5244-S2.E AMH ED H2164.2

E2SSB 5244  - H COMM AMD
     By Committee on Education

NOT CONSIDERED

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) The office of the superintendent of public instruction shall convene a discipline task force to develop standard definitions for causes of student disciplinary actions taken at the discretion of the school district. The task force must also develop data collection standards for disciplinary actions that are discretionary and for disciplinary actions that result in the exclusion of a student from school. The data collection standards must include data about 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, and school dropout as a result of disciplinary action.
     (2) The discipline task force shall include representatives from the K-12 data governance group, the educational opportunity gap oversight and accountability committee, the state ethnic commissions, the governor's office of Indian affairs, the office of the education ombudsman, school districts, and other education and advocacy organizations.
     (3) The office of the superintendent of public instruction and the K-12 data governance group shall revise the statewide student data system to incorporate the student discipline data collection standards recommended by the discipline task force, and begin collecting data based on the revised standards in the 2015-16 school year.

Sec. 2   RCW 28A.600.015 and 2006 c 263 s 701 are each amended to read as follows:
     (1) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion. A suspension or expulsion of a student may not be for an indefinite period of time, and a school district may not suspend the provision of educational services to a student as a disciplinary measure.
     (2) Short-term suspension procedures may be used for suspensions of students up to and including, ten consecutive school days.
     (3) Emergency expulsions must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided to students when an emergency expulsion is converted to another form of corrective action.
     (4) A school district may not impose a disciplinary action that results in the suspension of educational services to a student. A student may be excluded from a particular classroom or instructional or activity area for the period of suspension, but the school district must provide an opportunity for the student to receive educational services in an alternative manner, which may include services provided through an alternative program, at an alternative school, or at an alternative location within the student's regular school.

Sec. 3   RCW 28A.600.020 and 2006 c 263 s 706 are each amended to read as follows:
     (1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.
     (2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area 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. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred.
     (3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of ((parents)) families and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the ((parent)) family or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students. The procedures must be consistent with the rules of the superintendent of public instruction and must provide for early involvement of ((parents)) families in attempts to improve the student's behavior.
     (4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.
     (5)(a) A principal ((shall)) may consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27, 1997:
     (((a))) (i) Engages in two or more violations within a three-year period of RCW 9A.46.120, 28A.320.135, 28A.600.455, 28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060, or 9.41.280((, or 28A.320.140)); or
     (((b))) (ii) Engages in one or more of the offenses listed in RCW 13.04.155.
     (b) The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action.
     (6) Any corrective action involving a suspension or expulsion from school for more than ten days must have an end date no later than the end of the academic term in which the student exhibited behavior leading to a corrective action. In consultation with families and guardians of students subject to corrective action, school districts shall make reasonable efforts to assist students in returning to an educational setting prior to and no later than the end date of the corrective action. Where warranted based on public health or safety, a school district may petition the superintendent of public instruction, pursuant to policies and procedures adopted by the superintendent of public instruction, for authorization to exceed the academic term limitation provided in this subsection. The superintendent of public instruction shall adopt rules outlining the limited circumstances in which a school district may petition the superintendent of public instruction to exceed the academic term limitation, including safeguards to ensure that the district has made every effort to plan for the student's return to school and that the student's extended expulsion from the district does not impair the student's constitutional right to education. In adopting rules and reviewing petitions to exceed the academic term limitation, the superintendent of public instruction must assure that students receive educational services while serving a suspension or expulsion. A petition to exceed the academic term limitation shall not be granted by the superintendent of public instruction if a school district does not provide educational services to a student serving a suspension or expulsion.
     (7) As provided in RCW 28A.600.015, a school district may not impose disciplinary action that results in the suspension of educational services to a student.

Sec. 4   RCW 28A.600.410 and 1992 c 155 s 1 are each amended to read as follows:
     It is the intent of the legislature to minimize the use of out-of-school suspension and expulsion and its impact on student achievement by reducing the number of days that students are excluded from school due to disciplinary action. Student discipline should not impair a student's constitutional right to education.
     School districts are encouraged to find alternatives to suspension including reducing the length of a student's suspension conditioned by the commencement of counseling or other treatment services. Consistent with current law, the conditioning of a student's suspension does not obligate the school district to pay for the counseling or other treatment services except for those stipulated and agreed to by the district at the inception of the suspension.

Sec. 5   RCW 28A.600.460 and 1997 c 266 s 9 are each amended to read as follows:
     (1) School district boards of directors shall adopt policies that restore discipline to the classroom. Such policies must provide for at least the following: Allowing each teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process. 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.
     (2) A student committing an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned.
     (3) A student who commits an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled. A student who commits an offense under one of the chapters enumerated in this section against a student or another school employee, may be expelled or suspended.
     (4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior. However, as provided in RCW 28A.600.015, a school district may not impose disciplinary action that results in the suspension of educational services to a student.
     (5) All school districts must collect data on disciplinary actions taken in each school and must record such 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. The information shall be made available to the public upon request((. This collection of)), but any public release of such data shall not include personally identifiable information including, but not limited to, a student's social security number, name, or address.

