Student Discipline

A school district’s discipline policies and procedures must ensure due process protections for students. Policies should provide a continuum of equitable, culturally responsive, instructional approaches to support students and all members of the school community in meeting behavioral expectations.

Educators, parents, students, and families can find information and resources on this site related to discipline laws, data, and training.

Chapter 392-400 Washington Administrative Code (WAC) Student Discipline Emergency Rules

Effective August 16, 2024, OSPI has adopted emergency rules for student discipline (updated September 2024). The emergency rules are effective immediately and the permanent rules are anticipated to be in effect by the 2025–26 school year.

September 2024 – Updated Guidance

Addendum to Bulletin 055-24 provides updated guidance on additional revisions to Chapter 392-400 WAC Student Discipline Emergency Rules.

August 16, 2024 – Initial Guidance

Bulletin 055-24 - Chapter 392-400 WAC Student Discipline provides guidance and supporting resources to identify the major changes from these revisions.

*Note: Initial guidance documents “Behavior and Discipline Key Values and Changes” and “Behavior and Discipline WAC Side-by-Side” were created to support initial implementation. Please refer to the revised documents for updated guidance.

Key changes to the rules:

  • Clarifies the definition of classroom exclusion.
  • Includes the definitions of discretionary and non-discretionary discipline from RCW 28A.600.015(6).
  • References RCWs related to professional standards of educator certification and renewal, Teacher and Principal Evaluation Criterion and Frameworks (TPEP), and Cultural Competency Diversity Equity and Inclusion Standards (CCDEI).
  • Requires school districts and school boards to revisit their district policies and procedures so that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.
  • Replaces “Emergency Expulsion” with “Emergency Removal” per RCW 28A.600.495.

Additional information on the full rulemaking process can be found at OSPI Rulemaking Activity.

 

Parent and Family Resources

OSPI Discipline in Schools: A Parent Guide-English | Arabic | Chinese | Korean | Punjabi | Russian | Somali | Spanish | Tagalog | Ukrainian | Vietnamese

Governor’s Office of the Education Ombuds (OEO) Discipline in Washington State K-12 Public Schools

A Handbook for Families- English | Spanish

Guidance for School Districts

Student Discipline Laws

School districts in Washington are required to develop discipline policies and procedures that are consistent with Federal and State laws. Washington discipline laws include statutes in the Revised Code of Washington (RCW) and rules in the Washington Administrative Code (WAC).

Washington State student discipline laws apply to all K–12 students. However, additional protections apply for students receiving special education services. For more information about special education discipline procedures, visit OSPI's Special Education Behavior and Discipline page.

In accordance with state law, school districts must adopt discipline policies and procedures consistent with the Office of Superintendent of Public Instruction’s (OSPI) discipline rules under chapter 392-400 WAC and the Washington State School Directors’ Association (WSSDA) model discipline policy established under RCW 28A.345.090.

  • Model Policy and Procedure 3241/3241P – Student Discipline, including the supplementary documents
  • 3241F1 – Example District Discipline Matrix and
  • 3241F2 – Example District Continuum of Discipline Responses, are publicly available on the Featured Policies page of WSSDA’s website.
Washington Administrative Code (WAC)

Chapter 392-400 WAC outlines due process procedures that school districts must follow when administering discipline.

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. This includes 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, OSPI adopted the final student discipline rules on July 30, 2018.

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.

Revised Code of Washington (RCW)

Chapter 28A.600 RCW includes several important statutes related to student discipline and other statutes contain provisions regarding discipline in schools.

School District Policies and Procedures

  • RCW 28A.600.010: Enforcement of rules of conduct-Due process guarantees-Computation of days for short-term and long-term suspensions.
  • RCW 28A.600.015: Expulsions and suspensions-Rules incorporating due process-Short-term and long-term suspensions-Emergency expulsions-Discretionary discipline.
  • RCW 28A.600.020: Exclusion of student from classroom-Written disciplinary procedures-Long-term suspension or expulsion.
  • RCW 28A.600.022: Suspended or expelled students-Reengagement plan.
  • RCW 28A.600.410: Alternatives to suspension-Encouraged.
  • RCW 28A.600.460: Classroom discipline-Policies-Classroom placement of student offenders-Data on disciplinary actions.
  • RCW 28A.320.211: Discipline policies, procedures, and rules-Dissemination of information-Use of disaggregated data-Review.
  • RCW 28A.345.090: Model school district discipline policies-Adoption and enforcement by school districts.

