3210 Policy – Nondiscrimination

Bellingham Public Schools is committed to complying with anti-discrimination laws.

Definition

“Protected status” is short for the phrase “sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability.”

Nondiscrimination Statement

The district’s nondiscrimination statement:

Bellingham Public Schools does not discriminate on the basis of sex, race, ethnicity, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence, 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: Title IX Coordinator (360) 676-6455; Deputy Superintendent, (360) 676-6512; Section 504/ADA Coordinator (360) 676-2787; Gender Inclusive Schools Coordinator (360) 676-6532; Compliance Coordinator for 28A.640 and 28A.642 RCW, Civil Rights Coordinator (360) 676-2787. The mailing address for each coordinator is: Bellingham Public Schools, 1985 Barkley Blvd., Bellingham, WA 98226.

The district will include this statement in written announcements, notices, recruitment materials, employment application forms and other publications made available to all students, parents or employees.

The district may combine the statement described above with the notice described in Policy 3205 Sexual Harassment of Students Prohibited.

Model Student Handbook Language

The district will adopt the model student handbook language described in RCW 28A.300.286 and include the language in any student, parent, employee and volunteer handbook it or its schools publish on its and its schools’ websites.

Discriminatory Harassment

Students have a right to be free from discriminatory harassment. The district violates that right if the following conditions are met:

A. The alleged conduct is based on a student's sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence or the use of a trained dog guide or service animal.

B. The alleged conduct is sufficiently severe, persistent or pervasive that it limits or denies a student's ability to participate in or benefit from the school district's course offerings, including any educational program or activity (e.g., creates a hostile environment); and

C. The school district, upon notice, fails to take prompt and appropriate action to investigate or fails to take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects.

Harassing conduct may include verbal acts and name-calling, graphic and written statements or other conduct that may be physically threatening, harmful or humiliating.

When the district receives notice of potential discriminatory harassment, it will take prompt and appropriate action to investigate and, as applicable, take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence and remedy its effects. Examples of the steps the district might take include imposing discipline, separating individuals, developing a safety plan, offering counseling and providing additional training and instruction. These steps will not penalize the student who was harassed.

Complaint Procedure

The district will adopt a complaint procedure in accordance with chapter 392-190 WAC.

Annually, the district will publish a notice of the complaint procedure in a way that is reasonably calculated to inform all students, parents and employees of it. The district will provide the notice in a language each parent/guardian can understand, which may require language assistance in accordance with Title VI of the Civil Rights Act of 1964 for those with limited English proficiency.

The district will not adopt any policy, procedure or practice that would limit a person’s right to file a complaint under the complaint procedure.

Compliance Officer

The superintendent will designate an employee who is responsible for monitoring and coordinating the district’s compliance with chapter 392-190 WAC and the guidelines the Office of the Superintendent of Public Instruction has adopted under WAC 392-190-005.

The compliance officer is responsible for ensuring that all complaints filed under the complaint procedure are promptly investigated and resolved.

Training

The district will train all administrators, certificated personnel and classroom personnel regarding their responsibilities under this policy and chapter 392-190 WAC. The training will aim to raise awareness of and eliminate bias based on sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence or the use of a trained dog guide or service animal by a person with a disability.

Retaliation Prohibited

The district will not intimidate, threaten, coerce or discriminate against any individual who seeks to secure their rights under this policy or chapter 392-190 WAC or because the individual has filed a complaint under the complaint procedure. Further, the district will not tolerate someone else retaliating against another because they sought to secure their rights under this policy or chapter 392-190 WAC or because they have filed a complaint under the complaint procedure.

Any person who retaliates will be subject to appropriate discipline.

Cross References:

Policy 2020 - Course Design, Selection and Adoption of Instructional Materials

Policy 2030 - Service Animals in Schools

Policy 2140 - Guidance and Counseling

Policy 2150 - Co-Curricular Program

Policy 3205 - Sexual Harassment of Students Prohibited

Policy 3207 - Prohibition of Harassment, Intimidation and Bullying Students

Policy 3211 - Gender Inclusive Schools

Policy 4217 - Effective Communication

Policy 4260 - Use of School Facilities

Legal References: