Washington State Legal, Legislative and Policy Links

Relevant Laws in Washington State with Toll-free Legislative Hotline Number, and Your District's Policies and Procedures. (pdf file)

2012 Legislative session - Bills to watch
Laws
Legislature
State Agencies charged with upholding/supporting these laws
Other Agencies, Organizations
Tools & Handouts
School Districts' Documents:
Your District's Policies and Procedures
Local Examples of Best Practices
Take This QUIZ About Washington State Law:

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Prohibiting Discrimination in Washington Public Schools - Guidelines for School Districts to Implement Chapters 28A.640 and 28A.642 RCW and Chapter 392-190 WAC - These guidelines constitute the Office of Superintendent of Public Instruction's (OSPI) interpretation of chapters 28A.640 and 28A.642 of the Revised Code of Washington (RCW) and chapter 392-190 of the Washington Administrative Code (WAC) and are provided to support school districts' understanding of their obligations under these laws. If you have any questions, contact OSPI's Equity and Civil Rights office at (360) 725-6162/TTY:(360) 664-3631 or by e-mail at equity@k12.wa.us.

The guidelines include information on the following topics:
Counseling and guidance services
Textbooks and instructional materials
Access to course offerings and school programs, including topics related to school enrollment, English Language Learners, translation and interpretation services, students with disabilities, students and service animals, school district online programs, single-sex classes, student discipline, religion, gender identity and gender expression, and pregnant and parenting students
Discriminatory harassment
Sexual harassment
Recreational and athletic activities
Employment discrimination and affirmative action
Procedural requirements
Discrimination complaint and appeal procedures
OSPI monitoring and enforcement

Here is how the final Washington State 2011 budget came out:

Youth Suicide Prevention Program, at the Department of Health: $118,000 per year (was funded at $170,000 per year in previous biennia)

Youth Suicide Prevention, at OSPI: $70,000 per year, each year of the biennia, for youth suicide prevention work (this is new funding) PLUS $60,000 in the first year of the biennia, one time only for preliminary work on curricula

HB 1163, anti-bullying advisory committee support: $52,000 for the biennia

2012 Legislative session

Stay tuned; this section gets updated only during the legislative session starting each January.

Laws

Discrimination against students

Law: RCW 28A.642.010

Rules: WAC 392-190-005 (more details here)

Guidelines:
Guidelines for schools from OSPI

Washington State Law re: Harassment, Intimidation & Bullying in Public Schools (pdf file)

Washington State Law re: Elimination of unlawful discrimination in public schools (pdf file)

Discrimination against employees

Law: RCW 49.60

Rules: WAC 162-16-200

Sexual Orientation/Gender Identity Questions

Note:

The law prohibits discrimination on the bases of, among many other characteristics, sexual orientation and gender expression or identity. It is a little confusing because it conflates those things, inaccurately defining sexual orientation as including gender expression and identity, but the protection is there.

Harassment, intimidation & bullying

Law: RCW 28A.300.285

Rules: WAC 392-190-059

OSPI & WSSDA Model Policy

OSPI & WSSDA Model Procedure

Note:

The law says that all districts must adopt policies and procedures that are at least this protective as these models, above.

Note:

The law also established a work group on anti-bullying and anti-harassment to both help maintain focus and attention on, as well as monitor progress of implementation of harassment, intimidation and bullying prevention and intervention efforts.

Note:

A document with contact information for Harassment, Intimidation, Bullying (HIB) Compliance Officers in the State's school districts is linked from this page.

Sexual health education

Law (AIDS Omnibus Act, relating to AIDS ed): RCW 28A.230.070

Law (Healthy Youth Act, relating to sex ed): RCW 28A.300.475

Guidelines (required standards under the Healthy Youth Act): here

Note:

The law requires that sexual health education must be appropriate for all students regardless of, among other characteristics, sexual orientation (which other WA laws define as including gender expression and identity).

Note:

The law also says that sexual health education must be medically and scientifically accurate, must include abstinence and risk-reduction information, and must be consistent with the 2005 Guidelines for Sexual Health and Disease Prevention.

