Public Annual Notices
- Child Nutrition Programs - USDA Non-Discrimination Statement
- Website Notices
- FERPA Notification of Rights
- Individuals with Disabilities Education Act
- Title IX
- Federal and Special Programs (Board Policy 2104)
- Educational Services for Displaced Youth (Board Policy 3115)
- Student Rights and Responsibilities (Board Policy 3200)
- Sexual Harassment Prohibited (Policies 3205 and 5011)
- Prohibition Of Harassment, Intimidation And Bullying 3207
- Nondiscrimination (Board Policies 3210 & 5010)
- Release of Information Post-Secondary (College and Military) Organizations (Board Policy 3231)
- Protection of Pupil Rights Amendment (PPRA) (Board Policy 3232)
- Annual CTE Nondiscrimination Notification
Child Nutrition Programs
South Whidbey School District participates in the National School Lunch Program. Children from households that meet Federal income guidelines are eligible for free or reduced price lunches. Reduced price meals cost each eligible student 40 cents. To apply for free or reduced price meals the applicant must complete a district application form requesting free or reduced price lunches available at all buildings and online: https://www.sw.wednet.edu/our-district/district-office/food-services/free-or-reduced.
USDA NON-DISCRIMINATION STATEMENT
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(833) 256-1665 or (202) 690-7442; or
This institution is an equal opportunity provider.
South Whidbey School District is committed to making its electronic and information technologies accessible to individuals with disabilities by meeting or exceeding the requirements of Section 504 of the Rehabilitation Act (29 U.S.C. 794d), as amended; Title II of the Americans with Disabilities Act as amended and the3 Web Content Accessibility Guidelines (WCAG) 2.0 AA. Section 504 and Title II of the ADA are federal laws that require agencies to provide individuals with disabilities equal access to electronic information and data comparable to those who do not have disabilities, unless an undue burden would be imposed on the agency. WCAG 2.0 AA are the technical requirements and criteria that are used to measure conformance federal laws and guidelines...
If you wish to report an issue related to the accessibility of any content on a Seattle School District website, including a complaint about the accessibility of document, form or statement you may do so in any of the following ways: Email firstname.lastname@example.org. Please include the web address or URL along with a detailed description of the problems you have encountered.
South Whidbey School District respects personal privacy and is committed to protecting personal information.
South Whidbey School District reserves the right to use "cookies" on its websites. A cookie is a small text file stored by your browser that allows the website to “remember” your preferences such as calendar settings and site bookmarks on the site from visit to visit, or to maintain your “logged in” status when visiting protected areas.
Web browsers have settings allowing you to reject cookies, or selectively accept cookies, or delete cookies previously accepted. Please be aware that rejecting or deleting cookies from our website may make certain functions unavailable to you.
Information gathered is obtained for the purpose of improving our website services.
South Whidbey School District measures how our web users interact with our district and school websites with Google Analytics. We use this tool to help us better understand how our users navigate our sites and how we can improve our services to meet our users' needs. You can read more about Google Analytics on the Google Developers' cookie usage webpage.
Our websites contain links to other sites. South Whidbey School District claims no responsibility for the privacy practices of non South Whidbey School District websites. Please be aware when you exit our website and we encourage you to read the privacy statements of other sites you visit.
The privacy statement on this page applies solely to information collected by this website.
Please contact our webmasters if you have additional questions or would like more information. Email us at email@example.com.
FERPA Notification of Rights
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are:
1. The right to inspect and review the student’s educational records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office, U.S. Department of education, 400 Maryland Avenue SW, Washington D.C. 20202-5901.
