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Equity & Disparities

Washington’s discipline data does not tell a story of equal enforcement. Across nearly every district and every type of discipline, the same student groups are removed from school at disproportionately high rates: Black students, American Indian and Alaska Native students, students with disabilities, students in foster care, and students experiencing homelessness.

Disparity in discipline is not a new finding. Researchers have documented it nationally since the 1970s. What is new — and important — is that Washington now legally requires districts to track it, explain it, and address it.

Race & Ethnicity

Racial Disparities in Washington

Black students in Washington are suspended at more than twice the rate of white students. American Indian and Alaska Native students face similarly elevated rates. These disparities persist even after controlling for income, school size, and offense type — meaning race itself, not poverty or behavior, is a significant predictor of who gets suspended.

Washington’s own OSPI equity review expectations acknowledge this: districts are required to conduct root-cause analyses when data shows disproportionate discipline by race. The question is not whether disparity exists — it does — but why, and what districts are doing about it.

Source: OSPI Washington State Report Card, disaggregated discipline data (current year); USCCR “Beyond Suspensions” (2019).

Disability

Students with Disabilities

Students with disabilities are disciplined at approximately twice the rate of students without disabilities in Washington. Federal law (IDEA) provides specific protections: schools must conduct a “manifestation determination” before imposing long-term discipline on a student with a disability to determine whether the behavior was caused by or related to the disability. If it was, the district cannot discipline the student in the same way it would a non-disabled student.

In practice, manifestation determinations are inconsistently applied. Students with emotional and behavioral disabilities — the group most likely to be disciplined — are also the group most likely to have their discipline upheld even when their behavior is directly related to their disability.

Source: OSPI Report Card discipline data by disability status; USCCR “Beyond Suspensions” (2019); OSPI Project Education Impact (2024).

Foster Care & Homelessness

Students in Foster Care and Experiencing Homelessness

Students in foster care and students experiencing homelessness are among the most over-disciplined groups in Washington — and the most vulnerable to the pipeline’s downstream effects. Both groups already face significant educational instability; suspension and expulsion compound that instability and increase the likelihood of falling behind, dropping out, or becoming involved with the justice system.

Washington’s 2023 discipline rule updates include specific provisions for these students, including requirements that districts consider housing instability as a factor before imposing long-term discipline.

Source: OSPI Report Card (foster care, homeless student breakdowns); Improving Institutional Education Outcomes: Final Report (2022).

Intersectionality

Compounding Disparities

Students who belong to multiple marginalized groups face compounding disadvantage. A Black student with a disability who is also experiencing homelessness faces discipline rates far higher than any single-group average would suggest. Washington’s data systems can track these intersections — but most district-level analysis does not look at them systematically.

Advocates working with families should ask not just “what is the overall rate for Black students?” but “what is the rate for Black students with IEPs in this district?”

Why Disparity Matters — and What Districts Are Required to Do

Washington law does not merely require districts to collect disparity data. It requires them to act on it.

RCW 28A.600.460

Discipline Policies and Disaggregated Data

app.leg.wa.gov — RCW 28A.600.460

Requires district discipline policies to address how the district will ensure that discipline is imposed equitably. Districts must collect and report disaggregated discipline data and review it annually.

RCW 28A.320.211

Discipline Policies; Disaggregated Data Review

app.leg.wa.gov — RCW 28A.320.211

Requires school boards to review disaggregated discipline data at least annually in a public meeting. When data reveals disproportionate impact, the board must discuss root causes and document steps the district is taking to address them.

OSPI Guidance

Equity Review Expectations

OSPI provides guidance to districts on conducting equity reviews of their discipline data. The core expectation: when disaggregated data shows a pattern of disparity, districts must go beyond acknowledging it — they must identify root causes and implement targeted strategies. Generic responses (“we will provide professional development”) are not sufficient.

Resource: OSPI Student Discipline — Equity and Disproportionality resources page.

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