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DISCIPLINE
- ARIZONA LAW RELATING TO STUDENTS
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This
letter is to inform you that in Arizona schools, communicating
a threat is a crime. The legislature passed A.R.S.
§ 13-21-1. which provides that any student who,
with the intent to terrify, threatens to cause physical
injury or serious damage to property, or intimidates
another person, by word or conduct, is guilty of a
class 1 misdemeanor. If the intent of the threat is
to cause the other person to participate in a criminal
street gang, the criminal becomes a class 4 felony.
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The
law defines the following as threatening behaviors:
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- Physical
injury to a school employee or student attending
the school;
- Damage
to any educational institution or it's property;
- Damage
to the school property of a school employee or
student attending the school.
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In
addition, it is a class 1 misdemeanor, as well as
grounds for expulsion to:
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- Knowingly
go to or remain on the property of any school either
(1) for the
purpose of interfering with or disrupting lawful
use of school property, or (2) in any manner that
actually does deny or interfere with lawful use
of the school property.
- Knowingly
refuse to obey a lawful order by the administration
of a district or a school (or a designee) to leave
school premises, when the administrator or designee
has reasonable grounds to believe that the person
ordered to leave disruption of the use of school
property.
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In
order to comply with the new law, the district will
report all threat violations to the police. These
threatening behaviors also require that the student
may be considered for expulsion. The district intends
to modify expulsion requirements and will deal with
student discipline on a case-by-case basis.
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Students
who are enrolled in special education will be affording
the protections of the individuals with Disabilities
Education Act.
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DISCIPLINARY
PROCEDURES - GRADES K-4
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Classroom
teachers administer routine disciplinary measures
when appropriate. In cases of repeated misbehavior,
parents will be contacted. In instances of severe
misbehavior, children will be sent to the Superintendent.
Youngsters may be placed on suspension or may be taken
home by parents for the remainder of the day.
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DISCIPLINARY
PROCEDURES - GRADES 5-8
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The
minority of students who violate school rules must
expect consequences for their inappropriate actions.
Extreme misbehavior will result in suspension from
school.
The
Superintendent may suspend a student up to ten days
when, in the judgment of the Superintendent, a student's
behavior warrants suspension. The administrator
will provide the students with the following due
process protection:
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A)
Prior to suspension the Superintendent must:
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Inform
the student orally of the charge against him/her with
a follow-up in writing to the parents/guardian. |
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Inform
the student if the basis of the charge - names of witnesses
need not be revealed. |
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If
the student denies the charge, the Superintendent must
give the student an opportunity to tell his/her side
of the story. A student may appeal a suspension decision
to the Superintendent or the School Board. A suspension
will not be delayed during the appeal proceeds. |
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B)
If the presence of the student in the school or on
school property, (in the opinion of the Superintendent),
poses a continuing danger to persons or property or
an on-going threat of disrupting the academic process
or school function the Superintendent may:
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Suspend
the student immediately for ten school days or less
and exclude him/her from all extra-curricular activities
from the time of suspension to 11:59 PM of the last
day of the suspension period. |
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Comply
with the provisions of section A. above. |
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Students
suspended for the third time in a school year must
apply in writing to the Superintendent for re-admission
to school. The Superintendent may require the student
to meet with the School Board for expulsion from school
for the remainder of the year. The Superintendent
must report the suspension to the parents or guardian
in person or by telephone as well as in writing, and
meet with the parents prior to readmitting the student
to school.
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The
School Board has the sole authority to expel a student
from school. The following due process will be followed:
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An
expulsion hearing, by the School Board, will be held
within a reasonable
period of time after the suspension.
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The
student may be represented by an attorney.
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The
student is entitled the:
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- a)
names of witnesses against him/her
- b)
copies of statements and affidavits of the witnesses
- c)
the right to testify and produce witnesses on his/her
behalf
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A
record of the hearing procedures shall be kept and
copies made available to the student at the student's
expense.
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The
hearing will be held with all reasonable speed.
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The
Board of Education will consider a student's request
that any written entry regarding the incident be expunged
from the student's school record.
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A
student may appeal the decision made by the School
Board to the courts.
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The
following is a guideline for disciplinary situations
warranting suspension from school:
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Type
of Infraction
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Length
of Suspension
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Possession
or use of tobacco
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Up
to 5 days
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Fighting
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Up
to 5 days
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Harassing
other students
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Up
to 5 days
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Disrespectful
behavior toward staff
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Up
to 5 days
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Vulgar
or profane language
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Up
to 5 days
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Stealing
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Up
to 5 days & Restitution
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Vandalism
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Up
to 5 days & Restitution
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| Insubordination |
Up
to 10 days |
| Use,
possession or distribution of illegal chemicals, look-alike
substitutes or alcohol and referral to rehabilitation
program or possible notification of law enforcement |
Up
to 10 days |
| Assault |
Up
to 10 days |
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Leaving
campus without permission
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Up
to 5 days
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Incidents
involving additional below 43 violations will be handled
in appropriate manner by the Cochise Superintendent.
| 1.
Alcohol |
12.
Weapons Possession |
23.
Disrespect |
34.
Peer Conflict |
| 2
Arson |
13.
Robbery |
24.
Disruption |
35.
Petty Theft |
| 3.
Battery |
14.
Sexual Battery |
25.
Dress Code Violation |
36
Profanity |
| 4.
Breaking/Entering |
15.
Sexual Harassment |
26.
False Accusation |
37.
Safety Violation |
| 5.
Disorderly Conduct |
16.
Sexual Offense |
27.
Forgery/Misuse |
38.
Skipping Class |
| 6.
Drugs |
17.
Threat Intimidation |
28.
Horseplay |
39.
Skipping Off Class |
| 7.
Fighting |
18.
Tobacco |
29.
Insubordination |
40.
Tardiness |
| 8.
Homicide |
19.
Trespassing |
30.
NO Show Discipline |
41.
Truancy (all day) |
| 9.
Kidnapping |
20.
Vandalism |
31.
Off-Campus Felony |
42.
Unauthorized Area |
| 10.
Larceny/Theft |
21.
Unclassified Offenses/Other Major |
32.
Paraphernalia Drug |
43.
Other Rule Violations |
| 11
Motor Vehicle Theft |
22.
Cheating |
33
Parking Lot |
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