3241P - Classroom Management, Discipline and Corrective Action

Introduction

The purpose of this student discipline procedure is to implement the District’s student discipline regulation as adopted by the board. These procedures are consistent with the board’s student discipline regulation, as well as all applicable federal and state laws.

Definitions

Behavioral violation means a student’s behavior that violates the District’s discipline Regulations and procedures.
Classroom exclusion means the exclusion of a student from a classroom or instructional or activity area for behavioral violations. 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 the brief duration.
Corrective action means disciplinary and non-disciplinary actions taken by a certificated educator. Non-disciplinary actions include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations.
Culturally responsive has the same meaning as “cultural competency” in RCW 28A.410.270, which states “cultural competency” includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.
Discretionary discipline means a disciplinary action taken by a school district for student behavior that violates rules of student conduct adopted by the board under RCW 28A.600.015(6). Disciplinary action may include, but is not limited to, oral or written reprimands, detention, exclusion from extracurricular activities, denial of classroom privileges, and exclusion from transportation, or written notification to parents of disruptive behavior, a copy of which must be provided to the principal. Discretionary discipline does not include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations.
Disruption of the educational process means interrupting classwork, creating disorder, or invading the rights of a student or group of students.
Emergency removal means the removal of a student from school because 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, subject to the requirements in WAC 392-400-510 through 392-400-530.
Expulsion means a denial of admission to the student’s current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480.
Length of an academic term means the total number of school days in a single trimester or semester, as defined by the school board.
Nondiscretionary discipline means (a) violations of RCW 28A.600.420; (b) an offense listed in RCW 13.04.155; two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period; or behavior that adversely impacts the health or safety of other students or educational staff.
Parent has the same meaning as in WAC 392-172A-01125, and means (a) a biological or adoptive parent of a child; (b) a foster parent; (c) a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the student, but not the state, if the student is a ward of the state; (d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the student lives, or an individual who is legally responsible for the student’s welfare; or a surrogate parent who has been appointed in accordance with WAC 392-172A-05130. If the biological or adoptive parent is attempting to act as the parent and more than one party meets the qualifications to act as a parent, the biological or adoptive parent must be presumed to be the parent unless he or she does not have legal authority to make educational decisions for the student. If a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational decision on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this policy and procedure.
School board means the governing board of directors of the District.
School business day means any calendar day, exclusive of Saturdays, Sundays or any federal, state or school holiday, when the office of the Superintendent is open to the public for business. A school business day concludes upon the closure of the Superintendent’s office for the calendar day.
School day means any day or partial day that students are in attendance at school for instructional purposes.
Suspension means the denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including classroom exclusions, expulsions or emergency removals.
- In-school suspension means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.
- Short-term suspension means a suspension in which a student is excluded from school for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.
- Long-term suspension means a suspension in which a student is excluded from school for more than ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

Staff Authority for Imposition of Discipline

The District’s discipline rules may be enforced by school officials:

On school grounds during and immediately before and after the school day;
During school activities (whether on or off campus);
On school grounds before or after school hours when a school group or school activity is using school grounds;
Off school grounds if the actions of the student materially or substantially affects or interferes with the educational process or otherwise has a sufficient nexus to the school; and
On school transportation or any other place under the authority of District personnel.

The Superintendent will have the authority to discipline, suspend or expel students and to designate which staff members have the authority to initiate or impose discipline.

Principals and their administrative designees, deans and District administrators who have direct control over student programs have the authority to administer short-term suspensions, long-term suspensions, and emergency removals in accordance with this Procedure.

Principals and their administrative designees and District administrators who have direct control over student programs have the authority to recommend expulsion of a student to the Superintendent who will administer the expulsion in accordance with this Procedure.

General Conditions for Discipline

The District will provide for early involvement of parents in efforts to support students in meeting behavioral expectations. The District will make every reasonable attempt to involve the student and parent in the resolution of behavioral violations.
Discipline will not be administered in a manner that would prevent a student from completing subject, grade-level or graduation requirements.
Corporal punishment, which generally is defined as any act that willfully inflicts or willfully causes the infliction of physical pain on a student, is prohibited by state law and District Regulation. See WAC 392-400-825 for actions that are not considered corporal punishment.
No student will be subject to discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to the student.
The District will annually disseminate to students, parents and staff the District’s discipline rules and the written procedures for administering discipline. The District will also, in consultation with staff, students, students’ families, and the community, periodically review and update the District’s Regulations and procedures related to student discipline.
The District will ensure that discipline related documents are in a language the student and parents understand, which may require language assistance for students and parents with limited English proficiency under Title VI of the Civil Rights Act of 1964.

