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WAC 392-400-435

Short-term and in-school suspensions—Additional conditions and limitations.

(1) Other forms of discipline. Before administering a short-term or in-school suspension, a school district must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.

(2) Length of exclusion. A school district may not administer a short-term or in-school suspension beyond the school year in which the behavioral violation occurred.

(3) Grade-level limitations.

   (a) A school district may not administer a short-term or in-school suspension for a student in kindergarten through fourth grade for more than ten cumulative school days during any academic term; and

   (b) A school district may not administer a short-term or in-school suspension for a student in grades five through twelve:

      (i) For more than fifteen cumulative school days during any single semester; or

      (ii) For more than ten cumulative school days during any single trimester.

(4) School personnel. When administering an in-school suspension, a school district must ensure school personnel:

   (a) Are physically in the same location as the student to provide direct supervision during the duration of the in-school suspension; and

   (b) Are accessible to offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes as required under WAC 392-400-610.

 

WAC 392-400-440

Long-term suspensions—Additional conditions and limitations.

(1) Other forms of discipline. Before administering a long-term suspension, a school district must consider other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.

(2) Limitations on long-term suspensions. A school district may only administer a long-term suspension:

   (a) For behavioral violations under RCW 28A.600.015 (6)(a) through (d); and

   (b) After the school district has determined that, if the student returned to school before completing a long-term suspension:

      (i) The student would pose an imminent danger to students or school personnel; or

      (ii) The student would pose an imminent threat of material and substantial disruption of the educational process.

(3) Length of exclusion.

   (a) A long-term suspension may not exceed the length of an academic term.

   (b) A school district may not administer a long-term suspension beyond the school year in which the behavioral violation occurred.

(4) Grade-level limitations. Except for a violation of WAC 392-400-820, a school district may not administer a long-term suspension for any student in kindergarten through fourth grade.

 

WAC 392-400-445

Expulsions—Additional conditions and limitations.

(1) Other forms of discipline. Before administering an expulsion, a school district must consider other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.

(2) Limitations on expulsions. A school district may only administer an expulsion:

   (a) For behavioral violations under RCW 28A.600.015 (6)(a) through (d); and

   (b) After the school district has determined that if the student returned to school before completing an expulsion, the student would pose an imminent danger to students or school personnel.

(3) Length of exclusion. An expulsion may not exceed the length of an academic term, unless the principal or designee petitions the school district superintendent for extension of an expulsion under WAC 392-400-480, and the petition is granted.

(4) Grade-level limitations. Except for violations of WAC 392-400-820, a school district may not administer an expulsion for any student in kindergarten through fourth grade.

 

WAC 392-400-450

Suspensions and expulsions—Initial hearing with student.

(1) Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student:

   (a) Notice of the student's violation of the school district's discipline policy adopted under WAC 392-400-110;

   (b) An explanation of the evidence regarding the behavioral violation;

   (c) An explanation of the discipline that may be administered; and

   (d) An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation.

(2) Parent participation.

   (a) Short-term and in-school suspensions. At an initial hearing in which the principal or designee is considering administering a short-term or in-school suspension, the principal or designee must provide the student an opportunity for the student to contact the student's parents.

   (b) Long-term suspensions and expulsions. At an initial hearing in which the principal or designee is considering administering a long-term suspension or expulsion, the principal or designee must make a reasonable attempt to contact the student's parents to provide an opportunity for the parents to participate in the initial hearing in person or by telephone.

(3) Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end.

(4) Language assistance. The school district must ensure that the initial hearing is held in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

WAC 392-400-455

Suspensions and expulsions—Notice to student and parents.

(1) Initial notice. Before administering any suspension or expulsion, a school district must attempt to notify the student's parents, as soon as reasonably possible, regarding the behavioral violation.

(2) Written notice. No later than one school business day following the initial hearing with the student in WAC 392-400-450, a school district must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include:

   (a) A description of the student's behavior and how the behavior violated the school district's policy adopted under WAC 392-400-110;

   (b) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;

   (c) The other forms of discipline that the school district considered or attempted, and an explanation of the district's decision to administer the suspension or expulsion;

   (d) The opportunity to receive educational services during the suspension or expulsion under WAC 392-400-610;

   (e) The student's and parents' right to an informal conference with the principal or designee under WAC 392-400-460;

   (f) The student's and parents' right to appeal the suspension or expulsion under WAC 392-400-465, including where and to whom the appeal must be requested; and

   (g) For a long-term suspension or expulsion, the opportunity for the student and parents to participate in a re-engagement meeting under WAC 392-400-710.

(3) Language assistance. The school district must ensure the initial and written notices required under this section are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

 

WAC 392-400-460

Suspensions and expulsions—Optional conference with principal.

(1) Requesting a conference. If the student or parents disagree with the school district's decision to suspend or expel the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing.

(2) Time limit. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents.

(3) Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to:

   (a) Share the student's perspective and explanation regarding the behavioral violation;

   (b) Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion; and

   (c) Discuss other forms of discipline that may be administered.

(4) Language assistance. The school district must ensure the conference is held in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(5) Right to appeal. An informal conference must not limit a student's or parents' right to appeal the suspension or expulsion under WAC 392-400-465, participate in a reengagement meeting under WAC 392-400-710, or petition for readmission.

