STATE OF WASHINGTON
January 17, 2020
Sent by email
Dear Equity and Access to Support Every Learners (EASEL) members:
On December 6, 2019, the Civil Rights Division of the Washington State Attorney General’s
Office (AGO) received your correspondence requesting the AGO conduct an investigation into
Seattle Public Schools’ (SPS) Highly Capable advanced learning program. Upon receipt of this
correspondence, the AGO contacted the Washington State Office of Superintendent of Public
Instruction (OSPI), to collaborate in its response. OSPI is responsible for monitoring school
districts’ Highly Capable programs, 1 and shares authority with the AGO and other statewide
agencies to ensure school districts’ compliance with state nondiscrimination laws. 2
This letter is to notify you that the AGO and OSPI will not be opening an investigation into this
matter at this time. The AGO and OSPI understand that, while SPS is currently considering
changes to its advanced learning programs, no action has been taken. At this time, the AGO and
OSPI will continue to monitor developments regarding SPS’ Highly Capable program, and we
expect SPS will ensure equal access to its courses and programs without discrimination, as
required under state law. 3 We copied SPS district officials on this correspondence to confirm our
shared understanding of the Districts’ equal-access and non-discrimination obligations.
You may have additional discrimination complaint options available to you through other local,
state, or federal agencies:
School District Complaint
You may file a discrimination complaint with the school district at any time. This
includes complaints regarding discrimination in access to courses and programs. This
process starts with a written complaint to any school or district administrator describing
the situation, including why you believe that it is discrimination.
Once the district receives a complaint, they must investigate and the superintendent must
respond within 30 calendar days. If you are unsatisfied with the superintendent’s
decision, you can appeal to the district’s school board, and then file a complaint with
OSPI. This process, including timelines, is outlined on OSPI’s website:
https://www.k12.wa.us/policy-funding/equity-and-civil-rights/complaints-aboutdiscrimination.

1

Chapter 28A.185 RCW.
Chapters 28A.640, 28A.642, and 49.60 RCW.
3
WAC 392-190-010.
2

 EASEL
January 17, 2020
Page 2

U.S. Department of Education, Office for Civil Rights (OCR)
The U.S. Department of Education, Office for Civil Rights enforces federal civil rights
laws, which prohibit discrimination in public schools on the basis of sex, race, color,
national origin, and disability. In general, complaints must be filed with OCR within 180
days (six months) of the alleged discrimination.
Phone: 1-800-607-1600   Website: www.ed.gov/ocr
How to file a complaint: www2.ed.gov/about/offices/list/ocr/docs/howto.html
Washington State Human Rights Commission (WSHRC)
The WSHRC enforces the Washington Law Against Discrimination, which prohibits
discrimination in employment and in places of public accommodation, including schools,
age, sex, marital status, sexual orientation, gender expression, gender identity, race,
creed, color, national origin, honorably discharged veteran or military status, disability, or
the use of a trained dog guide or service animal by a person with a disability. In general,
complaints must be filed with WSHRC within six months from the date of the alleged
discrimination.
Phone: 1-800-233-3247   Website: www.hum.wa.gov
How to file a complaint: www.hum.wa.gov/discrimination-complaint
Please contact us if you have any questions. Questions to the AGO should be directed to
colleen.melody@atg.wa.gov, and questions to OSPI should be directed to
sarah.albertson@k12.wa.us.
Sincerely,

Colleen Melody
Civil Rights Division Chief
Office of the Washington State Attorney General

cc:

Sarah Albertson
Managing Attorney, Equity and Civil Rights
Office of Superintendent of Public Instruction

Denise Juneau, Superintendent, Seattle Public Schools
Tina Meade, Civil Rights Compliance Officer, Seattle Public Schools