reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › APPEALS › Section 392-400-310 - AppealsLong-term suspension and expulsion

Current through Register Vol. 24-14, July 15, 2024
Appeals from decisions rendered pursuant to WAC
				  392-400-270,
				  392-400-285 and
				  392-400-305 which impose either a
				  long-term suspension or an expulsion upon a student shall be governed as
				  follows:
(1) Any school district board
				of directors may delegate its authority to hear and decide long-term suspension
				and expulsion appeals to a school district disciplinary appeal council
				established by the board. School district disciplinary appeal councils shall be
				appointed by the school district board of directors for fixed terms and shall
				consist of not less than three persons.
(2) If the case was not heard and decided by
				the school district board of directors or school district disciplinary appeal
				council, the student and his or her parent(s) or guard-ian(s) shall have the
				right to appeal the decision to the board of directors or the disciplinary
				appeal council. Notice indicating that the student or his or her parent(s) or
				guardian(s) desire to appeal the decision shall be provided to either the
				office of the school district superintendent or to the office of the person who
				rendered the decision within three school business days after the date of
				receipt of the decision. The notice of appeal shall be accepted in writing or
				orally.
(3) If an appeal is not
				taken to the board of directors or disciplinary appeal council within the
				required three school business day period, the suspension or expulsion decided
				upon may be imposed as of the calendar day following expiration of the three
				school business day period.
(4) If
				a timely appeal is taken to the board of directors or disciplinary appeal
				council, the suspension or expulsion may be imposed during the appeal period
				subject to the following conditions and limitations:
(a) A long-term suspension or nonemergency
				expulsion may be imposed during the appeal period for no more than ten
				consecutive school days or until the appeal is decided, whichever is the
				shortest period;
(b)
Any days that a student is temporarily suspended or expelled
				  before the appeal is decided shall be applied to the term of the student's
				  suspension or expulsion and shall not limit or extend the term of the student's
				  suspension or expulsion; and
(c) Any student subjected to a temporary
				suspension who returns to school before the appeal is decided shall be provided
				the opportunity upon his or her return to make up assignments and tests missed
				by reason of the suspension if:
(i) Such
				assignments or tests have a substantial effect upon the student's semester or
				trimester grade or grades; or
(ii)
				Failure to complete such assignments or tests would preclude the student from
				receiving credit for the course or courses.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › APPEALS › Section 392-400-315 - Appeals - Hearing before school board or disciplinary appeal council - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) If a notice
				of appeal to the school board of directors or school district disciplinary
				appeal council is received pursuant to WAC
				392-400-310(2) 
				within the required three school business days, the board or council shall
				schedule and hold an informal conference to review the matter within ten school
				business days after the date of receipt of such appeal notice. The purpose of
				the meeting shall be to meet and confer with the parties in order to decide
				upon the most appropriate means of disposing of the appeal as provided for in
				this section. At that time the student or the student's parent(s) or
				guardian(s) or legal counsel shall be given the right to be heard and shall be
				granted the opportunity to present such witnesses and testimony as the board or
				council deems reasonable. The board or council shall agree to one of the
				following procedures prior to adjournment or recess:
(a) Study the hearing record or other
				material submitted and render its decision within ten school business days
				after the date of the informal conference, or
(b) Schedule and hold a meeting to hear
				further arguments based on the record before the board or council and render
				its decision within fifteen school business days after the date of the informal
				conference, or
(c) Schedule and
				hold a meeting within ten school business days after the date of the informal
				conference for the purpose of hearing the case de novo.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › APPEALS › Section 392-400-317 - Appeals - Discipline and short-term suspension grievances

