What led to Arizona Revised Statute 15-840 through 844 being implemented?

Question

I'm trying to help out with some research for my wife. What we're needing to find out is what caused ARS 15-840 through 844 to go into effect? When did it go into effect? Any info about why this law exists will be helpful or any suggestions on where to go and research this info would be great to. We know what the statue is, just need to know the why behind it.

Answer 1

The fundamental right to a free education is guaranteed by the constitutions of most states, including Arizona. The Arizona Supreme Court has held that the Arizona Constitution guarantees a free education for all children in Arizona. Shofstall v. Hollins, 515 P.2d 590, 592 (“We hold that the constitution does establish education as a fundamental right of pupils between the ages of six and twenty-one years. The constitution, by its provisions, assures to every child a basic education”). Nevertheless, despite these guarantees, other state laws and local policies have endangered the fundamental right to education by enabling or sanctioning the disproportional discipline of minority students. Combined with so-called "zero tolerance" policies that have been put in place as a result of both local and national efforts to reduce violence in public schools, overly broad and discretionary legislation has resulted in a nationwide increase in mandatory suspensions and expulsions for even minor infractions, without regard to circumstances.

In Arizona, disciplinary punishment often begins when a student is referred to the principal's office in a trip that may ultimately result in suspension, expulsion, or referral to an alternative education program. A.R.S. §§ 15-840-844. For example, under current Arizona law, students may be expelled for the following reasons:


1. “[C]ontinued open defiance of authority, continued disruptive or disorderly behavior”

2. “violent behavior that includes use or display of a dangerous instrument or deadly weapon . . .”

3. “use or possession of a gun,”

4. “excessive absenteeism . . .”

5. “actions other than those listed . . . as the school district deems appropriate.” A.R.S. § 15-841(B).


The Arizona statute, therefore, vests significant discretion with teachers and school administrators who are left to apply their own interpretations of the meaning of offenses such as “continued open defiance of authority” and “continued disruptive or disorderly behavior.” Moreover, this list is not exhaustive; the Arizona statute also allows individual school districts to devise additional offenses for which expulsion may be imposed. In the wake of zero tolerance legislation and heightened community concerns regarding the safety of schools, this expansion of expulsion-eligible offenses has been met with widespread approval despite the danger that these disciplinary policies may be applied disproportionately and capriciously, particularly toward minority students.