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As a new school year fast approaches, 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 you and your team are prepared to respond promptly if concerns of possible discrimination arise during the school year. Below are a few notices and 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.
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Complaints regarding employment discrimination and retaliation against employees. As of January 2021, in most cases, OSPI is not opening investigations into complaints of employment discrimination or retaliation against an employee. OSPI’s decision to use its discretion in this way is based on multiple factors, including the role and expertise of other state and federal agencies in investigating and resolving employment discrimination and retaliation complaints.
This change in OSPI’s process does not impact school districts’ and charter schools' obligations and procedures for responding to complaints regarding employment discrimination and retaliation. However, OSPI recommends districts and charter schools ensure employees with concerns are notified of other agencies that investigate employment discrimination and retaliation complaints, including the Washington State Human Rights Commission and the U.S. Equal Employment Opportunity Commission.
For more guidance, visit OSPI’s Responding to Discrimination Complaints and Complaints & Concerns about Discrimination webpages.
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 school year, 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.
OSPI is building a language access technical assistance program, and we are recruiting for a Language Access Program Supervisor. This position will provide training and technical assistance to school districts and charter schools on how to provide meaningful language access for families and community members for culturally responsive, systemic family engagement. Use this link to apply. Recruitment closes August 30, 2021.
Please contact us for technical assistance!
360-725-6162 | equity@k12.wa.us
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