The Washington State Court of Appeals said in a decision published Monday, April 13, that it will reinstate the original decision by the Office of the Superintendent of Public Instruction (OSPI) that the Mercer Island School District was ‘deliberately indifferent’ in its actions to investigate and deter discrimination and harassment suffered by an Islander  Middle School student in 2011.

The parents of the student had complained the district did not adequately address claims of racial slurs and related harrassment behavior as required by state law.

The first decision regarding the matter by Administrative Law Judge (ALJ) Michelle C. Mentzer, on behalf of OSPI, said that the school district mishandled an investigation and its aftermath regarding two incidents involving the student, who has special needs.

The school district appealed that first decision to King County Superior Court where the ALJ decision was overturned.

The family of the student then appealed to the Washington State Court of Appeals.

The Appeals Court found the school district did not respond properly to the incidents and that with its “failure to conduct an adequate investigation,” among other issues, was deliberately indifferent to the reports and effects of harassment.

Those actions and inactions also violated the Equal Education Opportunity Law, the court said.

The decision does refer to newer standards regarding the handling of such events that were not fully established by OSPI until 2012. Yet, Monday’s  decision by the Court stated in part that the school district’s failure to abide by those standards resulted in the violations of which it stands accused.

District Superintendent Dr. Gary Plano said, “While disappointed in the outcome, the board will review the decision and consider its options at the April 14, 2015 board meeting in executive session.”