Kiona-Benton City School District

Cross References:	4220 - Complaints Concerning Staff or Programs 3122 - Excused and Unexcused Absences 3114 - Part-Time, Home-Based, or Off-Campus Students 2140 - Guidance and Counseling 2121 - Substance Abuse Program 2108 - Remediation Programs 2100 – Educational Opportunities for Military Children
Legal References:	RCW 28A.225.010 Attendance mandatory — Age —Exceptions RCW 28A.225.020 School’s duties upon child’s failure to attend school RCW 28A.225.160 Qualification for admission to district’s schools — Fees for preadmission screening RCW 28A.225.220 Adults, children from other districts, agreements for attending school — Tuition WAC 392-134-010 Attendance rights of part-time public school students WAC 392-137 Finance — Nonresident attendance WAC 392-335 Pupils - Uniform Entry Qualifications
Management Resources:	Policy News, April 2006 Entrance to School Policy Changes Policy News, August 1999 Districts may set K-screening fees

Legal References:	RCW 28A.150.350 Part-time students — Defined — Enrollment authorized — Reimbursement for costs--Funding authority recognition — Rules, regulations RCW 28A.195.010 Private schools — Exemption from high school assessment requirements — Extension programs for parents to teach children in their custody RCW 28A.200.010 Home-based instruction — Duties of parents — Exemption from high school assessment requirements RCW 28A.200.020 Home-based instruction — Certain decisions responsibility of parent unless otherwise specified RCW 28A.225.010 Attendance mandatory — Age —Exceptions RCW 28A.225.220 Adults, children from other districts, agreements for attending school — Tuition RCW 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school — School employees' children — Acceptance and rejection standards — Notification WAC 392-121-182 Alternative learning experience requirements WAC 392-134-010 Attendance rights of part-time public school students

Cross References:	3116 - Students in Foster Care 3120 - Enrollment 3231 - Student Records 3413 - Student Immunization And Life Threatening Health Conditions 4218 - Language Access Plan
Legal References:	RCW 28A.225.215 Enrollment of children without legal residences RCW 28A.320.145 Support for homeless students. 20 U.S.C. 6301 et seq. Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act [ESSA] 42 U.S.C. 11431 et seq. McKinney-Vento Homeless Assistance Act Chapter 28A.320 RCW Provisions applicable to all districts (new section created by 3SHB 1682, 2016 legislative session)
Management Resources:	2018 - May Issue 2017 - October Policy Issue 2017 - July Policy Issue Posters and Other Materials for Community Outreach - OSPI 2016 - November Issue 2016 - July Issue 2014 - December Issue 2004 - October Issue 2002 - October Issue

Cross References:	2418 - Waiver of High School Graduation Credits 3115 - Homeless Students- Enrollment Rights and Services 3120 - Enrollment 3122 - Excused and Unexcused Absences 3231 - Student Records 6100 - Revenues From Local, State and Federal Sources
Legal References:	RCW 28A.150.510 Transmittal of education records to department of social and health services – Disclosure of educational records – Data-sharing agreements – Comprehensive needs requirement document – Report RCW 28A.225.023 Youth dependent pursuant to Chapter 13.34 RCW - Review of unexpected or excessive absences – Support for youth’s school work RCW 28A.225.215 Enrollment of children without legal residences RCW 28A.225.330 Enrolling students from other districts—Requests for information and permanently records—Withheld transcripts-Immunity from liability—Notification to teachers and security personnel—Rules RCW 28A.320.192 On-time grade level progression and graduation of students who are dependent youth RCW 74.13.550 Child placement – Policy of educational continuity 20 U.S.C. 6301 et seq. Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act [ESSA]
Management Resources:	2018 - May Issue 2017 - July Issue 2016 - November Issue OSPI list of Foster Care Liaisons/DSHS Contacts

Policy: 3116P
Section: 3000 - Students

Procedure - Students in Foster Care

Definitions

Additional costs incurred in providing transportation are those costs that reflect the difference between what the district would otherwise spend to transport a student to his or her assigned school and the cost of transporting a student in out-of-home care to his or her school of origin. The district would, for example, incur an additional cost if it had no choice but to re-route busses to transport a student in foster care to one of its schools.
Best interest determination means using child-centered criteria for determining which educational setting is best for a particular child. Decisions should be made on a case-by-case basis and should not be based on the cost of transportation.
Caregiver means potential out-of-home placement options including licensed foster homes, relatives, group care providers or other court-ordered suitable parties. All placement options result from state dependency court actions. This term is relevant to the dispute resolution process for education-services decisions relevant to students in out-of-home care.
Educational decision-maker means the caregiver and social worker listed on the Caregiver Authorization Form who are authorized to make day to day decisions for children and youth in out-of-home care. Additional decision-makers such as the birth parent, education liaison, or other appropriate adult may be court-appointed and identified on the Health and Education Authorization Court Order. This term is relevant to the dispute resolution process for enrollment and transportation decisions relevant to students in out-of-home care.
Out-of-home care has the same meaning as in RCW 13.34.030, and means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
Other supervising agency means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in Washington under RCW 74.15.190 that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.
School of origin means the school in which a child is enrolled at the time of placement in foster care. If a child’s foster care placement changes, the school of origin would then be considered the school in which the child is enrolled at the time of placement change.

Duties of the foster care liaison

The superintendent or designee will designate a district foster care liaison to facilitate district compliance with state and federal laws related to student in out-of-home care and to collaborate with the department of children, youth, and families to address educational barriers for these students. The role and responsibilities of a foster care liaison may include:

Coordinating with the department of children, youth, and families on the implementation of state and federal laws related to students in out-of-home care;
Coordinating with foster care education program staff at the office of the superintendent of public instruction;
Attending training and professional development opportunities to improve school district implementation efforts;
Serving as the primary contact person for representatives of the department of children, youth, and families;
Leading and documenting the development of a process for making best interest determinations in accordance with the processes identified in this procedure;
Facilitating immediate enrollment in accordance with RCW 28A.225.330;
Facilitating the transfer of records in accordance with RCW 28A.150.510 and 28A.225.330;
Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules;
Developing and coordinating local transportation procedures;
Managing best interest determination and transportation cost disputes according to the best practices developed by the office of the superintendent of public instruction;
Ensuring that students in out-of-home care are enrolled in and regularly attending school, consistent with RCW 28A.225.023; and
Providing professional development and training to school staff on state and federal laws related to students in out-of-home care and their educational needs, as needed.