Current through Register Vol. 24-14, July 15, 2024
Any school district board of directors may delegate its
				  authority to hear and decide discipline and short-term suspension grievance
				  appeals filed pursuant to WAC
				  392-400-240 and 392-400-253 to a
				  school district disciplinary appeal council established pursuant to WAC
				  392-400-310(1).
Statutory Authority: RCW 28A.305.160. 07-04-048, §
					 392-400-317, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263.
					 06-14-009, recodified as § 392-400-317, filed 6/22/06, effective 6/22/06.
					 Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 96-15-098, §
					 180-40-317, filed 7/22/96, effective
					 8/22/96.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › APPEALS › Section 392-400-320 - School board or disciplinary appeal council decisions

Current through Register Vol. 24-14, July 15, 2024
Any decision by a school board of directors or school
				  district disciplinary appeal council pursuant to this chapter to impose or to
				  affirm, reverse, or modify the imposition of discipline, suspension, or
				  expulsion upon a student shall be made:
(1) Only by those board or council members
				who have heard or read the evidence.
(2) Only by those board or council members
				who have not acted as a witness in the matter.
(3) Only at a meeting at which a quorum of
				the board or council is present and by majority vote.
Statutory Authority: 2006 c 263. 06-14-009, recodified as
					 § 392-400-320, filed 6/22/06, effective 6/22/06. Statutory Authority:
					 RCW
					 28A.305.160 and 1996 c 321. 96-15-098, §
					 180-40-320, filed 7/22/96, effective 8/22/96; Order 6-77, § 180-40-320,
					 filed 6/2/77, effective 8/1/77.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › APPEALS › Section 392-400-325 - Statewide definition of excused and unexcused daily absences

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.300.046. 12-17-051, § 392-400-325,
					 filed 8/9/12, effective 9/9/12.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › CLASSROOM EXCLUSIONS › Section 392-400-330 - Classroom exclusions-Conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority to administer classroom
				exclusions.
(a)
Teacher
				authority.
A teacher may exclude a student from the teacher's classroom
				or instructional or activity area for behavioral violations that disrupt the
				educational process while the student is under the teacher's immediate
				supervision, subject to the requirements in this section and WAC
				392-400-335.
(b)
Other school personnel
				authority.
A school district may authorize other school personnel to
				exclude a student from a classroom or instructional or activity area for
				behavioral violations of the district's discipline policy adopted under WAC
				392-400-110 or
				392-400-225, subject to the
				requirements in this section and WAC
				392-400-335.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › CLASSROOM EXCLUSIONS › Section 392-400-335 - Classroom exclusion-Notice and procedure

Current through Register Vol. 24-14, July 15, 2024
Following a classroom exclusion under WAC
				  392-400-330:
(1)
Notice to principal.
The
				teacher or other school personnel must report the classroom exclusion,
				including the behavioral violation that led to the classroom exclusion, to the
				principal or designee as soon as reasonably possible.
(2)
Notice to parents.
The
				teacher, principal, or designee must notify the student's parents regarding the
				classroom exclusion as soon as reasonably possible. The school district must
				ensure that this notification is in a language the parents understand, which
				may require language assistance for parents with limited-English proficiency
				under Title VI of the Civil Rights Act of 1964.
(3)
Emergency circumstances.
When a teacher or school personnel administers a classroom exclusion on the
				grounds that the student's presence poses an immediate and continuing danger to
				other students or school personnel, or an immediate and continuing threat of
				material and substantial disruption of the educational process:
(a) The teacher or other school personnel
				must immediately notify the principal or designee; and
(b) The principal or designee must meet with
				the student as soon as reasonably possible and administer appropriate
				discipline.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-410 - Appeal for extension of an expulsion

