STUDENT DIS ISCIP IPLINE RULES NEW CHANGES FOR 2018 2018-2019 - - PowerPoint PPT Presentation

STUDENT DIS ISCIP IPLINE RULES NEW CHANGES FOR 2018 2018-2019 2019

Purpose of f Rules Id Identified by OSPI

WAC 392-400-010 Purpose. The purpose of this chapter is to ensure that school districts in Washington: (1) Provide due process to students; (2) Implement culturally responsive discipline policies and procedures that provide

• pportunity for all students to achieve personal and academic success;

(3) Engage school personnel, students, parents, families, and the community in decisions related to the development and implementation of discipline policies and procedures; (4) Ensure fairness and equity in the administration of discipline; (5) Administer discipline in ways that respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible; (6) Provide educational services that students need to complete their education without disruption; (7) Facilitate collaboration between school personnel, students, and families to ensure successful reentry into the classroom following a suspension or expulsion; and (8) Provide a safe and supportive learning environment for all students.

Dis iscip iplinary ry Options

(1) Discipline (2) Classroom Exclusion (3) Suspension

• Short-term
• Long-term

(3) Expulsion (4) Emergency Expulsion

Classroom Exclusions

A student may be removed from the classroom for any portion of the school day for behavioral violations that disrupt the educational process.

• The teacher or other school personnel must first attempt one or more other

forms of discipline to support the student in meeting behavioral expectations (unless the student is an imminent danger or continuing threat of substantial disruption).

• Does not include actions that result in missed instruction for a brief duration

when a teacher or other school personnel attempts other forms of intervention or discipline.

Classroom Exclusions – Notice and Procedure

• The exclusion, as well as the nature of the misconduct, must be

reported to the principal/designee.

• The parents must be notified of the exclusion as soon as reasonably

possible.

Suspensions – Grade Level Limitations

• Students in K-4 cannot be short-term suspended (including

in-school-suspension) for more than ten cumulative days during any academic term, and may not be long-term

• suspended. However, students in K-4 may still be

emergency expelled or expelled.

• Students in grades 5-12 may not be short-term suspended

(including in-school suspension) for more than fifteen days any semester (or ten days any trimester).

Discipline

• Unexcused Absences or Tardiness: A student may be subject to

discipline for absences or tardies that are not excused. However, the district will not suspend or expel a student from school for absences

• r tardiness.
• A school district may not administer a corrective action in a manner

that would result in the denial or delay of a nutritionally adequate meal.

Behavioral Agreements

• The district may enter into behavior agreements with students and parents

in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance.

• Behavior agreements will not waive a student’s opportunity to participate

in a reengagement meeting or receive educational services. Behavior agreements also will not exceed the length of an academic term.

• The district is not precluded from administering discipline for behavioral

violations that occur after the district enters into an agreement with the student and parents.

Reengagement Meetings

Districts must hold a meeting with the student and the student’s family to discuss a plan to reengage the student into an educational program.

• Families must have access to, and provide meaningful input on, and have the
• pportunity to participate in a culturally sensitive and culturally responsive

reengagement plan.

• Districts must create a reengagement plan tailored to the student’s

individual circumstances, including consideration of the incident that led to the student’s 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.

Reengagement Plans

In developing the reengagement plan, districts must consider:

• The nature and circumstances of the incident that led to the

student’s suspension or expulsion;

• As appropriate, students’ cultural histories and contexts, family

cultural norms and values, community resources, and community and parent outreach;

• Shortening the length of time that the student is suspended or

expelled.

Reengagement Plans

• Providing academic and nonacademic supports that aid in the student’s

academic success and keep the student engaged and on track to graduate;

• Supporting the student, family, or school personnel in taking action to

remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from reoccurring.

• Meeting and plan are in a language the student and parents understand.
• Districts must document the plan and provide a copy to students and

parents.

Educational Services – Notification Requirements

• As soon as reasonably possible after administering a suspension or

expulsion, a school district must provide written notice to the student and parents about the educational services the district will provide. The school district must provide the written notice in person, by mail,

• r by email. The notice must include:

(1) A description of the educational services that will be provided; and (2) The name and contact information for the school personnel who can offer support to keep the student current with assignments and course work.

Educational Services During a Suspension or Expulsion – Exclusions of f 0-5 Days

• Must provide coursework, including assigned homework,

from all the student’s classes.

• Must provide access to school personnel who can offer

support to keep the student current with their coursework.

• Must provide opportunity to make up assignments or missed

tests.

Educational Services During a Suspension or Expulsion – Exclusions of f 6-10 Days

In addition to the requirements imposed for suspensions from 0-5 days, school personnel must make a reasonable attempt to contact the student or parent within three school days of the suspension or emergency expulsion and periodically thereafter during the suspension or emergency expulsion in order to: (1) Coordinate the delivery of course work between the student and their teacher(s) at a frequency that would allow the student to keep current with assignments for all of the student’s classes; and (2) Communicate with the student, parents, and the student’s teacher about the student’s academic progress.

Educational Services During a Suspension or Expulsion – Exclusions of f More than 10 Days

Students must be provided educational services in a designated “course of study” (as defined in WAC 392-121-107). Courses of study include:

• One-on-one tutoring
• Alternative School
• On-line learning
• An approved Alternative Learning Experience program
• Enrollment in Transitions Program
• Work based learning
• Running Start
• Enrollment in a technical college
• Enrollment in a state approved dropout reengagement program
• Or other course of study

Suspension and Expulsion – General Conditions and Limitations

WAC 392-400-810 Exceptions for the purpose of protecting victims. In accordance with RCW 28A.600.460, a school district may preclude a student from returning to the student's regular educational setting following the end date of a suspension or expulsion for the purpose of protecting victims of certain offenses, as follows:

1) Teacher victim. A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned; 2) Student victim. A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.

Suspension and Expulsion – General Conditions and Limitations

• An expulsion may not be for an indefinite period of time. An expulsion may

not exceed the length of an academic term, as defined by school board, from the date of the corrective action unless: (a) The school petitions the district superintendent for an extension; and (b) The district superintendent authorizes the extension.

• Under law, a student may be precluded from returning to the student’s

regular educational setting.

2019-2020 New Rules

The rules will change again in 2019-2020

• Grievance Rights for Discipline

New Required District Policy

• Higher Standard for Emergency

Expulsions

• New Required Informal Hearing

(Prior to Suspension/Expulsion) and parent contact

• New Requirement – Informal

Conferences Following a Suspension or Expulsion

• Disciplinary Appeal Council
• New Limitations on Long-Term

Suspensions and Expulsions

• New Appeal Rights – Suspensions

and Expulsions

• New “Right to Inspect Education

Records.”

• New Limitation on Exclusion

Pending Appeal – Ten Day Deadline

• New Requirement – Return to Prior

School Placement