For purposes of school discipline, “arson” means any intentional or reckless setting of a fire or other burning of personal or public property. “Reckless” means that the student understood, but acted with disregard for, the consequences of his or her conduct.

For purposes of school discipline, “assault” means actual or attempted hitting, striking or other wrongful physical contact inflicted on another either directly or indirectly through an object. This includes non-consensual sexual assault on school grounds or at school activities. See also Verbal Threats of Violence.

It is expected that a student must always first retreat from any threat of harm and/or contact an adult staff member for assistance before engaging in any type of physical response to an assault. However, an administrator may decide not to subject a student to discipline if, following a reasonable investigation,
the administrator determines that all of the following are true:

• A student who is being assaulted or witnesses another student being assaulted acts only in a manner that is defensive and protective of himself/herself or others.
• The student is acting in a manner that a building administrator determines is reasonable and necessary in light of the circumstances.
• The student did not instigate, provoke, or promote the violence by his or her words or conduct immediately prior to the assault. A reasonable physical response to an assault may include holding the assailant’s hands or arms to prevent the assault, or pulling two fighting students apart and holding them until adult staff can arrive and intervene.

For school discipline purposes, means the unauthorized, intentional damage to district property or the property of others (other than arson, above).

Under RCW 28A.635.060 (1), the school district may withhold the grades, diploma, and transcripts of a pupil responsible for intentional damage or loss to the property of the district, a contractor of the district, an employee, or another student until the pupil or the pupil’s parent or guardian has paid for the damages.

If a student has been suspended or expelled, the student may not be readmitted until the student, parents, or legal guardian has made payment in full, or until the superintendent directs otherwise. If the property damaged is a school bus owned and operated by the district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed otherwise by the superintendent.

When the pupil and parent or guardian are unable to pay for the damages, the school district will provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of the voluntary work the grades, diploma, and transcripts of the pupil shall be released.

The parent or guardian of the pupil is liable for damages as otherwise provided by Washington state law.

For school discipline purposes, means refusal to obey reasonable requests, instructions, and directives of any school personnel (including volunteers or contractors working for the school) pertaining to the orderly operation of the school. Directives regarding safety need to be followed immediately. Lower, non-safety issues, students will be given multiple opportunities to comply before discipline is administered. Student’s failure to engage academically will be addressed in ways that do not include disciplinary actions.

For school discipline purposes, means an act at school or at a school related activity that a student should know will have the effect of:

• Insulting, mocking or demeaning a student, staff or group of students causing substantial disruption and/or interference with the orderly operation of the school; or educational setting.
• Causing a substantial interruption to instruction or the safe and orderly operation of the school.

For school discipline purposes this means that student dress and appearance may be regulated when, in the judgment of school administrators, there is a reasonable expectation that:

• A health or safety hazard will be presented by the student's dress or appearance;
• Damage to school property will result from the student's dress and appearance;
• A hostile environment will be established or perpetuated; or,
• A material and substantial disruption of the educational process will result from the student's dress or appearance.

Material and substantial disruption of the educational process may be found to exist when a student's conduct is inconsistent with any part of the educational mission of the school district. Prohibited conduct includes the use or promotion of obscene, lewd, racist, violent, sexual, drug, alcohol or tobacco-related messages.

The possession, consumption, use, storage, or distribution of drugs, alcohol, and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited. For purposes of student conduct expectations:

• This section applies to any controlled substance, medication, stimulant, depressant, or mood-altering compound, including simulated compounds intended to produce intoxication or euphoria, whether or not such compounds have been designated a controlled substance by state or federal law;
• This section applies to marijuana or substances containing marijuana;
• This section applies to legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities, or on district- provided transportation;
• This section applies to students who enter school grounds, school activities, or district provided transportation following the unlawful use or consumption of drugs, alcohol, and other similar chemical substances, including students who appear to be under the influence of such substances;
• This section applies equally to the possession or use of paraphernalia or other items used to possess, consume, store, or distribute drugs, alcohol, and/or other illegal chemical substances, including marijuana or substances containing marijuana.

In all cases in which a student possesses or is distributing on school grounds, at school activities, or on district-provided transportation a substance prohibited under this section that is also a violation of the law, a report will be made by school officials to law enforcement.

For purposes of school discipline fighting is defined as actual or attempted hitting, striking or other wrongful physical contact between two or more individuals. (Such offense is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

For school discipline purposes means the encouraging, promoting, and/or escalating a fight or assault by words or actions.

For school discipline purposes includes:

• the creation, display, or communication of gestures, language, imagery, or symbols as defined below commonly associated with gang culture
• the promotion of gang culture and/or gang violence, and/or
• the solicitation or recruitment of gang members

Gang imagery and symbols include, but are not limited to:

• apparel (including shoelaces, bandanas, belts, or hats) which by virtue of color, . arrangement, trademark, symbol, or any other attributes indicate or imply gang membership or affiliation
• displays of gang affiliation on personal belongings including clothing, school
  assignments, notebooks, body

For school discipline purposes, “harassment, intimidation and bullying” includes:

• intentional hurtful, threatening, or intimidating verbal and/or physical conduct in violation of Kent School District Policy 3207 and Procedure 3207P;
• unsolicited or unwelcome verbal or physical conduct that is harassing or intimidating that can be of a sexual, religious, racial or ethnic nature, or based on disability in violation of Kent School District Policy 3205 and Procedure 3205P and Kent School .
  District Policy 3210 and Procedure 3210P

For school discipline purposes behavior of a sexual nature including but not limited to acts of a sexual nature and possession of or accessing pornographic material while on school grounds or at school activities are prohibited. Prohibited “materials” includes digital or electronic text, images, or sounds that are possessed, displayed, or transmitted while under the supervision of school authorities. Note: Non-consensual sexual misconduct please see “Assault” category. Use of profanity or obscene gestures not directed at another student please see “Disruptive Behavior”. (Lewd and/or obscene behaviors that do not constitute a “sex offense” is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

For school discipline purposes the possession of another person's or district property, regardless of value, without the person's permission with the intent to deprive the owner of such property. As part of the sanction, restitution will usually be required.

