SB1439 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-184, Arizona Revised Statutes, is amended to read:

START_STATUTE15-184. Charter schools; admissions requirements

A. A charter school shall enroll all eligible pupils who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building.

B. A charter school shall give enrollment preference to pupils who are returning to the charter school in the second or any subsequent year of its operation and to siblings of pupils who are already enrolled in the charter school.

C. A charter school may give enrollment preference to children who are in foster care or meet the definition of unaccompanied youth prescribed in the McKinney-Vento homeless assistance act (42 United States Code section 11434a).

D. A charter school may give enrollment preference to and reserve capacity for pupils who either:

1. Are children, grandchildren or legal wards of any of the following:

(a) Employees of the school.

(b) Employees of the charter holder.

(d) Directors, officers, partners or board members of the charter holder.

2. Attended another charter school or are the siblings of that pupil if the charter school previously attended by the pupil has the identical charter holder, board and governing board membership as the enrolling charter school or is managed by the same educational management organization, charter management organization or educational service provider as determined by the charter authorizer.

E. If remaining capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall select pupils through an equitable selection process such as a lottery, except that preference shall be given to siblings of a pupil who is selected through an equitable selection process such as a lottery.

F. Except as provided in subsections A through D of this section, a charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language or athletic ability.

G. A charter school may limit admission to pupils within a given age group or grade level.

H. A charter school may provide instruction to pupils of a single gender with the approval of the sponsor of the charter school. An existing charter school may amend its charter to provide instruction to pupils of a single gender, and, if approved by the sponsor of the charter school, may provide instruction to pupils of a single gender at the beginning of the next school year.

I. A charter school may refuse to admit any pupil who has been either:

1. Is currently expelled from another educational institution. or who

2. Is in the process of being expelled from another educational institution.

3. Was previously expelled from that charter school and who, after serving the pupil's expulsion, continues to endanger the health or safety of others by continuing to threaten violence as determined by the charter school after proper notice and a hearing in accordance with section 15-843. END_STATUTE

Sec. 2. Section 15-186, Arizona Revised Statutes, is amended to read:

START_STATUTE15-186. Pupil disciplinary information; reporting requirements

Each charter school governing body shall develop procedures that require the each charter school to do all of the following:

1. Annually report to the department of education in a manner prescribed by the department the number of suspensions and expulsions that involve the possession, use or sale of an illegal substance under title 13, chapter 34 and the type of illegal substance involved in each suspension or expulsion. The department of education shall compile this information and annually post the information on its website. The information shall not include personally identifiable information, shall comply with the family educational rights and privacy act of 1974 (P.L. 93-380; 88 Stat. 57 571; 20 United States Code section 1232g) and shall show the number of suspensions and expulsions associated with each illegal substance aggregated statewide and by county.

2. Quarterly report to the department of education in a manner prescribed by the department pursuant to section 15-240 on all of the following for the first day of the school year and for the first day of each month thereafter that school is in session:

(a) The total number of pupils who:

(i) Were enrolled in the charter school.

(ii) Received an in-school suspension.

(iii) Received an out-of-school suspension of one day or less.

(iv) Received an out-of-school suspension of at least two but not more than five days.

(v) Received an out-of-school suspension of at least six but not more than ten days.

(vi) Received an out-of-school suspension of more than ten days.

(vii) Were expelled.

(viii) Were reassigned to alternative education settings.

(ix) Withdrew for other reasons.

(b) The number of instances a restraint technique was used. For the purposes of this subdivision, "restraint" has the same meaning prescribed in section 15-105.

(c) The number of instances a seclusion technique was used. For the purposes of this subdivision, "seclusion" has the same meaning prescribed in section 15-105.

