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M.G. BY PRISCILLA G. v. YAKIMA SCHOOL DIST.

No. 38165-0-III.

524 P.3d 670 (2022)

M.G., BY and with his Guardian ad Litem. PRISCILLA G., Appellants, v. YAKIMA SCHOOL DISTRICT NO. 7, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 3.

Ordered Published Date February 14, 2023.

Attorney(s) appearing for the Case

Sara Anne Zier , TeamChild, Po Box 1512, Tacoma, WA, 98401-1512, Daniel Sean Ophardt , TeamChild, 35 W Main Ave. Ste 316, Spokane, WA, 99201-0119, for Appellants.

Robert Franklin Noe , Yakima School District — Chief Legal Counsel, 104 N 4th Ave. Yakima, WA, 98902-2636, for Respondent.

Niki J. Krimmel-Morrison , Attorney at Law, 401 2nd Ave. S Ste. 407, Seattle, WA, 98104-3811, Sujatha Jagadeesh Branch , Northwest Justice Project, 711 Capitol Way S Ste. 704, Olympia, WA, 98501-1237, Katherin M. Jensen , Northwest Justice Project, 1702 W. Broadway Ave, Spokane, WA, 99201-1818, for Amicus Curiae on behalf of Northwest Justice Project. Soar Behavior Services.

Nancy Lynn Talner , ACLU-WA, P.o. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae on behalf of American Civil Liberties Union of Washington.

PANEL: Judges Fearing, Lawrence-Berrey, Staab.

¶1 M.G. sues the Yakima School District for violating his constitutional and statutory rights to attend high school absent an evidentiary administrative hearing before expelling a student. We conclude that the school district, with its unending suspension of M.G. from school, effectively expelled him in violation of M.G.'s statutory...

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