Most information about our students is confidential and cannot be made public without consent of parents or guardians. However, the federal Family Educational Rights and Privacy Act (FERPA) permits a school district to release “directory information” about a student unless a parent or guardian chooses not to have it released. Requests for this type of information often come from the news media for news stories, sports articles, academic achievements, awards and special programs. There are also times when schools or the district may want to recognize students in newsletters and other district publications. Directory information includes a student’s name, photograph, address, telephone number, date and place of birth, dates of attendance, participation in officially recognized activities and sports, weight/height of members of athletic teams, grade in school, diplomas and awards received, and the most recent previous school attended by the student. This information is not released for commercial purposes, but can be released to provide educational, scholarship, vocational/occupational and/or military information, or to the news media or law enforcement. You have the right to withhold this information. If you do not wish to have such information released, you must notify the school in writing. You can complete the Information Release Rejection Form and give it to the office staff at your child’s school. This form must be submitted to the school and must be renewed annually.
Individuals with Disabilities Education Act
Parents of children with disabilities must receive a copy of procedural safeguards one time a year (and upon initial referral or parental request for an evaluation) and upon filing a request for a due process hearing.)
Section 504 (Board policy 2162)
Students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled under this section even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA). Please contact the following for any questions:
Grades K-5: Susie Richards, Principal 360-221-4600
Grades 6-8: Janet Hunter, Counselor 360-221-5100
Grades 10-12 South Whidbey Academy: Charlie Davies, Coordinator 360-221-5300
Special Education Child Identification (Board Policy 2161)
South Whidbey School District is seeking people from birth to age 21 who are enrolled in school or not and may need special education services. Special needs are defined as concerns with hearing, vision, speech, language, health, learning, developmental delay, behavior management, mental retardation, birth defects, orthopedic or spinal problems, autism, or other disabilities.
The process for screening/assessing eligibility is:
1. The child find referral is given to the special programs department.
2. The parent is invited to review the information.
3. If the team, including the parent, determines an assessment is needed, parent written permission will be required.
4. The assessment is conducted when parent permission is received.
5. Parents meet with members of the assessment team to discuss the assessment results.
6. If the team, including the parent, determines the child qualifies, an appropriate
Individualized Education Program is developed.
Parents or guardians of children who may have any of these conditions and live within the
South Whidbey School District boundaries are encouraged to contact the District at 5476 Maxwelton Road, Langley, WA 98260 or phone (360) 221-6100.
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Please direct all complaints, questions or concerns to the SWSD compliance officer Dan Poolman, firstname.lastname@example.org, 5476 Maxwelton Road, Langley, WA 98260, 360-221-6100, fax 360-221-3835
Students and staff are protected against sexual harassment by anyone in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity.
Sexual harassment is unwelcome behavior or communication that is sexual in nature when:
A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or
The conduct substantially interferes with a student's educational performance, or creates an intimidating or hostile educational or employment environment.
Examples of Sexual Harassment:
- Pressuring a person for sexual favors
- Unwelcome touching of a sexual nature
- Writing graffiti of a sexual nature
- Distributing sexually explicit texts, emails, or pictures
- Making sexual jokes, rumors, or suggestive remarks
- Physical violence, including rape and sexual assault
You can report sexual harassment to any school staff member or to the district's Title IX Officer, who is listed above. You can also use our online reporting tool - Safe Schools reporting system . You also have the right to file a complaint (see below).
COMPLAINT OPTIONS: DISCRIMINATION AND SEXUAL HARASSMENT
If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint. Before filing a complaint, you can discuss your concerns with your child’s principal or with the school district’s Section 504 Coordinator, Title IX/Civil Rights Coordinator, who are listed above. This is often the fastest way to resolve your concerns.
Complaint to the School District
Step 1: Write Your Complaint
In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint—by mail, fax, email, Safe Schools or hand delivery—to the district superintendent or civil rights compliance coordinator.
Step 2: School District Investigates Your Complaint
Once the district receives your written complaint, the coordinator will give you a copy of the complaint procedure and make sure a prompt and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days—unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.
Step 3: School District Responds to Your Complaint
In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response—unless you agree to a different time period.
Appeal to the School District
If you disagree with the school district’s decision, you may appeal to the school district’s board of directors. You must file a notice of appeal in writing to the secretary of the school board within 10 calendar days after you received the school district’s response to your complaint. The school board will schedule a hearing within 20 calendar days after they received your appeal, unless you agree on a different timeline. The school board will send you a written decision within 30 calendar days after the district received your notice of appeal. The school board’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).
