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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: ED DPA 8-2-0-0 |
HB 2125: schools; student suspensions and expulsions
Sponsor: Representative Udall, LD 25
Caucus & COW
Overview
Limits the ability of school districts and charter schools (public schools) to suspend or expel students in preschool or kindergarten programs and the 1st-4th grades unless specified criteria are met.
History
Under current law, students of any age or grade may be expelled for: 1) continued open defiance of authority or disruptive or disorderly behavior; 2) violent behavior that includes a dangerous instrument or deadly weapon; 3) use or possession of a gun; 4) damaging school property; or 5) other actions for which the school district deems worthy of expulsion. A student may also be expelled for excessive absenteeism, but only if the student has reached the age or completed the grade after which school attendance is not required. A school district may annually, or upon the request of any student, or a parent or guardian, review the reasons for expulsion and consider readmission.
A public school must expel a student for at least one year for threatening an educational institution or for bringing a firearm to a school. However, expulsion may be modified in these instances on a case-by-case basis if the student participates in mediation, community service, restitution or other programs in which the student takes responsibility for the results of the threat.
A public school may reassign a student to an alternative education program if the student: 1) refuses to comply with rules; 2) refuses to pursue the required course of study; or 3) refuses to submit to the authority of teachers, administrators or the governing board. School districts must administer alternatives to suspension programs and have policies to determine requirements for student participation (A.R.S. §§ 15-841, 15-842).
A school district governing board must prescribe rules which require a notice and hearing procedure for cases concerning the suspension of a student for more than 10 days and procedures and conditions for readmitting a student who has been expelled or suspended for more than 10 days (A.R.S. § 15-843).
Provisions
1. Allows a public school to suspend or expel a student who is enrolled in a preschool or kindergarten program or the 1st-4th grades only if all the following apply:
a) The student engaged in conduct on school grounds that involves one of the following:
i. The possession of a dangerous weapon without school authorization;
ii. The possession, use or sale of a dangerous drug or narcotic drug; or
iii. The immediate endangerment of the health and safety of others.
b) Failure to remove the student would create a safety threat that cannot be otherwise reasonably addressed; and
c) Before suspending or expelling, the public school, on a case-by-case basis, considers and employs, if feasible while maintaining the healthy and safety of others, available and appropriate alternative behavioral and disciplinary interventions. (Sec. 2)
2. Prohibits a public school from suspending or expelling a student who is enrolled in a preschool or kindergarten program or the 1st-4th grades unless the school establishes readmission procedures that allow:
a) Students who have served at least five days of a suspension that exceeds 10 days to be considered for readmission upon parental appeal; and
b) Students who are expelled or subject to alternative reassignment to be considered for readmission on parental appeal at least 20 days after the effective date of the expulsion or alternative reassignment. (Sec. 2)
3. Makes technical and conforming changes (Sec. 1, 2)
Amendments
Committee on Education
1. Requires, before suspending or expelling a student who is enrolled in a preschool or kindergarten program or the 1st-4th grades, a school to consult with the student's parents or guardian to the extent possible when considering and employing alternative behavioral and disciplinary actions.
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HB 2125
Initials CH/NM Page 0 Caucus & COW
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