Procedure 3241 - Student Discipline

Introduction 

The purpose of this student discipline procedure is to implement the district’s student discipline policy as adopted by the board. These procedures are consistent with the board’s student discipline policy, as well as all applicable federal and state laws. 

Definitions 

The district will continue to further develop and/or revise the definitions for what constitutes behavioral violations to reduce the effect of implicit or unconscious bias. 

As used in this policy the term: 

• “Behavior violation” means a student’s behavior that violates the district’s discipline policy and procedure. 
• “Classroom exclusion” means the exclusion of a student from a classroom or instructional activity area for a discretionary behavioral violation that creates a disruption of the educational process in violation of the district’s discipline policy and procedure. 
• “Corrective action” means disciplinary and non-disciplinary actions taken by a certificated educator. Non-disciplinary actions include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations. 
• “Culturally responsive” has the same meaning as “cultural competency” in RCW 28A.415.443, which states “cultural competency” includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students’ experiences and identifying cultural contexts for individual students. 
• “Discretionary discipline” means a disciplinary action taken by the school district for student behavior that violates rules of student conduct adopted by the board under RCW 28A.600.015(6). Disciplinary action may include, but is not limited to, oral or written reprimands, detention, exclusion from extracurricular activities, denial of classroom privileges, and exclusion from transportation, or written notification to parent/guardian of disruptive behavior, a copy of which must be provided to the principal. Discretionary discipline does not include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations. 
• “Disruption of the educational process” means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students. 
• "Emergency removal" means the removal of a student from school because the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 392-400-510 through 392-400-480. 
• "Expulsion" means a denial of admission to the student’s current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480. 
• “Length of an academic term” means the number of school days in a single trimester or a semester, as defined by the board. 
• "Re-engagement meeting" means the required meeting held between the school district and the student’s parent and/or guardian to discuss how to return a long-term suspended or expelled student to an educational setting as soon as possible. 
• "Re-engagement plan" means a written plan developed between the school district and a student and their parent or guardian designed to aid the student in taking the necessary steps to remedy the situation that led to the student's long-term suspension or expulsion and return the student to the educational setting as soon as possible. 
• “Non-discretionary discipline” means (a) violations of RCW 28A.600.420; (b) an offense listed in RCW 13.04.155; two or more violations of RCW 9A.46.120, 9.41.280, 28A600.455, 28A.635.060 within a three-year period; or behavior that adversely impacts the health or safety of other students or educational staff. 
• “Parent” has the same meaning as in WAC 392-172A-01125, and means (a) a biological or adoptive parent of a child; (b) a foster parent; (c) a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the student, but not the state, if the student is a ward of the state; (d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the student lives, or an individual who is legally responsible for the student’s welfare; or a surrogate parent who has been appointed in accordance with WAC 392-172A-05130. If the biological or adoptive parent is attempting to act as the parent and more than one party meets the qualifications to act as a parent, the biological or adoptive parent must be presumed to be the parent unless they do not have legal authority to make educational decisions for the student. If a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this policy and procedure. 
• “School board” means the governing board of directors of the local school district. 
• “School business day” means any calendar day, except Saturdays, Sundays, and any federal and school holiday, upon when the office of the Superintendent is open to the public for business. A school business day concludes or terminates upon the closure of the Superintendent’s office for the calendar day. 
• "School day" means any day or partial day that students are in attendance at school for instructional purposes. 
• "Suspension" means a denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including classroom exclusions, expulsions, or emergency removals.
  • “In-school suspension” means a suspension in which a student is excluded from the student’s regular educational setting but remains in the student’s current school placement for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. 
  • "Short-term suspension" means a suspension in which a student is excluded from school for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. 
  • "Long-term suspension" means a suspension in which a student is excluded from school for more than ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. 

Language Assistance 

The district will provide for early involvement of parent/guardian in efforts to support students in meeting behavioral expectations. Additionally, school personnel will make very reasonable attempt to involve the student and parent/guardian in the resolution of behavioral violations. 

The district will ensure that it provides all discipline related communications required in connection with this policy and procedure in a language the student and parent/guardian understand. These discipline-related communications include notices, hearings, conferences, meetings, plans, proceedings, agreements, petitions, and decisions. This effort may require language assistance for students and parent/guardian with limited-English proficiency under Title VI of the Civil Rights Act of 1964. This effort may require accommodations for parents/guardians and students with communication disabilities. For parents/guardians who are unable to read any language, the district will provide written material orally. 

School Meals, Graduation Requirements, and Recess 

The district will not discipline a student in a manner that would result in the denial or delay of a nutritionally adequate meal. 

