Discrimination

Addressing Discrimination in Schools

Discrimination is the unfair or unequal treatment or harassment of a person because they are part of a group referred to as a protected class. A protected class consists of people who share common characteristics and are protected from discrimination and harassment under the law. 

Discriminatory harassment is:

• Based on a protected class and
• Serious enough to create a hostile environment

Protected Classes under Washington State Law are:

• Age
• Disability
• Ethnicity
• Gender Expression
• Gender Identity
• Homelessness
• Immigration or Citizenship Status
• National Origin
• Neurodivergence
• Race and Color
• Religion and Creed
• Sex
• Sexual Orientation
• Use of Service Animal
• Veteran or Military Status

When does a hostile environment exist?

A hostile environment exists when the discriminatory harassment is severe, pervasive, or persistent enough to interfere with a student’s ability to participate in or benefit from services, activities, or opportunities that the school or district has offered. Students experiencing a hostile environment can seem sad or angry, more physically ill than usual, get lower grades, or avoid school.

Discriminatory harassment does not need to be directed at a specific person and can include:

• Threats
• Name-calling
• Derogatory jokes
• Physical assault
• Other behavior that is physically threatening, harmful, or humiliating

Gender-Inclusive Schools: Rights and Protections

Washington public schools must provide a safe, respectful, and inclusive learning environment for all students, regardless of gender identity or gender expression.

The Office of Superintendent of Public Instruction’s Gender-Inclusive Schools Guidance specifies:

• Students must be addressed by their requested name and pronouns, even if records have not been legally changed.

• Students have the right to use restrooms and locker rooms consistent with their gender identity.

• Dress codes must be gender-neutral and applied consistently to all students.

• School staff must keep a student’s transgender or gender-expansive status confidential, unless the student authorizes disclosure.

These rights are protected under Washington law (RCW 28A.642 and WAC 392-190) and outlined in OSPI’s Gender-Inclusive Schools guidance.

When is the school district responsible?

A district must take steps to address discriminatory harassment when it knows or reasonably should have known it is happening. If it is happening in class, in the hallways, at recess or on the bus and is witnessed by school staff, those staff should report it to the principal so the school can respond effectively.

Districts must also amend any of their policies that could have the unintended effect of discriminating against a student or group of students based on their protected class.

The civil rights coordinator must ensure the district completes a prompt and thorough investigation once a written complaint is received. While the investigation is ongoing, you may ask the school to put supportive measures in place (for example: schedule changes, academic support, increased staff supervision, counseling). 

The district must complete the investigation within 30 calendar days unless you agree to a different time period or when exceptional circumstances exist. If extended, the district must notify you in writing with the reason and a new anticipated response date. Retaliation is prohibited. State and federal law protect people from being mistreated or punished for speaking up about discrimination, filing a complaint, or participating in an investigation. See OSPI's Complaints and Concerns About Discrimination.

How do I know if it is discrimination or something else?

You might find it difficult to figure out if the problem that your child is experiencing is because of discrimination or something else. If your child falls into one of the protected classes, has experienced a hostile environment, and the school has not addressed the issue, consider these questions:

• Why do I think this problem is happening?
• Why does my child think this problem is happening?
• Why does my child’s teacher think this problem is happening?
• Has this problem happened to anyone else? Why?

If your child is experiencing discrimination, share that with the district so that staff can investigate and respond appropriately.

Things to Think About Before Meeting with the School or District

• Write down everything that you or your child can remember about the incident(s), such as the date(s), time(s), and people involved. Bring your written notes to meetings with the school or district
• Consider what your child and the school needs to resolve this situation. Think about:
  • What changes would need to happen to address the school climate or culture so that this behavior did not repeat for your child or other students?
  • What supports might staff and/or other students need to make school more welcoming of everyone?
  • What does your child need to feel safe and comfortable at school? Think about how to address not just the individual incident, but also the school climate or culture. One tool might be a safety plan to ensure that the accused harassers will not be in the same classroom or area.
• Individual discipline of students might be appropriate, but often this kind of action will not end the hostile environment or prevent harassment from happening again.

Read more: Office of the Superintendent of Public Instruction, Equity and Civil Rights (June 30, 2016). Complaints about Discrimination: https://ospi.k12.wa.us/policy-funding/equity-and-civil-rights.

Next Steps

After pursuing an informal resolution meeting with the school or district, families might consider filing a formal complaint:

OPTIONS FOR FILING FORMAL COMPLAINTS

School Districts:

You can file a complaint directly with the school district via the school principal or the district’s civil rights coordinator. For more information visit your school district website.

Washington State Office of the Superintendent of Public Instruction Office of Equity & Civil Rights

OSPI Office of Equity & Civil Rights will consider complaints about discrimination, discriminatory harassment, and sexual harassment once the school district complaint options have been pursued. For more information: https://ospi.k12.wa.us/policy-funding/equity-and-civil-rights/complaints-and-concerns-about-discrimination

U.S. Department of Education Office for Civil Rights (OCR)
OCR enforces federal civil rights that prohibit discrimination in programs or activities based on race, color, national origin, sex, disabilities, and age. For more information: https://www.ed.gov/about/ed-offices/ocr

Washington State Human Rights Commission (WSHRC)
WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. For more information: https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US

U.S. Department of Justice (DOJ), Educational Opportunities Section
DOJ enforces federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and religion in public schools. For more information: https://www.justice.gov/crt/educational-opportunities-section

Footnotes/Resources:

3 WAC 392-190 (School districts must adopt and implement complaint and appeal procedures to investigate and resolve allegations of unlawful discrimination and discriminatory harassment.)
4 Districts may also adopt an informal complaint procedure but when using that informal procedure, districts must notify complainants of the right to file a formal complaint. WAC 392-190-065.
5 https://ospi.k12.wa.us/policy-funding/equity-and-civil-rights/information-families-civil-rights-washington-schools
6 Human Rights Commission https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US
7 https://www.ed.gov/about/ed-offices/ocr
8 Educational Opportunities Section https://www.justice.gov/crt/educational-opportunities-section