Arizona Disciplinary Placement FAQ

All parents want their kids to succeed, but sometimes high school students can face obstacles that their schools label as disciplinary issues. When this happens, the student may face suspension or expulsion sanctions, taking them away from their school and entering them into an alternate education program. These programs are meant to ensure all Arizona students have the opportunity to receive an education no matter what their behavior is like. In reality, these disciplinary placements end up negatively impacting the child's future and preventing them from flourishing in school.

Below we answer all the questions you might have about your student getting expelled in Arizona and attending an alternative education program as a disciplinary placement. If your child is facing such a disciplinary placement, it is important you contact a student defense attorney-advisor for help immediately.

What Type of Discipline Do Arizona Schools Use?

Arizona has adopted a restorative justice model when dealing with disciplinary actions. The traditional disciplinary system usually relies on utilizing detention and suspensions as punishment, but because marginalized students are disproportionately more likely to receive these types of discipline, the system usually fails them. As such, Arizona is focused on using the restorative justice approach to create equity in their schools, thus improving not only the school climate, but also its graduation rates.

If a student has committed a prohibited action will be required to go through one of the following programs under the restorative justice model:

Engaging in therapy or counseling
Completing community service
Providing reparations
Making written or verbal apologies

Though Arizona says it's committed to restorative justice, there are times when it will resort to suspensions and expulsion. For instance, if a student engages in severe behavior at school (like bringing a firearm to school and threatening a teacher with it), the school must remove or expel them. To ensure all students, no matter their behavioral issues, have access to education, Arizona has created alternative education programs.

No parent wants to think of the negative consequences expulsion might have on their student, and alternative education programs sound like a nice alternative. But the reality is that alternate high schools can have serious negative impacts on your child's education and well-being.

Can High School Students Be Expelled in Arizona?

High school students in Arizona can be suspended or expelled, but only if they engage in specific behaviors. These behaviors are listed in Title 15 of the Arizona Revised Statutes, but they include:

Continued open defiance of authority or disruptive behavior.
Violent behavior that includes the use of or display of a dangerous instrument or deadly weapon.
Use or possession of a gun.
Excessive attendance issues.

Additionally, if a student is expelled from one school district, other school districts can refuse to admit them, making it hard to gain an education in a traditional setting.

What Happens to Expelled High School Students in Arizona?

Students who are expelled from their high schools in Arizona are sent to alternative education programs, which are provided by each county in the state. Usually, these programs include alternate high schools which enroll students who are at risk of continuously engaging in various disciplinary issues. Additionally, there are fewer alternative high schools than there are traditional high schools – only 145 to serve almost 30,000 students in Arizona. If a student is expelled and forced to attend an alternate school, they will have very little choice in the school they attend.

Moreover, students generally do not finish out their high school career in an alternative education program. Instead, they are meant to be there temporarily and then re-enroll back into a traditional high school when their disciplinary placement ends.

How Does a Student Get Sent to Alternative Education in Arizona?

Generally, if a student is being placed on a long-term suspension or expulsion, they will be sent to an alternate high school as a punishment. The specific reason a student would be sent to an alternative education program in Arizona depends on the specific code of conduct at their high school. For instance, the following actions may lead to suspension or expulsion if the restorative justice model is unsuccessful:

Using or possessing drugs or alcohol.
Vandalizing school property.
Assaulting a student or teacher.
Bringing firearms or other deadly instruments to school.
Bullying.
Misusing technology on campus.
Threatening to assault a student or teacher.

Additionally, there are some behaviors that will immediately result in suspension or expulsion, bypassing the restorative justice model. These behaviors include:

Involves the possession of a dangerous weapon.
Involves the possession, sale, or use of a dangerous drug.
Immediately endangers the health and safety of others.
The behavior qualifies as an aggravating circumstance.
Failing to remove the child from the school would create a threat to its safety.

Even when students are unjustly associated with one of the above behaviors, they could still be expelled. This is because when it comes to protecting the safety of the faculty, staff, and students, Arizona schools will always choose to act more cautiously and expel the student involved, even if only marginally.

Will My Student Get Expelled for Bringing a Gun to School in Arizona?

According to the Arizona legislature, students who use, possess, or sell a gun, or engage in violent behavior that includes using or displaying a deadly weapon (such as a gun), will be expelled. If you believe your child has been expelled because of an illegitimate accusation, you should contact a student defense attorney-advisor and request an expulsion hearing with your school immediately. During this hearing, your attorney-advisor will be able to present relevant evidence and witness testimony to negotiate with the school on your child's behalf, hopefully overturning the disciplinary placement decision.

