Rrrrr

2. 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.

3. 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.

4. 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

5. 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!*

6. 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.

7. 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

8. 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

9. 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

10. 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.

11. SHORT-TERM SUSPENSION PROCESS
A quick overview of the steps for Challenging a STS.

12. 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.

13. LONG-TERM SUSPENSION

14. 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.

15. EXPULSION
School must give notice with the same requirements as the long-term
suspension notice

16. 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.

17. EMERGENCY EXPULSION TIMELINE

18. 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.

19. 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.

20. 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.)

21. 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.

22. 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.

23. 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.

24. 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

25. 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

26. 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.

27. 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.

28. 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.

29. 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.

30. 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

31. 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

32. G
et R.E
.A.L.
Get R.E.A.L. is a suspension advocacy project at the University of Washington through the UW School of Law Race & Justice Project
that aims to get youth back into school and end disproportionality in school discipline in Washington State Public Schools.
If you’re looking for representation please call (585) OUR-SCHL/(585) 687-7245 and leave a voice message.
We will return your call as soon as possible.
We can also be reached at getbackintoschool@gmail.com
G
et R.E
.A.L.
REPRESENT EDUCATE ADVOCATE LEARN
Represent students in suspension appeals hearings.
Educate students, parents and community members regarding educational rights.
Advocate with communities at the state and local level for better educational practices
around discipline.
Learn together so that we can be solution oriented in ending disproportionality and
closing the opportunity gap.
OUR GOALS
Represent
- We support and represent students who are appealing a suspension or expulsion.
- We support and represent students who are seeking re-admissions to a public
school.
Educate
- We provide workshops and materials for community organizations, community
groups, schools, etc. regarding school discipline and educational advocacy for
students.
Advocate
- We work with the to develop tools to advocate for systemic change around school
discipline.
Learn
- The Race & Justice project at the University of Washington is a law school clinic
that aims to train and prepare community lawyers.
OUR SERVICES