Tag: Discretionary Discipline

This article explains how school discipline can overlap with disability rights when behavior is connected to a student’s disability, trauma, or unmet support needs. It focuses on these practical questions:

• When should families ask for evaluation or behavior support?
• What counts as a removal from school?
• What must schools consider before relying on suspension, expulsion, shortened school days, or other removals?
• What rights do students and families have when they disagree with discipline decisions?

Students with disabilities have the right to the supports and services they need to learn and participate in school, a protection known as Free Appropriate Public Education (FAPE). Guidance from the Office for Civil Rights (OCR) explains that FAPE includes services, supports, and accommodations designed to meet a student’s individual needs, as well as training for school staff so they understand those needs and can effectively implement the student’s supports.

When behavior affects learning, participation, or access to instruction, schools should consider what additional supports, accommodations, services, instruction, or interventions may be needed. The goal is not simply to stop a behavior, but to understand what the behavior may be communicating and identify strategies that help the student succeed.

Behavior supports can take many forms, including:

• Accommodations
• Counseling or behavioral health services
• Social-emotional instruction
• Positive behavioral supports
• Changes to an Individualized Education Program (IEP) or Section 504 Plan
• Behavioral assessment and planning

Schools are required to provide education and support before resorting to discipline for children who struggle with behavior because of their impairments. According to OCR, individualized behavioral supports may include counseling, school social worker services, school-based mental health services, physical activity, and opportunities for a student to visit a counselor or behavioral coach when they need time and space to self-regulate. Counseling and other behavioral health supports can also be written into an IEP as related services when educationally necessary for FAPE.

An evaluation can be requested at any time if a disability may be affecting a child’s education. Schools also have a responsibility to evaluate when there is reason to suspect a disability is affecting learning, behavior, attendance, or participation in school.

An evaluation or school meeting may be helpful if:

• A student is frequently suspended.
• A student is often sent home because of behavior.
• Behavior is interfering with learning.
• Existing supports are not working.
• School staff report ongoing concerns.
• Instructional time is being lost because of behavior-related issues.

Section 504 does not limit the number of evaluations a student may reasonably request or receive. OCR guidance states that families may request an evaluation at any time and at public expense. Schools also have a responsibility to evaluate when there is reason to believe a disability is affecting a student’s education, known as Child Find.

A Functional Behavioral Assessment (FBA) is a type of evaluation used to better understand the reasons behind challenging behaviors and identify strategies that may help. An FBA is not required before asking for behavior supports. The IEP or 504 team can discuss behavior concerns, review existing supports, and consider changes to a student’s IEP, 504 Plan, or behavior supports at any time. PAVE offers a Sample Letter to Request a Functional Behavioral Assessment, available for download in multiple languages.

One type of behavior support is a Behavior Intervention Plan (BIP). A BIP is a working document that the school and family develop together and review regularly to help a student succeed at school. It focuses on positive supports, skill building, and encouragement rather than punishment.

A BIP may include strategies to:

• Teach new skills and replacement behaviors
• Increase positive supports and reinforcement
• Reduce barriers to learning and participation
• Prevent future challenges and escalation.

The information gathered through an FBA can be used to develop, review, or revise a BIP when current strategies are not meeting a student’s needs.

More information about participating in the FBA/BIP process is available in PAVE’s video training, Behavior and School: How to Participate in the FBA/BIP Process.

Washington’s student-discipline rules encourage schools to keep students connected to learning whenever possible and to use responses that are fair and consistent. In 2025, the Office of Superintendent of Public Instruction (OSPI) updated the student-discipline rules and added a definition for discretionary discipline, which refers to situations where school staff have flexibility in choosing how to respond to behavior. Rather than using the same consequence every time, staff may consider the circumstances before deciding on a response.

A student may be removed from a classroom, instructional area, or activity when behavior substantially disrupts learning or creates safety concerns. This type of action is often called a classroom exclusion (WAC 392-400) Time away from the classroom may last for the remainder of the school day, up to the following two school days, or until the teacher and principal (or designee) have met, whichever occurs first. If the exclusion extends beyond those limits, it may be considered a suspension and additional requirements may apply.

