Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1459 Comm Sub / Analysis

Filed 03/28/2024

                      	SB 1459 
Initials CH/RP 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: ED DPA 4-3-1-0 | 3rd Read 16-13-1-0  
House: ED DPA 6-4-0-0 
 
SB 1459: school letter grades; student discipline 
Sponsor: Senator Kavanagh, LD 3 
House Engrossed 
Overview 
Requires school districts and charter schools to annually report student discipline referral 
data to the Arizona Department of Education (ADE). Reduces a school's letter grade if the 
school does not implement disciplinary action in at least 75% of student discipline referrals 
in two consecutive school years.  
History 
Statute declares a student must submit to the authority of teachers, administrators and the 
school district governing board (governing board). A teacher may, under statutorily specified 
conditions, remove a student from the classroom and a school district may expel a student as 
the school district deems appropriate (A.R.S. § 15-841).  
A governing board, in consultation with teachers and parents, must prescribe rules for the 
discipline, suspension and expulsion of students that are consistent with a student's 
constitutional rights. These rules must include: 1) penalties for excessive absenteeism; 2) 
procedures for using corporal punishment, if allowed; 3) procedures for the reasonable use of 
physical force by personnel in situations of defense; 4) procedures for dealing with students 
who have committed or who are believed to have committed a crime; and 5) disciplinary 
policies for confining students who are left alone in an enclosed space. A governing board 
must support teachers in implementing and enforcing these rules and develop procedures 
that allow teachers and principals to: 1) recommend the suspension or expulsion of students; 
and 2) temporarily remove disruptive students from a class (A.R.S. § 15-843). 
ADE, subject to final adoption by the State Board of Education (SBE), must develop an 
annual achievement profile for every public school and local education agency (LEA) based 
on an A-F letter grade system. The annual achievement profile reflects the public school's or 
LEA's achievement on the prescribed academic and educational performance indicators. SBE 
must assign an overall letter grade for a public school or LEA (A.R.S. § 15-241). 
Provisions 
1. Mandates each school district and charter school include in every student handbook a 
student discipline rubric that: 
a) includes only objective student discipline criteria; and 
b) does not consider specified student characteristics.  
2. Instructs each school district and charter school to annually report to ADE: 
a) the total number of student discipline referrals submitted by teachers in each school; 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1459 
Initials CH/RP 	Page 2 	House Engrossed 
b) the number of reported referrals for which school administration implemented the 
teacher's recommended disciplinary action or another disciplinary action; and  
c) the percentage of reported referrals for which school administration did not 
implement the teacher's recommended disciplinary action or any other action.  
3. Excludes social emotional learning or restorative discipline from disciplinary action. 
4. Asserts a school district, charter school or school administrator may not discourage a 
teacher from submitting student discipline referrals consistent with the student 
discipline rubric and the teacher's authority. 
5. Allows a teacher, if the teacher alleges they were discouraged from submitting a student 
discipline referral, to report the violation to ADE and ADE to investigate the report.  
6. Details how ADE is to adjust the prescribed annual student discipline referral 
calculations for a school district or charter school if ADE determines that a student 
discipline referral was warranted but was not submitted because a teacher was 
discouraged from doing so.  
7. Instructs ADE to notify a school that the school has failed to adequately discipline 
students in the current school year and may be subject to penalties if the school fails to 
adequately discipline students in the following school year and the school: 
a) does not implement disciplinary actions in at least 75% of the total number of student 
discipline referrals submitted by teachers in the current school year;  
b) has no reasonable justification, as determined by ADE, for implementing disciplinary 
action in fewer than 75% of student disciplinary referrals in the current school year; 
and 
c) did not receive a notice in the immediately preceding school year.  
8. Reduces a school's letter grade by one letter grade if the school: 
a) fails to adequately discipline students as prescribed in the notice from ADE; and  
b) received the specified notice from ADE in the immediately preceding school year.  
9. Directs ADE to administer an annual survey of school district and charter school teachers 
to assess whether, during the previous school year, any school district, charter school, 
administrator or teacher considered specified student characteristics when determining: 
a) whether to submit a student discipline referral; or  
b) what student disciplinary action was appropriate. 
10. Defines discourage.