Title 72 WAC — Blind, Washington State School for the

Chapter 72-100 Organization.

Wash. Admin. Code § 72-100-001 Description of organization.

(1) The Washington state school for the blind is a state agency established and organized under the authority of chapter 72.40 RCW. The primary purpose of the school is to educate and train visually impaired children.

(2) The school operates under the direction and control of the superintendent. A board of trustees serves as an advisory board to the superintendent and to the legislature and performs various other functions as provided in chapter 72.42 RCW. The school for the blind is comprised of three components: Education; residential life; and support services. The school principal directs the education component. The director of residential life oversees the residential life component. Support services are provided by consolidated services under an interagency agreement between the Washington state school for the blind and the Washington state school for the deaf. Medical services and outreach programs are under the direction of the superintendent. A detailed organizational chart is available at the administrative office of the school.

(3) The administrative office of the school is located at 2214 East 13th Street, Vancouver, Washington 98661. Any person may obtain additional information and make submissions and requests at the administrative office.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-003, § 72-100-001, filed 7/19/90, effective 8/19/90.

Chapter 72-108 Practice and procedure.

Wash. Admin. Code § 72-108-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at the school, with the following exception: WAC 10-08-190 Adjudicative proceedings—Cameras—Recording devices. See WAC 72-108-090 which determines the use of cameras and recording devices at adjudicative proceedings. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by the school shall govern.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-020 Appointment of presiding officers.

Unless the hearing is assigned to the office of administrative hearings, the superintendent or the superintendent's designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the superintendent or their designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the superintendent or the superintendent's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-108-020, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-020, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-030 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-030, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-040 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:

Washington State School for the Blind

2214 East 13th Street, S-27

Vancouver, Washington 98661

Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-040, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-060 Discovery.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-060, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-070 Confidentiality of formal adjudicative proceedings.

In formal adjudicative proceedings, the presiding officer shall have the power to close all or part of the hearing to public observation. The presiding officer shall have the power to impose reasonable conditions upon observation of the proceeding and regulate the use of photographic and recording equipment to preserve confidentiality.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-070, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-080 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-080, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-090 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 72-108-070, except for the method of official recording selected by the school.

History

Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-090, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-108-100 Brief adjudicative procedure.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the superintendent, in regard to:

(1) Student conduct disciplinary proceedings involving in-school suspension or suspensions of 10 instructional days or less and any conditions or terms placed on a student;

(2) Amendment of education records pursuant to WAC 72-280-030; and

(3) Residency determinations made pursuant to WAC 72-130-040.

Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

History

Statutory Authority: RCW 34.05.010(16) and 72.40.022(15). WSR 25-09-086, s 72-108-100, filed 4/17/25, effective 5/18/25. Statutory Authority: RCW 72.40.022, 34.05.220 (1)(a) and 34.05.250. WSR 90-16-004, § 72-108-100, filed 7/19/90, effective 8/19/90.

Chapter 72-120 Student conduct code.

Wash. Admin. Code § 72-120-001 Purpose.

WAC 392-400-010, the rule for purpose, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-001, filed 4/17/25, effective 5/18/25. Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-001, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-120-002 Application.

This chapter must be construed in a manner consistent with the following laws and rules:

(1) RCW 28A.600.010 through 28A.600.022 and 28A.320.211, regarding the administration of student discipline;

(2) RCW 28A.300.042, regarding the collection, reporting, and disaggregation of student-level discipline data;

(3) 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;

(4) 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; and

(5) RCW 28A.415.410, regarding training to support school personnel in implementing discipline policies and procedures and gaining knowledge and skills in cultural competence.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-002, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-005 Definitions.

For the purposes of this student conduct code, the following definitions apply:

(1) "Assistant principal" means the associate director of on-campus education, associate director of transition and residential, or designees.

(2) "Behavioral violation" means a student's behavior that violates the school's student conduct code or discipline policies.

(3) "Classroom exclusion" means the exclusion of a student from a classroom or instructional or activity area for a discretionary behavioral violation that creates a disruption of the educational process in violation of the school's disciplinary policies subject to the requirements in WAC 72-120-330 through 72-120-335.

(4) "Corrective action" means disciplinary and nondisciplinary actions taken by a certificated educator. Nondisciplinary actions include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations.

(5) "Culturally responsive" has the same meaning as "cultural competency" in RCW 28A.410.270.

(6) "Discretionary discipline" means a disciplinary action taken by the school for student behavior that violates rules of student conduct adopted by the school under RCW 28A.600.015(6). Discretionary discipline does not include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations.

(7) "Disruption of the educational process" means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students.

(8) "Emergency removal" means the removal of a student from school because the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 72-120-510 through 72-120-530.

(9) "Expulsion" means a denial of admission to the Washington state school for the blind in response to a behavioral violation, subject to the requirements in WAC 72-120-430 through 72-120-475.

(10) "Length of an academic term" means the total number of school days in a single trimester or semester, as defined by the school.

(11) "Nondiscretionary discipline" means:

(a) Violations of RCW 28A.600.420;

(b) An offense listed in RCW 13.04.155;

(c) Two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period; or

(d) Behavior that adversely impacts the health or safety of other students or educational staff. RCW 28A.600.015.

(12) "Parent" has the same meaning as in WAC 392-172A-01125.

(13) "Principal" means the school's director of on-campus education or designee.

(14) "School" means the Washington state school for the blind.

(15) "School business day" means any calendar day, except Saturdays, Sundays, or any federal, state, or school holiday, when the school is open to the public for business.

(16) "School day" means any day or partial day that students are in attendance at school for instructional purposes.

(17) "Superintendent" means the superintendent of the Washington state school for the blind or designee.

(18) "Suspension" means a denial of attendance in response to a behavioral violation from any subject or class, or from any expulsions or emergency removals.

(a) "In-school suspension" means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to 10 consecutive school days, subject to the requirements in WAC 72-120-430 through 72-120-470.

(b) "Long-term suspension" means a suspension in which a student is excluded from school for more than 10 consecutive school days, subject to the requirements in WAC 72-120-430 through 72-120-470.

(c) "Short-term suspension" means a suspension in which a student is excluded from school for up to 10 consecutive school days, subject to the requirements in WAC 72-120-430 through 72-120-470.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-005, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-010 Student responsibilities and duties.

The mission of the Washington state school for the blind is to provide specialized educational services to blind, visually impaired and deaf-blind students which will assist those students to develop skills, competencies and attitudes that are fundamental to the development of responsible, contributing citizens. Admission to the Washington state school for the blind carries with it the obligation of responsibility for the welfare of the school. In order to advance the mission of the school, it shall be the responsibility and duty of each student to pursue their course of studies, respect the rights of others, comply with written rules adopted herein, and submit to reasonable corrective action for violation(s) of such rules. This chapter is intended to assure that corrective action is imposed for just cause and in a fair and reasonable manner.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-120-010, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-010, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 90-16-005, § 72-120-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-120-012 Jurisdiction.

The student conduct code shall apply to student conduct that occurs on school premises, during transportation to and from school, to conduct that occurs at or in connection with school-sponsored programs or activities, or to off-campus conduct (or in nonschool electronic environments) that in the judgment of the school threatens safety or security or otherwise adversely impacts the school community.

History

Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-012, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-120-015 Student rights.

(1) Each student shall possess the following substantive rights:

(a) No student shall be unlawfully denied an equal educational opportunity or be unlawfully discriminated against because of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal.

(b) Students possess the constitutional right to freedom of speech and press, and the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances.

(c) Students possess the rights, guaranteed under the Constitution, to the free exercise of religion and to have their school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising such right.

(d) Students possess the constitutional right to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures, subject to limitations set forth in RCW 28A.67.300, 28A.67.310, 28A.67.320, and 28A.67.330.

(e) Students shall have the right to be free from unlawful interference in their pursuit of an education while enrolled at the Washington state school for the blind.

(f) Students shall not be deprived of the right to an equal educational opportunity in whole or in part by the Washington state school for the blind without due process including:

(i) Notice to the accused of the nature of the charges and the proposed disciplinary action; and

(ii) The opportunity to request a hearing as set forth in this chapter.

(2) The foregoing enumeration of rights shall not be construed to deny or disparage other rights guaranteed in the Constitution and the laws of the state of Washington.

(3) The school shall publish and make available to all students and parents, on an annual basis, written rules which state with reasonable clarity the types of misconduct for which disciplinary action may be imposed.

History

Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-015, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 90-16-005, § 72-120-015, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-120-020 References to OSPI's rules.

Where OSPI's rules are incorporated by reference: "School district" means "Washington state school for the blind"; "school district superintendent" means "superintendent of the Washington state school for the blind." These substitutions should be made as appropriate. They should not be made where the "school district" referred to is the student's district of residence.

History

Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-020, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-120-110 Behavioral violations.

