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An eighth grader in Yakima gets pulled into the office after a fight in the hallway. The assistant principal says the word 'suspension.' In Washington, what happens next is set by a state rule, chapter 392-400 of the Washington Administrative Code (the rulebook written by the state education agency, OSPI). It applies to every public school district in the state, and it gives students more steps than the U.S. Constitution requires.
You must be in school, and you get a hearing before you are sent home
Washington law requires school attendance for children from age 8 until they turn 18, unless they are in an approved private school, home-based instruction, or another listed option. That is a wide window, and it is one reason the state limits how long a school can keep a student out.
The federal floor comes from Goss v. Lopez (1975). The U.S. Supreme Court ruled that before a suspension of 10 days or less, a student must get notice of the charges and, if the student denies them, an explanation of the evidence and a chance to tell their side. Washington writes this into its rules as an 'initial hearing' with the principal before any suspension or expulsion. Tell your side. You are allowed to.
Limits on how long, and for whom
A 'short-term suspension' in Washington means up to 10 school days in a row out of school. A 'long-term suspension' means more than 10. An 'expulsion' means the student is denied a place at their current school.
A long-term suspension or expulsion cannot last longer than one academic term (a semester or trimester, as the school board defines it), and it cannot carry over past the school year in which the behavior happened. The main exception is a gun: a student found with a firearm at school must be expelled for at least one year. Students in kindergarten through fourth grade cannot be given a long-term suspension or expulsion except in that firearm case, and their short-term suspensions are capped at 10 school days in a term.
The written notice of a suspension must say that the student can keep receiving educational services while out. Ask what those services are and when they start.
Bullying reports and student press
Washington defines 'harassment, intimidation, and bullying' (HIB) in state law as an intentional act, whether spoken, written, physical, or online, that physically harms a student, substantially interferes with their education, or is severe or persistent enough to create an intimidating environment. Every district had to adopt a policy based on the state model, numbered 3207, by January 31, 2020, and each district names an HIB compliance officer.
If you filed a report and disagree with the result, you can appeal to the superintendent within five school days of the written decision. The superintendent has five school days to answer, and after that you can appeal to the school board.
Student journalists have extra protection. Under RCW 28A.600.027, student editors decide the content of school-sponsored media, and officials may only block a narrow list of material, such as libel or content that breaks the law.
What to do after a suspension notice
Read the written notice closely. It must list the dates, the reason, and where and to whom you can appeal. You or a parent can ask the principal for an informal conference, and the principal must hold it within three school business days. The deadline to appeal cannot be shorter than five school business days from the notice.
For a long-term suspension or expulsion, the appeal hearing is recorded, and the student can bring a lawyer, question witnesses, and present evidence. Districts must share their discipline policies with families every year, with language help for parents who have limited English. For bullying questions, OSPI's School Safety office lists 360-725-6068.
Da ricordare
- Washington requires school attendance from age 8 until 18, and every suspension starts with a hearing where you tell your side.
- Outside firearm cases, a long-term suspension or expulsion cannot last longer than one academic term, and K-4 students cannot receive one.
- You have at least five school business days to appeal, and the principal must meet within three if you ask for a conference.
- Bullying decisions can be appealed to the superintendent within five school days, then to the school board.
Fonti
- Washington State Legislature: Chapter 392-400 WAC, Student discipline (si apre in una nuova scheda)
- Washington State Legislature: RCW 28A.225.010, Attendance mandatory (si apre in una nuova scheda)
- OSPI: Harassment, Intimidation, and Bullying (HIB) (si apre in una nuova scheda)
- Cornell LII: Goss v. Lopez, 419 U.S. 565 (1975) (si apre in una nuova scheda)
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