The district foster care liaison will also:

Collaborate with the district’s Title I coordinator and the appropriate child welfare agency point of contact on the implementation of Title I provisions;
Document all best interest determination processes as well as collaboration with the child welfare agency or agencies;
Develop and coordinate local transportation procedures;
Manage transportation costs disputes;
Coordinate all appeals of education-based decisions for students in out-of-home care and district appeals of inter-agency disputes; and
As resources permit, provide guidance to school staff on Title I provisions and educational needs of students in out-of-home care on an as-needed basis.

Enrollment in school of origin

When the district foster care liaison receives notification from a child welfare agency that a student in out-of-home care will be moving to a new residence and the necessary timeframe for determining the student’s most appropriate school placement, the district liaison/designee will in turn provide the agency with information on the appropriateness of the current educational setting. In order to minimize disruption to their education, students placed into out-of-home care must remain enrolled in the school they were attending upon entering out-of-home care, unless it is determined that such placement is not in the student’s best interest.

Best interest determination

When a determination of the student’s best interest is necessary, it will take into account a variety of student-centered factors and input from relevant and appropriate persons. The student-centered factors for consideration should include:

How long is the student’s current out-of-home care placement expected to last?
What is the student’s permanency plan and how does it related to school stability?
How many schools has the student attended in the current year?
How many schools has the student attended over the past few years?
Considering the impacts of past transfers, how may transferring to a new school impact the student academically, emotionally, physically, and socially?
What are the immediate and long-term educational plans of, and for, the student?
How strong in the student academically?
If the student has special needs, what impact will transfer to a new school have on the student’s progress and services?
To what extent are the programs and activities at the potential new school comparable to, or more appropriate than, those at the school of origin?
Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?
Which school does the student prefer?
How deep are the child’s ties to his or her school of origin?
Would the timing of the school transfer coincide with a logical juncture, such as after testing, after an event that is significant to the student, or at the end of the school year?
How would changing schools affect the student’s ability to earn full academic credit, participate in sports or other extracurricular activities, proceed to the next grade, or graduate on time?
How would the commute to the school under consideration impact the student, in terms of distance, mode of transportation, and travel time?
How anxious is the student about having been removed from the home or about any upcoming events?
What school does the student’s sibling attend? And
Are there safety issues to consider?

When making best-interest determination, every effort should also be made to gather meaningful input from relevant and appropriate persons on their perspective regarding which school the student should attend during his or her time in out-of-home care, consistent with the student’s case plan. Such relevant and appropriate persons include:

Representatives of the department of children, youth, and families;
Representatives of the school of origin, such as a teacher, counselor, coach, or other meaningful person in the student’s life;
Biological parents;
Foster parents;
Educational liaisons identify under RCW 13.34.045;
The student’s relatives; and
Depending on his or her age, the student.

Additionally, the district will adopt any best-interest determination guide developed by the office of the superintendent of public instruction during the discussion about the advantages and disadvantages of keeping the student in the school of origin or transferring the student to a new school.

The best interest determination will be made as quickly as possible in order to prevent educational discontinuity for the student. Written notification of the determination will be given to appropriate parties involved in the determination, including the student’s biological parents, foster parents, school representatives and educational liaisons, as well as representatives of the department of children, youth, and families.

Only a caregiver or education decision-maker for the student may file an appeal using the Dispute Resolution Process.

Dispute resolution process: Disputes between the district and the student’s caregiver/education decision–maker.

The District will adopt and implement any dispute resolution process developed by the office of the superintendent of public instruction when there is a disagreement about school placement, the provision of educational services, or a dispute between agencies.

Level One

The student’s caregiver or education decision-maker may dispute the district’s best interest determination, transportation decision, or the provision of any other education-related service for a student in foster care. They may do so by providing the district or the district’s foster care liaison with written notice of the dispute within fifteen (15) business days of receiving notice of the district’s determination (e.g., that the district intends to enroll the student in a school other than the school of origin or the school requested by the caregiver or the education decision-maker).

FOSTER CARE LIAISON:
BERNARDO CASTILLO
1105 DALE AVENUE, BENTON CITY, WA 99320
509.588.2000
bcastillo@kibesd.org

The notice of dispute, if provided to the district, will be immediately forwarded to the foster care liaison, or, if that person is unavailable, another designee. The liaison will log receipt of the notice (including the date and time), and then forward a copy of this documentation to their immediate supervisor and the superintendent or designee.

The liaison will make a decision on the dispute within five (5) business days of receipt and inform the caregiver or educational decision-maker in writing of the result. The following documents will be included with the decision in an “appeals package”:

A copy of the original notice of dispute;
Any additional information from the caregiver or educational decision-maker and/or foster care liaison; and
Instructions on appealing the decision to Level II.

The liaison will verify receipt of the written decision by the caregiver or education decision-maker.

Level Two

If the caregiver or education decision-maker disagrees with the decision of the foster care liaison, he or she may appeal the decision to the superintendent or his/her designee (who must be someone other than the foster care liaison). He or she may do so by providing the superintendent’s office with a copy of the Level I appeals package within ten (10) business days of their receipt of the Level I decision.

Within five (5) business days of the notification to the district that the caregiver or education decision-maker intends to appeal, the superintendent or designee will arrange to meet within a reasonably expeditious time period either in-person or through phone/video conference with the student’s caregiver or educational decision-maker, the student if appropriate, and at least one representative from DSHS or another supervising agency. If it is not possible for the DSHS or other supervising agency representative to be present within a reasonable time, the superintendent or designee will document their efforts to include the representative and proceed with the conference.

