What is the difference between a student defense complaint and a student defense appeal?

A student defense complaint and a student defense appeal have different functions in the Washington legal system. A student defense complaint is a formal document that a student can file with the Office of the Superintendent of Public Instruction (OSPI). It is used to address alleged violations of state or federal education laws. Generally, a student who has suffered discrimination or harassment in school or in their education program has the right to file a student defense complaint. The OSPI will investigate the complaint to determine whether the student’s rights were violated and, if so, what steps must be taken to resolve the situation. A student defense appeal, on the other hand, is used to challenge adverse actions taken by a school district or other educational institution. Examples of adverse actions that may be challenged include suspension, expulsion, denial of enrollment, or termination of a student’s participation in a program. To challenge an action, the student must file a formal, written appeal with the OSPI. The OSPI will review the appeal, and if it is determined that the student’s rights were violated, the OSPI will work to reverse the action. In summary, a student defense complaint is used to address alleged violations of education laws, while a student defense appeal is used to challenge adverse actions taken by a school district or educational institution. Both types of complaints are necessary in order to protect a student’s educational rights in Washington.

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