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1995 Arizona Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagaz0019 and id is 1 raw text is: STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOODS MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085 January 19, 1995 Gary L. Lassen, Esq. Jennings, Strouss & Salmon, P.L.C. Two North Central, 16th Floor Phoenix, Arizona 85004 Re: 195-001 (R94-52) Dear Mr. Lassen: Pursuant to Arizona Revised Statutes Annotated (A.R.S.) § 15-253, we revise your opinion to Dr. James E. Jurs, Superintendent, Paradise Valley Unified School District concerning that district's policy on expelling students. We concur with your opinion that the policy is consistent with A.R.S. H5 15-342 and -841. We revise your opinion, however, because we do not find that either the policy or A.R.S. § 15- 841(B) permits expulsion of a student for a first-time offense related to drugs or alcohol. According to A.R.S. § 15-843(B), (tlhe governing board of any school district shall, in consultation with the teachers and parents of the school district, prescribe rules for the discipline, suspension and expulsion of pupils. In response to this directive, the Paradise Valley Unified School District has promulgated a policy which, in part, prescribes sanctions for both the possession and sale of alcohol and drugs. The policy provides that a first offense for alcohol and drug possession requires a minimum out-of-school suspension for 6-10 days, and a repeated offense results in expulsion. Additionally, the offense of selling drugs or alcohol provides .for long-term suspension of from 11 days up to the remainder of the semester on the first offense, and a maximum penalty of expulsion. A school district governing board may [e]xpel pupils for misconduct. A.R.S. § 15-342. According to A.R.S. S 15-841(B) (as amended in 1994 by the Legislature during its second regular session), however: