For Districts
Title IX Coordinator
Frequently Asked Questions

Title IX of the Education Amendments of 1972, RCW 28A.640, and WAC 392-190-060 require each school district to designate at least one employee who is responsible for monitoring and coordinating the district's compliance to the law.

What is Title IX?
Title IX is a civil rights law which makes it illegal to discriminate against someone based on their sex. All recipients of federal funds (including schools) must comply with this law. The Office of Civil Rights within the Department of Education is charged as the enforcing agency for Title IX.

What is RCW 28A.640?
RCW 28A.640 is Washington state’s version of Title IX. OSPI is charged as the enforcing agency for this law, and has developed rules and regulations to ensure compliance. These rules are found in WAC 392-190.

NEW! A new state law was passed in 2010, chapter 28A.642 RCW, which prohibits 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. OSPI adopted final rules to implement this law in April 2011. The designated employee for each district is responsible for coordinating compliance with these new rules. Get the final rules and more information here.

What is the difference between the federal and state law?
State law has additional requirements for compliance for school districts. These include:

• Conducting a student athletic interest survey every three years.
• Annually self-evaluating athletic programs.
• Stricter provisions for single-sex classes.
• School districts must submit an annual Equity Assurance Report to OSPI via iGrants.  Go to the application: iGrants, Package 447.

What are my main responsibilities?

• Ensure that all students, employees and parents/guardians are notified that you are the Title IX Coordinator.
• Ensure that the district’s nondiscrimination policy statement is updated and distributed accordingly.
• Monitor overall implementation of Title IX, RCW 28A.640 and RCW 28A.642 RCW, and WAC 392-190. This includes receiving and responding to allegations of complaints and conducting investigations.

What is a nondiscrimination policy statement?
Essentially, it is an assurance that students and employees will be treated fairly and your district will not discriminate against persons based on a protected class. It is also a promise that complaints alleging unfair treatment will be given due process as required by law.

Sample nondiscrimination statement.  NOTE: Your name and contact information must also be included in this announcement. (Name, address, phone number and email)

Who needs to know about the nondiscrimination policy statement?
You must continually notify your employees and beneficiaries, participants and students of all your programs and activities.

Additionally, parents, applicants for any education programs, applicants for employment, sources you use to recruit applicants, and union and professional organizations holding collective bargaining or professional agreements with your institution must be continually notified of your policy of nondiscrimination.

How should we notify individuals?
Title IX states that you must prominently include your policy of nondiscrimination in each announcement, bulletin, catalog, application form, brochure and other materials or publications that are distributed to those persons mentioned above. This means a policy statement must be clearly visible.

Do we need to include the statement in ALL letters and materials we publish?
Your policy must be included in almost everything you print in quantity which will be disseminated on an annual or periodic basis to those persons mentioned in the previous question. It is not necessary, however, to include your policy on routine letters or announcements which are printed and distributed daily or weekly.

Can we just state on our materials that, “We are an equal opportunity education institution”?
No, your full statement, including your name, address and telephone number must be stated. However, when you advertise for job applicants in a journal, newspaper or other publication that charges a fee for advertising, you may shorten your policy to “equal opportunity employer” or “EOE” or “female/minority/ applicants with disabilities welcomed” or any other statement that indicates your equal opportunity employment practices.

What are grievance procedures?
School districts must adopt and publish grievance procedures to resolve complaints alleging discrimination on the basis of sex or other covered areas in its employment, education programs or activities. These procedures must apply to students and other interested individuals and must be prompt and equitable.

Am I only responsible for complaints based on sex?
Each Superintendent will determine the scope of the coordinator’s work. It important to clarify what types of complaints you are responsible for – note that civil rights laws also cover; race, creed, national origin (including language), religion, sexual orientation including gender expression or identity, veteran or military status, age, disability, and the use of a trained dog guide or service animal by a person with a disability. (Each district must also appoint an employee as a Section 504 Coordinator to respond to allegations of discrimination based on disability).

What should I do when I receive a complaint?

• Notify complainant that you have received the complaint, and the steps which will be taken– these steps should be clearly stated in your School Board Procedures.
• Coordinate an investigation - gather and document objective information - - Who, What, When, Where, How?
• Inform appropriate decision makers (i.e. Superintendent, Director of Human Resources).
• Send a formal response to the complainant sharing the findings and conclusion drawn from the investigation.
• Work with complainants to provide information or support as appropriate – this should include the appeals process if the complainant is not satisfied with the findings.
• Assist staff to make any needed changes in procedures or programs.
• Inform complainant of their right to file complaints with state or federal agencies.

Specific rules regarding discrimination complaint and appeal procedures are provided in chapter 392-190 WAC.

How do I monitor compliance?

• Understand the laws and their implementing regulations.
• Arrange/provide for ongoing equity training and orientation of employees and students on nondiscrimination requirements.
• Ensure dissemination of nondiscrimination policies on a regular basis.
• Monitor course enrollments, athletics and extra-curricular activities, participation and procedures, textbooks and counseling materials, and patterns of complaints.
• Receive, investigate and resolve complaints of discrimination.
• Develop networks of equity teams in district schools.
• Communicate your efforts with building administrators and staff.

What is my role with OSPI?
As the Coordinator, you will be the point of contact for your district in reporting your district’s compliance to the OSPI Equity and Civil Rights Office.
Contact the office at: equity@k12.wa.us to inquire about training and support.