Complaint to OSPI
If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly.
You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:
- Email: Equity@k12.wa.us ǀ Fax: 360-664-2967
- Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
- For more information, visit the OSPI website, or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664- 3631 or by e-mail at email@example.com.
Other Discrimination Complaint Options
- Office for Civil Rights, U.S. Department of Education 206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ OCR Website
- Washington State Human Rights Commission 1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ Human Rights Commission Website
Federal and Special Programs (Board Policy 2104)
Title I is a federally funded program designed to help children who are achieving below grade level in reading and math. Trained teachers, paraeducators and materials are provided by Title I funds to qualifying schools. Based on their scores, children receive instruction to accelerate their learning. Families at Title I schools are invited to participate in the planning and evaluation of the program. SW Elementary School receives Title I funds as a Targeted Title I Program.
The Elementary and Secondary Act (also known as No Child Left Behind Act) requires that schools receiving Title I federal aid have instructors in all core academic areas who meet the federal definition of “highly qualified.” Parents/guardians may request the qualifications of their child’s teacher.
Educational Services for Displaced Youth (Board Policy 3115)
The purpose of the McKinney-Vento Act is to provide educational services for students experiencing homelessness which are equal to those provided for all other enrolled students, and ensure that children and youth experiencing homelessness have equal opportunities to enroll in, attend, and be successful in school. (Please see the McKinney-Vento form on page 20.) Your child may qualify as for McKinney-Vento services if you are: Sharing housing with others due to loss of housing, economic hardship, or similar reason; Living in a motel, hotel, trailer parks or camping grounds due to lack of alternative adequate living accommodations; Living in emergency or transitional shelters; Are abandoned in hospitals; Living in public or private places not designed for or ordinarily used as regular sleeping accommodations for human beings; Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations or similar settings; or Migratory children living in conditions described above. According to the child’s best interest, students experiencing homelessness will continue to be enrolled in their school of origin while they remain in the homeless situation or until the end of the academic year in which they obtain permanent housing. The District liaison for students experiencing homelessness is Mary Michell at (360) 221-6808 ext 4320
Prohibition Of Harassment, Intimidation And Bullying 3207
The board is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers, and community members that is free from harassment, intimidation, or bullying. As defined in legislation, “Harassment, intimidation or bullying” means any intentionally written message or image — including those that are electronically transmitted — verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A 642.010, or other distinguishing characteristics, when an act:
- Physically harms a student or damages the student’s property;
- Has the effect of substantially interfering with a student’s education;
- Is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment; or
- Has the effect of substantially disrupting the orderly operation of the school.
This policy recognizes that ‘harassment,’ ‘intimidation ,’ and ‘bullying’ are separate but related behaviors. Each must be addressed appropriately.” Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation or bullying.
“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.
“Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).
- Harassment refers to any malicious act, which causes harm to any person's physical or mental well-being. It can be discriminatory harassment, malicious harassment, or sexual harassment.
- Intimidation refers to implied or overt threats of physical violence.
- Bullying refers to unwanted aggressive behavior(s) by another youth or group of youths that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. Bullying may inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm. Bullying can also occur through technology and is called electronic bullying or cyberbullying
Harassment, intimidation, or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.
This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of harassment, intimidation, or bullying may still be prohibited by other district policies or building, classroom or program rules.
Training: This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers. Specific training requirements are included in the accompanying procedure.
Prevention: The district will provide students with strategies aimed at preventing harassment, intimidation, and bullying. In its efforts to train students, the district will seek partnerships with families, law enforcement, and other community agencies.
Interventions: Interventions are designed to remediate the impact on the targeted student(s) and others impacted by the violation, to change the behavior of the aggressor, and to restore a positive school climate. The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.
Students with Individual Education Plans or Section 504 Plans: If allegations are proven that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the aggressor or target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE). The meeting should occur regardless of whether the harassment, intimidation, or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving a FAPE as a result of the harassment, intimidation, or bullying incident, the district will provide additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.