3. Quarterly report to the department of education in a manner prescribed by the department pursuant to section 15-240 the age, gender, race, ethnicity, English language learner status and disability status of all pupils who are suspended, expelled or reassigned to an alternative education setting. END_STATUTE

Sec. 3. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-240, to read:

START_STATUTE15-240. School reporting; student disciplinary and demographic information; posting

Notwithstanding section 15-1042, subsection J, the department of education shall prescribe a format for school districts and charter schools to report the information required by section 15-186, paragraphs 2 and 3 and section 15-843, subsection B, paragraph 10, subdivisions (b), (c) and (d). The department shall compile the student disciplinary and demographic information submitted by charter schools pursuant to section 15-186, paragraphs 2 and 3 and school districts pursuant to section 15-843, subsection B, paragraph 10, subdivisions (b), (c) and (d) and annually post the information on its website. The information must comply with the family educational rights and privacy act of 1974 (P.L. 93-380; 88 Stat. 57; 20 United States Code section 1232g), may not include personally identifiable information and must show the number of alternative education reassignments, suspensions and expulsions with student demographic data aggregated statewide and by county. END_STATUTE

Sec. 4. Section 15-707, Arizona Revised Statutes, is amended to read:

START_STATUTE15-707. College and career readiness program for at-risk students; requirements; annual report; definition

A. A school district or charter school that provides high school instruction may establish a college and career readiness program for at-risk students. A program established pursuant to this section shall meet the following requirements:

1. Consist of at least nine consecutive months of academic support, including tutoring and remediation, to ensure that participating students meet the academic standards adopted by the state board of education.

2. Consist of comprehensive instruction on workplace skills as adopted by the state board of education.

3. Consist of instruction on leadership and civic duty.

4. Require students who participate in the program to earn credits toward graduation from high school.

5. Require students who participate in the program to perform volunteer activities or community service.

6. Require students who participate in the program to continue to participate in the program for twelve months after graduation from high school, during which time the school district or charter school shall provide follow-up assistance that is designed to assist the student's transition to postsecondary education, vocational or job training, military service or employment. A participating school district or charter school may develop a dual enrollment course program in order to meet the requirements of this paragraph.

7. Be administered through a private entity selected by the department of education.

B. School districts and charter schools that participate in the program shall annually report the following information to the department of education:

1. The percentage of students who participate in the program and who graduate from high school or obtain a general equivalency diploma on or within twelve months after the scheduled graduation date for that student's classmates.

2. The percentage of students who participate in the program, who graduate from high school or obtain a general equivalency diploma and who begin participation in postsecondary education, employment, vocational or job training or military service within twelve months after the scheduled graduation date for that student's classmates.

3. The percentage of students who participate in the program and who are either enrolled full time at a postsecondary education institution, employed full time, enrolled in a full-time vocational or job training program or on active duty in the armed forces of the United States, or any combination of these activities that in totality amounts to full-time activity, within twelve months after the scheduled graduation date for that student's classmates.

4. The percentage of students who participate in the program and their achievement scores on the statewide assessment adopted by the state board of education prescribed in section 15-741.

C. On or before September 15 of each year, the department of education shall submit a report to the governor, the president of the senate and the speaker of the house of representatives that summarizes the information submitted pursuant to subsection B of this section. The department of education shall provide a copy of the annual report to the secretary of state.

D. For the purposes of this section, "at-risk student" means a pupil in grade eleven or twelve who either:

1. Is likely to drop out of high school without graduating.

2. Has documented academic, personal or vocational barriers to success in high school and the workplace, including having been subject to discipline, alternative education reassignment, suspension or expulsion pursuant to section 15-843. END_STATUTE

Sec. 5. Heading change

The article heading of title 15, chapter 8, article 3, Arizona Revised Statutes, is changed from "SUSPENSION AND EXPULSION OF PUPILS" to "STUDENT DISCIPLINE".

Sec. 6. Section 15-840, Arizona Revised Statutes, is amended to read:

START_STATUTE15-840. Definitions

In this article, unless the context otherwise requires:

1. "Alternative education reassignment" means reassignment to an alternative education setting.

1. 2. "Expulsion" means the permanent withdrawal of the privilege of attending a pupil's right to attend a school for up to one year unless the governing board reinstates the privilege of attending pupil's right to attend the school.

