HB2642 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-843, Arizona Revised Statutes, is amended to read:

START_STATUTE15-843. Pupil disciplinary proceedings

A. An action concerning discipline, suspension or expulsion of a pupil is not subject to title 38, chapter 3, article 3.1, except that the governing board of a school district shall post regular notice and shall take minutes of any hearing held by the governing board concerning the discipline, suspension or expulsion of a pupil.

B. The governing board of any school district, in consultation with the teachers and parents of the school district, shall prescribe rules for the discipline, suspension and expulsion of pupils. The rules shall be consistent with the constitutional rights of pupils and shall include at least the following:

1. Penalties for excessive pupil absenteeism pursuant to section 15‑803, including failure in a subject, failure to pass a grade, suspension or expulsion.

2. Procedures for the use of corporal punishment if allowed by the governing board.

3. Procedures for the reasonable use of physical force by certificated or classified personnel in self‑defense, defense of others and defense of property.

4. Procedures for dealing with pupils who have committed or who are believed to have committed a crime.

5. A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten days.

6. Procedures and conditions for readmission of a pupil who has been expelled or suspended for more than ten days.

7. Procedures for appeal to the governing board of the suspension of a pupil for more than ten days, if the decision to suspend the pupil was not made by the governing board.

8. Procedures for appeal of the recommendation of the hearing officer or officers designated by the board as provided in subsection F of this section at the time the board considers the recommendation.

9. Beginning in school year 2013‑2014, Disciplinary policies for the confinement of pupils Left alone in an enclosed space adopted pursuant to section 15‑843.01. These policies shall include the following:

(a) A process for prior written parental notification that confinement may be used for disciplinary purposes that is included in the pupil's enrollment packet or admission form.

(b) A process for prior written parental consent before confinement is allowed for any pupil in the school district. The policies shall provide for an exemption to prior written parental consent if a school principal or teacher determines that the pupil poses imminent physical harm to self or others. The school principal or teacher shall make reasonable attempts to notify the pupil's parent or guardian in writing by the end of the same day that confinement was used.

C. Penalties adopted pursuant to subsection B, paragraph 1 of this section for excessive absenteeism shall not be applied to pupils who have completed the course requirements and whose absence from school is due solely to illness, disease or accident as certified by a person who is licensed pursuant to title 32, chapter 7, 13, 15 or 17.

D. The governing board shall:

1. Support and assist teachers in the implementation and enforcement of the rules prescribed pursuant to subsection B of this section.

2. Develop procedures allowing teachers and principals to recommend the suspension or expulsion of pupils.

3. Develop procedures allowing teachers and principals to temporarily remove disruptive pupils from a class.

4. Delegate to the principal the authority to remove a disruptive pupil from the classroom.

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

F. In all action concerning the expulsion of a pupil, the governing board of a school district shall:

1. Be notified of the intended action.

2. Either:

(a) Decide, in executive session, whether to hold a hearing or to designate one or more hearing officers to hold a hearing to hear the evidence, prepare a record and bring a recommendation to the board for action and whether the hearing shall be held in executive session.

(b) Provide by policy or vote at its annual organizational meeting that all hearings concerning the expulsion of a pupil conducted pursuant to this section will be conducted before a hearing officer selected from a list of hearing officers approved by the governing board.

3. Give written notice, at least five working days before the hearing by the governing board or the hearing officer or officers designated by the governing board, to all pupils subject to expulsion and their parents or guardians of the date, time and place of the hearing. If the governing board decides that the hearing is to be held in executive session, the written notice shall include a statement of the right of the parents or guardians or an emancipated pupil who is subject to expulsion to object to the governing board's decision to have the hearing held in executive session. Objections shall be made in writing to the governing board.

G. If a parent or guardian or an emancipated pupil who is subject to expulsion disagrees that the hearing should be held in executive session, it shall be held in an open meeting unless:

1. If only one pupil is subject to expulsion and disagreement exists between that pupil's parents or guardians, the governing board, after consultations with the pupil's parents or guardians or the emancipated pupil, shall decide in executive session whether the hearing will be in executive session.

2. If more than one pupil is subject to expulsion and disagreement exists between the parents or guardians of different pupils, separate hearings shall be held subject to this section.

H. This section does not prevent the pupil who is subject to expulsion or suspension, and the pupil's parents or guardians and legal counsel, from attending any executive session pertaining to the proposed disciplinary action, from having access to the minutes and testimony of the executive session or from recording the session at the parent's or guardian's expense.

I. In schools employing a superintendent or a principal, the authority to suspend a pupil from school is vested in the superintendent, principal or other school officials granted this power by the governing board of the school district.

J. In schools that do not have a superintendent or principal, a teacher may suspend a pupil from school.

K. In all cases of suspension, it shall be for good cause and shall be reported within five days to the governing board by the superintendent or the person imposing the suspension.