Having sought the participation of school personnel, students, parents, families, and the community, the school has developed definitions for the following behavioral violations, which state the types of behaviors for which discipline - including classroom exclusion, suspension, and expulsion - may be administered:

The school may impose disciplinary sanctions against a student who commits, or aids, abets, incites, encourages or assists another person to commit, behavioral violations set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means.

(1) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights. The term includes personal offenses committed by electronic means.

(a) Bullying is physical or verbal abuse, repeated over time, and involving a power imbalance between the aggressor and victim.

(b) Stalking is intentional and repeated following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such an intent.

(2) Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of school property or the property of another person; including possession of such property or money after it has been stolen. Property for purposes of this subsection includes computer passwords, access codes, identification cards, other confidential personal information, and intellectual property.

(3) Sexual misconduct. The term "sexual misconduct" includes, but is not limited to, sexual harassment and sexual violence.

(a) Sexual harassment. The term "sexual harassment" means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, and that does deny or limit, based on sex, the ability of a student to participate in or benefit from the school's educational programs/activities or that creates an intimidating, hostile, or offensive educational environment.

Sexual harassment may include conduct or communication that involves adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female to female.

(b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and means threatening or emotionally distressing conduct based on sex, including stalking (or cyberstalking), voyeurism, indecent exposure, or the nonconsensual recording of sexual activity or distribution of such recording.

(c) Sexual violence. The term "sexual violence" incorporates the definition of "sexual harassment" and means a physical sexual act perpetrated without clear, knowing, and voluntary consent, such as committing a sexual act against a person's will, exceeding the scope of consent, or where the person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, sexual coercion, sexual exploitation, or gender- or sex-based stalking. A person may be incapable of giving consent because they are underage, unable to understand what is happening, or are disoriented, helpless, asleep or unconscious for any reason, including due to drug or alcohol consumption, are disabled, or cannot consent because of threat or intimidation.

(4) Disruptive or obstructive conduct. The term "disruptive" or "obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, administrative, or other functions, procedures, services, programs, or activities of the school. The term includes disorderly conduct, breach of the peace, lewd or obscene conduct, obstruction of pedestrian or vehicular traffic, or interfering with the orderly conduct of school investigations or disciplinary proceedings, including interfering with or retaliating against any complainant, witness, or other participant.

(5) Failure to comply. Refusal or failure to comply with instructions or directions of school officials, refusing to comply with any term or condition of a disciplinary sanction.

(6) Safety violations. Any nonaccidental conduct that interferes with or otherwise compromises any school policy, equipment, or procedure relating to the safety and security of the school community, including tampering with or disabling safety equipment and triggering false alarms or other emergency response systems.

(7) False or deceptive conduct. The term "false" or "deceptive conduct" means dishonest conduct (other than academic dishonesty) that includes forgery, altering or falsifying of school records, furnishing false or misleading information, or falsely accusing any person of misconduct.

(8) Academic dishonesty. All forms of cheating, plagiarism and fabrication.

(a) Cheating. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment. This includes assisting another to commit an act of academic dishonesty or allowing someone to do these things for one's benefit.

(b) Plagiarism. Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

(c) Fabrication. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to a teacher concerning the completion of an assignment.

(9) Unauthorized access. The term "unauthorized access" means gaining entry without permission to any restricted area or property of the school or the property of another person, including any computer system, email account, or electronic or paper files. Unauthorized access includes computer hacking and the unauthorized possession or sharing of any restricted means of gaining access, including keys, keycards, passwords, or access codes.

(10) Alcohol, drug and tobacco violations.

(a) Alcohol. Use, possession, delivery, or being visibly under the influence of any alcoholic beverages.

(b) Marijuana. Use, possession, delivery, or being visibly under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form.

(c) Drug. Use, possession, distribution, delivery, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.

(d) Tobacco. Smoking or use of tobacco, tobacco products, electronic smoking devices, or other smoking devices.

(11) Retaliation. Harming, threatening, intimidating, coercing or taking adverse action of any kind against a person because such person reported an alleged violation of this code or other school policies, provided information about an alleged violation, or participated as a witness or in any other capacity in an investigation or disciplinary proceeding.

(12) Weapons violations. A "weapons violation" includes possessing, carrying, displaying, exhibiting, or storing any firearm or dangerous weapon. Dangerous weapons include, but are not limited to, firearms, dangerous chemicals, explosives, sling shots, sand clubs, metal knuckles, daggers, dirks, spring blade knives, nunchaku sticks, throwing stars, air guns, stun guns, and devices used or intended to be used as a weapon to injure a person by an electric shock, charge, or impulse.

(13) Harassment, intimidation or bullying. Harassment, intimidation or bullying means any intentional electronic, written, verbal or physical act including, but not limited to, one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation including gender identity or expression, mental or physical disability, socio-economic status, physical appearance, or other distinguishing characteristic, when the act:

(a) Physically harms a student or damages the student's property;

(b) Has the effect of substantially interfering with a student's education;

(d) Has the effect of substantially disrupting the orderly operation of the school.

Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.

"Intentional act" refers to the individual's choice to engage in the act rather than the ultimate impact of the action(s).

Harassment, intimidation, and bullying are often carried out through acts of misconduct, which are addressed and prohibited under other rules in this chapter.

(14) Gang activity. Claiming membership in, association with, affiliation with, or participation in a gang, in gang-related activities or similar destructive or illegal group behavior at school, during school-related functions, or on any school property. "Gang" has the meaning given the term under RCW 28A.600.455.

(15) Theft or misuse of electronic resources. Theft or misuse of computer time or other electronic information resources of the school. Such misuse includes, but is not limited to:

(a) Unauthorized use of such resources or opening of a file, message, or other item;

(b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item;

(d) Use of such time or resources to interfere with someone else's work;

(e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image;

(f) Use of such time or resources to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person;

(g) Use of such time or resources to interfere with normal operation of the school's computing system or other electronic information resources;

(h) Use of such time or resources in violation of applicable copyright or other law;

(i) Failure to comply with the student computing resources policy.

(16) Cyber misconduct. Cyberstalking, cyberbullying, or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites to harass, abuse, bully, or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.

(17) Violation of other laws or policies. Violation of any federal, state, local law, rule, or regulation or other school rules or policies which are published annually in the student/parent handbook.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-110, filed 4/17/25, effective 5/18/25. Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-120-110, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-110, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-120-201 Discipline procedures.

Disciplinary procedures for students at the school who are eligible for special education shall follow the requirements in WAC 392-172A-05140 through 392-172A-05175, which are adopted by reference. In addition to the rules and procedures in this chapter, students may also be subject to rules and procedures governing discipline for all students in public schools in chapter 392-400 WAC. The school shall determine on a case-by-case basis whether and to what extent the rules and procedures in chapter 392-400 WAC may apply.

History

Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-201, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-120-205 Limitations.

(1) The school will not administer discipline in a manner that would prevent a student from completing subject, grade-level, or graduation requirements, provided, that a student's academic grade or credit in a particular subject or course may be adversely affected as a result of excessive tardiness or absences.

(2) The school will not suspend the provision of educational services to a student in response to behavioral violations.

(3) The school will not administer any discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to the student.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-205, filed 4/17/25, effective 5/18/25. Statutory Authority: RCW 72.40.022, 28A.300.285 and 20 U.S.C. § 1681 et seq. WSR 16-13-069, § 72-120-205, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 90-16-005, § 72-120-205, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-120-211 Staff authority to impose discipline.

(1) In accordance with this chapter and school policy, staff will administer discipline in ways that respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible.

(2) The superintendent has general authority to administer discipline, including all exclusionary discipline.

(3) The superintendent designates disciplinary authority to impose:

(a) In-school suspension and short-term suspension to the assistant principals and principal;

(b) Long-term suspension to the assistant principals and principal;

(d) Emergency removal to the assistant principals and principal.

(4) The superintendent authorizes the assistant principals and principal to administer discretionary or nondiscretionary discipline that excludes a student from transportation services or extracurricular activities or impose detention.

(a) The school will not exclude a student from transportation services without providing access to alternative transportation the student needs to participate fully in educational services.

(b) Authorized staff may administer lunch or afterschool detention for not more than 60 minutes on any given day.

(c) Before assigning detention, the staff member will inform the student of the specific behavioral violation prompting their decision to administer detention and provide the student with an opportunity to share their perspective and explanation regarding the behavioral violation.

(d) At least one staff member will directly supervise students during the direction of any detention.

(e) Students and parents may challenge the administration of discretionary and nondiscretionary discipline other than suspensions, expulsions, and emergency removals, including discipline that excludes a student from transportation or extracurricular activity, using the school's grievance procedures under WAC 72-120-215.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-211, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-215 Grievance procedures.

