3241 (P) Form 1 - District Discipline Matrix

i ¹"Behavioral violation" refers to a student's behavior that violates Example District's discipline policy. In accordance with WAC 392-400-110(1)(a), Example District’s policies and procedures must clearly state the types of behaviors for which discipline—including other forms of discipline, classroom exclusion, suspension, and expulsion—may be administered. Note: The information and definitions for behavioral violations in this matrix that indicate long-term suspension or expulsion may be an option correspond with provisions under RCW 28A.600.015(6) as well as grade-level conditions and limitations under WAC 392-400-440(4) and WAC 392-400-445(4) regarding the types of behavioral violations for which a district may consider administering long-term suspension or expulsion. The information and definitions for behavioral violations in this matrix that indicate long-term suspension or expulsion is not an option are consistent with provisions under RCW 28A.600.015(6) as well as conditions and limitations under chapter 392-400 WAC and also include recommendations for when a district’s discipline policies and procedures may permit or prohibit the use of classroom exclusion, in-school suspension, or short-term suspension. While the information in this matrix is consistent with federal and state laws, districts must ensure the district’s discipline policies and procedures, including clearly defined behavioral violations, are developed with the participation of school personnel, students, parents, families, and the community consistent with WSSDA policy 3241 and WAC 392-400-110(2). State laws establish the minimum substantive and procedural due process requirements for student discipline in schools, but districts may adopt policies and procedures setting forth conditions and limitations that provide additional substantive and procedural protections for students.

ii ²Note, while this matrix organizes behavioral violations into severity levels that correlate with categories of potential responses intended to match the severity of behavior types, districts may also decide to organize behavioral violations so as to clearly delineate between minor versus major or classroom-managed versus office-managed behavioral violations. Within this matrix the Type One category provides examples of low-level behavioral violations that should be managed at the classroom level without resulting in the use of any exclusionary discipline practices and the Type Two category provides examples of some behavioral violations that may be office-managed without resulting in the use of suspension or expulsion. Regardless of how a district categorically labels behavioral violations under the Type Two through Type Five categories in this matrix, in accordance with WAC 392-400-430(2) the school district must consider the nature and circumstances of the behavioral violation when determining whether suspension or expulsion, and the length of the exclusion, is warranted.

iii ³“Best practices” refers to best practices and strategies the district identified that school personnel should administer before or instead of administering classroom exclusion, suspension, or expulsion to support students in meeting behavioral expectations in accordance with WAC 392-400-110(1)(e). Refer to “3241P Attachment B: Example District Continuum of Discipline Responses” for an example of how best practices and strategies may be embedded in discipline procedures across severity levels of behavioral violations at the classroom and administrative levels in a manner that corresponds with this matrix.

iv ⁴Note, the information under this column represents a limited list of school referrals or protocols that may be required under corresponding district policies and is not to be interpreted as comprehensive. Districts should adapt the information as necessary in accordance with federal and state laws.

v ⁵“Firearm” refers to behavioral violations that meet the definition of offenses requiring a mandatory one-year expulsion under the Gun-Free Schools Act; WAC 392-400-820(1); RCW 28A.600.420(1).

vi ⁶“School-based threat assessment referral” refers to policies and procedures under WSSDA policies 3225 and 3225P.

vii ⁷“Assault – II” refers to behavioral violations that meet the definition of an offense under RCW 9A.36.011 or RCW 9A.36.021—which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.

viii ⁸“Sexual assault” refers to behavioral violations that meet the definition of certain sex offenses under RCW 9.94A.030(47).

ix ⁹“Title IX Coordinator referral” refers to the school district personnel designated to coordinate the district’s compliance with Title IX of the Education Amendments of 1972, as well as state civil rights requirements regarding sex discrimination and sexual harassment under chapters 28A.640 RCW and 392-190 WAC.

x ¹⁰“Illicit drug distribution” refers to behavioral violations that meet the definition of delivery of controlled substances, excluding marijuana, under chapter 69.50 RCW.

xi ¹¹“Prevention/intervention referral” refers to substance use prevention and intervention personnel or services available to the district, which may also include Student Assistance Program or other behavioral health supports at the district or community level.

xii ¹²“Possession of a weapon” refers to behavioral violations that meet the definition of an offense under RCW 9.41.280.

xiii ¹³“Robbery” refers to behavioral violations that meet the definition of an offense under RCW 9A.56.190 and RCW 9A.56.200 or RCW 9A.56.210.

