Know Your Civil Rights at School

You have a right to be free from discrimination in the classroom, from elementary school through college and beyond. 

Education is a basic, constitutional right in Washington. The state is required to “make ample provision for the education of all children residing within its borders.” “A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives.” 

Civil rights laws protect all people—including students, parents, and others— from discrimination in Washington public schools. Protections include, for example, student rights relating to religious expression and accommodations, wearing traditional tribal regalia for ceremonies, and instructional materials that are diverse, equitable, inclusive, and age-appropriate. s. 

The Washington Law Against Discrimination, which prohibits discrimination and harassment in school, applies to all public and many private primary schools. Some schools that are operated by religious or sectarian institutions, however, are exempt from this law.

The Washington Law Against Discrimination applies to both public and private higher education institutions located in Washington, and covers all students at those institutions, including those from Washington and those from other states. Federal civil rights laws generally apply only to schools of higher education that receive federal funding, which includes all public colleges and universities, but may not apply to some private institutions. 

Know Your Student Rights

Bullying, Intimidation and Harassment

You have a right to an education that is free from discrimination, bullying, intimidation, and harassment. 

State law requires all K-12 school districts to have policies prohibiting harassment, intimidation, and bullying – including cyberbullying using electronic communications such as text messages, online programs, and social media. 

“Harassment, intimidation, or bullying” means any intentional act motivated by a protected characteristic such as race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, or the presence of any sensory, mental, or physical disability (regardless of whether the victim actually possesses the characteristic) or another distinguishing characteristic that:

• Physically harms a student or damages the student’s property;
• Has the effect of substantially interfering with a student’s education;
• Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
• Has the effect of substantially disrupting the orderly operation of the school.

If harassment, intimidation, or bullying is motivated by membership in a protected class, your institution or local school district’s discrimination policies and procedures apply. Check with your district to find out about options for resolving your issue. Each school district’s harassment, intimidation, and bullying policy and procedure must be consistent with the state’s Model Policy and Procedure. More information about this requirement and access to the Model Policy and Procedure are available on OSPI’s website.

Depending on the reason that you are being bullied or harassed, some state and federal laws may protect you against discrimination. For example, if you are being harassed because of your race, national origin, gender, religion, disability, or sexual orientation and the harassment creates a hostile environment that interferes with your ability to benefit from school services, then antidiscrimination laws protect you. Many of the agency resources listed at the end of this section can also help you identify appropriate options in resolving your issue.

Sex and Gender Discrimination

You are protected from discrimination in public education programs on the basis of sex and gender, including if you are pregnant, transgender, or a victim of sexual assault or harassment. These protections apply in the classroom, as well as in interscholastic, club, and intramural sports and other extracurricular activities. 

Exclusion from or discrimination in education programs or activities on the basis of sex and gender is prohibited by the Washington Law Against Discrimination. 

Pregnancy and Related Conditions

Schools may not discriminate against a student on the basis of pregnancy, parenting, and all related conditions, including abortion or miscarriage. This means that schools must give all students who are, might be, or have been pregnant the same access to school programs and educational opportunities as other students. 

You cannot be required to drop a class or change your education plans because of your pregnancy. Further, you cannot be penalized for your pregnancy—you must be given the opportunity to earn back credit that you did not earn because you were pregnant. Schools must excuse absences due to pregnancy or any related conditions for as long as a doctor says it is necessary for you to be absent.

Gender Identity and Gender Expression

All students have the right to be treated consistent with their gender identity at school. Washington public schools have requirements regarding students’ names, pronouns, and gender designations. Harassment based on gender is a form of discrimination and is prohibited in Washington public schools. 

Schools are responsible for providing a safe and nondiscriminatory educational environment for all students, including transgender and gender-expansive students. More information regarding gender-inclusive schools including the use of names and pronouns, dress codes, and gender expression is available on OSPI’s Gender-Inclusive Schools webpage.

Sexual Harassment and Assault

You are protected from sexual harassment and assault under state and federal civil rights laws, including if the perpetrator is a teacher, coach or other school system employee, volunteer, parent, or another student.

