Significant update to Washington state school discipline policy

Governor Jay Inslee signs Opportunity Gap House Bill 1541 into law, with (l-r) Rep. Lillian Ortiz-Self, Rep. Sharon Tomiko Santos and Rep. Tina Orwall
Governor Jay Inslee signs Opportunity Gap House Bill 1541 into law, with (l-r) Rep. Lillian Ortiz-Self, Rep. Sharon Tomiko Santos and Rep. Tina Orwall

During the 2016 session, the Washington legislature passed Opportunity Gap House Bill 1541, which includes significant changes to student discipline laws.

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. The Washington Office of the 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.

Below is summary of changes effective June 9 that impact the 2016–17 school year. For more information, see OSPI Bulletin No. 024-16.

Limitations on Long-Term Suspensions and Expulsions

A long-term suspension or expulsion must not exceed the length of an academic term, as defined by the school board, from the time of the disciplinary action. This shortens the maximum length of a suspension or expulsion from the prior limitation of one calendar year.

School districts must not use long-term suspension or expulsion as a form of discretionary discipline. “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, and toxic inhalants, and 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.

Except for in response to the above, school districts may no longer use long-term suspension or expulsion. Even for any of the violations above, districts should consider alternative actions before using long-term suspension or expulsion, except for violation of the prohibition against firearms on school premises.

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.

Requirement to Provide Educational Services

School districts may not suspend the provision of educational services as a disciplinary action, whether discretionary or nondiscretionary.

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.

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.

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.

Families must have access to, provide meaningful input on, and have the opportunity to participate in a culturally sensitive and culturally responsive reengagement plan.

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.

 

Questions? Contact OSPI:

For questions about student discipline, alternatives to suspension, and reengagement meetings:

Joshua Lynch, Program Supervisor | Student Discipline and Behavior

joshua.lynch@k12.wa.us360-725-4969

 

For questions about Alternative Learning Experience (ALE) and online learning:

Lillian Hunter, Director | Digital Learning Department

lillian.hunter@k12.wa.us | 206-543-5426

 

For questions about student enrollment reporting for state funding:

Becky McLean, Supervisor | Enrollment Reporting and Categorical Funding

becky.mclean@k12.wa.us | 360-725-6306

 

Additional Resources

HB 1541

Equity in Student Discipline

Data and Analytics: Suspensions and Expulsions

2016 Legislative Session Recap

By Jene Jones, Government Relations

Jene Jones headshot cropped

Great things happened in Olympia for kids this year. Monumental things. And I’m going to celebrate here. So if you want to fill up your emotional bucket with some extra happy today, read on.

After unprecedented funding investments in schools last session, and new money pre-spent before legislators arrived this session in Olympia on necessary emergencies such as wildfires and unexpected prescription drug costs for WA residents, “manage your expectations” was the refrain to all advocates.

We didn’t. And our kids were prioritized. I’ll provide proof. In case this is as much extra ‘happy’ as you need today and you don’t need details before moving on, I am going to say thank you first. Thank you to the hard working legislators who balance the weight of so many issues – present & future. Thank you to the community members who told stories of their kids and talked about their dreams in Olympia. Thank you for listening, acting, and collaborating. Tim McGraw sings “always stay humble and kind.” I witnessed a lot of humanity this year in the halls and offices of the Capitol. This is the result:

For our littlest learners, additional money was invested in family child care providers so that the teachers can improve the quality of facilities and curriculum offered our precious preschoolers, thus assuring they are ready to thrive in kindergarten.

For our K-12 kids, we now have money to make sure we will no longer be suspending or expelling students for discretionary offenses, and will have better statewide data on demographics of kids to make sure the system is working to keep all students on-track and in school. This will happen in part through new discipline frameworks and trainings which are being developed sensitive to culture and positively supporting all students’ growth. Social Emotional Learning is a proactive way to reduce stress and behaviors associated with it, leaving teachers more time to teach, and students more time to learn. Pilots are being tracked statewide.

In addition, policy was passed aimed at providing in-school support for foster youth, including better information sharing with schools and more adult support to help students navigate frequent changes in school buildings. Our homeless student population is getting increased identification for schools, which will help with in-school support for learning and community partnerships for family housing stability. The early data from Tacoma housing/school partnerships shows fantastic academic gains for these students as well as an increased percentage of family member employment. Grants for 15 school districts are now available.

