Section 392-400-410 - Appeal for extension of an expulsion When warranted because of risk to the public health and safety, the principal or the principal's designee may petition the district's superintendent for authorization to exceed the academic term limitation on an expulsion. The superintendent may exercise his/her discretion to grant the petition in limited circumstances, on a case-by-case basis, so long as there is evidence that, if the student were to return at or before the length of an academic term, as defined by the school board, he/she would pose a risk to public health or safety.
(1) The petition to exceed the academic term limit shall include, at least, the following: (a) A detailed description of the student's misconduct, the school rules which were violated, and the public health and/or safety concerns of the district;(b) A detailed description of the student's academic, attendance, and discipline history, if any;(c) A description of the lesser forms of corrective actions which were considered and reasons why those were rejected;(d) A description of all alternative learning experiences, vocational programs, and/or other educational services which may be available to the student;(e) The proposed extended length of the expulsion;(f) Identification of special education services or accommodations pursuant to Section 504 of the Rehabilitation Act of 1973, if appropriate; and(g) A proposed date for the reengagement meeting.(2) Designated staff shall submit the petition at any time after final imposition of an academic term expulsion and prior to the end of that expulsion.(3) A copy of the petition shall be delivered in person or by certified mail to the student and his/her parent(s)/guardian(s).(4) The petition shall be provided in the predominant language of the student and/or parent(s)/guardian(s) who speak a language, other than English, in accordance with Title VI of the Civil Rights Act of 1964.(5) The student and/or parent(s)/guardian(s) may submit a written or verbal response to the petition within ten school business days of the recorded receipt of the petition.(6) Within eleven school business days, but no later than twenty school business days of the date of the petition's recorded delivery to the student/parent(s)/guardian(s), the district superintendent shall issue a written decision indicating whether the petition is granted or denied. The written decision shall also include a description of all rights and procedures for appeal.(7) If the petition is granted, within ten school business days of the receipt of the decision, the student and/or parent(s)/guardian(s) may appeal the decision to the district's school board in accordance with WAC 392-400-310 and 392-400-315. Annually, all school districts shall report the number of petitions submitted, approved and denied to the office of the superintendent of public instruction.
Wash. Admin. Code § 392-400-410
Adopted by WSR 14-15-153, Filed 7/23/2014, effective 8/23/2014Amended by WSR 16-18-028, Filed 8/26/2016, effective 9/1/2016