WAC 392-190-070

(1) Appeals.

(a) A school district's complaint procedure required under WAC 392-190-065 must provide an option to appeal the decision of the school district superintendent or their designee to the district school board of directors. The school board may designate a different party or board to decide appeals under this section so long as the designee is granted authority to order the school district to take corrective measures deemed necessary to correct any noncompliance identified in the appeal.

(b) Any individuals deciding the appeal may not have been involved in the initial complaint, investigation, or decision under WAC 392-190-065.

(c) A school district may establish an appeal filing deadline. The appeal filing deadline must be no less than 10 calendar days from the date the complainant received the school district's response under WAC 392-190-065.

(d) The appeal must be submitted in writing.

(2) Appeal decision.

(a) The school district must provide the school board or school board designee's written appeal decision to the complainant in a timely manner, not to exceed 30 calendar days from the date the school district received the appeal, unless otherwise agreed to by the complainant. The appeal decision must include notice of the complainant's right to file a complaint with OSPI under WAC 392-190-075.

(b) The written appeal decision must 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 of 1964.

(c) At the time the school district responds to the complainant, the school district must send a copy of the appeal decision to OSPI.

(3) Failure to respond.

(a) If a school district fails to comply with the procedures in this section such that the complainant is denied a timely written appeal decision, the complainant may file a complaint with OSPI. In lieu of opening an investigation, OSPI may direct the school district to complete its appeal and respond consistent with subsection (2) of this section.

(b) The complaint to OSPI must be in writing and include:

(i) A copy of the appeal that complainant submitted to the school board or their designee under this section; and

(ii) Information about when, how, and to whom the appeal was submitted; and

(iii) A copy of any communication between the complainant and the school board or their designee regarding the appeal decision timelines.

(c) The complainant must file the complaint to OSPI within one year of their appeal to the school board or their designee. The complaint may be submitted by mail, fax, email, or hand delivery.