Constitutional Rights and Education in Washington State

WHAT IS A RIGHT? A legal entitlement to obtain something or to act in a certain way. 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 The sovereignty to act without the permission of others as long as your acting does not infringe upon the rights of another person. not infringe upon the rights of another person. A right is universal and applies to all people, not just a few. A right is universal and applies to all people, not just a few.

WHAT IS A CONSTITUTIONAL RIGHT? The legal right of a citizen that is protected by a sovereignty, state or countries The legal right of a citizen that is protected by a sovereignty, state or countries constitution. constitution. Your Constitutional rights are protected by the Constitution of the United States and Your Constitutional rights are protected by the Constitution of the United States and by the Washington State Constitution. by the Washington State Constitution. In the United States, the US as a country, Reservations and States are all considered In the United States, the US as a country, Reservations and States are all considered sovereigns. sovereigns.

DO YOU HAVE A RIGHT TO EDUCATION? Yes. There is a basic right to education in Washington State. Yes. There is a basic right to education in Washington State. The Washington State Constitution states that an ample education is the state s 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 paramount duty. It is the state s highest most important duty to provide a system of public education for students of school age. public education for students of school age. - - WA. CONST. Art. 9, WA. CONST. Art. 9, 1 & 2 1 & 2

RIGHT TO EDUCATION Student Rights & Responsibilities Student Rights & Responsibilities Rights: A student has a basic right to an equal educational opportunity which cannot be Rights: A student has a basic right to an equal educational opportunity which cannot be taken away ( taken away (i i) on the basis of unlawful discrimination or (ii) without due process of law. ) on the basis of unlawful discrimination or (ii) without due process of law. Responsibilities: Responsibilities: - Attend school regularly Attend school regularly - Follow the rules Follow the rules and regulations and regulations - Take required courses Take required courses - Listen to school leadership (teachers & staff) Listen to school leadership (teachers & staff) - GRADUATE!* GRADUATE!*

RIGHT TO EDUCATION A school district cannot take away a student s right to education without providing him 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. or her with an opportunity to dispute the removal from school.

METHODS A SCHOOL CAN USE TO DISCIPLINE A STUDENT Send a student home early Send a student home early Require a conference with teacher or principal Require a conference with teacher or principal Impose an in Impose an in- -school suspension or detention that separates the student from other school suspension or detention that separates the student from other students students Refer the student for outside help such as counseling or a drug and alcohol Refer the student for outside help such as counseling or a drug and alcohol evaluation evaluation Immediately remove the student from school on an emergency expulsion. Immediately remove the student from school on an emergency expulsion. Suspension Suspension Expulsion Expulsion Call the police or make a referral to juvenile court if a crime is alleged to have been Call the police or make a referral to juvenile court if a crime is alleged to have been committed committed

IMPORTANT CHANGES TO THE LAW As of September 30, 2013 new school discipline laws went into effect. As of September 30, 2013 new school discipline laws went into effect. School districts can School districts can NO NO longer: longer: - Exclude a student form school for an indefinite period of time. Exclude a student form school for an indefinite period of time. - Suspension and expulsion cannot last longer than one year Suspension and expulsion cannot last longer than one year - School districts must create re School districts must create re- -engagement plans tailored to students individual engagement plans tailored to students individual circumstances for re circumstances for re- -admission admission

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

SHORT-TERM SUSPENSION Suspension for 10 school days or less. Suspension for 10 school days or less. School must 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-4thgraders 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.

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

LONG-TERM SUSPENSION Exclusion from school for a definite period of time that lasts more than 10 school Exclusion from school for a definite period of time that lasts more than 10 school days in a row days in a row Students rights: 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-4thGrade cannot be given a LTS. Students in 5thgrade 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.

LONG-TERM SUSPENSION

EXPULSION Exclusion from school for an undefined period of time, but no more than 365 days Exclusion from school for an undefined period of time, but no more than 365 days according to the new WA State Law. according to the new WA State Law. Can also include a denial of admission to or entry on property owned, leased, rented Can also include a denial of admission to or entry on property owned, leased, rented or controlled by a school district. or controlled by a school district. Students basic rights: 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.

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

EMERGENCY EXPULSION An immediate removal from school for an indefinite period of time. An immediate removal from school for an indefinite period of time. Students basic rights 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.

EMERGENCY EXPULSION TIMELINE

WHAT IS A REENGAGEMENT MEETING? WHAT HAPPENS AFTER STUDENT GETS SUSPENDED OR EXPELLED? WHAT HAPPENS AFTER STUDENT GETS SUSPENDED OR EXPELLED? When you have been expelled or suspended for longer than 10 school days, your When you have been expelled or suspended for longer than 10 school days, your school must create a reengagement plan. school must create a reengagement plan. You school should contact you to invite you to a reengagement meeting. 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 This should happen within 20 days of the suspension or expulsion, but not more than five days before the end of you exclusion. 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. Make sure the meeting is set for a date and time that works for you and your family.

WHAT IS A REENGAGEMENT MEETING? WHAT ARE THE BENEFITS OF A REENAGEMENT MEETING? WHAT ARE THE BENEFITS OF A REENAGEMENT MEETING? The meeting gives you, your parent/guardian, and the school and opportunity to: The meeting gives you, your parent/guardian, and the school and opportunity to: 1) 1) Build a plan to make sure everyone stays safe; Build a plan to make sure everyone stays safe; 2) 2) Plan with others for the best way for you to return to school as soon as possible; Plan with others for the best way for you to return to school as soon as possible; 3) 3) Talk with others about the situation that led to your exclusion and plan how to Talk with others about the situation that led to your exclusion and plan how to make it better; make it better; 4) 4) Help reconnect you and your family to the school so you can succeed to school. Help reconnect you and your family to the school so you can succeed to school.