(1) Any parent or student who is aggrieved by the administration of discretionary and nondiscretionary discipline other than suspensions, expulsions, and emergency removals, including discipline that excludes a student from transportation or extracurricular activity, may request an informal conference with the principal for resolving the grievance.

(2) At the informal conference, the student and parent will have the opportunity to voice issues and concerns related to the grievance. The principal will have the opportunity to address issues and questions raised and to ask questions of the parent or student.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-215, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-330 Classroom exclusions—Conditions and limitations.

(1) Authority to administer classroom and instructional or activity area exclusions. Discretionary discipline leading to a classroom exclusion gives the highest consideration to the judgment of qualified certificated educators regarding the conditions necessary to maintain the optimum learning experience.

(2) A teacher may exclude a student from the teacher's individual classroom and instructional or activity area while the student is under the teacher's immediate supervision, subject to the requirements in WAC 392-400-110. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. A classroom exclusion does not include actions that result in missed instruction for a brief duration when:

(a) A teacher or other school personnel uses evidence-based classroom management practices outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations; and

(b) The student remains under the supervision of the teacher or other school personnel during such brief duration.

(3) Duration of classroom exclusion.

(a) A classroom exclusion may be administered for all or any portion of the balance of the school day, or up to the following two school days, or until the principal and teacher have conferred, whichever occurs first.

(b) A classroom exclusion that exceeds this time period, and if such students have repeatedly disrupted the learning of other students, may be considered a suspension in accordance with this chapter and must provide for the early involvement of parents in attempts to improve the student's behavior.

(4) All staff will work cooperatively toward consistent enforcement of proper student behavior throughout the school, as well as within each classroom.

(5) Assignments and tests. The school must provide the student an opportunity to make up any assignments and tests missed during the classroom exclusion.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-330, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-335 Classroom exclusion—Notice and procedure.

Following a classroom exclusion under WAC 72-120-330:

(1) The teacher must communicate and collaborate with students, families, and all educational stakeholders in an ethical and professional manner to promote student learning. WAC 392-400-110.

(2) Notice to principal. The teacher or other school personnel must report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the principal as soon as reasonably possible.

(3) Notice to parents. The teacher or principal must notify the student's parents regarding the classroom exclusion as soon as reasonably possible. The school must ensure that this notification is in a language the parents understand, which may require language assistance for parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(4) Emergency circumstances. When a teacher administers a classroom exclusion on the grounds that the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process:

(a) The teacher or other school personnel must immediately notify an assistant principal; and

(b) An assistant principal must meet with the student as soon as reasonably possible and administer appropriate discipline.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-335, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-430 Suspensions and expulsions—General conditions and limitations.

WAC 392-400-430, the rule for suspensions and expulsions, general conditions and limitations, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-430, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-435 Short-term and in-school suspensions—Additional conditions and limitations.

WAC 392-400-435, the rule for short-term and in-school suspensions, additional conditions and limitations, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-435, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-440 Long-term suspensions—Additional conditions and limitations.

WAC 392-400-440, the rule for long-term suspensions - additional conditions and limitations, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-440, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-445 Expulsions—Additional conditions and limitations.

WAC 392-400-445, the rule for expulsions - additional conditions and limitations, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-445, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-450 Suspensions and expulsions—Initial hearing with student.

WAC 392-400-450, the rule for suspensions and expulsions - initial hearing with student, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-450, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-455 Suspensions and expulsions—Notice to student and parents.

WAC 392-400-455, the rule for suspensions and expulsions - notice to student and parents, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-455, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-460 Suspensions and expulsions—Optional conference with principal.

WAC 392-400-460, the rule for suspensions and expulsions - optional conference with principal, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-460, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-465 Suspensions and expulsions—Appeal.

(1) Requesting an appeal. A student or the parents may appeal a suspension or expulsion to the school's principal orally or in writing.

(2) Time limit. A request for an appeal should be submitted within 21 calendar days from the date the school provides written notice under WAC 72-400-455.

(3) Short-term and in-school suspensions.

(a) Appeal. The principal must provide the student and parents the opportunity to share the student's perspective and explanation regarding the behavioral violation orally or in writing.

(b) Appeal decision. The principal must deliver a written appeal decision to the student and parents in person, by mail, or by email within two school business days after receiving the appeal. The written appeal decision is an initial order. The initial order must include:

(i) The decision to affirm, reverse, or modify the suspension;

(ii) The duration and conditions of the suspension, including the dates on which the suspension will begin and end;

(iii) The educational services the school will offer to the student during the suspension under WAC 72-120-610; and

(iv) Notice of the student's and parents' right to request review and reconsideration of the initial decision under WAC 72-120-470, including where and to whom to make the request. If no request for review is filed within 21 calendar days of service of the initial order, the initial order shall be deemed the final order.

(4) Long-term suspensions and expulsions.

(a) Student disciplinary proceedings under this section shall be governed by the Administrative Procedure Act, chapter 34.05 RCW and by the model rules of procedure, chapter 10-08 WAC. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.

(b) Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the principal must provide the student and parents written notice in person, by mail, or by email of:

(i) The time, date, and location of the appeal hearing;

(ii) The name(s) of the official(s) presiding over the appeal;

(iii) The student's and parents' rights to inspect the student's education records under (f) of this subsection;

(iv) The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing under (f) of this subsection;

(v) The student's and parents' rights under (g) of this subsection; and

(vi) Whether the school will offer to hold a reengagement meeting under WAC 72-120-710 before the appeal hearing.

(c) Reengagement. Before the appeal hearing, the student, parents, and school may agree to hold a reengagement meeting and develop a reengagement plan under WAC 72-120-710. The student, parents, and school may mutually agree to postpone the appeal hearing while participating in the reengagement process.

(d) Appeal hearing. The school must hold an appeal hearing within three school business days from the date the superintendent received the appeal request, unless otherwise agreed to by the student or parents.

(e) Presiding officials. The principal will serve as the presiding official to hear and decide appeals for long-term suspensions and expulsions under this section. The presiding official(s) may not have been involved in the student's behavioral violation or decision to suspend or expel the student and must be knowledgeable about the rules in this chapter, chapters 392-400 and 72-108 WAC, and of the school's discipline policies.

(f) Evidence and witnesses.

(i) Upon request, the student, parents, and school may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The school, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(ii) Upon request, the student and parents may review the student's education records. The school must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(iii) If a witness for the school cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the school establishes that:

(A) The school made a reasonable effort to produce the witness; and

(B) The witness's failure to appear is excused by fear of reprisal or another compelling reason.

(g) Student and parents rights. During the appeal hearing, the student and parents have the right to:

(i) Be represented by legal counsel;

(ii) Question witnesses;

(iii) Share the student's perspective and provide explanation regarding the behavioral violation; and

(iv) Introduce relevant documentary, physical, or testimonial evidence.

(h) Recording of hearing. The appeal hearing must be recorded by analog, digital, or other type of recording device. The school must provide the recording to the student or parents upon request.

(i) Appeal decision. The presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) must provide a written decision to the student and parents in person, by mail, or by email within three school business days after the appeal hearing. The written decision must include:

(i) The findings of fact;

(ii) A determination whether:

(A) The student's behavior violated the school's student code of conduct, chapter 72-120 WAC;

(B) The behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and

(iii) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;

(iv) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 72-120-470, including where and to whom to make the request; and

(v) Notice of the opportunity to participate in a reengagement meeting under WAC 72-120-710 and the contact information for the person who will coordinate scheduling of the reengagement meeting.

(5) Language assistance. The school must ensure that the notice, appeal proceedings, and decision are in a language the student and parents understand, which may require language assistance for student and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(6) Pending appeal. If the student or parents request an appeal under this section, the school may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements:

(a) The school may temporarily continue to administer the suspension or expulsion for no more than 10 consecutive school days from the initial hearing under WAC 72-120-450 or until the appeal is decided, whichever is earlier;

(b) Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion;

(c) If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the school must provide the student with an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-465, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-470 Suspensions and expulsions—Review and reconsideration.

(1) Requesting review. For the purposes of this section, "reviewing officer" means the superintendent who reviews and reconsiders the school's appeal decision under WAC 72-120-465. The student or parents may request the review orally or in writing.

(2) Time limit. A request for a review of a short-term suspension, in-school suspension, long-term suspension, or expulsion should be submitted within 21 calendar days from the date the school provides written notice under WAC 72-120-465.

(3) Review procedure.

(a) In reviewing the school's decision, the reviewing officer must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal under WAC 72-120-465, relevant state law, and the school's student conduct code under this chapter.

(b) The reviewing officer may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information.

(c) The decision of the reviewing officer must be made only if the reviewing officer was not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision under WAC 72-120-465.

