Basics: Laws and regulations against discrimination and bullying

Federal Bans on Discrimination

  • Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq.
  • Prohibition against sex discrimination in any education program or activity receiving Federal financial assistance.
  • Regulations: 34 C.F.R. Part 106
    • Dear Colleague Letters, one example: 10/26/10 – reminder that anti-bullying policies may also trigger responsibilities under one or more of the federal anti-discrimination law
  • Title VI of the Civil Rights Act of 1965, 42 U.S.C. §200d, et seq.  (prohibits discrimination based on race, color, or national origin)
    • Regulations: 34 C.F.R. Part 100
    • Dear Colleague Letters, one example: 10/1/14 – Problem of unequal access to educational resources – the allocation of school resources exacerbates achievement and opportunity gaps

State Laws 

  • Equal Rights Amendment (ERA) – Wash. Const. Art. XXXI, § 1, effective 1973
  • 1974 Sexual Equality in Common Schools Act (Sexual Equality Act) RCW 28A.640
  •  RCW 28A.640.040 provides for a right of action in superior court for civil damages and equitable relief. (This means in additional to claims like negligence, the state statute creates a right to sue.)
  • RCW 28A.642 – passed in 2010, this law bans discrimination on the basis of race, creed, religion, color, national origin, 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.
  • RCW 28A.642.640 provides for a right of action in superior court for civil damages and equitable relief.
  • WACs 392-190-005 to 082 – The WACS are created by the office of Superintendent of Public Instruction (OPSI). They are meant to provide guidance and additional details on how to achieve the legislative intent. When the State passed the Nondiscrimination law based on the additional protected classes, instead of creating new WACs that addressed the unique issues faced by the additional protected classes, OSPI tacked the categories onto the existing WACs that had been created to address sex discrimination.