Sexual Harassment in Washington K–12 Public Schools
A school district’s obligation to prevent and respond to sexual harassment is governed by state and federal law. Schools in Washington should be aware that while state law has not changed, there have recently been some significant shifts in federal law that will have an immediate impact on their policies, procedures, and practices.
First, the 2024 Title IX Rules are no longer in effect. They were vacated nationwide by a federal court on January 9, 2025. The U.S. Department of Education’s Office for Civil Rights (OCR) has since clarified that the 2020 Title IX Rules, found at 34 C.F.R. Part 106 et seq., are now back in effect and it will immediately begin enforcing Title IX in accordance with those rules.
In light of these changes, OSPI will be updating its guidance on this page soon. Until then, OSPI encourages districts to consult their legal counsel if they have questions about their obligations under state and federal law.
OSPI Guidance Regarding the Title IX Rules
OCR Guidance Regarding the Title IX Rules
*Numerous other technical assistance documents are also available on OCR’s Title IX and Sex Discrimination webpage, including resources relating to online/digital sexual harassment and on responding to sexual harassment under the 2020 Title IX Rules.
Washington Law & Policy
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Chapter 28A.640 RCW Sexual Equality
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Chapter 28A.642 RCW Discrimination Prohibited
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WAC 392-190-0555 Discriminatory Harassment
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WAC 392-190-056 Sexual Harassment - Definitions
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WAC 392-190-057 Sexual Harassment Policy - Required Criteria
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WAC 392-190-058 Sexual Harassment Policy - Notification
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WAC 392-190-059 Harassment, Intimidation, and Bullying Prevention Policy and Procedure
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OSPI Civil Rights Guidelines: Discriminatory Harassment (Note: These guidelines are currently under revision)
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OSPI Civil Rights Guidelines: Sexual Harassment (Note: These guidelines are currently under revision)