Current through Register Vol. 24-14, July 15, 2024
When warranted because of risk to the public health and
				  safety, the principal or the principal's designee may petition the district's
				  superintendent for authorization to exceed the academic term limitation on an
				  expulsion. The superintendent may exercise his/her discretion to grant the
				  petition in limited circumstances, on a case-by-case basis, so long as there is
				  evidence that, if the student were to return at or before the length of an
				  academic term, as defined by the school board, he/she would pose a risk to
				  public health or safety.
(1) The
				petition to exceed the academic term limit shall include, at least, the
				following:
(a) A detailed description of the
				student's misconduct, the school rules which were violated, and the public
				health and/or safety concerns of the district;
(b) A detailed description of the student's
				academic, attendance, and discipline history, if any;
(c) A description of the lesser forms of
				corrective actions which were considered and reasons why those were
				rejected;
(d) A description of all
				alternative learning experiences, vocational programs, and/or other educational
				services which may be available to the student;
(e) The proposed extended length of the
				expulsion;
(f) Identification of
				special education services or accommodations pursuant to Section 504 of the
				Rehabilitation Act of 1973, if appropriate; and
(g) A proposed date for the reengagement
				meeting.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-430 - Suspensions and expulsions- General conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
A school district may administer suspensions and expulsions
				  for behavioral violations, subject to the following requirements:
(1)
Parent involvement.
A school
				district must:
(a) Provide for early
				involvement of parents in efforts to support students in meeting behavioral
				expectations; and
(b) Must make
				every reasonable attempt to involve the student and parents in the resolution
				of behavioral violations.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-435 - Short-term and in-school suspensions-Additional conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-440 - Long-term suspensions-Additional conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
(1)
Other
				forms of discipline.
Before administering a long-term suspension, a
				school district must consider 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)
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-445 - Expulsions-Additional conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
(1)
Other forms of discipline.
Before administering an expulsion, a school district must consider 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)
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-450 - Suspensions and expulsions-Initial hearing with student

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-455 - Suspensions and expulsions-Notice to student and parents

Current through Register Vol. 24-14, July 15, 2024
(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 reengagement
				meeting under WAC
				392-400-710.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-460 - Suspensions and expulsions-Optional conference with principal

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-465 - Suspensions and expulsions- Appeal

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-470 - Suspensions and expulsions-Review and reconsideration

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-475 - Discipline appeal council

Current through Register Vol. 24-14, July 15, 2024
A school board may designate a discipline appeal council to
				  hear and decide appeals under WAC
				  392-400-465 or to review and
				  reconsider the district's appeal decisions under WAC
				  392-400-470. A discipline appeal
				  council must consist of at least three persons appointed by the school board
				  for fixed terms. All members of the discipline appeal council must be
				  knowledgeable about the rules in this chapter and of the school district's
				  discipline policies and procedures.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › SUSPENSIONS AND EXPULSIONS › Section 392-400-480 - Petition to extend expulsion

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition.
When risk to public health or safety warrants extending
				a student's expulsion, the principal or designee may petition the school
				district superintendent or designee for authorization to exceed the academic
				term limitation on an expulsion. The petition must inform the superintendent or
				designee of:
(a) The behavioral violation
				that resulted in the expulsion and the public health or safety
				concerns;
(b) The student's
				academic, attendance, and discipline history;
(c) Any nonacademic supports and behavioral
				services the student was offered or received during the expulsion;
(d) The student's academic progress during
				the expulsion and the educational services available to the student during the
				expulsion;
(e) The proposed
				extended length of the expulsion; and
(f) The student's reengagement
				plan.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY EXPULSIONS › Section 392-400-510 - Emergency expulsions-Conditions and limitations

Current through Register Vol. 24-14, July 15, 2024
A school district may immediately remove a student from the
				  student's current school placement, subject to the following
				  requirements:
(1)
Sufficient
				cause.
The school district must have sufficient cause to believe that
				the student's presence poses:
(a) An
				immediate and continuing danger to other students or school personnel;
				or
(b) An immediate and continuing
				threat of material and substantial disruption of the educational
				process.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY EXPULSIONS › Section 392-400-515 - Emergency expulsions-Notice to student and parents

