WAC 392-190-075

(1) Complaint to OSPI.

(a) If a complainant disagrees with the appeal decision under WAC 392-190-070, the complainant may file a complaint with OSPI.

(b) The complaint must be received by OSPI within 20 calendar days after the complainant received the school district's written appeal decision, unless OSPI grants an extension for good cause. The complaint may be submitted by mail, fax, email, or hand delivery.

(c) The complaint must be in writing and include:

(i) A description of the specific acts, conditions, or circumstances alleged to violate this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, and the facts on which the complaint is based;

(ii) The name and contact information, including an address, of the complainant;

(iii) A copy of the complainant's written complaint to the school district and appeal to the school board;

(iv) A copy of the school district's complaint and appeal decisions under WAC 392-190-065 and 392-190-070;

(v) A proposed resolution of the complaint or relief requested; and

(vi) 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 for the student.

(d) OSPI may require the complainant to submit a signed consent form from a student's legal parent or guardian before OSPI proceeds to open an investigation that involves an individual student.

(2) OSPI investigation.

(a) Upon receipt of a complaint, OSPI may, at its discretion, initiate an investigation, which may include reviewing relevant information or conducting an independent on-site review. OSPI may, at its discretion, investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the school district under WAC 392-190-065 or 392-190-070.

(b) If OSPI initiates an investigation, OSPI will provide notice to the school district of the complaint and the issues OSPI has identified for investigation. As part of the investigation, OSPI will provide the school district the opportunity to respond in writing to the complaint and provide any information the district deems relevant to OSPI's investigation. The school district will provide such response and information, if any, within 30 calendar days of its receipt of OSPI's notice of the investigation, unless OSPI agrees to an extension.

(c) OSPI will provide a copy of the notice under subsection (3)(b) of this section to the complainant in a language that 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.

(3) Investigation resolution.

(a) A complaint may be resolved at any time when, before the conclusion of an investigation by OSPI, the complainant withdraws their complaint or a school district enters into a voluntary resolution agreement with OSPI to take actions to resolve the complaint.

(b) If the complaint is not resolved voluntarily, following an investigation, OSPI will make an independent determination as to whether a preponderance of the evidence shows the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. OSPI will issue a written proposed order to the complainant and the school district that states OSPI's determination with regard to each issue identified for investigation in the notice provided under subsection (3)(b) of this section.

(c) If OSPI determines the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, OSPI will issue a proposed order that includes:

(i) Findings of fact;

(ii) One or more conclusions of law stating how the school district failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005;

(iii) An order of appropriate corrective measures or sanctions, which could include, but is not limited to:

(A) The institution of a corrective action plan, which will include corrective actions OSPI deems necessary to correct the noncompliance, the timeline for completing such corrective actions, and the documentation the school district must provide OSPI to show the corrective actions are completed;

(B) The institution of sanctions or other corrective measures outlined in WAC 392-190-080; and

(iv) Notice of appeal procedures under WAC 392-190-079.

(d) If the school district does not exercise its right to appeal the proposed order pursuant to the procedures described in WAC 392-190-079 within 30 calendar days of the date of the proposed order, the proposed order shall be the final order of the agency.

(4) Corrective action monitoring.

(a) All corrective actions must be completed within the timelines established in the final order unless OSPI grants an extension.

(b) If timely compliance by a school district is not achieved, OSPI may take actions to ensure compliance. Such actions may include, but are not limited to, referring the school district to appropriate state or federal agencies empowered to order compliance with the law or the initiation of additional sanctions or corrective measures under WAC 392-190-080.