Assigned to ED AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
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
separate location and provide the student with quality academic instruction.
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 separate location on school premises; and
b) provide the student with quality academic instruction 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. FACT SHEET – Amended
S.B. 1044
Page 2
Amendments Adopted by Committee of the Whole
• Requires a person imposing a suspension on a pupil for nonattendance to:
a) transfer the suspended pupil to a separate location, rather than a location that is isolated
from other pupils, on school premises; and
b) provide the student with quality academic instruction, rather than academic work, during
the suspension period.
Senate Action
ED 1/25/23 DPA 4-3-0
Prepared by Senate Research
February 21, 2023
LB/KT/slp