Within five (5) business days of the conference, the superintendent or designee will provide the caregiver or educational decision-maker with a written decision, supporting evidence, reasons for the decision and an appeals package that includes:

A copy of the initial dispute filed at Level I and the Level I decision;
The Level II decision rendered by the superintendent or designee;
Any additional information from the caregiver or education decision-maker and/or foster care liaison;
Instructions as to how to file a Level III appeal, including the physical address and email address of where to submit the dispute:

Foster Care Education Program Supervisor
Old Capital Building
PO Box 47200
Olympia, WA 98504-7200
fostercare@k12.wa.us

The district’s foster care liaison will also be provided a copy of the Level II decision and appeals package. The liaison will be responsible for verifying receipt of the decision and appeals package by the caregiver or educational decision-maker.

Level III

If the caregiver or education decision-maker disagrees with the decision of superintendent or designee, he or she may appeal the decision by notifying the district’s foster care liaison within ten (10) business days of receipt of the Level II decision of their intent to file a Level III appeal.

The superintendent or designee will forward all written and electronic documentation to the OSPI Foster Care Education Program Supervisor or designee for review within five (5) business days of receiving notification of the caregiver or education decision-maker’s intent to file a Level III appeal.

The caregiver or education decision-maker may also submit related documentation to the OSPI Foster Care Education Program Supervisor and the district’s foster care liaison for review within five (5) business days after notifying the district of their intent to file a Level III appeal. The documentation must be submitted in one consolidated and complete package via email or the US Postal Service.

The OSPI Foster Care Education Program Supervisor or designee and appropriate DSHS representatives shall make a decision within fifteen (15) business days of receipt of the dispute. The decision will be forwarded to the district’s foster care liaison for distribution to the caregiver or educational decision-maker, the DSHS representative engaged by the district at Level II and the superintendent. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.

The district will maintain records of disputes resolved at the Level I, Level II and/or Level III and shall be made available to OSPI upon request.

Dispute Resolution Process: Disputes between the district and the child welfare agency
In the event that the district and the child welfare agency are unable to resolve a dispute that does not involve educational placement or the provision of educational services to a student in foster care (e.g., failure to collaborate, transportation reimbursements, date sharing, records release policies), either party may forward the dispute in writing to the OSPI Foster Care Education Program Supervisor or designee.

Within ten (10) business days of receipt of the dispute, a written decision will be forwarded to the superintendent, the district’s foster care liaison and the agency representative involved in the dispute. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.

Adoption Date:
Revised Dates: 05.18; 10.18

Cross References:	2255 - Alternative Learning Experience Programs
Legal References:	RCW 28A.225.215 Enrollment of children without legal residences RCW 28A.225.330 Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules WAC 392-121-108 Definitions — Enrollment exclusions WAC 392-121-122 Definitions —Full-time equivalent student WAC 392-121-182 Alternative learning experience requirements WAC 392-169-022 Running start student — Definition
Management Resources:	2014 - June Issue

Grade K:	20 hours or more per week or four hours or more for 90 scheduled days or 10 hours or more per week or two hours or more for 180 scheduled days.
Grade 1-3:	20 hours or more per week or four hours or more for 180 scheduled days.
Grade 4-10:	25 hours or more per week or five hours or more for 180 scheduled days.
Grade 11-12:	25 hours or more per week or five hours or more for 180 scheduled days; the equivalent in a combination of high school, community college and/or vocational-technical institute courses; or the equivalent in an alternative school program.

Legal References:	WAC 392-400-325, 392-401 Statewide definition of excused and Unexcused daily absences. RCW 13.34.300 Failure to cause juvenile to attend school as evidence under neglect petition Chapter 28A.225. Compulsory School Attendance and Admission.

Cross References:	2163 – Response to Intervention 2140 - Guidance and Counseling 2121 - Substance Abuse Program 2108 - Remediation Programs 2090 - Program Evaluation
Legal References:	RCW 28A.225.010 Attendance mandatory — Age —Exceptions RCW 28A.225.020 School's duties upon child's failure to attend school

Cross References:	4310 - District Relationships with Law Enforcement and other Government Agencies 4200 – Safe and Orderly Learning Environment 3418 - Response to Student Injury or Illness 3126 – Child Custody
Legal References:	RCW 28A.605.010 Removing child from school grounds during school hours

Cross References:	4310 - District Relationships with Law Enforcement and other Government Agencies 4200 - Safe and Orderly Learning Environment 3231 - Student Records 3124 - Removal-Release of Student During School Hours 2420 - Grading and Progress Reports
Legal References:	CFR 45, Part 99 Family education rights and privacy act RCW 13.34.200 Order terminating parent and child relationship - Rights of parties when granted RCW 26.09.184 Permanent parenting plan
Management Resources:	2012 - December Issue Policy News, December 2008 Child Custody Policy News, October 2008 Child Custody

Legal References:	RCW 28A.225.220 Adults, children from other districts, agreements for attending school —Tuition RCW 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school – School employees’ children – Acceptance and rejection standards - Notification RCW 28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district — Procedure RCW 28A.225.290 Enrollment options information booklet RCW 28A.225.300 Enrollment options information to parents
Management Resources:	2011 – December Issue Policy News, June 2003 Enrolling Children of School Employees Policy News, February 2001 Federal Budget Implicates Policy

Cross References:	3120 - Enrollment
Legal References:	RCW 28A.225.220 Adults, children from other districts, agreements for attending school — Tuition RCW 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school – School employees’ children – Acceptance and rejection standards - Notification RCW 28A.225.240 Apportionment credit RCW 28A.225.290 Enrollment options information booklet RCW 28A.225.300 Enrollment options information to parents WAC 392-137 Finance — Nonresident attendance
Management Resources:	2015 – October Policy Issue Policy News, June 2003 Enrolling children of School Employees Policy News, September 1999 School safety bills impact policy

Cross References:	4315 - Release Of Information Concerning Sexual And Kidnapping Offenders 3140 - Release of Resident Students 2161 - Special Education and Related Services for Eligible Students
Legal References:	RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement - Provision of information to teachers and other personnel â€” Confidentiality RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking â€” Notification of discharge, parole, leave, release, transfer, or escape â€” To whom given â€” School attendance â€” Definitions RCW 28A.600.460 Classroom discipline â€” Policies - Classroom placement of student offenders â€” Data on disciplinary actions
Management Resources:	2010 - October Issue Policy News, June 1999 School Safety Bills Impact Policy Policy News, August 1997 Legislature addresses student discipline