OSPI Rule Making Authority

  • RCW 28A.600.015: Expulsions and suspensions-Rules incorporating due process-Short-term and long-term suspensions-Emergency expulsions-Discretionary discipline.
  • RCW 28A.600.020: Exclusion of student from classroom-Written disciplinary procedures-Long-term suspension or expulsion.

Discipline Data

  • RCW 28A.600.460: Classroom discipline-Policies-Classroom placement of student offenders-Data on disciplinary actions.
  • RCW 28A.300.042: Collection and submittal of student-level data-Student data-related reports-Disaggregation of data by subgroups-Modification of statewide student data systems.
  • RCW 28A.300.046: "Student absence from school"-Rules-Collection of attendance and discipline data.
  • RCW 28A.320.211: Discipline policies, procedures, and rules-Dissemination of information-Use of disaggregated data-Review.

Student Discipline Data

School districts in Washington are required to collect student-level discipline data for state reporting and federal reporting purposes. School districts are also required to use disaggregated discipline data. OSPI is required to make disaggregated discipline data publicly available.

Student Discipline Data Information

School districts should regularly review discipline data to identify patterns and levels of disproportionality in discipline policy. School and district teams should integrate the use of data across multiple domains to guide:

  • equitable data-based decision-making regarding root cause analysis,
  • student interventions,
  • professional learning opportunities, &
  • practices, policies and systems change.

Reporting

Student Discipline Task Force

The task force developed standard definitions and data elements to revise the collection of student discipline data in the statewide Comprehensive Educational Data and Research System (CEDARS).

State Discipline Data Requirements

Washington discipline laws requires school districts to review disaggregated discipline data. It should be reviewed by student demographics and characteristics, behavior and exclusion categories, length of exclusions, etc. This should be done when developing and periodically reviewing the district’s discipline policies and procedures. It must include the participation of school personnel, students, parents, families, and the community to:

  • monitor the impact of the district’s discipline policies, procedures, and practices
  • update the district’s discipline policies and procedures to improve fairness and equity in the administration of discipline.

RCW 28A.600.460: Classroom discipline—Policies—Classroom placement of student offenders—Data on disciplinary actions.

RCW 28A.600.490: Discipline task force—Development of standard definitions—Development of data collection standards—Membership—Statewide student data system revision.

RCW 28A.300.042: Collection and submittal of student—level data—Student data—related reports—Disaggregation of data by subgroups—Modification of statewide student data systems.

RCW 28A.300.046: "Student absence from school"—Rules—Collection of attendance and discipline data.

RCW 28A.320.211: Discipline policies, procedures, and rules—Dissemination of information—Use of disaggregated data—Review

WAC 392-400-110(2): Discipline policies and procedures—Development and review

Washington civil rights laws require school districts to review disaggregated discipline data, including by race/ethnicity, to identify and address discrimination against students in protected classes identified in chapters 28A.640 and 28A.642 RCW. While the process districts adopt for using disaggregated discipline data under state discipline laws may also include reviewing data to prevent and address discrimination, districts must ensure they review disaggregated discipline data in accordance with WAC 392-190-048 at least annually. For information regarding civil rights laws and discipline, refer to Preventing and Addressing Discrimination in Student Discipline and contact OSPI’s Office of Equity and Civil Rights.

 

WAC 392-190-048: Access to course offerings—Student discipline and corrective action.

Federal Discipline Data Requirements

Under the Every Student Succeeds Act (ESSA), for school districts receiving Title I, Part A funds, the district’s plan must include how the district “will support efforts to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by […] subgroups of students” in accordance with Sec. 1112(b)(11).

Resources

Student Discipline Training

In accordance with RCW 28A.415.410, OSPI is developing a training program to support the implementation of discipline policies and procedures. Districts are strongly encouraged to provide OSPI’s training program to all staff who interact with students, particularly following any substantive changes to discipline policies and procedures. WAC 392-400-110(3) requires districts to ensure employees are knowledgeable of the district’s discipline policies and procedures.