Current through Register Vol. 24-14, July 15, 2024
(1)
Initial notice.
After an
				emergency expulsion, the school district must attempt to notify the student's
				parents, as soon as reasonably possible, regarding the reason the district
				believes the student's presence poses an immediate and continuing danger to
				other students or school personnel, or an immediate and continuing threat of
				material and substantial disruption of the educational process.
(2)
Written notice.
Within
				twenty-four hours after an emergency expulsion, a school district must provide
				written notice of the emergency expulsion to the student and parents in person,
				by mail, or by email. The written notice must include:
(a) The reason the student's presence poses
				an immediate and continuing danger to students or school personnel, or poses an
				immediate and continuing threat of material and substantial disruption of the
				educational process;
(b) The
				duration and conditions of the emergency expulsion, including the dates on
				which the emergency expulsion will begin and end;
(c) The opportunity to receive educational
				services during the emergency expulsion under WAC
				392-400-610;
(d) The student's and parents' right to an
				informal conference with the principal or designee under WAC
				392-400-520; and
(e) The student's and parents' right to
				appeal the emergency expulsion under WAC
				392-400-525, including where and
				to whom the appeal must be requested.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY EXPULSIONS › Section 392-400-520 - Emergency expulsions-Optional conference with principal

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting a conference.
If
				a student or the parents disagree with the school district's decision to
				administer an emergency expulsion, 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 students and parents the opportunity to share the
				student's perspective and explanation regarding the events that led to the
				emergency expulsion.
(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 emergency
				expulsion under WAC
				392-400-525.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY EXPULSIONS › Section 392-400-525 - Emergency expulsions-Appeal

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting an appeal.
A student or the parents may appeal an
				emergency 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 an
				emergency expulsion. Appeal time limits must be no less than three school
				business days from the date the school district provides the written notice of
				the emergency expulsion.
(3)
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:
(a) The
				time, date, and location of the appeal hearing;
(b) The name(s) of the official(s) presiding
				over the appeal;
(c) The student's
				and parents' rights to inspect the student's education records under subsection
				(6) of this section;
(d) 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
				subsection (6) of this section; and
(e) The student's and parents' rights under
				subsection (7) of this section.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EMERGENCY EXPULSIONS › Section 392-400-530 - Emergency expulsions-Review and reconsideration

Current through Register Vol. 24-14, July 15, 2024
(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
				392-400-525. 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 five school
				business days from the date the school district provided the written appeal
				decision to the student and parents under WAC
				392-400-525.
(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 events that led to the
				emergency expulsion, any records from the appeal under WAC
				392-400-525, relevant state law,
				and the 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 events that led to the emergency
				expulsion, the decision to emergency expel the student, or the appeal decision
				under WAC
				392-400-525. If the discipline
				appeal council presided over the appeal under WAC
				392-400-525, the decision must be
				made by the school board.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › EDUCATIONAL SERVICES › Section 392-400-610 - Educational services during suspension, expulsion, or emergency expulsion

Current through Register Vol. 24-14, July 15, 2024
(1)
Educational services.
(a) A
				school district may not suspend the provision of educational services to a
				student in response to behavorial violations.
(b) During the suspension, expulsion, or
				emergency expulsion of a student, a school district must provide the student
				the opportunity to receive educational services. The educational services must
				enable the student to:
(i) Continue to
				participate in the general education curriculum;
(ii) Meet the educational standards
				established within the district; and
(iii) Complete subject, grade-level, and
				graduation requirements.
(c) When providing a student the opportunity
				to receive educational services under this section, the school district must
				consider:
(i) Meaningful input from the
				student, parents, and the student's teachers;
(ii) Whether the student's regular
				educational services include English language development services, special
				education, accommodations and related services under Section 504 of the
				Rehabilitation Act of 1973, or supplemental services designed to support the
				student's academic achievement; and
(iii) Access to any necessary technology,
				transportation, or resources the student needs to participate fully in the
				educational services.
(d) A school district may provide educational
				services to the student in an alternative setting or modify the suspension or
				expulsion on a case-by-case basis. An alternative setting should be comparable,
				equitable, and appropriate to the regular educational services a student would
				have received without the exclusionary discipline. Example alternative settings
				include alternative high schools, one-on-one tutoring, and online
				learning.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › REENGAGEMENT › Section 392-400-710 - Student reengagement after long-term suspension or expulsion

