(1) Requesting review. The student or parents may request that the superintendent review and reconsider the school's appeal decision under WAC 72-120-525. The student or parents may request the review orally or in writing.

(2) Time limit. A request for review under this section should be submitted within 21 calendar days from the date the school provided the written appeal decision to the student and parents under WAC 72-120-525.

(3) Review procedure.

(a) In reviewing the school's decision, the superintendent must consider all documentary and physical evidence related to the events that led to the emergency removal, any records from the appeal under WAC 72-120-525, relevant state law, and the school's discipline policy and procedures.

(b) The superintendent may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather information.

(c) The superintendent must not have been involved in the events that led to the emergency removal, the decision to emergency remove the student, or the appeal decision under WAC 72-120-525.

(4) Decision. The superintendent must provide a written decision to the student and parents in person, by mail, or by email within five school business days after receiving the request for review and reconsideration. The written decision must state:

(a) Whether the superintendent affirms or reverses the school's decision that the student's presence posed:

(i) An immediate and continuing danger to students or school personnel; or

(ii) An immediate and continuing threat of material and substantial disruption of the educational process;

(b) If the emergency removal has not yet ended or been converted, whether the school will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the school converts the emergency removal to a suspension or expulsion, the school must provide the student and parents notice and due process under WAC 72-120-430 through 72-120-470; and

(c) A notice that judicial review may be available.

(5) Language assistance. The school must 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 under Title VI of the Civil Rights Act of 1964.