Retaliation/False Allegations: Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying, or participating in an investigation.
It is also a violation of district policy to knowingly report false allegations of harassment, intimidation, and bullying. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Compliance Officer: Dan Poolman, firstname.lastname@example.org : 5476 Maxwelton Road, Langley, WA 98260, 360-221-6100, fax 360-221- 3835
Policy Review: The Board will annually review the efficacy of the policy and related implementation of the procedures.
Procedure - Prohibition Of Harassment, Intimidation And Bullying 3207P
The South Whidbey School District strives to provide students with optimal conditions for learning by maintaining a school environment where everyone is treated with respect and no one is physically or emotionally harmed.
In order to ensure respect and prevent harm, it is a violation of district policy for a student to be harassed, intimidated, or bullied by others in the school community, at school sponsored events, or when such actions create a substantial disruption to the educational process. The school community includes all students, school employees, school board members, contractors, unpaid volunteers, families, patrons, and other visitors. Student(s) will not be harassed because of their race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression, gender identity, mental or physical disability, or other distinguishing characteristics.
Any school staff who observes, overhears, or otherwise witnesses harassment, intimidation, or bullying or to whom such actions have been reported must take prompt and appropriate action to stop the harassment, intimidation, or bullying, and to prevent its reoccurrence.
Aggressor means a student, staff member, or other member of the school community who engages in the harassment, intimidation, or bullying of a student.
Harassment, intimidation, or bullying means an intentional electronic, written, verbal, or physical act that:
- Physically harms a student or damages the student’s property;
- Has the effect of substantially interfering with a student’s education;
- Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
- Has the effect of substantially disrupting the orderly operation of the school.
Conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.
Harassment refers to any malicious act, which causes harm to any person's physical or mental well-being. It can be discriminatory harassment, malicious harassment, or sexual harassment.
Intimidation refers to implied or overt threats of physical violence.
Bullying refers to unwanted aggressive behavior(s) by another youth or group of youths that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. Bullying may inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm. Bullying can also occur through technology and is called electronic bullying or cyberbullying
Conduct that may rise to the level of harassment, intimidation, or bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation, or bullying.
Retaliation occurs when an individual is intimidated, threatened, coerced, or discriminated against for reporting harassment, intimidation, or bullying, or participating in an investigation.
Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, classified staff, substitute and temporary teachers, volunteers, or paraprofessionals (both employees and contractors).
Targeted Student means a student against whom harassment, intimidation, or bullying has allegedly been perpetrated.
Relationship to Other Laws This procedure applies only to RCW 28A.300.285 – Harassment, Intimidation and Bullying prevention. There are other laws and procedures to address related issues such as sexual harassment or discrimination.
At least four Washington laws may apply to harassment or discrimination:
- RCW 28A.300.285 – Harassment, Intimidation and Bullying
- RCW 28A.640.020 – Sexual Equality
- RCW 28A.642 – Prohibition of Discrimination in Public Schools
- RCW 49.60.010 – The Law Against Discrimination
The district will ensure its compliance with all state laws regarding harassment, intimidation, or bullying. Nothing in this procedure prevents a student, parent/guardian, school or district from taking action to remediate harassment or discrimination based on a person’s membership in a legally protected class under local, state, or federal law.
- Dissemination In each school and on the district’s website the district will prominently post information on reporting harassment, intimidation, or bullying; the name and contact information for making a report to a school administrator; and the name and contact information for the district compliance officer. The district’s policy and procedure will be available in each school in a language that families can understand. Annually, the superintendent will ensure that a statement summarizing the policy and procedure is provided in student, staff, volunteer, and parent handbooks, is available in school and district offices and/or hallways, or is posted on the district’s website. Additional distribution of the policy and procedure is subject to the requirements of chapter 392-405 WAC
- Education Annually students will receive age-appropriate information on the recognition and prevention of harassment, intimidation, or bullying at student orientation sessions and on other appropriate occasions. The information will include a copy of the Incident Reporting Form or a link to a web-based process.
