Complaints and Concerns About Discrimination

Each student must have equal access to public education without discrimination. If parents, students, school staff, or community members believe that a student has experienced discrimination or discriminatory harassment, there are steps they can take to resolve these concerns.

Discrimination Dispute Resolution Information Sheets

This resource includes information about the different dispute resolution options available to address concerns about discrimination in Washington public schools. It also includes step-by-step instructions for how to file a discrimination complaint with a school district or charter school.

Discrimination Dispute Resolution - English | Arabic | Chinese | Farsi | Korean | Punjabi | Russian | Somali | Spanish | Tagalog | Ukrainian | Vietnamese

District Civil Rights Coordinator Contacts

A discussion with the civil rights coordinator is often the best first step you can take to address your concerns. These staff members can make sure your student has equal access to all the programs and services your school has to offer. Share what happened and let the coordinator know what they can do to help resolve the problem. Contact your district’s civil rights coordinator. 

Filing a Formal Discrimination Complaint

Anyone can file a complaint that alleges discrimination in a Washington public school based on a protected class. This includes parents, students, teachers, administrators, and advocates. Follow the complaint procedure closely. If you have questions, go directly to your school district and ask for the information you need to move forward.

Washington state has regulations in the Washington Administrative Codes (WAC) specific to discrimination complaint procedures in public schools, WAC 392-190-065 through 392-190-075. These procedures are also explained below.

Please note: You may have other complaint or dispute resolution options available, including complaints with other state and federal agencies. You may also contact an attorney for legal advice.

 

How to file a formal discrimination complaint

A formal discrimination complaint must be in writing and include a description of the specific acts, conditions, or circumstances alleged to be unlawful discrimination.

When writing a complaint, it may be helpful to

  1. Clearly state that you wish to file a formal discrimination complaint, and you want the district or charter school to investigate
  2. Describe the conduct or incident—use facts (what, who and when)
  3. Explain why you believe unlawful discrimination has taken place
  4. Describe what actions you believe the district or charter school should take to resolve the problem

Send your written complaint—by mail, fax, email, or hand delivery—to the district superintendent, charter school administrator, or civil rights coordinator.

OSPI maintains a list of all Washington state school district websites. Contact information should be on these district websites.

How a school district or charter school responds to a formal discrimination complaint

Once the school district or charter school receives your complaint, it must conduct an investigation and respond to you within 30 calendar days.

The civil rights coordinator provides you a copy of the school district or charter school's procedure

Your civil rights coordinator has an important role to play once the school district or charter school receives your written complaint.

The coordinator must:

  • Give you a copy of the school district or charter school's procedure to follow for discrimination complaints
  • Make sure a prompt and thorough investigation takes place

The school district or charter school completes an investigation within 30 calendar days

The school district or charter school must complete the investigation within 30 calendar days — unless you agree on a different time period.

Some complaints may take longer than 30 calendar days to investigate when they involve exceptional circumstances. If your complaint involves exceptional circumstances that demand a lengthier investigation, the school district or charter school must notify you in writing with why staff need this time extension and a new date for their written response.

At any point, you may decide to resolve your complaint immediately instead of proceeding with the investigation.

The school district or charter school responds to your complaint in writing

When the investigation is complete, the school district or charter school must respond to your complaint in writing.

The written response must include this information:

  • A summary of the results of the investigation
  • A determination that states clearly whether or not the district or charter school failed to comply with civil rights law
  • Notification that you can appeal this determination, including how and where to file a appeal, and to whom it must addressed
  • Any measures, determined through the investigation, necessary to bring the district or charter school into compliance with civil rights law

Any necessary corrective measures must be put into effect within 30 calendar days after this written response—unless you agree to a different time period.

Mediation is an option for informal resolution

Mediation is an option you could consider. Under state law, a school district or charter school can offer — at their own expense — the option to resolve complaints through an impartial mediator. Mediation must be voluntary on the part of parents and guardians.
WAC 392-190-0751 Mediation

If you decide to use a mediator, it is possible to extend the 30-calendar day time period during which the school district or charter school must respond to your complaint.

Important! Be aware that OSPI does not approve, endorse, or enforce agreements reached through mediation.

How to file an appeal if you disagree with the school district or charter school's decision

If you do not agree with the determination that follows the school district or charter school’s investigation of your complaint, you can file an appeal. Information about the appeal process should be included in the written response you receive once the school district or charter school has completed their investigation.

Appeals must be made to an official or board not involved in the complaint. Most appeals go to the school district or charter school's board of directors or school board.

File the appeal within 10 calendar days of receiving the written decision

School districts and charter schools are allowed to adopt a filing deadline for appeals. Find out if your district has a deadline for filing an appeal related to complaints of discrimination. This deadline must be no shorter than 10 calendar days from the date you received the written response to the investigation that followed from your complaint.

30 calendar days to respond to your appeal

Once the school district or charter school receives your appeal, it must respond to you in writing—within 30 calendar days—unless you agree on a different time period.

The appeal decision must include information about how to file a complaint with OSPI. If you do not agree with the appeal decision, state law provides the option to file a complaint with OSPI.

How to file a complaint with OSPI if you disagree with the appeal decision

If you have completed the complaint and appeal process of your school district or charter school but still disagree with the district or school's decision, you may file a complaint to OSPI.

