscrimination Policy and Procedure (WSSDA’s 3210/3210P or equivalent).
Examples of HIB allegations that must also be investigated as discrimination include:
- Racial slurs or other derogatory words
- Mocking or teasing a person about their disability
- Hateful symbols or messages in graffiti toward groups based on religion
- Chants or taunts based on ethnic stereotypes at sporting events
- Spreading rumors on social media about or “outing” someone’s gender identity or sexual orientation
KEY TAKE-AWAY: When a HIB complaint or investigation suggests the conduct may be based on a protected class, your school district must proceed with both its HIB and discrimination complaint procedures. For more guidance, visit OSPI’s Discriminatory and Sexual Harassment webpage.
Visit the OSPI Equity and Civil Rights website for information, resources, and FAQs on common civil rights topics, including:
Designated civil rights, Section 504, and Title IX coordinators should also review the sample job descriptions and self-guided training plans.
For school districts and charter schools preparing for Consolidated Program Review (CPR), the Consolidated Program Review Civil Rights webpage includes tips and resources for each item in the review. The CPR checklist can also be a helpful tool for any school or district looking for a checklist for civil rights requirements as they monitor their own compliance.
This fall, the Equity and Civil Rights Office plans to host a series of free virtual trainings. More information on training topics and dates will be announced soon.
In the meantime, previously recorded webinars are available:
Please contact us for technical assistance!
360-725-6162 | equity@k12.wa.us
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