Supporting Students with Other Forms of Discipline

Teachers, administrators, school bus drivers and other designated school employees are authorized to impose other forms of discipline upon a student for violations of the District’s discipline Regulations. As used in this Procedure, other forms of discipline means actions used in response to behavioral violations other than classroom exclusion, suspension, emergency removal or expulsion. Other forms of discipline may include, but are not limited to:

Behavior mentoring
Social skills instruction
Restorative justice practices
Use of de-escalation strategies
Mediation
Behavior agreements
Conference with student and/or parents
Parent contact
Changes to schedule/classes/seating
Detention either before school, during recess and/or after school.
Special assignments
Restriction of school-related activities
Counseling in behavior expectations and potential consequences for behavior violations.
Confiscation of inappropriate items

In addition to the behavioral violations identified in this Procedure, the District may administer other forms of discipline for conduct that does not conform to reasonable standards of acceptable behavior, fails to respect the rights, person or property of others or that negatively affects the learning environment.

Students and parents may challenge the administration of other forms of discipline, including the imposition of after-school detention, using the grievance process in the section below titled Grievance Process for Classroom Exclusions and Other Forms of Discipline.

Classroom Exclusions

A teacher may exclude a student from the teacher’s individual classroom and instructional or activity area while the student is under the teacher’s immediate supervision, subject to the requirements in RCW 28A.600.460. Except in emergency circumstances, a teacher must first attempt one or more alternative forms of corrective action before excluding a student.

A classroom exclusion does not include actions that result in missed instruction for a brief duration when the following apply:

A teacher or other school personnel uses evidence-based classroom management practices outlined in RCW 28A.405.100, RCW 28A.410.260, and RCW 28A.410.270 to support the student in meeting behavioral expectations.
The student remains under the supervision of the teacher or other school personnel consistent with RCW 28A.150.240.

A classroom exclusion may be administered for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. A classroom exclusion that exceeds this time period, and if the student has repeatedly disrupted the learning of other students, consistent with RCW 28A.600.460, may be considered a suspension in accordance with this procedure. In that case, the District must provide for the early involvement of parents in attempts to improve the student’s behavior.

A student may not be removed from school during a classroom exclusion unless the District provides notice and due process for a suspension, expulsion, or emergency removal.

The school will provide the student an opportunity to make up any assignments and tests missed during a classroom exclusion.

Notice and procedure for classroom exclusions

Following the classroom exclusion of a student, the teacher must report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the principal or the principal’s designee as soon as reasonably possible. The principal or designee must report all classroom exclusions, including the behavioral violation that led to it, to the Superintendent. The classroom exclusion must be recorded in a manner consistent with RCW 28A.600.460.

The teacher, principal, or designee will notify the student’s parents of the classroom exclusion as soon as reasonably possible.

Grievance Process for Classroom Exclusions and Other Forms of Discipline

Discipline that may be grieved under this section includes classroom exclusions and other forms of discipline, including detention, removal or suspension from athletic activity or participation and removal or suspension from school-provided transportation.

Any parent or student who is aggrieved by the administration of a classroom exclusion, exclusion from transportation or extracurricular activities, detention, or other discretionary discipline (not including suspensions), has the right to an informal conference with the principal or designee to resolve the grievance. At the informal conference, the student will be given an opportunity to share their perspective and explanation regarding the behavioral violation. There is no appeal beyond this informal conference, and any decision made at such conference is final.

General Conditions for Suspensions and Expulsions

The District’s use of suspension and expulsion will 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.

The District will provide the parents opportunity for involvement to support the student in meeting behavioral expectations and will make every reasonable attempt to involve the student and parents in the resolution of behavioral violations. Additionally, the Superintendent or designee must consider the student’s individual circumstances and the nature and circumstances of the behavioral violation to determine whether the suspension or expulsion, and the length of the exclusion, is warranted.

The principal or designee at each school must report all suspensions and expulsions, including the behavioral violation that led to the suspension or expulsion, to the Superintendent or designee within twenty-four hours after the administration.

An expulsion or suspension of a student may not be for an indefinite period and must have an end date.

After suspending or expelling a student, the District will make reasonable efforts to return the student to the student’s regular educational setting as soon as possible. Additionally, the District must allow the student to petition for readmission at any time.

When administering a suspension or expulsion, the District may deny a student admission to, or entry upon, real and personal property that the District owns, leases, rents, or controls.

The District must provide an opportunity for students to receive educational services during a suspension or expulsion in accordance with WAC 392-400-610.

The District will not suspend or expel a student from school for absences or tardiness.

If the District enrolls a student in another program or course of study during a suspension or expulsion, the District may not preclude the student from returning to the student’s regular educational setting following the end of the suspension or expulsion, unless one of the following applies:

The Superintendent or designee grants a petition to extend a student’s expulsion under WAC 392-400-480;
The student is excluded from the student’s regular educational setting in accordance with WAC 392-400-810; or
Other law precludes the student from returning to their regular educational setting.

