reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-380 - Public school pupils - Immunization requirement and life-threatening health condition › Section 392-380-045 - School attendance conditioned upon presentation of proofs

Current through Register Vol. 24-14, July 15, 2024
(1) The initial
			 attendance of every student at every public school in the state is conditioned
			 upon proof of immunization as set forth in
			 RCW
			 28A.210.080.
(2) The chief administrator of each public
			 school shall prohibit the further presence at school of each student already in
			 attendance and who has failed to provide proof of immunization in accordance
			 with RCW
			 28A.210.080(1). Such
			 exclusion shall be preceded by written notice as set forth in WAC
			 392-380-050. If written notice
			 has not been provided, any exclusion shall be stayed until notice is received
			 by the student's parent.
(3) The
			 initial attendance of every student at every public school who has a
			 life-threatening health condition is conditioned upon:
(a) Presentation by the parent of a
			 medication or treatment order addressing any life-threatening health condition
			 the child has that may require medical services to be performed at the school;
			 and
(b) Formulation of a nursing
			 plan to implement the order.
The parent shall also provide any medication or equipment
				identified in the medication or treatment order necessary to carry out the
				order, unless the school district is required to provide the medication or
				equipment as a related service under federal law.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-380 - Public school pupils - Immunization requirement and life-threatening health condition › Section 392-380-050 - Written notice prior to exclusions from school

Current through Register Vol. 24-14, July 15, 2024
(1)
Written notice.
Before
			 excluding a student from school for failure to comply with WAC
			 392-380-045, a school must
			 provide written notice of the exclusion to the student's parents in person, by
			 mail, or by email. The written notice must include:
(a) The school's decision to exclude the
			 student from school, effective immediately upon the parents' receipt of the
			 notice.
(b) The duration and
			 conditions of the exclusion, including that the exclusion will continue until
			 the school receives necessary proof of immunization in accordance with
			 RCW
			 28A.210.080, a medication or treatment plan
			 in accordance with
			 RCW
			 28A.210.320, or until a chief administrator
			 determines that the student is no longer excluded from school.
(c) Notice of the applicable laws, including
			 a copy of the applicable laws.
(d)
			 In cases of exclusion due to lack of proof of immunization in accordance with
			 RCW
			 28A.210.080(1), information
			 regarding immunization services that are available through the local health
			 department and other public agencies.
(e) The student's and parents' right to a
			 hearing to challenge the decision under WAC
			 392-380-080, including where and
			 to whom the hearing must be requested and a description of the hearing
			 process.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-380 - Public school pupils - Immunization requirement and life-threatening health condition › Section 392-380-080 - Prehearing and hearing process

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting a hearing.
A student or the parent may request a
			 hearing to the chief administrator orally or in writing.
(2)
Notice.
Within one school
			 day after receiving the hearing request, unless otherwise agreed to by the
			 parents, the chief administrator must provide the parents written notice in
			 person, by mail, or by email of the time, date, and location of the
			 hearing.
(3)
Hearing.
The school must hold a hearing within three school days from the date the
			 school's chief administrator received the hearing request, unless otherwise
			 agreed to by the parents. At the hearing, the chief administrator must provide
			 the parents an opportunity to explain how their student is in compliance with
			 school attendance requirements under WAC
			 392-380-045.
(4)
Hearing decision.
The chief
			 administrator must deliver a written hearing decision to the parents in person,
			 by certified mail, or by email within two school business days after the
			 hearing. The written decision must include:
(a) The decision to affirm or reverse the
			 exclusion;
(b) If the decision to
			 exclude the student is affirmed, the duration and conditions of the exclusion,
			 including that the exclusion will continue until the school receives necessary
			 proof of immunization in accordance with WAC 392-380045(1) or a medication or
			 treatment plan in accordance with WAC
			 392-380-045(3);
			 and
(c) In cases of exclusion due
			 to lack of proof of immunization in accordance with RCW 28A.219.080(1),
			 information regarding immunization services that are available through the
			 local health department and other public agencies.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › Section 392-400-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure that school districts
				in Washington:
(1) Provide due process
			 to students;
(2) Implement
			 culturally responsive discipline policies and procedures that provide
			 opportunity for all students to achieve personal and academic
			 success;
(3) Engage school
			 personnel, students, parents, families, and the community in decisions related
			 to the development and implementation of discipline policies and
			 procedures;
(4) Ensure fairness and
			 equity in the administration of discipline;
(5) Administer discipline in ways that
			 respond to the needs and strengths of students, support students in meeting
			 behavioral expectations, and keep students in the classroom to the maximum
			 extent possible;
(6) Provide
			 educational services that students need to complete their education without
			 disruption;
(7) Facilitate
			 collaboration between school personnel, students, and families to ensure
			 successful reentry into the classroom following a suspension or expulsion;
			 and
(8) Provide a safe and
			 supportive learning environment for all students.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › Section 392-400-015 - Authority

