Student Discipline

New Student Discipline Rules | Chapter 392-400 WAC

Following nearly two years of study, stakeholder engagement, and formal rulemaking, the Office of Superintendent of Public Instruction (OSPI) adopted final rules that comprehensively revise Chapter 392-400 of the Washington Administrative Code (WAC). This chapter provides rules for how a public school district may administer student discipline, including notice for parents and guardians as well as due process protections for students who are suspended or expelled.

OSPI substantially revised the state’s student discipline rules for the purpose of improving the clarity and readability of the rules, clarifying requirements in House Bill 1541 (2016), and increasing opportunities for families to participate in the development of discipline policies and in resolving discipline-related issues. After three public comment periods, including eight public hearings held around the state, OSPI adopted the final student discipline rules on July 30, 2018.

Final rules

2018–19 PDF Version | 2019–20 PDF Version

Concise Explanatory Statement Note: The Concise Explanatory Statement (1) identifies OSPI's reasons for adopting the rule, (2) describes differences between the text of the proposed rule and the text of the rule as adopted, and (3) summarizes all comments received regarding the proposed rule and the agency's response to comments, including how the final rule reflects consideration of the comments.

Effective dates

In order to provide ample time for school districts to implement new due process procedures, train school personnel, and engage with parents and guardians, teachers, and communities to develop appropriate local student discipline policies, OSPI adopted the following effective dates:

The following rules remain effective, as amended, for the 2018–19 school year only:

  • WAC 392-400-225 (School district rules defining misconduct—Distribution of rules)
  • WAC 392-400-230 (Persons authorized to impose discipline, suspension, or expulsion upon students)
  • WAC 392-400-233 (Absences, tardiness, and school meals)
  • WAC 392-400-235 through 392-400-285 (Discipline, short-term and long-term suspensions, and expulsions)
  • WAC 392-400-295 through 392-400-305 (Emergency expulsions)
  • WAC 392-400-310 through 392-400-320 (Long-term suspension and expulsion appeals)
  • WAC 392-400-410 (Appeal for extension of an expulsion)

The following rules are effective starting in the 2018–19 school year:

  • WAC 392-400-010 (Purpose)
  • WAC 392-400-015 (Authority)
  • WAC 392-400-020 (Application)
  • WAC 392-400-023 (Definitions)
  • WAC 392-400-330 and 392-400-335 (Classroom exclusions)
  • WAC 392-400-610 (Educational services)
  • WAC 392-400-710 (Reengagement)
  • WAC 392-400-805 (Fundamental rights)
  • WAC 392-400-810 (Exceptions for the purposes of protecting victims)
  • WAC 392-400-815 (Behavior agreements)
  • WAC 392-400-820 (Firearm exceptions)
  • WAC 392-400-825 (Corporal punishment, restraint, and isolation)
  • WAC 392-400-830 (School meals)

The following rules will become effective starting in the 2019–20 school year:

  • WAC 392-400-025 (Definitions)
  • WAC 392-400-110 (Discipline policies and procedures)
  • WAC 392-400-430 through 392-400-480 (Suspensions and expulsions)
  • WAC 392-400-510 through 392-400-530 (Emergency expulsions)

 

 

 

 

 

 

 

   Updated 9/17/2018

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