Policy © 5-306 Student Discipline

Definitions

"Firearm" means a firearm as defined in 18 U.S.C. § 921.

"Threatened an educational institution" means to interfere with or disrupt an educational institution as defined in A.R.S. § 13-2911 by doing any of the following:

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

"Corporal punishment" means inflicting, or causing the infliction of, physical pain on a student as a means of discipline.

"Expulsion" means the permanent withdrawal of the privilege of attending a school, unless the Governing Board reinstates the privilege of attending the school.

"Suspension" means the temporary withdrawal of the privilege of attending a school for a specified period of time.

Student Discipline

1. Students shall behave responsibly and respectfully to achieve school success socially and academically, and comply with the rules, pursue the required course of study, and adhere to the authority of the teachers, the administrators, and the Governing Board.
2. Students shall be held strictly accountable for disorderly conduct on school property or that takes place to and from school.
3. A teacher may send a student to the principal's office to maintain effective discipline in the classroom. If a student is sent to the principal's office, the principal shall employ appropriate discipline management techniques that are consistent with rules adopted by the Board.

Teacher Removal of Students from the Classroom

1. A teacher may remove a student from the classroom if either of the following conditions exist:
   1. The teacher has documented that the student has repeatedly interfered with the teacher's ability to communicate effectively with the other students in the classroom or with the ability of the other students to learn; or
   2. The teacher has determined that the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the other students in the classroom or with the ability of the other students to learn.
2. Each school shall establish a placement review committee to determine the placement of a student if a teacher refuses to readmit the student to the teacher's class and to make recommendations to the Board regarding the readmission of expelled students.
3. The process for determining the placement of a student in a new class or replacement in the existing class shall not exceed three (3) work days after the date the student was first removed from the teacher's class.
4. The principal shall not return a student to the classroom from which the student was removed without the teacher's consent, unless the committee determines that the return of the student to that classroom is the best or only practicable alternative.
5. 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 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 student is a member of the committee, that teacher shall be excused from participating in the determination of the student's readmission, and the alternate teacher member shall replace that teacher on the committee until the conclusion of all matters relating to that student's readmission.

Suspension and Expulsion of Students

1. A student 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 A.R.S. § 13-105, use or possession of a gun, or excessive absenteeism.
2. A student may be expelled for excessive absenteeism only if the student has reached the age or completed the grade after which school attendance is not required as prescribed in A.R.S. § 15-802.
3. A student may be suspended or expelled for other conduct that is deemed a violation of District policies, regulations, or the student code of conduct.
4. A student shall be expelled from school for a period of at least one (1) year if the student is determined to have brought a firearm to a school within the jurisdiction of the school district, except that the school district may modify this expulsion requirement for a student on a case-by-case basis.
5. A student shall be expelled for at least one (1) year if the student is determined to have threatened an educational institution, except that the school district may modify this expulsion requirement for a student 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 student may be reassigned to an alternative education program if the student participates in mediation, community service, restitution, or other programs in which the student takes responsibility for the threat. The student's parent/legal guardian may be required to participate in mediation, community service, restitution, or other programs in which the parent/legal guardian takes responsibility with the student for the threat.
6. A student who cuts, defaces, or otherwise injures any school property may be suspended or expelled. On complaint of the Board, the parents/legal guardians of minors who have injured school property are liable for all damages caused by their children or wards.
7. A student may be suspended or expelled for excessive absenteeism pursuant to A.R.S. § 15-803. This provision shall not be applied to students who have completed the course requirements, or 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.
8. Students who have been found to have committed incidents of harassment, intimidation, or bullying may be disciplined up to and including suspension and expulsion. Students may also be disciplined for submitting false reports of incidents of harassment, intimidation, or bullying.
9. The suspension and expulsion of students shall not be based on real or perceived race, color, sexual orientation, gender expression or identity, national origin, or ancestry discrimination.
10. If a student withdraws from school after receiving notice of possible action concerning discipline, suspension, or expulsion, the District may continue with the action after the withdrawal and may record the results of such action in the student's permanent file.
11. The principal of each school shall ensure that a copy of all rules pertaining to discipline, suspension, and expulsion of students is distributed to the parent/legal guardian of each student at the time the student is enrolled in school or transfers into the school.

Suspension and Expulsion Hearings

1. The Board is statutorily authorized to discipline students and to suspend or expel students as it deems appropriate. The Board vests the Superintendent, or a person designated by the Superintendent, with the power to suspend students. In schools that do not have a Superintendent or principal, a teacher may suspend a student from school.
2. All hearings concerning the expulsion of a student will be conducted before a hearing officer selected from a list of hearing officers approved by the Board, unless the Board, in executive session, determines that the Board will conduct the expulsion hearing.
3. The District will give written notice at least five (5) working days before the hearing by the Board, or the hearing officer or officers designated by the Board, to all students subject to expulsion and their parent/legal guardian of the date, time, and place of the hearing. If the Board decides that the hearing is to be held in executive session, the written notice shall include a statement of the right of the parent/legal guardian, or an emancipated student who is subject to expulsion, to object to the Board's decision to have the hearing held in executive session. Objections shall be made in writing to the Board.

Student Defenses

1. In any suspension hearing in which the issue of self-defense, defense of others, or defense of property is raised by a student, the principal, hearing officer, or Board shall consider the defense raised and whether the physical force threatened or used by the student in the situation was justified as being the action of a reasonable person of similar age and experience.
2. Notwithstanding the above:
   1. Verbal provocation alone shall never be deemed to justify the threat or use of physical force;
   2. Students are never entitled to violate the District's weapons policy; and
   3. Excessive physical force or deadly physical force may never be used in defense of property.
3. If the principal, a hearing officer, or the Board determines the student justifiably acted in self-defense, in whole or part, the recommended discipline may be reduced, or it may be determined that no discipline shall be imposed.

Refusal to Admit Expelled Students

The District may refuse to admit any student who has been expelled from another educational institution or who is in the process of being expelled from another educational institution.

Alternative to Suspension Programs

1. As an alternative to suspension or expulsion, the District may reassign any student to an alternative education program.
2. The District may reassign a student to an alternative education program if the student refuses to comply with rules, refuses to pursue the required course of study, or refuses to submit to the authority of teachers, administrators, or the Board.
3. An alternative to suspension and expulsion program shall be developed in consultation with local law enforcement officials or school resource officers.
4. Students who would otherwise be subject to suspension and who meet the District's requirements for participation in the alternative to suspension program shall be transferred to a location on school premises that is isolated from other students or transferred to a location that is not on school premises.
5. The alternative to suspension programs shall hold students accountable for their actions by participating in restorative measures that allow students and community participation. This may include participation in the Alternative to Suspension Education Program, community service, volunteering, or other alternatives where students learn from their behavior.

Discipline, Suspension, and Expulsion of Students with Disabilities

School employees shall ensure that any discipline, suspension, or expulsion of students with disabilities complies with the provisions of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.

Criminal Activity

The principal or designee shall contact law enforcement if a student is suspected of committing a crime.

Corporal Punishment

The District does not permit the use of corporal punishment. 

Annual Reporting

The District shall annually report to the Arizona 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 Board authorizes the Superintendent to develop procedures for the suspension and expulsion of students consistent with this Policy, and state and federal law.

Adopted: June 27, 2023 Effective: July 1, 2023

(See Policy 5-306 Student Discipline)