Arizona Student Discipline Attorney | Defense Lawyers
As a parent, receiving a phone call regarding your child’s disciplinary issues in school is never easy.
Naturally, you’ll want to defend them and probably question the punishment selected by the school. In extreme cases, your child might be facing suspension or expulsion.
In the 2015-16 academic year, 13.9% of black and 10.4% of native students were suspended from schools in Arizona for disciplinary issues.
If your child is facing an investigation relating to disciplinary issues, an Arizona student defense lawyer can help. Experienced attorneys at Chelle Law can work with you to construct a formidable defense while fighting for your child to continue their education.
But first, here are some crucial aspects you should understand before contacting a student defense lawyer.
Can Teachers Remove Students from Classrooms in Arizona?
Generally speaking, teachers in Arizona have the legal authority to remove students from their classrooms.
However, this does not mean they can do so without consequences. According to state law, there are only four specific instances in which a teacher can remove a student from their classroom:
- The student poses a physical threat to themselves or others
- The student is disruptive and prevents others from learning
- The student is engaging in illegal activity
- The student has been suspended or expelled from school
How Can a Student Return to School Following a Removal?
You might wonder whether your child can return to school after being removed. The answer to this question largely depends on why the school removed the student in the first place.
If the student was removed because they posed a physical threat or committed illegal acts, they might not be allowed back on school property. In these cases, the student will likely be arrested and charged with a crime.
However, if the student was removed because they were disruptive or preventing others from learning, then they might be able to return to school after serving a suspension.
The length of the suspension will depend on the severity of the disruption and whether or not it’s the student’s first offense.
Due Process for Arizona Student Discipline
Students are not just expelled or suspended without any prior warning. The student is entitled to due process if a school decides to take such disciplinary action. They are entitled to a hearing before a tribunal to present their side and evidence supporting their innocence.
If the student is found guilty, they can appeal the decision. They can also request a meeting with the school board to discuss the situation. In such instances, it’s best to have an attorney who can help you navigate the complex legal process.
Arizona Student Due Process Hearings
As highlighted above, one must follow due process before disciplining the student. This process starts with a hearing before a tribunal, where students can present their side of the story.
As a parent, you must ensure that your child is well-prepared for this hearing. This part is where an attorney can help. They can review the evidence and help you prepare your child for what to expect.
It’s important to note that these hearings are not just for students who have been expelled or suspended. Any student facing disciplinary action has the right to a hearing. It includes students facing a transfer to another school or a loss of privileges.
What Happens When a Student in Arizona Gets Suspended?
If the school suspends your child, you must understand the process and what you can do to help them.
Generally speaking, there are two types of suspensions: short-term and long-term. Short-term suspensions usually last ten days or less, while long-term suspensions can last up to 45 days.
In either case, the student will be removed from their regular classes and placed in an alternative setting. It could be another classroom at the school or even a different school altogether. If your child is facing a long-term suspension, they might be eligible for homebound instruction. It is where a teacher comes to your home to provide education.
It’s important to note that suspensions are not a punishment. They are simply a way to remove the student from the classroom so that they can’t disrupt the learning environment. Therefore, the goal is for students to learn from their mistakes and return to school ready to succeed.
What Happens When a Student in Arizona Gets Expelled?
If your child is expelled, the school will permanently remove them. It means they will not be able to return to that school or any other public school in the state. There are a few exceptions to this rule.
If the student is expelled for a nonviolent misdeed, they might be able to attend an alternative school.
If expelled for a violent offense, they will only be able to participate in an alternative school if the court approves. It’s important to note that expulsion is a serious matter.
Therefore, it’s essential to have an attorney who can help you navigate the process and protect your child’s rights. You don’t want to risk your child’s future by handling this complex legal matter alone.
What Does Arizona Law Say About Teacher Authority for Punishment and Suspensions?
It’s important to note that teachers in Arizona have a great deal of authority regarding punishment and suspensions. They can suspend a student for up to 10 days without getting approval from the school administration.
However, if the suspension is for more than ten days, they must get approval from the school principal. The principal can also reverse the decision if they feel it’s not in the student’s best interest.
Usually, teachers, including the principal, must follow the due process outlined in state law. It means they must give the student a chance to explain their side of the story.
Chelle Law Attorneys Can Help
You should contact an attorney if your child’s rights have been violated. They can help you understand the law and protect your child’s rights. You must ensure that you correctly follow every step in the process so your child can succeed.
At Chelle Law, we have experience in handling student discipline cases. We know the law and how to protect your child’s rights. Contact us today to schedule a consultation. We will fight for your child and get them the best possible outcome.