Sexual assault is a serious crime. It is any non-consensual or unwanted sexual act, including inappropriate sexual touching or fondling, rape, and sexual abuse. If you are a victim of sexual assault, you should make sure you are safe and seek medical care as quickly as possible. You should also immediately report the crime to the police, and provide the police with as much information as you can.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature or that is sexually motivated and that affects your ability to learn or creates an intimidating, hostile, or offensive school environment. It may develop from a number of unwelcome acts or be based on a single severe act.

In K-12 education, each school district is responsible for informing students, parents, employees, and volunteers about the district’s sexual harassment policy and procedure and the contact information of the school district’s compliance coordinator who is responsible for receiving and responding to allegations of sexual harassment. 

Any staff member who witnesses or receives a report of possible sexual harassment or assault should immediately report the incident to a school administrator or school district compliance coordinator. School districts must follow their sexual harassment policy and procedures and must take prompt and effective action to determine what happened. 

If a school district determines that sexual harassment has occurred, the district must take reasonable, prompt, age-appropriate, and effective action to end the harassment, prevent it from recurring, and prevent any retaliation against the person who made the complaint or was the subject of the harassment.

State institutions must protect victims of sexual assault, domestic violence, dating violence, and stalking. Each institution is required to make its policy, procedures, complaints contact, and compliance with confidentiality and reporting rules available for students and employees. An institution of higher education may be held legally responsible when it knows about and

inadequately responds to sexual harassment or assault on its campus or in its programs or activities. If the school receives federal funds, then it could also be subject to federal corrective action. The state laws regarding campus sexual violence are found at chapter 28B.112 RCW.

Disability Accommodations

Schools must provide appropriate adjustments as necessary to ensure that they do not discriminate on the basis of disability. This can include (but is not limited to) providing access to school buildings and facilities, providing aids and services necessary for effective communication, and modifying policies, practices, and procedures to accommodate a disability. Institutions of higher education are not required to alter the requirements of degrees or programs.

Special Education

The federal Individuals with Disabilities Education Act (IDEA) governs early intervention, special education, and related services for eligible infants, toddlers, children, and youth with disabilities. In addition, Section 504 of the federal Rehabilitation Act prohibits disability discrimination by requiring schools that get federal funding to remove barriers to learning for students with disabilities.

Your child may qualify for special education services if they have one or more disability that adversely affects educational performance and cannot be addressed through general education classes alone.

Eligibility is determined through an evaluation process performed by your school district. More information on eligibility is available on OSPI’s website.

School districts must ensure an appropriate educational opportunity for all children with disabilities from age 3 to 21. A Nonpublic Agency is an entity that is authorized by OSPI to contract with a school district for placement of a student who requires special education and related services to children with disabilities. If a family has a Special Education Nonpublic Agency complaint it can be submitted to OSPI for investigation. 

The Americans with Disabilities Act, not IDEA, governs accommodations at institutions of higher education and the process, procedures, and available accommodations differ from elementary, middle, and high school.

Service Animals

Schools must accommodate people with disabilities who use trained service animals. If your service animal is trained to respond to the specific needs of your disability, then your school cannot prohibit you from bringing it on campus. Your school may only ask about the animal’s training and whether it is required because of a disability.

Housing and Services at Residential Schools and Colleges

Your school cannot discriminate by limiting or charging more for housing or services on the basis of disability. This means that you are entitled to accessible housing at the same costs as other students, and the school must provide you with the same access to all services that it provides to other students.

Religious Accommodations

Schools must provide accommodations as necessary to ensure that they do not discriminate on the basis of religion. Examples of religious accommodations include attendance arrangements for religious observances or activities, and dress code modifications to address conflict with religious beliefs or practices. Students may opt-out of instruction that substantially burdens the student’s religious beliefs.

Students maintain their rights to freedom of religion and expression while in school. This includes the right to pray during non-instructional time and express beliefs in school assignments. Harassment based on religion is a form of discrimination and is prohibited in Washington public schools. More information about protections related to religion is available on OSPI’s website.