Notification of Suspensions or Expulsions of Students Eligible for Special Education

The principal will notify special education staff of any suspensions or expulsions to be imposed on a student who is currently eligible for special education services. To the extent that suspensions or emergency removal may cumulatively or consecutively exceed ten (10) school days, the principal will notify relevant special education administrator(s) so that the District can comply with special education discipline procedures.

In-School and Short-term Suspensions Conditions and limitations

Before administering an in-school or short-term suspension, the District must consider the general conditions and limitations for suspension and expulsions listed above.

For students in kindergarten through fourth grade, the District will not administer in-school or short-term suspension for more than ten cumulative school days during any academic term. For students in grades five through twelve, the District will not administer in-school or short-term suspension for more than fifteen cumulative school days during any single semester, or more than ten cumulative school days during any single trimester. Additionally, the District will not administer a short-term or in-school suspension beyond the school year in which the behavioral violation occurred.

When administering an in-school suspension, school personnel will ensure they are physically in the same location as the student to provide direct supervision during the duration of the in-school suspension. Additionally, school personnel will ensure they are accessible to offer support to keep the student current with assignments and coursework for all the student’s regular subjects or classes.

The types of behavioral violations for which the District may administer a short-term suspension include the following categories of behaviors, among other behavioral violations, including those set forth in RCW 28A.600.015(6)(a)-(d):

Arson
Assault
Being under the influence of drugs, alcohol and mind-altering substances or other violations related to such substances, including possession, sale or delivery
Bomb threats or false alarms that cause a disruption to the school process
Cheating or disclosure of exams
Criminal activity
Defaming another person
Destruction of property
Disruptive conduct, including conduct which knowingly creates a disturbance such as: occupying a school building or school grounds in order to deprive others of its use; blocking the entrance or exit of any school building or room in order to deprive others of passing through; preventing students from attending a class or school activity; blocking normal pedestrian or vehicular traffic on a school campus; interfering seriously with the conduct of any class or activity
Disruptive dress and appearance
Endangering self, other students or staff
Engaging in extortion, blackmail or coercion
Fighting, including instigating, promoting, or escalating a fight, and failure to disperse from a fight, regardless of who initiated the fight.
Forgery
Gang-related activity
Harassment, intimidation or bullying
Lewd conduct
Making false statements or accusations that undermine the health, safety and security of the community
Misuse of internet, network or email or inappropriate use of District computer resources
Refusing to cease prohibited behavior or follow the lawful instructions of school personnel
Sexual misconduct that could constitute sexual assault or harassment
Theft
Threats of violence or to kill another person
Trespassing or refusing to leave when ordered to do so
Verbal abuse
Use, possession, sale or delivery of tobacco substances including, but not limited to, cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, nicotine, electronic smoking/vapor devices and vapor products, non-prescribed inhalers, nicotine delivery devices or chemicals that are not FDA-approved to help people quit using tobacco, devices that produce the same flavor or physical effect of nicotine substances and any other smoking equipment, device, material or innovation
Use of motor vehicles on school property in a way that jeopardizes safety or property
Use or possession of weapons or explosives
Violation of terms of suspension

This list does not reflect all types of behavioral violations for which the District may administer discipline. The District is not required to administer a short-term or in-school suspension for the above behavioral violations, and may administer appropriate discipline as allowed in this Procedure after consideration of the individual circumstances involved.

Long-term Suspensions and Expulsions - Conditions and limitations

The District can administer a long-term suspension only for the behavioral violations set forth in RCW 28A.600.015(6)(a)-(d) if the District has determined that, if the student returns to school before completing a long-term suspension, the student would (1) pose an imminent danger to students or school personnel, or (2) pose an imminent threat of material and substantial disruption of the educational process.

The District can administer an expulsion only for the behavioral violations set forth in RCW 28A.600.015(6)(a)-(d) if the District has determined that, if the student returns to school before completing an expulsion, the student would pose an imminent danger to students or school personnel.

The behavioral violations in RCW 28A.600.015(6)(a)-(d) are as follows:

Having a firearm on school property or school transportation in violation of RCW 28A.600.420.
Any of the following offenses listed in RCW 13.04.155, including:
1. any violent offense as defined in RCW 9.94A.030, including
  1. any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a class A felony;
  2. manslaughter in the first or second degree;
  3. indecent liberties committed by forcible compulsion;
  4. kidnapping in the second degree;
  5. arson in the second degree;
  6. assault in the second degree;
  7. assault of a child in the second degree;
  8. extortion in the first degree;
  9. robbery in the second degree;
  10. drive-by shooting; and
  11. vehicular assault caused by operating or driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner;
2. any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to register as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism; a felony violation of RCW 9A.64.020; a felony violation of chapter 9.68A RCW (other than RCW 9.68A.080); a criminal attempt, solicitation, or conspiracy to commit a sex offense; and any felony conviction or adjudication with a sexual motivation finding;
3. any crime under chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280; or
4. unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW.
Two or more violations of the following within a three-year period:
1. criminal gang intimidation in violation of RCW 9A.46.120:
2. gang activity on school grounds in violation of RCW 28A.600.455;
3. willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and
4. defacing or injuring school property in violation of RCW 28A.635.060.
Any student behavior that adversely impacts the health or safety of other students or educational staff.

