Discipline Changes & Promising Practices ESSB 5946

Agenda Welcome and introductions Intro: Innovations to Alternatives to Suspension Award Keynote: 5/20: Dr. Susan Enfield, Superintendent HSD 6/1: Alisha Nosworthy, Principal EB Walker HS in Puyallup Overview of ESSB 5946 Discipline Changes Breakouts Policy in Room B Due Process in Room C Reengagement Meetings Room A

Innovations in Alternatives To Suspension Award

Student Discipline: Understanding the Context How many students are suspended or expelled? Who is suspended or expelled? For what behaviors? Retrieved from

How many students are suspended or expelled? Approximately 4% of all Washington students were suspended or expelled during the 2014–15 school year. The rate of suspensions and expulsions across districts vary—from nearly 0% to over 10% of students in a district. Retrieved from

Suspension / Expulsion Rate 100 students in the district 20 were suspended one or more times Suspension Rate 20 students suspended 100 total students = 20% An example: Retrieved from

Who is most frequently suspended or expelled? Male students Students of color- consistent among African American, Latino & Native American Students with disabilities Adapted from

Retrieved from

Adapted from State Average

Retrieved from

Adapted from State Average

Retrieved from

Adapted from State Average

Retrieved from

State Average

Measuring Disproportionality: Composition Index % of group in all suspensions % of group of entire population =

100 students in the district 40% are boys 80% of suspensions are boys S SS S S An example: S SS S S S S S S SS S S S S Boys are 80% of suspensions Boys are 40% of student enrollment = 2 The percentage of suspensions who are boys is 2 times greater than their percentage in the student population. Retrieved from

The closer the composition index is to one, the more proportionate the discipline rate is for that specific group. Numbers greater than one indicate the group makes up more of the suspensions/expulsions than their representation in the population generally. Measuring Disproportionality: Composition Index Retrieved from

Are we giving each student an equal chance to succeed? Retrieved from

Constructive Discipline Keeping Students on a Path to Graduation Susan Enfield, Superintendent May 20, 2015

27

Why Is This Important? For the class of 2014, students with zero out-of-school suspensions had a graduation rate of 71% But students with just one out-of-school suspension had a graduation rate of only 46% 29

Laws & Rules Student discipline is governed by state laws and rules Grievance and appeal rights No specific consequences for specific actions (weapons are an exception) Districts have discretion over: Specific offenses that warrant discipline Type of discipline or consequence imposed Number of days a student is out of school 30

Laws & Rules It comes down to this: A district can make different choices and keep students in school. 31

Past Practice Rules focused on punishment, not diagnosis and intervention Over time, more than 90% of HPS ‘offenses’ were eligible for first time suspension. Highline’s disciplinary practices resulted in more than 3100 suspensions in the school year 32

Current Shifts in Practice Change the policies, procedures and practices Change experiences Change beliefs Change culture 33

The Steps We Took The cross departmental team developed a new set of “Rights & Responsibilities” for: Principals Staff Families Students PBIS plans were developed at each school, and in-school- suspension supports provided at secondary schools. Adopted new policies and procedures. 34

* number is a projection based on having 65% as many suspensions and expulsions as of as compared to

Seeing Beyond the Numbers We reduced the number of suspensions and eliminated suspension as a consequence for lesser offenses : Top Reason for Suspension - Defiance : Top Reason for Suspension - Marijuana We are keeping students in school after minor offenses and focusing on the major ones 38

: Out of School Suspensions and Expulsions by Offense 39

: Out of School Suspensions and Expulsions by Offense through April 3 40

K-12 Student Discipline Jess Lewis Program Supervisor, Behavior, RTL, and K-12 Discipline

Change is Afoot 1. Office of Civil Rights guidance regarding discipline inequities and disproportionality 2. OSPI begins collecting disaggregated discipline data 3. Engrossed Substitute Senate Bill 5946 Discipline Taskforce Chapter WAC Rule Change

USDE: Dear Colleague Letter Prohibition of Discrimination Different treatment based on the student’s protected class Adverse Discriminatory Impact A policy may be neutral on its face, and is administered in an even-handed manner but has a disparate impact

