JKDSTUDENT SUSPENSION
JKDA student may be removed from school via an in or out of school suspension for the violations of the student code of conduct. The procedures outlined here include provisions for the use of in-school and out-of-school suspension.
A student may be removed from contact with other students as a temporary measure.
The authority to suspend a student for up to ten (10) days, after an informal hearing is held, rests with the Superintendent, principal, or other school officials granted this power by the Governing Board of the School District. If a danger to students or staff members is present, the Superintendent may immediately remove the student from school, with prior contact with the parents and with a notice and hearing following as soon as practicable. Each suspension shall be reported to the Governing Board, within five (5) days, by the person imposing it. [A.R.S. 15-843]
In all cases, except summary suspension where a clear and present danger is evident, the student shall remain in school until applicable due process procedures are instituted. In no instance shall students be released early from school unless parents have been notified.
Suspension of pupils in a kindergarten program and grades one (1) through four (4) must comply with A.R.S. 15-843(K), as follows:
Unless otherwise permitted by law, a school district may out-of-school suspend or expel a pupil who is enrolled in kindergarten through fourth grade (K-4) only if all of the following apply:
A. The pupil is seven (7) years of age or older.
B. The pupil 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 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:
a. 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.
b. 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.
c. The pupil’s parent or guardian was notified and consulted about the ongoing behavior.
d. 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.
C. 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.”
D. Before suspending or expelling the pupil, the District shall consider and, if feasible while maintaining the health and safety of others, in consultation with the pupil’s parent or guardian to the extent possible, employ alternative behavioral and disciplinary interventions that are available to the District that are appropriate to the circumstances and that are considerate of health and safety. The District or shall document the alternative behavioral and disciplinary interventions it considers and employs.
E. The District, by policy, provides for both:
1. A readmission procedure for pupils 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 pupil's parent or guardian.
2. A readmission procedure for pupils 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 pupil's parent or guardian at least twenty (20) school days after the effective date of the expulsion or alternative reassignment.
"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 Superintendent may designate a hearing officer for any suspension hearings required by policy or statute.
In-School Suspension
A. In-School Suspension includes:
1. Temporary removal of a student from his/her/their classroom and placement into an in-school suspension room or another general education classroom for a pre-determined period.
2. Students will continue with their academic studies to the greatest extent possible.
3. Students will continue to access their curriculum and will be provided the resources and materials from the school site in order to do so.
B. In-School Suspension is not the use of a voluntary behavior management technique, including a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program that involves the student's separation from a larger group for purposes of calming.
C. The Superintendent shall empower building administrators with the rights to assign in -School Suspension in accordance with the following procedures;
1. Step 1: A Conference during which the violation9s) will be explained and evidence presented, and the student will be given an opportunity to respond before they may be placed into in-school suspended.
2. Step 2: Students are placed into in school suspension in which they are continually supervised by school personnel.
3. Step 3: Students are given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit.
D. For student who qualify for special education services, as English language learners, or who have a Section 504 accommodation plan:
1. No student may be denied access to specially designed instruction or support as a function of in-school suspension.
2. Because students continue access to grade level curriculum, specially designed instruction, and structured access to peers with and without disabilities, ISS does not count toward a special education student's or Section 504 student's ten (10) days of suspension prior to a need for a manifestation determination review.
Out-of-School Suspension; Short Term (1-10 days):
A. Step 1: The student will receive notice, written or oral, of the reason for suspension and the evidence the school authorities have of the alleged misconduct.
1. After having received notice, the student will be asked for an explanation of the situation.
2. Authorized District personnel shall make reasonable efforts to verify facts and statements prior to making a judgment.
B. Step 2: Following Step 1:
1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
a. Suspend the student for up to ten (10) days.
b. Choose other disciplinary alternatives.
c. Exonerate the student.
d. Suspend the student for ten (10) days pending a recommendation that the student be given a long-term suspension or expulsion or both.
2. When an out of school suspension is involved:
a. A parent must be notified before the student is dismissed to leave campus. If no parent contact can be made, the student may be isolated until dismissal time and then given a written message to the parents.
b. A letter to the parents will be written within a reasonable time to explain the terms (including the possibility that a long-term suspension and/or expulsion is being recommended) and reasons for the suspension and to request a meeting to solicit their help.
c. If it is determined that an out-of-school suspension is to exceed 3 school days, principal must first seek approval from Superintendent or designee.
3. No appeal is available from a short-term suspension.
C. Out-of-school suspension is temporary removal/exclusion from school and peers for predetermined period contingent upon a severe code of conduct violation that threatens the safety or violates the rights of others.
D. When a student is suspended from school, the student has a right to continue to access and complete regular academic work throughout the suspension. No school policy shall prohibit a student who has been suspended from school from completing academic work during the suspension time and earning credit towards promotion.
E. It is the school's responsibility to ensure the student gets all the assignments for the length of time the student is not in class.
F. In the event the school cannot get academic work to the student, it should document those reasons and provide them to the student, the student's parent/guardian, the student's advocate and/or legal counsel, and should assist the student in making up the work after they return from suspension.