Current through Register Vol. 24-14, July 15, 2024
The authority for this chapter is
				RCW
				28A.600.015 and
				28A.600.020, which require the
				office of superintendent of public instruction to establish rules that
				prescribe the substantive and procedural due process rights of students served
				by any program or activity conducted by, or on behalf of, school
				districts.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › Section 392-400-020 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 establishes the minimum procedural and substantive due process rights of
			 students when they may be subject to discipline in Washington school districts.
			 A school district may establish additional due process protections for students
			 consistent with federal statutes and regulations, state statutes, common law,
			 and rules prescribed by the office of superintendent of public
			 instruction.
(2) This chapter must
			 be construed in a manner consistent with the following laws and rules:
(a)RCW
			 28A.600.010 through
			 28A.600.022 and
			 28A.320.211, regarding the
			 administration of student discipline;
(b)RCW
			 28A.300.042, regarding the collection,
			 reporting, and disaggregation of student-level discipline data;
(c) Chapter 392-190 WAC, prohibiting unlawful
			 discrimination in Washington public schools, including the requirement under
			 WAC 392-190-048 that school districts annually review disaggregated discipline
			 data to identify and address disproportionality in the administration of
			 discipline on the basis of sex, race, limited-English proficiency (i.e.,
			 English learners), and disability, including students protected under Section
			 504 of the Rehabilitation Act of 1973 and Part B of the Individuals with
			 Disabilities Education Act;
(d) WAC
			 392-172A-05140 through
			 392-172A-05175, and 34 C.F.R.
			 Part 300.530 through 300.536, regarding the discipline
			 of students with disabilities under the Individuals with Disabilities Education
			 Act;
(e)RCW
			 28A.165.035, regarding the state menu of best
			 practices and strategies for behavior; and
(f)RCW
			 28A.415.410 and
			 28A.415.420, regarding training
			 to support school personnel in implementing discipline policies and procedures
			 and gaining knowledge and skills in cultural competence.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › Section 392-400-023 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter the terms:
(1) "Behavioral violation" means a student's
			 behavior that violates a school district's discipline policy adopted under WAC
			 392-400-225.
(2) "Classroom exclusion" means the exclusion
			 of a student from a classroom or instructional or activity area for behavioral
			 violations, subject to the requirements in WAC
			 392-400-330 and
			 392-400-335. Classroom exclusion
			 does not include actions that result in missed instruction for a brief duration
			 when:
(a) A teacher or other school personnel
			 attempts other forms of discipline to support the student in meeting behavioral
			 expectations; and
(b) The student
			 remains under the supervision of the teacher or other school personnel during
			 such brief duration.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › Section 392-400-025 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter the terms:
(1) "Behavioral violation" means a student's
			 behavior that violates a school district's discipline policy adopted under WAC
			 392-400-110.
(2) "Classroom exclusion" means the exclusion
			 of a student from a classroom or instructional or activity area for behavioral
			 violations, subject to the requirements in WAC
			 392-400-330 and
			 392-400-335. Classroom exclusion
			 does not include actions that result in missed instruction for a brief duration
			 when:
(a) A teacher or other school personnel
			 attempts other forms of discipline to support the student in meeting behavioral
			 expectations; and
(b) The student
			 remains under the supervision of the teacher or other school personnel during
			 such brief duration.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-110 - Discipline policies and procedures-Development, review, and distribution

