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WHAT IS A “RIGHT?”
A legal entitlement to obtain something or to act in a certain
way.

The sovereignty to act without the permission of others as long

as your acting does not infringe upon the rights of another
person.

A right is universal and applies to all people, not just a few.

WHAT IS A “CONSTITUTIONAL RIGHT?”
The legal right of a citizen that is protected by a sovereignty,
state or countries constitution.

Your Constitutional rights are protected by the Constitution of

the United States and by the Washington State Constitution.

In the United States, the US as a country, Reservations and

States are all considered sovereigns.
DO YOU HAVE A “RIGHT” TO EDUCATION?
Yes. There is a basic right to education in Washington State.

The Washington State Constitution states that an ample

education is the state’s paramount duty. It is the state’s
highest most important duty to provide a system of public
education for students of school age.
- WA. CONST. Art. 9, §1 & 2
RIGHT TO EDUCATION
Student Rights & Responsibilities

Rights: A student has a basic right to an equal educational

opportunity which cannot be taken away (i) on the basis of unlawful
discrimination or (ii) without due process of law.

Responsibilities:
- Attend school regularly
- Follow the rules and regulations
- Take required courses
- Listen to school leadership (teachers & staff)
- GRADUATE!*
RIGHT TO EDUCATION
A school district cannot take away a student’s right to
education without providing him or her with an opportunity to
dispute the removal from school.
METHODS A SCHOOL CAN USE TO DISCIPLINE A STUDENT

Send a student home early

Require a conference with teacher or principal
Impose an in-school suspension or detention that separates the
student from other students
Refer the student for outside help such as counseling or a drug
and alcohol evaluation
Immediately remove the student from school on an emergency
expulsion.
Suspension
Expulsion
Call the police or make a referral to juvenile court if a crime is
alleged to have been committed
IMPORTANT CHANGES TO THE LAW
As of September 30, 2013 new school discipline laws went into
effect.

School districts can NO longer:

- Exclude a student form school for an indefinite period of
time.
- Suspension and expulsion cannot last longer than one year
- School districts must create re-engagement plans tailored
to students’ individual circumstances for re-admission
WHEN A STUDENT IS SUSPENDED OR EXPELLED THE ADMINISTRATOR
MUST:

 Tell student that he or she will be suspended or expelled

 Give reasons for kicking a student out, including which rule was
broken.
 Give the student a chance to tell his or her side of the story
SHORT-TERM SUSPENSION
Suspension for 10 school days or less.
School must
 Try other ways to correct problem behavior before using STS.
 Student must be allowed to make up missed schoolwork if the
suspension will have a substantial effect on grades or prevent the
student from getting credit for the course.
 K-4th graders cannot be short-term suspended for a total of more than
10 days in a term. Students in grades 5 and above cannot be short-
term suspended for a total of more than 15 days in a semester or 10
days in a trimester.
SHORT-TERM SUSPENSION PROCESS
A quick overview of the steps for Challenging a STS.
LONG-TERM SUSPENSION
Exclusion from school for a definite period of time that lasts
more than 10 school days in a row
Students rights:
 Nature and circumstances of the rule violation must warrant a LTS.
 School must first try other ways to address the behavior unless the
rule violation is “exceptional misconduct.”(School districts should
have a list of what falls into the exceptional misconduct category)
 Students in K-4th Grade cannot be given a LTS. Students in 5th grade or
above cannot be given a LTS if it will cause a loss of academic grades
or credit for more than one semester or trimester during the same
school year.
 Students have a right to a reengagement meeting under the new law.
LONG-TERM SUSPENSION
EXPULSION
Exclusion from school for an undefined period of time, but no more
than 365 days according to the new WA State Law.
Can also include a denial of admission to or entry on property
owned, leased, rented or controlled by a school district.
Students basic rights:
 Nature and circumstances of the rule violation must warrant the
harshness of an expulsion.
 School must try other ways to address behavior first, unless other ways
have been tried and failed or there is good reason to believe that other
forms of corrective action or punishment won’t change the student’s
behavior.
 Student can ask to be readmitted at any time
 Students have 3 school business days to request a hearing.
 Right to a reengagement under the new law.
EXPULSION
School must give notice with the same requirements as the
long-term suspension notice
EMERGENCY EXPULSION
An immediate removal from school for an indefinite period of
time.
Students basic rights
 District must have a good and sufficient reason to believe that the
student’s presence in the school would be unsafe to him/herself or to
others or it the students presence presents an immediate and
continuing threat to the education process
 No definite ending time, continue until the school district says the
“emergency” is over or a hearing officer changes it as a result of a
hearing.
EMERGENCY EXPULSION TIMELINE
WHAT IS A REENGAGEMENT MEETING?
WHAT HAPPENS AFTER STUDENT GETS SUSPENDED OR EXPELLED?

