Our Schools Are Committed to Students and State Law
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Our Schools Are Committed to Students and State Law
Students have the right to learn in schools that follow state law and protect their rights. Willful noncompliance happens when a school district leader or school board member does something—or fails to do something—that they knew, or reasonably should have known, would violate state law. Under ESHB 1296, OSPI is responsible for investigating complaints about willful noncompliance and working to find fair solutions.
These laws include requirements related to:
- Civil rights and nondiscrimination (RCWs 28A.640 and 28A.642)
- Harassment, intimidation, or bullying (RCW 28A.600.477)
- Curriculum requirements and instructional materials policies (RCWs 28A.150.230, 28A.300.475, 28A.320.170, 28A.320.230, and 28A.320.235)
- Use of restraint or isolation (RCW 28A.600.485)
- Student discipline (chapter 28A.600 RCW)
How do I make a complaint about willful noncompliance with state law?
You must first use available complaint processes to try to resolve your concern. This means the available complaint processes start with your school district, even if the school district Superintendent or a School Board member is the subject of your complaints. School personnel are not allowed to retaliate for making a formal complaint.
If no available complaint processes are available, you must check OSPI's website for other OSPI complaint procedures at How to File a Complaint, and follow any applicable processes. If none exist, or you have completed all other processes, you must send written notice to the district Superintendent at least 30 calendar days before filing a complaint with OSPI.
Complaints to OSPI must be submitted within 30 calendar days after a final decision in the local complaint process, when one applies. The complaint must be in writing and include enough information to describe the concern and the actions or failures to act that may be willful noncompliance. You may send the complaint by mail, email, or hand delivery to OSPI.
When OSPI receives a complaint that meets the requirements for investigation, it will open an investigation. OSPI will send you written notice of the allegations under investigation. After the investigation is complete, OSPI will issue written findings to you and your school. These findings will state whether noncompliance occurred and may require the school to take actions to fix the issue.