Note: Under RCW 28A.635.060 (1), the school district may withhold the grades, diploma, and transcripts of a pupil responsible for intentional damage or loss to the property of the district, a contractor of the district, an employee, or another student until the pupil or the pupil’s parent or guardian has paid for the damages. If a student has been suspended or expelled, the student may not be readmitted until the student or parents or legal guardian has made payment in full, or until the superintendent directs otherwise. If the property damaged is a school bus owned and operated by the district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed otherwise by the superintendent. When the pupil and parent or guardian are unable to pay for the damages, the school district will provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of the voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of the pupil is liable for damages as otherwise provided by Washington state law.

For school discipline purposes this means a threat to cause bodily injury, significant property damage, or to cause the physical confinement or restraint of the person threatened, or any other act causing substantial harm to the physical or mental health of the person threatened.

Students may not participate in smoking/vaping, use of tobacco products or products containing nicotine, or possess tobacco products on the school premises or at school-sponsored functions. (Use or possession of tobacco or nicotine products is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

A student is truant for disciplinary purposes when one or both of the conditions below are met:

• The student comes onto school property and then leaves without permission before the school day ends and/or
• Remains on school property but does not attend one or more periods

For school discipline purposes this means minor behaviors that create unsafe conditions (for example running in the hall, climbing on prohibited structures, engaging in mutual rough play, light pushing/shoving).

Possession or use of actual weapons in violation of Kent School District Policy 3245, including firearms, dangerous weapons, and other items listed within that policy. This includes when a student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm. Objects and conduct that fall outside of Policy 3245 should be addressed under other sections, as appropriate.

Any Kent School District student who is determined to have carried a firearm or to have possessed a firearm on school premises, school-provided transportation, or school sponsored activities at any facility shall be expelled from school for not less than one year (12 months) under RCW 28A.600.420, with notification to parents and law enforcement. The district superintendent or the superintendent’s designee is authorized to modify the expulsion of a student on a case- by-case basis. The school district may also suspend or expel a student for up to one year if the student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm. Expulsion may result based upon the administrator's judgment of the seriousness of the act or circumstances surrounding the act, and/or the previous record of the student.

“Behavioral violation” means a student’s behavior that violates the district’s discipline policies.

“Classroom exclusion” means the exclusion of a student from a classroom or instructional or activity area for behavioral violations, subject to the requirements of WAC 392-400-330 and 392-400-335. Classroom exclusion does not include action that results in missed instruction for a brief duration when:

• a teacher or other school personnel attempts other forms of discipline to support the student in meeting behavioral expectations; and
• the student remains under the supervision of the teacher or other school personnel during such brief duration.

“Culturally responsive” has the same meaning as “cultural competency” in RCW 28A.410.270, which states "cultural competency" includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.

“Discipline” means any action taken by a school district in response to behavioral violations.

“Disruption of the educational process” means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students.

“Emergency expulsion” means the removal of a student from school because the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 392-400-510 through 392-400-530.

“Expulsion” means a denial of admission to the student’s current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480.

“Length of an academic term” means the total number of school days in a single trimester or semester, as defined by the board of directors.

“Other forms of discipline” means actions used in response to problem behaviors and behavioral violations, other than classroom exclusion, suspension, expulsion, or emergency expulsion, which may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.

“Parent” has the same meaning as in WAC 392-172A-01125, and means:

1. a biological or adoptive parent of a child;
2. a foster parent;
3. a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the student, but not the state, if the student is a ward of the state;
4. an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the student lives, or an individual who is legally responsible for the student’s welfare; or a surrogate parent who has been appointed in accordance with WAC 392-172A.05130.

If the biological or adoptive parent is attempting to act as the parent and more than one party meets the qualifications to act as a parent, the biological or adoptive parent must be presumed to be the parent unless he or she does not have legal authority to make educational decisions for the student. If a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational decision on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this policy and procedure.

“School board” means the governing board of directors of the local school district.

“School business day” means any calendar day except Saturdays, Sundays, and any federal and school holidays upon which the office of the Superintendent is open to the public for business. A school business day concludes or terminates upon the closure of the Superintendent’s office for the calendar day.

“School day” means any day or partial day that students are in attendance at school for instructional purposes.

“Suspension” means the denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including classroom exclusions, expulsions, or emergency expulsions. Suspension may also include denial of admission to or entry upon, real and personal property that is owned, leased, rented, or controlled by the district.

"In-school suspension" means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

"Short-term suspension" means a suspension in which a student is excluded from school for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

"Long-term suspension" means a suspension in which a student is excluded from school for more than ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.