How Can an Arizona Student Return to School After a Removal? | Students Education
How can a student return to an Arizona classroom after being removed?
I will go through some scenarios where a teacher would remove a student and how the student can re-enter the classroom.
Scenarios Where a Student Would be Removed from the Classroom
So, in a previous blog, I discussed how a teacher could remove a child from the classroom; when the teacher asks the child to go to the principal’s office.
Student’s Disruptive Behavior
Suppose the student’s behavior substantially affects other students’ ability to learn. In that case, the teacher may ask the student to go to the principal’s office, where they may receive a discipline that complies with the state’s guidelines. In that case, if the student is only going to the office,they can come back to the classroom after being removed that way.
Once their behavior has changed, they’re calm, ready to learn, and not going to be disruptive anymore; they can be escorted back to the classroom and proceed.
And then any discipline, as I said, can be handed down from either the teacher or the principal, depending on the school’s policy. But if they’re just in the office, calm, and not disruptive anymore, that behavior has stopped, and they’re aware of that, then the child could likely come back into the classroom.
So, that’s the first scenario. They’re just removed and brought to the principal’s office.
The next one would be suspension. Suspension means the student cannot come to the school premises for a specific period. It usually’s shorter than ten days. And they can come back to the classroom when the end of that suspension is over.
Or there are options for due process hearings surrounding discipline with the school governing board. If a parent requests one of those, if the school board decides that the suspension was inappropriate, the student can enter before the actual time of the suspension is up, or at the end of it, the student would re-enter the classroom. So, that’s the second scenario.
And then the third one is expulsion.
Expulsion means the student may not be allowed on school premises for at least a year or the rest of the school year.
They’re done, not able to come back. In this case, it’s serious. The school would likely hold a due process student discipline hearing before the school’s governing board, and they would make that choice.
If the student is rising to the level of expulsion, the behavior must be egregious. In that case, though, a student could still enter the classroom if, at that time, during the due process disciplinary hearing with the school’s governing board, they decide that this is not appropriate. The student may re-enter the classroom.
If the teacher consents, they may also enter the classroom. And there’s also usually a disciplinary committee that would make these choices.
Schools Policy on Expulsion and Discipline
And then I’m saying all of this. There’s also likely a school policy that addresses expulsion and discipline.
There may be additional options for parents and students to ask the school to reconsider so the student may enter the classroom. If all of that, the due process hearing, the school still upholds the expulsion, then yearly or at the reasonable request of a parent, they can hold another hearing with the disciplinary committee and the governing board for the school district.
And at that time, if they see and feel comfortable and the student and parent can show that the child has changed and they’re ready to re-enter the classroom, they can also re-enter. Again, removal to the principal’s office, suspension, or expulsion—there are ways for the child to be re-entered back into the classroom.
These can be very stressful times for parents, and it can be scary for students, so please reach out to us.
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.
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
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 Students 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 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.
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