Outline of the state of Arizona
Minimal assurances of due process

Disciplinary Due Process

Disciplinary Due Process

State law establishes minimal assurances of due process for students facing disciplinary action.

Arizona Revised Statutes 15-843. Pupil disciplinary proceedings

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.
    1. Procedures for the use of corporal punishment if allowed by the governing board.
    1. Procedures for the reasonable use of physical force by certificated or classified personnel in self-defense, defense of others and defense of property.
    1. Procedures for dealing with pupils who have committed or who are believed to have committed a crime.
    1. A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten days.
    1. Procedures and conditions for readmission of a pupil who has been expelled or suspended for more than ten days.
    1. 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.
    1. 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.
    1. Disciplinary policies for the confinement of pupils left alone in an enclosed space. These policies shall include the following:
  • (a) A process for prior written parental notification that confinement may be used for disciplinary purposes and 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.
Policy Type