The district will provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without discrimination based on race, religion, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, gender expression or identity, marital 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. The district will provide equal access to school facilities to the Boy Scouts of America and all other designated youth groups listed in Title 36 of the United States Code as a patriotic society. District programs will be free from sexual harassment. Auxiliary aids and services will be provided upon request to individuals with disabilities.
Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the district’s course offerings; educational programming or any activity will not be tolerated. When a district employee knows, or reasonably should know, that such discriminatory harassment is occurring or has occurred, the district will take prompt and effective steps reasonably calculated to end the harassment, prevent its recurrence and remedy its effects.
The district’s nondiscrimination statement will be included in all written announcements, notices, recruitment materials, employment applications, and other publications made available to all students, parents, or employees. The statement will include: 1) notice that the district will not discriminate in any programs or activities on the basis of any of the above-listed categories; 2) the name and contact information of the district’s compliance officer designated to ensure compliance with this policy; and 3) the names and contact information of the district’s Section 504 and Title IX compliance officers.
The district will annually publish notice reasonably calculated to inform students, students’ parents/guardians (in a language that they can understand, which may require language assistance), and employees of the district’s discrimination complaint procedure.
The superintendent will designate a staff member to serve as the compliance officer for this policy. The compliance officer will be responsible for investigating any discrimination complaints communicated to the district.
The district will provide training to administrators and certificated and classroom personnel regarding their responsibilities under this policy and to raise awareness of and eliminate bias and discrimination based on the protected classes identified in this policy.
Board Policy 2020 Curriculum Development and Adoption of Instructional Materials
Board Policy 2030 Service Animals in Schools
Board Policy 2140 Guidance and Counseling
Board Policy 2150 Co-Curricular Program
Board Policy 2151 Interscholastic Activities
Board Policy 4260 Use of School Facilities
Board Policy 4217 Effective Communication
RCW 28A.640 Sexual Equality
RCW 28A.642 Discrimination prohibition
RCW 49.60 Discrimination – Human rights commission
WAC 392-190-020 Training – Staff responsibilities – Bias awareness
WAC 392-190-060 Compliance – School district designation of responsible employee – Notification
WAC 392-400-215 Student rights
20 USC § 7905 Boy Scouts of America Equal Access Act
42 USC §§ 12101 - 12213 Americans with Disabilities Act
Policy News, Aug. 2007 Washington’s Law Against Discrimination
Policy News, June 2011 Washington’s Laws of Discrimination
Policy and Legal News, April 2013 Nondiscrimination Policy Revised
Policy & Legal News December 2014
REVISED: 4/22/93; 10/22/98; 5/26/05; 2/22/07; 10/25/07; 5/22/08; 1/28/10; 7/22/10; 4/28/11; 9/22/11; 2/28/13; 7/25/13; 3/26/15; 5/10/2018
Procedure No. 3210P Nondiscrimination
Anyone may file a complaint against the district alleging that the district has violated anti-discrimination laws. This complaint procedure is designed to assure that the resolution of real or alleged violations are directed toward a just solution that is satisfactory to the complainant, the administration and the board of directors. This grievance procedure will apply to the general conditions of the nondiscrimination policy (Policy 3210) and more particularly to policies dealing with guidance and counseling (Policy 2140), co-curricular program (Policy 2150), service animals in schools (Policy 2030) and curriculum development and instructional materials (Policy 2020). As used in this procedure:
- Grievance means a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws.
- Complaint means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.
- Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.
The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance.
- Informal Process for Resolution
Anyone with an allegation of discrimination may request an informal meeting with the compliance officer or designated employee to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve the issue at this meeting, the complainant may submit a written complaint to the compliance officer. During the course of the informal process, the district must notify complainant of their right to file a formal complaint.
- Formal Process for Resolution
Level One – Complaint to District
The complaint must set forth the specific acts, conditions, or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. The compliance officer will investigate the allegations within 30 calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer will provide the superintendent with a full written report of the complaint and the results of the investigation.
The superintendent will respond to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the Office of the Superintendent of Public Instruction.
The decision of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the district has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the district deems necessary to correct it; and 4) notice of the complainant’s right to appeal to the school board and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.
Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent's mailing of a written response to the complaining party unless otherwise agreed to by the complainant.
If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal to the district board of directors by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response.
The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the Office of the Superintendent of Public Instruction.
Level Three – Complaint to the Superintendent of Public Instruction
If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Superintendent of Public Instruction.
- A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20th) calendar day following the date upon which the complainant received written notice of the board of directors' decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
- A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
- Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.
A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.
Level Four – Administrative Hearing
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW
At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties.
It may be terminated by either party at any time during the mediation process. It may not be sued to deny or delay a complainant’s right to utilize the complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not:
1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because they serve as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
D. Preservation of Records
The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, will be retained in the office of the compliance officer for a period of six years.
- District Contact:
Director of Human Resources
Yelm Community Schools
107 First St N
PO Box 476
Yelm, WA 98597
- State Contacts:
Superintendent of Public Instruction
Equity and Civil Rights Office
PO Box 47200
Olympia, WA 98504-7200
Washington State Human Rights Commission
711 South Capitol Way, Suite 402
PO Box 42490
Olympia, WA 98504-2490
Office of Civil Rights
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
REVISED: 10/22/98; 05/26/2005; 05/22/2008; 01/28/10; 07/22/10; 9/22/11; 3/26/15
- Grievance means a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws.
QUALIFICATIONS OF ATTENDANCE AND PLACEMENT
3110 Admission and Attendance
3114 Part-time, Home-based, or Off-Campus Students
3115 Homeless Students: Enrollment Rights and Services
3116 Students in Foster Care
3122 Excused and Unexcused Absences
3123 Withdrawal Prior to Graduation
3124 Removal of Student during School Hours
3125 Release of Student during School Day
3126 Child Custody
3131 District Attendance Area Transfers
3140 Release of Resident Students
3141 Nonresident Students
3142 International Exchange Students
3143 District Notification of Juvenile Offenders
STUDENT RIGHTS AND RESPONSIBILITIES
3200 Student Rights and Responsibilities
3205 Sexual Harassment of Students Prohibited
3207 Prohibition of Harassment, Intimidation and Bullying
3211 Gender-Inclusive Schools
3220 Freedom of Expression
3223 Freedom of Assembly
3224 Student Dress
3225 School-Based Threat Assessment
3226 Interviews and Interrogations of Students on School Premises
3230 Student Privacy and Searches
3231 Students Records
3232 Parent and Student Rights in Administration of Surveys Analysis or Evaluations
3235 Protection of Student Personal Information
3240 Student Conduct Expectations and Reasonable Sanctions
3241 Student Discipline
3242 Closed Campus
3243 Student Driving
3244 Prohibition of Corporal Punishment
3245 Students and Telecommunication Devices
3246 Use of Isolation, Restraint and Other Uses of Reasonable Force
3410 Student Health
3412 Automated External Defibrillators (AED)
3413 Student Immunization and Life Threatening Conditions
3414 Infectious Diseases
3415 Accommodating Students with Diabetes
3416 Medication at School
3418 Response to Student Injury or Illness
3419 Self-Administration of Asthma and Anaphylaxis Medications
3420 Anaphylaxis Prevention and Response
3421 Child Abuse, Neglect and Exploitation Prevention
3422 Student Sports – Concussion, Head Injury and Sudden Cardiac Arrest
3510 Associated Student Bodies
3515 Student Incentives
3520 Student Fees, Fines, Charges
3530 Student Fund Raising Activities Involving Students