Enforcement: A Shift in Thinking USDE (OCR) will now look carefully at: Definitions of misconduct to ensure they are clear and nondiscriminatory The extent to which disciplinary criteria and referrals are made for offenses that are subjectively defined Whether there are safeguards to ensure that discretion is exercised in a nondiscriminatory manner

Data: Washington State 101,364 total incidents reported in

Behaviors

“Other” Behavior Percent of Suspensions or Expulsions for “Other” Behavior

ESSB 5946: Strengthening Student Educational Outcomes – Section 300 Establishes the Discipline Task Force Changes due process for suspensions and expulsions Gives OSPI authority to write rules

Discipline Taskforce Duties Developed standard definitions for discretionary discipline categories Developed data collection standards for disciplinary actions Education services provided while a student is subject to a disciplinary action The status of petitions for readmission to the school district when a student has been excluded from school Credit retrieval during a period of exclusion School dropout as a result of disciplinary action

Discipline Data RCW 28A (5) School districts must collect and report student level data that OSPI's data governance has included in CEDARS regarding student discipline. "All school districts must collect data on disciplinary actions taken in each school and must record these actions using the statewide student data system, based on the data collection standards established by the office of the superintendent of public instruction and the K-12 data governance group..." [2013 2nd sp.s. c 18 § 305; 1997 c 266 § 9.]

Discipline and Equity 1. At least annually, school districts and public charter school must review disaggregated data on corrective and disciplinary actions taken against students within each school. 2. This review must include, but is not limited to, short-term suspensions, long-term suspensions, expulsions, and emergency expulsions. 3. Each school district or public charter school must determine whether it has disciplined or applied corrective action to a substantially disproportionate number of students within any of the disaggregated categories. 4. If a school district or public charter school finds that it has disciplined or applied corrective action to a substantially disproportionate number of students who are members of one of the categories, the school district or charter school must take prompt action to ensure that the disproportion is not the result of discrimination. [Statutory Authority: RCW 28A and 28A WSR , § , filed 11/18/14, effective 12/19/14.]28A

Defined Behaviors Failure to Cooperate Disruptive Conduct Destruction of Property/Vandalism Sexually inappropriate conduct Theft, possession of stolen property Academic dishonesty/plagiarism Multiple/ Accumulated Offenses Sexual Harassment Discriminatory Harassment Bullying

Data Elements

What’s Next? OSPI and the K-12 data governance group shall: Revise the statewide student data system to incorporate the changes in student discipline data collection standards. Begin collecting data based on the revised standards in the school year.

Chapter WAC OSPI opened 25 WACs Struck “punishment” throughout the chapter Revised civil rights protections Added and revised due process protections Moved “truancy” and “non-attendance” to a new section Added reengagement meetings and reengagement plans Public Hearing was held May 5, public comments Concise Explanatory Statement Final rules filed on July 23, 2014 Rules went into effect August 23, 2014

Due Process Changes All emergency expulsions must be converted to another form of corrective action within 10 school days of the emergency expulsion. No suspensions or expulsions may be for an indefinite period of time. Suspensions and expulsions that last more than 10 days must have an end date no later than one calendar year from the Time of the suspension or expulsion. Notice and due process rights are provided when the emergency expulsion is converted to another form of corrective action.

Reengagement Meetings Schools should make efforts to have suspended or expelled students return to an educational setting as soon as possible. Schools must convene a meeting with the student and their parent and/or guardians within 20 days of the student’s long-term suspension or expulsion, but no later than 5 days before the students return/enrollment.

Reengagement Plans School districts MUST: Create a reengagement plan that is tailored to the student’s individual circumstances, including the incident that led to their 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 School districts should consider: Shortening the length of time that 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

Resources Student Discipline, OSPI Equity and Civil Rights, OSPI Office of Civil Rights, US Department of Education Learning Assistance Program, OSPI

Q & A

Breakouts (2:45-4:00*pm) Policy in Cedar Due Process in Duwamish Reengagement Meetings in Hemlock (2 nd floor) *Remember to do your evaluations & turn in clock hour forms

Break