WAC 392-187-035

The office of superintendent of public instruction will issue its findings to the complainant and the school district.

(1) If, by a preponderance of evidence, the office of superintendent of public instruction finds noncompliance but determines the noncompliance is not willful, the office of superintendent of public instruction will provide the school district with a first notice stating its determination of noncompliance. The notice will identify corrective actions and a timeline for the district to come into compliance.

(2) Second notice of noncompliance. If the school district fails to comply with the corrective actions identified for noncompliance in the first notice within the prescribed timeline, the office of superintendent of public instruction will provide the school district a second notice.

(a) The second notice shall state that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.714.

(b) Upon second notice of noncompliance, consistent with the procedures in (c) of this subsection, the school district superintendent and school district board of directors must adopt and submit a proposed compliance action plan to the office of superintendent of public instruction for approval. The compliance action plan must be submitted under the timeline required by the office of superintendent of public instruction in the second notice.

(c) Before submitting the compliance action plan to the office of superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.