School Discipline

Discipline practices that are discriminatory based on protected characteristics are prohibited, including if they are not intended to have a discriminatory effect. Policies or practices that have a disparate impact on students based on their protected classes are discriminatory and unlawful.

State law prohibits restraint or isolation of any student except when it is reasonably necessary to control spontaneous behavior that poses an imminent likelihood of serious harm. In such cases, the restraint or isolation must be closely monitored to prevent harm to the student, and must be discontinued as soon as the likelihood of serious harm has dissipated. K-12 school districts are required to have policies providing for the least amount of restraint or isolation appropriate to protect the safety of students and staff under such circumstances.

Immigration

Basic education is the right of everyone in Washington. There are no legal restrictions that prevent undocumented persons from attending Washington’s K-12 schools or institutions of higher education. 

The Keep Washington Working Act requires all of Washington’s public schools to have policies for limiting immigration enforcement to the fullest extent legally possible to ensure they remain safe and accessible to all Washington residents, regardless of immigration or citizenship status. A school or school district’s policy must be consistent with the Model Policies published by the Attorney General’s Office (AGO) or it must notify the Attorney General that it is not and instead provide a copy of its policy to the AGO. The AGO’s Model Policies address access to education facilities, data collection and use, incident reporting, and training. All such policies received by the AGO are published on its website.

If you are unsure of your school’s policies regarding immigration enforcement and safety planning, you may request the information from your school administration.

Tuition and Financial Aid

You can pay in-state tuition rates to attend a public college or university if you have earned a high school diploma or equivalent of a diploma, such as a GED, and lived continuously in Washington for twelve months before starting at college or university If you qualify for in-state tuition, you also qualify to apply for state financial aid, such as the Washington College Grant, which is administered by the Washington Student Achievement Council (WSAC).

People who are uncomfortable with applying for federal financial aid or who choose not to complete the federal application (Free Application for Federal Student Aid (FAFSA)) may still apply for state financial aid using the Washington Application for State Financial Aid (WASFA). More information about the WASFA is available on WSAC’s website.

Language Access

Students and families have the right to information about their education in a language they understand. Schools’ language access policies and procedures include use of interpreter and translation services to ensure students and families receive materials and services in their languages. Washington law requires public schools to have language access plans and programs to provide meaningful, equitable language access to students and their family members.

In-State Tuition for Veterans

In addition to being protected from discrimination, honorably discharged veterans who served at least two years in the military are entitled to in-state tuition at public colleges and universities in Washington, provided that you start school within one year of your date of separation and meet one of the following requirements:

• At the time of separation, you designated Washington as your intended domicile on your DD-214 form;
• You have Washington as your official home of record; or
• You move to Washington and establish residency.

Spouses and dependents of veterans who meet all of the above requirements may also be eligible for tuition waivers. Each institution operates its own waiver program, so contact the specific college or university with questions or to get more information about how to apply for tuition waivers.

Compliance

K-12 school districts and public charter schools are required to designate coordinators as primary contacts regarding compliance with anti-discrimination requirements for Civil Rights; Harassment, Intimidation and Bullying; Gender-Inclusive Schools; Title IX/Sexual Equality; Language Access; and Section 504/ADA/Disability. A district may designate an individual to serve in multiple compliance coordinator roles. OSPI maintains a list of each district’s compliance coordinators on its School District & Charter School Compliance Coordinators webpage.

Institutions of higher education each have different policies and procedures regarding compliance with civil rights and anti-discrimination laws. Each public institution of higher education, and private institutions that receive federal funds, must have a Title IX Coordinator. Title IX prohibits sex based discrimination and harassment in any educational program or activity that receives federal funding.

Who can help if you experience discrimination in school?

There are many different agencies and resources available to protect your rights in school.

