Emergency Expulsions/Appeals

The provisions governing notice and hearing of regular long-term suspensions or expulsions shall apply except:

  1. Written notice of the emergency expulsion shall be sent by certified letter deposited in the U. S. mail within twenty-four hours of the expulsion or by hand delivery to the student’s parent(s) or guardian(s) within twenty-four hours of the expulsion and documenting delivery by obtaining his or her signature acknowledging receipt or the written certification of the person making the delivery;
  2. The parent and student shall have ten school business days after receipt of the notice during which to request a hearing. A schedule of “school business days” potentially applicable to the exercise of such hearing right should be included with the notice; and
  3. The hearing officer shall render the decision within 1 school business day after the conclusion of the hearing.
  4. If the emergency expulsion is based on a failure to comply with the state immunization law, WAC 180-38, the notice must be received by the student’s parent/guardian prior to the emergency expulsion regardless of the method of delivery.

Such written or oral notice shall:

  1. Be in the primary language of the student and parent/guardian to the extent feasible.
  2. Specify the alleged reason(s) for the emergency expulsion.
  3. Set forth the corrective action taken and proposed.
  4. Set forth the right of the student and parent/guardian to a hearing for the purpose of contesting the allegations as soon as reasonably possible.
  5. Set forth the fact that a request for a hearing must be received by the district on or before the tenth school business day after r receipt of the notice; and
  6. State that if such a timely request is not received, the right to a hearing may be considered waived and the emergency expulsion may be continued as deemed necessary without any further opportunity for the student or parent/guardian 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.

Emergency Expulsion Hearing Process

If a timely request for a hearing is received, the school district shall immediately schedule and give notice of a hearing to commence as soon as reasonably possible, but not later than the third school business day after the District’s receipt of the request for the hearing.

At this hearing the student and parent/guardian shall have the right to inspect in advance of the hearing any documentary or other physical evidence the school district intends to introduce at the hearing, to be represented by legal counsel, to question and confront witnesses, to present an explanation of the alleged misconduct, and to make such relevant showings by way of witnesses and the introduction of evidence as desired.

The school district representative assigned to present the district’s case shall have the right to inspect in advance of the hearing any documentary or other physical evidence that the student or parent/guardian intend to introduce at the hearing. The hearing officer assigned to hear the case shall not be a witness and the truth of the allegations shall be determined solely on the basis of the evidence presented at the hearing.

The hearing officer shall schedule the hearing and give written notice of the date, time and place of the hearing to the principal and the parent/guardian and student. Either a tape recorded or verbatim record of the hearing shall be made. During the hearing, the hearing officer may answer any questions that the parent/guardian and student or counsel may have about the nature and conduct of the hearing. The hearing officer shall conduct the hearing with full authority to control the conduct of all persons present and to limit questioning that is unproductive and irrelevant. The hearing officer may not provide testimony.