(4) Decision. The reviewing officer must provide a written decision to the student and parents in person, by mail, or by email within 10 school business days after receiving the request for review and reconsideration. The written decision must state:

(a) Whether the reviewing officer affirms, reverses, or modifies the suspension or expulsion;

(b) The duration and conditions of the suspension or expulsion, including the dates on which the suspension and expulsion will begin and end;

(c) For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting under WAC 72-120-710; and

(d) A notice that the reviewing officer's decision shall be final and shall include a notice of any rights to request reconsideration or judicial review. A request for review may be deemed to have been denied if the reviewing officer does not make a disposition of the matter within 20 calendar days after the request is submitted.

(5) Language assistance. The school must ensure that any review proceedings and decisions are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-470, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-475 Petition to extend expulsion.

(1) Petition. When risk to public health or safety warrants extending a student's expulsion, an assistant principal may petition the school's principal for authorization to exceed the academic term limitation on an expulsion. The petition must inform the principal of:

(a) The behavioral violation that resulted in the expulsion and the public health or safety concerns;

(b) The student's academic, attendance, and discipline history;

(d) The student's academic progress during the expulsion and the educational services available to the student during the expulsion;

(e) The proposed length of the expulsion; and

(f) The student's reengagement plan.

(2) Time limit. An assistant principal may petition to extend an expulsion only after the development of a reengagement plan under WAC 72-120-710 and before the end of the expulsion. For violations of WAC 72-120-820, an assistant principal may petition to extend an expulsion at any time.

(3) Notice. The school must provide written notice of the petition to the student and parents in person, by mail, or by email within one school business day from the date the principal received the petition. The written notice must include:

(a) A copy of the petition;

(b) The student's and parents' right to an informal conference with the principal to be held within five school business days from the date the school provided written notice to the student and parents; and

(c) The student's and parents' right to respond to the petition orally or in writing to the superintendent within five school business days from the date the school provided written notice.

(4) Written decision. The principal may grant the petition only if there is substantial evidence that, if the student were to return to the school after the length of an academic term, the student would pose a risk to public health or safety. The principal must deliver a written decision to the petitioning assistant principal, the student, and the student's parents in person, by mail, or by email within 10 school business days after receiving the petition.

(a) If the petition is granted, the written decision must include:

(i) The date on which the extended expulsion will end;

(ii) The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and

(iii) Notice of the student's or parents' right to request review and reconsideration of the appeal decision under subsection (5) of this section, including where and to whom to make the request.

(b) If the petition is not granted, the written decision must identify the date on which the expulsion will end.

(5) Review and reconsideration.

(a) Requesting review. The student or parents may request that a reviewing officer review and reconsider the decision to extend the student's expulsion. The student or parents may request the review orally or in writing. For the purposes of this section, the reviewing officer is the superintendent.

(b) Time limit. A request for a review should be submitted within 21 calendar days from the date the school provides the written decision under subsection (4) of this section.

(i) The reviewing officer may request to meet with the student or parents or the principal to hear further arguments and gather additional information.

(ii) The reviewing officer may not have been involved in the behavioral violation, the decision to expel the student, or the appeal decision under WAC 72-120-465.

(d) Decision. The reviewing officer must provide a written decision to the student and parents in person, by mail, or by email within 10 school business days after receiving the request for review and reconsideration. The written decision must state:

(i) Whether the reviewing officer affirms, reverses, or modifies the decision to extend the student's expulsion;

(ii) The date on which the extended expulsion will end; and

(iii) A notice that judicial review may be available. A request for review may be deemed to have been denied if the reviewing officer does not make a disposition of the matter within 20 calendar days after the request is submitted.

(6) Duration. Any extension of an expulsion may not exceed the length of an academic term.

(7) Language assistance. The school must ensure that any petition proceedings, notices, and decisions are provided in a language the student and parents understand, which may require language assistance for student and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(8) Annual reporting. The school must annually report the number of petitions approved and denied to the office of superintendent of public instruction.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-475, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-510 Emergency removal—Conditions and limitations.

WAC 392-400-510, the rule for emergency removal - conditions and limitations, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-510, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-515 Emergency removal—Notice to student and parents.

WAC 392-400-515, the rule for emergency removals - notice to student and parents, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-515, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-520 Emergency removal—Optional conference with principal.

WAC 392-400-520, the rule for emergency removals - optional conference with principal, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-520, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-525 Emergency removal—Appeal.

(1) Requesting an appeal. A student or the parents may appeal an emergency removal to the principal orally or in writing.

(2) Time limit. A request to appeal an emergency removal should be submitted within 21 calendar days from the date the school provides the written notice of the emergency removal.

(3) Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the principal must provide the student and parents written notice in person, by mail, or by email of:

(a) The time, date, and location of the appeal hearing;

(b) The name(s) of the official(s) presiding over the appeal;

(d) The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing under subsection (6) of this section; and

(e) The student's and parents' rights under subsection (7) of this section.

(4) Appeal hearing. The school must hold an appeal hearing as soon as reasonably possible, but no later than two school business days after the date the principal received the appeal request, unless otherwise agreed to by the student and parents.

(5) Presiding official(s). The superintendent designates the principal to decide appeals under this section. The principal may not have been involved in the student's behavioral violation or decision to emergency remove the student and must be knowledgeable about the rules in this chapter, chapter 392-400 WAC, and the school's discipline policies and procedures.

(6) Evidence and witnesses.

(a) Upon request, the student, parents, and school may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The school, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(b) Upon request, the student and parents may review the student's education records. The school must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(c) If a witness for the school cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the school establishes that:

(i) The school made a reasonable effort to produce the witness; and

(ii) The witness's failure to appear is excused by fear of reprisal or another compelling reason.

(7) Student and parent rights. The student and parents have the right to:

(a) Be represented by legal counsel;

(b) Question witnesses;

(d) Introduce relevant documentary, physical, or testimonial evidence.

(8) Recording of hearing. The appeal hearing must be recorded by analog, digital, or other type of recording device. The school must provide the recording to the student or parents upon request.

(9) Appeal decision. The school must provide a written decision to the student and parents in person, by mail, or by email within one school business day after the appeal hearing. The written decision must include:

(a) The findings of fact;

(b) A determination whether the student's presence continues to pose:

(i) An immediate and continuing danger to students or school personnel; or

(ii) An immediate and continuing threat of material and substantial disruption of the educational process;

(c) Whether the school will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the school converts the emergency removal to a suspension or expulsion, the school must provide the student and parents notice and due process under WAC 72-120-430 through 72-120-470; and

(d) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 72-120-530, including where and to whom to make the request.

(10) Language assistance. The school must ensure that any appeal proceedings, notices, and decisions are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-525, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-530 Emergency removal—Review and reconsideration.

(1) Requesting review. The student or parents may request that the superintendent review and reconsider the school's appeal decision under WAC 72-120-525. The student or parents may request the review orally or in writing.

(2) Time limit. A request for review under this section should be submitted within 21 calendar days from the date the school provided the written appeal decision to the student and parents under WAC 72-120-525.

(3) Review procedure.

(a) In reviewing the school's decision, the superintendent must consider all documentary and physical evidence related to the events that led to the emergency removal, any records from the appeal under WAC 72-120-525, relevant state law, and the school's discipline policy and procedures.

(b) The superintendent may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather information.

(c) The superintendent must not have been involved in the events that led to the emergency removal, the decision to emergency remove the student, or the appeal decision under WAC 72-120-525.

(4) Decision. The superintendent must provide a written decision to the student and parents in person, by mail, or by email within five school business days after receiving the request for review and reconsideration. The written decision must state:

(a) Whether the superintendent affirms or reverses the school's decision that the student's presence posed:

(i) An immediate and continuing danger to students or school personnel; or

(ii) An immediate and continuing threat of material and substantial disruption of the educational process;

(b) If the emergency removal has not yet ended or been converted, whether the school will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the school converts the emergency removal to a suspension or expulsion, the school must provide the student and parents notice and due process under WAC 72-120-430 through 72-120-470; and

(5) Language assistance. The school must ensure that any review proceedings and decision are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-530, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-610 Educational services during suspension, expulsion, or emergency removal.

WAC 392-400-610, the rule for educational services during suspension, expulsion, or emergency expulsion, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-610, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-710 Student reengagement after long-term suspension or expulsion.

WAC 392-400-710, the rule for student reengagement after long-term suspension or expulsion, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-710, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-810 Exceptions for the purpose of protecting victims.

WAC 392-400-810, the rule for exceptions for the purpose of protecting victims, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-810, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-815 Behavior agreements.

(1) Authorization. The school authorizes the assistant principals or principal to enter into behavior agreements with students and parents in response to behavioral violations.

(2) General. Behavior agreements include agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance. Behavior agreements will describe the school's actions planned to support students in meeting behavioral expectations. Behavior agreements may be supplemental to but will not replace best practices and strategies implemented at the classroom level to support students in meeting behavioral expectations.