2. 3. "Suspension" means the temporary withdrawal of the privilege of attending a pupil's right to attend a school for a specified period of time not to exceed fifteen school days per disciplinary action. END_STATUTE

Sec. 7. Title 15, chapter 8, article 3, Arizona Revised Statutes, is amended by adding section 15-840.01, to read:

START_STATUTE15-840.01. Expulsions and suspensions; limit; educational services; alternative education settings

A. A school district or charter school may not impose an expulsion that exceeds one year or a suspension that exceeds fifteen school days.

B. If a pupil is expelled from a school district or charter school, the school district or charter school:

1. May provide educational services for the pupil in an alternative education setting, including any of the following:

(a) An alternative education program or alternative school.

(b) A home tutoring or other home-based educational option.

(d) A college and career readiness program for at-risk students established pursuant to section 15-707.

2. Within five days after the expulsion determination, the school district or charter school shall notify the pupil and the pupil's parent or guardian of and provide the pupil and the pupil's parent or guardian with resources regarding at least three accessible alternative educational options that are currently available to the pupil and the contact information of those accessible alternative educational options. The school must provide at least two alternative educational options physically located within fifty miles of the pupil's current school, if available, and at least one available online alternative educational option. The information provided to a pupil and the pupil's parent or guardian under this paragraph must include telephone numbers and online resources to help families research or, if applicable, apply for these accessible alternative educational options. Nongovernmental resources, such as a search engines, may be included in the information provided under this paragraph. A school district or charter school may provide more information than is required under this paragraph but may not provide less information than is required under this paragraph.

C. As an alternative to expulsion, after notice and a hearing, a school district or charter school may provide educational services for the pupil through alternative education reassignment in an alternative education setting, by transferring the pupil to an alternative education school or placing the pupil in an alternative education program.

D. If a pupil is suspended from a school district or charter school for more than five school days, the school district or charter school shall provide educational services for the pupil in an alternative education setting for the remainder of the suspension. A pupil may not remain in the alternative education setting for longer than the length of the suspension unless the pupil's parent or guardian requests alternative reassignment for the pupil. An alternative education setting may include any of the following:

1. An alternative education program or alternative school.

2. A home tutoring or other home-based educational option.

3. An online education program.

4. A college and career readiness program for at-risk students established pursuant to section 15-707. END_STATUTE

Sec. 8. Section 15-841, Arizona Revised Statutes, is amended to read:

START_STATUTE15-841. Responsibilities of pupils; expulsion; alternative education programs; alternative to suspension programs; placement review committee

A. Pupils shall comply with the rules, pursue the required course of study and submit adhere to the authority of the teachers, the administrators and the governing board. A teacher may send a pupil to the principal's office in order to maintain effective discipline in the classroom. If a pupil is sent to the principal's office pursuant to this subsection, the principal shall employ appropriate discipline management techniques that are considerate of the pupil's developmental level and consistent with rules adopted by the school district governing board. A teacher may remove a pupil from the classroom if either of the following conditions exists:

1. The teacher has documented that the pupil has repeatedly interfered with the teacher's ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.

2. The teacher has determined that the pupil's behavior is so unruly, disruptive or abusive that it seriously interferes with the teacher's ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.

B. A pupil may be expelled for continued open defiance of authority, continued disruptive or disorderly behavior, violent behavior that includes use or display of a dangerous instrument or a deadly weapon as defined in section 13-105, or use or possession of a gun, or excessive absenteeism. A pupil may be expelled for excessive absenteeism only if the pupil has reached the age or completed the grade after which school attendance is not required as prescribed in section 15-802. A school district may expel pupils for actions other than those listed in this subsection as the school district deems appropriate. A school district shall consider, on a case-by-case basis, disciplinary actions other than expulsions before using expulsion. Any expulsions of pupils in a preschool program, a kindergarten program and grades one through four must comply with section 15-843, subsection K.

C. A school district may refuse to admit any pupil who has been either:

1. Is currently expelled from another educational institution. or who

2. Is in the process of being expelled from another educational institution.

3. Was previously expelled from that school district and who, after serving the pupil's expulsion, continues to endanger the health or safety of others by continuing to threaten violence as determined by the school district after proper notice and a hearing.

