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 WAC 392-400-710

Student re-engagement after long-term suspension or expulsion.

(1) Re-engagement meeting. When a school district administers a long-term suspension or expulsion, the district must convene a re-engagement meeting with the student and parents to discuss a plan to reengage the student. Before convening a re-engagement meeting, a school district must communicate with the student and parents to schedule the meeting time and location. The re-engagement meeting must occur:

   (a) Within twenty calendar days of the start of the student's long-term suspension or expulsion, but no later than five calendar days before the student returns to school; or

   (b) As soon as reasonably possible, if the student or parents request a prompt re-engagement meeting.

(2) Re-engagement plan. The school district must collaborate with the student and parents to develop a culturally sensitive and culturally responsive re-engagement plan tailored to the student's individual circumstances to support the student in successfully returning to school. In developing a re-engagement plan, the school district must consider:

   (a) The nature and circumstances of the incident that led to the student's suspension or expulsion;

   (b) As appropriate, students' cultural histories and contexts, family cultural norms and values, community resources, and community and parent outreach;

   (c) Shortening the length of time that the student is suspended or expelled;

   (d) Providing academic and nonacademic supports that aid in the student's academic success and keep the student engaged and on track to graduate; and

   (e) Supporting the student, parents, or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring.

(3) Documentation. The school district must document the re-engagement plan and provide a copy of the plan to the student and parents.

(4) Language assistance. The school district must ensure that the re-engagement meeting and plan 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.

(5) Student and parent rights. Re-engagement meetings do not replace an appeal hearing under WAC 392-400-465 or a petition for readmission.

WAC 392-400-805

Fundamental rights.

When administering discipline under this chapter, the school district must not:

1) Unlawfully discriminate against a student on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal;

(2) Deprive a student of the student's constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have the student's school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising the right;

(3) Deprive a student of the student's constitutional right to be secure in the student's person, papers, and effects against unreasonable searches and seizures;

(4) Unlawfully interfere in a student's pursuit of an education while in the custody of the school district; or

(5) Deprive a student of the student's right to an equal educational opportunity, in whole or in part, by a school district without due process of law.


WAC 392-400-810

Exceptions for the purpose of protecting victims.

In accordance with RCW 28A.600.460, a school district may preclude a student from returning to the student's regular educational setting following the end date of a suspension or expulsion for the purpose of protecting victims of certain offenses, as follows: 

(1) Teacher victim. A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned;

(2) Student victim. A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.

 

WAC 392-400-815

Behavior agreements.

(1) General. A school district may enter into behavior agreements with students and parents in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance.

(2) Policies and procedures. A school district entering into behavior agreements under this section must adopt written policies and procedures authorizing the agreements.

(3) Re-engagement meetings and educational services. A school district must ensure that a behavior agreement does not waive a student's opportunity to participate in a re-engagement meeting under  WAC 392-400-710, or receive educational services as provided under WAC 392-400-610.

(4) Duration. The duration of behavior agreements must not exceed the length of an academic term.

(5) Subsequent behavioral violations. Nothing in this section precludes a school district from administering discipline for behavioral violations that occur after the district enters into an agreement with the student and parents.

(6) Language assistance. The school district must ensure any behavior agreement under this section is 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 392-400-820

Firearm exceptions.

As provided under RCW 28A.600.420:

(1) A school district must expel a student for no less than one year if the district has determined that the student has carried or possessed a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. The school district superintendent may modify the expulsion on a case-by-case basis.

(2) A school district may 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 an instrument that appears to be a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools.

(3) This section does not apply to:

   (a) Any student while engaged in military education authorized by the school district in which rifles are used;

   (b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by the school district in which the rifles of collectors or instructors are handled or displayed; or

   (c) Any student while participating in a rifle competition authorized by the school district.

 
WAC 392-400-825

Corporal punishment, restraint, and isolation.

(1) Corporal punishment. A school district may not administer corporal punishment, including any act that willfully inflicts or willfully causes the infliction of physical pain on a student. Corporal punishment does not include:

(a) The use of reasonable physical force by a school administrator, teacher, school personnel or volunteer as necessary to maintain order or to prevent a student from harming themselves, other students, school personnel, or property;

(b) Physical pain or discomfort resulting from or caused by training for or participation in athletic competition or recreational activity voluntarily engaged in by a student; or

(c) Physical exertion shared by all students in a teacher-directed class activity, which may include, but is not limited to, physical education exercises, field trips or vocational education projects.

(2) Restraint and isolation. A school district may not use isolation, restraint, or a restraint device on any student, except as provided for in RCW 28A.155.210, 28A.600.485, WAC 392-172A-02105, and 392-172A-02110.

 

WAC 392-400-830

School meals.

A school district may not administer any discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to the student.