As used in this Procedure, the phrase “student behavior that adversely impacts the health or safety of other students or educational staff” includes, but is not limited to, the following examples:

Abusive behavior, lewd conduct, harassment and/or sexual harassment
Assault, threats, extortion, causing physical injury or damage to school property
Behavior that constitutes harassment, intimidation and bullying under Regulation 3207 where such acts adversely impact health and safety of students or staff
Criminal acts
Dangerous weapons, instruments & activities
Fighting
Disruptive conduct
False alarms

Neither a long-term suspension nor an expulsion may exceed the length of an academic term. The District may not administer a long-term suspension or an expulsion beyond the school year in which the behavioral violation occurred.

An expulsion may not exceed the length of an academic term, unless the Superintendent grants a petition to extend the expulsion under WAC 392-400-480.

Firearms exceptions

In accordance with RCW 28A.600.420, 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 Superintendent may modify the expulsion on a case-by-case basis.

A school district may also 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. These provisions do not apply to students while engaged in a district authorized military education; a district authorized firearms convention or safety course; or district authorized rifle competition.

Except for a firearm violation under WAC 392-400-820, the District will not impose a long-term suspension or expulsion for any student in kindergarten through fourth grade.

Initial hearing prior to suspensions and expulsions

Before administering any suspension or expulsion, the principal or designee will 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:

Notice of the student’s violation of the District’s discipline Regulation;
An explanation of the evidence regarding the behavioral violations;
An explanation of the discipline that may be imposed; and
An opportunity for the student to share his/her perspective and provide an explanation regarding the behavioral violation.

At this initial hearing in which the principal or designee is considering administering a short-term or in-school suspension, the principal or designed must provide the student an opportunity to contact their parents.

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

Following the initial hearing, the District will also attempt to notify the student’s parents as soon as reasonably possible regarding the behavioral violation.

Notice of suspension and expulsions

Following the initial hearing, the principal or designee will inform the student of the decision regarding the behavioral violation, including the date on which the suspension will begin and end.

No later than one (1) school business day following the initial hearing, the principal or designee will provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email in a language and form the student and parents will understand. The written notice must include:

A description of the student’s behavior and how the behavior violated the District’s discipline Regulation;
The duration and conditions of the suspension or expulsion, including the dates on which it will begin and end;
An explanation of the District’s decision to administer the suspension or expulsion;
The opportunity to receive educational services during the suspension;
The right to an informal conference with the principal or designee, as set forth below;
The student’s and parents’ right to appeal the suspension or expulsion through the procedures set forth below, including where and to whom the appeal must be requested; and
For any long-term suspension or expulsion, the opportunity for the student and parents to participate in a reengagement meeting.

Long-term Suspensions and Expulsions

Conditions and limitations

The behavioral violations in RCW 28A.600.015(6)(a)-(d) are as follows:

Having a firearm on school property or school transportation in violation of RCW 28A.600.420.
Any of the following offenses listed in RCW 13.04.155, including:
1. any violent offense as defined in RCW 9.94A.030, including
  - any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a class A felony;
  - manslaughter in the first or second degree;
  - indecent liberties committed by forcible compulsion;
  - kidnapping in the second degree;
  - arson in the second degree;
  - assault in the second degree;
  - assault of a child in the second degree;
  - extortion in the first degree;
  - robbery in the second degree;
  - drive-by shooting; and
  - vehicular assault caused by operating or driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner;
2. any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to register as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism; a felony violation of RCW 9A.64.020; a felony violation of chapter 9.68A RCW (other than RCW 9.68A.080); a criminal attempt, solicitation, or conspiracy to commit a sex offense; and any felony conviction or adjudication with a sexual motivation finding;
3. any crime under chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280; or
4. unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW.
Two or more violations of the following within a three-year period:
1. criminal gang intimidation in violation of RCW 9A.46.120:
2. gang activity on school grounds in violation of RCW 28A.600.455;
3. willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and
4. defacing or injuring school property in violation of RCW 28A.635.060.
Any student behavior that adversely impacts the health or safety of other students or educational staff.

