WAC 72-120-236   Long-term suspension -- Misconduct not a manifestation of disability -- Hearing.  (1) If a request for a hearing is received pursuant to WAC 72-120-234 within the required time period, the superintendent or his or her designee shall schedule a hearing to commence within seven school days after the date upon which the request for a hearing was received according to the requirements in chapter 10-08 WAC adopted in WAC 72-108-010.

     (2) The hearing shall be a brief adjudicative proceeding in accordance with WAC 72-108-100. The hearing process described in WAC 180-40-270, applicable to long-term suspensions involving students without disabilities, should apply as guidelines for the conduct of the brief adjudicative proceeding.

     (3) During the pendency of any administrative or judicial proceeding involving suspension under this section, unless the school and the parent(s) of the student (or the eligible student as defined in WAC 72-171-010(1)) agree otherwise, the student shall remain in the educational placement he or she was in when the request for hearing was made.

     (4) Nothing in this section shall be construed to limit the superintendent's ability to seek injunctive relief in appropriate cases from a court of competent jurisdiction.



[Statutory Authority: RCW 72.4.011 [72.40.022]. 01-16-023, § 72-120-236, filed 7/20/01, effective 8/20/01. Statutory Authority: RCW 72.40.022. 90-16-005, § 72-120-236, filed 7/19/90, effective 8/19/90.]