Guidelines for implementing Washington's Equal Educational Opportunity Laws: Chapters 28A.640 and 28A.642 RCW and Chapter 392-190 WAC
Published October 2019
These guidelines describe how school districts can meet their obligations under state law to administer student discipline without discrimination. These guidelines constitute OSPI's interpretation of the law and are provided to support school districts' understanding of their obligations under these laws. Schools should consider these guidelines when developing, assessing, and revising discipline policies, procedures, and practices. Schools should also carefully review the guidelines when investigating and responding to complaints alleging discrimination in student discipline.
Guidelines for school districts to implement Chapters 28A.640 and 28A.642 RCW and Chapter 392-190 WAC
Published February 2012
In 2010, a new state law (HB 3026) was passed prohibiting discrimination in Washington public schools based on race, creed, religion, color, national origin, sexual orientation, including gender expression or identity, veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. These guidelines constitute OSPI's interpretation of the law and are provided to support school districts' understanding of their obligations under these laws.
Prohibiting Discrimination in Washington Public Schools
Discrimination is the unfair or unequal treatment of a person or a group because they are part of a defined group, known as a protected class. Discrimination can also occur when a school's policy is neutral on its face and is administered in an evenhanded manner but has a disparate impact—i.e., a disproportionate and unjustified effect—on students of a particular protected class.
Protected class refers to a group of people who share common characteristics, and who are protected from discrimination and harassment under federal and state laws. In Washington, discrimination based on these protected classes is prohibited.
Age Discrimination Act of 1975 (34 C.F.R. Part 110)
Chapter 49.60 RCW — Washington Law Against Discrimination.
Note: OSPI does not have authority to enforce this law—complaints can be made to the Human Rights Commission.
Chapter 28A.642 RCW | Chapter 392-190 WAC — Equal Educational Opportunity Law Chapter 49.60 RCW — Washington Law Against Discrimination
For more information and resources:
Title IX of the Education Amendments of 1972 (34 C.F.R. Part 106). Note: Title IX prohibits discrimination based on sex and sex-stereotyping, such as discrimination based on a person’s failure to conform to stereotypical notions of masculinity and femininity.
Chapter 28A.642 RCW | Chapter 392-190 WAC — Equal Educational Opportunity Law
Chapter 49.60 RCW — Washington Law Against Discrimination
For more information and resources:
These laws also protect students and families with limited-English proficiency.
For more information and resources:
For more information and resources:
Title IX of the Education Amendments of 1972 (34 C.F.R. Part 106). Note: Title IX prohibits discrimination based on sex and sex-stereotyping, such as discrimination based on a person’s failure to conform to stereotypical notions of masculinity and femininity.