Emergency Removal from a Class, Subject or Activity
A student may be removed immediately from a class, subject or activity by a certificated employee and sent to the designated school authority if there is good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students, or school personnel or an immediate and continuing threat of substantial disruption of the class, subject, activity or educational process of the student’s school. Such a removal shall continue only until the danger or threat ceases or until the principal/designee acts to impose appropriate discipline. The principal/designee shall meet with the student as soon as reasonably possible following the student’s removal and take appropriate corrective action. In no case shall the student’s opportunity for such a meeting be delayed beyond the commencement of the next school day. Prior to or at the time any such student is returned to the class or activity from which the student was removed, the principal/designee shall notify the certificated employee who removed the student of the action which has been taken.
Emergency Removal
A student may be expelled immediately by the principal in emergency situations if the principal has good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students or school personnel or the immediate and continuing threat of substantial disruption to the educational process. An emergency expulsion shall continue until rescinded by the principal or until modified or reversed pursuant to the hearing process set forth below or the appeal process set forth in Part VI.
In certain situations a temporary imposition of suspension/expulsion may occur during an appeal period not to exceed a period of ten consecutive school days, or until the appeal is decided, whichever is the shortest period.
Emergency Removal Notice of Hearing
The student and parent/guardian shall be notified of the emergency expulsion of a student and of their opportunity for a hearing as follows:
- By hand delivering a written notice to the student’s parent/guardian within 24 hours of the expulsion and by documenting same with either a signed acknowledgement of receipt or a written certification by the person making the delivery, or by a certified letter deposited in the mail within 24 hours of the expulsion. If the notice is by certified letter, reasonable attempts shall be made to notify the student and parent/guardian by telephone or in person as soon as is reasonably possible.
- 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:
- Be in the primary language of the student and parent/guardian to the extent feasible;
- Specify the alleged reason(s) for the emergency expulsion;
- Set forth the corrective action taken and proposed;
- 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;
- 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 receipt of the notice; and
- 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 Removal 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 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.
Within one (1) school business day after the date upon which the hearing concludes, a decision as to whether the expulsion shall be continued shall be rendered by the hearing officer. The student’s legal counsel, or if none, the student and parent shall be notified of the decision 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 still exists), and whether or not the emergency expulsion shall be continued or a lesser form of corrective action is to be imposed.
An expulsion may be continued following the hearing on the basis that the emergency situation continues and/or as corrective action for the actions giving rise to the emergency expulsion in the first instance.