JKSTUDENT DISCIPLINE
JKThe Superintendent shall recommend policies and develop procedures for the discipline of students that comply with A.R.S. 15-843. These policies and procedures will apply to all students traveling to, attending, and returning from school, and while visiting another school or at a school-sanctioned activity, or in any other situation in which the District may lawfully exercise its authority to discipline a student. When suspension or expulsion is involved, notice, hearing, and appeal procedures shall conform to applicable legal requirements.
The discipline, suspension and expulsion of students shall not be based on race, color, religion, sex, disability, national origin, ancestry or any other unlawful reason. A substantial or deliberate failure to comply with the prohibition against race, color, religion, sex, disability, national origin, ancestry or any other unlawful reason may subject the District to the loss of funds imposed by A.R.S. 15-843.
Except in cases where a student is determined to have brought a firearm to school or as listed below in item F, a school district may out-of-school suspend or expel a student who is enrolled in kindergarten through fourth grade (K-4) only if all of the following apply:
A. The student is seven (7) years of age or older.
B. The student engaged in conduct on school grounds that meets one (1) of the following criteria:
1. Involves the possession of a dangerous weapon without authorization from the school.
2. Involves the possession, use or sale of a dangerous drug as defined in A.R.S. 13-3401 or a narcotic drug as defined in A.R.S. 13-3401 or a violation of A.R.S. 13-3411.
3. Immediately endangers the health or safety of others.
4. The student's behavior is determined by the School District Governing Board to qualify as aggravating circumstances and that all of the following apply:
a. The student is engaged in persistent behavior that has been documented by the school and that prevents other students from learning or prevents the teacher from maintaining control of the classroom environment.
b. The student’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 through a state sponsored program.
c. The student’s parent or guardian was notified and consulted about the ongoing behavior.
d. Before a long-term suspension or expulsion, the school provides the student with a disability screening and the screening finds that the behavioral issues were not the result of a disability.
C. Failing to remove the student from the school building would create a safety threat that cannot otherwise reasonably be addressed or qualifies as “aggravating circumstances.”
D. Before suspending or expelling the student, the School District considers and, if feasible while maintaining the health and safety of others, in consultation with the student’s parent or guardian to the extent possible, employs alternative behavioral and disciplinary interventions that are available to the School District, that are appropriate to the circumstances and that are considerate of health and safety. The School District shall document the alternative behavioral and disciplinary interventions it considers and employs.
E. The School District, by policy, provides for both:
1. A readmission procedure for students who are in kindergarten through fourth grade (K-4) and who have served at least five (5) school days of a suspension from the school that exceeds ten (10) school days to be considered for readmission on appeal of the student's parent or guardian.
2. A readmission procedure for students who are in kindergarten through fourth grade (K-4) and who are expelled from or subject to alternative reassignment at the school to be considered for readmission on appeal of the student's parent or guardian at least twenty (20) school days after the effective date of the expulsion or alternative reassignment.
F. A school may suspend a K-4 student for two (2) or fewer days but may not suspend the student for more than ten (10) aggregate days within any school year.
"Aggravating circumstances" means the pupil is engaged in persistent behavior that:
A. Has been documented by the school.
B. Prevents other students from learning or prevents the teacher from maintaining control of the classroom environment.
C. Is unresponsive to targeted interventions as documented through an established intervention process.
The principal of each school shall ensure that a copy of all rules pertaining to discipline, suspension, and expulsion of students are distributed to the parents of each student at the time the student is enrolled in school.
The principal of each school shall ensure that all rules pertaining to the discipline, 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.
Information concerning a student's disciplinary record will be held in the strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all types of suspensions or expulsions will be recorded in a separate file for each student.
Temporary Removal
Teachers are authorized to temporarily remove a student from a class. A teacher may temporarily remove a student to the principal, or to a person designated by the school administrator, in accord with:
A. Rules established for the referral of students.
B. The conditions of A.R.S. 15-841, when applicable.
The Superintendent shall establish such rules as are necessary to implement the temporary removal procedure.
Threatened an Educational Institution
Threatened an educational institution means to interfere with or disrupt an educational institution as found in A.R.S. 15-841 and 13-2911. A student who is determined to have threatened an educational institution shall be expelled from school for at least one (1) year except that the District may modify this expulsion requirement for a student on a case-by-case basis and may reassign a student subject to expulsion 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 results of the threat. The District may require the student's parent(s) to participate in mediation, community service, restitution or other programs with the student as a condition to the reassignment of the student to an alternative education program.
Training will be provided at least annually to staff members who regularly interact with students on the school campus. Training shall include the responsibilities of staff and the rights of students and parents under the policy.
Adopted: December 12, 2023
LEGAL REF.:
A.R.S.
13-403 et seq.
13-2911
13-3401
13-3411
15-105
15-341
15-342
15-841
15-842
15-843
15-844
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JKA - Corporal Punishment
JKD - Student Suspension
JKE - Expulsion of Students
JLDB - Restraint and Seclusion