Other Blogs of Interest
- Arizona Reporting of Teacher Criminal Convictions
- What is Abuse or Assault of a Student in Arizona? | Arizona Teacher Child Abuse
Arizona Student Bullying Attorney
Today, multiple issues affect students’ motivation when it comes to schooling. Bullying is one of the main challenges and is highlighted as a leading cause of school absenteeism. According to the Centers for Disease Control and Prevention statistics, 18.2% of Arizona high school students were bullied in 2019.
From the above data, it’s clear that Grand Canyon State is struggling to keep its students safe. Everything is made worse by the Biennial Youth Risk Behavior Surveillance System, which indicates that 13.4% of Arizona youths were cyberbullying victims in 2019. The most unfortunate aspect is that such bullying happened on the school property.
What is Bullying?
The National Bullying Prevention Center defines bullying as “unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.”
This definition implies that for an incident to be considered bullying, there should be an intention to harm someone. The bully must also have some form of power over the victim, which they use to repeat the aggressive behavior.
What If My Child is Being Bullied at School in Arizona?
As highlighted above, School bullying can negatively impact a child’s life. You should take immediate action if you believe someone’s bullying them. Some of the things you can do to help them include:
Encourage them to Speak-Up
If your child is getting bullied, you should encourage and advise them to speak up. It will help them get the support they need to deal with the situation. It would be best if you also told them that it’s not their fault and you are there for them.
Report The Incident to The School
Once you’re sure your child is experiencing bullying, especially if they acquire injuries, report the incident to the school. In Arizona, the law requires schools to have policies to deal with bullying. The school should also notify you of the steps to address the issue.
Speak To an Arizona Bullying Attorney
You can also speak or seek advice from an experienced Arizona bullying attorney. They will help you understand your options and take the necessary legal action. Speaking with an attorney should be your last resort, as it may escalate the situation.
What Are the Different Types of Bullying in Arizona?
You might have a perception that only physical bullying takes place in schools. However, there are different types of bullying, and each one is just as harmful as the other. Understanding the different types of bullying will enable you to devise the most appropriate solution.
The main types of bullying include:
1. Physical Bullying
Physical bullying is the most common type of bullying. It can range from hitting and kicking to spitting and pushing, which causes possible injury. Yes, these types of harassment commonly happen. Also, this violence can involve the destruction of property. It’s common for students who bully others into taking their victim’s belongings and damaging them.
2. Verbal Bullying
Verbal bullying, also known as social bullying, is characterized by using hurtful words. It can involve name-calling, making fun of someone, spreading rumors, and teasing. Students who engage in this type of bullying often do so to make themselves feel better.
Cyberbullying has increased in recent years due to the rise of social media and other online platforms. It involves the use of technology to bully someone. It can include sending mean texts or emails, posting hurtful comments online, and spreading rumors through social media.
4. Social Bullying
Also known as relational bullying, social bullying involves hurting someone’s reputation or social status. It can include leaving someone out on purpose, rumor-mongering, and gossiping. The goal of social bullying is to make the victim feel isolated and alone.
Arizona Anti-Bullying Required School Policies
Arizona recognizes the seriousness of bullying and has established laws to address the problem.
The first law was enacted in 2006, requiring all schools to have policies to deal with bullying. The second law was enacted in 2009 and expanded the definition of bullying to include cyberbullying. It also required schools to report bullying incidents to the Arizona Department of Education.
The 2009 law also created the Office of Safe and Drug-Free Schools within the Arizona Department of Education. The office is responsible for providing school support and resources on bullying prevention. It also investigates complaints of bullying and enforces the state’s anti-bullying laws.
How to Report Bullying at an Arizona School?
If you believe your child is being bullied at school, especially if it caused any injury, you should report the incident to the school immediately. You can speak to a teacher, administrator, or counselor. You can also submit a written complaint to the school.
The school will then investigate the incident and take the necessary disciplinary action. The corrective action will depend on the severity of the bullying and the school’s policy and can range from a warning to expulsion from the school. In some instances, the police may also get involved.
Arizona Cyberbullying Student Protections
In Arizona, cyberbullying is considered a form of bullying and is punishable under state law. The 2009 anti-bullying law expanded the definition of bullying to include cyberbullying. It also requires schools to report bullying incidents to the Arizona Department of Education. This approach has effectively reduced the incidence of cyberbullying in Arizona schools.
However, students are encouraged to remain vigilant and report any cyberbullying incidents to the school. The school will then investigate the incident and take the necessary disciplinary action. There’s no doubt that incidents of cyberbullying have accelerated in recent years. It is due to the rise of social media and other online platforms. Students need to be aware of the dangers of cyberbullying and how to report it.
