Section 392-400-020 - Application(1) This chapter establishes the minimum procedural and substantive due process rights of students when they may be subject to discipline in Washington school districts. A school district may establish additional due process protections for students consistent with federal statutes and regulations, state statutes, common law, and rules prescribed by the office of superintendent of public instruction.(2) This chapter must be construed in a manner consistent with the following laws and rules: (a)RCW 28A.600.010 through 28A.600.022 and 28A.320.211, regarding the administration of student discipline;(b)RCW 28A.300.042, regarding the collection, reporting, and disaggregation of student-level discipline data;(c) Chapter 392-190 WAC, prohibiting unlawful discrimination in Washington public schools, including the requirement under WAC 392-190-048 that school districts annually review disaggregated discipline data to identify and address disproportionality in the administration of discipline on the basis of sex, race, limited-English proficiency (i.e., English learners), and disability, including students protected under Section 504 of the Rehabilitation Act of 1973 and Part B of the Individuals with Disabilities Education Act;(d) WAC 392-172A-05140 through 392-172A-05175, and 34 C.F.R. Part 300.530 through 300.536, regarding the discipline of students with disabilities under the Individuals with Disabilities Education Act;(e)RCW 28A.165.035, regarding the state menu of best practices and strategies for behavior; and(f)RCW 28A.415.410 and 28A.415.420, regarding training to support school personnel in implementing discipline policies and procedures and gaining knowledge and skills in cultural competence.Wash. Admin. Code § 392-400-020
Adopted by WSR 18-16-081, Filed 7/30/2018, effective 8/30/2018