No form of discipline shall be enforced in such a manner as to prevent a student from accomplishing specific academic grade, subject, or graduation requirements. 

Recess should not be withheld as discipline. 

Staff Authority and Exclusionary Discipline 

District staff members are responsible for supervising students immediately before and after the school day; during the school day; during school activities (whether on or off campus); on school grounds before or after school hours when a school group or school activity is using school grounds; and on the school bus. Staff have the responsibility to provide a safe and supportive learning environment for all students during school-related activities. In accordance with the board’s behavioral expectations and keep students in the classroom to the maximum extent possible. 

Each certificated teacher, each school administrator, each school bus driver, and any other employee designated by the Superintendent shall possess the authority to impose discipline upon a student for misconduct which violates rules of the school district established pursuant to school district policies and to impose an emergency removal from a class, subject, or activity in accordance with this policy. 

Subject to the limitations set forth herewith in connection with the suspension or expulsion of students, the following school district personnel are delegated the authority to suspend, expel, or order the emergency removal of students for any misconduct which violates the rules for student conduct: Superintendent, Deputy Superintendent, Assistant Superintendent, Principals, Assistant Principals, Administrative Assistants, and any other district employee to whom such authority has been delegated by the Superintendent. 

Exclusions from Transportation or Extra-Curricular Activities and Detention 

The superintendent authorizes the Transportation Director in conjunction with school administrator to exclude a student from transportation services or extracurricular activities or impose detention. For students who meet the definition of homeless, the district will provide transportation according to Policy 3115 – Families in Transition: Enrollment Rights and Services. 

For minor infractions of school rules or regulations, or for minor misconduct, staff at secondary school sites may assign students detention during after school hours for not more than 60 minutes on any given day. 

Preceding excluding a student from transportation or extracurricular activities, or assigning detention, the staff member will inform the student of the nature of the behavioral violation prompting their decision to administer detention and provide the student an opportunity to share their perspective and explain their actions to the staff member. 

Classroom Exclusions 

A teacher may exclude a student from the teacher’s individual classroom or instructional or activity area while the student is under the teacher’s immediate supervision, subject to the requirements in RCW 28A.600.460. Except in emergency circumstances, the teacher must first attempt one or more other forms of corrective action before excluding a student. 

A classroom exclusion does not include actions that result in missed instruction for a brief duration when the following apply: 

1. A teacher or other school personnel uses evidence-based classroom management practices outlined in RCW 28A.405.100, RCW 28A.410.260, and RCW 28A.410.270 to support the student in meeting behavioral expectations. 
2. The student remains under the supervision of the teacher or other school personnel consistent with RCW 28A.150.240 

A classroom exclusion may be administered for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. A classroom exclusion that exceeds this time period, and if the student has repeatedly disrupted the learning of other students, consistent with RCW 28A.600.460, may be considered a suspension in accordance with this procedure. In that case, the district must provide for the early involvement of parent/guardian in attempts to improve the student’s behavior. 

A student may not be removed from school during a classroom exclusion unless the school provides notice and due process for a suspension, expulsion, or emergency removal. 

The school will provide the student with an opportunity to make up any assignments and tests missed during a classroom exclusion. 

Following the classroom exclusion of a student, the teacher must report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the Principal or their designee as soon as reasonably possible. The principal or designee must report all classroom exclusions, including behavioral violation that led to it, to the Superintendent or designee. The classroom exclusion must be recorded in a manner consistent with RCW 28A.600.460. 

The teacher, principal, or the principal’s designee must notify the student’s parent/guardian regarding the classroom exclusion as soon as reasonably possible. The school must ensure that this notification is in a language the parent/guardian understand, which may require language assistance for parent/guardian with limited-English proficiency under Title VI of the Civil Rights Act of 1964. 

Informal Grievance Procedure – Classroom Exclusions, Transportation, Detention, Extracurriculars 

Any parent/guardian or student who is aggrieved by the administration of a classroom exclusion, exclusion from transportation or extracurricular activities, detention or other discretionary discipline (not including suspension), has the right to an informal conference with the Principal or designee to resolve the grievance. At the informal conference, the student will be given an opportunity to share their perspective and explanation regarding the behavioral violation. There is no appeal beyond this informal conference, and any decision made at such conference is final. 

Students who are suspended, expelled, or emergency removed may appeal those actions as described later in this procedure. 

Suspension and Expulsion – General Conditions and Limitations 

The district’s use of suspension and expulsion will have a real and substantial relationship to the lawful maintenance and operation of the school district, including but not limited to, the preservation of health and safety of students and employees and the preservation of an educational process that is conducive to learning. 

