Due Process for Arizona Student Discipline

What due process do students with discipline in Arizona get? Let’s first go over what I mean by student discipline.

Student Discipline

In this blog’s context and for the due process, I’m speaking about suspension, where a student is required to be off the school premises for a specific period of days. 

Usually, it’s ten days or lower, or if they’re suspended and inside the school premises, but just outside the school classroom. And then also expulsion. It means that generally, for one year, the student cannot come onto the school premises. We’re talking about suspension and expulsion.

Arizona School’s Student Policies Around Discipline

So, let’s talk about the due process around that.

The first step is the school’s student policies around discipline. So, schools, like I said, in a public or private school setting, are required by state law here in Arizona to establish policies for discipline.

They can define what would lead to a suspension or expulsion and the process within their school’s governing board. Once that happens, the school decides if the student is suspended or expelled.

Disciplinary Committee Due Process Hearing

The next level is at the school’s governing board.

They must have a disciplinary committee and hold a due process hearing if the parents want. They would give notice to the parents of the discipline and their rights. Then the school governing board or the committee would hold a hearing and the parent and student are welcome to join. They would discuss the discipline. If the school upholds the penalty, suspension, or expulsion, they must also notify the parent and inform the parent’s appeal rights.

At this level, the parent can use either file a complaint or ask for a due process hearing at the state level. So, this is with an administrative law judge who hears from both sides: the school, parent, and student. And then, they would make a binding decision if the discipline should be upheld or set aside.

Again, parents do have a lot of rights and say. So with discipline, parents have the right to fight this just because the school suspends or expels a student. I think that’s the biggest misconception parents have, and I have seen.

And that’s when I get involved. So, if you need an attorney, they can represent you at the school or school governing board level until a meeting with an administrative law judge for a hearing on this discipline.

Conclusion

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.

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.

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.

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.