ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: ED DP 6-3-0-1

HB 2748: public schools; student discipline; absenteeism

Sponsor: Representative Terech, LD 4

Caucus & COW

Overview

Prohibits a charter school or school district from suspending a student for absenteeism.

History

For a school district, all cases of suspension must be for good cause and reported to the school district governing board (governing board) within five days. The authority to suspend a student is vested in the school district superintendent, principal or other school officials granted this power by the governing board.

A governing board must prescribe rules for the discipline, suspension and expulsion of students that are consistent with a student's constitutional rights. These rules must include penalties for excessive absenteeism, including failure in a subject, failure to pass a grade, suspension or expulsion. However, students who have satisfied course requirements and are absent due to illness or accidents may not be subjected to these penalties. Statute also requires a governing board to have a notice and hearing procedure for suspensions exceeding 10 days, procedures for readmitting students suspended or expelled for more than 10 days and procedures to appeal the suspension of a student exceeding 10 days if the suspension decision was not made by the governing board (A.R.S. § 15-843)

A child between the ages of 6 and 16 must attend school during school hours unless they meet statutory criteria for excusal. Absences may be considered excessive when the number of absent days (including excused and unexcused absences) exceed 10% of the number of attendance days (A.R.S. §§ 15-802, 15-803). Arizona Department of Education (ADE) guidelines note that excused absences due to out-of-school suspensions may not exceed 10% of the instructional days scheduled for the school year (ADE School Finance Manual).

Provisions

1. Prohibits a charter school from suspending a student for an unexcused absence or absences. (Sec. 1)

2. Removes suspension from the penalties a school district may impose for excessive student absenteeism and specifies suspension may not be solely based on a student's absenteeism. (Sec. 2)

3. Makes technical changes. (Sec. 2)

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7. HB 2748

8. Initials CH/SJ Page 0 Caucus & COW

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