Due Process for Long-Term Suspension or Expulsion
Prior to the long-term suspension or expulsion of a student, written notice of an opportunity for a hearing shall be delivered in person or by certified mail to the student and to his/her parent or guardian. The notice shall:
- Be provided in the predominant language of a student and/or a parent(s) or guardian(s) who predominantly speak a language other than English, to the extent feasible;
- Specify the alleged misconduct and the school district rule alleged to have been violated;
- Set forth the corrective action or punishment proposed;
- Set forth the facts that a written or oral request for a hearing must be received by the Student Placement office, on or before the expiration of the third school business day after the receipt of the notice of opportunity for a hearing;
- If such a request is not received within the prescribed period of time, then the right to a hearing shall be deemed to have been waived and the proposed long-term suspension or expulsion may be imposed by the school district without any further opportunity for the student or his/her parent or guardian to contest the matter;
- The student and his/her parent or guardian have the right to reply to the notice of opportunity for a hearing and request a hearing within 3 school business days after the date of receipt of notice. A request for a hearing shall be provided to the Student Placement office. A request for a hearing shall be accepted orally or in writing pursuant to WAC 392-400-265, WAC 392-400-280, and district policy 3240; and
- If an appeal is requested, the suspension or expulsion shall not be imposed until such appeal is ruled on by the hearing officer or board of directors.
A student, parent, or guardian shall have 3 school business days after receiving the hearing decision involving the suspension or expulsion to appeal the decision in writing or orally to the board of directors pursuant to WAC 392-400-310 and district policy 3240.
- If an appeal is not taken to the board of directors within the required 3 school business day period, the suspension or expulsion decided upon shall be imposed as of the calendar day following expiration of the 3 school business day period.
- During the appeal period, the school administration may impose a temporary suspension for up to 10 days or until the appeal is decided, whichever is the shortest period.
The following procedural guidelines will govern an appeal to the board of directors in the case of suspension or expulsion:
- The board of directors will schedule and hold a meeting to review the matter within a period of 10 school business days from the receipt of such an appeal.
- At that time, the student, parent or guardian, and legal counsel (if desired), and representatives from the school shall be given the right to be heard and shall be granted the opportunity to present such witnesses and testimony as the board deems reasonable.