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Chapter 28A.642 RCW

DISCRIMINATION PROHIBITION

RCW Sections

28A.642.005Findings.
28A.642.010Discrimination prohibited -- Definitions.
28A.642.020Rules and guidelines.
28A.642.030Compliance -- Monitoring -- Compliance enforcement.
28A.642.040Individual right of action.
28A.642.050Authority of superintendent of public instruction -- Administrative orders.
28A.642.060Chapter supplementary.
28A.642.070Schools established under state-tribal education compacts.


28A.642.005
Findings.

The legislature finds that in 1975 legislation was adopted, codified as chapter 28A.640 RCW, recognizing the deleterious effect of discrimination on the basis of sex, specifically prohibiting such discrimination in Washington public schools, and requiring the office of the superintendent of public instruction to monitor and enforce compliance. The legislature further finds that, while numerous state and federal laws prohibit discrimination on other bases in addition to sex, the common school provisions in Title 28A RCW do not include specific acknowledgment of the right to be free from discrimination because of race, creed, color, national origin, honorably discharged veteran or military status, sexual orientation, 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, nor do any common school provisions specifically direct the office of the superintendent of public instruction to monitor and enforce compliance with these laws. The legislature finds that one of the recommendations made to the legislature by the *achievement gap oversight and accountability committee created in chapter 468, Laws of 2009, was that the office of the superintendent of public instruction should be specifically authorized to take affirmative steps to ensure that school districts comply with all civil rights laws, similar to what has already been authorized in chapter 28A.640 RCW with respect to discrimination on the basis of sex.

[2010 c 240 § 1.]

Notes:

     *Reviser's note: The "achievement gap oversight and accountability committee" was renamed the "educational opportunity gap oversight and accountability committee" by 2011 1st sp.s. c 21 § 33.




28A.642.010
Discrimination prohibited — Definitions.

Discrimination in Washington public schools on the basis of race, creed, religion, color, national origin, 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 is prohibited. The definitions given these terms in chapter 49.60 RCW apply throughout this chapter unless the context clearly requires otherwise.

[2010 c 240 § 2.]




28A.642.020
Rules and guidelines.

The superintendent of public instruction shall develop rules and guidelines to eliminate discrimination prohibited in RCW 28A.642.010 as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.

[2010 c 240 § 3.]




28A.642.030
Compliance — Monitoring — Compliance enforcement.

The office of the superintendent of public instruction shall monitor local school districts' compliance with this chapter, and shall establish a compliance timetable, rules, and guidelines for enforcement of this chapter.

[2010 c 240 § 4.]




28A.642.040
Individual right of action.

Any person aggrieved by a violation of this chapter, or aggrieved by the violation of any rule or guideline adopted under this chapter, has a right of action in superior court for civil damages and such equitable relief as the court determines.

[2010 c 240 § 5.]




28A.642.050
Authority of superintendent of public instruction — Administrative orders.

The superintendent of public instruction has the power to enforce and obtain compliance with the provisions of this chapter and the rules and guidelines adopted under this chapter, by appropriate order made pursuant to chapter 34.05 RCW. The order may include, but is not limited to, termination of all or part of state apportionment or categorical moneys to the offending school district, termination of specified programs in which violations may be flagrant within the offending school district, institution of corrective action, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved.

[2010 c 240 § 6.]




28A.642.060
Chapter supplementary.

This chapter is supplementary to, and does not supersede, existing law and procedures and future amendments to those laws and procedures relating to unlawful discrimination.

[2010 c 240 § 7.]




28A.642.070
Schools established under state-tribal education compacts.

Nothing in this chapter prohibits schools established under chapter 28A.715 RCW from:

     (1) Implementing a policy of Indian preference in employment; or

     (2) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.

[2013 c 242 § 6.]