xiv ¹⁴“Assault of teacher” refers to behavioral violations that meet the definition of an offense directed toward a teacher under WAC 392-400-810(1) and RCW 28A.600.460(2)—which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.

xv ¹⁵RCW 28A.600.460(2) provides that a student who commits an offense under that statutory provision “when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned.”

xvi ¹⁶“Arson” refers to behavioral violations that meet the definition of an offense under RCW 9A.48.020 or RCW 9A.48.030.

xvii ¹⁷“Safety – II“ refers to behavioral violations that meet the definition of “Behavior that adversely impacts the health or safety of other students or educational staff” under RCW 28A.600.015(6)(d) and meets the criteria for administering expulsion under WAC 392-400-445(2) but that does not constitute a Type Five behavioral violation under any other category.

xviii ¹⁸“Assault – I” refers to behavioral violations involving an assault upon another person that do not meet the definition of an offense under RCW 9A.36.011 or RCW 9A.36.021.

xix ¹⁹“Fighting with major injury” refers to behavioral violations involving mutual participation in physical violence where there is injury that meets the definition of “substantial bodily harm” or “great bodily harm” under RCW 9A.04.110(4)—which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.

xx ²⁰“Sexual harassment” refers to behavioral violations that meet the definition of an offense under RCW 28A.640.020(2)(f) and WAC 392-190-056.

xxi ²¹“Discriminatory harassment” refers to behavioral violations constituting conduct or communication that is intended to be harmful, humiliating, or physically threatening, and shows hostility toward a person or persons based on their real or perceived sex, race, creed, religion, color, national origin, sexual orientation, gender identity, gender expression, veteran or military status, disability, or use of a trained dog guide or service animal in violation of district policy.

xxii ²²“Civil Rights Coordinator referral” refers to the school district personnel designated to be responsible for monitoring and coordinating the district’s compliance with state nondiscrimination laws under chapters 28A.640 and 28A.642 RCW, and chapter 392-190 WAC.

xxiii ²³“Malicious harassment” refers to behavioral violations that meet the definition of an offense under RCW 9A.46.020(1).

xxiv ²⁴“Marijuana distribution” refers to behavioral violations that meet the definition of delivery of marijuana-related controlled substances under chapter 69.50 RCW.

xxv ²⁵“Alcohol distribution” refers to behavioral violations involving the transportation, delivery or distribution of alcohol in violation of district policy.

xxvi ²⁶“Tobacco distribution” refers to behavioral violations involving the transportation, distribution, or delivery of tobacco products in violation of district policy, including violations of the district’s policy prohibiting the use of tobacco products on school property adopted in accordance with RCW 28A.210.310.

xxvii ²⁷“Gang intimidation or activity” refers to behavioral violations that meet the definition of an offense under RCW 9A.46.120 or RCW 28A.600.455. The district may only consider administering long-term suspension or expulsion in response to two or more behavioral violations within a three-year period.

xxviii ²⁸“Safety – I“ refers to behavioral violations that meet the definition of “Behavior that adversely impacts the health or safety of other students or educational staff” under RCW 28A.600.015(6)(d) and meets the criteria for administering long-term suspension under subsections (a) and (b)(ii) of WAC 392-400-440(2) but that cannot be categorized under any other Type Four behavioral violations.

xxix ²⁹“Bullying“ refers to behavioral violations constituting intentional, unwanted, aggressive behavior that (1) involves a real or perceived power imbalance, and (2) is repeated, or has the potential to be repeated, over time, and (3) meets the criteria under RCW 28A.600.477(5)(b)(i)—excluding Type Four behavioral violations that constitute sexual harassment, discriminatory harassment, and malicious harassment.

xxx ³⁰“HIB Compliance Officer referral” refers to the school district personnel designated as the primary contact for harassment, intimidation, and bullying (HIB) policies and procedures in accordance with RCW 29A.600.477—which may coincide with other responses such as a school-based threat assessment referral.

xxxi ³¹“Fighting without major injury” refers to behavioral violations involving mutual participation in physical violence where there is no injury that meets the definition of “substantial bodily harm” or “great bodily harm” under RCW 9A.04.110(4).

xxxii ³²“Illicit drug possession or use” refers to behavioral violations that meet the definition of possession of controlled substances, excluding marijuana, under Chapter 69.50 RCW.

