3241P - Classroom Management, Discipline and Corrective Action

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.
• Culturally responsive has the same meaning as “cultural competency” in RCW 28A.410.270.
• Discipline means any action taken by the District in response to behavioral violations.
• 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 staff or an immediate and continuing threat of substantial disruption of the educational process, subject to the requirements below.
• Expulsion means a denial of admission to a student’s current school placement in response to a behavioral violation, subject to the requirements below.
• Length of an academic term means the total number of school days in a single trimester or semester, as defined by the school board.
• Parent has the same meaning as in WAC 392-172A-01125.
• 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 (10) consecutive school days.
• Short-term suspension means a suspension for any portion of a calendar day for up to ten (10) consecutive school days.
• Long-term suspension means a suspension that exceeds ten (10) consecutive school days. ​

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 classroom or instructional or activity area when the student commits a behavioral violation while under the teacher’s supervision that disrupts the educational process, subject to the requirements in this Procedure. 

All principals and their administrative designees, deans, school security officers and District administrators are authorized to exclude a student from a classroom or instructional or activity area for behavioral violations that violate the District’s discipline Regulation subject to the requirements in this Procedure.

Unless 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, the teacher or other school personnel must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations, which may include the examples in the section above titled Supporting Students with Other Forms of Discipline.

A classroom exclusion may last for all or any portion of the balance of the school day in which the student was excluded. If the student is excluded for longer than the balance of the school day, the District will provide notice and due process for a suspension, expulsion or emergency removal, as appropriate. 

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

Notice and procedure for classroom exclusions

The teacher or other school personnel will report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the principal or designee as soon as reasonably possible. The teacher, principal, or designee will notify the student’s parents of the classroom exclusion as soon as reasonably possible.

When a teacher or school personnel administers a classroom exclusion 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:

• The teacher or school personnel will immediately notify the principal or designee; and
• The principal or designee will meet with the student as soon as reasonably possible and administer appropriate discipline.

The District will address student and parent grievances regarding classroom exclusion through the grievance procedure set forth in the section below titled Grievance Process for Classroom Exclusions and Other Forms of Discipline.

Grievance Process for Classroom Exclusions and Other Forms of Discipline

Any student or parent who is aggrieved by a classroom exclusion and/or the imposition of discipline other than suspensions and expulsions has the right to an informal conference with the building principal or designee for the purpose of attempting to resolve the grievance. Such request must be made within ten (10) school business days of the imposition of the other form of discipline or classroom exclusion.  The employee who imposed the discipline will be notified of the initiation of such a grievance as soon as reasonably possible.

During the conference, the student and parent will have the opportunity to share the student’s perspective and explanation regarding the behavioral violation.  Staff members will have the opportunity to respond to the issues and questions related to the grievance.  The student and parents will be subject to questioning by the principal or designee and shall be entitled to question school personnel involved in the matter being grieved.

If the grievance is not resolved after the informal conference, the parents and student may present a written or oral grievance to the Superintendent or designee.  The grievance must be presented to the Superintendent or designee within five (5) school business days following the informal conference.  The Superintendent or designee will notify the student and the student's parents in writing of their decision within ten (10) school business days of receiving the grievance.

Use of this grievance process will not impede or postpone the disciplinary action unless the principal or Superintendent elects to postpone such action.

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.

General Conditions for Suspensions and Expulsions

• No student will be expelled, suspended or disciplined in any manner for the performance of or failure to perform any act not related to the orderly maintenance and operation of the school or school-sponsored activities or any other aspect of the educational process, 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.
• Before administering a suspension or expulsion, the Superintendent or designee will 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.
•  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.  Students may petition for readmission at any time.
• Students may not be suspended or expelled from school for absence or tardiness.
• Principals will report all suspensions and expulsions and the reasons therefor to the Superintendent or designee within twenty-four (24) hours after the imposing the suspension.
• 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.

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 first attempt one or more other forms of discipline to support the student in meeting behavior expectations, which may include the examples set forth above in the section titled Supporting Students with Other Forms of Discipline.  

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.

Duration

A short-term or in-school suspension may not be administered beyond the school year in which the behavioral violation occurred.

No student in grades kindergarten through fourth grade shall be subject to short-term suspension for more than a total of ten (10) cumulative school days during any single semester or trimester.

No student in fifth grade and above shall be subject to short-term suspension for more than a total of fifteen (15) cumulative school days during any single semester or ten (10) cumulative school days during any single trimester.

In-school suspension

When administering an in-school suspension, school personnel must 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 must ensure they are accessible to offer support to keep the student current with assignments and course work for the student’s regular subjects or classes.

Initial hearing prior to suspension

Before administering an in-school or short-term suspension, 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 short-term suspension 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, the principal or designee must provide the student an opportunity to contact the student’s parents.

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

Notice of suspension

Before administering an in-school or short-term suspension, the District must first 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, the principal or designee will provide written notice of the suspension to the student and parents in person, by mail, or by email.  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, including the dates on which it 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;
• The opportunity to receive educational services during the suspension;
• The right to an informal conference with the principal or designee, as set forth below; and
• The student’s and parents’ right to appeal the suspension through the procedures set forth below, including where and to whom the appeal must be requested;

Appeal and review process for short-term suspension

The appeal and review process for in-school and short-term suspensions is set forth in the section below titled Appeal and Reconsideration of Suspensions and Expulsions.

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
     • 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.

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

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.

Appeal and review process for long-term suspensions and expulsions

The appeal and review process for long-term suspensions and expulsions is set forth in the section below titled Appeal and Reconsideration of Suspensions and Expulsions.

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.

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. 

Emergency Removals

Conditions and limitations

A student may be immediately removed from the student’s current school placement by the Superintendent or designee if there is sufficient cause to believe the student’s presence poses an immediate and continuing danger to other students or school personnel, or poses 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; and
• School personnel have exhausted reasonable attempts at administering other forms of discipline to support the student in meeting behavioral expectations.

An emergency removal may not exceed ten (10) consecutive school days.  An emergency removal must end or be converted to another form of discipline within ten (10) school days of the date of the removal.  If the emergency removal is converted to another form of discipline, the District will apply any days that the student was emergency removed to the total length of the suspension or expulsion, and provide the student and parents with the notice and due process rights in this Procedure.

Notice of emergency removal

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 review process for emergency removals

The appeal and review process for emergency removals is set forth in the section below titled Appeal and Reconsideration of Suspensions and Expulsions.

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.

Appeal procedures for 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.

Discipline pending appeal

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

• The suspension or expulsion is administered for no more than ten (10) 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.
   

Review and Reconsideration by School Board

The student or parents may request 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 suspensions and non-emergency 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.

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. A reengagement meeting does not replace an appeal hearing or a petition for readmission.

Readmission Application 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 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 may 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.