(3) Behavior agreements entered into with students and parents under this section may not replace or negate provisions within a student's Individual Education Plan (IEP), 504 Plan, or Behavioral Intervention Plan (BIP).

(4) Reengagement meetings and educational services. A behavior agreement does not waive a student's opportunity to participate in a reengagement meeting under WAC 72-120-710, or receive educational services as provided under WAC 72-120-610.

(5) Duration. The duration of behavior agreements must not exceed the length of an academic term.

(6) Subsequent behavioral violation. Nothing in this section precludes the school from administering discipline for behavioral violations that occur after the school enters into an agreement with the student and parents.

(7) Language assistance. The school will ensure that any behavior agreement under this section is provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-815, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-820 Firearm exceptions.

WAC 392-400-820, the rule for firearm exceptions, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-820, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-825 Corporal punishment, restraint, and isolation.

WAC 392-400-825, the rule for corporal punishment, restraint, and isolation, is incorporated by reference.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and 28A.600.010 through 28A.600.022. WSR 25-09-087, s 72-120-825, filed 4/17/25, effective 5/18/25.

Wash. Admin. Code § 72-120-900 Order of precedence.

WAC 72-120-900

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. To the extent these supplemental hearing procedures conflict with Washington state school for the blind's standard disciplinary procedures, WAC 72-120-001 through 72-120-825, these supplemental procedures shall take precedence.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-900, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-905 Definitions.

WAC 72-120-905

The following definitions shall apply for the purposes of this supplemental procedure:

(1) "Agency" means the Washington state school for the blind.

(2) "Complainant" means an individual who is alleged to be the subject of conduct that could constitute sexual harassment.

(3) "Decision maker" means an administrator who is not the same person who serves at the Title IX coordinator or the investigator of the Title IX complaint.

(4) "Appeal decision maker" means the superintendent or designee. A designee is an administrator who is not the same decision maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX coordinator.

(5) "Respondent" means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-905, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-910 Prohibited conduct under Title IX.

WAC 72-120-910

Pursuant to chapter 392-400 WAC and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, the agency may impose disciplinary sanctions up to and including expulsion against a student who has been found responsible for committing, attempting to commit, aiding, abetting, inciting, encouraging, or assisting another person to commit or engage in acts of "sexual harassment."

For the purposes of this supplemental procedure, "sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:

(1) Quid pro quo harassment. An agency employee conditioning the provision of an aid, benefit, or service of the agency on an individual's participation in unwelcome sexual conduct.

(2) Hostile environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the agency's education programs or activities.

(3) Sexual assault. Sexual assault includes the following conduct:

(a) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(b) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.

(d) Statutory rape. Nonforcible sexual intercourse between someone who is 18 years of age or older and someone who is under the age of 16.

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington.

(5) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person:

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship;

(ii) The type of relationship; and

(iii) The frequency of interaction between the persons involved in the relationship.

(6) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-910, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-915 Title IX jurisdiction.

WAC 72-120-915

(1) This supplemental procedure applies only if the alleged misconduct:

(a) Occurred in the United States;

(b) Occurred during an agency education program or activity; and

(2) For purposes of this supplemental procedure, an "education program or activity" is defined as locations, events, or circumstances over which the agency exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the agency.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the agency from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the agency's student conduct code, chapter 72-120 WAC.

(4) If the decision maker determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the decision maker will issue a notice of dismissal in whole or in part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-915, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-920 Initiation of discipline.

WAC 72-120-920

(1) Upon receiving a Title IX investigation report from the Title IX coordinator, the decision maker will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.

(2) If the decision maker determines that there are sufficient grounds to proceed under these supplemental procedures, the decision maker will initiate a Title IX disciplinary proceeding by serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for Title IX jurisdiction;

(b) Identify the alleged Title IX violation(s);

(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

(e) Explain that the parties are entitled to be accompanied by their chosen advisors during a hearing, and that:

(i) An advisor may be an attorney; and

(ii) The agency will appoint an advisor of the agency's choosing at no cost to the party, if the party failed to do so; and

(f) Explain that if a party fails to appear at a hearing, a decision of responsibility may be made in their absence.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-920, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-925 Rights of parties.

WAC 72-120-925

(1) The agency's student conduct procedures, chapter 72-120 WAC, and this supplemental procedure shall apply equally to all parties.

(2) The agency bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(3) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-925, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-930 Evidence.

WAC 72-120-930

The introduction and consideration of evidence by the decision maker is subject to the following procedures and restrictions:

(1) Relevance: The decision maker shall review all questions for relevance and shall explain to the party proposing the questions any decision to exclude a question as not relevant.

(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(4) No negative inference: The decision maker may not make an inference regarding responsibility solely on a witness's or party's absence from a hearing or refusal to answer questions.

(5) Privileged evidence: The decision maker shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client and attorney work product privileges;

(d) Privileges applicable to medical providers, mental health therapists, and counselors;

(e) Privileges applicable to sexual assault and domestic violence advocates; and

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-930, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-935 Determination regarding responsibility.

WAC 72-120-935

(1) At least 10 days prior to a determination regarding responsibility, the investigator must create an investigative report that fairly summarizes relevant evidence, and send the investigative report in an electronic or hard copy format to each party and each party's advisor for their review and written response.

(2) After transmitting the investigative report to the parties, but before reaching a final determination regarding responsibility, the decision maker must give each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party.

(3) The decision maker must issue a written determination of responsibility regarding the alleged sexual harassment. The decision maker will apply a preponderance of the evidence standard.

(4) The decision maker's written determination must be issued to the parties simultaneously and must include the following:

(a) Identification of the allegations potentially constituting sexual harassment under Title IX regulations;

(b) A description of the procedural steps taken from the time of the agency's receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and any hearings held;

(d) Conclusions regarding the application of the agency's student conduct code policies to the facts;

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and

(f) The procedures and basis for appealing the decision maker's determination.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-935, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-940 Appeals.

WAC 72-120-940

(1) All parties have the right to appeal from the decision maker's determination regarding responsibility or from the agency's dismissal of any allegations contained in a formal complaint. The right to appeal is in addition to the complainant's right to appeal under state requirements and the respondent's potential appeal rights under the agency's student code of conduct.

(2) Appeals must be in writing and filed with the superintendent's office within 21 calendar days of service of the decision maker's written decision. Appeals must identify the specific findings of fact and/or conclusions in the written decision or notice of dismissal that the appealing party is challenging and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the written decision or notice of dismissal shall be deemed final.

(3) A party may appeal the decision maker's determination regarding responsibility on the following basis:

(a) Procedural irregularity affecting the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter;

(c) The Title IX coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or individually that affected the outcome of the matter; or

(d) Additional basis as determined by the agency.

(4) Upon receiving a timely appeal, the superintendent's office will serve a copy of the appeal on all parties, who will have 10 calendar days from the date of service to submit written responses to the superintendent's office addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the superintendent's office shall serve copies of the responses to the other parties.

(5) Parties receiving a copy of the responses shall have five calendar days in which to submit a written reply addressing issues raised in the responses to the superintendent's office.

(6) The appeal decision maker must not be the same decision maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX coordinator.

(7) The appeal decision maker, based on their review of the parties' submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal is affirmed or denied, or if the disciplinary sanctions and conditions imposed in the written decision are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions. The appeal decision maker must issue a written decision describing the result of the appeal and the rationale for the result. The written decision will include notice of the complainant's right to file a complaint with the office of the superintendent of public instruction under WAC 392-190-075.

(8) The superintendent's office shall serve the appeal decision on the parties simultaneously.

(9) All administrative decisions reached through this process may be judicially appealed pursuant to the applicable provisions of chapter 34.05 RCW including, but not limited to, the timelines set forth in RCW 34.05.542.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-940, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-945 Emergency removals.

WAC 72-120-945

This supplemental procedure does not preclude the agency from removing a student from school on an emergency basis consistent with WAC 72-120-510 through 72-120-530.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-945, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 72-120-950 Disciplinary sanctions and remedies.

WAC 72-120-950

(1) Following a determination that sexual harassment occurred, the agency may impose disciplinary sanctions. "Disciplinary sanctions" means consequences imposed on a respondent following a determination of responsibility under WAC 72-120-935. The agency will administer any disciplinary sanctions in accordance with this chapter.

(2) Any discipline imposed under this section is subject to the requirements in WAC 72-120-201, and 392-172A-05140 through 392-172A-05175.

History

Statutory Authority: RCW 34.05.010(16), 72.40.022(15), and Title IX of the Education Amendments of 1972, 20 U.S.C. s 1681 et seq. WSR 26-13-058, s 72-120-950, filed 6/12/26, effective 7/13/26.

Chapter 72-130 Nonresident tuition.

