Procedures for Imposing Corrective Action

Students with Disabilities

Students with disabilities are subject to the same rules of student conduct and corrective action procedures as other students. However, when a proposed action constitutes a significant change in placement, special procedures shall be employed as required by law.

Discipline - In General

Discipline may be imposed upon a student for violation of the rules of the school district, subject to the following limitations:

  1. No form of discipline shall be enforced in such a manner as to prevent a student from accomplishing specific academic grade, subject, or graduation requirements.
  2. A student’s academic grade or credit in a particular subject or course may be adversely affected by reason of tardiness or absences only to the extent and upon the basis that the student’s attendance and/or participation is related to the instructional objectives or goals of the particular course and the student’s attendance has been identified by the teacher as a basis for grading, in whole or in part, in the particular subject or course.

Corporal Punishment

Corporal punishment, which includes any corrective action imposed with the intent of causing physical pain, is not authorized in the Finley School District.

Suspension - In General - Including In-School, Short Term and Long Term

A suspension may be imposed upon a student for violation of school district rules, subject to the following limitations:

  1. The nature and circumstances of the violation must be considered and must reasonably warrant a suspension and the length of the suspension imposed.
  2. Except for those violations that have been designated exceptional misconduct (See Part II) as a general rule, no student will be suspended unless another form of corrective action reasonably calculated to modify his or her conduct has previously been imposed upon the student as a consequence of misconduct of the same nature.
  3. No student subject to compulsory attendance shall be suspended for unexcused absences unless the school has first imposed an alternative corrective action reasonably calculated to modify his or her conduct and in addition:
    1. Provided notice to the student’s parent/guardian in writing (in the primary language of the parent/guardian) that the student has failed to attend school without valid justification.
    2. Scheduled a conference with the parent/guardian and the student at a reasonably convenient time and place to analyze the causes for the student’s absence to determine whether the student should be made a focus of concern for placement in special education or other special program designed for the student’s educational success.
    3. Taken steps to reduce the student’s absences with includes, where appropriate in the judgment of school officials and after discussion with the parent/guardian and student, adjustments to the student’s school program, or school or course assignment or assisting the student or parent/guardian to obtain supplementary services that might reduce the cause for the student’s absences.
  4. No student in grades five and above shall be subject to short-term suspensions for more than a total of fifteen school days during any single semester or ten school days any single trimester and no single long-term suspension shall be imposed in a manner which causes the student to lose academic grades or credit for in excess of one semester or trimester during the same school year.
  5. Any student subject to short-term suspension shall be provided the opportunity upon return to school to make up assignments or tests missed by reason of the suspension if such assignments or tests have a substantial effect on the student’s semester or trimester grade or failure to complete such assignments or tests would preclude the student from receiving credit for the course(s).
  6. Any student who has been suspended shall be allowed to make application for re-admission at any time. (See Part VII)
  7. All suspensions and the reasons therefore must be reported in writing to the superintendent.
  8. Notwithstanding any other provision of this Handbook to the contrary, certificated staff members are empowered to exclude any student who creates a disruption of the educational process in violation of building disciplinary standards from their classroom for all or any part of the school day or until the certificated staff member has conferred with the principal, whichever occurs first. Prior to excluding a student, except in emergency circumstances, the teacher shall have attempted one or more corrective actions. In no case shall an excluded student be returned for the balance of a period without the consent of the teacher.

In-School Suspension

During an in-school suspension, a student shall remain isolated from other students and will not participate in any school activities. An appeal will follow the short-term suspension process. In some cases in-school suspension will be imposed as a consequence of misconduct that warrants suspension. Students will work on class assignments and/or take tests while there. This option will be on a limited basis, not to exceed five (5) days, at the discretion the Principal.

Short-Term Suspension Prior Conference and Notice

Prior to the short-term suspension of any student, a conference shall be conducted with the student. At this conference:

  1. An oral or written explanation of the alleged misconduct and rule violation shall be provided to the student;
  2. An oral or written explanation of the evidence in support of the allegations shall be provided to the student;
  3. An oral or written explanation of the corrective action which may be imposed shall be provided to the student; and
  4. The student shall be provided the opportunity to present an explanation regarding the alleged misconduct.

In the event a short-term suspension is to exceed one calendar day, the parent/guardian of the student shall be notified of the reason for the student’s suspension and the duration of the suspension orally and/or by letter deposited in the mail as soon as reasonably possible. This notice shall also inform the parent/guardian of the right to an informal conference and that the suspension may possibly be reduced as a result of such a conference.

Grievance Procedure for Discipline and Short-Term Suspension

  1. Any student, parent or guardian who disagrees with the imposition of discipline or a short-term suspension shall have the right to an informal meeting with the building principal/designee for the purpose of resolving the grievance. The employee whose action is being grieved shall be notified of the initiation of such a grievance as soon as reasonably possible. During this meeting, the student and parent/guardian shall be subject to questioning by the principal/designee and shall be entitled to question school personnel involved in the matter being grieved.
  2. After this school-level grievance meeting, if the issue is not resolved, the student or parent/guardian, upon giving two (2) school business days’ prior notice to the superintendent’s office, shall have the right to present a written and/or oral grievance to the superintendent or designee.
  3. If the grievance is not resolved, the parent/guardian and student, upon two (2) school business days’ prior notice, shall have the right to present a written grievance to the disciplinary appeal council at its next regular meeting, or at a meeting held within 30 days, whichever is earlier. A closed meeting may be held for the purpose of considering the grievance. The council shall notify the parent/guardian and student of its response to the grievance within ten (10) school business days after the date when the grievance was presented.