Current through Register Vol. 24-14, July 15, 2024
(1)
School
				district policies and procedures beginning in the 2019-20 school year.
Before the commencement of the 2019-20 school year, a school district must
				adopt written policies and procedures for supporting students in meeting
				behavioral expectations and administering discipline in accordance with this
				chapter. The policies and procedures must:
(a) Clearly state the types of behaviors for
				which discipline, including suspension and expulsion, may be
				administered;
(b) Have a real and
				substantial relationship to the lawful maintenance and operation of the school
				district including, but not limited to, the preservation of the health and
				safety of students and employees and the preservation of an educational process
				that is conducive to learning;
(c)
				Provide for early involvement of parents in efforts to support students in
				meeting behavioral expectations;
(d) Provide that school personnel make every
				reasonable attempt to involve parents and students in the resolution of
				behavioral violations for which discipline may be administered;
(e) Identify other forms of discipline that
				school personnel should administer before or instead of administering classroom
				exclusion, suspension, or expulsion to support students 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;
(f) Identify school personnel with the
				authority to administer classroom exclusions, suspensions, expulsions,
				emergency expulsions, and other forms of discipline;
(g) Establish appeal and review procedures
				related to the administration of suspensions, expulsions, and emergency
				expulsions, consistent with WAC
				392-400-430 through
				392-400-530;
(h) Establish grievance procedures to address
				parents' or students' grievances related to the administration of classroom
				exclusions and other forms of discipline, including discipline that excludes a
				student from transportation or extracurricular activity. The procedures must,
				at a minimum, include an opportunity for the student to share the student's
				perspective and explanation regarding the behavioral violation;
(i) Describe the types of educational
				services the school district offers to students during a suspension or
				expulsion and the procedures to be followed for the provision of educational
				services under WAC
				392-400-610;
(j) Provide for reengagement meetings and
				plans, consistent with WAC
				392-400-710;
(k) Provide a process for students who have
				been suspended or expelled to petition for readmission; and
(l) Be consistent with the model policy
				developed under
				RCW
				28A.345.090.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-115 - Completing academic requirements

Current through Register Vol. 24-14, July 15, 2024
A school district may not:
(1) Suspend the provision of educational
				services to a student in response to behavioral violations; or
(2) Administer discipline in a manner that
				would prevent a student from completing subject, grade-level, or graduation
				requirements.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-200 - Purpose and application

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-200,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-200, filed 6/22/06, effective 6/22/06. Statutory
					 Authority: 1990 c 33. 90-17-009, § 180-40-200, filed 8/6/90, effective
					 9/6/90. Statutory Authority: RCW 28A.04.132. 82-20-052 (Order 4-82), §
					 180-40-200, filed 10/1/82; Order 6-77, § 180-40-200, filed 6/2/77,
					 effective 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-205 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: 2006 c 263. 06-14-009, recodified as
					 § 392-400-205, filed 6/22/06, effective 6/22/06. Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 96-15-098, §
					 180-40-205, filed 7/22/96, effective 8/22/96. Statutory Authority: 1979 1st
					 ex.s. c 173 and c 201. 79-11-049 (Order 14-79), § 180-40-205, filed
					 10/16/79; Order 6-77, § 180-40-205, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-210 - Student responsibilities and duties

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-210,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-210, filed 6/22/06, effective 6/22/06. Statutory
					 Authority: 1990 c 33. 90-17-009, § 180-40-210, filed 8/6/90, effective
					 9/6/90; Order 6-77, § 180-40-210, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-215 - Student rights

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: 2006 c 263. 06-14-009, recodified as
					 § 392-400-215, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW
					 28A.04.132. 85-04-009 (Order 3-85), § 180-40-215, filed 1/25/85; Order
					 6-77, § 180-40-215, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-220 - Student disciplinary boards-Establishment at option of school district-Functions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: 2006 c 263. 06-14-009, recodified as
					 § 392-400-220, filed 6/22/06, effective 6/22/06; Order 6-77, §
					 180-40-220, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-225 - School district rules defining misconduct-Distribution of rules