1. Contact the school district’s Compliance Coordinator. This is the district employee who is responsible for ensuring that the schools in your district comply with nondiscrimination laws and regulations. A list of each district’s compliance coordinators may be viewed at: https://ospi.k12.wa.us/policy-funding/equity-and-civil-rights/school-district-charter-school-compliance-coordinators
2. File a complaint with the school system. For K-12 schools, complaints of discrimination may be made to the school district/charter school or, if you do not receive a response within 30 days, directly to the Office of Superintendent of Public Instruction (OSPI). More information about these complaint processes and other options is available at https://ospi.k12.wa.us/policy-funding/equity-and-civil-rights/complaints-and-concerns-about-discrimination.

   1. School District/Charter School Complaints: You may file a discrimination complaint with the school district or charter school at any time. This process starts with a written and signed complaint letter to the school district. Once the district receives a complaint, they must investigate and respond to you within 30 calendar days. If you are unsatisfied with the school district’s decision, you can appeal to your school district, and then to OSPI. During disciplinary proceedings, complainants are entitled to receive the same procedural rights as those of the accused, including the right to attend and participate in the disciplinary proceedings, receive notice of the outcome and file an appeal.

      Upon filing a complaint, your school must provide you with a copy of the procedures that you should follow in order to assist the disciplinary and or law enforcement process, inform you about interim measures that may be put in place on your behalf to prevent further harm (no- contact orders, adjusting class schedules, counseling, security escorts, etc.), and provide you with information regarding victim resources available from the school and other local organizations.

      For charter schools, the Washington State Charter School Commission is available to receive complaints from students, parents or guardians who have attempted to file a complaint directly with their school and may not have received a resolution. The Commission will also accept Community complaints regarding a public charter school from someone with a concern who is not a student, parent or guardian. More information about the Commission’s complaint process, including access to its complaint forms, is available at: https://charterschool.wa.gov/complaint-process.

   2. OSPI Complaints: You may submit a written complaint to OSPI’s Equity and Civil Rights Office as an appeal of your school district/charter school’s decision or as a complaint for “directed investigation” if your school district/charter school has not responded after 30 days. Written complaints may be submitted to: the OSPI Equity and Civil Rights by email to equity@k12.wa.us, fax at (360) 664-2967, or mail to PO Box 47200, 600 Washington St. SE, Olympia, WA 98504. The Equity & Civil Rights Office may also be contacted by phone at (360) 725-6162 or (360) 664-3631.
3. Contact the Office of the Education Ombuds if you have a question or an unresolved problem with a public school that is affecting a K-12 student’s education and you are not sure what to do next. You can submit an intake using the Ombuds Portal at https://services.oeo.wa.gov/oeo, contact the Ombuds at 866-297-2597 or oeoinfo@gov.wa.gov.
4. Higher Education. Each institution of higher education has its own policies and procedures; you should  follow the steps outlined for your school.
5. File a complaint with the Washington State Human Rights Commission. You may file a complaint for discrimination in a place of public accommodation regarding any school in Washington. Importantly, you must file a complaint within 6 months from the date of the alleged violation. Visit: https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US. You can also contact the Human Rights Commission by phone at (800) 233-3247 or (360) 753-6770.
6. Contact HearMeWA for youth (up to age 25) experiencing bullying, violent threats, abuse, or other difficulties. It is a statewide program for receiving and responding to risks or potential risks to the safety and well-being of youth. The goal of the program is to provide a safe place for youth to report safety and well-being concerns to help prevent tragedies and violence. Trained crisis counselors field all calls, and the program is committed to being antiracist, trauma-informed, and youth-centered. Youth may connect with HearMeWA by phone at (888) 537-1634 or texting “HearMeWA” to 738477. More information and a link to connect via online form or app is available at: https://hearmewa.org/.
7. Consult a lawyer. You always have the right to consult a lawyer to talk about your situation, including the possibility of pursuing a private lawsuit to address the discrimination. All lawyers licensed to practice in Washington State are included in the Washington State Bar Association’s Legal Directory, which can be searched from its homepage at www.wsba.org. Additional resources for you to connect with and find an attorney are provided at www.wsba.org/for-the-public/find-legal-help.