JKD
STUDENT  SUSPENSION  AND  EXPULSION

(Suspension, Expulsion and Due Process Rights)

Student discipline is critical to the provision and implementation of public education.  The Governing Board is statutorily authorized to discipline students and to suspend or expel students as it deems appropriate.  The Governing Board vests the Superintendent or a person designated by the Superintendent with the power to suspend students.

The suspension and expulsion of pupils shall not be based on real or perceived race, color, sexual orientation, gender expression or identity, national origin, or ancestry discrimination.  A substantial or deliberate failure to comply with the prohibition against race, color, religion, sexual orientation, gender expression or identity, national origin, or ancestry may subject the District to the loss of funds.

A student whose conduct may warrant suspension or expulsion shall be provided with notice of the alleged misconduct and an opportunity to be heard.  The particular form of due process required shall depend upon the gravity of the situation and the type of discipline invoked.  Due process procedures shall be set forth in an administrative regulation.

All hearings concerning the expulsion of a pupil will be conducted before a hearing officer selected from a list of hearing officers approved by the Governing Board unless the Governing Board in executive session determines that the Governing Board will conduct the expulsion hearing.

If a student withdraws from school after receiving notice of possible action concerning discipline, suspension, or expulsion, the Governing Board may continue with the action after the withdrawal and may record the results of such action in the student's permanent file.

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 parents of each student at the time the student is enrolled in school.  Such rules shall be communicated to the students at the beginning of each school year and to transfer students at the time of their enrollment.

The provision of a free appropriate public education for students with disabilities under the Individuals With Disabilities Education Act, who are suspended or expelled from school, shall be in accordance with administrative regulation.

Adopted:  date of Manual adoption

LEGAL REF.: 
A.R.S. 
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