Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › LONG-TERM SUSPENSION › Section 392-400-260 - Long-term suspension-Conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
A long-term suspension may be imposed upon a student for
				  violation of school district rules adopted pursuant to WAC
				  392-400-225, subject to the
				  following limitations or conditions and the notice requirements set forth in
				  WAC 392-400-265 and the hearing
				  requirements set forth in WAC
				  392-400-270:
(1) School districts may not impose long-term
				suspension 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, but the school district must provide an opportunity for a student
				to receive educational services during a period of suspension.
(3) The nature and circumstances of the
				violation must be considered and must reasonably warrant a long-term suspension
				and the length of the suspension imposed. This requirement does not preclude
				the boards of directors of school districts from establishing the nature and
				extent of the corrective actions which, as a general rule, must be imposed as a
				consequence of proscribed misconduct. Such advance notice to students is
				advisable, and the imposition of such preestablished corrective action is
				permissible as long as (a) disciplinarians and hearing officers are allowed to
				grant exceptions in cases involving extenuating or exceptional circumstances,
				and (b) long-term suspension is not established as the corrective action for a
				student's first time offense other than for offenses involving exceptional
				misconduct as defined in subsection (4) of this section.
(4) As a general rule, no student shall be
				suspended for a long term unless another form of corrective action reasonably
				calculated to modify his or her conduct has previously been imposed upon the
				student as a consequence of misconduct of the same nature. A school district
				may, however, elect to adopt rules providing for the immediate resort to
				long-term suspension in cases involving exceptional misconduct as long as
				disciplinarians and hearing officers are allowed to grant exceptions in cases
				involving extenuating or exceptional circumstances, notwithstanding the fact
				prior alternative corrective action has not been imposed upon the student(s)
				involved. For the purpose of this rule, "exceptional misconduct" means
				misconduct other than absenteeism which a school district has judged following
				consultation with an ad hoc citizens committee to (a) be of such frequent
				occurrence, notwithstanding past attempts of district staff to control such
				misconduct through the use of other forms of corrective action, as to warrant
				an immediate resort to long-term suspension, or (b) be so serious in nature or
				so serious in terms of the disruptive effect upon the operation of the
				school(s) as to warrant an immediate resort to long-term suspension. The ad hoc
				citizens committee required by this section shall be composed of three or more
				persons chosen by the school district or the administrative designee(s) of the
				district, and shall be constituted with the intent and purpose of representing
				various socioeconomic, minority and majority populations of the school district
				to the extent deemed practical.
(5)
				No student in grades kindergarten through four shall be subject to long-term
				suspension during any single semester or trimester, as the case may be, and no
				loss of academic grades or credit shall be imposed by reason of the suspension
				of such a student.
(6) No single
				long-term suspension shall be imposed upon a student in the grade five and
				above program in a manner which causes the student to lose academic grades or
				credit for in excess of one semester or trimester, as the case may be, during
				the same school year.
(7) Any
				student who has been suspended shall be allowed to make application for
				readmission at any time. Each school district board of directors shall adopt
				written rules which provide for such an application for readmission and set
				forth the procedures to be followed.
(8) All long-term suspensions and the reasons
				therefor shall be reported in writing to the superintendent of the school
				district or his or her designee within twenty-four hours after the imposition
				of the suspension.
Statutory Authority:
					 RCW
					 28A.305.160. 07-04-048, § 392-400-260,
					 filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. 06-14-009,
					 recodified as § 392-400-260, filed 6/22/06, effective 6/22/06. Statutory
					 Authority:
					 RCW
					 28A.305.160. 97-08-019, § 180-40-260,
					 filed 3/25/97, effective 4/25/97. Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 97-01-047, §
					 180-40-260, filed 12/12/96, effective 1/12/97. Statutory Authority: 1990 c 33.
					 90-17-009, § 180-40-260, filed 8/6/90, effective 9/6/90. Statutory
					 Authority: RCW 28A.04.132. 85-12-042 (Order 14-85), § 180-40-260, filed
					 6/5/85. Statutory Authority: 1979 1st ex.s. c 173 and c 201. 79-11-049 (Order
					 14-79), § 180-40-260, filed 10/16/79; Order 6-77, § 180-40-260, filed
					 6/2/77, effective 8/1/77.