Equity in Student Discipline
Under state law, each school district and public charter school must at least annually review data on corrective and disciplinary actions taken against students within each school. Through this data review, each district and charter school must make sure that it is administering student discipline without discrimination. This data review and analysis must include, at a minimum, expulsions, emergency expulsions, short-term suspensions, and long-term suspensions disaggregated by sex, race, limited-English proficiency, and disability. WAC 392-190-048
The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ) issued guidance in January 2014 to assist public schools in meeting their obligations to administer student discipline without discrimination.
Federal guidance provides that the administration of student discipline can result in unlawful discrimination in two ways:
- If a student is subjected to different treatment based on their protected class, or
- If a policy or practice is neutral on its face and is administered in an evenhanded manner but has a disparate impact (i.e., a disproportionate and unjustified effect) on students of a particular protected class.
Under both inquiries, statistical analysis of the impact of discipline policies and practices on particular groups of students is an important indicator of equity in student discipline and civil rights compliance.
Laws & Regulations: Civil Rights
Federal Guidance on the Nondiscriminatory Administration of School Discipline
Chapter 28A.640 RCW (Sex Equity)
Chapter 28A.642 RCW (Nondiscrimination)
Chapter 392-190 WAC
OSPI Civil Rights Guidelines
Laws & Regulations: Due Process
Chapter 28A.600 RCW (Students)
Chapter 392-400 WAC (Student Discipline)
Monitoring & Complaints
Consolidated Program Review
Discrimination Dispute Resolution Options