How Many Alternative Education Programs Are There in Arizona?

There are 155 alternative education programs in Arizona, 145 of which are expressly used for high school students. Interestingly, minority enrollment makes up nearly 75% of the student body, which is more than the Arizona public school average (64%).

How Long Do Arizona Expulsions or Disciplinary Placements Last?

While other states have maximum time lengths that a student can be expelled or put on disciplinary placement, Arizona does not. Instead, students can be expelled for whatever length of time the school district feels appropriate unless the student is being punished for bringing a firearm to school with them. In that case, a student cannot be expelled for less than one year. Additionally, students can be expelled with or without services. If a student is offered services with their expulsion, they are no longer enrolled in their regular school setting, but arrangements are made for them to receive their education elsewhere, usually in an alternative education program. However, there are instances when a student can be expelled without services, which would cut them off from educational services altogether.

When the disciplinary placement is caused by suspension, students are either given:

In-school suspension: where the child is removed from their regular classroom but remains under the direct supervision of school personnel.
Out-of-school suspension: where the child is removed from their school to another setting – like home or a behavior center.
Short-term suspension: the child is temporarily removed from their regular class for ten days or less.
Long-term suspension: the child is temporarily removed from their school for disciplinary purposes for eleven days or more.
Suspension with services.
Suspension without services.

Whatever the punishment, you and your attorney-advisor can negotiate with the district on the length of the placement.

What is a Rehabilitation Plan?

In Arizona, if a student is expelled from their high school, they may have to agree to follow a rehabilitation plan before being sent to an alternative education program. According to the Arizona legislature, all students are guaranteed an education, even if they have been disciplined with a suspension or expulsion. The governing board of a school district can work with another public body or private person to offer alternative education programs or alternative high schools.

Additionally, the school district typically must create an individualized education plan tailored to the student's specific situation, including the consequences when a student fails to meet the plan's conditions. While the particulars of a rehabilitation plan will differ from child to child and school district to school district, they might include:

Minimum GPA requirements.
Respectable attendance rates.
Appearing at, and engaging in, a certain number of hours of therapy.
Following school rules and state laws.
Refraining from behavior that would subject the student to further suspensions or expulsions.
Community service.
Drug tests.
Essays on their behavior.
Letters of recommendation from teachers or therapists that support the student's readmission to the traditional high school setting.

Meeting these requirements can be difficult for students, especially if they are already traumatized by the allegations surrounding their behavior. As such, negotiating the rehabilitative plan with your school is incredibly important to protecting your child from further negative effects.

Will My Student Have a Hearing Before They Get Expelled?

All Arizona students have the right to a hearing prior to being suspended or expelled. When a teacher or school accuses a student of misconduct that would warrant disciplinary placement, they will notify the governing board of the school district as well as the child and their parents. The board will decide whether to hold a hearing and notify the family at least five working days prior to the hearing of the time and place.

These disciplinary hearings tend to be overwhelming for both the parent and child and so it is important to consult with a student defense attorney-advisor prior. An attorney-advisor will review the Arizona legislature, as well as the school's code of conduct, and determine whether the school has the right to expel your child for the accused behavior. If they determine the school does not, they will help advocate that fact for you both at the disciplinary hearing.

When Is an Arizona School Not Allowed to Expel a Student?

Students in Arizona schools cannot be expelled without a specific cause of action. If the student's misconduct falls outside that scope, they should not be expelled. Working with a student defense attorney-advisor will ensure the school is held accountable and takes the proper steps to adjudicate the matter rather than doling out expulsions without cause.

For a school in Arizona to punish a student with a disciplinary placement, the student:

Must be seven years of age or older.
Engaged in conduct on school grounds that involves the possession of a dangerous weapon; the possession, use, or sale of a dangerous drug; immediately endangers the health and safety of others; or the behavior is considered an aggravating circumstance.
And/or failing to remove the child from the school building will create a safety threat to the rest of the school or others.

Can My Student Appeal Their School Expulsion?

According to the legislature, students can appeal the governing board's decision for suspension or expulsion by notifying the school district of their intent to appeal. Your student defense attorney-advisor will be able to draft a compelling appeals argument for your student. As appeals tend to only be valid if made on specific grounds, your attorney-advisor will make sure to become familiar with the particular appeals grounds the governing board has identified and follow the procedure to the letter.

An appeal is a significant step in ensuring your child is not subjected unnecessarily to any negative consequences. Still, many families find it an overwhelming process to pursue, but your attorney-advisor will be able to ease this burden for you. Additionally, even if your appeal is unsuccessful, it could help you establish grounds for a civil lawsuit against the school. Your attorney-advisor will be able to guide you best.

