Complaints and Concerns About Discrimination

If parents, students, school staff, or community members believe that discrimination or discriminatory harassment has occurred, there are steps they can take to resolve these concerns.

Contact the Civil Rights Coordinator

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.

Parent & Family Guide to Discrimination Complaints

Anyone—whether they are parents, students, staff members, or advocates—who thinks discrimination based on a protected class has happened or is happening at a school can submit a complaint with the school district or charter school.

Information about this process, including how to file a complaint and how the school district or charter school must respond, is outlined below.

This process is outlined in OSPI rules at Washington Administrative Code (WAC) 392-190-065 through WAC 392-190-0751.

Level 1- Complaint to School District or Charter School

Submitting a written complaint

A discrimination complaint must be in writing and include a description of the specific acts, conditions, or circumstances you believe are discriminatory.

When writing a complaint, it is helpful to:

  • Clearly state that you wish to file a discrimination complaint and you want the school district or charter school to investigate
  • Describe the conduct or incident—use facts (what, who and when)
  • Explain why you believe unlawful discrimination has taken place, including why you believe the conduct or incident was related to a protected class
  • Describe what actions you believe the school district or charter school should take to resolve the problem

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

After you Submit Your Complaint

Once the school district or charter school receives your complaint, the civil rights coordinator (or their designee) should give you a copy of the discrimination complaint procedure, which provides detailed information about the complaint process. The civil rights coordinator must also ensure the district or charter school completes a prompt and thorough investigation.

You may ask the school to put supportive measures in place to help your student feel safe and supported while the investigation is ongoing. These measures are meant to protect students from further harm or distress without assuming guilt or innocence on anyone’s part. Examples of supportive measures include adjusting class schedules, offering academic support, increased staff supervision, or counseling services.

The school district or charter school must complete the investigation within 30 calendar days — unless you agree to a different time period or when exceptional circumstances exist.

If your complaint involves exceptional circumstances that require more time for the investigation to be completed, the school district or charter school must notify you in writing with why staff need this time extension and a new anticipated date for their written response.

The District or Charter School’s Response

The school district or charter school must provide you a written response to your complaint.

The written response must include the following information:

  • A summary of the results of the investigation;
  • A decision as to whether or not the district or charter school failed to comply with nondiscrimination laws;
  • Notice that you can appeal this decision, including where and to whom this appeal mut be filed;
  • and Any corrective measures or remedies that are necessary to bring the district or charter school into compliance with nondiscrimination laws.

The school district or charter school must put any corrective measures into effect within 30 calendar days after this written response, unless you agree to a different time period.

What You Can Do if the District or School Does Not Respond to Your Complaint

If the 30-calendar-day timeline has passed and the school district or charter school has not communicated timeline extensions, or if you have concerns that the investigation is taking too long, OSPI encourages you to check in with the civil rights coordinator or the investigator about your concerns and to learn more about the status of the investigation.

In this situation, you may also submit a complaint to OSPI’s Equity and Civil Rights Office. If the 30-calendar-day timeline has passed and the school district or charter school has not communicated timeline extensions, OSPI may require the school or district to conduct or finish its investigation under OSPI monitoring and respond to you in writing (i.e., a “directed investigation”).

To begin this directed investigation process, OSPI will ask you to submit the following:

  1. A copy of the written complaint you initially submitted to the civil rights coordinator or school or district administrator;
  2. Information about when and how you provided it to the district (such as a copy of the email or when and where you hand delivered the complaint); and
  3. Any communication with the District about timeline extensions.

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

 

Level 2- Appeal to School Board

Filing the Appeal

If you do not agree with the school district or charter school’s decision, you can file an appeal. Information about how to file an appeal should be included in the Level 1 written decision.

Unless the school district or charter school’s procedure has a longer timeline, you must submit your appeal within 10 calendar days from the date you received the written decision.

In most school districts and charter schools, the board of directors or school board makes the appeal decision. In any case, the appeal official or board must not have been involved in the complaint or the school district or charter school’s investigation.

Appeal Response and Decision

After the school district or charter school receives your appeal, it must provide you with a written decision 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 disagree with the decision.  

Level 3- Complaint to OSPI

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 with OSPI. For complaints of discrimination by a school employee related to their employment, please see “School Employee Complaints.”

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

Submitting a Complaint to OSPI

A written complaint to OSPI must include the following information:

  1. A description of 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 school 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 our office needs 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 agrees to extend this deadline based on extenuating circumstances.

OSPI’s Response to Your Complaint

OSPI will review your complaint and decide whether or not to begin an investigation into the allegations raised. OSPI does not open all complaints we receive for an investigation. If OSPI decides to investigate some or all of the allegations raised in your complaint, it will send written notification to you and the district or charter school.

If OSPI decides not to investigate your complaint, OSPI will send a written notification to you outlining the reasons for the decision. OSPI typically will not open an investigation in the following circumstances:

  • The complaint does not include all the required information or arrives after the 20-day deadline.
  • The complaint has not been brought to the attention of the district or charter school, in writing, through the local complaint and appeal process.
  • The complaint 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).
  • The complaint alleges facts that, even if true, would not constitute unlawful discrimination.
  • The complaint was investigated, or is being investigated, by another state, federal, or local agency and OSPI expects a comparable resolution.
  • OSPI has determined the school district’s investigation used similar standards to those OSPI would use, and OSPI would expect a similar resolution under its process.

An OSPI investigation may result in: 

  • A written decision that explains the results of OSPI’s investigation and includes any actions the school district or charter school needs to take to fix any noncompliance found.
  • If OSPI decides it is appropriate, the school district or charter school may agree to fix the alleged noncompliance voluntarily through a “voluntary resolution agreement” with OSPI, and OSPI will monitor to make sure the district or school follows through.
  • The person who made the complaint might decide to withdraw it (For example, after a mediation or private agreement has been reached with the school district or charter school).
Other Discrimination Complaint Options

Several other state and federal agencies have discrimination complaint options you may consider if you do not want to submit a complaint to your school district.

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

Protections Against Retaliation

State and federal nondiscrimination laws protect people from being mistreated or punished when they speak up about discrimination in schools. Retaliation is when someone is treated unfairly or punished because they raised concerns about discrimination, filed a complaint, or participated in an investigation.  

If you have concerns about retaliation, OSPI recommends you talk with the civil rights coordinator about your concerns. You may also file a retaliation complaint with your school district or charter school under the nondiscrimination procedure, or to another investigatory agency like OCR.

Mediation and Informal Resolution

Mediation is also 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 for everyone involved.

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

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

Informal resolution is available at any time. Either before or during a complaint investigation, you always have the right to pursue an informal resolution with the school district or charter school without waiting for the investigation to conclude. This may look like an agreement with the school to implement changes or provide a remedy. In some cases, informal resolution may be an avenue to access a remedy or supportive measure absent an investigation or full complaint process. In other cases, the school district or charter school may still need to conduct an investigation to identify any possible discrimination and ensure it stops. To discuss information resolution options, contact your civil rights coordinator.  

Translated Information Sheets for Families

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.
Information Sheets for Families - English | Arabic | Chinese | Farsi | Korean | Punjabi | Russian | Somali | Spanish | Tagalog | Ukrainian | Vietnamese

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.

Employment Complaints to OSPI

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.

State and Federal Agencies that Investigate Employment Discrimination

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.

Resources for Employees