Abusive behavior, lewd conduct, harassment and/or sexual harassment
Assault, threats, extortion, causing physical injury or damage to school property
Behavior that constitutes harassment, intimidation and bullying under Regulation 3207 where such acts adversely impact health and safety of students or staff
Criminal acts
Dangerous weapons, instruments & activities
Fighting
Disruptive conduct
False alarms

Before administering a long-term suspension or expulsion, the District must consider other forms of discipline to support the student in meeting behavior expectations, as well as the general conditions and limitations set forth in this Procedure.

Length of exclusion

A long-term suspension may not exceed the length of an academic term. A long-term suspension may not be administered beyond the school year in which the behavioral violation occurred.

An expulsion may not exceed the length of an academic term, unless the Superintendent grants a petition to extend the expulsion per the procedure set forth in the section below titled Petition for Extension of Expulsion. An expulsion may be administered beyond the school year in which the behavioral violation occurs.

Except for violations of WAC 392-400-820 governing firearms, no student in kindergarten through fourth grade will be long-term suspended or expelled.

Firearms exceptions

Any student who is determined to have carried or possessed a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools, will be expelled from school for not less than one year pursuant to RCW 28A.600.420 and WAC 392-400-820 with notification to parents and law enforcement.

The District may suspend or expel any student for up to one year pursuant to RCW 28A.600.420 and WAC 392-400-820 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.

Initial hearing

Before administering a long-term suspension or expulsion, the principal or designee will 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:

Notice of the student’s violation of the District’s discipline Regulation;
An explanation of the evidence regarding the behavioral violation;
An explanation of the discipline that may be administered; and
An opportunity for the student to share his/her perspective and provide an explanation regarding the behavioral violation.

At this initial hearing, the principal or designee must make a reasonable attempt to contact the student’s parents to provide the parents the opportunity to participate in the initial hearing in person or by telephone.

Following the initial hearing, the principal or designee must follow the notice procedures below to inform the student of the decision regarding the behavioral violation.

Notice requirements

Before administering any long-term suspension or non-emergency expulsion, the District must attempt to notify the student’s parents, as soon as reasonably possible, regarding the behavioral violation.

No later than one (1) school business day following the initial hearing described above, the District must provide written notice of the suspension or non-emergency expulsion in person, by mail or by email to the student and to the student’s parent. Such notice will include:

A description of the student’s behavior and how the behavior violated the District’s discipline Regulation;
The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;
The other forms of discipline the District considered or attempted, and an explanation of the District’s decision to administer the suspension or expulsion;
The opportunity to receive educational services during the suspension or expulsion;
The right to an informal conference with the principal or designee, as set forth below;
The student’s and parents’ right to appeal the suspension or expulsion through the procedures set forth below, including where and to whom the appeal must be requested; and
For long-term suspensions or expulsions, the opportunity for the student and parents to participate in a reengagement meeting.

Emergency Removals -Conditions and limitations

The District may immediately remove a student from the student’s current school placement, subject to the following requirements:

The District must have sufficient cause to believe 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.

For purposes of determining sufficient cause for an emergency removal, the phrase “immediate and continuing threat of material and substantial disruption of the educational process” means the student’s behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day.

An emergency removal may not exceed ten consecutive school days. An emergency removal must end or be converted to another form of discipline within ten school days of its start.

If the District converts an emergency removal to a suspension or expulsion, the District must (a) apply any days that the student was emergency removed before the conversion to the total length of the suspension or expulsion; and (b) provide the student and parents with notice and due process rights under WAC 392-400-430 through 392-400-480 appropriate to the new disciplinary action.

All emergency removals, including the reason the student’s presence poses an immediate and continuing danger to other students or school personnel, must be reported to the Superintendent or designee within twenty-four hours after the start of the emergency removal.

Emergency removals - notice

After an emergency removal, the 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.

Within twenty-four (24) hours after an emergency removal, the District will provide written notice to the student and parents in person, by mail, or by email. The written notice must include:

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;
The duration and conditions of the emergency removal, including the date on which the emergency removal will begin and end;
The opportunity to receive educational services during the emergency removal;
The right of the student and parents to an informal conference with the principal or designee; and
The right of the student and parents to appeal the emergency removal, including where and to whom the appeal must be requested.

Appeal and Reconsideration of Suspensions and Expulsions

The following procedures apply to the appeal and review and reconsideration of short-term suspensions, long-term suspensions, expulsions and emergency removals.

Optional informal conference with principal

If a student or the parents disagree with the District’s decision to suspend, expel or emergency expel the student, the student or parents may request an informal conference orally or in writing with the principal or designee to resolve the disagreement.

The principal or designee must hold the conference within three (3) school business days after receiving the request, unless otherwise agreed to by the student and parents.

During the informal conference, the student and parents will have the opportunity to share the student’s perspective and explanation regarding the behavioral violation. For suspensions and non-emergency expulsions, the student and parents also will have the opportunity to confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion, and discuss other forms of discipline that may be administered.

