Emergency Expulsions

Overview

 

The district may immediately remove a student from the student’s current school placement, subject to the following requirements: The district must have sufficient cause to believe that the student’s presence poses:

  • An immediate and continuing danger to other students or school personnel; or
  • An immediate and continuing threat of material and substantial disruption of the educational process.

The district may not impose an emergency expulsion solely for investigating student conduct. For purposes of determining sufficient cause for an emergency expulsion, the phrase “immediate and continuing threat of material and substantial disruption of the educational process” means:

  • The student’s behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day; and
  • School personnel have exhausted reasonable attempts at administering other forms of discipline to support the student in meeting behavioral expectations.

An emergency expulsion may not exceed ten consecutive school days. An emergency expulsion must end or be converted to another form of discipline within ten (10) school days from its start. After an emergency expulsion, the district must attempt to notify the student’s parents, as soon as reasonably possible, regarding the reason the district believes the student’s statements or behaviors pose an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the education process.

Notice

Within twenty-four (24) hours after an emergency expulsion, the district will provide written notice to the student and parents in person, by mail, or by email.

The written notice must include:

  • The reason the student’s statements or behaviors pose an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process;
  • The duration and conditions of the emergency expulsion, including the date on which the emergency expulsion will begin and end;
  • The opportunity to receive educational services during the emergency expulsion;
  • The right of the student and parent(s) to an informal conference with the principal or designee; and
  • The right of the student and parent(s) to appeal the emergency expulsion, including where and to whom the appeal must be requested.

If the district converts an emergency expulsion to a suspension or expulsion, the district must: (a) Apply any days that the student was emergency expelled before the conversion to the total length of the suspension or expulsion; and (b) Provide the student and parents with notice and due process rights under WAC 392-400-455 through 392-400-480 appropriate to the new disciplinary action.