PROPOSED RULES
SCHOOL FOR THE DEAF
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Emergency actions - emergency expulsion.
Purpose: To adopt the procedures and standards prescribed by the State Board of Education governing the emergency expulsion of students.
Statutory Authority for Adoption: RCW 72.40.023.
Statute Being Implemented: RCW 28A.305.160.
Summary: These rules are needed to ensure that the superintendent is able to immediately expel any student whose presence poses an immediate and continuing danger to self, other students, or school personnel or whose presence poses a continuing threat of substantial disruption of the educational process in order to preserve the health, safety and general welfare of students and staff at the School for the Deaf.
Reasons Supporting Proposal: Required by federal and state law and WAC 392-172-370.
Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Todd Reeves, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400.
Name of Proponent: Washington State School for the Deaf, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The Superintendent of Public Instruction rule at WAC 392-172-370 requires that no public agency shall authorize, permit or condone the use of disciplinary procedures which violate chapter 180-40 WAC and WAC 392-172-370 through 392-172-385. Chapter 180-40 WAC contains the rules adopted by the State Board of Education prescribing the substantive and procedural due process guarantees of students in the common schools. Disciplinary exclusion rules consistent with WAC 392-172-370 through 392-172-385, have been adopted by the School for the Deaf at WAC 148-120-300 through 148-120-313. These rules are needed to ensure that the superintendent is able to immediately expel any student whose presence poses an immediate and continuing danger to self, other students, or school personnel or whose presence poses a continuing threat of substantial disruption of the educational process in order to preserve the health, safety and general welfare of students and staff at the School for the Deaf.
Proposal does not change existing rules. As described above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington State School for the Deaf.
Hearing Location: Washington State School for the Deaf, Administrative Conference Room, 611 Grand Boulevard, Vancouver, WA 98661, on December 11, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Judy Smith by December 4, 2003, TTY (360) 414-0401 or (360) 414-0401.
Submit Written Comments to: Todd Reeves, Superintendent, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, fax (360) 696-6291, by December 8, 2003.
Date of Intended Adoption: December 11, 2003.
October 10, 2003
Todd S. Reeves
Superintendent
EMERGENCY ACTIONS
[]
(a) 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,
(b) Specify the alleged reason(s) for the emergency expulsion,
(c) Set forth the corrective action or punishment taken and proposed,
(d) Set forth the right of the student and/or his or her parent(s) or guardian(s) to a hearing for the purpose of contesting the allegation(s) as soon as reasonably possible, and
(e) Set forth the facts that:
(i) A written (or "oral" if provided for by school policy) request for a hearing must be received by the school employee designated, or by his or her office, on or before the expiration of the tenth school business day after receipt of the notice of opportunity for a hearing, and
(ii) If such a request is not received within the prescribed period of time, then the right to a hearing may be deemed to have been waived and the emergency expulsion may be continued as deemed necessary by the school without any further opportunity for the student or his or her parent(s) or guardian(s) to contest the matter. A schedule of "school business days" potentially applicable to the exercise of such hearing right should be included with the notice.
(2) The student and/or his or her parent(s) or guardian(s) shall reply to the notice of opportunity for a hearing and request a hearing within ten school business days after the date of receipt of the notice. A request for a hearing shall be provided to the school employee specified in the notice of opportunity for a hearing, or to his or her office. A request for a hearing shall be accepted if in writing and may be accepted orally if expressly provided for and allowed by rule of the school.
(3) If a request for a hearing is not received within the required ten school business day period, the school may deem the student and his or her parent(s) or guardian(s) to have waived the right to a hearing and the emergency expulsion may be continued as deemed necessary by the school district.
[]
(2) The student and his or her parent(s) or guardian(s) shall have the right to:
(a) Inspect in advance of the hearing any documentary and other physical evidence which the school district intends to introduce at the hearing,
(b) Be represented by legal counsel,
(c) Question and confront witnesses, unless a school witness does not appear and the nonappearance of the witness is excused by the person(s) hearing the case based upon evidence of good reason for doing so submitted by the school. The evidence submitted by the school must at a minimum establish either:
(i) That the school made a reasonable effort to produce the witness and is unable to do so; or,
(ii) That it is not advisable for the student to appear due to an expectation and fear on the part of the responsible school official(s) or the student of retaliation against the student if he or she appears as a witness,
(d) Present his or her explanation of the alleged misconduct, and
(e) Make such relevant showings by way of witnesses and the introduction of documentary and other physical evidence as he or she desires.
(3) The designee(s) of the school assigned to present the school's case and/or the assistant attorney general shall have the right to inspect in advance of the hearing any documentary and other physical evidence that the student and his or her parent(s) or guardian(s) intend to introduce at the hearing.
(4) The person(s) hearing the case shall not be a witness and the guilt or innocence of the student shall be determined solely on the basis of the evidence presented at the hearing.
(5) Either a tape-recorded or verbatim record of the hearing shall be made.
(6) Within one school business day after the date upon which the hearing concludes, a decision as to whether or not the expulsion shall be continued shall be rendered, and the student's legal counsel or, if none, the student and his or her parent(s) or guardian(s) shall be notified thereof by depositing a certified letter in the United States mail. The decision shall set forth the findings of fact, the conclusions (including a conclusion as to whether or not the emergency situation giving rise to the emergency expulsion continues), and whether or not the emergency expulsion shall be continued or a lesser form of corrective action or punishment is to be imposed.
(7) An emergency expulsion may be continued following the hearing on the basis that the emergency situation continues and/or as corrective action or punishment for the action(s) giving rise to the emergency expulsion in the first instance.
[]
(1) Appeals may be heard and decided by a disciplinary appeal council established by the Board. The disciplinary appeal council shall be appointed by the school board of trustees for fixed terms and shall consist of not less than three persons.
(2) If an appeal is not taken to the disciplinary appeal council within the required three school business day period, the suspension or expulsion decided upon may be imposed as of the calendar day following expiration of the three school business day period.
(3) If a timely appeal is taken to the disciplinary appeal council, the suspension or expulsion may be imposed during the appeal period subject to the following conditions and limitations:
(a) A long-term suspension or nonemergency expulsion may be imposed during the appeal period for no more than ten consecutive school days or until the appeal is decided, whichever is the shortest period;
(b) An emergency expulsion may be continued during the appeal period for so long as the student continues to pose an immediate and continuing danger to the student, other students, or school personnel or an immediate and continuing threat of substantial disruption of the educational process of the student's school;
(c) Any days that a student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student's suspension or expulsion and shall not limit or extend the term of the student's suspension or expulsion; and
(d) Any student subjected to a temporary suspension who returns to school before the appeal is decided shall be provided the opportunity upon his or her return to make up assignments and tests missed by reason of the suspension if:
(i) Such assignments or tests have a substantial effect upon the student's semester or trimester grade or grades; or
(ii) Failure to complete such assignments or tests would preclude the student from receiving credit for the course or courses.
(4) An appeal from any decision of the disciplinary appeal council to impose or to affirm the imposition of a long-term suspension or an expulsion shall be to the courts. Whether or not the decision of the disciplinary appeal council shall be postponed pending an appeal to superior court shall be discretionary with the school board or disciplinary appeal council except as ordered otherwise by a court.
[]