SeptPolicyAlert.pdf

Parent document: Regular Board Meeting-10-28-2024.pdf

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SEPTEMBER 2024

Policy Alert

To ensure that Washington school board members have access to working
policies which align with current legal requirements, WSSDA contracted with
the law firm Stevens Clay to assist in the development of a model student
discipline policy and procedure to coordinate with OSPI’s new emergency
rules, which were released recently. Additionally, WSSDA is releasing these
documents without a paywall, so that all our members can engage in their
own work without concern of falling on the wrong side of the new legal
requirements.

OSPI’s emergency rules are intended to give school districts more control and
flexibility regarding supporting and managing student behavior. However,
some of these new rules raise questions about how they should be interpreted
and implemented in some situations. OSPI has indicated that it plans to
address some of those questions through further rulemaking, both through
the emergency and formal rulemaking processes. So, more changes are
expected that should bring greater clarity.

Most of the updates to WSSDA’s policy and procedure are based on three key
changes that OSPI made through its emergency rules.

First, OSPI replaced the term “discipline” with two new terms: “discretionary
discipline” and “nondiscretionary discipline.” OSPI took those terms from RCW
28A.600.015. Accordingly, WSSDA updated its student discipline procedure
by replacing the definition of “discipline” with those two terms.

Further, because the definition of “discretionary discipline” uses the term
“disciplinary action,” WSSDA has included examples of what might constitute
disciplinary action. It pulled those examples from RCW 28A.600.460(1), which
states: “Disciplinary action may include but is not limited to: Oral or written
reprimands; written notification to parents of disruptive behavior, a copy of
which must be provided to the principal.”


Second, OSPI eliminated “other forms of discipline” as a defined term in the
student discipline rules. It also removed the requirement for school districts
to identify other forms of discipline in their student discipline policies and
removed the requirement to attempt other forms of discipline before
administering classroom exclusions and emergency removals. However, OSPI
still uses the term in relation to suspensions and expulsions. For example, a
school must still attempt other forms of discipline before short-term
suspending a student and must consider other forms of discipline before long-
term suspending or expelling a student.

To reflect those updates, WSSDA has removed the term “other forms of
discipline” from certain places in its student discipline procedure. Nonetheless,
because the term is still used in relation to suspensions and expulsions,
WSSDA decided to define it so that educators would know what to do before
suspending and expelling students. School districts don’t have to adopt
WSSDA’s definition. They could define it differently based on their local
practices, or they could eliminate it as a defined term like OSPI has.

Third, OSPI made changes to classroom exclusions. It redefined the term
“classroom exclusion,” eliminated the requirement that other forms of
discipline be attempted before excluding a student from the classroom,
changed how long a student could be excluded, and gave school districts
discretion about how exclusions are reported.

Based on those changes, WSSDA updated the definition of “classroom
exclusion” and the potential length of an exclusion. Rather than creating new
reporting requirements, WSSDA left the existing requirements in its procedure
untouched. However, once again, school districts could develop different
reporting requirements if they wanted to.

Lastly, although OSPI removed the requirement that teachers attempt other
forms of discipline before excluding students from their classrooms, RCW
28A.600.020(2) requires them to attempt one or more “alternative forms of
corrective action”’—unless there’s an emergency. So, WSSDA removed the
requirement to attempt other forms of discipline and inserted the language
from RCW 28A.600.020(2). At this point, what “alternative forms of corrective
action” means is up in the air; the term is undefined. WSSDA chose to leave
that term undefined. But, once again, school districts could choose differently.


Please remember that these updates may change as OSPI continues to adjust
the rules, and, of course, if that occurs, WSSDA will be prepared to supply our
members with updated policy as well.