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the
				responsibility and duty of each school district to adopt, publish, and make
				available to all students and parents written rules which state with reasonable
				clarity the types of misconduct for which discipline, suspension, and expulsion
				may be imposed. In addition, written procedures for administering corrective
				action shall be developed and reviewed periodically as follows:
(a) Each school district shall provide for
				the development with parent and community participation of written procedures
				for administering corrective action at each school as required by
				RCW
				28A.600.020(3).
(b) In a manner consistent with the district
				procedures developed pursuant to (a) above, the principal and certificated
				employees in each school building shall confer at least annually for the
				purpose of developing, or reviewing, or both, building discipline standards and
				the uniform enforcement of those standards, as required by
				RCW
				28A.400.110.
(c) School districts shall use disaggregated
				data collected pursuant to
				RCW
				28A.300.042 to monitor the impact of the
				school district's discipline policies and procedures, as required by WAC
				392-190-048.
(d) School districts, in consultation with
				school district staff, students, families, and the community, shall
				periodically review and update their discipline rules, policies, and
				procedures.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-226 - School district rules defining harassment, intimidation and bullying prevention policies and procedures - Distribution of rules

Current through Register Vol. 24-14, July 15, 2024
A district's harassment, intimidation and bullying policy and
				  procedure shall be published and made available to all parents or guardians,
				  students, employees, and volunteers on an annual basis. The district will
				  publish, at a minimum, the following materials: Policy and procedure, an
				  incident reporting form and current contact information for the district's
				  harassment, intimidation and bullying compliance officer. If a school district
				  chooses not to distribute such rules to all parents or guardians, students,
				  employees, and volunteers, then notice which describes the contents of such
				  rules and specifies the person(s) to contact for a copy shall be provided to
				  students and parents on an annual basis in a manner reasonably calculated to
				  come to their attention.
Statutory Authority: RCW 28A.300.285. 11-04-076, §
					 392-400-226, filed 1/31/11, effective
					 3/3/11.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE POLICIES AND PROCEDURES › Section 392-400-227 - School district rules defining students religious rights

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-227,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-227, filed 6/22/06, effective 6/22/06. Statutory
					 Authority: RCW 28A.04.132. 85-09-049 (Order 6-85), § 180-40-227, filed
					 4/16/85; 85-04-009 (Order 3-85), § 180-40-227, filed
					 1/25/85.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE, SUSPENSION, AND EXPULSION RULES › Section 392-400-230 - Persons authorized to impose discipline, suspension, or expulsion upon students

Current through Register Vol. 24-14, July 15, 2024
(1) Each
				certificated teacher, each school administrator, each school bus driver, and
				any other school employee designated by the board of directors of a school
				district shall possess the authority to impose discipline upon a student for
				misconduct which violates rules of the school district established pursuant to
				WAC 392-400-225.
(2) The board of directors of any school
				district may delegate to the superintendent and/or his or her designee(s) the
				authority to impose suspensions and expulsions upon students for misconduct
				which violates rules of the school district established pursuant to WAC
				392-400-225. Each certificated
				teacher and each administrator shall possess the authority to recommend
				suspensions and expulsions for such misconduct.
(3) Any board of directors which chooses not
				to delegate the authority to impose suspensions and/or expulsions,
				nevertheless, shall be subject to the requirements set forth in this chapter
				when it imposes a suspension or expulsion.
(4) Notwithstanding any provision of this
				section to the contrary, each teacher is empowered to exclude any student who
				creates a disruption of the educational process in violation of the building
				disciplinary standards while under the teacher's immediate supervision from his
				or her individual classroom and instructional or activity area for all or any
				portion of the balance of the school day or until the principal or designee and
				teacher have conferred, whichever occurs first: Provided, That except in
				emergency circumstances as provided for in WAC
				392-400-290, the teacher shall
				have first attempted one or more alternative forms of corrective action:
				Provided further, That in no event without the consent of the teacher shall an
				excluded student be returned during the balance of the particular class or
				activity period from which the student was initially excluded.
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-230,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-230, filed 6/22/06, effective 6/22/06. Statutory
					 Authority: 1980 c 171. 80-10-030 (Order 11-80), § 180-40-230, filed
					 8/4/80; Order 6-77, § 180-40-230, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE, SUSPENSION, AND EXPULSION RULES › Section 392-400-233 - Absences, tardiness, and school meals