An informal conference will not limit the right of the student or parents to appeal the suspension, expulsion or emergency removal, to participate in a reengagement meeting for long-term suspensions or expulsions, or to petition for readmission.

Appeals of Suspensions and Expulsions to Superintendent or Designee

A student or parents may appeal any suspension, expulsion or emergency removal to the Superintendent or designee orally or in writing.

For suspensions or expulsions, the request for appeal must be made within five (5) school business days from when the District provided the student and parent with written notice of the suspension or expulsion.

For emergency removals, the request for appeal must be made within three (3) school business days from when the District provided the student and parent with written notice of the emergency removal.

When an appeal for suspension or expulsion is pending, the District may continue to administer the suspension or expulsion during the appeal process, subject to the following requirements:

The District may temporarily continue to administer the suspension or expulsion for no more than ten consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier;
The District will apply any days of suspension or expulsion occurring before the appeal is decided to the term of the student’s suspension or expulsion and may not extend the term of the student’s suspension or expulsion; and
If the student returns to school before the appeal is decided, the District will provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student’s return.

Appeal procedures for in-school and short-term suspensions

For an appeal of a short-term suspension, the Superintendent or designee will provide the student and parents the opportunity to share the student’s perspective and explanation regarding the behavioral violation giving rise to the short-term suspension orally or in writing.

The Superintendent or designee must deliver a written appeal decision to the student and parents in person, by mail, or by email within two (2) school business days after receiving the appeal. The written decision must include:

The decision to affirm, reverse, or modify the suspension;
The duration and conditions of the suspension, including the beginning and ending dates;
The educational services the District will offer during the suspension; and
Notice of the student and parents’ right to request review and reconsideration of the appeal decision, including where and to whom to make such a request.

Appeal procedures for long-term suspensions, expulsions and emergency removals

For appeals of long-term suspensions, expulsions and emergency removals, the District will follow the hearing procedures set forth below.

Notice of hearing

The Superintendent or designee will provide the student and parents written notice in person, by mail, or by email, within one (1) school business day after receiving the appeal request, unless the parties agree to a different timeline. Written notice will include:

The time, date, and location of the appeal hearing;
The name(s) of the official(s) presiding over the appeal;
The right of the student and parents to inspect the student’s education records;
The right of the student and parents to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing;
The rights of the student and parents to be represented by legal counsel; question witnesses; share the student’s perspective and explanation; and introduce relevant documentary, physical, or testimonial evidence; and
For long-term suspensions and non-emergency expulsions, whether the District will offer a reengagement meeting before the appeal hearing. The student, parents and District may agree to hold such a meeting and develop a reengagement plan before the appeal hearing and may agree to postpone the appeal hearing while participating in this process.

Timing of hearing

For long-term suspensions or expulsions, the District will hold an appeal hearing within three (3) school business days after the Superintendent or designee received the appeal request, unless otherwise agreed to by the student and parents.

For emergency removals, the District will hold an appeal hearing within two (2) school business days after the Superintendent or designee received the appeal request, unless otherwise agreed to by the student and parents.

Hearing procedures

The appeal hearing shall be conducted by a hearing officer designated by the Superintendent to hear and decide appeals pursuant to this Procedure. The hearing officer will not have been involved in the student’s behavioral violation or decision to suspend or expel the student and will be knowledgeable about the discipline rules and the District’s discipline Regulations and procedures.

Upon request, the student, parents and District may inspect any documentary or physical evidence and list of any witnesses that will be introduced at the appeal hearing. This information shall be made available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

Upon request, the student and parents may review the student’s education records. The District will make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

If a witness for the District cannot or does not appear at the appeal hearing, the presiding official may excuse the witness’ nonappearance if the District establishes that:

The District made a reasonable effort to produce the witness; and
The witness’ failure to appear is excused by fear of reprisal or another compelling reason.

At the hearing, the student and parents have the right to be represented by legal counsel; question witnesses; share the student’s perspective and provide explanation regarding the behavioral violation; and introduce relevant documentary, physical or testimonial evidence.

Recording of hearing

The District will record the appeal hearing by analog, digital or other type of recording device and upon request of the student or parents provide them a copy of the recording.

Hearing decision

For appeals of long-term suspensions or expulsions, the presiding official will provide a written decision to the student and parents in person, by mail, or by email within three (3) school business days after the appeal hearing. The written decision will be based solely on the evidence presented at the hearing and must include:

The findings of fact;
A determination whether (i) the student’s behavior violated district Regulation; (ii) the behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and (iii) the suspension or expulsion is affirmed, reversed, or modified;
The duration and conditions of the suspension or expulsion, including the beginning and ending dates;
Notice of the right of the student and parents to request review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request; and
Notice of the opportunity for a reengagement meeting and contact information for the person who will schedule the meeting.

