State Law Noncompliance Complaints

If parents, students, or community members believe that their local school district superintendent, local school board, or individual board members have engaged in willful noncompliance with state law, there are steps they can take to resolve their concerns.

This page explains how to file a complaint alleging noncompliance with a state law or rule under OSPI's authority. It also describes who may file a complaint, how complaints are reviewed, and what to expect during the process.

About the Willful Noncompliance Complaint Process

OSPI is responsible for investigating and securing equitable resolutions for complaints alleging willful noncompliance with state law by local school district leaders.  

These laws include requirements related to:

  • Civil rights and nondiscrimination (RCWs 28A.640 and 28A.642)
  • Harassment, intimidation, or bullying (RCW 28A.600.477)
  • Curriculum requirements and instructional materials policies (RCWs 28A.150.230, 28A.300.475, 28A.320.170, 28A.320.230, and 28A.320.235)
  • Use of restraint or isolation (RCW 28A.600.485)
  • Student discipline (chapter 28A.600 RCW)

For purposes of this process, “willful” means a nonaccidental action or inaction where a person knew, or reasonably should have known, that the conduct would result in noncompliance with state law.

OSPI rules, Chapter 392-187 WAC, detail the willful noncompliance process.

Limited and Broad Complaints 

Complaints may address concerns affecting an individual student, multiple students, or broader school or district-wide issues. Complaints that affect one or more individual students are considered limited complaints. Complaints that affect an entire student body, a subgroup of students, a school, or an entire school district are considered broad complaints.

A limited or broad complaint may be submitted by:

  • A student enrolled in the school district
  • A parent or legal guardian of a student enrolled in the school district

In addition, community members who live within the boundaries of a school district may submit broad complaints.

How to File a Complaint

Existing Complaint Processes:

Before filing a willful noncompliance complaint with OSPI, individuals must exhaust available complaint procedures, including with the school district, if such procedures exist. If no complaint process for addressing the concern exists, individuals must provide written notice of the issue to the school district superintendent. The district must be given at least 30 calendar days to respond to such notice before a complaint is filed with OSPI.

Complaints to OSPI: 

Complaints to OSPI must be sent within 30 calendar days of a final decision reached by the local school district or other entity, when applicable.  They must be in writing and include sufficient detail to describe the concern and the actions or inactions that may constitute willful noncompliance.

The complaint must include the following information:

  1.  A description of the specific acts, conditions, or circumstances alleged to violate state law, including relevant facts (what occurred, who was involved, and when).
  2. The complainant’s name and contact information, including a mailing address.
  3. The name and title of the school district superintendent, the board of directors, or the individual member(s) of the board of directors alleged to have engaged in willful noncompliance.
  4. Copies of any complaints and responses submitted through prior complaint procedures, or a copy of the written notice provided to the school district superintendent.

OSPI provides an optional complaint form, which is designed to help ensure that all information necessary to evaluate whether to open an investigation is included.

Written complaints including completed forms may be submitted to the Office of Superintendent of Public Instruction, Legal Affairs Office:

  • Email: OLA@k12.wa.us 
  • Mail: PO Box 47200, Olympia, WA 98504-7200
  • Hand delivery: 600 Washington St. SE, Olympia, WA 98504-7200

The Complaint Process flowchart provides a visual overview of the complaint process.

OSPI’s Processing of Your Complaint

After a complaint is received, OSPI will review the information to determine whether the complaint meets the requirements for investigation. This includes assessing whether:

  • The complaint includes sufficient facts to allege noncompliance, and
  • Available complaint process has been exhausted

If the complaint meets these requirements, OSPI will open an investigation and provide written notice of the allegations.

If the complaint does not meet the requirements, OSPI will notify the complainant and the school district superintendent and explain the reason the complaint cannot move forward.