Current through Register Vol. 24-14, July 15, 2024
(1)
Absences and tardiness.
A
				school district may not suspend or expel a student from school for absences or
				tardiness.
(2)
School
				meals.
A school district may not administer a corrective action in a
				manner that would result in the denial or delay of a nutritionally adequate
				meal to a student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE › Section 392-400-235 - Discipline-Conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
Discipline may be imposed upon any student for violation of
				  the rules of the school district that have been established pursuant to this
				  section, subject to the following limitations and conditions and the grievance
				  procedure set forth in WAC
				  392-400-240:
(1) No form of discipline shall be enforced
				in such a manner as to prevent a student from accomplishing specific academic
				grade, subject, or graduation requirements.
(2) School districts may not suspend the
				provision of educational services to a student as a disciplinary
				action.
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-235,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-235, filed 6/22/06, effective 6/22/06. Statutory
					 Authority:
					 RCW
					 28A.410.010. 94-03-102 (Order 3-94), §
					 180-40-235, filed 1/19/94, effective 2/19/94. Statutory Authority:
					 RCW
					 28A.305.160. 93-01-077, § 180-40-235,
					 filed 12/14/92, effective 1/14/93. Statutory Authority: RCW 28A.04.132.
					 90-17-004, § 180-40-235, filed 8/2/90, effective 9/2/90; 87-09-040 (Order
					 6-87), § 180-40-235, filed 4/14/87; Order 6-77, § 180-40-235, filed
					 6/2/77, effective 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › DISCIPLINE › Section 392-400-240 - Discipline - Grievance procedure

Current through Register Vol. 24-14, July 15, 2024
Any student, parent, or guardian who is aggrieved by the
				  imposition of discipline shall have the right to an informal conference with
				  the building principal or his or her designee for the purpose of resolving the
				  grievance. The employee whose action is being grieved shall be notified of the
				  initiation of a grievance as soon as reasonably possible. During such
				  conference the student, parent, or guardian shall be subject to questioning by
				  the building principal or his or her designee and shall be entitled to question
				  school personnel involved in the matter being grieved. Subsequent to the
				  building level grievance meeting, the student, parent, or guardian, upon two
				  school business days' prior notice, shall have the right to present a written
				  and/or oral grievance to the superintendent of the district or his/her
				  designee. If the grievance is not resolved, the student, parent, or guardian,
				  upon two school business days' prior notice, shall have the right to present a
				  written and/or oral grievance to the board of directors during the board's next
				  regular meeting or to the school district disciplinary appeal council if the
				  board has delegated its responsibility to hear and decide such grievances to
				  the council pursuant to WAC
				  392-400-317. The board or council
				  shall notify the student, parent, or guardian of its response to the grievance
				  within ten school business days after the date of the meeting. The discipline
				  action shall continue notwithstanding the implementation of the grievance
				  procedure set forth in this section unless the principal or his or her designee
				  elects to postpone such action.
Statutory Authority: RCW 28A.305.160. 07-04-048, §
					 392-400-240, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263.
					 06-14-009, recodified as § 392-400-240, filed 6/22/06, effective 6/22/06.
					 Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 96-15-098, §
					 180-40-240, filed 7/22/96, effective 8/22/96; Order 6-77, § 180-40-240,
					 filed 6/2/77, effective 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SHORT-TERM SUSPENSION › Section 392-400-250 - Short-term suspension-Prior conference required-Notice to parent

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to the
				short-term suspension of any student a conference shall be conducted with the
				student as follows:
(a) An oral or written
				notice of the alleged misconduct and violation(s) of school district rules
				shall be provided to the student;
(b) An oral or written explanation of the
				evidence in support of the allegation(s) shall be provided to the
				student;
(c) An oral or written
				explanation of the corrective action which may be imposed shall be provided to
				the student; and
(d) The student
				shall be provided the opportunity to present his/her explanation.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SHORT-TERM SUSPENSION › Section 392-400-255 - Short-term suspension - Grievance procedure