D. A school district, annually semiannually or on the request of any pupil or the pupil's parent or guardian, may shall review the reasons for the pupil's expulsion and consider readmission.

E. As an alternative to suspension or expulsion, the school district may reassign any pupil to an alternative education program if all of the following apply:

1. The pupil does not meet the requirements for participation in the alternative to suspension program prescribed in subsection I of this section. and if

2. Good cause exists for expulsion or for a long-term suspension exceeding ten school days.

3. The school district provides proper notice and a hearing.

F. A school district may reassign a pupil to an alternative education program if the pupil refuses to comply with rules, refuses to pursue the required course of study or refuses to submit adhere to the authority of teachers, administrators or the governing board and if the school district provides proper notice and a hearing.

G. A school district or charter school shall may expel from school for a period of not less than one year a pupil who is determined to have brought a firearm to a school within the jurisdiction of the school district or the charter school. , except that The school district or charter school may modify this an expulsion requirement pursuant to this subsection for a pupil on a case-by-case basis. This subsection shall be construed consistently with the requirements of the individuals with disabilities education act (20 United States Code sections 1400 through 1420). For the purposes of this subsection, :

1. "Expel" may include removing a pupil from a regular school setting and providing educational services in an alternative setting.

2. "firearm" means a firearm as defined in 18 United States Code section 921.

H. A school district or charter school shall may expel from school for at least one year a pupil who is determined to have threatened an educational institution. , except that the A school district or charter school may modify this an expulsion requirement for a pupil pursuant to this subsection on a case-by-case basis, if giving special consideration to whether the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the results of the threat. This subsection shall be construed consistently with the requirements of the individuals with disabilities education act (20 United States Code sections 1400 through 1420). After proper notice and a hearing, a school district may reassign a pupil who is subject to expulsion pursuant to this subsection to an alternative education program pursuant to subsection E of this section if the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the threat. A school district or charter school may require the pupil's parent or guardian to participate in mediation, community service, restitution or other programs in which the parent or guardian takes responsibility with the pupil for the threat. For the purposes of this subsection, "threatened an educational institution" means to interfere interfering with or disrupt disrupting an educational institution as defined in section 13-2911 by doing any of the following:

1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to cause physical injury to any employee of an educational institution or any person attending an educational institution.

2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational institution or the property of any person attending an educational institution.

3. Going on or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others.

4. Refusing to obey a lawful order to leave the property of an educational institution.

I. Each school district shall establish an alternative to suspension program in consultation with local law enforcement officials or school resource officers school counselors, school social workers, school psychologists and other school-based behavioral health professionals. The school district governing board shall adopt policies to determine the requirements for participation in the alternative to suspension program. Pupils who would otherwise be subject to suspension pursuant to this article and who meet the school district's requirements for participation in the alternative to suspension program shall may be transferred to a location on school premises that is isolated from other pupils or transferred to a location that is not on school premises. The alternative to suspension program shall be discipline intensive and require academic work, and may require community service, groundskeeping and litter control, parent supervision, and evaluation meeting with a school-based behavioral health professional or other developmentally appropriate activities. The community service, groundskeeping and litter control, and other developmentally appropriate activities may be performed on school grounds or at any other designated area.

J. Each school shall establish a placement review committee to determine the placement of a pupil if a teacher refuses to readmit the pupil to the teacher's class and to make recommendations to the governing board regarding the readmission of expelled pupils. The process for determining the placement of a pupil in a new class or replacement in the existing class shall not exceed three business days after the date the pupil was first removed from the existing class. The principal shall not return a pupil to the classroom from which the pupil was removed without the teacher's consent unless the committee determines that the return of the pupil to that classroom is the best or only practicable alternative. The committee shall be composed of two teachers who are employed at the school and who are selected by the faculty members of the school, two school-based behavioral health professionals who are employed at the school, if available, and who are selected by the principal and one administrator who is employed by the school and who is selected by the principal. The faculty members of the school shall select a third teacher to serve as an alternate member of the committee. If the teacher who refuses to readmit the pupil is a member of the committee, that teacher shall be excused from participating in the determination of the pupil's readmission and the alternate teacher member shall replace that teacher on the committee until the conclusion of all matters relating to that pupil's readmission. END_STATUTE

