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REFERENCE TITLE: schools; suspensions and expulsions |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2743 |
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Introduced by Representatives Bolding: Peten, Salman
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AN ACT
amending Title 15, chapter 8, article 3, Arizona Revised Statutes, by adding section 15-843.01; relating to suspension and expulsion of pupils.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 8, article 3, Arizona Revised Statutes, is amended by adding section 15-843.01, to read:
15-843.01. Special provisions for suspension and expulsion of pupils in preschool programs, kindergarten programs and grades one and two; rules; definition
A. Notwithstanding section 15‑843, a pupil who is attending a school or program that is operated by a school district or charter school and who is enrolled in a preschool program, a kindergarten program, grade one or grade two may not be suspended or expelled from school, except that the pupil may be:
1. Expelled from school if required by federal law.
2. Suspended from school for not more than five school days if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through intervention and support.
B. The principal or school administration shall promptly contact the parent or guardian of a pupil who is suspended or expelled under subsection a of this section.
C. The school shall provide intervention and support to address the behavior of a pupil described in subsection a of this section if the pupil either:
1. Is suspended from the school pursuant to subsection A of this section.
2. Is disruptive to the school environment.
3. Commits an act that would be considered an offense subject to suspension if the pupil were enrolled in a higher grade.
D. The intervention and support for a pupil as prescribed in subsection c of this section may include the following:
1. Positive behavior intervention and support.
2. A behavior intervention plan.
3. A referral to a support team.
4. A referral to an individualized education program team.
5. A referral for appropriate community–based services.
E. A school district or charter school shall remedy the impact of the behavior of a pupil described in subsection a of this section through appropriate intervention methods that may include restorative practices.
F. The state board of education may adopt rules to carry out the purposes of this section.
G. For the purposes of this section, "restorative practices" means practices that both:
1. Are conducted in a whole–school setting that supports peacemaking and solves conflict by building a community and addressing harm in the school setting.
2. meet all of the following requirements:
(a) Are conducted by trained staff.
(b) Focus on repairing the harm to the community through dialogue that emphasizes individual accountability.
(c) Help build a sense of belonging, safety and social responsibility in the school community.