ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: ED DPA 6-4-0-2

HB2792: student records; expulsions; disclosure requirements

Sponsor: Representative Blackman, LD 7

Caucus & COW

Overview

Mandates a school district or charter school disclose to another Arizona educational institution whether a pupil has been expelled from the school district or charter school.

History

A school district governing board (governing board) must prescribe rules for the discipline, suspension and expulsion of pupils. Statute requires, in all actions concerning expulsion, a governing board to: 1) be notified of the intended action; 2) decide whether to hold a hearing or have a hearing conducted before a hearing officer as prescribed; and 3) give written notice at least five working days before the hearing to all students subject to expulsion and their guardians of the date, time and place of the hearing.

A pupil may be expelled for: 1) continued open defiance of authority; 2) continued disruptive or disorderly behavior; 3) violent behavior that includes use or display of a dangerous instrument or deadly weapon; 4) use or possession of a gun; 5) excessive absenteeism; 6) injuring any school property; or 7) other actions as deemed appropriate. A school district or charter school must expel a pupil for at least one year if the student brought a firearm to a school or threatened an educational institution. A school may modify the expulsion requirement for a student under these circumstances on a case-by-case basis as specified.

A school district may refuse to admit any pupil who has been expelled, or is in the process of being expelled, from another educational institution. If a pupil withdraws from school after receiving notice of possible action concerning discipline, expulsion or suspension, the governing board may continue with the action after the withdrawal and record the results of the action in the student's permanent file (A.R.S. §§ 15-841, 15-842 and 15-843).

Within 10 school days after enrolling a transfer pupil from a private school or another school district, a school must request a certified copy of the student's record from the previous school. Any disclosure of educational records by a school district or charter school must comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) (A.R.S. § 15-828).

Provisions

1. Requires a school district or charter school to disclose, on request from another Arizona educational institution and consistent with FERPA, whether a pupil who is applying for admission to the educational institution has been expelled from the school district or charter school. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Education

1. Stipulates that if a pupil withdraws from school after receiving notice of possible action concerning discipline, expulsion or suspension and the governing board continues with the action after the withdrawal, the governing board is required, rather than allowed, to record the results of the action in the pupil's permanent file.

2. Requires a school district or charter school to expel, for at least one year, a pupil who is determined to have brought a deadly weapon to school.

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6. HB 2792

7. Initials CH/LN Page 0 Caucus & COW

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