You may also file a complaint with OSPI if you believe the school district or charter school has not followed the complaint and appeal process correctly. For example, if you file a discrimination complaint with your school district, and the district does not investigate or respond to your complaint within 30 calendar days, you may file a complaint with OSPI. At that time, OSPI may require the school district to conduct an investigation.

Please note: OSPI will not accept a discrimination complaint that a school district or charter school has not first had the opportunity to investigate and resolve.

Step 1—Write out and send your complaint within 20 calendar days of receiving the appeal decision

A written complaint to OSPI must include the following information:

  1. A description the conduct or incident—use facts (what, who and when)
  2. An explanation of why you believe unlawful discrimination has taken place
  3. Your name and contact information, including a mailing address
  4. The name and address of the school district that is the subject of your complaint
  5. A copy of the complaint and appeal decisions from the district
  6. A description of what actions you believe the district should take to resolve the problem
  7. If your complaint relates to a specific student, make sure you include (a) the name and address of the student and (b) the name of the school and school district the student attends

You may use OSPI's optional complaint form, which is designed to help ensure you provide OSPI with information needed to evaluate whether to open your complaint for investigation.

Send your written complaint to the OSPI Equity and Civil Rights Office:

  • Email: OSPI Equity and Civil Rights
  • Fax: 360-664-2967
  • Mail or hand deliver: OSPI Equity and Civil Rights Office, PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200

You must send your complaint to OSPI within 20 calendar days from the day you received the decision on your appeal from the district or charter school—unless OSPI extends this deadline based on circumstances.

Step 2—OSPI responds to your complaint

Staff at OSPI will review your complaint and decide whether or not to begin an investigation. If OSPI staff decide to investigate your complaint, they will send written notification to you and the district or charter school.

OSPI will not investigate if your complaint:

  • Is incomplete or arrives after the 20-day deadline
  • Does not allege a violation of a civil rights law that OSPI enforces (See Nondiscrimination Law and Policy for more information about the laws OSPI enforces)
  • Has not been brought to the attention of the district or charter school through the local complaint and appeal process
  • Was investigated by another state, federal, or local agency and OSPI expects a comparable resolution

If OSPI investigates the complaint, OSPI will send you a written decision that describes the outcome of the investigation and includes any corrective actions necessary to correct noncompliance.

Employment discrimination complaint options

State and federal nondiscrimination laws also protect school district employees from discrimination. Employees may file a complaint alleging discrimination in employment with their school district using the same process that is outlined above or file a complaint directly with a state or federal agency listed below.

Please note, with certain exceptions, OSPI will not investigate complaints alleging employment discrimination that may constitute a violation of Title VII of the Civil Rights Act or the Washington Law Against Discrimination. OSPI does not have jurisdiction under these laws and does not provide individual remedies under these laws. Given the role of other state and federal agencies in investigating and resolving employment discrimination complaints, OSPI will not open these complaints for investigation.

For such complaints, OSPI encourages complainants to file their complaint with an appropriate agency that investigates employment discrimination. Information about these complaint options is listed below.

Washington State Human Rights Commission (WSHRC)
The WSHRC enforces the Washington Law Against Discrimination, chapter 49.60 RCW, which prohibits discrimination in employment and in places of public accommodation, including schools, age, sex, marital status, sexual orientation, gender expression, gender identity, race, creed, color, national origin, honorably discharged veteran or military status, disability, or the use of a trained dog guide or service animal by a person with a disability. In general, complaints must be filed with WSHRC within six months from the date of the alleged discrimination.

U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC investigates complaints of workplace discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 and older) disability, or genetic information. In Washington, complaints must be filed with the EEOC within 300 days of the alleged discrimination.

Washington State Department of Labor & Industries (L&I)
L&I investigates complaints against employers (including prospective or former employers) for violations of the Equal Pay and Opportunities Act, which prohibits gender pay discrimination and promotes fairness among workers by addressing business practices that contribute to income disparities between genders. This includes complaints related to equal pay, equal career advancement opportunities, open wage discussions, and retaliation. In general, complaints must be filed within four years of the alleged violation of the law. Note: L&I can only address alleged violations that occurred after June 7, 2018, which is the effective date of the law, for most of the Equal Pay and Opportunities Act protections.

U.S. Department of Education, Office for Civil Rights (OCR)
The U.S. Department of Education, Office for Civil Rights enforces federal civil rights laws, which prohibit discrimination in public schools on the basis of sex, race, color, national origin, and disability. However, with certain exceptions, OCR refers individual complaints of employment discrimination to the Equal Employment Opportunity Commission. In general, complaints must be filed with OCR within 180 days (six months) of the alleged discrimination.

State & Federal Agencies That Resolve Discrimination Disputes Involving Students

U.S. Department of Education, Office for Civil Rights (OCR)

The Office for Civil Rights (OCR) at the U.S. Department of Education enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days (6 months) of the date of the alleged discrimination.
OCR Complaints – Step-by-step instructions

Washington State Human Rights Commission (WSHRC)

The Washington State Human Rights Commission (WSHRC) enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within 6 months of the date of the alleged discrimination.
Human Rights Commission Complaints – Step-by-step instructions

U.S. Department of Agriculture, Office for Civil Rights (USDA)

The Office for Civil Rights at the U.S. Department of Agriculture (USDA) enforces civil rights laws for federally-funded programs, and prohibits discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with the USDA within 180 calendar days (6 months) of the date of the alleged discrimination.
USDA Office of the Assistant Secretary for Civil Rights Program Discrimination Complaint Form