The discipline or short-term suspension shall continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action.

Notice of Long-Term Suspension

Prior to the long-term suspension of a student, a written notice of an opportunity for a hearing shall be delivered in person or by certified mail to the student and parent/guardian. This notice shall be in the primary language of the student and parent/guardian and it shall:

  1. Specify the student’s alleged misconduct and the school district rule alleged to have been violated;
  2. Set forth the corrective action and the right of the student or parent/guardian to a hearing for the purpose of contesting the allegations;
  3. Inform the student and parent/guardian that a written request for such a hearing must be received by a designated school district employee on or before the expiration of the third school business day after their receipt of the notice; and
  4. Indicate that if such a timely request is not received, the right to a hearing may be deemed waived and the proposed long-term suspension may be imposed without 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 a hearing right should be included with the notice.

Expulsion

A student may be expelled for violation of school district rules subject to the following limitations:

  1. The nature and the circumstances of the violation must reasonably warrant the harshness of expulsion.
  2. No student shall be expelled unless other forms of corrective action reasonably calculated to modify his or her conduct have failed or unless there is good reason to believe that other forms of corrective action would fail if employed. (Pursuant to RCW 9.41.280, possession of a dangerous weapon is an exception to this rule and students who engage in such conduct may be immediately expelled. Students who possess a firearm in violation of the statute must be immediately expelled.)
  3. No student shall be expelled by reason, in whole or in part, of one or more unexcused absences unless the school district has also first:
    1. Provided notice to the student’s parent/guardian in the primary language of the parent/guardian that the student has failed to attend school without valid justification;
    2. Scheduled a conference with the parent/guardian and the student at a time and place reasonably convenient to all involved to analyze the cause of the student’s absence and to determine whether the student shall be made a focus of concern for placement in a special education or other special program designated for the student’s educational success; and
    3. Taken steps to reduce the student’s absence which include, where appropriate in the judgment of school officials and after discussion with the parent/guardian and student, adjustment of the student’s school program or school course assignment or by assisting the student or parent/guardian to obtain supplementary services that might reduce the cause for the student’s absence.
  4. All expulsions and the reasons therefore must be reported in writing to the superintendent.

Notice of Expulsion

1Pursuant to RCW 9.41.280, possession of a dangerous weapon is an exception to this rule and students who engage in such conduct may be immediately expelled. Students who possess a firearm in violation of the statute must be immediately expelled. 

Prior to the expulsion of a student, a written notice of an opportunity for a hearing shall be delivered in person or by certified mail to the student and to parent/guardian. This notice shall be in the primary language of the student and parent/guardian and it shall: 

  1. Specify the student’s alleged misconduct and the school district rule alleged to have been violated; 
  2. Set forth the corrective action and the right of the student and parent/guardian to a hearing for the purpose of contesting the allegations; 
  3. Inform the student and parent/guardian that a written request for such a hearing must be received by a designated school district employee on or before the expiration of the third school business day after their receipt of the notice; 
  4. Indicate that if such a timely request is not received, that the right to a hearing may be deemed waived and the proposed expulsion may be imposed without 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 a hearing should be included with the notice. 

Hearing Process for Long-Term Suspension or Expulsion

If a timely request for a hearing is received within the three (3) business days, the school district shall schedule a hearing to commence within three (3) school business days after the date upon which the hearing request was received by the District. The student and parent/guardian shall have the right to inspect in advance of the hearing any documentary and other physical evidence the school district intends to introduce at the hearing.

The student and parent/guardian shall have the right 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 which the student or parent/guardian intends to introduce at the hearing.

The hearing officer assigned by the District to hear the case shall not be a witness in the case, 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. A written decision by the hearing officer setting forth the findings of fact, conclusions and the nature and duration of the long-term suspension/expulsion or lesser form of corrective action to be imposed, if any, shall be provided to the student’s legal counsel or if none, to the student and parent/guardian within five (5) school days after the hearing.

The parent/guardian and student may request an open or closed hearing. A closed hearing may be attended only by the hearing officer, principal, student, parent/guardian and counsel. Witnesses should be present only when they are giving information. At times when the student’s psychological or emotional problems are being discussed, he/she may be excluded at the discretion of the hearing officer with the concurrence of the parent/guardian and/or counsel. In an open hearing, only those persons designated as witnesses shall have the right to speak.

At least two (2) days before the hearing the principal shall make available in his/her office any exhibits, affidavits or the signed statements which are the basis for the alleged misconduct and the penalty suggested by the principal. These may be examined and copied by the parent/guardian and student or counsel. If the principal later receives any further information that shall be employed at the hearing, he/she shall notify the parties involved and make copies available before the hearing. The principal may request a similar opportunity to review exhibits or statements to be used by the parent/guardian and student or counsel.

Upon the request of the hearing officer, the parent/guardian and student or counsel, the principal shall submit to the hearing officer the student’s cumulative record folder. If the principal or the hearing officer deems it necessary, the information contained in such records shall be explained and interpreted to the officer by a person trained in their use and interpretation. When the hearing officer determines that the alleged act of misconduct has been committed, the hearing officer shall reach a disposition of the case. The disposition need not be the action recommended by the principal but shall not exceed the penalty he/she recommends. The disposition should explain the reason for the particular decision. The decision shall be provided to the parent/guardian and student or counsel.