Washington Administrative Code
Title 392 - Public Instruction, Superintendent of
Chapter 392-400 - Student discipline
Section 392-400-020 - Application
Universal Citation: WA Admin Code 392-400-020
Current through Register Vol. 24-06, March 15, 2024
(1) This chapter establishes the minimum procedural and substantive due process rights of students when they may be subject to discipline in Washington school districts. A school district may establish additional due process protections for students consistent with federal statutes and regulations, state statutes, common law, and rules prescribed by the office of superintendent of public instruction.
(2) This chapter must be construed in a manner consistent with the following laws and rules:
(a)
RCW
28A.600.010 through
28A.600.022
and
28A.320.211,
regarding the administration of student discipline;
(b)
RCW
28A.300.042, regarding the collection,
reporting, and disaggregation of student-level discipline data;
(c) Chapter 392-190 WAC, prohibiting unlawful
discrimination in Washington public schools, including the requirement under
WAC
392-190-048
that school districts annually review disaggregated discipline data to identify
and address disproportionality in the administration of discipline on the basis
of sex, race, limited-English proficiency (i.e., English learners), and
disability, including students protected under Section 504 of the
Rehabilitation Act of 1973 and Part B of the Individuals with Disabilities
Education Act;
(d) WAC
392-172A-05140 through
392-172A-05175,
and 34 C.F.R. Part 300.530 through 300.536, regarding the discipline of
students with disabilities under the Individuals with Disabilities Education
Act;
(e)
RCW
28A.165.035, regarding the state menu of best
practices and strategies for behavior; and
(f)
RCW
28A.415.410 and
28A.415.420,
regarding training to support school personnel in implementing discipline
policies and procedures and gaining knowledge and skills in cultural
competence.
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