Section 392-400-480 - Petition to extend expulsion(1)Petition. When risk to public health or safety warrants extending a student's expulsion, the principal or designee may petition the school district superintendent or designee for authorization to exceed the academic term limitation on an expulsion. The petition must inform the superintendent or designee of: (a) The behavioral violation that resulted in the expulsion and the public health or safety concerns;(b) The student's academic, attendance, and discipline history;(c) Any nonacademic supports and behavioral services the student was offered or received during the expulsion;(d) The student's academic progress during the expulsion and the educational services available to the student during the expulsion;(e) The proposed extended length of the expulsion; and(f) The student's reengagement plan.(2)Time limit. The principal or designee may petition to extend an expulsion only after the development of a reengagement plan under WAC 392-400-710 and before the end of the expulsion. For violations of WAC 392-400-820, the principal or designee may petition to extend an expulsion at any time.(3)Notice. The school district must provide written notice of the petition to the student and parents in person, by mail, or by email within one school business day from the date the superintendent or designee received the petition. The written notice must include:(a) A copy of the petition;(b) The student's and parents' right to an informal conference with the school district superintendent or designee to be held within five school business days from the date the district provided written notice to the student and parents; and(c) The student's and parents' right to respond to the petition orally or in writing to the school district superintendent or designee within five school business days from the date the district provided written notice.(4)Written decision. The school district superintendent or designee may grant the petition only if there is substantial evidence that, if the student were to return to the student's previous school of placement after the length of an academic term, the student would pose a risk to public health or safety. The school district superintendent or designee must deliver a written decision to the principal, the student, and the student's parents in person, by mail, or by email within ten school business days after receiving the petition. (a) If the petition is granted, the written decision must include:(i) The date on which the extended expulsion will end;(ii) 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(iii) Notice of the student's or parents' right to request review and reconsideration of the appeal decision under subsection (5) of this section, including where and to whom to make the request.(b) If the petition is not granted, the written decision must identify the date on which the expulsion will end.(5)Review and reconsideration.(a)Requesting review. The students or parents may request that the school board or discipline appeal council, if established under WAC 392-400-475, review and reconsider the decision to extend the student's expulsion. The student or parents may request the review orally or in writing.(b)Time limit. A school district may establish a time limit for parents and students to request a review under this subsection. The time limit must be no less than ten school business days from the date the school district superintendent or designee provides the written decision under subsection (4) of this section.(c)Review procedure.(i) The school board or discipline appeal council may request to meet with the student or parents or the principal to hear further arguments and gather additional information.(ii) The decision of the school board or discipline appeal council may be made only by board or council members who were not involved in the behavioral violation, the decision to expel the student, or the appeal decision under WAC 392-400-465.(d)Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten school business days after receiving the request for review and reconsideration. The written decision must identify:(i) Whether the school board or discipline appeal council affirms, reverses, or modifies the decision to extend the student's expulsion; and(ii) The date on which the extended expulsion will end.(6)Duration. Any extension of an expulsion may not exceed the length of an academic term.(7)Language assistance. The school district must ensure that any petition proceedings, notices, and decisions are provided 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.(8)Annual reporting. The school district must annually report the number of petitions approved and denied to the office of superintendent of public instruction.Wash. Admin. Code § 392-400-480
Adopted by WSR 18-16-081, Filed 7/30/2018, effective 7/1/2019