Student Handbook

Rules and Procedures

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SUSPENSIONS/LONG-TERM SUSPENSIONS/EXPULSIONS (Chapter 392-400 WAC)

Behavior agreements
The district authorizes staff to enter into behavior agreements with students and parents in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance. Behavior agreements will also describe district actions planned to support behavior changes by the students. The district will provide any behavior agreement in a language and form the student and parents understand. A behavior agreement does not preclude the district from administering discipline for behavioral violations that occur after the district enters into an agreement with the student and parents.

In-school suspension and short-term suspension
In accordance with policy 3241 and WAC 392-400, student behaviors that could lead to the imposition of an in-school suspension or a short-term suspension may include but are not limited to:

  • Being intoxicated or under the influence of controlled substance, alcohol or marijuana at school or while present at school activities;

  • Bomb scares or false fire alarms that cause a disruption to the school program;

  • Cheating or disclosure of exams;

  • Commission of any crime on school grounds or during school activities;

  • Dress code violations that the student refuses to correct (see CHS student handbook)

  • Fighting: Fighting and instigating, promoting, or escalating a fight, as well as failure to disperse. Engaging in any form of fighting where physical blows are exchanged, regardless of who initiated the fight. This prohibition includes hitting, slapping, pulling hair, biting, kicking, choking, and scratching or any other acts in which a student intentionally inflicts or attempts to inflict injury on another;

  • Gang-related activity;

  • Harassment/intimidation/bullying;

  • Intentional deprivation of student and staff use of school facilities;

  • Intentional endangerment to self, other students, or staff, including endangering on a school bus;

  • Intentional injury to another;

  • Intentionally defacing or destroying the property of another;

  • Intentionally defacing or destroying the property of another;

  • Possession, use, sale, or delivery of illegal or controlled chemical substances;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

  • Preventing students from attending class or school activities;

Long-term suspensions and expulsions
In accordance with policy 3241 and WAC 392-400, student behaviors that could lead to the imposition of a long-term suspension or and expulsion include:

  • Having a firearm on school property or school transportation in violation of RCW 28A.600.420;

  • Having a firearm on school property or school transportation in violation of RCW 28A.600.420;

    • 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;

    • indecent liberties committed by forcible compulsion;

    • kidnapping;

    • arson;

    • assault in the second degree;

    • assault of a child in the second degree;

    • robbery;

    • drive-by shooting; and

    • vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner.

    • any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to registered 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, and any felony conviction or adjudication with a sexual motivation finding;

    • any controlled substance violation of chapter 69.50 RCW;

    • any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280;

    • any violation of chapter 9A.36 RCW, including assault, malicious harassment, drive-by shooting, reckless endangerment, promoting a suicide attempt, coercion, assault of a child, custodial assault, and failing to summon assistance for an injured victim of a crime in need of assistance;

    • any violation of chapter 9A.40 RCW, including kidnapping, unlawful imprisonment, custodial interference, luring, and human trafficking;

    • any violation of chapter 9A.46 RCW, including harassment, stalking, and criminal gang intimidation; and

    • any violation of chapter 9A.48 RCW, including arson, reckless burning, malicious mischief, and criminal street gang tagging and graffiti.

  • Two or more violations of the following within a three-year period

    • criminal gang intimidation in violation of RCW 9A.46.120:

    • gang activity on school grounds in violation of RCW 28A.600.455;

    • willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and

    • defacing or injuring school property in violation of RCW 28A.635.060; and

  • Any student behavior that adversely affects the health or safety of other students or educational staff.

Initial Hearing

Before administering any in-school, short-term, long-term suspension or expulsion, the district will attempt to notify the student’s parent(s) as soon as reasonably possible regarding the behavioral violation. Additionally, the principal or designee must conduct an informal initial hearing with the student to hear the student’s perspective.

The principal or designee must provide the student an opportunity to contact his or her parent(s) regarding the initial hearing. The district must hold the initial hearing in a language the parent and student understand.

At the initial hearing, the principal or designee will provide the student:

  • Notice of the student’s violation of this policy;

  • 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 or her perspective and provide explanation regarding the behavioral violation.

Divergence between long-term suspension and expulsion
A long-term suspension may not exceed the length of an academic term. The district may not administer a long-term suspension 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. The district is not prohibited from administering an expulsion beyond the school year in which the behavioral violation occurred.

Emergency Expulsions
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 expulsion, 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 expulsion may not exceed ten consecutive school days. An emergency expulsion must end or be converted to another form of discipline within ten (10) school days from its start.

After an emergency expulsion, 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 education process.

Notice
Within twenty-four (24) hours after an emergency expulsion, the district will provide written notice to the student and parents in person, by mail, or by email.

Appeal, Reconsideration, and Petition
Optional conference with principal

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

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 parent(s).

During the informal conference, the student and parent(s) will have the opportunity to share the student’s perspective and explanation regarding the events that led to the behavioral violation. The student and parent will also have the opportunity to confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion. Further, the student and parent will have the opportunity to discuss other forms of discipline that the district could administer.

Appeals
Requesting appeal
The appeal provisions for in-school and short-term suspension differ from those for long-term suspension and expulsion. The appeal provisions for long-term suspension or expulsion and emergency expulsion have similarities but the timelines differ.

A student or the parent(s) may appeal a suspension, expulsion, or emergency expulsion to the Superintendent or designee orally or in writing. For suspension or expulsion, the request to appeal must be within five (5) school business days from when the district provided the student and parent with written notice. For emergency expulsion, the request to appeal must be within three (3) school business days from when the district provided the student and parent with written notice.

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 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.

In-school and short-term suspension appeal
For short-term and in-school suspensions, the Superintendent or designee will provide the student and parents the opportunity to share the student’s perspective and explanation regarding the behavioral violation orally or in writing. The Superintendent or designee must deliver a written appeal decision to the student and parent(s) 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 to the student during the suspension; and

  • Notice of the student and parent(s)’ right to request review and reconsideration of the appeal decision, including where and to whom to make such a request.

Long-term suspension or expulsion and emergency expulsion appeal
For long-term suspension or expulsion and emergency expulsions, the Superintendent or designee will provide the student and parent(s) 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 parent(s) to inspect the student’s education records;

  • The right of the student and parent(s) 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 parent(s) to be represented by legal counsel; question witnesses; share the student’s perspective and explanation; and introduce relevant documentary, physical, or testimonial evidence; and

  • Whether the district will offer a re engagement meeting before the appeal hearing.

For long-term suspension or expulsion, the student, parent(s) and district may agree to hold a re engagement meeting and develop a re engagement plan before the appeal hearing. The student, parent(s), and district may mutually agree to postpone the appeal hearing while participating in the re engagement process.