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Teacher Misconduct
Law-in-Brief: Special Education #13
Date:
March 2004
Prepared by: Resource Advocacy Team
My child is in a special education program in his junior high school. One of his teachers did something that I believe was very inappropriate, maybe even abusive. I’m very upset about this. Is there anything I can do?
Yes. There are a few places to notify. If you believe the conduct was abusive, you should notify your local police department and the local office of Child Protective Services. However, these agencies may be reluctant to act if too much time has elapsed since the incident occurred.
I’ll certainly do that. Isn’t there something I can do within the school system as well?
Yes. You should share your concerns with the school principal as soon as possible. It is always best to do these things in writing. Be sure to request that the principal respond to your concerns, again preferably in writing.
What if I am not satisfied with the principal’s response?
If the principal’s response is not satisfactory, you can then send a letter of complaint to the Educational Service District (ESD). There are nine ESDs in Washington. The ESDs function as support and technical assistance agencies to schools and school districts. To find out which ESD your child’s school district is in contact the State Office of the Superintendent of Public Instruction (OSPI) by calling (360) 725-6000, or by going to the website: www.k12.wa.us, and clicking on “Education Related Links”.
The ESDs have the responsibility to process objective and timely investigations of complaints made against schools and districts. The ESD has a responsibility to respond to your complaint in writing.
Should I send my complaint to anyone else within the school district?
Yes. Send a copy of your letter to the Superintendent of your child’s school district.
Do I need to include anything with my letter to the ESD?
It is a good idea to try to obtain as much evidence of the alleged teacher misconduct as possible and to document everything. Evidence can include a doctor’s visit, witness statements, police reports and photographs. You can include copies of all of these things with your letter.
What can I hope to accomplish by writing to the ESD?
The purpose of the information in your letter is to convince the ESD and school district to forward your complaint to the Washington State Office of Professional Practices. Generally, this office will only take action upon a referral from the ESD or school district. Therefore, it is essential that your letter generate their support.
If you have questions about what the State Office of Professional Practices does, you can contact them directly by calling: (360) 725-6130, or go to the website at www.k12.wa.us, and click on “Professional Practices”.
This sounds really helpful. Why don’t more parents know about the process for filing complaints?
This process is greatly underutilized. Hopefully, the more people who use this process, the more effective it will become.
This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.
To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
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