Cross References:	3143 - District Notification of Juvenile Offenders 3120 - Enrollment
Legal References:	RCW 4.24.550 Sex offenders and kidnapping offenders â€” Release of information to public â€” Web site RCW 9A.44.130 Registration of sex offenders and kidnapping offenders â€” Procedures â€” Definition â€” Penalties RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement â€” Provision of information to teachers and other personnel â€” Confidentiality RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking â€” Notification of discharge, parole, leave, release, transfer, or escape â€” To whom given â€” School attendance â€” Definitions RCW 28A.225.330 Enrolling students from other districts â€” Requests for information and permanent records â€” Withheld transcripts â€” Immunity from liability â€” Notification to teachers and security personnel â€” Rules RCW 72.09.345 Sex offenders â€” Release of information to protect public â€” End-of-sentence review committee â€” Assessment â€” Records access â€” Review, classification, referral of offenders â€” Issuance of narrative notices 20 U.S. C. 1232g et.seq Family and Educational and Privacy Rights Act of 1994 Art. IX, Section 1, Washington State Constitution
Management Resources:	Policy News, December 2006 Student Sex and Kidnapping Offender Notice Requirements

Legal References:	RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching — Scope — Responsibilities — Penalty 28A.400.110 Principal to assure appropriate student discipline — building discipline standards — classes to improve classroom management skills 28A.405.060 Course of study and regulations - Enforcement — Withholding salary warrant for failure 28A.600.010 Enforcement of rules of conduct — Due process guarantees — Computation of days for short-term and long-term suspensions 28A.600.020 Exclusion of student from classrooms — Written disciplinary procedures —long term suspension or expulsion 28A.600.040 Pupils to comply with rules and regulations Chapter 392-168 WAC Special service programs - Citizen complaint procedure for certain categorical federal programs 392-400-215 Student rights 392-400-225 School district rules defining misconduct — Distribution of rules

Cross References:	3207 - Prohibition of Harassment, Intimidation, and Bullying 3210 - Nondiscrimination 3211 - Gender-Inclusive Schools 3241 - Student Discipline 5010 - Nondiscrimination and Affirmative Action 5011 - Sexual Harassment of District Staff Prohibited
Legal References:	20 U.S.C. 1681-1688 34 C.F.R. § 106 WAC 392-190-058 Sexual harassment RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies
Management Resources:	2020 – August Issue 2015 - July Policy Alert 2014 - December Issue 2010 - October Issue

Policy: 3205P
Section: 3000 - Students

Procedure - Sexual Harassment of Students Prohibited
The procedure is intended to set forth the requirements of Policy 3205, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations. If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.

This procedure applies to sexual harassment (including sexual violence) targeted at students carried out by other students, employees or third parties involved in school district activities. Because students can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC.

Title IX Coordinator, Investigator, and Decision-maker
The district will designate and authorize one employee to act as “Title IX Coordinator” to coordinate the district’s state and federal sex discrimination and sexual harassment regulation compliance efforts. The decision-maker who reaches the final determination of responsibility for alleged Title IX sexual harassment will be the Superintendent or designee. The decision-maker cannot be the same person who serves as the Title IX Coordinator or the investigator of the Title IX complaint.

The Title IX coordinator’s name, title, office address, telephone number, and email address must be available on the district website; in handbooks/catalogs that are made available to staff, students, and parents; and in the district’s nondiscrimination statement.

Any individual designated as Title IX Coordinator, an investigator, or decision-maker, and any person who facilitates an informal resolution process must not have a conflict of interest or bias for or against the individual(s) who made the complaint (“complainant(s)”) or the individual(s) reported to be the perpetrator of the conduct that could constitute sexual harassment (“respondent(s)” in general or individually, and must receive training on the following:

The definition of sexual harassment under Title IX and state law;
The scope of the district’s education program or activity;
How to conduct an investigation and grievance process and informal resolution process;
How to serve impartially;
Their responsibilities chapter WAC 392-190 WAC; and
How to raise awareness of and eliminate bias based on sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal.

District investigators must also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

District decision-makers must also receive training on any technology to be used during hearings if the district provides for a hearing, and on issues of relevance of questions and evidence, including the requirement that questions and evidence about a complainant’s sexual predisposition or prior sexual conduct are not relevant unless 1) such questions and evidence is offered to prove that someone other than the respondent committed the alleged conduct or 2) questions and evidence concerning specific incidents of the complainant’s prior sexual behavior with respect to the respondent is offered to prove consent..

Any training materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of complaints. The district shall maintain for a period of seven years records of any informal resolution and the result; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, and make such materials available on the district’s website.

Notice of Sexual Harassment Policy and Procedure

Information about the district’s sexual harassment policy and complaint procedure will be easily understandable and conspicuously posted throughout each school building, be reproduced in each student, staff, volunteer and parent handbook. This notice will be provided in a language that each parent and guardian can understand.
In addition to the posting and reproduction of this procedure and Policy 3205, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at 1105 Dale Ave. the district administrative office.

Responding to Notice of Sexual Harassment
The district is on notice and required to take action when any employee knows, or in the exercise of reasonable care should know, about possible sexual harassment. This includes informal and formal reports made to any staff member.

Upon notice of possible sexual harassment, staff will always notify the Title IX Coordinator. In addition, in the event of an alleged sexual assault, the school principal will immediately inform law enforcement and notify the targeted student(s) and their parents/guardians of their right to file a criminal complaint and a sexual harassment complaint simultaneously.

Once the district is on notice of possible sexual harassment, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.

Supportive measures must be offered to the complainant, before or after the filing of a formal complaint, or where no formal complaint has been filed. Supportive measures may also be provided to the respondent. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent. Supportive measures should be designed to restore or preserve access to the District’s education program or activity without unreasonably burdening the other party.

