ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2218: public schools; student discipline; absenteeism

Sponsor: Representative Terech, LD 4

Committee on Education

Overview

Prohibits a charter school or school district from suspending a student for absenteeism.

History

A school district governing board (governing board), in consultation with teachers and parents, must prescribe rules for the discipline, suspension and expulsion of students that are consistent with a student's constitutional rights. These rules must include: 1) penalties for excessive absenteeism (including failure in a subject, failure to pass a grade, suspension or expulsion); 2) a notice and hearing procedure for suspensions exceeding 10 days; 3) procedures and conditions for readmitting a student who has been suspended or expelled for more than 10 days; and 4) procedures to appeal the suspension of a student exceeding 10 days if the suspension decision was not made by the governing board. All cases of suspension must be for good cause and reported to the governing board within five days (A.R.S. § 15-843).

It is unlawful for any child between the ages of 6 and 16 to fail to attend school during school hours unless the child meets outlined statutory criteria. Absences may be considered excessive when the number of absent days (including excused and unexcused absences) exceeds 10% of the number of required attendance days (A.R.S. §§ 15-802, 15-803). Arizona Department of Education (ADE) guidelines note that excused absences due to out-of-school suspensions must not exceed 10% of the instructional days scheduled for the school year (ADE School Finance Manual).

Provisions

1. Prohibits a charter school from including suspension as a penalty for a student's unexcused absence or absences. (Sec. 1)

2. Prohibits a governing board from including suspension as a penalty for excessive student absenteeism and specifies suspension may not be solely based on a student's absenteeism. (Sec. 2)

3. Makes technical changes. (Sec. 2)

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7. HB 2218

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