Sec. 9. Section 15-843, Arizona Revised Statutes, is amended to read:

START_STATUTE15-843. Pupil disciplinary proceedings; reporting requirements; definition

A. An action concerning discipline, alternative education reassignment, suspension or expulsion of a pupil is not subject to title 38, chapter 3, article 3.1, except that the governing board of a school district or the governing body of a charter school shall post regular notice and shall take minutes of any hearing held by the governing board or governing body concerning the discipline, alternative education reassignment, suspension or expulsion of a pupil.

B. The governing board of any school district or the governing body of any charter school, in consultation with the teachers and parents and guardians of pupils, teachers, school counselors, school social workers, school psychologists and other school-based behavioral health professionals of the school district or charter school, shall prescribe rules for the discipline, alternative education reassignment, suspension and expulsion of pupils. The rules shall be consistent with the constitutional rights of pupils, shall be developmentally appropriate and shall include at least the following:

1. Penalties for excessive pupil absenteeism pursuant to section 15-803, including failure in a subject, failure to pass a grade, suspension or expulsion or alternative education reassignment.

2. Procedures for using corporal punishment if allowed by the governing board or governing body.

3. Procedures for the reasonable use of physical force by certificated or classified personnel in self-defense, defense of others and defense of property.

4. Procedures for dealing with pupils who have committed or who are believed to have committed a crime.

5. A notice and hearing procedure for cases concerning the alternative education reassignment of a pupil for disciplinary reasons, the EXPULSION of a pupil or the suspension of a pupil for more than ten school days.

6. Procedures and conditions for readmitting a pupil who has been reassigned to an alternative education setting for disciplinary reasons, who has been expelled or who has been suspended for more than ten school days.

7. Procedures to appeal to the governing board the or GOVERNING body a pupil's alternative education reassignment for disciplinary reasons, expulsion or suspension of a pupil for more than ten school days, if the decision to reassign, expel or suspend the pupil was not made by the governing board or governing body.

8. Procedures to appeal the recommendation of the hearing officer or officers designated by the governing board or governing body as provided in subsection F of this section at the time the governing board or governing body considers the recommendation.

9. Disciplinary policies for confining pupils who are left alone in an enclosed space. These policies shall include the following:

(a) A process for prior written parental notification to a parent or guardian that confinement may be used for disciplinary purposes and that is included in the pupil's enrollment packet or admission form.

(b) A process for prior written parental consent from a parent or guardian before confinement is allowed for any pupil in the school district or charter school. The policies shall provide for an exemption to prior written parental consent from the parent or guardian if a school principal or teacher determines that the pupil poses imminent physical harm to self or others. The school principal or teacher shall make reasonable attempts to notify the pupil's parent or guardian in writing by the end of the same day that confinement was used.

10. For school districts, procedures that require the school district to do all of the following:

(a) Annually report to the department of education in a manner prescribed by the department the number of suspensions and expulsions that involve the possession, use or sale of an illegal substance under title 13, chapter 34 and the type of illegal substance involved in each suspension or expulsion. The department of education shall compile this information and annually post the information on its website. The information shall comply with the family educational rights and privacy act of 1974 (P.L. 93-380; 88 Stat. 57 571; 20 United States Code section 1232g), shall not include personally identifiable information and shall show the number of suspensions and expulsions associated with each illegal substance aggregated statewide and by county.

(b) Quarterly report to the department of education in a manner prescribed by the department pursuant to section 15-240 on all of the following for the first day of the school year and the first day of each month thereafter that school is in session the total number of pupils who:

(i) Were enrolled in the school district.

(ii) Received an in-school suspension.

(iii) Received an out-of-school suspension of one day or less.

(iv) Received an out-of-school suspension of at least two but not more than five days.

(v) Received an out-of-school suspension of at least six but not more than ten days.

(vi) Received an out-of-school suspension of more than ten days.

(vii) Were expelled.

