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Washington · Policy & Funding

Washington OSPI proposes tighter teacher misconduct reporting rules, including 30-day deadline and expanded state investigation authority

The Washington Office of Superintendent of Public Instruction has proposed sweeping changes to educator misconduct oversight, including a 30-day reporting deadline for districts and authority to investigate without a formal complaint.

Washington Superintendent of Public Instruction Chris Reykdal has proposed a set of rule changes that would tighten the state's oversight of teacher misconduct, including a 30-day deadline for school districts to report allegations and new authority for the state to investigate without waiting for a district complaint. The proposals, sent to the Professional Educator Standards Board on July 13, 2026, follow investigative reporting that found nearly half of teachers listed in the state's public misconduct database had voluntarily surrendered their licenses, keeping case details out of public view.

What the rules would change

The most significant change would impose a firm timeline on school district reporting. Under current state regulations, a superintendent or chief administrator who has sufficient reliable information that an educator committed unprofessional conduct must file a written complaint with OSPI within a reasonable period of time. Failure to report is only actionable when it is intentional or knowing, a standard that state officials say is difficult to enforce. The proposed rules would require districts to report potential misconduct to OSPI within 30 days of establishing that an educator likely engaged in professional misconduct, such as sexual harassment, inappropriate student communication, or falsifying records. If the district takes disciplinary action such as placing a teacher on administrative leave, the reporting deadline would shorten to 10 days.

Another key change would allow OSPI to start an investigation on its own initiative if a district fails to report. Currently, the agency can only open a case upon receiving a formal complaint from a school district superintendent, an educational service district superintendent, or a chief administrator of a private or charter school. OSPI's chief legal and civil rights officer, Darryl Colman, told InvestigateWest that the agency has never taken formal action against a school administrator for failing to report misconduct, and it investigated one superintendent in the past but did not move forward with discipline.

45%Percentage of teachers in OSPI's public misconduct database since 2015 who had voluntarily surrendered their licenses, shielding case details from public view, according to a February 2025 InvestigateWest analysis. [1]

The proposals would also give OSPI emergency authority to temporarily restrict or limit a teacher's K-12 license during an active investigation. The agency says this would help remove educators from classrooms sooner and flag their licenses in Washington's internal credentialing system to prevent hiring in another district. Currently, OSPI can only act on a license when a case is adjudicated.

The rules would expand the definition of student to include any minor attending or participating in a program at any public, private, or charter school in Washington, plus former students over 18 who were enrolled within the previous 12 months. The current definition in state code covers only someone under the supervision, direction, or control of the educational practitioner. The proposed rules would also shift toward explicitly prohibiting nonacademic digital communication with students, rather than assessing it on a case-by-case basis as current rules do.

Voluntary license surrender and funding

The proposed rules would clarify OSPI's authority to deny a teacher's request to voluntarily surrender their K-12 teaching license. Under current practice, voluntary surrender halts the state's investigation and removes the case from the public-facing misconduct database. OSPI officials said they are unsure whether the agency already has that authority. A February 2025 InvestigateWest analysis found that nearly 45 percent of all teachers appearing in OSPI's public misconduct database since 2015 had voluntarily surrendered their licenses. In Seattle Public Schools, 11 of 15 educators in the database had done so.

The Professional Educator Standards Board, a 12-member governor-appointed body, tentatively plans to discuss the proposed changes at its September 24-25, 2026 meeting in Spokane. OSPI also plans to ask lawmakers and the governor in September 2026 to fund additional investigators.

Two-level discipline system

Washington's educator discipline system operates at two levels. Employment discipline is handled locally by school districts. Certificate discipline, which affects a teacher's state license, is handled by OSPI's Office of Professional Practices. The Professional Educator Standards Board sets the code of conduct, and OSPI enforces it. The proposed rules would strengthen the state's role in that structure.

Analysis

By the School Decision Newsroom, written after the reporting above was filed.

California has had a 30-day reporting rule for years. The problem persisted anyway.

California's Title 5, Section 80303 has required district superintendents to report teacher misconduct to the state credentialing commission within 30 days for years. A 2025 ProPublica and KQED investigation still found at least 67 educators reported for sexual misconduct whose credentials were never revoked. At least 14 were rehired at other schools. The California commission told ProPublica it has "no legal authority to compel employers to use these tools." A deadline written into regulation does not produce enforcement if the agency behind it cannot or will not act. Washington's proposal adds the same kind of timeline California already has.

OSPI has never disciplined an administrator for failing to report. New rules do not change that.

OSPI's chief legal officer told InvestigateWest the agency has never taken formal action against a school administrator for failing to report misconduct, and investigated one superintendent without pursuing discipline. The proposed rules would let OSPI open investigations on its own when districts fail to report. But the agency plans to ask lawmakers and the governor in September 2026 for funding to hire additional investigators. The authority to investigate without a complaint only matters if there are investigators to do the work. That funding request goes to the legislature, a separate process from the PESB rulemaking, and a parent should track both.

Wisconsin's bill treats license surrender as a disclosure trigger. Washington asks whether it can stop it.

Wisconsin's 2025 Assembly Bill 1003 directly addresses the voluntary surrender loophole. It prohibits the state from ending a misconduct investigation without a formal determination, requires that a surrendered license be permanent with waived appeal rights, and mandates public posting of the educator's name on a state website. It also bans any agreement that suppresses or destroys investigation records. Washington's proposal, by contrast, asks the standards board to "clarify" whether OSPI has authority to deny a surrender request. OSPI officials told InvestigateWest they are unsure the agency already holds that power. Wisconsin treats surrender as something that triggers more disclosure. Washington is still asking whether it can intervene at all.

Sources

  1. InvestigateWest. WA schools chief eyes changes to sexual misconduct response after reporting View
  2. OSPI. Washington State Code of Professional Conduct for Education Practitioners (WAC 181-86-110, WAC 181-87-095) View
  3. Washington State Legislature. Chapter 181-87 WAC: Professional certification—Acts of unprofessional conduct View
  4. Professional Educator Standards Board. Educator conduct — Professional Educator Standards Board View
  5. ProPublica/KQED. How California Allows Teachers Reported for Sexual Harassment or Misconduct to Keep Teaching View
  6. California Commission on Teacher Credentialing. Employer Required Reporting: Change in Employment Status Due to Misconduct — Title 5 CCR Section 80303 View
  7. Wisconsin Legislature. 2025 Assembly Bill 1003: Relating to educator license surrender and misconduct investigations View
Washington OSPI proposes tighter teacher misconduct reporting rules, including 30-day deadline and expanded state investigation authority | School Decision