Washington Administrative Code

(1) Requesting an appeal. A student or the parents may appeal a suspension or expulsion to the school's superintendent 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 W…

(1) Requesting review. For the purposes of this section, "reviewing officer" means the director who reviews and reconsiders the school's appeal decision under WAC 148-120-465. The student or parents may request the review orally or in writing.(2) Time limit. A request for a revie…

The board designates a discipline appeal council to review and reconsider the superintendent's written decision granting a petition to extend expulsion under WAC 148-120-480. A discipline appeal council must consist of at least three persons appointed by the board for fixed terms…

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

WAC 392-400-510, the rule for emergency removals, conditions and limitations, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-510, filed 4/9/25, effec…

WAC 392-400-515, the rule for emergency removals, notice to student and parents, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-515, filed 4/9/25, ef…

WAC 392-400-520, the rule for emergency removals, optional conference with principal, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-520, filed 4/9/2…

(1) Requesting an appeal. A student or the parents may appeal an emergency removal to the superintendent 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 …

(1) Requesting review. The student or parents may request that the director review and reconsider the school's appeal decision under WAC 148-120-525. The student or parents may request the review orally or in writing.(2) Time limit. A request for review under this section should …

WAC 392-400-610, the rule for educational services during suspension, expulsion, or emergency expulsion, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-1…

WAC 392-400-710, the rule for student reengagement after long-term suspension or expulsion, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-710, filed…

WAC 392-400-810, the rule for exceptions for the purpose of protecting victims, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-810, filed 4/9/25, eff…

(1) Authorization. The school authorizes the assistant principal, principal, or superintendent 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…

WAC 392-400-820, the rule for firearm exceptions, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-820, filed 4/9/25, effective 5/10/25.]

WAC 392-400-825, the rule for corporal punishment, restraint, and isolation, is incorporated by reference.[Statutory Authority: RCW 34.05.010(16), 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and 28A.600.010 through 28A.600.022. WSR 25-09-037, s 148-120-825, filed 4/9/25, effect…

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 Washin…

The following definitions shall apply for the purposes of this supplemental procedure:(1) "Agency" means the Washington center for deaf and hard of hearing youth.(2) "Complainant" means an individual who is alleged to be the subject of conduct that could constitute sexual harassm…

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, abe…

(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(c) Meets the definition of sexual harassment as that term is defined in this supplemental procedure.(2) For pu…

(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 un…

(1) The agency's student conduct procedures, chapter 148-120 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 …

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…

(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…

(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 require…

This supplemental procedure does not preclude the agency from removing a student from school on an emergency basis consistent with WAC 148-120-510 through 148-120-530.[Statutory Authority: Chapter 34.05 RCW, RCW 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and Title IX of the Ed…

(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 148-120-935. The agency will administer any disci…

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 deaf is deemed appropriate by the school superintendent.[Statutory Authority: RCW 72.…

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 par…

(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 nonr…

Agreements required by WAC 148-130-030 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 148-171-150; and(4) S…

(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 148-108-100.(2) Requests for brief adjudicative procedures shall be written, …

(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…

Because the Washington state school for the deaf 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 educat…

(1) Applications for use of school facilities should be made on the Facilities Request Form, available from the administrative office of the school, 611 Grand Boulevard, Vancouver, Washington 98661.(2) Reasonable conditions may be imposed upon the applicant to regulate the timeli…

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 relate…

(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 agenci…

(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 p…

(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 vacat…

(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,…

(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 obviousl…

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 Act, as amended by the Individuals with Disabilities Education Improve…

(1) A parent, guardian, local education agency or school district may refer a student for admission to the Washington state school for the deaf (WSD) at the center. Students who are eighteen years old or are deemed to have reached the age of majority, consistent with RCW 26.28.01…

The assessment to identify residential students who present a moderate or high risk of sexually aggressive behavior or who may be vulnerable to victimization by such students, required by RCW 72.40.270, shall not be considered an evaluation for eligibility for special education a…

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 conjuncti…

Notwithstanding the provisions of WAC 392-172A-02050, the IEP team may conclude that a student will receive greater benefit from education in a specialized setting due to specific instructional and related services needs such that the least restrictive environment and appropriate…

The purpose of the rules in this chapter is to establish the procedures Washington state center for childhood deafness and hearing loss (center) will follow in order to provide full access to nonexempt public records. These rules provide information to persons requesting access t…

(1) The Washington state center for childhood deafness and hearing loss is a state agency established and organized under the authority of chapter 72.40 RCW to provide statewide leadership and support for the coordination of regionally delivered educational services and supports …

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the center, 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. …

(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 …

(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for fifteen cents per page and color copies for twenty-five cents per page.Before beginning to make the copies, the public records officer or des…