K-12 Student Discipline Jess Lewis Program Supervisor, Behavior, RTL, and K-12 Discipline

Change is Afoot 1.Office of Civil Rights guidance regarding discipline inequities and disproportionality 2.OSPI begins collecting disaggregated discipline data 3.Engrossed Substitute Senate Bill 5946  Discipline Taskforce  Chapter WAC Rule Change

USDE: Dear Colleague Letter Prohibition 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 Thinking USDE (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 State 101,364 total incidents reported in

Behaviors

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

ESSB 5946: Strengthening Student Educational Outcomes – Section 300 Establishes the Discipline Task Force Changes due process for suspensions and expulsions Gives 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 (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 Equity 1.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 and 28A WSR , § , filed 11/18/14, effective 12/19/14.]28A

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 school year.

Chapter 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 Plans School 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, OSPI Equity and Civil Rights, OSPI Office of Civil Rights, US Department of Education Learning Assistance Program, OSPI