New Student Discipline Rules Implementation

Here’s a bulletin issued by OSPI on the new student discipline rules. You can find read more about it on the State Office of the Superintendent of Public Instruction’s website at http://www.k12.wa.us/StudentDiscipline/Rules/:

On July 30, 2018, OSPI adopted new student discipline rules that comprehensively revised Chapter 392-400 of the Washington Administrative Code (WAC). Some provisions became effective for the 2018–19 school year, with the remaining provisions becoming effective for the 2019–20 school year. OSPI determined a phased approach would provide ample time for school districts to implement new due process procedures, train school personnel, and engage with students, parents, teachers, and communities in order to develop appropriate local student discipline policies.

New Student Discipline Rules Implementation

Provisions effective for the 2019–20 school year

New school district requirements pertaining to, among other things, due process procedures for suspensions, expulsions, and emergency expulsions will become effective July 1, 2019—including several new conditions and limitations on the use of suspension, expulsion, and emergency expulsion. OSPI’s discipline rules establish uniform minimum due process requirements for student discipline in school districts. However, school districts may adopt policies and procedures setting forth expectations that provide additional procedural protections for students.

Before the start of the 2019–20 school year, school district policies and procedures must include:

• Best Practices. School district policies and procedures must identify other forms of discipline that school personnel should administer before or instead of administering classroom exclusion, suspension, or expulsion to support students in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the Behavior Menu of Best Practices and Strategies. See WAC 392-400-110(1)(e)
• Grievance Procedures. The current grievance procedure under WAC 392-400-240 applies to parent or student grievances related to the administration of classroom exclusions and other forms of discipline, including discipline that excludes a student from transportation or extra-curricular activities. Commencing with the 2018–19 school year, districts may establish a different grievance procedure so long as the procedures, at a minimum, include an opportunity for the student to share the student’s perspective and explanation regarding the behavioral violation.See WAC 392-400-110(1)(h).
• Educational Services. When a student is suspended or expelled, school districts must notify the student and parents regarding the educational services that will be provided in accordance with WAC 392-400-610. Beginning in the 2019–20 school year, district policies and procedures must describe the types of educational services the district offers during a suspension or expulsion. See WAC 392-400-110(1)(i).

Before the start of the 2019–20 school year, school district policies and procedures must remove:

• Exceptional Misconduct. The regulatory provisions that authorized a school district to immediately resort to suspension for behavioral violations that district policies identified as exceptional misconduct will no longer be effective after July 1, 2019. See WAC 392-400-245; WAC392-400-260.
• Zero-tolerance. Starting in the 2019–20 school year, the new rules require school districts to first attempt one or more other forms of discipline to support the student in meeting behavioral expectations before administering a short-term or in-school suspension. For long-term suspensions and expulsions, the new rules require school districts to at least consider other forms of discipline to support the student in meeting behavioral expectations. Therefore, by the start of the 2019–20 school year, school districts must eliminate any zero-tolerance approaches in local discipline policies and procedures that would require a mandatory suspension or expulsion in response to any behavioral violation other than firearms violations. See WAC 392-400-435(1); WAC 392-400-440(1); WAC 392-400-445(1).

Family and community engagement

RCW 28A.320.211(3) requires school districts to consult with staff, students, families, and the community when reviewing and updating local discipline policies and procedures. OSPI strongly encourages districts to consult with staff, students, families, and communities as early as possible to incorporate meaningful feedback into the development of local policies and procedures.

WSSDA model policy

RCW 28A.345.090 requires that school district discipline policies must beconsistent with the Washington State School Directors’ Association (WSSDA) model discipline policy. This statutory provision does not require school districts to replicate WSSDA model policy. School districts may adopt local discipline policies and procedures that are consistent with federal law, state statutes, and OSPI rules—as required under RCW 28A.600.010—before WSSDA officially revises and publishes their model policy, in a manner that is consistent with the forthcoming model policy.

OSPI discipline resources

OSPI has several resources on the Student Discipline webpage related to the new discipline rules, including:

• New Discipline Rules Family Quick Guide
• Discipline in Schools: A Parent Guide (available in several languages)
• OSPI new discipline rules webinar and PPT that provides an overview of the changes
• New Student Discipline Rules Q&A: A Technical Guide (updated 10-25-18)
• PDF versions of the 2018–19 rules and the 2019–20 rules.

All of these resources are intended to support districts in updating local discipline policies and procedures in consultation with staff, students, parents, families, and the community—in accordance with RCW 28A.320.211(3)—before the 2019–20 school year.

For questions about the new student discipline rules and implementation contact:

Joshua Lynch, Program Supervisor, Student Discipline, Behavior, and Readiness to Learn 

joshua.Lynch@k12.wa.us

OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

Questions and complaints of alleged discrimination should be directed to: 
Equity and Civil Rights Director
P.O. Box 47200
Olympia, WA 98504-7200
360-725-6162 
TTY:360-664-3631