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Senate Bill 5237

[Bill is not progressing]

This bill would create a complaint process that students, parents, and community members can use when they see a district is not appropriately following state civil rights, discipline rules, and other laws.

SUMMARY

  • This bill creates a process for any person to file a complaint when a district is not following state laws in the following areas:

    • ​​Civil rights, including discrimination and sexual harassment​

    • ​Harassment, intimidation, or bullying

    • ​Curriculum requirements and policies related to the changing of instructional materials

    • ​Use of restraint or isolation

    • ​Student discipline

  • These complaints can be in response to an individual incident with a single person, or it can be registered as a "broad complaint," which would relate to a broader student group, or even all students in a district. 

    • Before filing an individual complaint, a person must first exhaust any existing complaint procedures under state law.

    • A "broad complaint" could be about how certain student groups are be treated differently than their peers based on their race, gender, sexual orientation, disability, citizen or immigrant status, etc. ​

  • The Office of the Superintendent of Public Instruction (OSPI) is responsible for establishing and administering the complaint investigation process.

    • If OSPI finds non-compliance with state law in a district, then the district superintendent and school board must develop, adopt, and submit a compliance plan​ by collaborating with the school community and OSPI.

      • Before submitting this plan, the school board must hold a public hearing about it and allow for public comment.​

      • If it is found that this non-compliance in a district is willful, then ongoing public hearings must be held until they are in compliance, and OSPI may impose consequences on a district including: requiring a district to adopt or re-adopt certain policies or even witholding basic education funding.

POINTS TO CONSIDER ABOUT THIS BILL

  • ​The creation of the "broad complaint" category can be a valuable mechanism for people to call attention to a district's failure to equitably implement state laws for the students they serve. In addition, if similar, broad complaints are seen in multiple districts across Washington, it can highlight wider-ranging, state-level failures to protect and support all students under state law (especially historically marginalized students like students with disabilities, students of color, and more).​

  • OSPI is in charge of the supervision of all matters pertaining to public education for Washington state. Having OSPI be the body administering this process may be a built-in conflict of interest. Broad complaints across multiple districts point to systemic failures by OSPI to ensure students' civil rights and educational rights are being followed and protected. As the administrating body, OSPI is unlikely to determine that these broad complaints have merit if it exposes them for being responsible for some of these systemic failures.

HOW TO GET INVOLVED

Steps to Get Started

  1. Learn where the bill is in the legislative process.
  2. If there is an upcoming hearing, decide how you would like to get your voice heard and take action.​
  3. If there is not an upcoming hearing, or if you want to supplement your advocacy, call or write your legislators.
  4. Spread the word and get other people on board.

Participating in a Hearing

Sign in Pro, Con, or Other

This is when individuals, advocates, and organizations make their position on a particular bill known for the record. This is particularly powerful in large numbers. Many organizations will send out Action Alerts asking people to sign in Pro or Con on a bill.

Submit Written Testimony

Submitting written testimony is a great way not only to make your position known, to legislators but also to explain why in more detail. This is a good option if you don't want to speak in front of others. People also like to offer more nuance to their position by writing.

Testify Virtually 

Since COVID, many legislators are allowing remote/virtual testimony for bill hearings, as it greatly expands access to the legislative process across the state. For this, individuals usually have between 1-2 minutes to state their opinion on a bill in front of the legislative committee on Zoom. 

Testify In Person

To testify on a bill in person, you must travel to Olympia and join the real-time committee hearing on the Capitol campus. You will also get between 1-2 minutes to state your opinion. This is often a powerful way to make an impression on legislators in the room.

Using the WA Legislature Website

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