In the individualizing learning and choice bucket, we also re-approved (3rd time) charter schools. Charters are one piece of the puzzle of allowing innovation and flexibility to schools so that kids’ needs and academic growth stay at the center of the conversation. These non-profit public WA charter schools are operating under the top 5 most rigorous state accountability laws in the US.

Finally, and for the first time, near vision screenings will be offered when distance vision is tested in elementary and middle schools statewide. Seeing the numbers and letters on a page correctly dramatically increases academic potential. Duh. This was 17 years in the making, and the victory for kids happened this year.

In higher education, a new college savings plan for families passed as an alternative and addition to the GET program. Another law now assures that higher education students who have learning accommodations will no longer have to wait up to 6 months for those accommodations to start, which provides every student what they need to be successful right away. Yes!

Additionally, more money was allocated to get the students in teacher prep programs scholarships for high-need teaching positions. Test fees for teacher candidates can now be waived, and a central data system is being set up so that districts can see what teachers are out there applying for jobs in Washington. When beginning teachers get to schools, there is now money for peer mentor programs to support teacher quality and retention. Retired teachers are also now allowed to be re-hired as substitutes, which will help the shortage and assure students continue to learn even if their teacher is not in the building that day. And new money is available to train the classified staff who also work with groups of students, so that they have the tools to be a part of the core teaching team.

I have more good news. Next session amazing things will happen for kids. The work has already begun to provide ample opportunities for every student to have a meaningful and personalized learning experience. More options. More choice. More student understanding of how what is learned leads to a successful, prosperous future while raising up WA communities and finding new ways to make WA businesses thrive. That’s my North Star. We will get all kids the tools they need to discover their passions and proudly take leadership in growing WA. That vision keeps my bucket full. Tim, I’ll add one word: “always stay strong, humble, and kind.”

The Opportunity Gap Bill is now Law!

Today Gov. Jay Inslee signed House Bill 1541, which addresses the Opportunity Gap.  Here are highlights from the ceremony at Aki Kurose Middle School library.

Governor Jay Inslee signs Opportunity Gap House Bill 1541 into law, with (l-r) Rep. Lillian Ortiz-Self, Rep. Sharon Tomiko Santos and Rep. Tina Orwall
Governor Jay Inslee signs Opportunity Gap House Bill 1541 into law, with (l-r) Rep. Lillian Ortiz-Self, Rep. Sharon Tomiko Santos and Rep. Tina Orwall
League of Education Voters board treasurer Kevin Washington kicked things off as the MC
League of Education Voters board treasurer Kevin Washington kicked things off as the MC
Rep. Sharon Tomiko Santos, chair of the House Education Committee, talks about the significance of her opportunity gap bill becoming law
Rep. Sharon Tomiko Santos, chair of the House Education Committee, talks about the significance of her opportunity gap bill becoming law
Rep. Lillian Ortiz-Self shares her experiences seeing the opportunity gap firsthand as a middle school counselor
Rep. Lillian Ortiz-Self shares her experiences seeing the opportunity gap firsthand as a middle school counselor
Washington state Middle School Principal of the Year Mia Williams talks about the importance of closing gaps
Washington state Middle School Principal of the Year Mia Williams of Aki Kurose Middle School talks about the importance of closing gaps
Governor Jay Inslee addresses the crowd at Aki Kurose Middle School before signing Opportunity Gap House Bill 1541
Governor Jay Inslee addresses the crowd at Aki Kurose Middle School before signing Opportunity Gap House Bill 1541
Governor Jay Inslee congratulates Aki Kurose Middle School students after he signed Opportunity Gap HB 1541
Governor Jay Inslee congratulates Aki Kurose Middle School students after he signed Opportunity Gap HB 1541

Public Charter Schools ESSB 6194 as Amended in the House

Many students created their own signs

On March 9th, 2016, the House of Representatives amended and passed ESSB 6194, a new charter school law. On March 10th, 2016, the Senate concurred with the House’s changes and passed the bill. The bill now awaits Governor Inslee’s signature. The bill reenacts provisions of Initiative 1240 and makes changes to the charter school system to comply with the Supreme Court’s ruling on charter schools in September of 2015. This bill will allow the current schools to stay open and new schools to be established in the future, providing more options for Washington’s students and families.