For emergency removals, the District will provide a written decision to the student and parents in person, by mail, or by email within one (1) school business day after the appeal hearing. The written decision must include:

The findings of fact;
A determination whether the student’s presence continues to pose (i) an immediate and continuing danger to students or school personnel; or (ii) an immediate and continuing threat of material and substantial disruption of the educational process;
Whether the District will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the District converts the emergency removal to a suspension or expulsion, the District will provide the student and parents notice and due process consistent with the disciplinary action to which the emergency removal was converted; and
Notice of the right of the student and parents to request review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request.

Review and Reconsideration by School Board

The student or parents may request that the school board review and reconsider the District’s appeal decision for all suspensions, expulsions and emergency removals. This request may be either orally or in writing.

Timing

For suspensions or expulsions, the student or parents must request review within ten (10) school business days from when the District provided the student and parents with the written appeal decision.

For emergency removals, the student or parents must request a review within five (5) school business days from when the District provided the student and parents with the written appeal decision.

Review process

In reviewing the District’s decision, the school board:

Must consider all documentary and physical evidence related to the behavioral violation; any records from the appeal hearing; relevant state law; and the District’s discipline Regulations and procedures.
May request to meet with the student and parents, the principal, witnesses, and/or school personnel to hear further arguments and gather additional information.
Will render a decision made only by board members who were not involved in (i) the behavioral violation; (ii) the decision to suspend or expel the student; or (iii) the Superintendent or designee’s appeal decision.

Decision

For review of long-term suspension, short-term suspension, or expulsions, the school board will provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify:

Whether the school board affirms, reverses, or modifies the suspension or expulsion;
The duration and conditions of the suspension or expulsion, including the beginning and ending dates of the suspension or expulsion; and
For long-term suspensions and expulsions, notice of the opportunity to participate in a reengagement meeting.

For review of emergency removals, the school board will provide a written decision to the student and parents in person, by mail, or by email within five (5) school business days after receiving the request for review and reconsideration. The written decision must identify:

Whether the school board affirms or reverses the District’s decision that the student’s presence posed (i) an immediate and continuing danger to students or school personnel; or (ii) an immediate and continuing threat of material and substantial disruption of the educational process; and
If the emergency removal has not yet ended or been converted, whether the District will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the District converts the emergency removal to a suspension or expulsion, the District will provide the student and parents notice and due process consistent with the disciplinary action to which the emergency removal was converted.

Petition for Extension of Expulsion

The principal or designee may petition the Superintendent for authorization to exceed the length of an academic term for a student’s expulsion when warranted because of a risk to public health and safety. The petition may be submitted only after the development of a reengagement plan and before the end of the expulsion. For violations of WAC 392-400-820 regarding firearms or instruments that appear to be firearms, the principal or designee may petition to extend an expulsion at any time.

The petition must include:

The behavioral violation that resulted in the expulsion and the public health or safety concerns of the District;
The student’s academic, attendance and discipline history;
Any nonacademic supports and behavioral services the student was offered or received during the expulsion;
The student’s academic progress during the expulsion and the educational services available to the student during the expulsion;
The proposed extended length of the expulsion, which shall not exceed the length of an academic term; and
The student’s reengagement plan.

Notice

The District must provide written notice of the petition in person, by mail or by email to the student and parents within one (1) school business day from the date the Superintendent or designee receives the petition. The written notice must include:

A copy of the petition;
The student’s and parents’ right to an informal conference with the Superintendent or designee to be held within five (5) school business days from the date the District provided written notice to the student and parents; and
The student’s and parents’ right to respond to the petition orally or in writing to the Superintendent or designee within five (5) school business days from the date the District provided written notice.

Within ten (10) school business days after receiving the petition, the Superintendent or designee will deliver a written decision to the principal, the student and the student’s parents in person, by mail or by email indicating whether the petition is granted or denied. The Superintendent or designee may grant the petition only if there is substantial evidence that, if the student was to return to the student’s previous school placement after the length of an academic term, the student would pose a risk to public health or safety.

If the Superintendent or designee does not grant the petition, the written decision must identify the date when the expulsion will end.

If the Superintendent or designee grants the petition, the written decision must include:

The date on which the extended expulsion will end;
The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and
Notice of the right of the student and parents to request a review and reconsideration. The notice will include where and to whom to make such a request.

If the petition is granted, within ten (10) school business days of receipt of the written decision, the student and/or parents may request the school board review and reconsider the decision to extend the expulsion. This request may be made orally or in writing. The school board may request to meet with the student or parents or the principal to hear further arguments and gather additional information. The decision of the school board may be made only by board members who were not involved in the behavioral violation, the decision to expel the student, or the appeal decision.