Current through Register Vol. 24-14, July 15, 2024
Any student, parent, or guardian who is aggrieved by the
				  imposition of a short-term suspension shall have the right to an informal
				  conference with the building principal or his or her designee for the purpose
				  of resolving the grievance. The employee whose action is being grieved shall be
				  notified of the initiation of a grievance as soon as reasonably possible.
				  During such conference the student, parent, or guardian shall be subject to
				  questioning by the building principal or his or her designee and shall be
				  entitled to question school personnel involved in the matter being grieved.
				  Subsequent to the building level grievance meeting, the student, parent, or
				  guardian, upon two school business days' prior notice, shall have the right to
				  present a written and/or oral grievance to the superintendent of the district
				  or his/her designee. If the grievance is not resolved, the student, parent, or
				  guardian, upon two school business days' prior notice, shall have the right to
				  present a written and/or oral grievance to the board of directors during the
				  board's next regular meeting or to the school district disciplinary appeal
				  council if the board has delegated its responsibility to hear and decide such
				  grievances to the council pursuant to WAC
				  392-400-317. The board or council
				  shall notify the student, parent, or guardian of its response to the grievance
				  within ten school business days after the date of the meeting. The short-term
				  suspension shall continue notwithstanding the implementation of the grievance
				  procedure set forth in this section unless the principal or his or her designee
				  elects to postpone such action.
Statutory Authority: RCW 28A.305.160. 07-04-048, §
					 392-400-255, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263.
					 06-14-009, recodified as § 392-400-255, filed 6/22/06, effective 6/22/06.
					 Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 96-15-098, §
					 180-40-255, filed 7/22/96, effective 8/22/96; Order 6-77, § 180-40-255,
					 filed 6/2/77, effective 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › LONG-TERM SUSPENSION › Section 392-400-265 - Long-term suspension-Notice of hearing-Waiver of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to the
				long-term suspension of a student, written notice of an opportunity for a
				hearing shall be delivered in person or by certified mail to the student and to
				his or her parent(s) or guardian(s). The notice shall:
(a) Be provided in the predominant language
				of a student and/or a parent(s) or guardian(s) who predominantly speak a
				language other than English, in accordance with Title VI of the Civil Rights
				Act of 1964;
(b) Specify the
				alleged misconduct and the school district rule(s) alleged to have been
				violated;
(c) Set forth the
				corrective action pro-posed;
(d)
				Set forth the right of the student and his or her parent(s) or guardian(s) to a
				hearing for the purpose of contesting the allegation(s); and
(e) Set forth the facts that:
(i) A written or oral request for a hearing
				must be received by the school district employee designated, or by his or her
				office, on or before the expiration of the third school business day after
				receipt of the notice of opportunity for a hearing; and
(ii) If such a request is not received within
				the prescribed period of time, then the right to a hearing may be deemed to
				have been waived and the proposed long-term suspension may be imposed by the
				school district without any further opportunity for the student or his or her
				parent(s) or guard-ian(s) to contest the matter. A schedule of "school business
				days" potentially applicable to the exercise of such hearing right should be
				included with the notice.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › LONG-TERM SUSPENSION › Section 392-400-270 - Long-term suspension-Prehearing and hearing process

