Bullying Protections for Enumerated Groups
Bullying Protections for Enumerated Groups
State law enumerates protected classes, including explicit protections for LGBTQ youth.
Revised Code of Washington 28A.600.477 Prohibition of harassment, intimidation, and bullying
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
- (a) “Electronic” means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.
- (i) “Harassment, intimidation, or bullying” means any intentional electronic, written, verbal, or physical act including, but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A.640.010, or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:
- (A) Physically harms a student or damages the student’s property;
- (B) Has the effect of substantially interfering with a student’s education;
- (C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
- (D) Has the effect of substantially disrupting the orderly operation of the school.
- (ii) Nothing in (b)(i) of this subsection requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
Revised Code of Washington 28A.640.010. Purpose — Discrimination prohibited.
Inequality in the educational opportunities afforded women and girls at all levels of the public schools in Washington state is a breach of Article XXXI, section 1, Amendment 61, of the Washington state Constitution, requiring equal treatment of all citizens regardless of sex. This violation of rights has had a deleterious effect on the individuals affected and on society. Recognizing the benefit to our state and nation of equal educational opportunities for all students, discrimination on the basis of sex for any student in grades K-12 of the Washington public schools is prohibited.
Revised Code of Washington 28A.642.010. Discrimination prohibited — Definitions.
Discrimination in Washington public schools on the basis of race, creed, religion, color, national origin, 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 is prohibited. The definitions given these terms in chapter 49.60 RCW apply throughout this chapter unless the context clearly requires otherwise.
Revised Code of Washington 28A.642.080 Transgender student policy and procedure.
(i) Each school district must designate one person in the school district as the primary contact regarding the policies and procedures relating to transgender students that meet the requirements of (a) of this subsection. In addition to any other duties required by law and the school district, the primary contact must:
- (C) Communicate with the school district employees responsible for monitoring school district compliance with this chapter, and the primary contact regarding the school district’s policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477 ; and (iii) The primary contact may also serve as the primary contact regarding the school district’s policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477.
(a) By September 1, 2019, and periodically thereafter, the Washington state school directors’ association must collaborate with the office of the superintendent of public instruction to develop and update a model transgender student policy and procedure.
(b) The elements of the model transgender student policy and procedure must, at a minimum: Incorporate the office of the superintendent of public instruction’s rules and guidelines developed under RCW 28A.642.020 to eliminate discrimination in Washington public schools on the basis of gender identity and expression; address the unique challenges and needs faced by transgender students in public schools; and describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying, required under RCW 28A.600.477, to transgender students.
(a) By December 31, 2020, the office of the superintendent of public instruction must develop online training material available to all school staff based on the model transgender student policy and procedure described in subsection (3) of this section and the office of the superintendent of public instruction’s rules and guidance as provided under this chapter.
(b) The online training material must describe the role of school district primary contacts for monitoring school district compliance with this chapter prohibiting discrimination in public schools, RCW 28A.600.477 related to the policies and procedures prohibiting harassment, intimidation, and bullying, and this section related to policies and procedures relating to transgender students.