L. Rules pertaining to the discipline, suspension and expulsion of pupils shall not be based on race, color, religion, sex, national origin or ancestry. If the department of education, the auditor general or the attorney general determines that a school district is substantially and deliberately not in compliance with this subsection and if the school district has failed to correct the deficiency within ninety days after receiving notice from the department of education, the superintendent of public instruction may withhold the monies the school district would otherwise be entitled to receive from the date of the determination of noncompliance until the department of education determines that the school district is in compliance with this subsection.

M. The principal of each school shall ensure that a copy of all rules pertaining to discipline, suspension and expulsion of pupils is distributed to the parents of each pupil at the time the pupil is enrolled in school.

N. The principal of each school shall ensure that all rules pertaining to the discipline, suspension and expulsion of pupils are communicated to students at the beginning of each school year, and to transfer students at the time of their enrollment in the school. END_STATUTE

Sec. 2. Title 15, chapter 8, article 3, Arizona Revised Statutes, is amended by adding section 15-843.01, to read:

START_STATUTE15-843.01. Pupils placed in isolation and seclusion rooms; policies and procedures; definitions

A. An isolation or seclusion room in a public school may not be used as a form of punishment, to force compliance, as a substitute for appropriate educational support or as a restraint for pupils who do not have an individualized education program or a section 504 plan.

B. For pupils with an individualized education program or a section 504 plan, the school shall document and report the following information to the department of education each time that a pupil is placed in an isolation or seclusion room:

1. The date of the pupil's placement in the isolation or seclusion room.

2. The length of time that the pupil was placed in the isolation or seclusion room.

3. The type of restraint, if any, that was used on the pupil.

4. A detailed explanation of the reasons that the placement in the isolation or seclusion room was determined to be necessary.

5. The name, title, qualifications and training of the person who made the determination to place the pupil in the isolation or seclusion room.

6. A statement of the time at which the parent or guardian of the pupil was notified of the pupil's placement in the isolation or seclusion room.

7. A list of the exact times at which the pupil was monitored while in the isolation or seclusion room accompanied by the name of the person or persons who monitored the pupil.

C. School personnel who place or monitor pupils in isolation or seclusion rooms shall be certified in first aid and cardiopulmonary resuscitation and shall obtain annual training in all of the following:

1. Conflict prevention.

2. The crisis cycle and permissible interventions at each stage of the crisis cycle.

3. De-escalation techniques.

4. The physical and psychological effects of isolation and seclusion, including information about mental health conditions and life experiences that may be exacerbated by seclusion procedures and the impact of isolation and seclusion on the physical well‑being of pupils.

5. Information about the effects of medications pupils may be receiving and how seclusion procedures in combination with those medications might affect the physical well-being of the pupil during seclusion.

6. Any local regulations or state laws regarding the use of isolation or seclusion rooms.

D. The training prescribed in subsection C of this section must be appropriate to the type of the school setting and to the age and developmental level of pupils and must include information about commonly accepted standards for the use of isolation and seclusion rooms in school settings.

E. A pupil may not be placed in an isolation or seclusion room to control behavior unless both of the following criteria are met:

1. The pupil or the pupil's actions pose a clear, present and imminent physical danger to that pupil or to other persons.

2. Less restrictive measures have been attempted and have not effectively de-escalated the risk of physical danger.

F. The placement of a pupil in an isolation or seclusion room may occur only as long as necessary to resolve the actual risk of danger or harm or, if appropriate, until the arrival of law enforcement or crisis intervention personnel.

G. The Parent or guardian of the pupil must be immediately informed whenever a pupil is placed in an isolation or seclusion room.

H. Appropriate fire and safety inspectors shall inspect isolation and seclusion rooms at least annually.

I. Isolation or seclusion rooms must conform to all of the following requirements:

1. Be sufficiently sized to permit a pupil to sit or recline in a prone position.

2. Have adequate lighting.

3. Have adequate ventilation, including heating and air conditioning as appropriate.

4. Be free of any potential safety hazards.

5. Permit automatic release of any locking device in case of emergency.

J. Pupils who are placed in isolation or seclusion rooms must be monitored continuously.

K. If a school district or charter school allows pupils to be placed in isolation or seclusion rooms, the governing board of the school district or the governing body of the charter school shall adopt written policies that conform to the requirements of this section and shall ensure that all school personnel are annually informed of these policies.

L. For the purposes of this section:

1. "Individualized education program" has the same meaning prescribed in 20 United States Code sections 1401 and 1412.

2. "Section 504 plan" means a written statement developed for a pupil with a disability that includes the provision of regular or special education and related aids and services, including assistive technology, that is designed to meet individual educational needs in accordance with 34 Code of Federal Regulations part 104. END_STATUTE