xxxiii ³³“Marijuana possession or use” refers to behavioral violations that meet the definition of possession of marijuana-related controlled substances under chapter 69.50 RCW.

xxxiv ³⁴“Alcohol possession or use” refers to behavioral violations involving the possession or consumption of alcohol in violation of district policy.

xxxv ³⁵“Tobacco possession or use” refers to behavioral violations involving the possession or consumption of tobacco products in violation of district policy, including violations of the district’s policy prohibiting the use of tobacco products on school property adopted in accordance with RCW 28A.210.310.

xxxvi ³⁶“Theft” refers to behavioral violations involving the taking or knowingly being in possession of stolen district property or property of others without permission in violation of district policy.

xxxvii ³⁷“Other – III“ refers to behavioral violations not amounting to a Type Four behavioral violation but that cannot be categorized under any other Type Three behavioral violations. Districts should make every attempt to develop precise definitions for common behavioral violations to avoid using the vague, subjective, and arbitrary category of “other” within any severity level.

xxxviii ³⁸“Destruction of property” refers to behavioral violations involving intentional damage of school property or the property of others that meet the definition of violations under RCW 28A.635.060. The district may only consider administering long-term suspension or expulsion in response to two or more behavioral violations within a three-year period.

xxxix ³⁹“Physical aggression” refers to behavioral violations involving a student engaging in physical contact where a minor injury may occur (e.g. hitting, kicking, slapping, hair pulling, scratching, etc.) in violation of district policy.

xl ⁴⁰“Failure to cooperate” refers to behavioral violations involving repeated failure to comply with or follow reasonable and lawful directions or requests by school personnel in violation of district policy.

xli ⁴¹“Sexually inappropriate conduct” refers to behavioral violations involving obscene acts or expressions, whether verbal or non-verbal, in violation of district policy.

xlii ⁴²“Disruptive conduct – II” refers to behavioral violations involving actions that materially and substantially interfere with the educational process in violation of district policy.

xliii ⁴³“Other – II“ refers to behavioral violations not amounting to a Type Three behavioral violation but that cannot be categorized under any other Type Two behavioral violations. Districts should make every attempt to develop precise definitions for common behavioral violations to avoid using the vague, subjective, and arbitrary category of “other” within any severity level.

xliv ⁴⁴“Disruptive conduct – I” refers to behavioral violations involving low-intensity actions that may briefly interrupt learning activities in violation of district policy.

xlv ⁴⁵“Dress code” refers to behavioral violations involving a student wearing clothing that is not within the dress code guidelines defined by the district. Dress code and grooming policies may not discriminate on the basis of a protected class under chapters 28A.640 or 28A.642 RCW, including sex, race, color, religion, creed, national origin, sexual orientation, gender identity, gender expression, and disability. Dress codes and grooming policies should be based on educationally relevant considerations, apply consistently to all students, include consistent discipline for violations, and make reasonable accommodations when the situation requires an exception. Dress codes should be gender neutral to avoid discrimination on the basis of sex, gender identity, or gender expression. A school district may not discriminate against students who have hairstyles or hair texture that is historically associated or perceived to be associated with race, including “protective hairstyles” such as afros, braids, locks, and twists.

xlvi ⁴⁶“Physical contact” refers to behavioral violations involving innocuous and non-threatening but inappropriate physical conduct in violation of district policy.

xlvii ⁴⁷“Defiance” refers to behavioral violations involving brief or harmless failure to follow reasonable and lawful directions or requests by school personnel in violation of district policy.

xlviii ⁴⁸“Disrespect” refers to behavioral violations involving minor dismissive or rude acts or expressions, whether verbal or nonverbal, in violation of district policy.

xlix ⁴⁹“Academic dishonesty/plagiarism” refers to behavioral violations involving knowingly submitting the work of others as one’s own or assisting another student in doing so or using unauthorized sources in violation of district policy.

l ⁵⁰“Property misuse” refers to behavioral violations involving brief or low-intensity misuse of district property or property of others in violation of district policy.

li ⁵¹“Inappropriate language” refers to behavioral violations involving non-threatening or unintentional use of inappropriate language in violation of district policy.

lii ⁵²“Other – I“ refers to behavioral violations not amounting to a Type Two behavioral violation but that cannot be categorized under any other Type One behavioral violations. Districts should make every attempt to develop precise definitions for common behavioral violations to avoid using the vague, subjective, and arbitrary category of “other” within any severity level.