Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1044 Comm Sub / Analysis

Filed 01/23/2023

                    Assigned to ED 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR S.B. 1044 
 
student discipline; nonattendance; suspension; requirements 
Purpose 
Requires a person who suspends a student for nonattendance to transfer the pupil to a 
location isolated from other pupils and provide the student with academic work. 
Background 
It is unlawful for a child who is between 6 and 16 years old to fail to attend school during 
school hours unless the child is excused, accompanied by a parent or person authorized by a parent, 
or provided with instruction in a homeschool. A child who is habitually truant or has excessive 
absences may be adjudicated an incorrigible child. Truant is an unexcused absence for at least one 
class period during the day. Absences may be considered excessive when the number of absent 
days exceeds 10 percent of required attendance days (A.R.S. § 15-803). 
A school district governing board (governing board) must prescribe rules for the discipline, 
suspension and expulsion of pupils, including penalties for excessive pupil absenteeism, and each 
principal must distribute the rules to parents and students. A school superintendent, principal or 
school official authorized by the governing board may suspend a pupil from school. In schools 
without a superintendent or principal, a teacher may suspend a pupil. All cases of suspension must 
be for good cause and reported within five days to the governing board by the person who imposed 
the suspension. A school district or charter school may suspend or expel a pupil in kindergarten 
through fourth grade only if: 1) the pupil is at least seven years old and engaged in specified 
conduct; 2) the school district or charter school considers alternative behavioral or disciplinary 
intervention; and 3) the policy provides readmission procedures as outlined (A.R.S. § 15-843). 
Suspension is the temporary withdrawal of the privilege of attending a school for a 
specified period of time (A.R.S § 15-807). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Requires a school superintendent or person imposing a suspension on a pupil for 
nonattendance, including being truant or having an unexcused absence for less than one class 
period, to: 
a) transfer the student to a location isolated from other students on school premises; and 
b) provide the student with academic work during the suspension period. 
2. Specifies that a suspension for nonattendance may be provided during or after school hours.  
3. Makes technical and conforming changes. 
4. Becomes effective on the general effective date. 
Prepared by Senate Research 
January 23, 2023 
LB/KT/slp