When you have been expelled or suspended for longer than 10 school
days, your school must create a reengagement plan.

You school should contact you to invite you to a reengagement

meeting.

This should happen within 20 days of the suspension or expulsion,

but not more than five days before the end of you exclusion.

Make sure the meeting is set for a date and time that works for you
and your family.
WHAT IS A REENGAGEMENT MEETING?
WHAT ARE THE BENEFITS OF A REENAGEMENT MEETING?

The meeting gives you, your parent/guardian, and the school

and opportunity to:
1) Build a plan to make sure everyone stays safe;
2) Plan with others for the best way for you to return to school
as soon as possible;
3) Talk with others about the situation that led to your
exclusion and plan how to make it better;
4) Help reconnect you and your family to the school so you can
succeed to school.
DISCIPLINE HEARINGS
An opportunity for the student to challenge the claims that he
or she did something wrong.
Must be scheduled within 3 business days
The hearing officer can be an employee of the school district
but cannot be someone who is also a witness (the hearing
officer can’t be someone who took part in the original
decision to suspend or expel the student.)
WHEN DO YOU HAVE TO APPEAL!?!?!
If you are suspended on Monday and
receive the notice of suspension on
Friday by what day do you need to
request the hearing?

*Remember you have 3 business days to

file notice of appeal.
DISCIPLINE HEARING: WHAT TO EXPECT
District will go first and present documents, witnesses, and
reasons why the student should be punished. The student
and family will also get an opportunity to present
documents, witnesses, and reasons why the student should
not be punished in the way proposed by the district.
The hearing officer may make a decision at the end of the
hearing or wait to send it in writing.
Hearing officers must make decisions about emergency
expulsion hearings within one school business day after the
hearing.
THINGS TO DO TO PREPARE FOR A DISCIPLINE HEARING

Look at school districts evidence

Figure out where you disagree with the district– whether you
agree with the facts and the fairness of the punishment.
Bring documents and witnesses to the hearing. Make 3 copies
of the documents you want to present (for the hearing
officer, school district and yourself.)
Think of questions you want to ask the school district
witnesses.
Bring a lawyer if you can.
IF YOU LOSE THE HEARING…
You have a right to appeal the hearing decision
 Appeal must be requested within 3 school business days of receiving
the hearing officers decisions.
 Appeals are heard by the school board and sometimes an appeals
council designated by the school board.
 Further appeal would be to superior court
READMISSION TO SCHOOL AFTER AN EXPULSION OR SUSPENSION

There are several ways to get back into school

Wait for the time period to run out
Petition for readmission
Ask for alternative education
Try enrolling in another school or district
ALTERNATIVE EDUCATION
Public education provided in a setting or way that is different
from the regular public school. Some districts offer alternative
education through reentry programs, internet or computer
learning classes, community colleges and special schools.
PETITION FOR READMISSION
Students who have been excluded form school can ask to be
readmitted into school at any time during the exclusion.
Strong petitions can include
 information about positive things the student has done since the
incident
 letters from adults and supervisors
 the students goals, strengths, and interests.
 Creative proposals such as returning for a probationary period,
abiding by a behavior plan or getting extra support.
STUDENTS WITH DISABILITIES
We will not go in depth on this.

HOWEVER, you should know:

1. Students with Individualized Education Plans have EXTRA
protections under law.
2. Students with IEPs have the right to an additional hearing
called a manifestation hearing. This is to decide if the
behavior is connected to their IEP. If it is the school is
required to try other means of correcting the behavior
before using a suspension or expulsion.
3. The appeal process is more complex if a student has an IEP.
Please contact REAL or Team Child for assistance from
educational advocate. REAL information is at the end of this
power point.
YOU BE THE JUDGE
What is a Mock Hearing?
A student mock hearing is a simulation of a real court trial or
administrative hearing, with students playing the roles of lawyers,
witnesses, accused, court staff and in some cases the judge.

Fact scenarios can include civil or criminal disputes. The fact scenario
today will be for an administrative hearing regarding a long-term
suspension.

During mock hearings, students reenact every step of a real hearing.

Depending on the type of hearing this may include; opening the case,
examining witnesses, presenting legal arguments, making and
responding to objections, making sentencing submissions, mediating,
negotiating with opposing counsel, and receiving a judgment.
ROLES
Panel of Judges – page 6
- Need at least 2 students to pair up with a law student
Student—Mary Jane – page 11
- Need one student
Representatives for School District – page 7
- Need at least 2 students
Representatives for the Student – page 9
- Need at least 2 students
Witness—Principal of School - page 12
- Need one student
ORDER OF THE HEARING
Opening Statement from School District
Opening Statement from Student Reps
Call witness for School District
Cross-Examination by Student Reps
Student: Mary Jane
Cross-Examination by School District of Mary Jane
Closing Statement from School District
Closing Statement from Student Reps