WSSDA%203207%20Policy%20%26%20Legal%20News%20(1).pdf

Parent document: Regular Board Meeting, 5_00 pm-03-07-2024.pdf

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Preventing and
Responding to
Harassment,

Intimidation,
and Bullying

MODEL POLICY & PROCEDURE
3207/3207P

Prohibition of Harassment, Intimidation, and
Bullying of Students

MODEL POLICY & PROCEDURE
5010/5010P

Nondiscrimination and Affirmative Action

By OSPI’s School Safety and Student Well-Being Team

tate law requires school boards to adopt a HB 1207 also created an opportunity for OSPI and WSSDA
policy and procedure that prohibits harassment, to consult with each other regarding WSSDA's model
intimidation, and bullying (HIB) of any student. At policy and procedure to ensure alignment with state laws,
a minimum, the policy and procedure adopted by school clarify language and processes, and make other relevant
boards must incorporate the model policy developed by and timely updates. These updates will support clear and
WSSDA (RCW 28A.600.477). However, the model policy consistent implementation.
and procedure are not static. RCW 28A.600.477, also
requires WSSDA, in consultation with OSPI, to periodically, Summary of Changes
and as needed, make updates to its model policy and * Clarification around process, reporting

procedure prohibiting HIB. requirements, and technical assistance

In 2023, the Legislature passed House Bill (HB) 1207
Preventing and responding to harassment, intimidation,
bullying, and discrimination in schools. HB 1207 requires
OSPI, in coordination with WSSDA and in consultation
with the Office of the Education Ombuds, to create

model language regarding the HIB complaint process,
investigations, and contact information for assistance.
OSPI is undertaking this work now and will post the model
language on its website. School districts will then be reporting as well as fair and timely investigations.
required to include this model language on their websites

and in student/family and staff handbooks.

Over the course of the 2022-2023 school year,

OSPI received numerous questions from districts and
families about the current Harassment, Intimidation,
and Bullying policy and procedure, demonstrating the
potential need for clarification. It is the intent of OSPI
and WSSDA for the model policies and procedures

to outline a clear process that supports adequate


CONTINUED from previous page

¢ Updated language regarding the definitions of
harassment, intimidation, and bullying in the
policy

Current HIB law (RCW 28A.600.477) does not
differentiate between the three terms: harassment,
intimidation, and bullying, Instead, the statute
defines HIB as a broad term that encompasses the
potential actions under each of the behaviors. It is
not an expectation that districts determine which of
the three behaviors is occurring for the incident to
be investigated or substantiated as a HIB complaint.
The procedure for responding to a HIB complaint also
does not vary based on which of the three actions is
occurring.

¢ Added clarity around investigations and
reporting

While the HIB Compliance Officer is the primary
contact, most districts utilize a building administrator
or designee for the first step in an investigation. The
procedure is updated to reflect this allowance, noting
that communication with the HIB Compliance Officer
when a HIB complaint is received will help them fulfill
their duty as required by law to oversee the process
and ensure investigations are done accurately and in
a timely manner.

* Clarification around the submission of reports
and incident forms

It was also clarified that HIB reports and incident
forms should be provided to the school or HIB
Compliance Officer. The previous version noted that
these complaints could be sent to OSPI as well as
other state and federal agencies. OSPI, and the other
listed agencies, are unable to open HIB investigations
and/or process incident forms.

* Defining “Aggressor”

RCW 28A.600.477 does not define the role of the
aggressor and relates only to prohibiting harassment,
intimidation, and bullying of any student. The
investigation of a HIB complaint, as outlined in
procedure 3207P is for the purposes of student-to-
student HIB incidents. The definition of “aggressor” is
updated to clarify that the HIB law and process should
be used for student-to-student HIB only.

For allegations involving a staff member, the school

JULY 2023

district's Human Resources Department must be
involved so union representatives may be notified.
These allegations will not be handled under the
processes in 3207 and 3207P. Human Resources
Departments must include consideration of
Nondiscrimination laws, including WAC 392-190-
0555, and policies and procedures 3210/3210P

- Nondiscrimination (for students), and 5010/5010P
- Nondiscrimination (for employees). The Human
Resources Department should work with your district’s
legal counsel to determine the appropriate complaint
process and response.

Looking Forward

Overall, these changes are intended to clarify the HIB
process and better align with Washington state law. We
look forward to the creation of new language under HB
1207 (2023) and future opportunities to continue to
update and evolve this important work to increase the
safety of our students and improve school climate for
everyone.

Washington Office of Superintendent of

PUBLIC INSTRUCTION

Learn more about or contact OSPI’s School Safety and Student
Well-Being Team:

s:/Awww.k12.wa.us/student-success/health-safety/school-
safety-center/harassment-intimidation-and-bullying-hib

Email: schoolsafety@k12.wa.us
Phone: 360-725-6068

Based on House Bill 1207 - School Districts

- Harassment, Intimidation, Bullying, and
Discrimination, WSSDA has made substantive
revisions to Essential model policy and procedure

3207/3207P — Prohibition of Harassment,
Intimidation, and Bullying of Students, as well
as to Encouraged model policy and procedure
5010/5010P - Nondiscrimination and
Affirmative Action.

POLICY AND LEGAL NEWS =» WSSDA 11