Special Education Rights.pdf

In 2016, significant changes were made to school discipline laws in Washington state, applying to all public school students. Key changes include:

New limits on suspension and expulsion lengths
Restrictions on reasons for suspensions or expulsions exceeding 10 school days
Requirements for districts to provide educational services during suspensions or expulsions
Mandatory culturally responsive and sensitive re-engagement meetings

Suspension and Expulsion Rules

Students with disabilities are protected by these changes, in addition to special education rules. Schools may not suspend or expel students for more than 10 school days unless the conduct falls into one of four categories:

1. Firearms-related offenses
2. Violent or serious offenses
3. Repeat offenses, such as gang activity or property damage
4. Behavior that impacts the health or safety of others

Educational Services During Suspensions or Expulsions

All students must have access to educational services during any suspension or expulsion, even if less than 10 school days. For students with IEPs, districts must provide services in an Interim Alternative Education Setting, determined by the IEP team.

Re-Engagement Meetings

When a student is suspended or expelled for more than 10 school days, the school must invite the family and student to a re-engagement meeting to develop a plan for the student's successful return to school. Meetings must be culturally sensitive and responsive.

Resources

For more information, contact the Office of the Education Ombuds (OEO) at 1-866-297-2597 or visit their website at www.oeo.wa.gov. TeamChild, a non-profit agency, also provides civil legal representation and advocacy for youth involved in the juvenile justice system.