Suspended in Arizona: the ten-day line, the hearing, and the bullying rules

A sophomore at a high school in Chandler is called to the office and told she is suspended for twelve days over a fight in the parking lot. Her mother asks if there is anything they can do. In Arizona, the answer starts with a number. Section 15-843 of the Arizona Revised Statutes treats a suspension of more than ten days differently from a shorter one, and it requires every district's rules to include a notice and hearing procedure for the long kind.

Who has to be in school, and who can suspend

Section 15-802 says every child between 6 and 16 must attend school, in a public, charter, or private school or a homeschool. Once you are enrolled, section 15-843 puts the power to suspend in the hands of the superintendent, the principal, or another official the district's governing board names. Every suspension must be for good cause and must be reported to the governing board within five days.

A federal case sets the floor. In Goss v. Lopez (1975), the Supreme Court held that even for a suspension of ten days or less, a public school must tell the student what they are accused of and, if the student denies it, explain the evidence and let the student give their side. Arizona's ten-day line builds on that: a suspension longer than ten days triggers a formal notice and hearing, plus an appeal to the governing board if the board itself did not make the decision.

Expulsion: five working days' notice and a hearing you can open up

Expulsion means removal from the district, not just from a class. Section 15-843 says the governing board must be notified before any expulsion and must either hold a hearing itself or send the case to a hearing officer, a neutral person who hears the evidence and recommends a decision to the board. The student and parents must get written notice of the date, time, and place at least five working days before the hearing.

The board can hold the hearing in executive session, which means closed to the public. Parents (or an emancipated student) may object in writing, and if they do, the hearing is held in an open meeting. Either way, the student, the parents, and their lawyer may attend, may see the minutes and testimony, and may record the session at their own expense. Use that. A recording settles later arguments about what was said.

Young students, searches, and the bullying statute

Arizona limits suspension and expulsion in kindergarten through fourth grade. Under section 15-843, a district or charter school may suspend or expel a student that young only if the child is at least 7 and the conduct involved a dangerous weapon, a dangerous or narcotic drug, an immediate danger to others, or documented persistent behavior that did not respond to interventions and about which the parent was consulted. Suspensions of two days or fewer, adding up to no more than ten days a year, fall outside that limit.

On searches, the leading Supreme Court case comes from this state. In Safford Unified School District v. Redding (2009), officials in Safford, Arizona, strip-searched a 13-year-old girl looking for ibuprofen pills. The Court held the search violated the Fourth Amendment because it was far too intrusive for the item and the weak suspicion involved.

On bullying, section 15-341 requires every district governing board to adopt a policy against harassment, intimidation, and bullying, including conduct on school networks. The policy must give students and parents a confidential way to report, with written forms; require employees to report suspected incidents in writing; set a formal investigation process that includes notifying the victim's parent; and give the victim a written copy of their rights and support services. Districts must keep those records at least six years.

What to ask for, and where to go next

Important

For any suspension, ask for the accusation and the evidence in writing, and ask to give your side. For anything over ten days or an expulsion, ask for the district's notice and hearing procedure and its appeal rules; the Chandler family's twelve-day suspension is over the line, so those rules apply to them. If you want the hearing open, object to executive session in writing before the date.

For bullying, ask the school for its written report form and for the written list of rights and support services that section 15-341 says a victim must receive. Keep a dated copy.

If the district does not follow its own rules, go to the district governing board, then to the Arizona Department of Education at azed.gov. We could not confirm a single statewide complaint form on the department's site, so ask the district which state office handles your kind of complaint. Section 15-843 also says discipline rules cannot be based on race, color, religion, sex, national origin, or ancestry; a complaint on those grounds can also go to the federal Office for Civil Rights.

Remember this

In Arizona, a suspension of more than ten days triggers a formal notice and hearing procedure and an appeal to the governing board under section 15-843.
Before an expulsion hearing, families get at least five working days' written notice and can object in writing to a closed session.
Kindergarten through fourth grade students under 7 cannot be suspended or expelled, and older ones only for weapons, drugs, danger, or documented persistent behavior.
After a bullying report, section 15-341 requires a written form, an investigation, parent notice, and a written list of the victim's rights.

Sources

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.