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2019 AZ H 2385
Author: Hernandez
Version: Introduced
Version Date: 01/17/2019

REFERENCE TITLE: suspensions; expulsions; kindergarten; preschool

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

HB 2385

Introduced by

Representatives Hernandez D: Chávez, Rodriguez, Tsosie, Senator Gonzales

AN ACT

AMENDING SECTION 15-844, ARIZONA REVISED STATUTES; RELATING TO SUSPENSION AND EXPULSION OF PUPILS.

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

Section 1. Section 15-844, Arizona Revised Statutes, is amended to read:

15-844. Suspension and expulsion proceedings for preschool pupils, kindergarten pupils and children with disabilities; reporting requirements; definition

A. Notwithstanding sections 15-841 and 15-842: ,

1. A SCHOOL DISTRICT OR CHARTER SCHOOL MAY NOT SUSPEND OR EXPEL A PRESCHOOL PUPIL OR A PUPIL IN A KINDERGARTEN PROGRAM UNLESS THE SCHOOL PRINCIPAL DETERMINES THAT THE STUDENT HAS COMMITTED ONE OF THE FOLLOWING:

(a) WILFULLY CAUSED, ATTEMPTED TO CAUSE OR THREATENED SERIOUS BODILY INJURY TO ANOTHER PERSON, EXCEPT IN SELF-DEFENSE.

(b) ON SCHOOL PROPERTY, POSSESSED OR FURNISHED TO ANOTHER PERSON A FIREARM, KNIFE, EXPLOSIVE OR OTHER DANGEROUS SUBSTANCE OR OBJECT.

2. The suspension or expulsion of children with disabilities, as defined in section 15-761, shall be in accordance with the individuals with disabilities education act (20 United States Code sections 1410 through 1485) and federal regulations issued pursuant to the individuals with disabilities education act.

B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, AS AN ALTERNATIVE TO SUSPENSION OR EXPULSION, THE SUPERINTENDENT OF A SCHOOL DISTRICT OR THE PRINCIPAL OF A CHARTER SCHOOL MAY:

1. TRANSFER A PRESCHOOL PUPIL OR A PUPIL IN A KINDERGARTEN PROGRAM TO ANOTHER SCHOOL IF THE SUPERINTENDENT OR PRINCIPAL DETERMINES THAT IS A MORE APPROPRIATE PLACEMENT DUE TO THE PUPIL'S DISABILITIES OR SPECIAL NEEDS.

2. SUSPEND A PRESCHOOL PUPIL OR A PUPIL IN A KINDERGARTEN PROGRAM DURING A PENDING INVESTIGATION OF WHETHER THE PUPIL MAY BE LAWFULLY SUSPENDED OR EXPELLED UNDER SUBSECTION A OF THIS SECTION.

C. ON OR BEFORE MARCH 1, 2020, THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ISSUE GUIDELINES TO SCHOOL DISTRICTS AND CHARTER SCHOOLS REGARDING SUSPENSION OR EXPULSION UNDER THIS SECTION, INCLUDING RECOMMENDATIONS ON THE LENGTH OF A SUSPENSION FOR PRESCHOOL PUPILS OR PUPILS IN A KINDERGARTEN PROGRAM WHO COMMIT ONE OF THE ACTS DESCRIBED IN SUBSECTION A, PARAGRAPH 1 OF THIS SECTION.

D. ON OR BEFORE JULY 15 OF EACH YEAR, EACH SCHOOL DISTRICT AND CHARTER SCHOOL SHALL SUBMIT A REPORT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION THAT PROVIDES DETAILED INFORMATION ON PRESCHOOL PUPILS AND PUPILS IN KINDERGARTEN PROGRAMS WHO WERE SUSPENDED OR EXPELLED UNDER THIS SECTION.

E. FOR THE PURPOSES OF THIS SECTION, "SERIOUS BODILY INJURY" HAS THE SAME MEANING PRESCRIBED IN SECTION 615 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (P.L. 91-230; 84 STAT. 175 TO 188; 20 UNITED STATES CODE SECTION 1415).

Sec. 2. Short title

This act may be cited as the "Too Young to Suspend Act".


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