Contact Arizona Student Bullying Attorney Today for Assistance
As you can see, student bullying is a severe problem in Arizona schools. If your child has been the victim of bullying, you should contact an experienced student bullying attorney today. The attorney will review your case and advise you of your legal options. A lawyer can also help you file a complaint with the school and the Arizona Department of Education.
At Chelle Law, we have successfully represented many students who have been the victims of bullying. We will aggressively fight for your child’s rights and ensure they receive the justice they deserve.
Contact us today to schedule a consultation.
Arizona Student Defense Attorney | Protecting Student’s Rights
At just 8.1%, Asian Americans saw the lowest admission rate of any racial group into Harvard between 1995 and 2013. This fact, among others, has encouraged some Asian-American students to file a lawsuit against the University, alleging racial bias in their admissions practices.
They first brought the case in 2018, and Federal District Court Judge Allison D. Burroughs ruled in Harvard’s favor in October 2019. In 2020, the First Circuit Court of Appeals upheld the original decision. However, in January 2022, the US Supreme Court agreed to hear the case.
The students, in this case, are exercising their right to an attorney. In their particular case, the students are the plaintiff, and Harvard University is the defendant. However, one may also reverse the roles, and a student may require a defense attorney.
Today, we will examine why a student in Arizona may require a defense attorney and what Chelle Law can do about helping to get them that representation.
Cyberbullying: How a Defense Attorney Can Help
Bullying is seen in increasingly harsh light in the school system these days. Not only is in-person bullying a potential problem among students in a school system, but it is also necessary to be aware that cyberbullying is also a severe issue.
Cyberbullying is an extensive category of bullying that can include many different actions. Stopbullying.gov defines what cyberbullying looks like:
Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else, causing embarrassment or humiliation.
This definition is broad and lengthy, but it doesn’t necessarily mean that the state law covers all aspects of bullying detailed within. Each state has varying definitions of cyberbullying from a legal perspective, and what qualifies in one state may not be in another. Add to that that people can misunderstand certain actions, and you can see how someone may wrongfully accuse a student of criminal cyberbullying.
Fortunately, attorneys at Chelle Law have extensive training and experience in combatting cyberbullying claims in court. Our team knows the laws in Arizona, and we will put up a fierce defense for our clients.
No student deserves to have their reputation tarnished by false accusations lobbed at them by another. We work diligently to put a stop to this immediately.
Physical Attack: Protecting Against Criminal Charges
There is no question that teachers face a tough job. However, it’s also the case that many students in our schools today go through many challenging issues at home. We mustn’t breeze past this; it is always best when those students can receive the help they need before problems spill over into the classroom. That said, students accused of physically attacking a teacher or other school employee need to get a defense attorney immediately.
Last year, the Arizona legislature revised a statute in the law on a physical attack on a teacher or school employee. They changed the law to treat such an attack as a Class 3 misdemeanor.
Thus, a student could receive charges that land them in juvenile detention. Worse, depending on their age at the time of the offense, this event could have a lasting impact on their ability to find work and function normally in the world. It is a severe matter that people need to treat as such.
Our team of seasoned lawyers can provide the criminal defense that a student may require if someone accuses them of a crime against a teacher. They must receive the legal protection needed to keep themselves safe from the consequences that could befall them if convicted of this charge. Putting up a spirited defense against a serious charge is imperative.
General Criminal Charges
Students may receive charges for any crime other Arizonians can also be charged with. Data from college campuses shows an average of 18.7 crimes per 10,000 full-time students. It is a significantly high number that one should pay attention to.
Some of the most common charges against college students include the following:
- Burglary (32%)
- Rape (24%)
- Fondling (20%)
- Motor Vehicle Theft (7%)
- Aggravated Assault (7%)
Every one of these charges is serious, and it is necessary to defend against them if accused of these behaviors. One should take these matters extremely seriously, and those who face charges like this need to take action immediately to reduce the harm level.
The attorneys at Chelle Law can help guide you in the steps you should take to minimize the damage.
Whenever anyone faces a legal matter far beyond their ability to handle on their own, it is time to look at the possibility of hiring a lawyer to help with these matters. The stakes are too high to leave anything to chance.
The attorneys with Chelle Law have plenty of experience in dealing with legal issues that may arise in a student’s case. No matter the case’s specifics, things will be better under the guidance of trained professionals who know what to do. We provide that service.
Are you worried about the circumstances that you find yourself in now? If so, don’t hesitate to contact us to set up a free consultation. Our team will sit with you and discuss your options moving forward.
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