WSR 16-22-072
[Filed November 1, 2016, 11:39 a.m.]
Subject of Possible Rule Making: Chapter 392-400 WAC regarding student discipline.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.600.015, 28A.600.020.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 28A.600.015 requires the office of superintendent of public instruction (OSPI) to adopt lawful and reasonable rules prescribing the substantive and procedural due process guarantees of students in public schools. These rules are found in chapter 392-400 WAC. OSPI is considering revising chapter 392-400 WAC to (1) align student discipline definitions with new requirements and statutory language in HB [4SHB] 1541; (2) clarify requirements in HB [4SHB] 1541, including specific guidance on the provision of educational services while a student is suspended or expelled; (3) implement external stakeholders' recommendations regarding student discipline due process guarantees; and (4) increase clarity and readability of the entire chapter.
OSPI anticipates that a thorough revision of the student discipline rules will, among other things, (1) simplify and clarify due process procedures for school districts, students, and families; (2) eliminate problems of interpretation and problems of practice that are a result of confusing or vague terminology; (3) encourage districts to address discipline-related issues at the lowest level possible while minimizing the use of exclusionary discipline practices; (4) provide districts and students support for reengagement plans; and (5) increase the likelihood that families, students, and community members will be engaged in decision-making processes related to student discipline.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There is potential for overlap with United States Department of Education regulations governing discipline of children with disabilities, 34 C.F.R. § 300.530-.536. The Department of Education also provides support, publishes guidance, and collects data about student discipline at the state level. Coordination will be achieved by reviewing agency regulations and guidance, as well as requesting agency support as needed to ensure consistency with federal regulations and agency legal positions.
Process for Developing New Rule: Early solicitation of public comments and recommendations regarding new or amended rules and consideration of the comments and recommendations in the course of drafting rules - including reconvening the student discipline task force to provide input rule revisions.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Joshua Lynch, Program Supervisor, Student Discipline, Behavior, and Readiness to Learn, (360) 725-6100,
November 1, 2016
Randy Dorn
State Superintendent
of Public Instruction