Equity and Civil Rights
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Equity and Civil Rights

HB 3026 / Chapter 28A.642 RCW
Discrimination prohibited in Washington public schools

Background

In 2010, a new state law was passed, chapter 28A.642 RCW, that prohibits discrimination in Washington public schools based on race, creed, religion, color, national origin, sexual orientation including gender expression or identity, veteran or military 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. This law is similar to the sexual equality law already in the school code, chapter 28A.640 RCW, which prohibits discrimination based on sex.

Final Rules

Under this new law, OSPI must develop rules and guidelines to eliminate discrimination in public school employment, counseling and guidance services to students, recreational and athletic activities, access to course offerings, and in textbooks and instructional materials.

On April 13, 2011, OSPI adopted the final rules to implement this law and filed a Rule-Making Order (also called the CR-103P form) with the Washington State Code Reviser’s office. These rules will be in effect on May 13, 2011 and will be located in chapter 392-190 of the Washington Administrative Code (WAC).

Rulemaking Process

In May and June 2010, OSPI received preliminary input about the implementation of this law. Input was received through town hall meetings, electronic survey, written survey, e-mail, mail, and fax.

On December 21, 2010, OSPI filed a Notice of Proposed Rulemaking (also called the CR-102 form) with a brief description of the rules, a copy of the proposed rule text, and the date, time, and location of the public hearings and the process for submitting comments. Public hearings were held on January 25, 2011 in Olympia, WA and on January 26, 2011 via video conference at the nine Educational Service District locations throughout the state. Written comments were accepted through January 26, 2011. OSPI has prepared a Concise Explanatory Statement summarizing all comments received regarding the proposed rules and OSPI’s response to the comments.

 

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