June 9, 2016
( ) Action Required
(X) Informational
BULLETIN NO. 024-16 LEGAL AFFAIRS
TO:
School District Superintendents
School Building Principals
Educational Service District Superintendents
FROM:
Randy I. Dorn, State Superintendent of Public Instruction
RE:
Significant Student Discipline Update—Changes Effective June 9, 2016
CONTACT: Joshua Lynch, Program Supervisor
Student Discipline, Behavior, and Readiness to Learn
360-725-4969, [email protected], Agency TTY: 360-664-3631
PURPOSE AND BACKGROUND
During the 2016 regular session, the legislature passed 4SHB 1541, a comprehensive
bill based on recommendations of the Educational Opportunity Gap Oversight and
Accountability Committee (EOGOAC).
Sections of the bill include significant changes to student discipline laws, effective June
9. This bulletin contains a summary of the changes that impact the 2016–17 school
year.
These changes also affect the rules for student discipline (Chapter 392-400 WAC) and
student enrollment reporting for state funding (WAC 392-121-108) during the period of
suspension and expulsion. Through expedited rulemaking, the Office of Superintendent
of Public Instruction (OSPI) will align the rules with this new law before the upcoming
school year. OSPI will provide further clarification through additional rulemaking during
the 2016–17 school year.
BULLETIN NO. 024-16 LEGAL AFFAIRS
Page 2
June 9, 2016
LIMITATIONS ON LONG-TERM SUSPENSIONS AND EXPULSIONS
A long-term suspension or an expulsion must not exceed the length of an academic
term,1 as defined by the school board, from the time of the disciplinary action.2 This
shortens the maximum length of a suspension or expulsion3 from the prior limitation of
one calendar year.
School districts must not use long-term suspension or expulsion as a form of
discretionary discipline.4 “Discretionary discipline” is a disciplinary action taken by a
district for student behavior that violates the rules of student conduct, except for actions
taken in response to:
1. A violation of the prohibition against firearms on school premises, transportation,
or facilities;
2. Certain violent offenses, sex offenses, offenses related to liquor, controlled
substances, toxic inhalants, certain crimes related to firearms, assault,
kidnapping, harassment, and arson;
3. Two or more violations within a three-year period of criminal gang intimidation or
other gang activity on school grounds, possessing dangerous weapons on school
facilities, willfully disobeying school administrators or refusing to leave public
property, or defacing or injuring school property; or
4. Behavior that adversely impacts the health or safety of other students or
educational staff.5
Except for in response to the above, school districts may no longer use long-term
suspension or expulsion. Even for any of the violations listed above, districts should
consider alternative actions before using long-term suspension or expulsion, except for
violation of the prohibition against firearms on school premises.6
Possession of a telecommunication device and violation of dress and grooming codes
are removed from the list of discretionary violations that, if performed two or more times
within a three-year period, may result in long-term suspension or expulsion.7
1
The length of an academic term is a duration of time equal to the cumulative number of school days within an
academic term, and does not mean a duration lasting until the end of an academic term. See 4SHB 1541, Sec.
106(6).
2
4SHB 1541, Sec. 106(6).
3
Under RCW 28A.600.020; 4SHB 1541, Sec. 106(6); and WAC 392-400-410, schools may petition the
superintendent of a school district to extend the length of an expulsion under limited circumstances.
4
4SHB 1541, Sec. 105(4).
5
4SHB 1541, Sec. 105(6).
6
4SHB 1541, Sec. 105(7).
7
4SHB 1541, Sec. 106(5).
BULLETIN NO. 024-16 LEGAL AFFAIRS
Page 3
June 9, 2016
REQUIREMENT TO PROVIDE EDUCATIONAL SERVICES
School districts may not suspend the provision of educational services to a student as a
disciplinary action, whether discretionary or nondiscretionary.8
While students may be excluded from classrooms and other instructional or activity
areas for the period of suspension or expulsion, districts must provide students with an
opportunity to receive educational services during that time.9
If educational services are provided in an alternative setting, the alternative setting
should be comparable, equitable, and appropriate to the regular education services a
student would have received without the exclusionary discipline.10
STUDENT REENGAGEMENT PLAN AND MEETING
School districts must convene a reengagement meeting with the student and family
when a long-term suspension or expulsion is imposed.11 Families must have access to,
provide meaningful input on, and have the opportunity to participate in a culturally
sensitive and culturally responsive reengagement plan.12
DISCIPLINE POLICIES AND PROCEDURES
School districts must:
1. Annually disseminate school discipline policies and procedures to students,
families, and the community;
2. Monitor the impact of discipline policies and procedures using disaggregated
data; and
3. Periodically review and update discipline rules, policies, and procedures in
consultation with staff, students, families, and the community.13
8
4SHB 1541, Sec. 105(5) and (8).
Effective June 9, 2016, districts must provide suspended and expelled students an opportunity to receive
educational services, regardless of the date when the disciplinary action was imposed. 4SHB 1541, Sec. 105(8).
10
4SHB 1541, Sec. 106(7).
11
Reengagement, as used in this section of the law, should not be confused with dropout reengagement programs,
which provide educational opportunities to students age 16 to 21 who have dropped out of high school or are not
expected to graduate by the age of 21. See RCW 28A.175.100 and Chapter 392-700 WAC.
12
4SHB 1541, Sec. 107(1).
13
4SHB 1541, Sec. 102.
9
BULLETIN NO. 024-16 LEGAL AFFAIRS
Page 4
June 9, 2016
INFORMATION AND ASSISTANCE
For questions about student discipline, alternatives to suspension, and reengagement
meetings:
Joshua Lynch, Program Supervisor
Student Discipline, Behavior, and Readiness to Learn
[email protected], 360-725-4969
For questions about Alternative Learning Experience (ALE) and online learning:
Lillian Hunter, Director
Digital Learning Department
[email protected], 206-543-5426
For questions about student enrollment reporting for state funding:
Becky McLean, Supervisor, Enrollment Reporting and Categorical Funding
School Apportionment and Financial Services
[email protected], 360-725-6306
This bulletin is also available on OSPI’s website at: www.k12.wa.us/bulletinsmemos.
LEGAL AFFAIRS
Dierk Meierbachtol
Chief Legal Officer
Calandra Sechrist, Director
Equity and Civil Rights
RD:CS:jo
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, 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 the Equity and Civil Rights Director at (360) 725-6162
or P.O. Box 47200, Olympia, WA 98504-7200.