Wash. Admin. Code § 72-130-010 Purpose.

The purpose of this chapter is to implement RCW 72.40.050 by establishing a reasonable and uniform tuition charge for nonresident students whose attendance at the Washington state school for the blind is deemed appropriate by the school superintendent.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-130-020 Definitions.

As used in this chapter, the term:

(1) "Residence" shall mean the physical location of a student's principal abode—i.e., the home, house, apartment, facility, structure, etc., within which the student lives the majority of the time. The mailing address of the student—e.g., the parents' address or post office box—may be different than the student's principal abode. The lack of a mailing address does not preclude residency under this section.

(2) "Nonresident student" shall mean a student, otherwise eligible for enrollment, who is between the ages of three and twenty-one, and whose residence is located outside the state of Washington.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-020, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-130-030 Admission of nonresident students.

(1) The school shall consider requests for the admission of nonresident students on the basis of the order in which such requests are made and without preference; provided however, that a conclusive preference in favor of admitting resident students shall be maintained.

(2) A nonresident student may be admitted only pursuant to a written agreement between the school superintendent and the student's parent(s) or guardian(s) (or, the nonresident student if such student is eighteen years or older).

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-030, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-130-035 Contents of admission agreements.

Agreements required by WAC 72-130-030 shall set forth:

(1) The name, age, and grade level of attendance of the nonresident student;

(2) The duration of the agreement;

(3) A finding that the nonresident student satisfies the admissions criteria set forth in WAC 72-171-150; and

(4) Such other terms and conditions as the parties deem advisable and as are consistent with this chapter.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-035, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-130-040 Challenges to residency determinations.

(1) A parent, guardian, or adult student who wishes to challenge a residency determination shall utilize the brief adjudicative procedures set forth in RCW 34.05.482 through 34.05.494, as adopted in WAC 72-108-100.

(2) Requests for brief adjudicative procedures shall be written, signed, and directed to the superintendent within twenty days from the date that the original determination was rendered.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-040, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-130-050 Nonresident tuition.

(1) Uniform rate. The tuition for nonresident students who are enrolled pursuant to the provisions of this chapter shall be assessed at a uniform rate, consistent with the annual per capita cost of maintaining and educating a student.

(2) Tuition reduction. Any such tuition charge, however, may be ratably reduced in the event the nonresident student is enrolled part time and/or for less than a full school year.

(3) Annual adjustments. Nonresident tuition and fees shall be adjusted annually to reflect the actual per capita cost of education.

(4) Billing. Tuition for nonresident students shall be assessed on a quarterly basis. Quarterly payments shall be due in full prior to the first day of the quarter in which the nonresident student seeks to enroll.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-006, § 72-130-050, filed 7/19/90, effective 8/19/90.

Chapter 72-140 Use of school facilities.

Wash. Admin. Code § 72-140-010 Policy on public use of school facilities.

Because the Washington state school for the blind is an educational institution provided and maintained by the people of the state, its campus, buildings, properties, and facilities shall be reserved at all times for those activities which are either directly related to its educational mission or are justified on the basis of their contributions to the cultural, social, or economic development of the state and its visually impaired citizens. The school is not obligated to make its public facilities available to the community for private purposes.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-020 Application for use of school facilities.

(1) Applications for use of school facilities should be made on the Facilities Request Form, available from the administrative office of the school, 2214 East 13th Street, Vancouver, Washington 98661.

(2) Reasonable conditions may be imposed upon the applicant to regulate the timeliness of the request, to determine the appropriateness of intended use of the space assigned, and to ensure proper maintenance of the facilities. A detailed listing of such conditions is available from the school's administrative office.

(3) The school may restrict an individual's or a group's use of school facilities if that person or group has, in the past, physically abused school facilities. Charges may be imposed for damage or for any unusual costs related to the use of facilities.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-020, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-030 Allocation of space.

Allocation of space shall be made in accordance with school regulations and on the basis of time, space, priority of request, and the demonstrated needs of the applicant. When allocating the use of school facilities, top priority will always be given to activities directly related to the school's mission. No arrangement shall be made that may interfere with, or operate to the detriment of, the school's own educational, research, residential, or public service programs.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-030, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-040 Basis of fee assessment.

(1) The school has established a three-tiered fee schedule for the use of school facilities. The schedule reflects the school's cost of operation and its evaluation of the intended purpose of the use. Groups closely affiliated with the school's mission, such as other state agencies or groups specifically promoting the education of the visually impaired, may be allowed access to school facilities free of charge. However, a small rental fee may be imposed if special operating costs are necessarily incurred. Other community groups will be charged according to the schedule. A current copy of the fee schedule is available from the school's administrative office.

(2) The school neither intends nor desires to compete with private enterprise in making its facilities available to the public. The school encourages the community to patronize local businesses whose privately operated facilities are well qualified to meet community needs.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-040, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-050 General policies limiting use.

(1) School facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities or forums.

(2) Religious groups shall not, under any circumstances, use the facilities as a permanent meeting place. Use shall be intermittent only.

(3) The school reserves the right to prohibit the use of school facilities by groups which restrict membership or participation in a manner inconsistent with the school's commitment to nondiscrimination as set forth in its written policies and commitments.

(4) Activities of a political or commercial nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples outside the rooms or facilities to which access has been granted.

(5) These general policies shall apply to recognized student groups using school facilities.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-050, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-060 Specific limitations on use.

(1) The permissible use of facilities is limited to the purpose stated in the application and approved by the superintendent.

(2) Only that portion of the building listed and approved on the application shall be available for use by the organization.

(3) The facility shall be vacated by the time listed on the facility usage form.

(4) The user group shall abide by these and all other limitations established by the superintendent and set forth in the superintendent's policy on use of school facilities. A copy of such policy is available at the administrative office of the school.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-060, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-070 Supervision.

(1) Adult supervisors of student organizations using school facilities shall remain with their groups during usage, and shall ensure compliance with school regulations governing the use of facilities.

(2) A designated school employee or representative will be on site during usage, and will be compensated by the using organization when the event occurs outside of normal scheduled coverage.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-070, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-140-080 Prohibited conduct at school facilities.

(1) State law relative to public institutions governs the use or possession of intoxicants on campus or at school functions. The use or possession of unlawful drugs or narcotics, not medically prescribed, on school property or at school functions, is prohibited. Students obviously under the influence of intoxicants, unlawful drugs, or narcotics while in school facilities shall be subject to disciplinary action.

(2) The use of tobacco is restricted in accordance with published policy.

(3) Destruction of property is also prohibited by state law in reference to public institutions.

(4) No person or group may use or enter onto school facilities having in their possession firearms or other weapons, even if licensed to do so, except duly appointed and commissioned law enforcement officers.

History

Statutory Authority: RCW 72.40.022. WSR 90-16-007, § 72-140-080, filed 7/19/90, effective 8/19/90.

Chapter 72-171 Special education programs.

Wash. Admin. Code § 72-171-001 Purposes.

The purposes of this chapter are:

(1) To implement chapter 72.40 RCW in a manner that is compatible with chapters 28A.155 RCW and 392-172A WAC, and in compliance with the Individuals with Disabilities Education Improvement Act, 20 U.S.C. Sec. 1400 et seq.;

(2) To meet the obligations of additional federal and state civil rights laws (e.g., 29 U.S.C. Sec. 794, 42 U.S.C. Sec. 12132, RCW 49.60.030) that apply to students who have a disability regardless of the student's eligibility for special education and related services;

(3) Unless the context clearly requires otherwise, the rules for the provision of special education, contained in chapter 392-172A WAC, are incorporated by reference: Provided, That the Washington state school for the blind (WSSB) may undertake the responsibilities of a local educational agency (LEA) in providing a free appropriate public education only to the extent authorized by chapter 72.40 RCW and inclusion as an LEA makes the school eligible for assistance under the Individuals with Disabilities Education Act;

(4) This chapter sets forth rules and procedures applicable to the provision of special education and related services for eligible students at the WSSB. It should be read in conjunction with chapter 392-172A WAC. In case of any conflict between specific rules and procedures adopted herein, and the rules and regulations in chapter 392-172A WAC, the specific rules and procedures shall control;

(5) Where the term "school district" is used in this chapter, it shall mean the LEA, local school district, or resident district, where a student would be enrolled and/or attending.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-001, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 01-16-022, § 72-171-001, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1401, 1412-1417. WSR 90-16-008, § 72-171-001, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-171-015 Definitions and eligibility criteria.

The definition and eligibility criteria in WAC 392-172A-01035 are adopted by reference.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-015, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 01-16-022, § 72-171-015, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1401, 1412-1417. WSR 90-16-008, § 72-171-015, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-171-120 Evaluation procedures.

The evaluation or reevaluation of any student shall be in accordance with WAC 392-172A-03000 through 392-172A-03040 except as specifically provided otherwise in this chapter.