- Training The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI. Staff will receive annual training on the school district’s policy and procedure, including at a minimum, staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form.
- Prevention Strategies The district will implement a range of prevention strategies including individual, classroom, school, and district-level approaches. Whenever possible, the district will implement evidence-based prevention programs that are designed to increase social competency, improve school climate, and eliminate harassment, intimidation, and bullying in schools.
Compliance Officer - Dan Poolman, email@example.com : 5476 Maxwelton Road, Langley, WA 98260, 360-221-6100, fax 360-221- 3835.
The district compliance officer will:
- Serve as the district’s primary contact for harassment, intimidation, or bullying. If the allegations in a written report of harassment, intimidation, or bullying indicate a potential violation of Policy 3207, the district staff member who receives the report must promptly notify the district compliance officer. [A2] ;
- Provide support and assistance to the principal or designee in resolving complaints;
- Receive copies of all Incident Reporting Forms, discipline Referral Forms, and letters to parents providing the outcomes of investigations.
- Communicate with the school district’s designated civil rights compliance coordinator. If a written report of harassment, intimidation, or bullying indicates a potential violation of the district’s nondiscrimination policy [Policy 3210], or if during the course of an investigation, the district becomes aware of a potential violation of the district’s nondiscrimination policy, the compliance officer must promptly notify the district’s civil rights compliance coordinator. At that time, the compliance officers must promptly notify the complainant that their complaint will proceed under both this policy / procedure and the nondiscrimination policy / procedure. The investigation and response timeline for the nondiscrimination procedure begin when the school district knows or should have known that a written report or investigation or Harassment, Intimidation, or Bullying involves a potential violation of the district’s nondiscrimination policy;
- Be familiar with the use of the student information system. The compliance officer may use this information to identify patterns of behavior and areas of concern;
- Ensure implementation of the policy and procedure by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough;
- Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training;
- Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis; and
- In cases where, despite school efforts, a targeted student experiences harassment, intimidation, or bullying that threatens the student’s health and safety, the compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student. A sample student safety plan is available on the OSPI website: www.k12.wa.us/SafetyCenter/default.aspx.
Staff Intervention All staff members will intervene when witnessing or receiving reports of harassment, intimidation, or bullying. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of harassment, intimidation, or bullying, may require no further action under this procedure, other than tracking, to ensure they are not repeated.
Filing an Incident Reporting Form Incident Reporting Form - Safe Schools may be used by students, families, or staff to report incidents of harassment, intimidation or bullying. A sample form is provided on the Office of Superintendent of Public Instruction’s (OSPI) School Safety Center website: www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx. Any student or students who believe they have been the target of unresolved, severe, or persistent harassment, intimidation, or bullying, or any other person in the school community who observes or receives notice that a student has or may have been the target of unresolved, severe, or persistent harassment, intimidation, or bullying may report incidents verbally or in writing to any staff member.
Addressing Harassment, Intimidation, or Bullying – Reports
Step 1: Filing an Incident Reporting Form In order to protect a targeted student from retaliation, a student need not reveal his identity on an Incident Reporting Form. The form may be filed anonymously, confidentially, or the student may choose to disclose his or her identity (non-confidential).
Status of Reporter
- Anonymous Individuals may file a report without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Schools may identify complaint boxes, use online reporting processes, or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific students or staff. (Example: An unsigned Incident Reporting Form dropped on a teacher’s desk led to the increased monitoring of the boys’ locker room in 5th period.
- Confidential - Individuals may ask that their identities be kept secret from the accused and other students. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report. (Example: A student tells a playground supervisor about a classmate being bullied but asks that nobody know who reported the incident. The supervisor says, “I won’t be able to punish the bullies unless you or someone else who saw it is willing to let me use their names, but I can start hanging out near the basketball court, if that would help.”)
- Non-confidential - Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require that the district release all of the information that it has regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation. The district will, however, fully implement the anti-retaliation provision of this policy and procedure to protect complainants and witnesses.
