Can Teachers Remove Students from Classrooms in Arizona?

Can a teacher remove a student from the classroom?

The answer to this is yes, if certain conditions are met. I will go through those. But first, I just want to clarify that when I say “a teacher can/may remove a student,” I don’t mean physically remove. That would be considered a restraint or an escort. That’s not what we’re talking about.

So, if a child is removed from the classroom in this blog, in this context, it just means that the teacher is sending the student to the principal’s office, saying that they can no longer remain in the general education classroom.

Teachers Removing Students from Classrooms in the State of Arizona

Can that happen here in the state of Arizona?

The answer is yes, as outlined in Arizona’s state law. A teacher may do this like I said, if one of two conditions are met.

Conditions that Must be Met

The first one is that the teacher has documented multiple times when a student has been so disruptive that it has affected the teacher’s ability to communicate with a class or the other students in the class to learn effectively. 

If this happens, say this is more over a length of time, repeated disruptive behavior, and the teacher has documented it in the classroom. The teacher can ask the student to leave and go to the principal’s office, and the principal would take over from there. They would follow the school district’s guidelines for discipline, depending on what type of behavior ensued inside the classroom that led up to that disruption.

The second condition is if the student’s behavior is so unruly, so disruptive that the teacher—to communicate to students for them to learn effectively—must remove the student because it substantially impairs both the teacher’s ability to teach and the student’s ability to learn. So, this must be more of one incident, but it’s extreme. 

It must rise to the level that the teacher cannot communicate with the class anymore—the students cannot learn, all this behavior is going on, it’s so disruptive, and it’s disrupting everybody in the class. If that happens, the teacher may remove the student through Arizona state law. 

Again, when I say remove, I do not mean physically. I mean by instructing the student to go to the principal’s office. Therefore, they will no longer be in that environment.

Again, two conditions. And the student can meet either one of them. It can be a period over time, the same disruptive behavior, or it rises to such a level that it substantially impairs the teacher’s communication or the student’s ability to learn. 

And, as I said, once the teacher sends the student to the principal’s office, any of the school’s behavior or discipline policies would kick in. But yes, a teacher can remove a student. They absolutely can if one or one of those conditions is met.

Teachers’ Legal Authority

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.

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 has the best chance of success.

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.