DISCIPLINE HEARINGS An opportunity for the student to challenge the claims that he or she did something An opportunity for the student to challenge the claims that he or she did something wrong. wrong. Must be scheduled within 3 business days Must be scheduled within 3 business days The hearing officer can be an employee of the school district but cannot be someone 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 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.) original decision to suspend or expel the student.)

WHEN DO YOU HAVE TO APPEAL!?!?! If you are suspended on Monday and receive the notice If you are suspended on Monday and receive the notice of suspension on Friday by what day do you need to of suspension on Friday by what day do you need to request the hearing? request the hearing? *Remember you have 3 business days to file notice of *Remember you have 3 business days to file notice of appeal. appeal.

DISCIPLINE HEARING: WHAT TO EXPECT District will go first and present documents, witnesses, and reasons why the student 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 should be punished. The student and family will also get an opportunity to present documents, witnesses, and reasons why the student should not be present documents, witnesses, and reasons why the student should not be punished in the way proposed by the district. 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 The hearing officer may make a decision at the end of the hearing or wait to send it in writing. writing. Hearing officers must make decisions about emergency expulsion hearings within Hearing officers must make decisions about emergency expulsion hearings within one school business day after the hearing. one school business day after the hearing.

THINGS TO DO TO PREPARE FOR A DISCIPLINE HEARING Look at school districts evidence Look at school districts evidence Figure out where you disagree with the district Figure out where you disagree with the district whether you agree with the facts and the fairness of the punishment. the fairness of the punishment. whether you agree with the facts and Bring documents and witnesses to the hearing. Make 3 copies of the documents you 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.) want to present (for the hearing officer, school district and yourself.) Think of questions you want to ask the school district witnesses. Think of questions you want to ask the school district witnesses. Bring a lawyer if you can. Bring a lawyer if you can.

IF YOU LOSE THE HEARING You have a right to appeal the hearing decision 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

READMISSION TO SCHOOL AFTER AN EXPULSION OR SUSPENSION There are several ways to get back into school There are several ways to get back into school Wait for the time period to run out Wait for the time period to run out Petition for readmission Petition for readmission Ask for alternative education Ask for alternative education Try enrolling in another school or district Try enrolling in another school or district

ALTERNATIVE EDUCATION Public education provided in a setting or way that is different from the regular public 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 school. Some districts offer alternative education through reentry programs, internet or computer learning classes, community colleges and special schools. or computer learning classes, community colleges and special schools.

PETITION FOR READMISSION Students who have been excluded form school can ask to be readmitted into school Students who have been excluded form school can ask to be readmitted into school at any time during the exclusion. at any time during the exclusion. Strong petitions can include 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.

STUDENTS WITH DISABILITIES We will not go in depth on this. We will not go in depth on this. HOWEVER, you should know: HOWEVER, you should know: 1. 1. Students with Individualized Education Plans have EXTRA protections under law. Students with Individualized Education Plans have EXTRA protections under law. 2. 2. Students with IEPs have the right to an additional hearing called a manifestation 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 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 school is required to try other means of correcting the behavior before using a suspension or expulsion. suspension or expulsion. 3. 3. The appeal process is more complex if a student has an IEP. Please contact REAL 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 or Team Child for assistance from educational advocate. REAL information is at the end of this power point. the end of this power point.

YOU BE THE JUDGE What is a Mock Hearing? What is a Mock Hearing? A student mock hearing is a simulation of a real court trial or administrative 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 with students playing the roles of lawyers, witnesses, accused, court staff and in some cases the judge. some cases the judge. Fact scenarios can include civil or criminal disputes. The fact scenario today will be Fact scenarios can include civil or criminal disputes. The fact scenario today will be for an administrative hearing regarding a long for an administrative hearing regarding a long- -term suspension. term suspension. During mock hearings, students reenact every step of a real hearing. Depending on 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, the type of hearing this may include; opening the case, examining witnesses, presenting legal arguments, making and responding to objections, making presenting legal arguments, making and responding to objections, making sentencing submissions, mediating, negotiating with opposing counsel, and sentencing submissions, mediating, negotiating with opposing counsel, and receiving a judgment. receiving a judgment.

ROLES Panel of Panel of Judges Judges page 6 page 6 - Need at least 2 students to pair up with a law student Need at least 2 students to pair up with a law student Student Student Mary Jane Mary Jane page 11 page 11 - Need one student Need one student Representatives for School District Representatives for School District page 7 page 7 - Need at least 2 students Need at least 2 students Representatives for the Student Representatives for the Student page 9 page 9 - Need at least 2 students Need at least 2 students Witness Witness Principal of School Principal of School - - page 12 page 12 - Need one student Need one student

ORDER OF THE HEARING Opening Statement from School District Opening Statement from School District Opening Statement from Student Reps Opening Statement from Student Reps Call witness for School District Call witness for School District Cross Cross- -Examination by Student Reps Examination by Student Reps Student: Mary Jane Student: Mary Jane Cross Cross- -Examination by School District of Mary Jane Examination by School District of Mary Jane Closing Statement from School District Closing Statement from School District Closing Statement from Student Reps Closing Statement from Student Reps

Get R.E.A.L. Get R.E.A.L. REPRESENT EDUCATE ADVOCATE LEARN 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. OUR GOALS 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 SERVICES 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. 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