WSR 14-08-065

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 31, 2014, 10:30 a.m.]

Subject of Possible Rule Making: Revising the monitoring and complaint procedures in chapter 392-190 WAC regarding discrimination in Washington public schools.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.640.020 and 28A.642.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapters 28A.642 and 28A.640 RCW prohibit discrimination in Washington public schools on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression or identity, veteran or military status, disability, and the use of a trained guide dog or service animal by a person with a disability. These statutes require the office of superintendent of public instruction (OSPI) to develop rules to eliminate discrimination in Washington public schools. These rules are found in chapter 392-190 WAC. OSPI seeks to revise chapter 392-190 WAC, specifically with respect to OSPI's monitoring and complaint procedures for addressing allegations of discrimination. Revisions are needed to provide a more efficient and equitable resolution of discrimination complaints for both school districts and families. OSPI anticipates that a revised process will (1) result in a less adversarial and more cooperative process to resolve discrimination complaints; (2) ease the financial and emotional burden on families and school districts; (3) encourage districts to resolve concerns about discrimination at the lowest level possible; and (4) reduce the likelihood that these matters will be taken to court. Additional changes are needed to increase readability and clarify OSPI's monitoring procedures.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Education's Office for Civil Rights and the Washington state human rights commission regulate similar nondiscrimination laws. There is no need to coordinate this rule change with these agencies.

Process for Developing New Rule: Agency review and analysis of the current complaint process and outcomes.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Yvonne Ryans, Ed.D., Director, OSPI Equity and Civil Rights Office, (360) 725-6162, equity@k12.wa.us, http://www.k12.wa.us/Equity/default.aspx. A public hearing will also be scheduled.

March 31, 2014

Randy Dorn

Superintendent of

Public Instruction