September 2014
Civil Rights
1. Purpose:
The Equity and Civil Rights Office works to ensure that each student has equal access to public
education without discrimination and receives the legal protections and procedural safeguards to
which they’re entitled by law.
This department promotes the awareness of rights and responsibilities under civil rights laws,
develops tools and resources to facilitate equal access to all school programs and activities, and
monitors and enforces school district and charter school compliance with state and federal civil
rights laws. These laws include Chapters 28A.640 and 28A.642 RCW and 392-190 WAC, Title VI of
the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, and the 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.
Description of services provided:
The Equity and Civil Rights Office carries out the responsibilities required of OSPI under Chapters
28A.640 and 28A.642 RCW and 392-190 WAC to monitor and enforce school district and public
charter school compliance with state civil rights laws, and to eliminate discrimination in Washington
public schools. Services include:
1. Developing and implementing rules and guidelines to eliminate discrimination in public schools;
2. Identifying and addressing discriminatory policies, procedures, and practices within Washington
public schools by conducting compliance reviews and investigating and resolving complaints;
3. Providing clear and effective technical assistance, resources, and support to parents, school
districts, and other stakeholders regarding civil rights and discrimination; and
4. Training school district staff and other stakeholders regarding state and federal civil rights laws,
school district responsibilities, complaint procedures, and OSPI services.
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 students, parents, school district employees, and others.
OSPI’s discrimination complaint procedure, provided under Chapter 392-190 WAC, is available to
anyone 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.
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2.
Number of staff associated with this program/service (indicate where applicable):
Fiscal Year 2014
# of OSPI staff associated with this funding (FTEs):
# of contractors/other staff associated with this funding:
1.3
0
FY 14 Funding State Appropriation:
Fiscal Year
FY14
FY13
Amount
$133,000
$133,000
3.
Are federal or other funds contingent on state funding? No. However, the continued availability
of federal funding to the agency, as well as to individual school districts, is contingent on
compliance with civil rights laws.
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 under this law, the Equity and Civil Rights Office has developed rules
and guidelines, conducts compliance monitoring, and provides ongoing technical assistance and
training to school districts, parents, and others.
Rules and Guidelines
During the 2011–12 school year, OSPI adopted rules and published guidelines to implement
Chapters 28A.640 and 28A.642 RCW regarding discrimination in Washington public schools. 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 better address discriminatory
practices and improve school safety and academic outcomes for Washington students.
Improvements and revisions to the rules and guidelines are ongoing.
Compliance Monitoring
Chapters 28A.640 and 28A.642 RCW require OSPI to monitor school districts’ and charter schools’
compliance with these chapters 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:
1. Investigating and resolving allegations and formal complaints of discrimination;
2. Conducting regular monitoring of all Washington school districts and public charter schools
through compliance reivews and other monitoring methods; and
3. Conducting additional civil rights compliance reviews of school districts and charter schools
when potentially discriminatory policies, procedures, or practices are identified or reported.
Training and Technical Assistance
To proactively address and eliminate discrimination in Washington public schools, 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 four years,
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the Equity and Civil Rights Office has held statewide civil rights trainings for schools, has provided
additional training for school districts when requested, and has presented at numerous
conferences. Increasing training and outreach efforts are ongoing.
6.
When will the project be completed?
OSPI’s requirements under Chapters 28A.640 and 28A.642 RCW, including compliance monitoring,
training, and outreach efforts, are ongoing and no completion date is anticipated.
7.
First year funded? 2010
8.
State funding since inception:
Fiscal Year
FY 14
FY 13
FY 12
FY 11
Amount
$133,000
$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 OSPI’s rules and
guidelines, including changes to the agency’s discrimination complaint procedures.
11.
Future opportunities:
The Equity and Civil Rights Office will continue to revise and improve its rules, guidelines, and
monitoring and complaint procedures to respond to new and challenging issues facing students
and schools, and to help schools ensure that each student has equal access to education without
discrimimation.
Monitoring, training, technical assistance, and outreach efforts that are required under Chapter
28A.642 RCW are ongoing. Not only are these activities required under state law, they are
necessary to avoid adverse consequences for students, school districts, and the agency. The
timeliness and effectiveness of this work impacts, among other things:
1. Whether students experience unlawful discrimimation or receive the educational services and
procedural safeguards to which they are entitled;
2. The continued availability of state and federal funding to the agency and individual school
districts, as compliance with federal and state civil rights laws is necessary to receive state and
federal funds; and
3. Agency and school district exposure to complaints and litigation.
12.
Statutory and/or Budget language:
Budget Proviso: 3ESSB 5034 Sec. 501 (1)(e) - $133,000 of the general fund—state appropriation
for fiscal year 2014 and $133,000 of the general fund—state appropriation for fiscal year 2015 are
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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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