Does Disciplinary Alternative Education Have Downsides for My Student?

Alternative education programs were originally created with the hope of rehabilitating struggling students. In the years since they have been created, though, they have become more negative than positive experiences for children. For example, if your child is recommended for an alternative education program because of a disciplinary issue, it will stay on their transcripts and school records. As such, it could negatively impact their chances of getting into college or finding employment later in life. The more common issues with disciplinary alternative programs include:

Lower education standards: Generally, alternative education programs in Arizona have a lower standard of instruction or fewer resources than a traditional high school.
Fewer alternative high schools: Because it tends to be a last resort, there are fewer alternative high schools than regular public schools. Thus, one alternative school might provide its services to multiple counties, which means it could be quite a long commute for your student. Long commutes discourage attendance and contradict the purpose behind matriculating in an alternative education program, to begin with.
Minor classroom misbehavior is exaggerated: When schools use alternate education programs to punish their students for simple misbehavior, the child is uprooted for no real reason. This can negatively affect their mental health, social development, and self-esteem.

Can My Child Be Sent to Alternative Education in Arizona More Than Once?

Most students who are sent to an alternative education program once in Arizona will be sent again before the end of their high school career. This is because many students enrolled in alternative high schools are not really being provided with adequate education and thus fall behind on their coursework. When the placement ends and they are sent back to their traditional high school setting, the embarrassment of being left behind, or the difficulty in catching up with their classmates, can cause them to act out.

Sadly, alternative education programs and alternative high schools are easy ways for public schools to remove troubled students. Even though they may know students are receiving a subpar education, they are able to hide behind the hope that they are still getting an education at all.

What Should I Do if I Know My Child Is About to Be Expelled?

Sometimes, you may be notified by your child of a disciplinary issue before you are even notified by their school. Either way, once you are notified that your child might be expelled or is about to face a significant disciplinary event at school, you must:

Call the school right away and find out what happened. Ask for specific facts and the intended disciplinary action. Make sure to record this information.
Call a student defense attorney-advisor and begin working with them on a defense strategy.
Make sure your child is okay, and ask them to explain the events surrounding the incident. Write it all down.
Take pictures and document any evidence that comes home from school, teacher notes, and physical injuries included.
Keep track of your meetings or conversations with school officials. Try and take diligent notes on who said what.
Keep hard copies of anything you receive from the school.
Become familiar with the school's code of conduct – both the misconduct that your child supposedly committed and the school's disciplinary procedure.

What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?

Alternative high schools treat students like criminals, negatively impacting their physical, mental, and emotional health in the long run. For instance, many students will find it difficult to re-enter a traditional high school setting once their disciplinary placement in an alternative school is over. And when they are placed back in their old high school, there is a high probability that they will get another disciplinary placement soon after. Moreover, many students who have gone through an alternative education program are more likely to enter the juvenile justice system at some point after.

While alternative high schools are meant to help students, they tend to have a much more drastic, adverse impact that pushes a struggling student into a significant downward spiral.

Can Expelled Students Go to College in Arizona?

Expelled students still have the right to attend college as long as they can complete the standard requirements. However, even though they still have the right to attend, it doesn't mean they will find it easy to be accepted to a college or university in Arizona. Colleges and universities tend to have one thing in mind when accepting students for admission: their own reputation. If they see that a student has had a troubled past, including suspensions or expulsions, and they do not believe the student has been rehabilitated enough, they will refuse to accept them.

Working with an attorney-advisor to mitigate suspensions or expulsions will also help prevent your student from being ostracized by their college of choice.

Can an Attorney Help With a High School Expulsion?

While your child is not being accused of committing a crime, the potential disciplinary punishment could still be severe enough to warrant enlisting the help of a skilled attorney-advisor. Attorney-advisors have the legal knowledge and procedural experience to help you and your child deal with these disciplinary matters. They will not only be able to attend the expulsion hearing with you, but they will also be able to help you create a strategic defense and actively negotiate with the school on your child's behalf, ensuring they receive the best possible outcome.

Get the Help You Need to Deal With a High School Disciplinary Placement in AZ

Student defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team have spent years helping students across the country navigate disciplinary issues. They understand how difficult school can be for so many students and will work tirelessly to provide them with the support they need to succeed. Moreover, the team at Lento Law Firm is keenly aware of how prejudiced school officials can be and will do everything in their power to overcome that prejudice and protect your child from unnecessarily harsh punishments. Contact the Lento Law Firm for assistance today at 888-535-3686.

FAQs: Expulsion and Disciplinary Placement in Arizona High Schools