Step 2: Receiving an Incident Reporting Form
All staff are responsible for receiving oral and written reports. Whenever possible staff who initially receive an oral or written report of harassment, intimidation, or bullying will attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of harassment, intimidation, or bullying, no further action may be necessary under this procedure.
All reports of unresolved, severe, or persistent harassment, intimidation, or bullying will be recorded on a district Incident Reporting Form and submitted to the principal or designee, unless the principal or designee is the subject of the complaint.
Step 3: Investigations of Unresolved, Severe, or Persistent Harassment, Intimidation and Bullying
All reports of unresolved, severe, or persistent harassment, intimidation, or bullying will be investigated with reasonable promptness. Any student may have a trusted adult with them throughout the report and investigation process.
- Upon receipt of the Incident Reporting Form that alleges unresolved, severe, or persistent harassment, intimidation, or bullying, the school or district designee will begin the investigation. If there is potential for clear and immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.
- During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of harassment, intimidation, or bullying occur between the complainant and the alleged aggressor. If necessary, the district will implement a safety plan (https://www.k1wa.us/student-success/health-safety/school-safety-center/safety-planning-toolkit) for the student(s) involved. The plan may include changing seating arrangements for the complainant and/or the alleged aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a safe person for the complainant; altering the alleged aggressor’s schedule and access to the complainant, and other measures. If, during the course of an investigation, the district employee conducting the investigation becomes aware of a potential violation of the district’s nondiscrimination policy [Policy 3210], the investigator will promptly notify the district’s civil rights compliance officer. Upon receipt of this information, the civil rights compliance officer must notify the complainant that their complaint will proceed under the discrimination complaint procedure in WAC 392-190-065 through WAC 392-190-075 as well as the HIB complaint procedure. The notice must be provided in a language that the complainant can understand. The investigation and response timeline for the discrimination complaint procedure will follow that set forth in WAC 392-190-065 and begins when the district knows or should have known that a written report of harassment, intimidation or bullying involves allegations of a violation of the district’s nondiscrimination policy.
- Within two (2) school days after receiving the Incident Reporting Form, the school designee will notify the families of the students involved that a complaint was received and direct the families to the district’s policy and procedure on harassment, intimidation and bullying.
- In rare cases, where after consultation with the student and appropriate staff (such as a psychologist, counselor, or social worker) the district has evidence that it would threaten the health and safety of the complainant or the alleged aggressor to involve his or her parent/guardian, the district may initially refrain from contacting the parent/guardian in its investigation of harassment, intimidation, or bullying. If professional school personnel suspect that a student is subject to abuse and neglect, they must follow district policy for reporting suspected cases to Child Protective Services.
- The investigation will include, at a minimum:
- An interview with the complainant;
- An interview with the alleged aggressor;
- A review of any previous complaints involving either the complainant or the alleged aggressor; and
- Interviews with other students or staff members who may have knowledge of the alleged incident.
- The principal or designee may determine that other steps must be taken before the investigation is complete.
- The investigation will be completed as soon as practicable but generally no later than five (5) school days from the initial complaint or report. If more time is needed to complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.
- No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee will respond in writing or in person to the parent/guardian of the complainant and the alleged aggressor stating:
- The results of the investigation;
- Whether the allegations were found to be factual;
- Whether there was a violation of policy; and
- The process for the complainant to file an appeal if the complainant disagrees with the results. Because of the legal requirement regarding the confidentiality of student records, the principal or designee may not be able to report specific information to the targeted student’s parent/guardian about any disciplinary action taken unless it involves a directive that the targeted student must be aware of in order to report violations. If a district chooses to contact the parent/guardian by letter, the letter will be mailed to the parent/guardian of the complainant and alleged aggressor by United States Postal Service with return receipt requested unless it is determined, after consultation with the student and appropriate staff (psychologist, counselor, social worker) that it could endanger the complainant or the alleged aggressor to involve his or her family. If professional school personnel suspect that a student is subject to abuse or neglect, as mandatory reporters they must follow district policy for reporting suspected cases to Child Protective Services. If the incident cannot be resolved at the school level, the principal or designee will request assistance from the HIB compliance officer.
