SB 5155 — Concerning suspension and expulsion of kindergarten and early elementary school students.

S-1179.1SUBSTITUTES-0586.1SENATE SENATE BILL 5155State of Washington65th Legislature2017 Regular SessionBy Senate Early Learning & K-12 Education (originally sponsored by Senators Billig, Saldaña, Liias, Rolfes, Frockt, Takko, Darneille, Wellman, Kuderer, and Hasegawa)READHasegawaRead FIRSTfirst TIMEtime 02/16/17.AN01/13/17. ACT Relating to suspension and expulsion of students including kindergarten and early elementary school students;

Referred to Committee on Early Learning & K-12 Education.AN ACT Relating to suspension and expulsion of kindergarten and early elementary school students;

Notice and due process rights must be provided when an emergency expulsion is converted to another form of corrective action.(((4))) (6) School districts may not suspend or expel any student who is enrolled in grades kindergarten through two, except forwhen a violation of RCW 28A.600.420, and except that:(a) School districts may remove any student who is enrolled in grades kindergarten through two from school for the remaindersuspension of a school day if, after consulting with the student's parent or guardian and the student's teacher or teachers, the local superintendent or the local superintendent's designee determines that removal would facilitate the child's successful return to the classroom;(b) School districts may remove any student who is enrolledbased inon gradespossession kindergarten through two from school for the remainder of a schoolfirearm dayon and up to the end of the school daypremises the following day if, after consulting with the student's parent or guardiantransportation andas theprovided student'sin teacherRCW or28A.600.420. teachers, the local superintendent or the local superintendent's designee determines that removal is necessary to develop a plan to support the student's successful return to the classroom and:(i) The school takes significant steps to develop and implement a plan to support the student upon the student's return to school by the beginning of the first full day of the student's removal;

and(ii)School Thedistricts may remove any student who is enrolled in grades kindergarten through two from school discussesfor the planremainder withof a school day if the local superintendent or the local superintendent's designee has good and sufficient reason to believe that the student's parentpresence poses an immediate and continuing danger to students or guardian;(c)school Removalstaff ofor anyposes studentan whoimmediate isand enrolledcontinuing inthreat gradesof kindergartensubstantial throughdisruption twoof the educational process.(7) School districts may not beimpose punitivelong-term suspension or expulsion as a form of discretionary discipline.(((5))) (8) Any imposition of discretionary and maynondiscretionary bediscipline is subject to the bar on suspending the provision of educational services pursuant to subsection (((8))) (11) of this section.(((6))) (9) As used onlyin this chapter, "discretionary discipline" means a disciplinary action taken by a school district for thestudent purposesbehavior that violates rules of developingstudent andconduct implementingadopted by a planschool district board of directors under RCW 28A.600.010 and this section, but does not constitute action taken in response to supportany of the student;following:(a) A violation of RCW 28A.600.420;(b) An offense in RCW 13.04.155;(c) Two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period;

and(d)or(d) NoBehavior studentthat mayadversely beimpacts removedthe underhealth (a) or (b)safety of thisother subsectionstudents foror moreeducational thanstaff.(((7))) a(10) totalExcept ofas threeprovided schoolin daysRCW during28A.600.420, anyschool single semester or trimester.(7) School districts shallare recordnot datarequired onto removalimpose underlong-term subsectionsuspension (6)(a)or andexpulsion (b)for ofbehavior thisthat sectionconstitutes ina theviolation statewideor studentoffense datalisted system,under basedsubsection on(((6))) the(9)(a) datathrough collection(d) standards established by the office of thethis superintendentsection of public instruction and theshould K-12first dataconsider governancealternative group.(8)actions.(((8))) (11) School districts may not imposesuspend long-term suspension or expulsion as a form of discretionary discipline.(((5))) (9) Any imposition of discretionary and nondiscretionary discipline is subject to the bar on suspending the provision of educational services pursuant to subsection (((8))) (12) of this section.(((6))) (10) As used in this chapter, "discretionary discipline" means a disciplinary action taken by a school district for student behavioras that violates rules of student conduct adopted by a schooldisciplinary districtaction. board of directors under RCW 28A.600.010 and this section, but does not constitute action taken in response to any of the following:(a) A violation of RCW 28A.600.420;(b) An offense in RCW 13.04.155;(c) Two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period;

or(d)A Behaviorstudent thatmay adverselybe impactsexcluded thefrom healtha orparticular safetyclassroom ofor otherinstructional students or educationalactivity staff.(((7)))area (11)for Exceptthe asperiod providedof insuspension RCWor 28A.600.420,expulsion, but the school districtsdistrict aremust notprovide requiredan opportunity for a student to imposereceive long-termeducational services during a period of suspension or expulsionexpulsion.(((9))) (12) Nothing in this section creates any civil liability for behaviorschool thatdistricts, constitutesor creates a violationnew cause of action or offensenew listedtheory underof subsectionnegligence (((6)))against (10)(a)a throughschool (d)district board of thisdirectors, sectiona school district, or the state.Sec. 3.  RCW 28A.600.020 and should2016 firstc consider72 alternatives actions.(((8)))106 (12)are Schooleach districtsamended mayto notread suspendas follows:(1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the provisionoptimum learning atmosphere of educationalthe servicesclassroom is maintained, and that the highest consideration is given to athe judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.(2) Any student aswho creates a disruption of the educational process in violation of the building disciplinary action.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.

A student may be excluded from a particular classroom or instructional or activity area for the period of suspension or expulsion, but the school district must provide an opportunity for a student to receive educational services during a period of suspension or expulsion.(((9))) (13) Nothing in this section creates any civil liability for school districts, or creates a new cause of action or new theory of negligence against a school district board of directors, a school district, or the state.Sec. 3.  RCW 28A.600.020 and 2016 c 72 s 106 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.

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.(2) School districts are encouraged to implement evidence-based preventative,preventative restorative, or otherrestorative practicesprograms that support students in meeting behavioral expectations, and to train teachers, administrators, and student support staff as necessary to implement those practices.programs.

Evidence-based practicespreventative and restorative programs may include but are not limited to positive behavioral interventions and supports, trauma-informed approaches,schools, social and emotional learning, referral services, and restorative practices.Sec. 5.  RCW 28A.600.460 and 2013 2nd sp.s.

A student in grades three through twelve 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 in grades three through twelve for misconduct or criminal behavior.(5) All school districts must collect data on disciplinary actions taken in each school, including classroom or school removal, and must record these 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.