Evaluations may include assessments to identify students who present a moderate or high risk of sexually aggressive behavior or who may be vulnerable to victimization by such students, as required by RCW 72.40.270. Evaluations will be conducted by a group of qualified professionals selected by the Washington school for the blind who are knowledgeable about the student, the suspected area of disability, and in cases where assessment is required by RCW 72.40.270, sexual abuse and assault.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-120, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 01-16-022, § 72-171-120, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1401, 1412-1417. WSR 90-16-008, § 72-171-120, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-171-150 Admission and placement—Annual review.

(1) Upon a referral for admission and placement from a parent, legal guardian, emancipated minor, adult student, or local educational agency (LEA), a Washington state school for the blind admissions team will assess the appropriateness of placement of a visually impaired student residing in the state of Washington as provided for under this chapter.

(2) Applications for placement shall be in writing and shall include the reason for referral. Reasons for referral to the state school for the blind may include, but are not limited to: Vision specific services not readily available in the local school district, need for more intensive vision specific services, adaptive aids and appliances, greater array of vision support services, social skill development, leisure time skill development, and organization skill development.

(3) The LEA will be notified if the referral is from a parent and the student's records will be requested. The following records must be received prior to review by the school's admissions team: Complete application materials, most recent IEP, most recent three-year summary assessment or evaluation, psychological records, transcripts (for high school students), all records subject to disclosure under RCW 28A.225.330, including, but not limited to: History of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students.

(4) The admissions team shall review the records and if the information is complete, determine whether to proceed with or terminate the application.

(5) Placement of a student at the state school for the blind shall be determined at an IEP meeting conducted pursuant to WAC 392-172A-03090 through 392-172A-03115, 72-171-150(9) and 72-171-200.

(6) The determination of the appropriate placement for a student shall be based upon:

(a) The student's individualized education program (IEP);

(b) The least restrictive environment requirements of WAC 392-172A-02050 through 392-172A-02070; provided that the IEP team may conclude that a student will receive greater benefit from education in a specialized setting due to specific instructional and related service needs such that the least restrictive environment and appropriate placement for a student may be WSSB;

(c) The placement option(s) that provides a reasonably high probability of assisting the student to attain their annual goals;

(d) A consideration of any potential harmful effect on the student or on the quality of services which they need; and

(e) The status of the student as an adjudicated sex offender classified as risk Level II or III in the state of Washington or the equivalent under the laws of the state in which the student resides.

(7) The decision on the educational placement shall be made by a group of persons, including the parents, the LEA, and other persons knowledgeable about the student, the evaluation data, and the placement options.

(8) Pursuant to RCW 72.40.040(4) and 72.40.050(2), admission and retention at the Washington state school for the blind may be denied for a student who is an adjudicated sex offender.

(9) The educational placement of each student shall be determined at least annually at a meeting conducted pursuant to WAC 72-171-150(5).

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-171-150, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-150, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 01-16-022, § 72-171-150, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1401, 1412-1417. WSR 90-16-008, § 72-171-150, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-171-201 Individualized education program.

WAC 392-172A-03090 through 392-172A-03115 are adopted by reference.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-201, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-171-220 School district involvement and participation IEP meetings.

Involvement and participation of the LEA at meetings in which a decision is to be made relating to the educational placement of the student is considered essential for meaningful discussion to occur. A representative of the student's LEA will be invited to meetings involving an IEP, transition services, or placement and appropriate notice to the parent(s) and adult student will be provided. The LEA representative should be an individual who is knowledgeable about the availability of resources of the LEA, authorized to allocate resources, or develop collaborative requests for funding to establish programs to meet the extraordinary program needs. If the LEA representative is unable to attend the meeting, Washington state school for the blind staff shall keep the representative informed of the meeting and obtain information that will assist in the provision of services.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-220, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022. WSR 01-16-022, § 72-171-220, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1401, 1412-1417. WSR 90-16-008, § 72-171-220, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-171-300 Child find.

The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. In conjunction with child find activities conducted by school districts pursuant to WAC 392-172A-02040 and the reports on blind/visually impaired or deaf-blind children provided by educational service districts pursuant to RCW 72.40.070, WSSB will provide an online survey on a yearly basis to all special education directors to identify children within their districts who are blind/visually impaired or deaf-blind; information to school districts regarding service delivery options in the state for students who are blind/visually impaired or deaf-blind a resource and referral guide listing programs and services available statewide; and a mechanism for school districts to request training and/or consultation support for district personnel.

History

Statutory Authority: RCW 72.40.022 and 28A.155.010. WSR 16-13-070, § 72-171-300, filed 6/13/16, effective 7/14/16.

Chapter 72-276 Public records.

Wash. Admin. Code § 72-276-010 Purpose.

The purpose of the rules in this chapter is to establish the procedures Washington state school for the blind (school) will follow in order to provide full access to nonexempt public records. These rules provide information to persons requesting access to public records of the school and establish processes for both requestors and school staff that are designed to best assist members of the public in obtaining access.

History

Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-010, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 42.17.250. WSR 90-16-009, § 72-276-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-276-030 Agency description—Public records officer—Public records.

(1) Washington state school for the blind is a state agency and school established and organized under the authority of chapter 72.40 RCW. The administrative office of the school is located at 2214 East 13th Street, Vancouver, Washington.

(2) The school operates under the supervision and control of the superintendent of the state school for the blind, appointed by the governor. The superintendent takes such actions and promulgates such rules, regulations, and policies in harmony with the rules and regulations established by the office of superintendent of public instruction and the United States Department of Education, as are necessary to the administration and operation of the school.

(3) A board of trustees serves as an advisory board to the superintendent and to the legislature. The board consists of a member from each of the states' congressional districts and ex officio members representing specific interests and constituents of the school. The responsibilities and functions of the board are provided in chapter 72.41 RCW.

(4) The on-campus school is under the direction of the director of education/on-campus programs. Additional departments include outreach, instructional resource/braille production center, early intervention and outreach. An organizational chart is available at the administrative office of the school.

History

Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-030, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 42.17.250. WSR 90-16-009, § 72-276-030, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-276-050 Public records available.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the school, Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., excluding legal holidays and holidays established by the school calendar. Records must be inspected at the offices of the school.

(2) Records index. An index of public records is available for use by members of the public consisting of the records retention schedule according to record series title, manuals and policy statements by one or more of the following classifications: Administration, statewide (outreach) services, academic and residential life.

(3) Organization of records. The school will maintain its records in a reasonably organized manner. The school will take reasonable actions to protect records from damage and disorganization. A requestor shall not take records from school offices without the permission of the public records officer or designee.

(4) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the school should make the request in writing on the school's public records request form, or by letter, fax, or email addressed to the public records officer and including the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including telephone number and any email address;

• Identification of the public records adequate for the public records officer or designee to locate the records;

• The date and time of day of the request; and

• A verification that the records requested shall not be used for commercial purposes.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, they should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to WAC 72-276-090, standard photocopies will be provided at 15 cents per page.

(c) A form is available for use by requestors at the office of the public records officer or online at the school's website.

(d) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, they will confirm receipt of the information and the substance of the request in writing.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-276-050, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-050, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 42.17.250. WSR 90-16-009, § 72-276-050, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-276-055 Processing of public records requests.

(1) Order of processing public records requests. The public records officer or designee will process requests in the order that allows the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection or copying;

(b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or

(e) Deny the request.

(3) If no response is received. If the school does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to ensure that the school received the request.

(4) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for the affected persons to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(5) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the school believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(6) Inspection of records.

(a) Consistent with other demands, the school shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents they wish the school to copy.

(b) The requestor must claim or review the assembled records within 30 days of the school's notification to them that the records are available for inspection or copying. The school will notify the requestor in writing of this requirement and inform the requestor that they should contact the school to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the school may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(7) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.

(8) Electronic records. The process for requesting electronic public records is the same as for requesting paper public records. When a person requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the school and is generally commercially available, or in a format that is reasonably translatable from the format in which the school keeps the record.

(9) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if they reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(10) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the school has completed a diligent search for the requested records and made any located nonexempt records available for inspection. Then the public records officer will close the request.

(11) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill their obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the school has closed the request.

(12) Later discovered documents. If, after the school has informed the requestor that it has provided all available records, the school becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-276-055, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-055, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 72-276-095 Copying fees—Payments.

(1) The following copy fees and payment procedures apply to requests to the school under chapter 42.56 RCW.

(2) Pursuant to RCW 42.56.120 (2)(b), the school is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The school does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) The school will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The school will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the school may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The school may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the school are summarized in the fee schedule available on the school's website at www.wssb.wa.gov.

(4) Requestors may be required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.

(6) When requestors are required to pay in advance, fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The school will notify the requestor of when payment is due.

