Comments submitted to OSPI on proposed discipline rules:
November 11, 2017
Dierk Meierbachtol, Chief Legal Officer
Office of Superintendent of Public Instruction
Office of Superintendent of Public Instruction
Re: Proposed Student Discipline Rules, Chapter 392-400
WAC
Dear Mr. Meierbachtol,
At The Arc of King County, we are concerned that language
used in 4SHB 1541 was changed during the rules making process, with
“alternative action” being replaced by “discipline.” Discipline, as commonly
defined in dictionaries and understood by students and families, means
“punishment.” “Punishment” is also a likely translation that non-English
proficient families would arrive at.
The language used in session law alerted families that there
are options to punishment that can be considered. Given the disproportionate
punishment of students receiving special education services, and the impact
alternative action such as de-escalation or positive behavior intervention and
support can have in preventing avoidable behavior situations, we think this
distinction is important and that language in rules should adhere to the
language legislators chose for session law.
Using the term “discipline” as a catchall for any district
response to behavioral violations is confusing and inadequate. “Action” is
broader and clarifies that schools choose how they will interact with students
who may not act or communicate in ways that educators expect, such as students
with adaptive or behavior differences due to disability or trauma.
We are concerned that families will not be aware of
optional, preventive actions, and will assume the practice of removing students
to isolated learning environments is the only option to suspension, thus
exacerbating the segregation students with developmental disabilities already
face.
Source citation:
4SHB 1541, Section 105
(7) Except as provided in RCW
28A.600.420, school districts are not required to impose long-term suspension
or expulsion for behavior that constitutes a violation or offense listed under
subsection (6)(a) through (d) of this section and should first consider alternative actions.
CITATION, Session law, http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/1541-S4.SL.pdf
Thank you for your consideration,
Ramona Hattendorf
Director of Advocacy, The Arc of King County
