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WAC 392-400-610

Educational services during suspension, expulsion, or emergency expulsion.

(1) Educational services.
(a) A school district may not suspend the provision of educational services to a student in response to behavioral violations.
(b) During the suspension, expulsion, or emergency expulsion of a student, a school district must provide the student the opportunity to receive educational services. The educational services must enable the student to:
(i) Continue to participate in the general education curriculum;
(ii) Meet the educational standards established within the district; and
(iii) Complete subject, grade-level, and graduation requirements.
(c) When providing a student the opportunity to receive educational services under this section, the school district must consider:
(i) Meaningful input from the student, parents, and the student's teachers;
(ii) Whether the student's regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student's academic achievement; and
(iii) Access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services.
(d) A school district may provide educational services to the student in an alternative setting or modify the suspension or expulsion on a case-by-case basis. An alternative setting should be comparable, equitable, and appropriate to the regular educational services a student would have received without the exclusionary discipline. Example alternative settings include alternative high schools, one-on-one tutoring, and online learning.
(2) Notice. As soon as reasonably possible after administering a suspension or expulsion, a school district must provide written notice to the student and parents about the educational services the district will provide. The school district must provide the written notice in person, by mail, or by email. The notice must include:
(a) A description of the educational services that will be provided; and
(b) The name and contact information for the school personnel who can offer support to keep the student current with assignments and course work as required under this section.
(3) Exclusions for up to five days. For students subject to suspension or emergency expulsion for up to five consecutive school days, a school district must provide at least the following:
(a) Course work, including any assigned homework, from all of the student's regular subjects or classes;
(b) Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes; and
(c) An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion.
(4) Exclusions for six to ten days. For students subject to suspension or emergency expulsion for six to ten consecutive school days, a school district must provide at least the following:
(a) Course work, including any assigned homework, from all of the student's regular subjects or classes;
(b) Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes. School personnel must make a reasonable attempt to contact the student or parents within three school business days following the start of the suspension or emergency expulsion and periodically thereafter until the suspension or emergency expulsion ends to:
(i) Coordinate the delivery and grading of course work between the student and the student's teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student's regular subjects or classes; and
(ii) Communicate with the student, parents, and the student's teacher(s) about the student's academic progress.
(c) An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion.
(5) Long-term suspensions and expulsions. For students subject to expulsion or suspension for more than ten consecutive school days, a school district must provide educational services in accordance with WAC 392-121-107.
(6) Language assistance. The school district must ensure that notices and communications required under this section are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.
[Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, ยง 392-400-610, filed 7/30/18, effective 8/31/18.]
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