Nondiscrimination Law & Policy
Contact Information
Preventing & Addressing Discrimination in Student Discipline
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 海角社区'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.
Prohibiting Discrimination in Washington Public Schools
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 海角社区's interpretation of the law and are provided to support school districts' understanding of their obligations under these laws.
Note: These guidelines are currently under revision and may not reflect 海角社区's revised rules for chapter WAC (effective December 19, 2014), which supersede these guidelines where different.
- Select by Topic
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- Counseling and Guidance Services
- Textbooks and Instructional Materials
- Access to Course Offerings and School Programs
- School Enrollment
- Students with Limited English Proficiency
- Translation and Interpretation Services
- Students with Disabilities
- Students and Service Animals
- Access to School District Online Programs
- Single-Sex Classes
- Student Discipline
- Religious Discrimination
- Gender Identity and Gender Expression
- Pregnant and Parenting Students
- Discriminatory Harassment
- Sexual Harassment
- Recreational and Athletic Activities
- Employment Discrimination and Affirmative Action
- Procedural Requirements
- Discrimination Complaint and Appeal Procedures
- 海角社区 Monitoring and Enforcement
- Appendix A - Definitions
- Appendix B - Nondiscrimination Laws
- Appendix C - Sample Utilization Analysis and Goals for Affirmative Action Plans
- Appendix D - Checklist of Procedural and Reporting Requirements
- Appendix E - Investigation Tips and Techniques
- Index
Discrimination & Protected Classes
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.
- Sex
- Race and color
- Religion and creed
- National origin
- Sexual orientation
- Gender identity and gender expression
- Disability and the use of a trained dog guide or service animal
- Honorably discharged veteran or military status
Nondiscrimination Laws, by Protected Class
- Age
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Federal Law
(34 C.F.R. Part 110)Washington State Law
— Washington Law Against Discrimination.Note: 海角社区 does not have authority to enforce this law—complaints can be made to the .
- Disability
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Federal Law
(34 C.F.R. Part 104)
(28 C.F.R. Part 35) Applies to public entities with 50 or more employees.Washington State Law
| — Equal Educational Opportunity Law — Washington Law Against DiscriminationFor more information and resources:
- Gender Identity and Gender Expression
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Federal Law
(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.Washington State Law
| — Equal Educational Opportunity Law
— Washington Law Against DiscriminationFor more information and resources:
- National Origin
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These laws also protect students and families with limited-English proficiency.
Federal Law
(34 C.F.R. Part 100)
(42 U.S.C. §2000c, et seq.)
(20 U.S.C. §1701, et seq.)
(34 C.F.R. Part 106)Washington State Law
| — Equal Educational Opportunity Law
| — Washington Law Against DiscriminationFor more information and resources:
- Race and Color
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Federal Law
(34 C.F.R. Part 100)
(42 U.S.C. §2000c, et seq.)
(34 C.F.R. Part 106)Washington State Law
| — Equal Educational Opportunity Law
— Washington Law Against Discrimination - Religion and Creed
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Federal Law
(42 U.S.C. §2000c, et seq.)
(34 C.F.R. Part 106)Washington State Law
— Students' rights of religious expression — Duty of superintendent of public instruction to inform school districts.
| — Equal Educational Opportunity Law
— Washington Law Against DiscriminationFor more information and resources:
- Sex
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Federal Law
(34 C.F.R. Part 106)
(42 U.S.C. §2000c, et seq.)
(34 C.F.R. Part 106)Washington State Law
| — Equal Educational Opportunity Law
— Washington Law Against Discrimination - Sexual Orientation
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Federal Law
(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.Washington State Law
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— Washington Law Against Discrimination - Veteran or Military Status
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Washington State Law
| — Equal Educational Opportunity Law
— Washington Law Against Discrimination?