G. The Superintendent shall empower building administrators with the rights to assign Out of School Suspension in accordance with the following procedures:
1. A conference during which the violations will be explained, and the student will be given an opportunity to respond before he or she may be suspended. The authorized district personnel shall make reasonable efforts to verify facts and statements prior to making a judgement.
2. School officials will make every effort to hold a pre-suspension conference; however, if a conference is not possible, school officials will document (3) attempts to contact the parent/guardian and include those attempts in the subsequent documentation.
3. School officials will provide a written notice of suspension which will include:
a. Provide notice to the parent(s)/guardian(s) of their child's right to a review of the suspension;
b. Include information about an opportunity to make up work missed during the suspension for equivalent academic credit;
c. Detail the act resulting in the decision to suspend;
d. Provide rationale or an explanation of how the chosen number of suspension days will address the threat or disruption posed by the student; and
e. Depending upon the length of the out-of-school suspension, include the following applicable information:
i. For a suspension of zero through three (0-3) school days or less, an explanation
that the student's continuing presence in school would either pose:
aa. Threat to school safety, or
bb. A disruption to other students' learning opportunities.
ii. For a suspension of four through ten (4-10) consecutive school days, an explanation:
aa. That other appropriate and available behavioral and disciplinary interventions have been exhausted;
bb. As to whether school officials attempted other interventions or determined that no other interventions
were available for the student, and that the student's continuing presence in school would either:
Pose a threat to the safety of other students, staff, or members of the school community, or
Substantially disrupt, impede, or interfere with the operation of the school.
f. A summary of the notice, including the reason for the suspension and the suspension length, must be provided upon request to the Superintendent or designee.
g. Students will continue to access their curriculum and will be provided the resources and materials from the school site in order to do so.
A long-term suspension (any suspension over ten [10] days) removes a student from access to free and appropriate public education for more than ten (10) cumulative days and up to the remainder of the academic school year.
The Superintendent or designee shall implement Long-Term Suspension procedures that provide, at a minimum, for the following:
A. Before a student may be suspended long term, the student and his or her parent(s)/guardian(s) shall be provided a written request to appear at a hearing to determine whether the student should be suspended for ten (10) or more days. The request shall be sent by registered or certified mail, return receipt request. The request shall:
1. Include the time, date, and place for the hearing.
2. Briefly describe what will happen during the hearing.
3. Detail the specific act(s) resulting in the decision to recommend suspension for ten (10) or more days.
4. List the student's prior suspension(s).
5. State that the school district policy allows the Governing Board to suspend a student for ten (10) or more days, as determined on a case-by-case basis.
6. Ask that the student or parent(s)/guardian(s) or attorney inform the Superintendent or Board Attorney if the student will be represented by an attorney and, if so, the attorney's name and contact information.
7. For students with disabilities, documentation of a prior manifestation determination review meeting with an outcome determining the act(s) were not a result of the disability [see section below on additional requirements for students with disabilities].
B. Unless the student and parent(s)/guardian(s) indicate that they do not want a hearing or fail to appear at the designated time and place, the hearing will proceed. It shall be conducted by the Board or a hearing officer appointed by it. If a hearing officer is appointed, the hearing officer shall report evidence, findings, decisions and recommendations to the Board.
C. Either the hearing must be recorded on digital or tape media or an official record must be kept in some other appropriate manner. In addition, parents are to be allowed to audio record the hearing at their own expense.
D. During the long-term suspension hearing, the Board or hearing officer shall hear evidence concerning whether the student is responsible for the gross disobedience or misconduct leading to the recommendation for long-term suspension.
E. School officials must provide: 1) information by written documentation or verbally of any other interventions attempted an exhausted or of their determination that no other appropriate interventions were available for the student, and 2) evidence of the threat or disruption posed by the student and its gravity/severity.
F. The student and parent(s)/guardian(s) may be represented by counsel/advocate, offer information verbally or via written documentation, present witnesses on behalf of the student, ask questions of district witnesses, and otherwise present reasons why the student should not be suspended for a long term.
G. The decision and appeal procedure, if applicable, upon the conclusion of the hearing will be as follows:
1. Upon the conclusion of a hearing by a hearing officer in which a decision of long-term suspension is made, the decision may be appealed to the Board. To arrange such an appeal, the parent(s) of the suspended student or the student must deliver to the Superintendent a letter directed to the Board within five (5) days after receiving written notice of the long-term suspension. The letter must describe in detail any objections to the hearing or the decision rendered.
2. The appeal to the Board will be on the record of the hearing held by the hearing officer. If the Board determines that the student was not afforded due process rights or that this policy was not followed in all substantive respects, the student shall be given another hearing. If the Board determines that the punishment was not reasonable, they may modify the punishment.
3. The decision of the Governing Board is final.
H. If the Board acts to suspend the student for more than 10 days, its written decision shall:
1. Detail the specific reason why removing the student from his or her learning environment is in the best interest of the school.
2. Provide a rationale for the specific duration of the recommended long-term suspension.
3. Document how school officials determined that all behavioral and disciplinary interventions have been exhausted by specifying which interventions were attempted or whether school officials determined that no other appropriate and available interventions existed for the student.