Supportive measures may include:

An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;
A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant;
Developing a safety plan;
Modifications of work or class schedules;
Mutual restrictions on contact between the parties;
Increased security and monitoring of certain areas of the campus or school building, or
Providing staff and/or student training.

In response to notice of sexual harassment, the district will take prompt and appropriate action to investigate and take prompt and effective steps reasonably calculated to end harassment, eliminate the hostile environment, prevent its recurrence, and as appropriate, remedy its effects

The district will inform the complainant and their parent/guardian how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.

A complainant may file a formal complaint at any time while receiving supportive measures. A complainant, their parent or guardian, or the Title IX Coordinator may file a formal complaint because, for example, they feel the complaint needs to be more thoroughly investigated or discipline may be warranted for individual alleged to have engaged in sexually harassing conduct.

Confidentiality

The district will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures.
If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the insert title of appropriate district employee(s) Special Services Director for evaluation.
The insert title of appropriate district employee(s) The Special Services Director should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff, and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.

Retaliation
Title IX and state law prohibit retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.

Formal Complaint Process

Level One – Complaint to District
Anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized.

Filing of Complaint

All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The Title IX Coordinator may draft the complaint based on the report of the complainant for the complainant to review and approve. The Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant's interest in filing a formal complaint.
The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005.
Complaints may be submitted by mail, fax, e-mail or hand-delivery to the district Title IX Coordinator. Any district employee who receives a complaint that meets these criteria will promptly notify the Coordinator.

Determining Whether to Incorporate Additional Title IX Complaint Procedures
The Title IX Coordinator will assess whether a formal complaint of sexual harassment meets the criteria for a Title IX complaint. If so, the district will implement investigation and response procedures under state law, as well as the following additional procedures as required by Title IX regulations.

Under Title IX, the term “sexual harassment” means:

an employee of the district conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
conduct that creates a “hostile environment,” meaning unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the education program or activity; or
“sexual assault,” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

The district will implement additional Title IX procedures in response to a sexual harassment complaint when the alleged conduct constitutes sexual harassment as defined by Title IX regulations, and:

The written complaint is filed by the complainant of the alleged sexual harassment, by the complainant’s legal guardian, or by the Title IX Coordinator;
The complaint requests that the district investigate the allegation(s) of sexual harassment, as defined under Title IX regulations;
The complaint is against a named respondent who, at the time of the alleged harassment, was under the control of the school district (such as a student, employee, or volunteer);
The alleged sexually harassing conduct occurred in the United States; and
The complainant is participating in or attempting to participate in the district’s educational program or activity at the time.

If the formal complaint is determined to meet the criteria for a Title IX complaint, the district will conduct the investigation implementing the additional Title IX procedures. Skip to Standard Complaint Process with Additional Title IX Requirements.

If the formal complaint is determined not to meet the criteria for a Title IX complaint, the district will conduct the investigation without implementing the additional Title IX procedures. Continue to Standard Complaint Process.

STANDARD COMPLAINT PROCESS

Acknowledging a Complaint - Standard Complaint Process

Upon receipt of a complaint, the Coordinator will provide the complainant a copy of this procedure in a language the complainant can understand.

Investigating a Formal Complaint - Standard Complaint Process

Investigations will be carried out in a manner that is prompt, thorough, reliable, and impartial. During the investigation process, the complainant and respondent(s), if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complainants, respondents, and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation.
When the investigation is completed, the investigator will compile a full written report of the complaint and the results of the investigation.

Mediation - Standard Complaint Process
At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures.

Mediation must be conducted by a qualified and impartial mediator who may not:

1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.

Superintendent’s Response to a Formal Complaint - Standard Complaint Process

The superintendent or their designee will respond in writing to the complainant and the respondent within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the parties in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.
The response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) a statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed; 3) if sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; 4) notice of the complainant’s right to appeal to the school board and the necessary filing information; and 5) any corrective measures the district will take, remedies for the complainant (e.g., sources of counseling, advocacy and academic support), and notice of potential sanctions for the perpetrator(s) (e.g., discipline).
The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named respondent or respondent(s), the coordinator will provide the respondent(s) with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.
Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent's mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.
The district will inform the complainant and their parent/guardian how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.

Resume “Standard Complaint Process” at Level Two - Appeal to Board of Directors.

STANDARD COMPLAINT PROCESS WITH ADDITIONAL TITLE IX REQUIREMENTS
The following sections outline the process the district will take to respond to complaints of sexual harassment under state law and Title IX.

Acknowledging a Formal Title IX Complaint
The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment or information in the coordinator’s possession that they believe requires further investigation. The Coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Coordinator will offer supportive measures to both parties.

The district will acknowledge receipt of the formal complaint by providing the following written notice to the respondent(s) and complainant:

A copy of the school's discrimination complaint procedure in a language the parties can understand.
Notice of the allegations of sexual harassment with sufficient time for the parties to prepare a response before any initial interview and with sufficient detail. Such sufficient detail includes the identities of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known.
Notice that the parties may have an advisor of their choice who may be an attorney or non-attorney, and who may inspect and review evidence of the alleged sexual harassment.
Notice that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility for alleged sexual harassment is made at the conclusion of the grievance process.
Notice of any provision in student conduct policies and procedures that prohibits false statements or submitting false information.

Investigation of a Title IX Formal Complaint
The district must investigate allegations contained in a formal complaint. If the conduct alleged would not constitute sexual harassment under Title IX regulations even if proved, did not occur in the district’s education program or activity, or did not occur against a person in the United States, then the district must dismiss the formal complaint under Title IX. Such dismissal does not preclude action under another provision of district policy or procedure or under sexual harassment investigation procedures as required by state law (See Standard Complaint Process).

The district adopts preponderance of the evidence/clear and convincing evidence as the standard or proof it will use in reaching decisions regarding complaints.

