Washington Middle and Elementary Education Issues
Elementary and middle school is a critical time in a child's development. In a positive environment, children develop an appreciation for learning and begin to value education, setting them up to succeed in high school and beyond. But no child is immune to challenges in school, including those in Washington. When problems arise, if not headed off at the pass, the repercussions can impact a child for the rest of their life. If your child is failing to progress academically or not getting the support that they need; if the school has accused your child of wrongdoing; or if you are otherwise in conflict with the educational institution you entrust with your child's future, it is critical that you take the issue seriously and mount a strong defense. The stakes are higher than you think—do not go it alone. Call on the Lento Law Firm's Student Defense Team and fight for your child's future.
Washington Middle and Elementary School Academic Misconduct Charges
Children of any age can face charges of academic misconduct. The Office of Superintendent of Public Instruction (OSPI) is the State Education Agency in Washington and the primary agency overseeing public K-12 education in Washington state. Washington Education Code Section 28A.600.010 authorizes elementary and middle schools in the state to adopt disciplinary rules and procedures. The Washington Administrative Code (WAC) contains all rules adopted in Washington. The student discipline rules are under Chapter 392-400 WAC. WAC further outlines disciplinary action for cheating, plagiarism, and other forms of academic dishonesty.
For example, Rainier Prep, a middle school in the state's largest school district, Seattle School District, maintains a student handbook that lists cheating as a “Level Three Behavior” punishable by actions such as parent contact, loss of privileges, behavior plans, and administrator/parent/teacher conferences. However, the third incident of academic dishonesty in one class “will result in an automatic F in the course.”
Washington Middle and Elementary School Behavioral Misconduct Charges
Washington students also face disciplinary action for behavioral misconduct charges. Washington State disciplinary laws apply to all K-12 students. Specifically, Chapter 28A.600 of the Revised Code of Washington (RCW) includes several important statutes related to student discipline and defines disciplinary action for K-12 students as follows:
Classroom Exclusion
A classroom exclusion involves teachers sending a student out of class for continued disruptive behavior or the threat of substantial disruption or danger to others. Teachers must tell principals every time they have placed a child in a classroom exclusion, and the school must notify the parents about every classroom exclusion.
In-School Suspension
An in-school suspension is when a school official removes a student from their regular class due to a behavior violation. In-school suspensions can last up to 10 days. School officials should “try to talk with the student's parent about the incident before deciding on a suspension.” A school official should explain to the student the violation and the decision to place them in in-school suspension and then allow them to call their parents. The school official must also give the student and their parents written notice of the discipline. Parents have the opportunity to schedule a conference with the principal to discuss an in-school suspension, and the school should “work with you to get it scheduled within a few days.”
Out of School Suspensions & Expulsions
Washington schools limit suspensions and expulsions for K-4 students to less than 10 school days. The only exception is if the child brings a gun or has a gun at school, on the bus, or at a school activity. The school system also limits suspensions for fifth through twelfth-grade students to 15 days in a semester or 10 days in a trimester. School districts cannot discipline students in a way that denies them access to educational services or denies or delays their access to nutritionally adequate meals.
Long-term Suspensions & Expulsions
Long-term suspensions and expulsions are defined as removals of more than 10 days and are limited to four categories of misconduct:
- Bringing a firearm to school, on school transportation, or at facilities the school is using
- Certain violent offenses, sex offenses, inhaling toxic fumes, controlled substance offenses, liquor offenses, or certain crimes related to firearms, kidnapping, harassment, and arson
- Two or more violations of certain laws within three years, including criminal gang intimidation on school grounds, possessing dangerous weapons on school facilities, willfully disobeying school officials, or defacing school property
- Behavior that impacts the health or safety of other students or educational staff
Washington Middle and Elementary School Academic Progression Issues
Washington State does not list any disciplinary actions for elementary or middle school students who do not progress in school; however, under Section RCW 28A.600.045, all middle schools, junior high schools, and high schools are encouraged to implement comprehensive guidance to support students throughout their education and to encourage students' parents to take an active role as well.
One issue that impedes academic progress is absenteeism and tardiness. Washington's Becca Bill requires all children between 8 and 18 to attend school regularly. However, if a student is chronically absent or tardy, school districts cannot suspend or expel them for that reason. Washington doesn't see absenteeism or tardiness as the fault of the student. Rather, it puts the onus on the parents.
When an elementary or middle school student is truant, schools must notify the family, work with the student and family to find out why the problem is occurring, and try different strategies to improve the student's attendance. If these efforts don't work, the school may refer the family to the Community Engagement Board or court. Children who fail to progress can easily fall through the cracks and become prone to behavioral misconduct and at risk of disciplinary action.
Washington Middle and Elementary School Disability Issues
Washington elementary and middle school students can face issues gaining the disability accommodations required by state and federal law. Washington State must comply with the federal Individuals with Disabilities Act (IDEA), which requires elementary and middle schools to provide free and appropriate public education and maintain an Individualized Education Program (IEP) for students with disability needs. Once a Washington school district determines a student is eligible for special education services, the district has 30 days to hold an IEP meeting and develop an individualized plan for the student.
A child's IEP should include a behavior assessment and a behavior intervention plan if a behavior problem exists, and the plan should provide “creative ways to respond to those problems before they occur.” Special education students can still be suspended or expelled, but additional protections are in place for these students. When an elementary or middle school student under an IEP faces discipline for alleged misconduct, federal law requires the school to conduct a manifestation determination as part of the adjudication process.
Washington Education Attorney Advisor Services
If your elementary or middle school child is facing allegations of misconduct, Attorney-Advisor Joseph D. Lento's Education Law Team can help you and your student face these challenges, ensure they are treated fairly under state law, and advocate for the best possible outcome.
Where the Lento Law Firm Can Help
The Lento Law Firm's Student Defense Team represents and defends elementary and middle school students across the country, including throughout Washington State.
Student Defense in Seattle Public Schools
Seattle Public Schools is the state's largest K-12 school system, serving more than 49,870 schools. Middle schools in this district include Hamilton International Middle School, Washington Middle School, and Hazel Wolf K-8.
Student Defense in Spokane School District
Spokane school district is the largest district in eastern Washington, serving 28,280 students. Some of the district's largest elementary schools include Madison Elementary, Grant Elementary, and Lidgerwood Elementary.
Student Defense in Tacoma School District
Tacoma School District serves more than 28,000 children in Kindergarten through twelfth grade. This district is home to Hunt Middle School, First Creek Middle School, and Gray Middle School.
Lento Law Firm's Washington Education Attorney Advisors
The Lento Law Firm's Education Law Team and national education Attorney Advisor Joseph D. Lento help Washington middle and elementary school students with their school challenges. Their years of nationwide experience set them apart. Call 888.535.3686 or visit online now for professional attorney advisor defense in Washington.