(viii) Were reassigned to alternative education settings.

(ix) Withdrew for other reasons.

(c) Quarterly report to the department of education in a manner prescribed by the department pursuant to section 15-240 both of the following:

(i) The number of instances a restraint technique was used. For the purposes of this item, "restraint" has the same meaning prescribed in section 15-105.

(ii) The number of instances a seclusion technique was used. For the purposes of this item, "seclusion" has the same meaning prescribed in section 15-105.

(d) Quarterly report to the department of education in a manner prescribed by the department pursuant to section 15-240 the age, gender, race, ethnicity, English language learner status and disability status of all pupils who are suspended, expelled or reassigned to an alternative education setting.

C. Penalties adopted pursuant to subsection B, paragraph 1 of this section for excessive absenteeism shall not be applied to pupils who have completed the course requirements and whose absence from school is due solely to illness, disease or accident as certified by a person who is licensed pursuant to title 32, chapter 7, 13, 14, 15 or 17.

D. The governing board or governing body shall:

1. Support and assist teachers in implementing and enforcing the rules prescribed pursuant to subsection B of this section.

2. Develop procedures allowing teachers and principals to recommend the suspension suspending or expulsion of expelling pupils.

3. Develop procedures allowing teachers and principals to temporarily remove disruptive pupils from a class.

4. Delegate to the principal the authority to remove a disruptive pupil from the classroom.

5. Develop procedures notifying, if available, school counselors, school social workers, school psychologists and other school-based behavioral health professionals in advance of a pupil's completion of a suspension of both:

(a) The date on which the pupil is suspended.

(b) The date on which the pupil will return to school.

6. Develop procedures allowing teachers to request that a pupil speak with a school counselor, school social worker, school psychologist or other school-based behavioral health professional, if available, instead of or in addition to a suspension.

E. If a pupil withdraws from school after receiving notice of possible action concerning discipline, alternative education reassignment, expulsion or suspension, the governing board or governing body may continue with the action after the withdrawal and may record the results of such action in the pupil's permanent file.

F. In all actions concerning the a pupil's alternative education reassignment, suspension exceeding ten school days or expulsion of a pupil, the governing board of a school district or GOVERNING body of a charter school shall:

1. Be notified of the intended action.

2. Either:

(a) Decide, in executive session, whether to hold a hearing or to designate one or more hearing officers to hold a hearing to hear the evidence, prepare a record and bring a recommendation to the governing board or governing body for action and whether the hearing shall be held in executive session.

(b) Provide by policy or vote at its annual organizational meeting that all hearings concerning the a pupil's alternative education reassignment, suspension exceeding ten school days or expulsion of a pupil conducted pursuant to this section will be conducted before a hearing officer selected from a list of hearing officers approved by the governing board or governing body.

3. Give written notice, at least five working days before the hearing by the governing board or GOVERNING body or the hearing officer or officers designated by the governing board or GOVERNING body, to all pupils subject to alternative education reassignment, suspension exceeding ten school days or expulsion and their parents or guardians of the date, time and place of the hearing. If the governing board or governing body decides that the hearing is to be held in executive session, the written notice shall include a statement of the right of the parents or guardians or an emancipated pupil who is subject to alternative education reassignment, suspension exceeding ten school days or expulsion to object to the governing board's or governing body's decision to have the hearing held in executive session. Objections shall be made in writing to the governing board or governing body.

4. Except as provided in subsection K, paragraph 5 of this section, provide by policy a readmission procedure for all pupils who are subject to alternative education reassignment or who are expelled and are to be considered for readmission after exclusion from school within thirty school days.

G. If a parent or guardian or an emancipated pupil who is subject to alternative education reassignment, suspension exceeding ten school days or expulsion disagrees that the hearing should be held in executive session, the hearing shall be held in an open meeting unless:

1. If only one pupil is subject to alternative education reassignment, suspension exceeding ten school days or expulsion and disagreement exists between that pupil's parents or guardians, the governing board or governing body, after consultations with the pupil's parents or guardians or the emancipated pupil, shall decide in executive session whether the hearing will be in executive session.