The district will provide the parent/guardian with an opportunity for involvement to support the student in meeting behavioral expectations and will make every reasonable attempt to involve the student and parent/guardian in the resolution of behavioral violations. Additionally, the Superintendent or designee must consider the student’s individual circumstances and the nature and circumstances of the behavioral violation to determine whether the suspension or expulsion, and the length of exclusion, is warranted. 

The principal or designee at each school must report all suspensions and expulsions, including the behavioral violation that led to the suspension or expulsion, to the Superintendent or designee within twenty-four hours after the administration. 

An expulsion or suspension of a student may not be for an indefinite period and must have an end date. 

After suspending or expelling a student, the district will make reasonable efforts to return the student to the student’s regular educational setting as soon as possible. Additionally, the district must allow the student to petition for readmission at any time. 

When administering a suspension or expulsion, the district may deny a student admission to, or entry upon, real and personal property that the district owns, leases, rents, or controls. 

The district must provide an opportunity for students to receive educational services during a suspension or expulsion in accordance with WAC 392-400-610. 

The district will not suspend or expel a student from school for absences or tardiness. 

If the district enrolls a student in another program or course of study during a suspension or expulsion, the district may not preclude a student from returning to the student’s regular educational setting following the end of the suspension or expulsion, unless one of the following applies: 

1. The superintendent or designee grants a petition to extend a student’s expulsion under WAC 392-400-480; 
2. The student is excluded from the student’s regular educational setting in accordance with WAC 392-400-810; or 
3. Other law precludes the student from returning to their regular educational setting. 

In-School Suspension and Short-Term Suspension – Conditions and Limitations 

Before administering an in-school or short-term suspension, the district must consider the general conditions and limitations for suspension and expulsions listed above. 

For students in kindergarten through fourth grade, the district will not administer in-school or short-term suspension for more than ten cumulative school days during any academic term. For students in grades five through twelve, the district will not administer in-school or short-term suspension for more than fifteen cumulative school days during any single semester, or more than ten cumulative school days during any single trimester. Additionally, the district will not administer a short-term or in-school suspension beyond the school year in which the behavioral violation occurred. 

When administering an in-school suspension, school personnel will ensure they are in the same location as the student to provide supervision during the duration of the in-school suspension. Additionally, school personnel will ensure they are accessible to offer support to keep the student current with assignments and coursework for all the student’s regular subjects or classes. 

Long-Term Suspensions and Expulsions – Conditions and Limitations 

Before administering a long-term suspension or an expulsion, the district must consider the general conditions and limitations for suspension and expulsions listed above. 

The district may only administer long-term suspension or expulsion for behavioral violations that meet the definitions provided under RCW 28A.600.015(6)(a) through (d), as outlined below, and after determining that the student would pose an imminent danger to students or school personnel if the student returned to school before completing a long-term suspension or expulsion. 

Behavioral violations that meet the definitions under RCW 28A.600.015(6)(a-d) include the following: 

1. Having a firearm on school property or school transportation in violation of RCW 28A.600.420; 

2. Any of the following offenses listed in RCW 13.04.155, including:

• any violent offense as defined in RCW 9.94A.030, including:
• any felony under any laws as a class A felony or an attempt to commit a class A felony; 
• manslaughter in the first or second degree; 
• indecent liberties committed by forcible compulsion; 
• kidnapping in the second degree; 
• arson in the second degree; 
• assault in the second degree; 
• assault of a child in the second degree; 
• robbery in the second degree; 
• drive-by shooting; and 
• vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner; 
• any sex offense as defined in RCW 9.94A.030, including: • any felony violation of chapter 9A.44 RCW (other than failure to registered as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism, and any felony conviction or adjudication with a sexual motivation finding; 
• inhaling toxic fumes in violation of chapter 9.47A RCW; 
• any controlled substance violation of chapter 69.50 RCW; 
• any liquor violation of RCW 66.44.270; 
• any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280; or 
• unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW. 

3. Two or more violations of the following within a three-year period 

• criminal gang intimidation in violation of RCW 9A.46.120: 
• gang activity on school grounds in violation of RCW 28A.600.455; 
• willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and 
• defacing or injuring school property in violation of RCW 28A.635.060; and 

4. Any student behavior that adversely affects the health or safety of other students or educational staff. 

Neither a long-term suspension nor an expulsion may exceed the length of an academic term. The district may not administer a long-term suspension or an expulsion beyond the school year in which the behavioral violation occurred. 

