WSSDA’s model policies have always fallen into three categories, which were recently updated to: Critical, Important, and Discretionary.
The simplest explanation of the three categories is that “critical” indicates there’s a state or federal mandate in place; “important” has no mandate, but there is case law; and “discretionary” indicates no mandate or case law exists, so legal liability is negligible.
However, depending on the situation, a single policy could have critical, important, and discretionary elements in it. How the model is classified is simply meant to show, in general terms, how urgent tit might be to have such a policy.
The Categories In More Detail
Critical
A model policy lands in this category because having a policy for this circumstance is required by state or federal law. Or, a specific program may require a policy to be in place as a prerequisite to receiving special funding.
Important
Circumstances in this category do not definitively require a corresponding policy. However, relevant case law and the resulting legal decisions may exist. Other factors that make policy adoption important include findings from state audits or task forces, as well as clear, research-based best practices.
Therefore, model policies in this category may reflect the spirit of existing laws and legal decisions, protect districts from identifiable situations that could lead to litigation, or benefit the health, safety, and/or welfare of students, employees, directors, or the community.
Discretionary
The label for this category has not changed. Model policies in this category are developed to support boards who want to:
- address a circumstance important to them, but not necessarily addressed by any law or regulation
- address a circumstance unique to the district
- promote a philosophy to employees and/or the community