Legislature

Toll-free Legislative Hotline: 1-800-562-6000 (TTY 1-800-635-9993)
Washington State Legislature: http://www.leg.wa.gov/legislature
Find out who your legislators are: http://apps.leg.wa.gov/DistrictFinder/
Search for WA State bill information here: http://apps.leg.wa.gov/billinfo/

State Agencies charged with upholding/supporting these laws

Office of the Superintendent of Public Instruction (OSPI, the department of education): 360-725-6000 (TTY 360-664-3631)

Equity & Civil Rights: 360-725-6162
School Safety Center: 360-725-6044
HIV & Sexual Health Education: 360-725-6364

Office of the Education Ombudsman

Web Site: www.governor.wa.gov/oeo
Phone: 1-866-297-2597 (Phone interpreter services available)

Washington State Human Rights Commission

Web Site: www.hum.wa.gov
Phone: 1-800-233-3247 (TTY: 1-800-300-7525) -- Se habla Español

Other Agencies, Organizations

Safe Schools Coalition

Intervention Team: For help with homophobic and transphobic harassment in Washington State schools.
1-877-SAFE-SAFE (1-877-723-3723) or intervention@safeschoolscoalition.org

Law & Policy Work Group: For technical assistance to administrators, school boards, legislators and student or parent activists. 206-451-SAFE (7233) or questions@safeschoolscoalition.org

Speakers' Bureau: For workshops for students and professional development for educators. 206-451-SAFE (7233) or training@safeschoolscoalition.org

ACLU of Washington:

Volunteer counselors answer calls on the ACLU Intake and Referral Line at 206.624.2180, from 10:00—2:00, Monday through Thursday.

Equal Rights Washington:

206-324-2570; Info@equalrightswashington.org

Lambda Legal:

Western Regional office: 213-382-7600; Washington State contact: Tara Borelli - TBorelli@lambdalegal.org

League of Women Voters of Washington and Greater Seattle

Legal Voice:

(formerly Northwest Women's Law Center): 206-621-7691; Toll Free: 866-259-7720; TTY: 206-521-4317

SEAMEC:

a non-partisan organization that evaluates political candidates (including school board candidates in some King County districts) on issues of interest to the LGBT community.

SNOMEC:

nonpartisan organization that rates candidates for political office in Snohomish and Island Counties on their knowledge of, record of proven activism for, and commitment to the concerns of the GLBT communities.

Washington Interscholastic Activities Association

(See their excellent support for transgender and gender variant students here (pdf file) -- p 45-46.

Tools & Handouts

(mostly PDF files)

An Administrator's Guide to Handling Anti-Gay (LGBTQ) Harassment from the Safe Schools Coalition:

United States | United Kingdom

Bullying at School (What a Family Can Do) from the Office of the Education Ombudsman:

An Educator's Guide to Intervening in Anti-Gay (LGBTQ) Harassment from the Safe Schools Coalition:

Washington | United States | United Kingdom

An Educator's Guide to Surviving Anti-Gay Harassment from the Safe Schools Coalition:

United States | United Kingdom

Employment Discrimination memo

from Legal Voice (formerly Northwest Women's Law Center): this guide outlines relevant federal laws (passed by Congress); state laws (passed by the state legislature in Olympia); and local laws (passed by cities or counties) and directs you to the agency that enforces each law (with deadlines for complaining).

A Family's Guide to Handling Anti-Gay (LGBTQ) Harassment from the Safe Schools Coalition:

Washington | United States | United Kingdom | Spanish

How Does a School District Work? (A Guide for Families) from the Office of the Education Ombudsman:

How to be an Education Advocate:

A tool for parents from the Office of the Education Ombudsman. English - Spanish

How to Make a Complaint of Unlawful Discrimination With Your School District - from OSPI (the Washington State Office of the Superintendent of Public Instruction). "OSPI is the agency responsible for overseeing K-12 public education in Washington state. Within OSPI, the Equity and Civil Rights Office provides technical assistance to school districts, parents and students with issues related to state and federal nondiscrimination laws." http://www.k12.wa.us/Equity/Flyers.aspx
Understanding How to Make a Complaint of Unlawful Discrimination With Your School District (PDF format) is a two-page, full-color flyer that schools and districts can distribute to parents. The flyer is available in several languages:
English | Cambodian | Chinese | Korean | Punjabi | Russian | Somali | Spanish | Tagalog | Vietnamese
The flyer answers these frequently asked questions:

What is Discrimination?

What is a Protected Class?

What should I do if I believe my child is being discriminated against?

Who can I contact for help?

What if I can't resolve the problem with the School?

What if I don't agree with the decision?

How do I file an appeal?

What will OSPI do?