Sec. 6   RCW 43.41.400 and 2012 c 229 s 585 are each amended to read as follows:
     (1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative evaluation and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of early learning, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the student achievement council, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.
     (2) The education data center shall:
     (a) In consultation with the legislative evaluation and accountability program committee and the agencies and organizations participating in the education data center, identify the critical research and policy questions that are intended to be addressed by the education data center and the data needed to address the questions;
     (b) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;
     (c) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;
     (d) Annually provide to the K-12 data governance group a list of data elements and data quality improvements that are necessary to answer the research and policy questions identified by the education data center and have been identified by the legislative committees in (c) of this subsection. Within three months of receiving the list, the K-12 data governance group shall develop and transmit to the education data center a feasibility analysis of obtaining or improving the data, including the steps required, estimated time frame, and the financial and other resources that would be required. Based on the analysis, the education data center shall submit, if necessary, a recommendation to the legislature regarding any statutory changes or resources that would be needed to collect or improve the data;
     (e) Monitor and evaluate the education data collection systems of the organizations and agencies represented in the education data center ensuring that data systems are flexible, able to adapt to evolving needs for information, and to the extent feasible and necessary, include data that are needed to conduct the analyses and provide answers to the research and policy questions identified in (a) of this subsection;
     (f) Track enrollment and outcomes through the public centralized higher education enrollment system;
     (g) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs;
     (h) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system; ((and))
     (i) Prepare a regular report on the educational and workforce outcomes of youth in the juvenile justice system, using data disaggregated according to RCW 28A.300.042, and by age; and
     (j)
Make recommendations to the legislature as necessary to help ensure the goals and objectives of this section and RCW 28A.655.210 and 28A.300.507 are met.
     (3) The department of early learning, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, student achievement council, public four-year institutions of higher education, department of social and health services, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. The education data center shall also develop data-sharing and research agreements with the administrative office of the courts to conduct research on educational and workforce outcomes using data maintained under RCW 13.50.010(11) related to juveniles. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.

NEW SECTION.  Sec. 7   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) School districts should make efforts to have suspended or expelled students return to the educational setting they were suspended or expelled from as soon as possible. School districts should convene a school reenrollment meeting with the student and the student's family or guardians within twenty days of the student's long-term suspension or expulsion, but no later than five days before the student's enrollment, to discuss a plan to reenroll and reengage the student in a school program.
     (2) In developing a reenrollment and reengagement plan, school districts should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action, and supportive interventions that aid in the student's academic success and keep the student engaged and on track to graduate. School districts must create a reenrollment and reengagement plan tailored to the student's individual circumstances, including consideration of the incident that led to the student's 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.
     (3) Any reenrollment meetings conducted by the school district involving the suspended or expelled student and his or her family or guardians are not intended to replace a petition for readmission.

NEW SECTION.  Sec. 8   Nothing in chapter . . ., Laws of 2013 (this act) prevents a public school district, law enforcement agencies, or law enforcement personnel from enforcing laws protecting health and human safety."

     Correct the title.

EFFECT:  Makes the following changes to the underlying bill:
     Replaces the data collection elements of the bill with the creation of a discipline task force that must develop standard definitions of student disciplinary actions and requires OSPI and the K-12 Data Governance Group to revise the statewide data system to incorporate student discipline data collection standards recommended by the task force and begin collecting that data in the 2015-16 school year.
     Prohibits school districts from suspending the provision of educational services to a student as a disciplinary measure or imposing a disciplinary action that results in the suspension of educational services.
     Requires that school districts provide an opportunity for a student to receive educational services in an alternative manner.
     Replaces the one year limitation for corrective actions with a requirement that corrective actions have an end date no later than the end of the academic term in which the student exhibited the behavior leading to a corrective action.
     Modifies the authority for OSPI to grant exemptions beyond the academic term limitation to require OSPI to adopt rules outlining the limited circumstances in which it will grant exemptions and assuring that students receive educational services.
     Prohibits OSPI from granting exemptions to the corrective action end date requirement unless school districts provided educational services during the suspension or expulsion.
     Replaces the term "reentry" with the term "reenrollment" when referring to plans and meetings between students serving corrective action, parents or guardians, and school districts.
     Removes the requirement that WSSDA develop a model policy for school districts to implement changes to suspension and expulsion policies.
     Modifies the requirement that principals must consider long-term suspension after students engage in certain behavior to provide that principals may consider long-term suspensions in those circumstances.
     Removes dress and grooming code violations from the list of laws which principals may consider imposing a long-term suspension for if a student violates two or more times in a three year period.
     Replaces the term parents with the term family or families as individuals that schools will involve to plan for student reenrollment with school programs.
     Adds to the duties of the Education Data Center a requirement that they prepare a regular report on the educational and workforce outcomes of youth in the juvenile justice system, using disaggregated data and also develop data-sharing and research agreements with the administrative office of the courts to conduct research on educational and workforce outcomes of the same youth.
     Specifies that school reenrollment meetings should occur no later than five days prior to a student's reenrollment.

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