WSR 99-07-064

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed March 17, 1999, 10:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-04-084.

Title of Rule: WAC 180-40-215 Student rights.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary working [wording], repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: RCW 28A.04.132.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 180-40-215(1), provides more appropriate language by deleting ((handicap)) and adding disability.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Chautauqua Lodge, 304 14th Street North, Longbeach, WA, on May 5, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Carolyn Berger by April 20, 1999, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by April 20, 1999.

Date of Intended Adoption: May 5, 1999.

March 16, 1999

Larry Davis

Executive Director

OTS-2787.1


AMENDATORY SECTION(Amending Order 3-85, filed 1/25/85)

WAC 180-40-215
Student rights.

In addition to other rights established by law, each student served by or in behalf of a common school district shall possess the following substantive rights, and no school district shall limit these rights except for good and sufficient cause:

(1) No student shall be unlawfully denied an equal educational opportunity or be unlawfully discriminated against because of national origin, race, religion, economic status, sex, pregnancy, marital status, previous arrest, previous incarceration, or a physical, mental or sensory ((handicap)) disability.

(2) All students possess the constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have their schools free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising such right.

(3) All students possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches and seizures.

(4) All students shall have the right to be free from unlawful interference in their pursuit of an education while in the custody of a common school district.

(5) No student shall be deprived of the right to an equal educational opportunity in whole or in part by a school district without due process of law.

The foregoing enumeration of rights shall not be construed to deny or disparage other rights set forth in the constitution and the laws of the state of Washington or the rights retained by the people.

[Statutory Authority: RCW 28A.04.132.  85-04-009 (Order 3-85), 180-40-215, filed 1/25/85; Order 6-77, 180-40-215, filed 6/2/77, effective 8/1/77.]

Washington State Code Reviser's Office