(7) Payment should be made by check or money order to the Washington State School for the Blind. The school prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.

(8) The school will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, as amended by 2017 c 304. WSR 18-15-014, § 72-276-095, filed 7/9/18, effective 8/9/18.

Wash. Admin. Code § 72-276-100 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the school for inspection and copying:

(a) The Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;

(b) RCW 5.60.060(2), records subject to the attorney-client privilege; and

(2) The school is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-100, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 42.17.250. WSR 90-16-009, § 72-276-100, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-276-110 Review of denials of public records requests.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition in writing (including email) to the public records officer for prompt review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer's supervisor for review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the school's receipt of the petition, or within such other time as mutually agreed upon by the school and the requestor.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the school denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 72.40.022 and 42.56.100. WSR 16-13-067, § 72-276-110, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 42.17.250. WSR 90-16-009, § 72-276-110, filed 7/19/90, effective 8/19/90.

Chapter 72-280 Family Educational Rights and Privacy Act of 1974.

Wash. Admin. Code § 72-280-010 Confidentiality of student records.

The Washington state school for the blind implements policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232(g); 34 C.F.R. Part 99 (FERPA).

This law establishes that the education records of students attending or having attended the state school for the blind (school) are confidential and can be released only with written permission of the parent (or adult student). The primary rights of parents and adult students under FERPA are:

(1) To inspect and review education records;

(2) To request amendment of education records; and

(3) To have some control over the disclosure of information from education records.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-010, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-010, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-011 Definitions.

As used in this chapter:

(1) "Directory information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, diplomas, honors, and awards received, and the most recent school or program attended.

(2) "Disclosure" means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means.

(3) "Education records" means the type of records covered under the definition of "education records" in 34 C.F.R. Part 99 (regulations implementing FERPA).

(4) "Eligible student" means a student who has reached 18 years of age. When a student becomes an "eligible student," the rights accorded to, and the consent required of, parents under this chapter, transfer from the parents to the student.

(5) "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

(6) "Party" means an individual, agency, institution, or organization.

(7) "Personally identifiable information" includes, but is not limited to, the student's name; the name of the student's parent or other family member; the address of the student or student's family; a personal identifier, such as the student's Social Security number or student number or biometric records; a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

(8) "Student" means any individual who is or has been in attendance at the school and regarding whom the school maintains education records.

(9) "Legitimate educational interest" exists if the school official needs to have access to the record in order to fulfill the official's professional responsibility, perform appropriate tasks that are specified in their position description or contract agreement, perform a function related to a student's education or discipline, perform a service or benefit relating to the student or student's family, such as health education, counseling, advising, or student employment, or maintain safety and security.

(10) "School official" includes a person employed by the school as a teacher, administrator, supervisor, counselor, support or clerical staff, human resources staff, information systems specialist, school security personnel, a person appointed to the board of trustees, a person with whom the school has contracted to perform a service to or on behalf of the school (such as an attorney, hearing officer, auditor, medical consultant, or therapist), a parent or student serving on an official committee or assisting another school official in performing their tasks, or other party to whom the school has outsourced institutional services or functions.

(11) "Participating agency" means any school district, agency or institution which collects, maintains, or uses personally identifiable information, or from which information is obtained in implementing chapters 392-172A and 72-171 WAC (rules for the provision of special education), and includes the OSPI, school districts and other public agencies.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-280-011, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-011, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-011, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-015 Notice.

The school provides parents or eligible students currently in attendance with annual notice of their rights under FERPA by publication in the parent/student handbook and through these rules.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-015, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-015, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-020 Access rights.

(1) The school shall permit parents of students eligible for special education to inspect and review, during school business hours, any education records relating to the student which are collected, maintained, or used by the school under chapters 392-172A and 72-171 WAC. A request by a parent (or eligible student) to inspect and review education records should be made in writing to the director of education. The director of education or designee shall comply with a request promptly and before any meeting regarding an individualized education program or hearing or resolution session relating to the identification, evaluation, educational placement of the student or provision of FAPE to the student, including disciplinary proceedings. The school shall respond, in no case, more than 45 calendar days after the request has been made.

(2) Where the education record includes information on more than one student, the parent(s) of those students (or the eligible students) shall have the right to inspect and review only the information relating to their child (or themselves) or to be informed of that specific information.

(3) The right to inspect and review education records under this section includes:

(a) The right to a response from the school to reasonable requests for explanations and interpretations of the records;

(b) The right to request that the school provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent or eligible student from exercising the right to inspect and review the records; and

(4) The school may presume that a parent has authority to inspect and review records relating to their child unless the school has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and dissolution.

(5) A list of the types and locations of education records collected, maintained, or used by the school may be obtained by the parent (or eligible student) at the director of education's office.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-280-020, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-020, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-020, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-030 Amendment of records—Hearing on request to amend records.

(1)(a) A parent (or eligible student) who believes that information contained in the education record is inaccurate, misleading, or violates the privacy or other rights of the student, may request the school to amend the information.

(b) A parent (or eligible student) shall not be permitted under this chapter to challenge the validity of grades or other evaluations which are accurately recorded.

(2) The school shall decide whether to amend the record as requested within a reasonable time after receipt of the request.

(3) If the school decides not to amend the record as requested, it shall inform the parent (or eligible student) of the decision and of the right to a hearing.

(4) The school will conduct a hearing within a reasonable time after it has received the request for a hearing.

(a) Notice of the date, time and place shall be provided reasonably in advance of the hearing.

(b) The hearing may be conducted by any party, including an official of the school, who does not have a direct interest in the outcome of the hearing. The parent (or eligible student) shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend an education record. The parent (or eligible student) may, at their own expense, be assisted or represented at the hearing by one or more individuals, including an attorney.

(c) The school will provide a written decision within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely upon the evidence presented at the hearing and include a summary of the evidence presented and the reasons for the decision.

(5) If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent (or eligible student) in writing.

(6) If, as a result of the hearing, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent (or eligible student) of the right to place in the records it maintains on the student a statement commenting on the challenged information or setting forth any reasons for disagreeing with the decision of the school.

(7) Any explanation placed in the records of the student under this section must:

(a) Be maintained by the school as part of the records of the student as long as the record or contested portion is maintained by the school; and

(b) Be included with any disclosure of the record or contested portion to which the explanation relates.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-030, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-030, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-040 Consent for release of records.

(1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsection (2) of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 C.F.R. Part 99.

(2) Except as provided in this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part.

(3) Parental consent, or the consent of an eligible student who has reached the age of majority under state law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

(4) If a parent (or eligible student) so requests, the school shall provide them with a copy of the records disclosed.

(5) "Directory information" may be disclosed without the parent's (or eligible student's) prior written consent, unless the parent (or eligible student) notifies the school in writing within 10 days of enrollment and thereafter by the 10th day of the academic year that they do not want any or all of the student's information to be designated as directory information.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-280-040, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-040, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-040, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-050 Safeguards.

(1) The school shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

(2) The director of education is responsible for assuring the confidentiality of any personally identifiable information.

(3) The school shall maintain, for public inspection, a current listing of the names and positions of those employees within the school who may have access to personally identifiable information.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-050, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-050, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-055 Record of access.

The school shall maintain a record of parties obtaining access to educational records collected, maintained, or used under this chapter including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. The agency is not required to keep a record of access by parents, and authorized employees with a legitimate educational interest in the records.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-055, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-055, filed 7/19/90, effective 8/19/90.

Wash. Admin. Code § 72-280-060 Destruction of information.

(1) Student education records may be destroyed in accordance with state laws and regulations: Provided, That the school shall not destroy any education records if there is an outstanding request to inspect and review the records under this chapter.

(2)(a) The school shall inform parents (or eligible students) when personally identifiable information is no longer needed to provide educational services to the student, or is no longer required to be retained under state or federal law.

(b) At the request of a parent (or eligible student), the school shall destroy personally identifiable information. However, the school may maintain a permanent record of the student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year of completion without time limitation.

(3) For the purpose of this section, "destruction" means physical destruction or removal of personal identifiers.

History

Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-060, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). WSR 90-16-010, § 72-280-060, filed 7/19/90, effective 8/19/90.

Chapter 72-325 State Environmental Policy Act rules.

Wash. Admin. Code § 72-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Washington state school for the blind that all actions taken by the school shall comply with the provisions of chapter 43.21C RCW (State Environmental Policy Act) and chapter 197-11 WAC as presently enacted or hereafter amended.

(2) The superintendent, or their designee, shall be responsible for administering and implementing this policy.

History

Statutory Authority: RCW 72.40.022, 34.05.220, 34.05.250, 28A.155.010, and 42.56.100. WSR 24-16-108, § 72-325-010, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 72.40.022. WSR 90-16-011, § 72-325-010, filed 7/19/90, effective 8/19/90.