parents' guide to public school discipline in washington - ACLU of ...

20 Parents’ Guide to Public School Discipline in Washington Parents’ Guide to Public School Discipline in Washington 21The steps in the hearing process are:1. Request a hearing!Once you receive notice of the long-term suspension, expulsion,or emergency expulsion, the first step is to request a hearing.The time for requesting a hearing is very short. To appeal long-term suspensions and expulsions, youmust request a hearing within 3 days. To appeal emergency expulsions, you must request ahearing within 10 days.Students can also request ahearing on their own, butwe recommend that studentsseek guidance froma trusted adult or youthadvocate to help themthrough the process.Your Child Can Stayin School!In the case of long-termsuspensions and expulsions,if you request ahearing in time, your child isentitled to remain in schooluntil after the hearing.If you request a hearingin time, the school shouldschedule it to start within 3 days of receiving your request.2. Hearing before a neutral “hearing examiner”The next step will be a hearing before a “hearing examiner,”who is a neutral person designated by the school district todecide disciplinary appeals. In small districts, the hearingexaminer may be a school administrator who has had no priorinvolvement in the incident.At the hearing examiner level, you will have the opportunity toreview the school’s evidence in advance, call witnesses, questionthe school’s witnesses, introduce exhibits, and be representedby an attorney, at your own expense.3. Appeal to the school boardAfter the hearing examiner’s decision, the next step is an appealto the school board (or a disciplinary appeals panel).If you want to appeal to the school board or appeals panel,you must: submit your notice of appeal within 3 days of receivingthe hearing examiner’s decision put your notice in writing deliver it to the district office or the hearing examinerIn any district, once you are at the level of the board or appealspanel, first there will be an informal conference to decide themost appropriate means of resolving the appeal. At the conference,you have a right to be heard, and be represented by anattorney at your own expense, and may be able to call witnessesand introduce testimony. Before the end of the conference,the board or appeals panel must decide if it will makeits decision based on the evidence already presented, acceptfurther argument, or hold a new hearing.If the board decides to hold a new hearing, you will have theopportunity again to call witnesses, question the school’s witnesses,introduce exhibits and be represented by an attorney atyour own expense.4. Appeal to the Superior CourtIf you are not satisfied with the final decision of the schoolboard or disciplinary appeals panel, you have 30 days to appealto the Superior Court of your county.If the school’s actions violate the law or the student’s constitutionalrights, it is possible to file a lawsuit in state or federal court withoutgoing through the district’s appeal procedures. Unless there is severe