Step 4: Corrective Measures for the Aggressor
After completion of the investigation, the school or district designee will institute any corrective measures necessary. Corrective measures will be instituted as quickly as possible, but in no event more than five (5) school days after contact has been made to the families or guardians regarding the outcome of the investigation. Corrective measures that involve student discipline will be implemented according to district policy 3241, Student Discipline. If the accused aggressor is appealing the imposition of discipline, the district may be prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.
If in an investigation a principal or principal’s designee found that a student knowingly made a false allegation of harassment, intimidation or bullying, that student may be subject to corrective measures, including discipline.
Step 5: Targeted Student’s Right to Appeal
- If the complainant or parent/guardian is dissatisfied with the results of the investigation, they may appeal to the superintendent or his or her designee by filing a written notice of appeal within five (5) school days of receiving the written decision. The superintendent or his or her designee will review the investigative report and issue a written decision on the merits of the appeal within five (5) school days of receiving the notice of appeal.
- If the targeted student remains dissatisfied after the initial appeal to the superintendent, the student may appeal to the school board by filing a written notice of appeal with the secretary of the school board on or before the fifth (5) school day following the date upon which the complainant received the superintendent’s written decision.
- An appeal before the school board or disciplinary appeal council must be heard on or before the tenth (10th) school day following the filing of the written notice of appeal to the school board. The school board or disciplinary appeal council will review the record and render a written decision on the merits of the appeal on or before the fifth (5th) school day following the termination of the hearing, and will provide a copy to all parties involved. The board or council’s decision will be the final district decision.
Step 6: Discipline/Corrective Action
The district will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, and/or referral to law enforcement.
Corrective measures for a student who commits an act of harassment, intimidation, or bullying will be varied and graded according to the nature of the behavior, the developmental age of the student, or the student’s history of problem behaviors and performance. Corrective measures that involve student discipline will be implemented according to district policy 3241, Student Discipline.
If the conduct was of a public nature or involved groups of students or bystanders, the district should strongly consider schoolwide training or other activities to address the incident.
If staff have been found to be in violation of this policy and procedure, school districts may impose employment disciplinary action, up to and including termination. If a certificated educator is found to have committed a violation of WAC 181-87, commonly called the Code of Conduct for Professional Educators, OSPI’s Office of Professional Practices may propose disciplinary action on a certificate, up to and including revocation. Contractor violations of this policy may include the loss of contracts.
Step 7: Support for the Targeted Student
Persons found to have been subjected to harassment, intimidation or bullying will have appropriate district support services made available to them, and the adverse impact of the harassment on the student will be addressed and remedied as appropriate.
No school employee, student, or volunteer may engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of harassment, intimidation or bullying. Retaliation is prohibited and will result in appropriate discipline.
Students and families should use the district’s complaint and appeal procedures as a first response to allegations of harassment, intimidation, or bullying. However, nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected class under local, state or federal law. A harassment, intimidation, or bullying complaint may also be reported to the following state or federal agencies:
- OSPI Equity and Civil Rights Office (for discrimination complaints); 360.725.6162; Email: firstname.lastname@example.org; https://www.k12.wa.us/policy-funding/equity-and-civil-rights
- Washington State Human Rights Commission; 800.233.3247; www.hum.wa.gov/index.html
- Office for Civil Rights, U.S. Department of Education, Region IX; 206.607.1600; Email: OCR.Seattle@ed.gov; www.ed.gov/about/offices/list/ocr/index.html
- Department of Justice Community Relations Service; 877.292.3804; www.justice.gov/crt/;
- Office of the Education Ombuds; 866.297-2597; Email: OEOinfo@gov.wa.gov; http://oeo.wa.gov/
- OSPI Safety Center; 360.725-6044; https://www.k12.wa.us/student-success/health-safety/school-safety-center
Other District Policies and Procedures
Nothing in this policy or procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of harassment, intimidation or bullying as defined in this policy but which are, or may be, prohibited by other district or school rules.