2. If more than one pupil is subject to alternative education reassignment, suspension exceeding ten school days or expulsion and disagreement exists between the parents or guardians of different pupils, separate hearings shall be held subject to this section.

H. This section does not prevent the pupil who is subject to alternative education reassignment, suspension exceeding ten school days or expulsion or suspension, and the pupil's parents or guardians and legal counsel, from attending any executive session pertaining to the proposed disciplinary action, from having access to the minutes and testimony of the executive session or from recording the session at the parent's or guardian's expense.

I. In schools employing a superintendent or a principal, the authority to suspend a pupil from school is vested in the superintendent, principal or other school officials granted this power by the governing board of the school district or the GOVERNING body of the charter school.

J. In schools that do not have a superintendent or principal, a teacher may suspend a pupil from school.

K. Unless required by section 15-841, subsection G, A school district or charter school may suspend or expel a pupil who is enrolled in a preschool program, a kindergarten program, first grade, second grade, third grade or fourth grade only if all of the following apply:

1. The pupil is seven years of age or older.

2. The pupil engaged in conduct on school grounds that meets one of the following criteria:

(a) Involves the possession of a dangerous weapon without authorization from the school.

(b) Involves the possession, use or sale of a dangerous drug as defined in section 13-3401 or a narcotic drug as defined in section 13-3401 or a violation of section 13-3411.

(d) The pupil's behavior is determined by the school district governing board or charter school governing body to qualify as aggravating circumstances and that all of the following apply:

(i) The pupil is engaged in persistent behavior that has been documented by the school and that prevents other pupils from learning or prevents the teacher from maintaining control of the classroom environment.

(ii) The pupil's ongoing behavior is unresponsive to targeted interventions as documented through an established intervention process that includes consultation with a school counselor, school psychologist or other mental health professional or social worker if available within the school district or charter school or through a state-sponsored program.

(iii) The pupil's parent or guardian was notified and consulted about the ongoing behavior.

(iv) Before a long-term suspension or expulsion, the school provides the pupil with a disability screening and the screening finds that the behavioral issues were not the result of a disability.

3. Failing to remove the pupil from the school building would create a safety threat that cannot otherwise reasonably be addressed or qualifies as aggravating circumstances as specified in paragraph 2 of this subsection.

4. Before suspending or expelling the pupil and on a case-by-case basis, the school district or charter school considers and, if feasible while maintaining the health and safety of others, in consultation with the pupil's parent or guardian to the extent possible, employs alternative behavioral and disciplinary interventions that are available to the school district or charter school, that are appropriate to the circumstances and that are considerate of health and safety. The school district or charter school shall document the alternative behavioral and disciplinary interventions it considers and employs.

5. The school district or charter school, by policy, provides for both:

(a) A readmission procedure for pupils who are in preschool programs, kindergarten programs, first grade, second grade, third grade and fourth grade and who have served at least five school days of a suspension from the school that exceeds ten school days to be considered for readmission on appeal of the pupil's parent or guardian.

(b) A readmission procedure for pupils who are in preschool programs, kindergarten programs, first grade, second grade, third grade and fourth grade and who are expelled from or subject to alternative reassignment at the school to be considered for readmission on appeal of the pupil's parent or guardian at least twenty school days after the effective date of the expulsion or alternative reassignment.

L. All cases of suspension shall be for good cause and shall be reported within five days to the governing board or governing body by the superintendent or the person imposing the suspension.

M. Rules pertaining to the discipline, alternative education reassignment, suspension and expulsion of pupils shall not be based on race, color, religion, sex, national origin or ancestry. If the department of education, the auditor general or the attorney general determines that a school district or charter school is substantially and deliberately not in compliance with this subsection and if the school district or charter school has failed to correct the deficiency within ninety days after receiving notice from the department of education, the superintendent of public instruction may withhold the monies the school district or charter school would otherwise be entitled to receive from the date of the determination of noncompliance until the department of education determines that the school district or charter school is in compliance with this subsection.

