FAQs - Suspension and Expulsion
What is the difference between a short-term suspension, a long-term suspension, an emergency
expulsion, and an expulsion?
A short-term suspension is a denial of attendance for up to an including 10 school days. A long-term
suspension is a denial of attendance for a definite period of time that exceeds 10 days. An expulsion is a
denial of attendance from any class or subject or for the student’s full schedule of classes for no longer
than one calendar year unless an application for re-admission is granted. An emergency expulsion is a
denial of attendance for no more than 10 days, imposed only while a student poses a continuing danger
or continuing risk of substantial disruption. An emergency expulsion must end or be converted to
another form of corrective action within that 10 day period.
My child has never been in trouble before, and is now suspended. Is this legal?
Probably, if the infraction is something the district considers “exceptional misconduct.” State law
generally requires school districts to try other types of discipline before resorting to suspension. Each
district may, however, develop a list of infractions that are so serious that they can result in suspension
on a first infraction. These infractions are considered “exceptional misconduct,” and should be outlined
in district policy.
My child has been suspended from school. What are his/her rights?
The right to attend public school cannot be taken away due to discipline unless a school provides a
student with “due process.” This essentially means that they must have an opportunity to hear the rule
they are accused of breaking, be advised of the evidence against them, and have an opportunity to tell
their side.
For short-term suspensions (up to 10 days), the student or their parent is entitled to an informal
meeting with the principal before the suspension is imposed. For long-term suspensions, the student
must be provided an opportunity for a hearing before the suspension is imposed.
For all suspensions or expulsions, appeals may be made to the superintendent, followed by the school
board, and ultimately to the courts. More information can be found in WAC 392-400-310.
What are the education options for students that have been long-term suspended or expelled?
Expelled students often have great difficulty finding a way to complete a high school diploma. School
districts must create reengagement plans tailored to the needs of individual students. The plans must
consider the incident which led to the student’s long-term suspension or expulsion. These plans should:
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Address and attempt to remedy the behavior which led to the student’s suspension or
expulsion,
Attempt to return the student to an appropriate educational setting as soon as possible,
Have an identified staff person to communicate with the student and his/her family/guardians,
Consider shortening the length of the suspension or expulsion,
Consider other corrective actions and/or interventions to support the student,
Include a meeting with the student and his/her family/guardians within 20 days of the
suspension or expulsion or before 5 days before the student’s returns to an educational setting.
There are several options available for educational support:
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Expelled students may apply at any time for re-admission to the district they were expelled
from, and under some circumstances may be allowed to return if they meet certain conditions
(such as substance abuse counseling) which might be included in their re-engagement plan.
Application may be made to nearby districts as a non-resident student. Districts may reject
applications based on an expulsion of 10 or more days, but must also allow the non-resident
student to use the same re-admission procedures available to resident students.
Some expelled students will find online schools an option, but they will again be making nonresident application and may face rejection based on their discipline.
How can I apply to have my son/daughter re-admitted after they were suspended or expelled?
A student who has been suspended or expelled can apply for readmission to his/her school district at
any time. Each school district must have written rules and procedures to apply for readmission.
What should happen at an appeal hearing for a suspension or expulsion?
A discipline appeal hearing is generally a closed, quasi-judicial proceeding. That means it is operated
much like a court of law, with similar but less rigid rules and structure.
An appeal hearing may be presided over by a district official such as a superintendent, an independent
hearing officer, or the board of directors. Some districts may use a disciplinary board or committee. At
the hearing, each side should be allowed to present their side of the case. The school will present their
argument as to why the discipline should be upheld, and the student or their representative (parent or
attorney) will present their argument as to why the discipline should be overturned or reduced. Both
sides can introduce evidence as part of their argument. Each side has a right to examine any documents
or evident the other intends to use, and has the right to confront and cross-examine witnesses. The
decision of the hearing officer or board must be made entirely based on the information presented in
the hearing.
Under state law, the hearing must be either tape-recorded or a verbatim transcript must be kept.
Requirements for appeal hearings can be found in WAC 392-400-315.
Can a district suspend or expel a student without a hearing?
In general, a district must provide an opportunity for a hearing before imposing a long-term suspension
or expulsion. The exceptions to this rule are emergency situations and short-term suspensions. Schools
may emergency expel students without first providing a hearing, but the expulsion may only continue as
long as the emergency exists. Schools may short-term suspend a student without providing a formal
hearing.
Is my child expelled from all schools in Washington?
No, unless the expulsion was for a firearm. Washington’s school districts are each separate entities, and
an expulsion from one district does not automatically apply to all other districts. A district can reject a
non-resident application based on an expulsion that exceeds 10 days, but a district cannot refuse to
enroll a resident student who has been expelled from a previous district unless the expulsion was for a
firearm. A district may, however, determine the best placement for a new student (such as an
alternative school), or possibly place reasonable restrictions on the student at the time of enrollment
(such as a behavior or a reengagement plan).
Does the school have to provide homework for my son/daughter during their suspension?
For short-term suspension (10 days or less), the school has to provide an opportunity for the student to
make up missed work that would affect their grade. It is typical for schools to allow a time equal to the
length of the suspension for make-up of tests and assignments. If the school is agreeable, having
students keep up with assignments during the suspension will mean they are not behind when they
return to school.
For long-term suspensions and expulsions, there is no requirement for schools to provide assignments.
However, individual reengagement plans must be developed.