4. Document how the student's continuing presence in school would (1) pose a threat to the safety of other students, staff, or members of the school community, or (2) substantially disrupt, impede, or interfere with the operation of the school.
Students in Special Education
Additional Requirements for Students with Special Education Services and Section 504 Eligible Students Recommended of ten (10) or More Days of Out of School Suspension:
If a student in special education or with a Section 504 plan is recommended for a suspension totaling more than ten (10) days during the school year (a possible change in placement), a manifestation determination review conference must be held.
A. A recommended suspension of a student in special education for more than ten (10) consecutive days, or a series of suspensions totaling more than ten (10) days, may constitute a change of placement and shall require a manifestation determination review conference before the 10th day. Such a conference shall be for the purpose of determining whether or not the offense is a manifestation of the student's disability.
B. If the Manifestation Determination Review team determines offense is not a manifestation of the disability of the student, the student may be suspended by following the District policies for students in general, provided that educational services are continued during the period of disciplinary removal for a student with a disability qualified under the Individuals with Disabilities Education Act (IDEA). A student with a disability qualified for educational services under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, and not qualified under IDEA, may be suspended or expelled from school, and educational services may be ceased, if nondisabled students in similar circumstances do not continue to receive educational services.
C. If the behaviors are a manifestation of the disability of the student, the District may not extend the suspension of the student beyond the initial ten (10) school days.
D. An exception to the above allows for an IDEA qualified student to be given a change in placement to an interim alternative educational setting for not more than forty-five (45) days, in accord with federal law and regulation, if the removal is for IDEA defined drug or weapons offenses or is based upon a due process hearing officer's determination that injury to the child or another is substantially likely if current placement is maintained.
E. Any interim alternative educational setting must be selected to enable the child to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP; and include services and modifications which are designed to prevent the behaviors for which the placement was made from recurring. (Caution: refer to IDEA statutes and regulations before implementing the exception.)
Alternative to Suspension
Students meeting the following requirements may participate in an alternative to suspension program described below at the determination of the Superintendent:
A. Suspension from school has been determined as the punishment for an offense and any appeal has been denied.
B. The immediate suspension was not due to:
1. Fighting or engaging in violent behavior
2. Threatening an educational institution
3. Selling, using or possessing weapons, firearms, explosives, or dangerous instruments/materials
4. Making a bomb threat
5. Engaging in arson
C. The student has not served more than one (1) short-term suspension or alternative to suspension of ten (10) days or less during the current academic year.
D. The student has admitted to or taken responsibility for the act upon which suspension was imposed in a written statement signed by the student and attested to by the student's parent or guardian.
E. The student and parent or guardian has received a written notice that failure in the conditions required for interim educational placement and/or additional violations of the student code of conduct will mean the student will complete the remainder of the suspension out of school as originally assigned. (Note: Follow appropriate dismissal procedures.)
F. Parent(s) or guardian(s) shall agree to participate by:
1. Ensuring daily attendance/participation in the program.
2. Establishing and monitoring in consultation with the school a supervisory routine
3. Limiting the student's contact to that which is necessary with other students and friends during the program.
Procedures and Conditions for
Readmission of Students Suspended
for More Than Five Days
Early readmission procedures
The Superintendent may authorize early readmission of a student suspended for more than five (5) days. The following conditions must be met:
A. A written request must be submitted to the Superintendent on behalf of the student by the student's parent or guardian asking for readmission and requesting a meeting to determine any requirements.
B. Accompanying the written request shall be a summary of the student's activities and accomplishments during the suspension period written and signed by the student and signed and attested to by the parent or guardian. (Parents/guardians of elementary grade students may prepare the summary.)
C. At the time of the meeting to review the request the student may be required to explain the incident or incidents leading up to the suspension.
D. The determination to allow readmission may be based on, but not limited to, the following elements:
1. The age of the student.
2. The frequency, type, and relative magnitude of previous misbehavior by the student.
3. The relative severity of the event(s).
4. Whether the student's behavior violated civil or criminal laws.
5. The degree to which the incident(s) interfered with the educational process.
6. The extent to which the event created endangerment to the student, others or property.
7. Special intellectual, psychological, emotional, environmental and physical characteristics of the student.
8. The student's attitude concerning the event(s).
9. The expressed intent concerning the student's future behavior.
E. Should early readmission be granted, the student, with parent or guardian affirmation, shall agree to the following conditions:
1. Regular attendance—no unexcused absences.
2. No violation of school rules or policies.
3. Attendance at after school events for the remaining term of suspension only with prior approval of the administration.
4. Completion of all class tasks in timely fashion, as directed.
5. Student will receive supervision before and after school by parental arrangement, travel directly to school and from school, and report immediately to a supervisor for the balance of the term of the suspension.
F. The student and parent or guardian shall receive a written admonition that failure in the conditions required for early readmission will mean summary imposition of the remainder of the suspension, and additional punishment if indicated by the disciplinary policies and procedures of the District.
Adopted: February 10, 2022
LEGAL REF.:
A.R.S.
13-3401
13-3411
15-342
15-766
15-767
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JK - Student Discipline
JR - Student Records