The district’s investigation of a Title IX complaint must:

Include a prompt and thorough investigation into the allegations in the complaint.
Ensure that the district bears the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for the alleged sexual harassment. The district may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in their professional capacity and made and maintained in connection with the provision of treatment to the party unless the district obtains the party’s voluntary, written consent to do so.
Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
Provide the parties with the same opportunities to have others present during any grievance proceeding; including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney or non-attorney. The district will apply any restrictions regarding the extent to which an advisor may participate equally to both parties;
Provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all hearings, interviews, or other meetings, with sufficient time for the parties to prepare to participate;
Prior to the completion of an investigative report, provide an equal opportunity for the parties to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. This includes evidence that the district does not intend to rely on in reaching a determination of responsibility for the alleged sexual harassment, regardless of the source of the evidence. The parties will have at least ten (10) days to submit a written response for the investigator to consider prior to completion of the investigative report.
At least ten (10) days prior to a determination regarding responsibility, create an investigative report that fairly summarizes relevant evidence, and send the investigative report in an electronic or hard copy format to each party and each party’s advisor for their review and written response.
After transmitting the investigative report to the parties, but before reaching a final determination regarding responsibility, the decision maker must give each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless they are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or unless they concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

The district’s Title IX investigative and grievance process is not required to include investigative hearings.

Discipline and Emergency Removals for Alleged Sexual Harassment under Title IX
A respondent who is accused of sexual harassment under Title IX is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The district may not impose any disciplinary sanctions, or other actions that are not supportive measures, against the respondent until the district has determined the respondent was responsible for the sexual harassment at the conclusion of the grievance process.

These additional Title IX sexual harassment procedures do not preclude a school district from removing a student from school on an emergency basis consistent with Policy and Procedure 3241 – Student Discipline modify as accurate for your district and the associated student discipline regulations for emergency expulsion.

Title IX Informal Resolution Process
At any time prior to a determination in a formal Title IX complaint, the district may permit a complainant to waive the formal complaint grievance process in favor of an informal resolution process not involving a full investigation and adjudication, provided that the district obtains the parties’ voluntary, written consent; the district does not offer informal resolution of sexual harassment allegations against a respondent who is an employee of the district, the district provide reasonably prompt time frames for the informal resolution process; and the district provides the parties with written notice disclosing the allegations, the requirements for the informal resolution process, and the circumstances in which the parties would be precluded from continuing with a formal resolution process for the same allegations.

A party has the right to withdraw from the informal resolution process and resume the formal Title IX grievance process at any time prior to agreeing to a resolution. The district may not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment under Title IX as a condition of enrollment, employment, or enjoyment of any other right, nor may the district require the parties to participate in an informal resolution process. The district will not offer an information resolution process unless a formal complaint is filed.

Superintendent’s Response to a Formal Title IX Complaint
At the conclusion of the investigation, the decision-maker (superintendent or designee) must issue a written determination of responsibility regarding the alleged sexual harassment within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the parties in writing of the reason for the extension and the anticipated response date.

The superintendent’s written determination must be issued to the parties simultaneously and must include the following:

Identification of the allegations potentially constituting sexual harassment under Title IX regulations;
A description of the procedural steps taken from the time of the district’s receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
Findings supporting the determination;
A summary of the results of the investigation;
Conclusions regarding the application of the district’s code of conduct policies to the facts;
A statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary or other sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and
If sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; and
Notice of the parties’ right to appeal to the school board and the necessary filing information.

The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.

At the time the district responds to the parties, the district must send a copy of the response to the office of the superintendent of public instruction.

Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent's mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy. Continue “State Complaint Process with Additional Title IX Requirements” at Level Two - Appeal to Board of Directors.

Level Two - Appeal to Board of Directors

Notice of Appeal and Hearing

If the complainant or respondent(s) with the superintendent’s or designee’s written decision, the disagreeing party may appeal the decision to the district board of directors, by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response.
If the complaint involves a named respondent, the District will implement appeal procedures equally for both parties and provide written notice to the other party when an appeal is filed.
The district will ensure that the decision-maker for the appeal is not the same decision-maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
The district will ensure that the decision-maker for the appeal has received the training required for decision-makers as required by this procedure.
The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause.
Both parties will be allowed a reasonable, equal opportunity to submit a written statement in support of or challenging the outcome of the initial determination.

Board Decision

Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision.
The written decision will describe the result of the appeal and the rationale for the result.
The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.
The decision will be provided 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.

Level Three - Complaint to the Superintendent of Public Instruction

Filing of Complaint

If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.
A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. 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.

Investigation, Determination and Corrective Action

Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board.
Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

Level Four - Administrative Hearing, State Requirement

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

Other Complaint Options

Office for Civil Rights (OCR), U.S. Department of Education

OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination.

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr

Washington State Human Rights Commission (WSHRC)

WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov

Investigation Recordkeeping
The district will maintain, for a period of X years, records of all sexual harassment investigations.

The district will maintain, for a period of seven years, records of each Title IX sexual harassment investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant; and any appeal from the result of a determination regarding responsibility.

The district will maintain, for a period of seven years, records of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment under Title IX.

Training and Orientation
A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of this procedure and the corresponding policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of their responsibilities when on notice of sexual harassment, of the formal complaint procedures, and their roles and responsibilities under the policy and procedure.

Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.

As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:

Demands for sexual favors in exchange for preferential treatment or something of value;
Stating or implying that a person will lose something if he or she does not submit to a sexual request;
Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person's appearance, gender or conduct;
Using derogatory sexual terms for a person;
Standing too close, inappropriately touching, cornering or stalking a person; or
Displaying offensive or inappropriate sexual illustrations on school property.

Policy and Procedure Review
Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The compliance officer will be included in the committee. Based on the review of the committee, the superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.