 

WAC 392-400-465

Suspensions and expulsions—Appeal.

(1) Requesting an appeal. A student or the parents may appeal a suspension or expulsion to the school district superintendent or designee orally or in writing.

(2) Time limit. A school district may establish a time limit to appeal a suspension or expulsion. Appeal time limits must be no less than five school business days from the date the school district provides the written notice under WAC 392-400-455.

(3) Short-term and in-school suspensions.

   (a) Appeal. The superintendent or designee must provide the student and parents the opportunity to share the student's perspective and explanation regarding the behavioral violation orally or in writing.

   (b) Appeal decision. The superintendent or designee must deliver a written appeal decision to the student and parents in person, by mail, or by email within two school business days after receiving the appeal. The written decision must include:

      (i)  The decision to affirm, reverse, or modify the suspension;

      (ii) The duration and conditions of the suspension, including the dates on which the suspension will begin and end;

      (iii) The educational services the school district will offer to the student during the suspension under WAC 392-400-610; and

      (iv) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 392-400-470, including where and to whom to make the request.

(4) Long-term suspensions and expulsions.

   (a) Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of:

      (i)    The time, date, and location of the appeal hearing;

      (ii)   The name(s) of the official(s) presiding over the appeal;

      (iii) The student's and parents' rights to inspect the student's education records under (e) of this subsection;

      (iv)  The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing under (e) of this subsection;

      (v) The student's and parents' rights under (f) of this subsection; and

      (vi) Whether the school district will offer to hold a reengagement meeting under WAC 392-400-710 before the appeal hearing.

   (b) Reengagement. Before the appeal hearing, the student, parents, and school district may agree to hold a reengagement meeting and develop a reengagement plan under WAC 392-400-710. The student, parents, and school district may mutually agree to postpone the appeal hearing while participating in the reengagement process.

   (c) Appeal hearing. The school district must hold an appeal hearing within three school business days from the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student or parents.

   (d) Presiding officials. The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established under WAC 392-400-475, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to suspend or expel the student and must be knowledgeable about the rules in this chapter and of the school district's discipline policies and procedures.

   (e) Evidence and witnesses.

      (i) Upon request, the student, parents, and school district may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The school district, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

      (ii) Upon request, the student and parents may review the student's education records. The district must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

      (iii) If a witness for the school district cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the district establishes that:

         (A) The district made a reasonable effort to produce the witness; and

         (B) The witness's failure to appear is excused by fear of reprisal or another compelling reason.

   (f) Student and parent rights. During the appeal hearing, the student and parents have the right to:

      (i) Be represented by legal counsel;

      (ii) Question witnesses;

      (iii) Share the student's perspective and provide explanation regarding the behavioral violation; and

      (iv) Introduce relevant documentary, physical, or testimonial evidence.

   (g) Recording of hearing. The appeal hearing must be recorded by manual, electronic, or other type of recording device. The school district must provide the recording to the student or parents upon request.

   (h) Appeal decision. The presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) must provide a written decision to the student and parents in person, by mail, or by email within three school business days after the appeal hearing. The written decision must include:

      (i) The findings of fact;

      (ii) A determination whether:

         (A) The student's behavior violated the school district's discipline policy adopted under WAC 392-400-110;

         (B) The behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and

         (C) The suspension or expulsion is affirmed, reversed, or modified;

      (iii) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;

      (iv) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 392-400-470, including where and to whom to make the request; and

      (v) Notice of the opportunity to participate in a re-engagement meeting under WAC 392-400-710 and the contact information for the person who will coordinate scheduling of the re-engagement meeting.

(5) Language assistance. The school district must ensure that the notice, appeal proceedings, and decision are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(6) Pending appeal. If the student or parents request an appeal under this section, the school district may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements:

   (a) The school district may temporarily continue to administer the suspension or expulsion for no more than ten consecutive school days from the initial hearing under WAC 392-400-450 or until the appeal is decided, whichever is earlier;

   (b) Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion;

   (c) If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the school district must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return.

WAC 392-400-470

Suspensions and expulsions—Review and reconsideration.

(1) Requesting review. The student or parents may request that the school board or discipline appeal council, if established under WAC 392-400-475, review and reconsider the school district's appeal decision under WAC 392-400-465. The student or parents may request the review orally or in writing.

(2) Time limit. A school district may establish a time limit for parents and students to request a review under this section. The time limit must be no less than ten school business days from the date the school district provides the written appeal decision to the student and parents under WAC 392-400-465.

(3) Review procedure.

   (a) In reviewing the school district's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal under WAC 392-400-465, relevant state law, and the school district's discipline policy adopted under WAC 392-400-110.

   (b) The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information.

   (c) The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision under WAC 392-400-465. If the discipline appeal council presided over the appeal under WAC 392-400-465, the decision must be made by the school board.

(4) Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten school business days after receiving the request for review and reconsideration. The written decision must identify:

   (a)  Whether the school board or discipline appeal council affirms, reverses, or modifies the suspension or expulsion;

   (b)  The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and

   (c) For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting under WAC 392-400-710.

(5) Language assistance. The school district must ensure that any review proceedings and decision are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.