See the details of ESSB 6194 here

Thank you to Representatives who voted Yes on Public Charter Schools Senate Bill 6194

Students practice their chants for legislators

Last night, the House voted 58-39 to pass Senate Bill 6194, a long-term solution to keep public charter schools open.  The bill is off to the Senate for concurrence and then to Governor Inslee’s desk.  Here are the legislators who voted yes, in case you would like to thank them:

House Democrats

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House Republicans

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Update to Side-by-Side Comparison of McCleary Education Funding Taskforce Proposals

FB Kids Cover Photo

The Senate and House came to an agreement on how to move forward in fulfilling their constitutional responsibility to fully fund education.  The Legislature delivered Senate Bill 6195 (Rivers R-18, Rolfes D-23) to Gov. Inslee, which he signed into law on February 29.  SB 6195 is the Legislature’s attempt to comply with the most recent order by the State Supreme Court in which the court found the Legislature in contempt for inadequate progress in funding basic education and complying with the McCleary decision.  The Court levied a fine of $100,000 per day on the Legislature until there is a solution.

Learn about the process going forward and what the legislation does and doesn’t do.

For all the bills proposed this session, check out our 2016 Bill Tracker.

Side-by-side comparisons of legislation proposed in the Washington state 2016 session

What to expect this 2016 Legislative Session

By Jene Jones, Government Relations

Jene Jones

There is general bi-partisan agreement on 2 things: 60 days to adjournment, in order to raise money and campaign for elections starting on day 61, and there will be budget adjustments for wildfire costs last summer and some caseload increases for social services this year. Beyond that, priorities differ.

The Senate is coming out strong saying there will be a Charter patch that funds the existing Charter schools which converted to ALE, Private, and Homeschool models mid this year, in order for them to continue to serve students who started in those schools in the fall. The family voice has been loud; students have been telling their stories of how their learning needs are being met, they feel like they belong, have choice, and are succeeding at their public Charter schools.

There is a McCleary bill that will obligate the state to fully take on compensation for staff at the state level by the end of the 2017 session. In order to show progress toward the court deadlines, the bill will probably pass this session. The funding for this however, is not a part of the prescribed plan. With 60% of voters telling the legislature they want 2/3 votes in both the House and the Senate to raise taxes through Eyman’s initiative 1366 which passed in November, even in the Legislative districts of 20 Democrat members in the House, tax increases for McCleary will be a tough vote to bring to the floor. In addition, if lawmakers do nothing with I-1366 (asking for a 2/3rds vote in House & Senate to raise taxes), starting on April 15, 2016 sales tax will lower by 1%, and the state will lose a billion dollars every year to the general fund, which funds education. (I-1366 is being legally challenged.) As perspective: The transportation package which passed last year did not have 2/3 vote in the House. 2/3rds votes are hard in a legislature with: 73 Rs, 73 Ds, and one D that caucuses with the Rs.

Policy for education will include other robust discussions in 2016: 1. Individualizing student pathways and addressing the Skills Gap through Career Tech coursework in Junior High and High Schools, and 2. Assessment and if it should remain linked to graduation requirements (HB 2214). For schools: How do you use the assessment results to meet the learning needs of your students, and assure all graduates are career/college ready?

Let’s focus 2016 on students. Student needs. Student outcomes. Student choice.

The 2014 Legislative Session

The 2014 legislative session may have been short, but there were significant policy accomplishments in improving public education in Washington state. These accomplishments expand access to financial aid for higher education for all Washington students, pave the way for all students to graduate from high school ready for college or career, and make steps toward reducing the opportunity and achievement gaps. Read More

A multifaceted approach yields a strong step forward in closing the opportunity and achievement gaps

By Beth Richer, League of Education Voters Government Relations

Governor Jay Inslee signs the Dream Act (Real Hope Act). Photo by the Seattle PI. Governor Jay Inslee signs the Dream Act (Real Hope Act). Photo by the Seattle PI.
Governor Jay Inslee signs the Dream Act (Real Hope Act). Photo by the Seattle PI.

Within any given legislative session there are victories, defeats, and measures left in a state of limbo. The 2014 session was no different. But amidst those victories, defeats, and states of limbo, there was an underlying theme for much of the education legislation related to the opportunity gap. Legislators, advocacy organizations, teachers, parents, students, and business leaders alike all said loud and clear: “We must take action to close the gaps and address our most underserved students.” Read More