Students and Parents! Know Your Rights in Disciplinary Proceedings**
by: TeamChild
**Please note students with disabilities who receive special education services have additional rights and should call the numbers below for more information.
Discipline in school can take many different forms. It is important to know the type of discipline the school is imposing on the student. Be sure to read any discipline notices carefully, determine the type of discipline the school is using, and watch the timelines carefully.
Short-Term Suspension (10 days or less)
Students have the right to an informal conference BEFORE the suspension may take effect. At this informal conference, students have the right to tell their side of the story. Before this conference, schools must let the student know what the alleged bad behavior is, what rule the student broke, and explain the punishment that the school wants to impose.
If the suspension is for more than one day, parents have the right to notice in the parent's predominant language, specifying the reason for the suspension, and explaining the right to appeal.
If the student and parents are still dissatisfied with the result after the informal conference, they can file a grievance with the school principal. The principal must then hold another informal conference to try to resolve the grievance. If the family continues to be unhappy with the outcome, another grievance can be filed with the superintendent of the school district and a third with the school board. .
Students have the right to an opportunity to make up work and exams missed during a short term suspension if the suspension will have a substantial impact on grades or prevent a student from receiving credit for a course.
Long-Term Suspensions
An exclusion from school for a definite period of time that is more than ten school days in a row is a long term suspension. The misconduct must be serious enough to merit a long term suspension, must violate a school rule or policy AND the school must prove that it tried other methods to correct the behavior first, unless disciplining for exceptional misconduct. Exceptional misconduct is a category of behavior that can be punished more harshly. School districts typically have a policy and list of behavior that falls into the exceptional misconduct category.
Expulsion
An expulsion is an exclusion from school for an indefinite period of time. Again, the nature and circumstances of the misconduct must warrant the harshness of an expulsion. Expulsions are typically for very serious violations of school rules and they can have significant consequences for a student's long term educational future. School district policy often calls for expulsions when a student's actions meet the definition of exceptional misconduct.
Rights of Students and Parents for Long-term Suspensions and Expulsions:
Schools must give written notice to the student and his or her parent or guardian before imposing the long term suspension or expulsion.
The notice must be delivered in person or be sent by certified mail and be in the predominant language of the family. It also needs to describe the misconduct, identify the school rule that was broken, describe the punishment, and explain the student's right to a hearing.
The student and parent or guardian has 3 school business days to request a hearing to disagree with either the allegations of misconduct and the punishment being proposed.
Students and parents also have the right to a detailed explanation of the hearing procedures and their rights, including:
- The right to inspect evidence to be used against the student and to confront and question witnesses. - The right to present evidence in the student's own defense, and to bring a lawyer to represent the student. - The right to remain in school until the hearing decision is issued.
Emergency Expulsion
If the student presents a danger to herself/himself or to others, or substantially disrupts school, then he or she may be immediately removed from class or school for an indefinite period of time. This form of discipline is called an emergency expulsion. In the event of an emergency expulsion, the student has the right to a hearing IF A HEARING IS REQUESTED IN WRITING WITHIN 10 SCHOOL BUSINESS DAYS. There is no right to remain in school pending the hearing. In addition, the school must provide the parent with notice of the emergency expulsion by hand delivery or certified mail within 24 hours.
Suspension for Unexcused Absences
No student can be suspended for unexcused absences UNLESS:
The parents were properly notified of the absences.
The school met with the parents to determine the cause of the absences, including whether the student needs medical, special education, or other services, and
The school took steps to reduce the student's absences including helping the family to obtain any needed services for the student.
Petitions for Readmission and Alternative Education
Students who have been excluded from school can ask to be readmitted to school at any time during the exclusion. School districts have policies about how to petition for readmission. Ask for a copy from the school district office to learn more about the process. Because schools are not required to readmit students prior to the end of the suspension or expulsion, a petition for readmission is likely to be more successful if the student is able to demonstrate that he or she is ready to return to school and has a plan to make the return to school successful.
In addition, students may have a right to receive alternative education when they have been suspended or expelled from school. Ask the district about the types of alternative education that might be available to students who are out of school for a disciplinary incident.
If you have any questions about your right to an education you can call:
Statewide (Except in King County): CLEAR intake line: 1-888-201-1014 (from 9:30 a.m. to 12:15 p.m. Mon. through Fri. and Tuesdays from 3:30 to 6:15 p.m.)
King County: Northwest Justice Project 1-888-201-1012 or 206-464-1519
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, August 2007.
Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. Most of the information provided on this web site is specific to Washington State law.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action.
Permission for copying and distribution granted to the Alliance for Equal Justice and individuals for non-commercial use only.
Lawyer Advertising. This web site is not intended to be advertising or solicitation. The hiring of a lawyer is an important decision that should not be based on advertisements. Before hiring an attorney, you should investigate his or her reputation and qualifications.
Links. Some of the items listed here have not been prepared by us, but are instead "links" to information prepared and posted by others. We cannot guarantee the accuracy of information posted on other sites. The links are not intended to imply that we sponsor or are affiliated or associated with the persons who created those sites, nor are the links intended to imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
In an effort to improve this site, we would appreciate learning about your visit to Washington LawHelp.
Washington LawHelp is provided as a public service by the Northwest Justice Project in collaboration with other legal aid providers in the Alliance for Equal Justice and Washington courts.