N. The principal of each school shall ensure that a copy of all rules pertaining to discipline, alternative education reassignment, suspension and expulsion of pupils is distributed to the parents and guardians of each pupil at the time the pupil is enrolled in school.

O. The principal of each school shall ensure that all rules pertaining to the discipline, alternative education reassignment, suspension and expulsion of pupils are communicated to students at the beginning of each school year, and to transfer students at the time of their enrollment in the school.

P. School districts may refer a pupil who has been subject to discipline, suspension or expulsion pursuant to this section to a career and college readiness program for at-risk students established pursuant to section 15-707.

Q. P. For the purposes of this section, "aggravating circumstances" means the pupil is engaged in persistent behavior that:

1. Has been documented by the school.

2. Prevents other students from learning or prevents the teacher from maintaining control of the classroom environment.

3. Is unresponsive to targeted interventions as documented through an established intervention process. END_STATUTE

Sec. 10. Section 15-844, Arizona Revised Statutes, is amended to read:

START_STATUTE15-844. Alternative education reassignment, suspension and expulsion proceedings for children with disabilities; screening

A. Notwithstanding sections 15-841, and 15-842 and 15-843, the alternative education reassignment, suspension or expulsion of children with disabilities, as defined in section 15-761, shall be in accordance with the individuals with disabilities education act (20 United States Code sections 1410 through 1485) and federal regulations issued pursuant to the individuals with disabilities education act.

B. Each school district and charter school shall develop procedures to request to initiate a screening for disabilities with parent or guardian consent within thirty days, pursuant to 20 United States Code section 1414, for any pupil who is enrolled in a preschool program, a kindergarten program, first grade, second grade, third grade or fourth grade and who has accumulated five or more days of missed school due to suspension or alternative education reassignment within one school year. END_STATUTE

Sec. 11. Section 15-871, Arizona Revised Statutes, is amended to read:

START_STATUTE15-871. Definitions

In this article, unless the context otherwise requires:

1. "Documentary proof" means written evidence that a pupil has been immunized or has laboratory evidence of immunity that conforms with the standards promulgated adopted pursuant to section 15-872.

2. "Dose" means the number in a series of immunizations that may be prescribed pursuant to section 36-672.

3. "Health agency" means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees.

4. "Homeless pupil" means a pupil who has a primary residence that is:

(a) A supervised publicly or privately operated shelter designed to provide temporary living accommodations.

(b) An institution that provides a temporary residence for individuals intended to be institutionalized.

(c) A public or private place not designed for, or ordinarily used as a regular sleeping accommodation for, human beings.

5. "Immunization" means the process of inoculation inoculating a person with a specific antigen to promote antibody formation in the person's body.

6. "Immunized" means the required initial immunization and boosters or reimmunization prescribed pursuant to section 36-672.

7. "Laboratory evidence of immunity" means written evidence of serologic confirmation of the presence of specific antibodies against an immunization-preventable disease that is signed by a physician or an authorized representative of a health agency.

8. "Local health department" means a local health department established pursuant to title 36, chapter 1, article 4.

9. "Physician" means a person who is licensed pursuant to title 32, chapter 13, 17 or 29 or a person who is licensed to practice allopathic or osteopathic medicine under the laws of another state or country.

10. "Pupil" means a person who is eligible to receive instruction at a school and includes pre-kindergarten age prekindergarten-age children receiving either services for children with disabilities or day care on a school campus that is otherwise exempt from day care rules pursuant to section 36-884.

11. "Registered nurse practitioner" has the same meaning prescribed in section 32-1601.

12. "School" means a public, private or parochial school that offers instruction at any level or grade through twelfth grade, except for day care facilities regulated pursuant to title 36, chapter 7.1.

13. "School administrator" means the principal or person having general daily control and supervision of the school or that person's designee.

14. "Suspension" or "suspended" means:

(a) For a pupil attending a public school, the temporary withdrawal of the privilege of attending pupil's right to attend school pursuant to section 15-843.

(b) For a pupil attending a private or parochial school, the temporary withdrawal of the privilege of attending school pursuant to the policies and procedures of the private or parochial school. END_STATUTE