Current through Register Vol. 24-14, July 15, 2024
(1)
Reengagement meeting.
When a school district administers a
				long-term suspension or expulsion, the district must convene a reengagement
				meeting with the student and parents to discuss a plan to reengage the student.
				Before convening a reengagement meeting, a school district must communicate
				with the student and parents to schedule the meeting time and location. The
				reengagement 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 reengagement
				meeting.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-805 - Fundamental rights

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-810 - Exceptions for the purpose of protecting victims

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-815 - Behavior agreements

Current through Register Vol. 24-14, July 15, 2024
(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)
Reengagement meetings and
				educational services.
A school district must ensure that a behavior
				agreement does not waive a student's opportunity to participate in a
				reengagement 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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-820 - Firearm exceptions

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-825 - Corporal punishment, restraint, and isolation

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-400 - Student discipline › ADDITIONAL DUE PROCESS PROTECTIONS › Section 392-400-830 - School meals

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to:
(1) Define student absence for school
			 districts in order to support accurate and consistent attendance data
			 collection across the state; and
(2) Establish the minimum criteria of a
			 multitiered system of support for attendance that each school district must
			 implement in order to address barriers to student attendance, provide timely
			 interventions and best practices to reduce chronic absenteeism and truancy as
			 required under chapter 28A.225 RCW.
Attendance data is timely, actionable, and measures when a
				student has accessed instruction. Attendance data highlights the inequities in
				our systems and signals areas for system and school improvement. Attendance
				data also signals to adults when students might need additional support.
These rules support the state and school districts to address
				the challenge of chronic absenteeism, improve learning outcomes and success in
				school for all students and support the whole child.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The authority for this chapter is
				RCW
				28A.300.046, which requires the
				superintendent of public instruction to adopt rules establishing a standard
				definition of student absence from school. Additional authority for this
				chapter is in chapter 28A.225 RCW, which requires the superintendent of public
				instruction to adopt rules pertaining to required actions on the part of school
				districts to address barriers to student attendance and
				truancy.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-011 - Scope and application

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to common school districts, charter public schools, and state-tribal
			 education compact schools.
(2) This
			 chapter does not apply to students enrolled in an alternative learning
			 experience and claimed for state funding pursuant to WAC
			 392-121-182.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-012 - General definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 "Asynchronous instruction" means instruction prepared by a certificated teacher
			 that occurs away from the physical school setting without two-way interactive
			 communication.
(2) "In-person
			 instruction" is when instructional activity is planned and delivered under the
			 supervision of school district staff and on school grounds.
(3) "Parent" has the same meaning as in WAC
			 392-172A-01125.
(4) "Synchronous online instruction" means
			 scheduled real-time instruction between the student and a certified teacher or
			 a district staff supervised by a certified teacher that provides opportunities
			 for live two-way interactive communication online.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-015 - Definition of absence from in-person instruction

Current through Register Vol. 24-14, July 15, 2024
A student is absent from in-person instruction when the
				student is:
(1) Not physically present
			 on school grounds; and
(2) Not
			 participating in the following activities at an approved location:
(a) Instruction; or
(b) Any instruction-related activity;
			 or
(c) Any other district or school
			 approved activity that is regulated by an instructional/academic accountability
			 system, such as participation in district-sponsored sports.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-401 - Statewide definition of absence, excused and unexcused › Section 392-401-016 - Definition of absence from synchronous and asynchronous instruction

Current through Register Vol. 24-14, July 15, 2024
(1) A student is
			 absent from synchronous online instruction when the student does not log in to
			 the synchronous meeting/class.
(2)
			 A student is absent from asynchronous instruction when there is no evidence
			 that the student accessed the planned asynchronous activity.
(3) Evidence of student participation in
			 asynchronous activities must occur daily, within a twenty-four-hour time frame
			 of when the participation is planned or expected.