K-12 Student DisciplineJess LewisProgram Supervisor, Behavior, RTL, and K-12 Discipline360.725.6101jess.lewis@k12.wa.us

Change is Afoot1. Office of Civil Rights guidance regarding discipline inequities and disproportionality2. OSPI begins collecting disaggregated discipline data3. Engrossed Substitute Senate Bill 5946

Discipline Taskforce Chapter 392-400 WAC Rule Change

USDE: Dear Colleague LetterProhibition of Discrimination

Different treatment based on the student’s protected class

Adverse Discriminatory Impact A policy may be neutral on its face, and is administered in an even-handed manner but has a disparate impact

Enforcement:A Shift in ThinkingUSDE (OCR) will now look carefully at:

Definitions of misconduct to ensure they are clear and nondiscriminatory The extent to which disciplinary criteria and referrals are made for offenses that are subjectively defined Whether there are safeguards to ensure that discretion is exercised in a nondiscriminatory manner

Data: Washington State101,364 total incidents reported in 2012-13

72,230 Suspen-sions or Expulsions 1,844 Sus-pensions or Expulsions < 1 day29,134Other In-tervention

Behaviors

Alcohol Bullying Fighting w/out Major InjuryIllicit Drug Other Behav-ior Weapon Tobacco Violence with Ma-jor In-jury

Violence w/out Major Injury - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000

“Other” Behavior Percent of Suspensions or Expulsions for “Other” Behavior

K 1 2 3 4 5 6 7 8 9 10 11 120%10%20%30%40%50%60%70%

ESSB 5946: Strengthening Student Educational Outcomes – Section 300

Establishes the Discipline Task ForceChanges due process for suspensions and expulsionsGives OSPI authority to write rules

Discipline Taskforce Duties Developed standard definitions for discretionary discipline categories Developed data collection standards for disciplinary actions

Education services provided while a student is subject to a disciplinary action The status of petitions for readmission to the school district when a student has been excluded from school Credit retrieval during a period of exclusion School dropout as a result of disciplinary action

Discipline Data

RCW 28A.600.460 (5) School districts must collect and report student level data that OSPI's data governance has included in CEDARS regarding student discipline. "All school districts must collect data on disciplinary actions taken in each school and must record these actions using the statewide student data system, based on the data collection standards established by the office of the superintendent of public instruction and the K-12 data governance group..." [2013 2nd sp.s. c 18 § 305; 1997 c 266 § 9.]

Discipline and Equity1. At least annually, school districts and public charter school must review disaggregated data on corrective and disciplinary actions taken against students within each school. 2. This review must include, but is not limited to, short-term suspensions, long-term suspensions, expulsions, and emergency expulsions. 3. Each school district or public charter school must determine whether it has disciplined or applied corrective action to a substantially disproportionate number of students within any of the disaggregated categories. 4. If a school district or public charter school finds that it has disciplined or applied corrective action to a substantially disproportionate number of students who are members of one of the categories, the school district or charter school must take prompt action to ensure that the disproportion is not the result of discrimination.

[Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 14-23-072, § 392-190-048, filed 11/18/14, effective 12/19/14.]

Defined Behaviors Failure to Cooperate Disruptive Conduct Destruction of Property/Vandalism Sexually inappropriate conduct Theft, possession of stolen property Academic dishonesty/plagiarism Multiple/ Accumulated Offenses Sexual Harassment Discriminatory Harassment Bullying

Data Elements

What’s Next? OSPI and the K-12 data governance group shall:

Revise the statewide student data system to incorporate the changes in student discipline data collection standards. Begin collecting data based on the revised standards in the 2015-16 school year.

Chapter 392-400 WAC OSPI opened 25 WACs

Struck “punishment” throughout the chapter Revised civil rights protections Added and revised due process protections Moved “truancy” and “non-attendance” to a new section Added reengagement meetings and reengagement plans

Public Hearing was held May 5, 2014 1500 public comments Concise Explanatory Statement

Final rules filed on July 23, 2014 Rules went into effect August 23, 2014

Due Process Changes All emergency expulsions must be converted to another form of corrective action within 10 school days of the emergency expulsion. No suspensions or expulsions may be for an indefinite period of time.

Suspensions and expulsions that last more than 10 days must have an end date no later than one calendar year from the time of the suspension or expulsion. Notice and due process rights are provided when the emergency expulsion is converted to another form of corrective action.

Reengagement Meetings Schools should make efforts to have suspended or expelled students return to an educational setting as soon as possible. Schools must convene a meeting with the student and their parent and/or guardians within 20 days of the student’s long-term suspension or expulsion, but no later than 5 days before the students return/enrollment.

Reengagement PlansSchool districts MUST:

Create a reengagement plan that is tailored to the student’s individual circumstances, including the incident that led to their long term suspension or expulsion The plan should aid the student in taking the necessary steps to remedy the situation that led to the student’s suspension or expulsion

School districts should consider: Shortening the length of time that the student is suspended or expelled Other forms of corrective action Supportive interventions that aid in the student’s academic success and keep the student engaged and on track to graduate

Resources Student Discipline, OSPIhttp://www.k12.wa.us/StudentDiscipline/default.aspx Equity and Civil Rights, OSPIhttp://www.k12.wa.us/Equity/default.aspx Office of Civil Rights, US Department of Educationhttp://www2.ed.gov/policy/gen/guid/school-discipline/index.html Learning Assistance Program, OSPIhttp://www.k12.wa.us/LAP/default.aspx