Our Commitment to Non-Discrimination
The South Whidbey School District #206 (SWSD) does not discriminate, and Title IX requires the schools not to discriminate, on the basis of sex, race, creed, religion, color, national origin, age, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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 in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.
The following employees have been designated to handle questions and complaints of alleged discrimination: Affirmative Action/Title IX/ RCW 28A.640 /RCW 28A.642 compliance officer, Dan Poolman, email@example.com, or Section 504/ADA coordinator, Dr. Jo Moccia, firstname.lastname@example.org, 5476 Maxwelton Road, Langley, WA 98260, 360-221-6100. SWSD Title IX training is available to all employees and is linked on our website here.
The following employee(s) has been designated to handle questions and complaints of alleged discrimination:
Civil Rights/Title IX/ RCW 28A.640 / RCW 28A.642 compliance officer - Dan Poolman, email@example.com : 5476 Maxwelton Road, Langley, WA 98260, 360-221-6100, fax 360-221- 3835
You can report discrimination and discriminatory harassment to any school staff member or to the district's Title IX /Civil Rights Officer, who is listed above. You can also use our online reporting tool - Safe Schools reporting system. These tips may be made anonymously. These tips go straight to the District Office and are assigned to the appropriate administration to follow up.
You also have the right to file a complaint (see below).
The district will maintain those student records necessary for the educational guidance and/or welfare of students, for orderly and efficient operation of schools, and as required by law. All information related to individual students will be treated in a confidential and professional manner. The district will use reasonable methods to ensure that teachers and other school officials obtain access to only those education records for which they have legitimate educational interests. When information is released in compliance with state and federal law, the district and district employees are immune from civil liability unless they acted with gross negligence or in bad faith.
The district will retain records in compliance with the current, approved versions of the Local Government General Records Retention Schedule (CORE) and the School Districts and Educational Service Districts Records Retention Schedule, both of which are published on the Secretary of State’s website at: www.sos.wa.gov/archives/recordsretentionschedules.aspx.
Student records are the property of the district but will be available in an orderly and timely manner to students and parents/guardians. “Parent” includes the state Department of Social and Health Services when a minor student has been found dependent and placed in state custody. A parent/guardian or adult student may challenge any information in a student record believed inaccurate, misleading, or in violation of the privacy or other rights of the student.
Student records will be forwarded to other school agencies upon request. A high school student may grant authority to the district, permitting prospective employers to review the student’s transcript. Parental/guardian or adult student consent will be required before the district may release student records other than to a school agency or organization, except as otherwise provided by law.
A diploma may not be released until a student has made restitution (financial or otherwise) for damages assessed as a result of losing or damaging school materials or equipment.
The superintendent or designee will establish procedures governing the content, management, and control of student records.
PPRA Notice (Board Policy 3232)
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, required the district to notify you and obtain consent or allow you to opt your child out of participating in certain school activities. These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas (“protected information surveys”):
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationship, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”), and certain physical exams and screenings. The district will provide parents, within a reasonable period of time prior to the
administration of the surveys and activities, notification of the surveys and activities and be provided an opportunity to opt their child out, as well as an opportunity to review the surveys. (Please note that this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under state law.)
Annual CTE Nondiscrimination Notification
The South Whidbey School District does not discriminate on the basis of sex, race, color, national origin, disability, or age in its program or activities and provides equal access to the Boy Scouts and other designated youth groups.
The South Whidbey School District offers classes in many career and technical education program areas under its open admissions policy. For more information about CTE course offerings and admissions criteria, contact John Patton, 5675 Maxwelton Road, Langley WA 98260, (360)221-4300.
Lack of English language proficiency will not be a barrier to admission and participation in career and technical education programs. The following people have been designated to handle inquiries regarding the nondiscrimination policies:
Dan Poolman, (360)221-6100 firstname.lastname@example.org, 5476 Maxwelton Road, Langley WA 98260