An expulsion may not exceed the length of an academic term, unless the superintendent or designee grants a petition to extend the expulsion under WAC 392-400-480. 

In accordance with RCW 28A.600.420, a school district must expel a student for no less than one year if the district has determined that the student has carried or possessed a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. The superintendent or designee may modify the expulsion on a case-by-case basis. 

A school district may also suspend or expel a student for up to one year if the student acts with malice (as defined under RCW 9A.04.110) and displays an instrument that appears to be a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. These provisions do not apply to students while engaged in a district authorized military education; a district authorized firearms convention or safety course; or district authorized rifle competition. 

Except for a firearm violation under WAC 392-400-820, the district will not impose a long-term suspension or expulsion for any student in kindergarten through fourth grade. 

When a student is long-term suspended or expelled, the district will consider whether the student is currently eligible or might be deemed eligible for special education services. If so, the principal will notify relevant special education staff of the suspension or expulsion so that the district can ensure it follows policy and procedure 2161 – Special Education and Related Services for Eligible Students as well as this student discipline policy and procedure. 

Suspensions and Expulsions – Notice 

Following the initial hearing, the principal or designee will inform the student of the disciplinary decision regarding the behavioral violation, including the date when any suspension or expulsion will begin and end. 

No later than one school business day following the initial hearing with the student, the district will provide written notice of the suspension or expulsion to the student and parent/guardian in person, by mail, or by email in a language the students and parent/guardian will understand. The written notice must include: 

1. A description of the student's behavior and how the behavior violated the school district's policy; 
2. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 
3. An explanation of the district's decision to administer the suspension or expulsion; 
4. The opportunity to receive educational services during the suspension or expulsion; 
5. The student's and parent/guardian’s right to an informal conference with the Principal or designee; 
6. The student's and parent/guardian’s right to appeal the suspension or expulsion, including where and to whom the appeal must be requested; and 
7. The opportunity for the student and parent/guardian to participate in a reengagement meeting. 

Emergency Removals – Conditions and Limitations 

The district may immediately remove a student from the student’s current school placement, subject to the following requirements: 

The district must have sufficient cause to believe that the students’ presence poses: 

1. An immediate and continuing danger to other students or school personnel; or 
2. An immediate and continuing threat of material and substantial disruption of the educational process. 

For purposes of determining sufficient cause for an emergency removal, the phrase “immediate and continuing threat of material and substantial disruption of the educational process” means the student’s behavior results in an extreme disruption of the educational process that creates a substantial barrier to the learning for other students across the school day. 

An emergency removal may not exceed ten consecutive school days. An emergency removal must end or be converted to another form of discipline within ten school days of its start. 

If the district converts an emergency removal to a suspension or expulsion, the district must (a) apply any day that the student was emergency removed before the conversion to the total length of the suspension or expulsion; and (b) provide the student and parent/guardian with notice and due process rights under WAC 392-400-430 through 392-400-480 appropriate to the new disciplinary action. 

All emergency removals, including the reason the student’s presence poses an immediate and continuing danger to other students or school personnel, must be reported to the Superintendent or designee within twenty-four hours after the start of the emergency removal. 

Emergency Removal – Notice 

After an emergency removal, the district must attempt to notify the student’s parent/guardian, as soon as reasonably possible, regarding the reason the district believes the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the education process. 

Within twenty-four hours after an emergency removal, the district will provide written notice to the student and parent/guardian in person, by mail, or by email. The written notice must include: 

1. The reason the student’s presence poses an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process; 
2. The duration and conditions of the emergency removal, including the date on which the emergency removal will begin and end; 
3. The opportunity to receive educational services during the emergency removal; 
4. The right to the student and parent/guardian to an informal conference with the principal or designee; and 
5. The right of the student and parent/guardian to appeal the emergency removal, including where and to whom the appeal must be requested. 

Optional Conference with Principal 

If the student or parent/guardian disagrees with the district’s decision to suspend, expel or emergency remove the student, the student or parent/guardian may request an informal conference with the Principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

The Principal or designee must hold the informal conference within three school business days after receiving the request, unless otherwise agreed to by the student and parent/guardian. 

During the informal conference, the Principal or designee must provide the student and the parent/guardian with the opportunity to: 

1. Share the student's perspective and explanation regarding the behavioral violation and the events that led to the exclusion; 
2. Confer with the principal or designee and school personnel involved in the incident that led to the exclusion. 

An informal conference will not limit the right of the student or parent/guardian to appeal the suspension, expulsion or emergency removal, participate in reengagement meeting as applicable, or petition for readmission. 

Adoption: