Student Rights & Responsibilities
It is the goal of the North Kitsap School District to promote in all students a sense of their civic rights, and also their responsibilities. The conduct of one student should not impair the rights or opportunities of other students. The Board of Directors has adopted policies related to student conduct. Rules and regulations which govern the rights and responsibilities of students, staff, and administrators as they relate to student conduct are outlined on the following pages. This document reflects the rights of individuals as set forth in federal and state laws, State Board of Education rules and regulations on procedural due process guarantees, and North Kitsap School District policies.
Student Responsibilities and Duties
Authority of School
Criminal & School Offenses Defined
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Alcohol, Drugs, and Mind-Altering Substances – Students will not possess, use, show evidence of having consumed, distribute, sell, or solicit or facilitate the sale of alcohol, drugs, mind-altering substances, medication not prescribed by a physician and approved in writing by the student’s parent/guardian, or drug paraphernalia (or any item which purports to be such). While in attendance at school or school-sponsored events, students must remove themselves immediately from any situation where alcohol or drugs are being possessed or consumed.
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Alteration of Records – Students will not falsify, alter, or destroy school records or any communication between home and school.
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Arson – Students will not intentionally cause a fire or explosion. Students also will not possess fire-ignition devices.
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Assault – Students will not intentionally use physical force or violence on another person or threaten or attempt to use such physical force or violence, that is harmful or offensive, regardless of whether any physical injury is done to the person. Pursuant to RCW 28A.635.090, a student who interferes by force or violence with school personnel or other students will be subject to immediate suspension or expulsion and may be referred to law enforcement for investigation of criminal activity.
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Athletic/Activity Code Violations – Students who participate in the interscholastic athletic program will conform to specific conduct standards established by the District, principals, athletic directors, and coaches and the rules and regulations of the Washington Interscholastic Activities Association (WIAA). A student who is found to be in violation of any athletic/activity rule is subject to removal from the team. General conduct expectations and requirements for students participating in athletics/activities, as well as the appeal process for disciplinary action, are described in Policy 2151 and Procedure 2151P.
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Attendance (Absences and Tardiness) – All students are expected to attend scheduled classes and activities daily in accordance with state law and District Policy 3122 and Procedure 3122P, unless officially excused by the designated person(s) at the school building. Students are also expected to be punctual in arriving at school and to each of their classes. Excessive and/or unexcused tardiness and/or absenteeism, regardless of the reason, may result in loss of credit and/or discipline, although students will not be suspended or expelled due to tardiness or absences.
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Bomb Threats – Students will not threaten to bomb or damage any District facility or property.
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Burglary – Students will not enter or remain unlawfully in a District building with intent to commit a crime (including, but not limited to, theft of property) on the premises.
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Cheating and Plagiarism – Students will not intentionally deceive or attempt to deceive school officials in the preparation or completion of any school assignment, assessment, examination, or project. Cheating includes knowingly submitting the work of others as a student’s own work without proper attribution (i.e., plagiarism). Students are also prohibited from assisting or facilitating cheating by other students.
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Checking out of School – Students will not leave school for the day unless excused by the school office.
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Commercial Activity – Students will not sell or offer for sale goods or services on District property or at school-sponsored events unless as part of an authorized group or activity.
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Criminal Behavior – Students who involve themselves in criminal acts on District property, off District property at schoolsponsored events, or off District property when such acts have a detrimental effect upon the maintenance and operation of the schools or the District are subject to discipline by the District as well as potential prosecution under the law.
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Damage to Property and Vandalism – Students will not intentionally cause physical damage to the property of the District, school personnel, or other students. Any student who defaces or otherwise injures school property, or property belonging to a school contractor, employee, or another student, may be suspended pursuant to RCW 28A.635.060. If a student loses or willfully cuts, defaces, or injures property of the District, a contractor of the District, an employee, or another student, the District may withhold the grades, diploma, and transcripts of the student until the student or his or her parents/guardians pay for the damages. If the student is suspended, the student may not be readmitted until the student or his or her parent/guardian has made payment or until directed by the superintendent. When the student and parent/guardian are unable to pay for the damages, the District will provide a program of voluntary work for the student in lieu of payment of monetary damages. Upon completion of the voluntary work, the grades, diploma, and transcripts of the student will be released. The parent/guardian of such student will also be liable for damages as otherwise provided by law.
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Dangerous Behavior – Students will not engage in behavior which a reasonable person would know creates a risk of injury to another person or property.
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Defiance – Students will obey the lawful instructions of school personnel.
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Disruptive Conduct – Students will not engage in conduct that materially and substantially interferes with the educational process. Disruptive conduct may include, but is not limited to, the following examples: a. Occupying a school building or school grounds in order to deprive others of its use; b. Blocking the entrance or exit of any school building or room in order to deprive others of passing through; c. Preventing students from attending a class or school activity; d. Blocking normal pedestrian or vehicular traffic on a school campus; and e. Interfering seriously with the conduct of any class or activity.
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Disruptive Dress and Appearance – Students will not dress or appear in a manner that presents a health or safety hazard, creates a reasonable expectation of damage to school property, or creates a material and substantial disruption of the educational process. Pursuant to Policy 3224, such dress includes clothing displaying messages determined by the building principal to be libelous, obscene, profane, or demeaning to any race, religion, sex, or ethnic group, sexual orientation, or disability, or which advocate the violation of the law.
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Electronic Information Systems – Students will comply with the acceptable use rules in Policy 2022 when using District electronic information systems such as email, computer devices, computer networks, and the Internet. Unauthorized, illegal, or inappropriate use of the District’s electronic information systems is prohibited.
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Explosives – Students will not possess, use, threaten to use, or attempt to possess or use objects tending or serving to explode with force or violence, including, but not limited to, firecrackers, bullets, and pipe bombs.
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Extortion, Blackmail, and Coercion – Students will not obtain or attempt to obtain money or property by violence or threat of violence. Students also will not coerce or attempt to coerce someone to perform an action, or refrain from acting, by force or threat of force.
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False Accusations and Defamation – Students will not make false statements about school personnel or other students, including untrue charges of wrongful conduct.
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False Alarms and Fire Apparatus – Students will not set off false alarms, discharge or steal fire extinguishers, or damage alarm systems.
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Fighting – Students will not quarrel with one or more other students involving physical contact. Students who are found to have promoted or incited a fight will be subject to the same discipline as those who are involved in the fight.
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Gambling – Students will not risk or bet objects of value on the outcome of an event, a game, or chance, or assist or facilitate gambling by other students.
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Gang Activity – Students will not engage in gang activity or display symbols of gang affiliation. A “gang” means a group that consists of three or more persons; has identifiable leadership; and on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. Gang symbols include the use of hand signals, handwriting, and/or the presence of apparel, jewelry, accessories, graffiti, or manner of grooming which by virtue of its colors, arrangement, trademark, symbol alteration, or any other attribute, denotes membership in a gang.
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Harassment, Intimidation, and Bullying/Cyberbullying – Students will not participate in, conspire to participate in, or conspire for others to engage in “harassment, intimidation, and bullying/cyberbullying” (HIB) as defined in Policy 3207 and Procedure 3207P. In general, HIB means any intentionally written message or image, including those that are electronically transmitted (e.g. sexting), or a verbal or physical act that physically harms a student or damages his or her property; has the effect of substantially interfering with a student’s education; is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or has the effect of substantially disrupting the orderly operation of the school. HIB includes messages, images, and verbal or physical acts shown to be motivated by any characteristic in RCW 9A.36.080 (race, color, national origin including language, sex, sexual orientation including gender expression or identity, creed, religion, age, veteran or military status, disability, or the use of a trained dog guide or service animal by a person with a disability) or other distinguishing characteristics. Prohibited HIB can include, but is not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats, or other written, oral, or physical actions.
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Hazing – Students will not participate in, conspire to participate in, or conspire for others to participate in acts that injure, degrade, or disgrace—or tend to injure, degrade, or disgrace—other people. Hazing may also constitute prohibited harassment, intimidation, and bullying/cyberbullying (HIB), as discussed above and in Policy 3207 and Procedure 3207P.
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Identifying Self – Students will, upon request, identify themselves to proper school authorities in the school building, on school grounds, or at school-sponsored events.
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Inappropriate Display of Affection – Students will not engage in overt displays of affection or sexually oriented actions that violate standards of acceptable social conduct.
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Inappropriate Language or Conduct – Students will not engage in vulgar, profane, or obscene language or conduct. In addition, students will not engage in expression that constitutes a material and substantial disruption of the orderly operation of the school, as discussed in Policy 3220.
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Lasers and Similar Devices – Students will not possess or use lasers and similar devices without prior authorization from appropriate school officials.
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Littering – Students will not throw, drop, deposit, or discard litter on public property.
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Loitering – Students will leave the school campus at the official close of the school day unless permission to remain has been granted by an appropriate school official.
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Motor Vehicle Violations – Students who choose to drive motor vehicles to school must: (a) observe all rules of safe driving on and around school property; (b) park in the area designated by school officials; and (c) comply with any registration procedures that may be required by school officials. Refusal to adhere to these conditions may result in the loss of the privilege of parking on school property and/or other discipline.
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Robbery – Students will not steal from a person by force or threat of force.
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Theft – Students will not wrongfully obtain or exert unauthorized control over the property of the District or another person (i.e., steal).
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Tobacco, Nicotine Products, and Delivery Devices – Students will not possess, use, distribute, sell, or solicit or facilitate the sale of tobacco products, nicotine products, and delivery devices, in accordance with Policy 4215. Tobacco products and delivery devices include, but are not limited to, cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, nicotine, electronic smoking/vapor devices (i.e., e-cigarettes), and vapor products.
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Trespass – Students will not enter District buildings or property where students or members of the public are not allowed or refuse to leave such areas when ordered by school officials.
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Violation of Suspension – Students will not enter upon any real or personal property that is owned, leased, rented, or controlled by the District during the terms of any suspension from school without the prior express approval of an appropriate school official.
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Weapons and Other Dangerous Devices – Students will not possess, use, display, or transmit any object that is or reasonably appears to be a dangerous weapon or related device. Such objects include, but are not limited to: firearms, ammunition, incendiary or explosive devices, clubs, knives with blades of at least three (3) inches in length, other cutting or stabbing instruments brought or possessed with the intent to cause bodily harm or to instill fear and/or intimidate by their mere presence on school property or at school-sponsored events, chemical inhalants, metal knuckles, and look-alike items or replicas displayed or represented as real weapons. Any exception to this rule requires explicit permission from an appropriate school official. Pursuant to RCW 9.91.160, persons over eighteen (18) years of age, and persons between fourteen (14) and eighteen (18) years of age who have written parental permission, may possess personal protection spray devices (i.e., mace or pepper spray) on school property. No one may deliver such a spray device to anyone under fourteen (14), or to anyone between fourteen (14) and eighteen (18) who does not have written parental permission. Personal protection spray devices may only be used in self-defense as defined by state law. Possession, transmission, or use of a spray device under any other circumstances will be treated as a violation of the District’s rule prohibiting weapons. Pursuant to RCW 9.41.280, any student who possesses a dangerous weapon (as defined in that statute) on school premises, District transportation, or areas of facilities while being used exclusively by public schools may be immediately expelled. Law enforcement and parents will be notified. In addition, pursuant to RCW 28A.600.420, any student who is determined to have carried a firearm onto, or to have possessed a firearm on, school premises, District transportation, or areas of facilities while being used exclusively by public schools will be expelled from school for not less than one year, unless the superintendent modifies the expulsion on a case-by-case basis. For purposes of this rule, “firearm” means a firearm as defined in 18 U.S.C. § 921 and RCW 9.41.010. In addition, a student may be suspended or expelled for up to one year if the student acts with malice and displays an instrument that appears to be a firearm on school premises, District transportation, or areas of facilities while being used exclusively by public schools. This paragraph does not apply to any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms; involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms; or participating in a rifle competition authorized by school authorities
Search and Seizure
Student Records
Staff Member and Administrator Authority
Definition of Disciplinary Terms
Students with Disabilities
Classroom Exclusions
Due Process (Discipline, Suspension, Expulsion, Appeals)
Procedures for Contesting Discipline
Grievance Procedure for Classroom Exclusion and Other Forms of Discipline
Appeal of Short-Term and In-School Suspensions
Appeal of Long-Term Suspensions, Expulsions, and Emergency Expulsions
Reengagement Opportunity: For long-term suspensions and expulsions only (but not emergency expulsions), before the appeal hearing, the student, parents, and District may agree to hold a reengagement meeting and develop a reengagement plan. The student, parents, and District may mutually agree to postpone the appeal hearing while participating in the reengagement process.
Evidence and Witnesses: Upon request, the student, parents, and District may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The District, 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. Upon request, the student and parents may review the student’s education records. The District will make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. If a witness for the school district cannot or does not appear at the appeal hearing, the hearing officer may excuse the witness’ nonappearance if the District establishes that: (i) the District made a reasonable effort to produce the witness; and (ii) the witness’ failure to appear is excused by fear of reprisal or another compelling reason.
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Be represented by legal counsel;
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Question witnesses;
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Share the student’s perspective and provide explanation regarding the behavioral violation; and Introduce relevant documentary, physical, or testimonial evidence.
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Hearing Record: The appeal hearing will be recorded by manual, electronic, or other type of recording device. The District will provide the recording to the student or parents upon request.
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Appeal Decision: The hearing officer will base the decision solely on the evidence presented at the hearing. The hearing officer will provide a written decision to the student and parents in person, by mail, or by email within the following time limits: for long-term suspensions and expulsions, within three (3) school business days after the appeal hearing; and for emergency expulsions, within (1) school business day after the appeal hearing. The written decision will include: Finding of fact;
Language Assistance: The District will ensure that the notice, appeal proceedings, and decision are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency.
Pending Appeal
The District may temporarily continue to administer the suspension or expulsion for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier; Any days that the student is temporarily suspended or expelled before the appeal is decided will 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; If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the District will provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student’s return.
Review and Reconsideration
Time Limit: The appeal must be received by the superintendent’s office within ten (10) school business days from the date the District provides the written appeal decision to the student and parents.
Decision: The Board will provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision will identify: Whether the Board affirms, reverses, or modifies the suspension or expulsion; The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and for long-term suspensions or expulsions only, notice of the opportunity to participate in a reengagement meeting.
Language Assistance: The District will 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.
Time Limit: The appeal must be received by the superintendent’s office within five (5) school business days from the date the District provides the written appeal decision to the student and parents.
In reviewing the hearing officer’s decision, the Board will consider all documentary and physical evidence related to the behavioral violation, any records from the appeal, relevant state law, and the District’s discipline policy. The Board may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information.
The decision of the Board will be made only by members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the hearing officer’s decision.
Decision: The Board will provide a written decision to the student and parents in person, by mail, or by email within five (5) school business days after receiving the request for review and reconsideration. The written decision will identify: Whether the Board affirms or reverses the District’s decision that the student’s presence posed an immediate and continuing danger to students or school personnel or an immediate and continuing threat of material and substantial disruption of the educational process. If the emergency expulsion has not yet ended or been converted, whether the District will end the emergency expulsion or convert the emergency expulsion to a suspension or expulsion. If the District converts the emergency expulsion to a suspension or expulsion, the District will provide the student and parents notice and due process otherwise required by this procedure for the type of suspension or expulsion imposed.
Language Assistance: The District will ensure that any review proceedings and decision are in a language the student and parents can understand, which may require language assistance for students and parents with limited-English proficiency.
Educational Services
During the suspension, expulsion, or emergency expulsion of a student, the District will provide him or her the opportunity to receive educational services. The educational services must enable the student to continue to participate in the general educational curriculum; meet the educational standards established by the District; and complete subject, grade-level, and graduation requirements. When providing a student the opportunity to receive educational services, the District will consider:
Meaningful input from the student, parents, and the student’s teachers; Whether the student’s regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student’s academic achievement; and access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services. The District may provide educational services to the student in an alternative setting or modify the suspension or expulsion on a case-by-case basis. An alternative setting should be comparable, equitable, and appropriate to the regular education services a student would have received without the exclusionary discipline. Example alternative settings include alternative high schools, one-on-one tutoring, and online learning. As soon as reasonably possible after administering a suspension or expulsion, the District will provide written notice to the student and parents about the educational services the District will provide. The District will provide the written notice in person, by mail, or by email. The notice will include a description of the educational services that will be provided and the name and contact information for the school personnel who can offer support to keep the student current with assignments and course work.
For students subject to suspension or emergency expulsion for up to five (5) consecutive school days, the District will provide at least the following:
- Course work, including any assigned homework, from all of the student’s regular subjects or classes.
- Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes.
- An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion.
For students subject to suspension or emergency expulsion for six (6) to ten (10) consecutive school days, the District will provide at least the following:
- Course work, including any assigned homework, from all of the student’s regular subjects or classes.
- Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes. School personnel will make a reasonable attempt to contact the student or parents within three (3) school business days following the start of the suspension or emergency expulsion and periodically thereafter until the suspension or emergency expulsion ends to:
- Coordinate the delivery and grading of coursework between the student and the student’s teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student’s regular subjects or classes; and communicate with the student, parents, and the student’s teacher(s) about the student’s academic progress.
- An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion.
For students subject to expulsion or suspension for more than ten (10) consecutive school days, the District will provide educational services in accordance with WAC 392-121-107. The District will ensure that notices and communications required above are provided in a language the students and parents understand.
Reengagement
Reengagement Plan is a written plan developed between a school district, student, and parent to aid the student in taking necessary steps to remedy the situation that led to the corrective action and return the student to an educational setting as soon as possible. The reengagement plan will be culturally sensitive, culturally responsive, and tailored to the student’s individual circumstances to support the student in successfully returning to school. In developing a reengagement plan, the District will consider the factors listed in WAC 392-400-710(2).
Nondiscrimination Statement
The North Kitsap School District will provide equal educational opportunity and treatment for all in all aspects of the academic and activities program without discrimination based on sex, race, creed, religion, color, national origin, immigration status, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups.
Questions or complaints of alleged discrimination can be directed to the Civil Rights Compliance-Title IX/RCW 28A.640-ADA Compliance Officer Rachel Davenport, Executive Director of Human Resources, rdavenport@nkschools.org (360) 396-3003 and/or Title IX/RCW 28A.640 Officers Craig Barry, Director of Secondary Schools, cbarry@nkschools.org (360) 396-3093 and/or 504 Compliance Coordinator, Lori Buijten, Director of Special Education, lbuijten@nkschools.org (360) 396-3072; address - 18360 Caldart Ave NE, Poulsbo WA 98370.