Nondiscrimination Policy and Procedure
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Nondiscrimination Policy and Procedure

The following information applies only to OSPI services, programs, or activities. For information about civil rights and nondiscrimination in Washington public schools, visit OSPI’s Equity and Civil Rights Office.

Nondiscrimination Policy
OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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. Questions and complaints of alleged discrimination should be directed to:

Equity and Civil Rights Director
P.O. Box 47200
Olympia, WA 98504-7200
(360) 725-6162/TTY: (360) 664-3631

Discrimination Complaint Procedure
Anyone who wishes to file a complaint alleging discrimination by OSPI on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, honorably discharged veteran or military status, status as a mother breastfeeding her child, disability, or the use of a trained dog guide or service animal by a person with a disability may do so by following OSPI’s Discrimination Complaint Procedure.

Notice under the Americans With Disabilities Act
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), OSPI will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: OSPI does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: OSPI will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in OSPI’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: OSPI will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of OSPI, should contact the event coordinator, or the Equity and Civil Rights Director as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require OSPI to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. OSPI will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy.

Complaints that a program, service, or activity of OSPI is not accessible to persons with disabilities should be directed to the Equity and Civil Rights Director at:

Equity and Civil Rights Director
P.O. Box 47200
Olympia, WA 98504-7200
(360) 725-6162/TTY: (360) 664-3631

 

Discrimination Complaint Procedure

PURPOSE
This procedure is intended to resolve complaints alleging that the Office of Superintendent of Public Instruction (OSPI) has discriminated in its provision of services, programs, or activities on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, honorably discharged veteran or military status, status as a mother breastfeeding her child, disability, or the use of a trained dog guide or service animal by a person with a disability.

Such a procedure is necessary to meet the requirements of Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. The procedure also applies to complaints of alleged violations of Title VI of the Civil Rights Act of 1964 and the Washington Law Against Discrimination (chapter 49.60 RCW).

PROCEDURE
This complaint procedure may be used by anyone who wishes to file a complaint alleging discrimination by OSPI on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, honorably discharged veteran or military status, status as a mother breastfeeding her child, disability, or the use of a trained dog guide or service animal by a person with a disability.

OSPI’s Equal Employment Opportunity/Affirmative Action Policy continues to govern employment-related complaints of discrimination. Complaints of discrimination in the provision of services, programs, or activities by a public school district in Washington shall be governed by the procedures set forth in school district policies, state and federal law, and/or chapter 392-190 of the Washington Administrative Code (WAC).

Level One
A complaint must be written and signed, and must explain the specific acts, conditions, or circumstances alleged to be discriminatory on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, honorably discharged veteran or military status, status as a mother breastfeeding her child, disability, or the use of a trained dog guide or service animal by a person with a disability. The complaint must also include the name and address of the complainant. Persons with disabilities may request an alternative means of filing a complaint, such as a personal interview or a tape recording of the complaint, by contacting OSPI’s Equity and Civil Rights Office at (360) 725-6162/TTY: (360) 664-3631.

The complaint should be submitted as soon as possible, but no later than 60 calendar days after the alleged violation. Complaints may be submitted in person or by mail:

OSPI Equity and Civil Rights Director
Old Capitol Building
PO Box 47200
600 Washington St. S.E.
Olympia, WA 98504-7200

Upon receipt of the complaint, OSPI will designate an employee to investigate the complaint. The investigation will start within 10 calendar days after OSPI receives the complaint. The investigator will provide OSPI’s Equity and Civil Rights Director and the Superintendent of Public Instruction (“superintendent”), or his/her designee, with a written report of the results of the investigation no later than 60 calendar days after receiving the complaint, unless an extension of the time limit is approved by the superintendent on the basis of exceptional circumstances with respect to a particular complaint.

The Equity and Civil Rights Director, or his/her designee, will respond to the complainant in writing within 10 calendar days after receiving the investigation report. OSPI will translate this response for complainants with limited English proficiency, as needed. Where appropriate, the response may also be provided in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will state either (1) that the allegations are denied and the basis for the denial, or (2) the reasonable corrective measures necessary to correct any violation.

Any corrective measures will be instituted within 30 calendar days from the date of this response, unless otherwise agreed to by the complainant.

Level Two
If the complainant disagrees with OSPI’s written decision, the complainant may appeal to the superintendent within 20 calendar days after receiving OSPI’s written decision. The appeal may be submitted in person or by mail to the address above.

Once OSPI receives an appeal, the superintendent, or his/her designee, will review the appeal and the results of the initial investigation. The superintendent, or his/her designee, may request additional information from the complainant, and may contact the complainant to discuss the complaint and possible resolutions. The superintendent, or his/her designee, will respond in writing to the complainant with the final resolution of the complaint as quickly as possible, but in no event later than 30 days after receiving the appeal. OSPI will translate this response for complainants with limited English proficiency, as needed. Where appropriate, the response may also be provided in a format accessible to the complainant, such as large print, Braille, or audio tape.

Other
At any time, the complainant may also seek resolution with any federal or state agencies empowered with the authority to resolve such a complaint.

Preservation of Records
All written complaints and appeals received by OSPI, and responses to such complaints and appeals, will be retained by OSPI for at least three years (see State Government General Records Retention Schedule, GS 09016).

 

Old Capitol Building, PO Box 47200, 600 Washington St. S.E., Olympia, WA  98504-7200  (360) 725-6000  TTY (360) 664-3631
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