Help! I received Notice of an Emergency Expulsion/Emergency removal
While the state has mandated that school districts and public schools use the term “emergency removal” instead of the term “emergency expulsion” in the context of student discipline and as required by RCW 28A.300.042 and 28A.600.015, schools continue to use both terms. Either discipline is designed to temporarily remove a student from the classroom or school building, hence the concern over using the term expulsion, which implies long-term consequences.
If you, as a parent, receive notice that your student is subject to an emergency expulsion or emergency removal, typically your student is removed immediately from school and informed that he or she cannot return until further notice. Additionally, the school district may impose restrictions upon your student, prohibiting him or her from setting foot on the school’s campus and/or attending any school-related events. The school has up to 10 school days to convert the emergency expulsion or emergency removal to another form of discipline:
WAC 392-400-510
(3) Emergency removals must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided when an emergency removal is converted to another form of corrective action.
The purpose behind the emergency removal is that there is an allegation that your student poses an immediate and continuing danger to other students or school staff, or a threat of substantial disruption to the educational process.
The most important thing a parent or student should know about the emergency removal is that there are timelines within which to respond and/or contest the Emergency Removal. Contacting an attorney to assist in navigating through those timelines and processes can make all the difference in the outcome for the student and his or her timely return to the classroom.
Burke Brown Attorneys has extensive experience assisting students through this process, and we understand the impact on a student and their family after being told the student cannot return to school. As soon as possible, contact Burke Brown Attorneys for guidance and help during this stressful and often confusing time.
