School Discipline - Statewide Legal Advocate Training

State Headquarters:
1225 South Weller Street, Suite 420
Seattle, WA 98144
(206) 322-2444
Offices in King, Pierce, Yakima and Spokane Counties
[email protected]
www.teamchild.org
School
Reengagement in
Response to
Discipline
TeamChild
Our Vision:
Our Mission:
TeamChild believes that it is
the paramount duty of our
community to help youth
overcome the obstacles of
poverty, disability, neglect
and abuse, racism and
discrimination in order to
achieve their true potential.
TeamChild provides free
civil legal advocacy and
community education to
help youth involved in the
juvenile justice system
secure the education,
health, housing and other
support they need to
achieve positive outcomes in
their lives.
Road Map
• School Discipline laws changed in 2016
• Limits to Exclusions and Emphasis on
Reengagement
• Practice with Reengagement
3 Fundamental Things to Know About
School Discipline
1. Timelines to appeal school discipline are
short. Students and parents must act quickly
if they disagree with the discipline.
2. Students always have the right to challenge
punishment and tell their side of the story
and a right to a hearing.
3. Students have a right to education services
during any suspension or expulsion and to
participate in a reengagement meeting.
Forms of Corrective Action
• Discipline: All forms of corrective action other than suspension
and expulsion
• Short term suspension: 10 days or less
• Long-term suspension: A suspension lasting longer than 10 days.
• Expulsion: Exclusion for a definite** period of time ending within
one academic term.
• Emergency Expulsion: Immediate removal from school property,
must be converted** to another form of corrective action within 10
school days.
** Indicates recent changes to the law
Limits on Exclusion
• Long Term Suspensions
and Expulsions cannot
exceed the “length of an
academic term.”
• Districts cannot use LTS
or Expulsion as a form of
“discretionary
discipline.”
• Discretionary discipline
means behavior that
violates the rules of
student conduct EXCEPT
a list of explicit
exceptions.
• Even for the list of
exceptions, Districts
should consider
alternative actions
before exclusion.
List of Explicit Exceptions
• Firearms prohibition;
• Certain violent offenses, sex offenses, offenses related
to liquor, controlled substances, toxic inhalants,
assault, kidnapping, harassment, and arson;
• Two or more violations within 3 years of gang activity,
possession of dangerous weapon on school grounds,
willfully disobeying administrators, or defacing or
injuring school property; or
• Behavior that adversely impacts the health or safety of
other students or educational staff.
7
Readmission
• Essentially an application to return to school
• Focus is not on what happened but on whether
youth is ready to return to school
• Can make this request any time and repeatedly
• Each school district has different readmission
procedures. Ask at the District.
• Opportunity to appeal to superior court within
30 days
New law also requires schools to convene re-engagement meeting with
suspended or expelled students to facilitate school reengagement.
Reengagement Meetings
• Districts MUST convene meeting - held within 20 days of
imposition of LTS or Expulsion but no later than 5 days
of the end of the discipline
• Districts SHOULD make efforts to have suspended or
expelled student return to an educational setting as
soon as possible
• Meeting is to discuss a plan to reengage the student in
a school program
• These are not to take the place of readmission
petitions
Reengagement Plans
In developing the plan, Districts should
consider
– shortening the length of time 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
10
Reengagement Plans
• Districts must create a reengagement plan tailored to
the student’s individual circumstances, including
consideration of the incident that led to the student’s
removal
• The plan should aid the student in taking the necessary
steps to remedy the situation that led to the student’s
removal
• Families must have access to, provide meaningful input
on, and have the opportunity to participate in
culturally sensitive and culturally responsive
reengagement plan
11
Reengagement Plans Must Consider:
• Shortening the length of the discipline
– Other forms of corrective action?
• Supportive interventions that aid in the
student’s academic success
 Keep the student engaged and on track to graduate
 Tailored to the student’s individual circumstances
• Aid the student in taking the necessary steps to
remedy the situation that led to the student’s
discipline
Education Services
• All students who are suspended or
expelled must receive education services
as soon as reasonably possible
• Educational services provided in an
alternative setting, should be
comparable, equitable, and appropriate
to the regular education
Troubleshooting Discipline Issues
• Act quickly - timelines are short and stakes are high
• Notices may be confusing, delayed or missing
• Schools may discourage pursuing a discipline hearing
• Suspensions and expulsions are only permitted for nondiscretionary offenses
• Reengagement meetings are required for long-term
suspension and expulsion
• All students should receive education services
Special Education and School
Discipline
• Students should not be punished for behavior that
is the result of their disability, or a result of the
IEP not being followed.
• Students with disabilities have the right to receive
education even if they are expelled from school.
• The school administrator who is in charge of
discipline may not know about the special needs of
a particular student or the important steps that
must be taken before imposing discipline.
Resources
TeamChild, Statewide Headquarters:
(206) 322-2444
WAC Ch. 392-400: explains discipline procedures
Office of the Education Ombudsman (OEO): resolves complaints,
disputes, and problems between families and Washington State
elementary and secondary public schools in all areas that affect
student learning. Toll-free phone number: 866-297-2597,
http://www.governor.wa.gov/oeo/default.asp
Education Advocacy Manual in pdf: www.teamchild.org
State Headquarters:
1225 South Weller Street, Suite 420
Seattle, WA 98144
(206) 322-2444
Offices in King, Pierce, Yakima and Spokane Counties
[email protected]
www.teamchild.org
Thank You