School Reengagement in Response to Discipline Know Your Rights in Public Schools: School Discipline May 12, 2012 School Reengagement in Response to Discipline 1

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Know Your Rights in Public Schools: School Discipline May 12, 2012 Road Map School Discipline laws changed in 2016 Limits to Exclusions and Emphasis on Reengagement Practice with Reengagement Out of school discipline = STS (10 or less); LTS (more than 10); E (indefinite); EE (immediate, indefinite) Not detention, office referral, other stuff

3 Fundamental Things to Know About School Discipline Timelines to appeal school discipline are short. Students and parents must act quickly if they disagree with the discipline. Students always have the right to challenge punishment and tell their side of the story and a right to a hearing. Students have a right to education services during any suspension or expulsion and to participate in a reengagement meeting.

Forms of Corrective Action Discipline: All forms of corrective action other than suspension and expulsion Short term suspension: 10 days or less Long-term suspension: A suspension lasting longer than 10 days. Expulsion: Exclusion for a definite** period of time ending within one academic term. Emergency Expulsion: Immediate removal from school property, must be converted** to another form of corrective action within 10 school days. ** Indicates recent changes to the law Refer to Glossary in Manual

Know Your Rights in Public Schools: School Discipline May 12, 2012 Limits on Exclusion Long Term Suspensions and Expulsions cannot exceed the “length of an academic term.” Districts cannot use LTS or Expulsion as a form of “discretionary discipline.” Discretionary discipline means behavior that violates the rules of student conduct EXCEPT a list of explicit exceptions. Even for the list of exceptions, Districts should consider alternative actions before exclusion. Is set up for non-lawyers to be advocates at these hearings. If something feels unfair or not right, don’t worry about figuring out the exact legal problem – say why it feels unfair to you Typically, school’s lawyer would only be present if you are represented. Parameters of confronting school witnesses…

List of Explicit Exceptions Firearms prohibition; Certain violent offenses, sex offenses, offenses related to liquor, controlled substances, toxic inhalants, assault, kidnapping, harassment, and arson; Two or more violations within 3 years of gang activity, possession of dangerous weapon on school grounds, willfully disobeying administrators, or defacing or injuring school property; or Behavior that adversely impacts the health or safety of other students or educational staff.

Readmission Essentially an application to return to school Focus is not on what happened but on whether youth is ready to return to school Can make this request any time and repeatedly Each school district has different readmission procedures. Ask at the District. Opportunity to appeal to superior court within 30 days New law also requires schools to convene re-engagement meeting with suspended or expelled students to facilitate school reengagement. Spend time here Take them to the manual

Reengagement Meetings Districts MUST convene meeting - held within 20 days of imposition of LTS or Expulsion but no later than 5 days of the end of the discipline Districts SHOULD make efforts to have suspended or expelled student return to an educational setting as soon as possible Meeting is to discuss a plan to reengage the student in a school program These are not to take the place of readmission petitions More details to be developed in the regulations about these meetings. Some suggestions we are working on include: someone should be at the meeting who has the authority to modify the suspension or expulsion want the rules to encourage having the meetings early and often

Reengagement Plans In developing the plan, Districts should consider shortening the length of time 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

Reengagement Plans Districts must create a reengagement plan tailored to the student’s individual circumstances, including consideration of the incident that led to the student’s removal The plan should aid the student in taking the necessary steps to remedy the situation that led to the student’s removal Families must have access to, provide meaningful input on, and have the opportunity to participate in culturally sensitive and culturally responsive reengagement plan

Reengagement Plans Must Consider: Know Your Rights in Public Schools: School Discipline May 12, 2012 Reengagement Plans Must Consider: Shortening the length of the discipline Other forms of corrective action? Supportive interventions that aid in the student’s academic success  Keep the student engaged and on track to graduate  Tailored to the student’s individual circumstances Aid the student in taking the necessary steps to remedy the situation that led to the student’s discipline

Education Services All students who are suspended or expelled must receive education services as soon as reasonably possible Educational services provided in an alternative setting, should be comparable, equitable, and appropriate to the regular education

Troubleshooting Discipline Issues Act quickly - timelines are short and stakes are high Notices may be confusing, delayed or missing Schools may discourage pursuing a discipline hearing Suspensions and expulsions are only permitted for non-discretionary offenses Reengagement meetings are required for long-term suspension and expulsion All students should receive education services

Special Education and School Discipline Know Your Rights in Public Schools: School Discipline May 12, 2012 Special Education and School Discipline Students should not be punished for behavior that is the result of their disability, or a result of the IEP not being followed. Students with disabilities have the right to receive education even if they are expelled from school. The school administrator who is in charge of discipline may not know about the special needs of a particular student or the important steps that must be taken before imposing discipline.

Know Your Rights in Public Schools: School Discipline May 12, 2012 Resources TeamChild, Statewide Headquarters: (206) 322-2444 WAC Ch. 392-400: explains discipline procedures Office of the Education Ombudsman (OEO): resolves complaints, disputes, and problems between families and Washington State elementary and secondary public schools in all areas that affect student learning. Toll-free phone number: 866-297-2597, http://www.governor.wa.gov/oeo/default.asp Education Advocacy Manual in pdf: www.teamchild.org

Know Your Rights in Public Schools: School Discipline May 12, 2012 Thank You