Adoption Date:
Classification: Essential
Revised Dates: 08.06; 10.11; 03.14; 01.15; 07.15;08.20; 03.19; 03.21

Cross References:	2161 - Special Education and Related Services for Eligible Students 3205 - Sexual Harassment of Students Prohibited 3210 - Nondiscrimination 3211 - Gender-Inclusive Schools 3241 - Student Discipline
Legal References:	WAC 392-190-059 Harassment, intimidation and bullying prevention policy and procedure – School districts. RCW 28A.300.285 Harassment, intimidation, and bullying prevention policies and procedures — Model policy and procedure — Training materials — Posting on web site — Rules — Advisory committee
Management Resources:	2019 - August Policy Alert 2019 - July Policy Issue Office for Civil Rights Dear Colleague Letter: Responding to Bullying of Students with Disabilities (OCR 10/21/2014) 2014 - December Issue 2010 - December Issue 2008 - April Issue 2002 - April Issue

Cross References:	4260 - Use of School Facilities 3211 - Transgender Students 2151 - Interscholastic Activities 2150 - Co-Curricular Program 2140 - Guidance and Counseling 2030 - Service Animals in Schools 2020 - Curriculum Development and Adoption of Instructional Materials
Legal References:	Chapter 28A.640 RCW Sexual equality Chapter 28A.642 RCW Discrimination prohibition Chapter 49.60 RCW Discrimination — Human rights commission WAC 392-190-020 Training—Staff responsibilities—Bias awareness WAC 392-190-060 Compliance – School district designation of responsible employee - Notification WAC 392-400-215 Student rights 20 U.S.C. 7905 Boy Scouts of American Equal Access Act 42 U.S.C. 12101-12213 Americans with Disabilities Act
Management Resources:	2014 - December Issue 2013 - April Issue 2012 - December Issue 2011 - June Issue Policy News, August 2007 Washington’s Law Against Discrimination

Cross References:	2145 - Suicide Prevention 3207 - Prohibition of Harassment, Intimidation, and Bullying 3210 - Nondiscrimination 3231 - Student Records
Legal References:	RCW 28A.642 Discrimination Prohibition 20 U.S.C. 1232g, 34 C.F.R., Part 99 - Family Education Rights and Privacy Act
Management Resources:	2014 - December Issue 2013 - December Issue Prohibiting Discrimination in Washington Public Schools - OSPI Guidelines for school districts to implement Chapters 28A.640 and 28A.642 RCW and Chapter 392-190 WAC (February 2012) 2019 - July Policy Issue

Cross References:	2100 – Educational Opportunities for Military Children 3211 – Transgender Students 3520 - Student Fees, Fines, or Charges 4020 - Confidential Communications 4040 – Public Access to District Records
Legal References:	20 U.S.C. 1232g Family Education Rights and Privacy Act CFR 34 , Part 99 Family Education Rights and Privacy Act Regulations RCW 28A.150.510 Transmittal of education records to DSHS – Disclosure of educational records – Data sharing agreements –Comprehensive needs requirement document - Report RCW 28A.195.070 Official transcript withholding – Transmittal of information RCW 28A.225.151 Reports. RCW 28A.225. 330 Enrolling students from other districts – Requests for information and permanent records – Withheld transcripts – Immunity from liability – Notification to teachers and security personnel - Rules RCW 28A.230.120 High school diplomas — Issuance — Option to receive final transcripts —Notice RCW 28A.230.180 Educational and career opportunities in the military, student access to information on, when RCW 28A.600.475 Exchange of information with law enforcement and juvenile court officials – Notification of parents and students. RCW 28A.605.030 Student education records – Parental review – release of records – Procedure. RCW 28A.635.060 Defacing or injuring school property — Liability of pupil, parent or guardian — Withholding grades, diploma, or transcripts — Suspension and restitution — Voluntary work program as alternative — Rights protected RCW 40.24.030 Address Confidentiality Program — Application — Certification Chapter 246-105 WAC Immunization of child care and school children against certain vaccine-preventable diseases Chapter 392-172A WAC Rules for the provision of special education Chapter 392-182 WAC Student Health Records Chapter 392-415-WAC Secondary Education- standardized high school transcript WAC 181-87-093 Failure to assure the transfer of student record information or student records WAC 392-121-182 Alternative learning experience requirements WAC 392-122-228 Alternative learning experiences for juvenile students incarcerated in adult jail facilities WAC 392-500-025 Pupil tests and records — Tests— School district policy in writing
Management Resources:	Records Retention Schedule for School Districts and ESDs (updated 2014) 2014 – December Issue 2013 – February Issue 2010 – February Issue 2003 – December Issue 2001 - April Issue

Cross References:	3231 - Student Records
Legal References:	20 U.S.C. 1232h(c) No Child Left Behind Act of 2001 34 CFR Part 98 Student rights in research, experimental activities and testing
Management Resources:	Policy News, April 2003 Districts Required to Review Collection and Dissemination of Information

Cross References:	3241 – Classroom Management, Discipline and Corrective Action 6605 - Student Safety Walking, Biking and Riding Buses
Legal References:	RCW 28A.210.310 Prohibition on use of tobacco products on school property RCW 28A.320.128 Notice and disclosure policies – Threats of violence—Student conduct – Immunity for good faith notice -- Penalty RCW 28A.400.110 Principal to assure appropriate student discipline — Building discipline standards — Classes to improve classroom management skills RCW 28A.600.040 Pupils to comply with rules and regulations RCW 28A.635.060 Defacing or injuring school property — Liability of pupil, parent, or guardian - Withholding grades, diploma, or transcripts — Suspension and restitution — Voluntary work program as alternative — Rights protected RCW 28A.635.090 Interference by force or violence -- Penalty RCW 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful—Penalty RCW 4.24.190 Action against parent for willful injury to property by minor — Monetary limitation — Common law liability preserved RCW 9.41 Firearms and dangerous weapons RCW 9.91.160 Personal protection spray devices RCW 9A.16.020 Use of force — When lawful 20 U.S.C. 7101 et seq. Safe and Drug-Free Schools and Communities Act WAC 392-400-205 Definitions WAC 392-400-210 Student responsibilities and duties WAC 392-400-215 Student rights WAC 392-400-225 School district rules defining misconduct — Distribution of rules WAC 392-400-226 School district rules defining harassment, intimidation and bullying prevention policies and procedures – Distribution of rules WAC 392-400-227 School district rules defining students’ religious rights WAC 392-400-233 Unexcused absences and tardiness
Management Resources:	2014 - August Issue 2013 - September Issue