Current through Register Vol. 24-14, July 15, 2024
(1) If a request for a hearing is received
				pursuant to WAC 180-40-265 within the required three school business days, the
				school district shall schedule a hearing to commence within three school
				business days after the date upon which the request for a hearing was
				received.
(2) The student and his
				or her parent(s) or guardian(s) shall have the right to:
(a) Inspect in advance of the hearing any
				documentary and other physical evidence which the school district intends to
				introduce at the hearing;
(b) Be
				represented by legal counsel;
(c)
				Question and confront witnesses, unless a school district witness does not
				appear and the nonappearance of the witness is excused by the person(s) hearing
				the case based upon evidence of good reason for doing so submitted by the
				school district. The evidence submitted by the school district must at a
				minimum establish either:
(i) That the
				district made a reasonable effort to produce the witness and is unable to do
				so; or
(ii) That it is not
				advisable for the student to appear due to an expectation and fear on the part
				of the responsible district official(s) or the student of retaliation against
				the student if he or she appears as a witness.
(d) Present his or her explanation of the
				alleged miscon-duct; and
(e) Make
				such relevant showings by way of witnesses and the introduction of documentary
				and other physical evidence as he or she desires.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EXPULSION › Section 392-400-275 - Expulsion-Conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
A student may be expelled for violation of school district
				  rules adopted pursuant to WAC
				  392-400-225, subject to the
				  following limitations or conditions, the notice requirements set forth in WAC
				  392-400-280, and the hearing
				  requirements set forth in WAC
				  392-400-285:
(1) School districts may not impose expulsion
				as a form of discretionary discipline as defined in WAC
				392-400-205(11).
(2) A student may be excluded from a
				particular classroom or instructional or activity area for the period of
				suspension or expulsion, but the school district must provide an opportunity
				for a student to receive educational services during a period of suspension or
				expulsion.
(3) The nature and
				circumstances of the violation must reasonably warrant the harshness of
				expulsion.
(4) No student shall be
				expelled unless other forms of corrective action reasonably calculated to
				modify his or her conduct have failed or unless there is good reason to believe
				that other forms of corrective action would fail if employed.
(5) An expulsion may not be for an indefinite
				period of time. An expulsion may not exceed the length of an academic term, as
				defined by the school board, from the date of the corrective action unless:
(a) The school petitions the district
				superintendent for an extension; and
(b) The district superintendent authorizes
				the extension in compliance with the superintendent of public instruction's
				rules adopted for this purpose.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EXPULSION › Section 392-400-280 - Expulsion-Notice of hearing-Waiver of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to the expulsion of a student, an
				oral or written notice of an opportunity for a hearing shall be delivered in
				person, or by certified mail to the student and to his or her parent(s) or
				guardian(s). The notice shall:
(a) Be
				provided in the predominant language of a student and/or a parent(s) or
				guardian(s) who predominantly speak a language other than English, in
				accordance with Title VI of the Civil Rights Act of 1964;
(b) Specify the alleged misconduct and the
				school district rule(s) or policy alleged to have been violated;
(c) Set forth the corrective action
				pro-posed;
(d) Set forth the right
				of the student and his or her parent(s) or guardian(s) to a hearing for the
				purpose of contesting the allegation(s); and
(e) Set forth the facts that:
(i) A written or oral request for a hearing
				must be received by the school district employee designated, or by his or her
				office, on or before the expiration of the third school business day after
				receipt of the notice of opportunity for a hearing; and
(ii) If such a request is not received within
				the prescribed period of time, then the right to a hearing may be deemed to
				have been waived and the proposed expulsion may be imposed by the school
				district without any further opportunity for the student or his or her
				parent(s) or guardian(s) to contest the matter. A schedule of "school business
				days" potentially applicable to the exercise of such hearing right should be
				included with the notice; and
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EXPULSION › Section 392-400-285 - Expulsion-Prehearing and hearing process

Current through Register Vol. 24-14, July 15, 2024
(1)
				If a request for a hearing is received pursuant to WAC
				392-400-280 within the required
				three school business days, the school district shall schedule a hearing to
				commence within three school business days after the date upon which the
				request for a hearing was received.
(2) The student and his or her parent(s) or
				guardian(s) shall have the right to:
(a)
				Inspect in advance of the hearing any documentary and other physical evidence
				which the school district intends to introduce at the hearing;
(b) Be represented by legal
				counsel;
(c) Question and confront
				witnesses, unless a school district witness does not appear and the
				nonappearance of the witness is excused by the person(s) hearing the case based
				upon evidence of good reason for doing so submitted by the school district. The
				evidence submitted by the school district must at a minimum establish either:
(i) That the district made a reasonable
				effort to produce the witness and is unable to do so; or
(ii) That it is not advisable for the student
				to appear due to an expectation and fear on the part of the responsible
				district official(s) or the student of retaliation against the student if he or
				she appears as a witness.
(d) Present his or her explanation of the
				alleged miscon-duct; and
(e) Make
				such relevant showings by way of witnesses and the introduction of documentary
				and other physical evidence as he or she desires.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY ACTIONS › Section 392-400-290 - Emergency removal from a class, subject, or activity

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: 2006 c 263. 06-14-009, recodified as
					 § 392-400-290, filed 6/22/06, effective 6/22/06; Order 6-77, §
					 180-40-290, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY ACTIONS › Section 392-400-295 - Emergency expulsionLimitations