The school board will provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify

Whether the school board or discipline appeal council affirms, reverses, or modifies the decision to extend the student’s expulsion; and
The date when the extended expulsion will end.

The District will report the number of petitions submitted, approved and denied to the Office of the Superintendent of Public Instruction annually.

Educational Services

During a suspension, expulsion, or emergency removal, the District will provide the student with the opportunity to receive educational services that enable the student to continue to participate in the general education curriculum, meet the District’s educational standards and complete subject, grade-level, and graduation requirements.

In providing the opportunity to receive these services, the District will consider: (a) meaningful input from the student, parents, and student’s teacher(s); (b) whether the student’s regular educational services include English language development services, special education services, 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 (c) access to any necessary technology, transportation, or resources the student needs to participate in the educational services.

The District may provide educational services 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.

As soon as reasonably possible after administering a suspension or expulsion, the District will provide written notice to the student and parents in person, by mail, or by email that includes:

A description of the educational services that will be provided; and
The name and contact information for the school personnel who can offer support to keep the student current with assignments and course work.

For suspensions or emergency removals for up to five consecutive school days, the District will provide:

Course work, including any assigned homework, from the student’s regular subjects or classes;
Access to school personnel who can offer support to keep the student current with assignments and course work for the student’s regular subjects or classes; and
An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal.

For suspensions or emergency removals for six to ten consecutive school days, the District will provide:

Course work, including any assigned homework, from the student’s regular subjects or classes;
Access to school personnel who can offer support to keep the student current with assignments and course work for the student’s regular subjects or classes. School personnel will make a reasonable attempt to contact the student or parents within three business days after the suspension or expulsion begins to:
- Coordinate the delivery and grading of course work between the student and the student’s teacher(s) at a frequency that would allow the student to keep current with assignments and course work for the student’s regular subjects or classes; and
- Communicate with the student, parents, and the student’s teacher(s) about the student’s academic progress.
An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal.

For suspensions or expulsions for more than ten consecutive school days, the District will provide educational services in accordance with WAC 392-121-107.

Reengagement Meeting and Plan

After imposing a long-term suspension or expulsion, the District will contact the student and parents to schedule a time and location for a reengagement meeting to discuss a plan to reengage the student.

A reengagement meeting must be held: (a) within twenty (20) calendar days of the start of the student’s long-term suspension or expulsion, but no later than five (5) 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.

The District will collaborate with the student and parents to develop a culturally sensitive and culturally responsive reengagement plan tailored to the student’s individual circumstances to support the student in successfully returning to school.

In developing the reengagement plan, the District will consider:

The nature and circumstances of the incident that led to the student’s suspension or expulsion;
As appropriate, the student’s cultural history and context, family cultural norms and values, community resources, and community and parent outreach;
Shortening the length of time that the student is suspended or expelled;
Providing academic and nonacademic supports that aid in the student’s academic success and keep the student engaged and on track to graduate; and
Supporting the student, parents or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring.

The District will document the reengagement plan and provide a copy of the plan to the student and parents. The District must ensure that both the reengagement meeting and the reengagement plan are in a language the student and parents understand. A reengagement meeting does not replace an appeal hearing or a petition for readmission.

Readmission Application Process

The readmission process is different from and does not replace the appeal process.

Any student who has been suspended or expelled will be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which they have been suspended or expelled, the student will submit a written application to the District executive director for the student’s appropriate grade level, who will recommend admission or non-admission and any conditions for readmission. If a student wishes admission to another school, they will submit the written application to the Superintendent. The application will include:

Reasons the student wants to return and why the request should be considered;
Evidence that supports the request and addresses reasonable requirements established by the District as part of the reengagement process; and
A supporting statement from the parent or others who may have assisted the student.

The Superintendent or designee will advise the student and parents of the decision within seven (7) school days of the receipt of such application.

Behavior Agreements

The District may enter into behavior agreements with students and parents in response to behavior violations, including agreements to reduce the length of a suspension conditioned on participation in treatment services, agreements in lieu of suspension or expulsion or agreements holding a suspension or expulsion in abeyance. The duration of a behavior agreement may not exceed the length of an academic term.

A behavior agreement does not waive a student’s opportunity to participate in a reengagement meeting or to receive educational services during a suspension, expulsion or emergency removal.

Entering into a behavior agreement with students and parents does not preclude the District from administering discipline for behavioral violations that occur after the agreement is entered.

Exceptions for Purposes of Protecting Victims

In accordance with RCW 28A.600.460, the District may preclude a student from returning to his/her regular educational setting following the end of a suspension or expulsion for the purpose of protecting victims of certain offenses, as follows:

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

Last Revised:

11/10/2025

Related Regulation:

3241