2613.E [atlas:bill]

AN ACT Relating to school discipline; and amending RCW 28A.320.140, 28A.225.225, 28A.600.030, and 28A.305.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.320.140 and 1994 sp.s. c 7 s 612 are each amended to read as follows:

(1) School district boards of directors may establish district-wide student dress and grooming codes, which may include a requirement that students wear uniforms.

(2) School district boards of directors may establish specific schools or programs ((~~which~~)) that parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.

((~~(2)~~)) (3) School district boards of directors may also establish specific schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.

((~~(3)~~)) (4) If students are required to wear uniforms ((~~in these programs or schools~~)), school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

(((4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.))

(5) In order to maintain order and discipline in schools during and after a natural disaster, schools may remain closed when natural disasters listed in RCW 28A.150.290(2) (a) and (b) occur as long as such conditions remain. The superintendent of public instruction shall allow school districts to receive state basic education moneys in such cases even though the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.150.220 and 28A.150.260 have not been fulfilled.

Sec. 2. RCW 28A.225.225 and 1995 c 52 s 3 are each amended to read as follows:

(1) All districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications ((~~by June 30, 1990~~)). The policy may include rejection of nonresident students if acceptance of these students would result in the district experiencing a financial hardship. However, nothing in this section prevents a school district superintendent or his or her designee from denying the application of a nonresident student if the student's disciplinary record indicates a history of behavior that has been disruptive to the educational process.

(2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

Sec. 3. RCW 28A.600.030 and 1990 c 33 s 498 are each amended to read as follows:

(1) Each school district board of directors may establish student grading policies which permit teachers to consider a student's attendance in determining the student's overall grade or deciding whether the student should be granted or denied credit. Such policies shall take into consideration the circumstances pertaining to the student's inability to attend school.

(2) The state board of education shall not limit the ability of school districts to reduce a student's grade or to deny credit for disciplinary reasons or as a result of disciplinary actions. However, no policy shall be adopted whereby a grade shall be reduced or credit shall be denied for disciplinary reasons or due to disciplinary actions only, rather than for academic reasons, unless due process of law is provided as set forth by the state board of education under RCW 28A.305.160.

Sec. 4. RCW 28A.305.160 and 1975‑'76 2nd ex.s. c 97 s 1 are each amended to read as follows:

(1) The state board of education shall adopt and distribute to all school districts lawful and reasonable rules ((~~and regulations~~)) prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules ((~~and regulations~~)) shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible. In cases in which suspensions and expulsions are appealed by a student, such rules shall authorize a school district to suspend a student temporarily after an initial hearing until a final decision is reached in further appeals: PROVIDED, That the state board deems the interest of students to be adequately protected.

(2) Short-term suspensions may be used for suspensions of up to and including, ten school days.