Know Your Rights: A Guide for Public School Students in Washington:

This document from ACLU summarizes the current laws governing students' life in Washington's public primary and secondary schools.

The Legal Rights of Registered Domestic Partners in Washington State:

This brochure from Legal Voice (formerly NW Women's Law Center) provides general information on the rights and responsibilities of registered domestic partners.

Parents' Guide to Public School Discipline in Washington:

This guide from ACLU provides nuts-and-bolts advice for parents and guardians whose children are facing disciplinary proceedings in public schools.

Parents' Guide to School Board Advocacy in Washington:

This publication from ACLU is designed to serve as a tool for parents who want to communicate and advocate before their school board. It is not meant to provide legal advice.

Parents' Guide to Truancy in Washington:

This guide from ACLU is designed to help parents understand their children's rights in the truancy process. It is not meant to provide legal advice.

A Parent's Role in Preventing Bullying, Harassment, Intimidation in Public Schools:

A web page for parents from the Office of the Education Ombudsman.

Resolving Conflict at School (A Guide for Families) from the Office of the Education Ombudsman:

The Rights of Transgender People in Washington State:

Can a transgender person change his or her name on a birth certificate? Do laws specifically protect transgender students from discrimination? If a spouse undergoes sex reassignment surgery, is the couple still legally married? This ACLU-WA booklet addresses these and many other practical legal issues encountered by transgender individuals.

School-Family Partnerships:

A web page for educators from the Office of the Education Ombudsman.

A Student's Guide to Surviving Anti-Gay (LGBTQ) Harassment and Physical or Sexual Assault from the Safe Schools Coalition:

Washington | United States | United Kingdom

Understanding How to Make a Complaint of Unlawful Discrimination With Your School District:
The Office of Superintendent of Public Instruction (OSPI) is the agency responsible for overseeing K-12 public education in Washington state. Within OSPI, the Equity and Civil Rights Office provides technical assistance to school districts, parents and students with issues related to state and federal nondiscrimination laws. http://www.k12.wa.us/Equity/Flyers.aspx

Washington Interscholastic Activities Association

2009-2010 Official Handbook policy offers participation in sports for all students regardless of their gender identity or expression. See p. 46-47

Washington State Essential Academic Learning Requirements Relevant to Sexual Diversity: June, 2013 - by Beth Reis, Safe Schools Coalition (pdf file)

CONCEPT / Health EALR & Benchmark / Social Studies EALR Benchmark & Evidence of Learning
"The point is that LGBTQ* content not an "add-on" unit or a "heroes & holidays" attitude. Rather, the goal is inclusiveness infused in the life of the school, just as other kinds of diversity belong in all disciplines at all grade levels. Math, Language Arts, Science, and Arts."

School Districts' Documents:

Your District's Policies and Procedures

Most districts post their policies and procedures on their web site in the School Board of Directors section. There should be policies and procedures there regarding each of these issues:

Harassment, Intimidation and Bullying (sometimes a separate Sexual Harassment policy)
Discrimination (separate policies regarding discrimination against students and discrimination in employment)

There may also be policies and procedures regarding:

Academic Freedom
Diversity or Multicultural Education
Dress codes
Freedom of Assembly
Freedom of Expression
Safety and Civility
School Climate
Suicide Awareness and Prevention

School boards (also called Boards of Directors) want to hear from students, family members, employees and other community members about policies and procedures that you want changed. If you would like to communicate with the Board, you may:

Call a School Board Director at home. They are elected volunteers who serve the community. It's perfectly appropriate to take them out for coffee or stop them in the grocery store to chat – within reason.
Write to a School Board Director at home, or in care of the District Administration Office.
Attend a regularly-scheduled School Board meeting and speak to the whole Board. Call the district and ask how to “testify” – how to talk with the Board.

Local Examples of Best Practices

Franklin Pierce Schools' Parents/Guardians Anti-Bullying Pledge

McCleary School District's Harassment Understanding Contract

North Kitsap Schools' Sample Letter to Bully

Pomeroy Junior/Senior High School Contract to Stop Harassment, Intimidation & Bullying

Seattle Schools' Lesbian, Gay, Bisexual, Transgender, Questioning (LGBTQ) Advisory Committee

Shoreline Public Schools Sexual Health Education Guidelines for Teachers

Spokane Schools' poster about Harassment and Discrimination

University Place District's Non-Discrimination Statement, prominently posted on their web site!

Vashon Schools' informal report form entitled My Side of the Story