September 2013
1.
Purpose:
The Equity and Civil Rights Office promotes understanding of rights and responsibilities under civil rights laws, develops tools and resources to build systems that facilitate equal access to all programs and activities in Washington K-12 public schools, and monitors and enforces school district compliance with state and federal civil rights laws, including:
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Chapter 28A.640 RCW
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Chapter 28A.642 RCW
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Chapter 392-190 WAC
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Title VI of the Civil Rights Act of 1964
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Title IX of the Education Amendments of 1972
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Section 504 of the Rehabilitation Act of 1973
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Boy Scouts of America Equal Access Act
Combined, these laws prohibit discrimination of students, employees, and others in Washington public schools on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, veteran or military status, disability, or the use of a trained dog guide or service animal by a person with a disability and require equal access to the Boy Scouts and other designated youth groups.
Description of services provided:
The Equity and Civil Rights Office carries out the responsibilities required of OSPI under Chapter
28A.640 and 28A.642 RCW to monitor and enforce school district compliance with state civil rights laws, and to develop rules and guidelines to eliminate discrimination in Washington public schools.
The Equity and Civil Rights Office provides civil rights monitoring and technical assistance services for parents, students, employees, and school districts throughout the state with a focus on:
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Conducting compliance reviews and other monitoring of local school districts
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Providing clear and effective technical assistance, resources, and support to parents, school districts, and other stakeholders regarding civil rights and discrimination in schools
Developing, implementing, and revising rules and guidelines to eliminate discrimination in public schools
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Responding to allegations of discrimination by students, parents, employees, and others and facilitating resolutions with school districts
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Identifying and addressing potential discriminatory policies, procedures, and practices within
Washington school districts by conducting compliance reviews, reviewing information and data, and recommending corrective action.

Training school districts and other stakeholders regarding state and federal civil rights laws, school district responsibilities, complaint and appeal procedures, and OSPI services.
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Criteria for receiving services:
The services provided by the Equity and Civil Rights Office are available to anyone seeking information, technical assistance, or to file a complaint regarding civil rights or discrimination in
Washington K-12 public schools, including but not limited to students, parents, school district employees, school districts.
The discrimination complaint and appeal procedure provided under Chapter 392-190 WAC is available to anyone who is alleging that a school district has engaged in discrimination based on sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, veteran or military status, disability, or the use of a trained dog guide or service animal by a person with a disability.
2. Number of staff associated with this program/service (indicate where applicable):
Fiscal Year 2013
# of OSPI staff associated with this funding (FTEs): 1.3
# of contractors/other staff associated with this funding: 0
FY 13 Funding: State Appropriation: $133,000
3. Are federal or other funds contingent on state funding? NO
4. Is continued funding needed in the next biennium? YES
5. What is the current status of this program’s implementation?
E2SHB 3026 was passed by the Washington State Legislature in 2010, and was codified as Chapter
28A.642 RCW. As required to implement this law, the Equity and Civil Rights Office has developed rules and guidelines for school districts, regularly conducts compliance monitoring, and provides ongoing technical assistance and training to school districts, parents, and others.
Rules and Guidelines
Under RCW 28A.642.020, OSPI was required to develop rules and guidelines to eliminate discrimination in Washington public schools. In May 2011, OSPI adopted administrative rules, and in February 2012, adopted guidelines to implement Chapters 28A.640 and 28A.642 RCW. The
Equity and Civil Rights Office is currently in the process of revising these rules and guidelines to provide more effective guidance and complaint options, and to improve outcomes for children and youth. Improvements and revisions to the rules and guidelines are ongoing.
Compliance Monitoring
Chapter 28A.642 RCW requires OSPI to monitor school districts’ compliance with this chapter and gives OSPI the power to enforce and obtain compliance. The Equity and Civil Rights Office accomplishes this through a variety of ongoing methods, including:
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Providing a complaint and appeal procedure to resolve allegations of discrimination
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Collecting, reviewing, and analyzing data and other information
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Responding to allegations of discrimination by students, parents, employees, and others and facilitating resolutions
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Conducting regular compliance reviews of all Washington school districts through the OSPI
Consolidated Program Review
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
Reviewing annual assurances and reports submitted by school districts
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Conducting additional civil rights compliance reviews of school districts when potentially discriminatory policies, procedures, or practices are identified or reported
Training and Technical Assistance
To ensure OSPI and school district compliance with Chapter 28A.642 RCW, WAC 392-190-082 requires OSPI to conduct trainings and outreach activities to inform school districts, parents, and other stakeholders about OSPI’s discrimination complaint procedures. The Equity and Civil Rights
Office strives to provide clear and effective technical assistance, training, and resources to school districts, parents, students, and others regarding civil rights protections, school district responsibilities, complaint procedures, and OSPI services. Over the past three years, for example, the Equity and Civil Rights Office has held statewide civil rights trainings for school districts, has provided training for school districts when requested, and has presented at numerous conferences. Training and outreach efforts are ongoing.
6. When will the project be completed?
Compliance monitoring, training, and outreach efforts that are required under Chapter 28A.642
RCW are ongoing.
While the Equity and Civil Rights Office anticipates revising our rules, guidelines, and complaint process by September 2014, the office will continue to make improvements to these rules, guidelines, and procedures to respond to new and challenging issues facing students and schools, and to keep school districts compliant with the ever-changing landscape in civil rights law.
7. First year funded? 2010
8. State funding since inception:
Fiscal Year
FY 13
FY 12
FY 11
Amount
$133,000
$133,000
$133,000
9. Programmatic changes since inception (if any): N/A
10. Major challenges faced by the program:
Due to the passage of E2SHB 3026 in 2010, the Equity and Civil Rights office has experienced a significant increase in workload, including increasing requests for technical assistance and training, and a surge in administrative appeals and compliance reviews.
Additional increases in workload are expected due to upcoming revisions, implementation, and enforcement of the required state complaint process, and additional revisions to OSPI’s administrative rules and guidelines to better implement Chapters 28A.640 and 28A.642 RCW.
11. Future opportunities:
The Equity and Civil Rights Office will continue to revise and improve our rules, guidelines, and monitoring and complaint procedures in an effort to improve outcomes for students, to respond
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to new and challenging issues facing students and schools, and to keep school districts compliant with the ever-changing landscape in civil rights law.
Monitoring, training, technical assistance, and outreach efforts that are required under Chapter
28A.642 RCW are ongoing. Not only are these activities required under Chapters 28A.640 and
28A.642 RCW, they are necessary to avoid adverse consequences for students, school districts, and OSPI. The timeliness and effectiveness of this work impacts, among other things:
(1) Whether students statewide receive the educational services and procedural safeguards to which they are entitled;
(2) The continued availability of state and federal funding to the agency as well as individual school districts, as compliance with federal and state civil rights laws is necessary to receive state and federal education funds; and
(3) Agency and school district exposure to complaints and costly litigation filed on behalf of students, employees, or others who allege discrimination in violation of state and federal law.
12. Statutory and/or Budget language:
Budget Proviso: E2SHB 1087, Sec. 501 (1)(e) - $133,000 of the general fund--state appropriation for fiscal year 2012 and $133,000 of the general fund—state appropriation for fiscal year 2013 are provided solely for the implementation of Chapter 28A.642 RCW (chapter 240, Laws of 2010), including staffing the Equity and Civil Rights Office.
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