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding any other provision of this chapter, a
				  student may be expelled immediately by a school district superintendent or a
				  designee of the superintendent in emergency situations: Provided that the
				  superintendent or des-ignee has good and sufficient reason to believe that the
				  student's presence poses an immediate and continuing danger to students, school
				  staff, or poses an immediate and continuing threat of substantial disruption of
				  the educational process. An emergency expulsion must end or be converted to
				  another form of corrective action within ten school days from the date of the
				  expulsion. A school district must provide notice and due process rights if it
				  converts the emergency expulsion to another form of corrective
				  action.
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-295,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-295, filed 6/22/06, effective 6/22/06; Order 6-77,
					 § 180-40-295, filed 6/2/77, effective
					 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY ACTIONS › Section 392-400-300 - Emergency expulsionNotice of hearingWaiver of hearing right

Current through Register Vol. 24-14, July 15, 2024
(1) The student and
				his or her parent(s) or guardian(s) shall be notified of the emergency
				expulsion of the student and of their opportunity for a hearing either (a) by
				hand delivering written notice to the student's parent(s) or guardian(s) within
				twenty-four hours of the expulsion . School districts must document delivery of
				the notice by obtaining the signature of the parent(s) or guardian(s)
				acknowledging receipt or the written certification of the person making the
				delivery; or (b) by certified letter(s) deposited in the United States mail,
				within twenty-four hours of the expulsion. In addition, if the notice is by
				certified letter, reasonable attempts shall be made to notify the student and
				his or her parent(s) or guardian(s) by telephone or in person as soon as
				reasonably possible. Such written and oral notice shall:
(a) Be provided in the predominant language
				of a student and/or a parent(s) or guardian(s) who predominantly speak a
				language other than English, in accordance with Title VI of the Civil Rights
				Act of 1964;
(b) Specify the
				alleged reasons that the student's presence poses an immediate and continuing
				danger to students, school staff, or poses an immediate and continuing threat
				of substantial disruption of the educational process;
(c) Set forth the date on which the emergency
				expulsion began and will end;
(d)
				Set forth the right of the student and/or his or her par-ent(s) or guardian(s)
				to a hearing for the purpose of contesting the allegation(s) as soon as
				reasonably possible; and
(e) Set
				forth the facts that:
(i) A written or oral
				request for a hearing must be received by the school district employee
				designated, or by his or her office, on or before the expiration of the third
				school business day after receipt of the notice of opportunity for a hear-ing;
				and
(ii) If such a request is not
				received within the prescribed period of time, then the right to a hearing may
				be deemed to have been waived, and the emergency expulsion may be continued, as
				deemed necessary, for up to ten school days from the date of the student's
				emergency removal from school without any further opportunity for the student
				or his or her parent(s) or guardian(s) to contest the matter. A schedule of
				"school business days" potentially applicable to the exercise of such hearing
				right should be included with the notice.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY ACTIONS › Section 392-400-305 - Emergency expulsionPrehearing and hearing process

Current through Register Vol. 24-14, July 15, 2024
(1) If a request for a hearing within the
				required three school business days is received pursuant to WAC
				392-400-300, the school district
				shall immediately schedule and give notice of a hearing to commence as soon as
				reasonably possible and in no case later than the second school business day
				after receipt of the request for hearing.
(2) The student and his or her parent(s) or
				guardian(s) shall have the right to:
(a)
				Inspect in advance of the hearing any documentary and other physical evidence
				which the school district intends to introduce at the hearing;
(b) Be represented by legal
				counsel;
(c) Question and confront
				witnesses, unless a school district witness does not appear and the
				nonappearance of the witness is excused by the person(s) hearing the case based
				upon evidence of good reason for doing so submitted by the school district. The
				evidence submitted by the school district must at a minimum establish either:
(i) That the district made a reasonable
				effort to produce the witness and is unable to do so; or
(ii) That it is not advisable for the student
				to appear due to an expectation and fear on the part of the responsible
				district official(s) or the student of retaliation against the student if he or
				she appears as a witness;
(d) Present his or her explanation of the
				alleged miscon-duct; and
(e) Make
				such relevant showings by way of witnesses and the introduction of documentary
				and other physical evidence as he or she desires.