Cross References:	2121 - Substance Abuse Program 2161 - Special Education and Related Services for Eligible Students 2162 - Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973 3122 - Excused and Unexcused Absences 3210 - Nondiscrimination 3240 - Student Conduct Expectations and Reasonable Sanctions 3244 - Prohibition of Corporal Punishment 3520 - Student Fees, Fines, or Charges 4210 - Regulation of Dangerous Weapons on School Premises
Legal References:	RCW 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching — Scope — Responsibilities — Penalty RCW 28A.225.020 School’s duties upon child’s failure to attend school RCW 28A.225.030 Petition to juvenile court for violations by a parent or child — School district responsibilities RCW 28A.400.100 Principals and vice principals — Employment of — Qualifications — Duties RCW 28A.400.110 Principal to assure appropriate student discipline — Building discipline standards — Classes to improve classroom management skills RCW 28A.600.010 Enforcement of rules of conduct — Due process guarantees — Computation of days for short-term and long-term suspensions RCW 28A.600.015 Rules incorporating due process guarantees of pupils with regard to expulsions and suspensions RCW 28A.600.020 Exclusion of student from classroom — Written disciplinary procedures — Long-term suspension or expulsion RCW 28A.600.022 Suspended or expelled students — Reengagement plan RCW 28A.600.410 Alternatives to suspension — Encouraged RCW 28A.600.460 Classroom discipline — Policies — Classroom placement of student offenders—Data on disciplinary actions 34 CFR Part 100.3 Regulations implementing Civil Rights Act of 1964 42 U.S.C. 2000d et seq. Civil Rights Act of 1964 WAC 392-190-048 Access to course offerings – Student discipline WAC 392-400-220 Student Disciplinary boards — Establishment at option of school district — Functions WAC 392-400-225 School district rules defining misconduct — Distribution of rules WAC 392-400-230 Persons authorized to impose discipline, suspension, expulsion, or emergency removal upon students WAC 392-400-233 Unexcused absences and tardiness WAC 392-400-275 Expulsion – Conditions and limitations WAC 392-400-315 Appeals — Hearing before school board or disciplinary appeal council — Procedures WAC 392-400-317 Appeals — Discipline and short-term suspension grievances WAC 392-400-320 School board or disciplinary appeal council decisions WAC 392-400-410 Appeal for extension of a one-year expulsion WAC 392-400-420 Reengagement meetings and plans
Management Resources:	2014 - December Issue 2014 - August Issue 2010 - June Issue

Cross References:	3416 - Medication at School 3413 – Student Immunization and Life Threatening Health Conditions
Legal References:	RCW 28A.210.300 School physician or school nurse may be employed RCW 28A.330.100 Additional powers of board
Management Resources:	2011 - February Issue

Cross References:	2410 - High School Graduation Requirements
Legal References:	Chapter 28A.230 RCW COMPULSORY COURSEWORK AND ACTIVITIES RCW 4.24. 300 Immunity from liability for certain types of medical care RCW 70.54.310 Semiautomatic external defibrillator – Duty of acquirer - Immunity from civil liability
Management Resources:	2013 – September Issue 2011 - April Issue

Legal References:	Chapter 70.02 RCW Medical records — Health care information access and disclosure RCW 28A.210.010 Contagious diseases, limiting contact — Rules Chapter 246-110 WAC Contagious disease --School districts and day care centers
Management Resources:	2013 - February Issue

Cross References:	3420 - Anaphylaxis Prevention and Response 3419 - Self-Administration of Asthma and Anaphylaxis Medications
Legal References:	RCW 28A.210.260 Public and private schools - Administration of medication — Conditions RCW 28A.210.270 Public and private schools —Administration of medication — Immunity from liability — Discontinuance, procedure
Management Resources:	2014 - February Issue 2012 - August Issue Policy News, February 2001 Oral Medication Definition Expanded

Series 3000 - Students

Series 3000 - Students

3110 - Qualifications of Attendance and Placement

Age of Admission

Entrance Qualifications

Exemptions

Admission of Students Aged Twenty-One or Older

Placement of Students on Admission

3114 - Part-time, Home-based, or Off-campus Students

3115 - Homeless Students: Enrollment Rights and Services

Best interest determination

Facilitating on-time grade level progression

Informed consent for healthcare

3115P - Homeless Students - Enrollment Rights and Services Procedure

A. Definitions

B. Identification

C. Placement and enrollment

D. District’s homeless liaison

E. Dispute Resolution Procedure

F. Inter-district Disputes

3116 - Students in Foster Care

3116P - Students in Foster Care

Definitions

Duties of the foster care liaison

Enrollment in school of origin

Best interest determination

Dispute resolution process: Disputes between the district and the student’s caregiver/education decision–maker.

Level One

Level Two

Level III

3120 - Enrollment

3120P - Enrollment Procedure

3122 - Excused and Unexcused Absences

Migrant Students

3122P - Excused and Unexcused Absences

Section I – Unexcused Absences

A. All Students

B. Secondary Students

Section II – Excused Absences

A. Elementary Students

B. Seniors

C. All Students

Section III. Transfers

Section IV. Community Truancy Board

Section V. Petition to Juvenile Court

3123 - Withdrawal Prior to Graduation

3124 - Removal/Release of Student During School Hours

3126 - Child Custody

3140 - Release of Resident Students

3141 - Non-Resident Students

Standards for accepting or rejecting an application

Admission or denial: Notice of decision and appeal of decision

Children of full-time employees

3143 - District Notification of Juvenile Offenders

3144 - Release of Information Concerning Student Sexual and Kidnapping Offenders

Principal Responsibilities

Collaboration

Confidentiality

Immunity from Liability

Inquiries by the Public

Student Rights and Responsibilities

Written Procedures

3200 - Rights and Responsibilities

3205 - Sexual Harassment of Students Prohibited

Definitions

Investigation and Response

Retaliation and False Allegations

Staff Responsibilities

Notice and Training

Policy Review

3205P - Sexual Harassment of Students Procedure

3207 - Prohibition of Harassment, Intimidation and Bullying

Behaviors/Expressions

Training

Prevention

Interventions

Students with Individual Education Plans or Section 504 Plans

Retaliation/False Allegations

Compliance Officer

3207P - Procedure: Prohibition of Harassment, Intimidation and Bullying