District policies must include procedures for informing parents when classroom exclusions occur. Notification must be provided in a language families can understand.

Questions to consider include:

• Why was the student removed?
• How long will the exclusion last?
• What support will help the student return successfully?
• How is the removal being documented?

Washington’s discipline rules also:

• Encourage schools to minimize suspensions and expulsions and focus on evidence-based approaches that keep students engaged in learning.
• Prohibit exclusion because of absences or tardiness.
• Require absences related to mental health to be excused.
• Limit exclusionary discipline for behaviors that do not present a safety threat.
• Require educational services during suspensions and expulsions.

Any disciplinary action that takes a student away from their regular educational placement can count as a removal from school.

Examples of removals include:

• Out-of-school suspension
• In-school suspension
• Expulsion
• Emergency removal
• Removal from class, activities, or part of the school day because of behavior

These actions are also referred to as exclusionary discipline because they remove a student from some or all of their educational program.

Repeated requests to pick up a student early can result in significant missed instruction. Understanding how these removals are affecting the student’s school day can start with a few key questions:

• How much instruction is my child missing?
• Are these removals being documented?
• Why is my child being removed instead of receiving additional support?
• Does my child need an evaluation, new accommodations, or additional services?

A shortened school day should not be an automatic response to behavior challenges. Before reducing a student’s school day, schools should consider whether additional supports, services, accommodations, instruction, or behavioral interventions could help the student participate successfully in a full day.

If the school reduces a student’s schedule because of behavior, the change could be considered a suspension. OCR’s guidance points out that a shortened school day is an example of a significant change of placement, and that placement changes require a re-evaluation process.

A student’s right to education does not end because of a disciplinary removal. Washington law requires schools to provide educational services during suspensions, expulsions, and emergency removals (WAC 392-400-610). Educational services should help students continue participating in the general education curriculum and making educational progress.

When a student is suspended or expelled, families have the right to ask how educational services will continue, including:

• What educational services will be provided?
• How will instruction be delivered?
• How will assignments be completed?
• Who should we contact with questions?
• How will progress be monitored?

Educational services provided in an alternative setting must enable the student to:

• Continue to participate in the general education curriculum
• Meet the educational standards established within the district
• Complete subject, grade-level, and graduation requirements.

Schools must report disciplinary and emergency removals to both the parent or guardian and the state. Written notice must include:

• A description of the student’s behavior and how it violated district discipline policy.
• The length of the suspension or expulsion.
• Information about educational services.
• Information about the right to request a conference.
• Information about appeal rights.

The school district must provide notice in a language the student and parent or guardian can understand, including interpretation or translation when needed (WAC 392-400-455). 

Families have the right to ask questions and request information when they disagree with disciplinary actions, evaluation decision, placement change, or denial of services.

Requests may include:

• Written notice explaining the decision
• School records related to the incident
• An evaluation or reevaluation
• An IEP or Section 504 meeting
• An FBA or BIP
• Information about educational services
• Information about available appeal or dispute-resolution options

Washington’s discipline rules include procedures for notice, conferences, review, and appeals. Students receiving special education services may also have additional protections when disciplinary removals become lengthy or repeated.

When families disagree with decisions about evaluation, services, placement, or discipline, federal and state laws provide rights and dispute-resolution options. PAVE’s articles on dispute resolution and procedural safeguards offer practical guidance for understanding available options and next steps.

If a concern involves disability discrimination, an Office for Civil Rights (OCR) complaint may also be an option.

The Governor’s Office of the Education Ombuds (OEO) provides information about Discipline, Suspensions, and Expulsions, and options for resolving concerns when families disagree with school decisions.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. OSPI’s Model Forms for Services to Students in Special Education webpage has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more, including:

• Functional Behavioral Assessment
• Behavior Intervention Plan

PAVE provides a Behavioral Health Toolkit that includes a video to support development of a Behavior Intervention Plan (BIP).

The Office of Special Education Programs (OSEP) issued guidance in July 2022 that describes federal work underway to improve behavioral supports and reduce disciplinary removal of students receiving special education services. OSEP’s Dear Colleague Letter includes links to a Q and A document about disciplinary requirements and A Guide for Stakeholders.