WAC 392-190-010

(1) School districts must not discriminate on the basis of a protected status in the counseling or guidance of students.

(2) Each school district must develop and use materials, orientation programs, and counseling techniques that encourage participation in all school programs and courses of study, including career and vocational technical programs and employment opportunities, regardless of a student's protected status. School districts must encourage students to explore subjects, activities, and occupations not traditional for their sex.

(3) Each school district that uses testing and other materials for counseling students must not use different materials for students based on their protected status. A school district may use different materials for students on the basis of their protected status if:

(a) The different materials address the same occupations and interest areas; and

(b) The use of different materials is essential to eliminate bias or prevent discrimination based on a protected status.

(4) Each school district must develop and use internal procedures to ensure that all tests and appraisal instruments related to guidance counseling, career and vocational guidance materials, work/study programs and opportunities, and educational scheduling or placement do not discriminate on the basis of a student's protected status.

(5) If a school district concludes that the use of tests and appraisal instruments, career and vocational guidance materials, work/study programs, or educational scheduling or placement has resulted in a substantially disproportionate number of students of a protected status in any particular course of study or classification, the school district must take prompt action to ensure that the disproportion is not the result of discrimination in the instrument or material, or its application.

(6) At least annually, each school district must review student enrollment data within courses and programs disaggregated by sex, race, limited-English proficiency (i.e., English language learners), and disability, including students protected under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. In its review of this data, the school district must determine whether a substantially disproportionate number of students within these categories are enrolled in a particular course or program. Where a school district finds that a particular course or program contains a substantially disproportionate number of students who are members of any one of the categories identified in this section, the district must take prompt action to ensure that the disproportion is not the result of discrimination, including in:

(a) The identification and selection of students;

(b) Course and program enrollment criteria;

(c) Tests and appraisal instruments;

(d) Academic, career, and vocational guidance materials;

(e) Work/study programs and opportunities;

(f) Educational scheduling or placement; and

(g) Other factors related to course and program enrollment.