Fisher, et al v. Tucson Unified, et al

Filing 1509

REPORT AND RECOMMENDATION of Special Master. Attachments include: Fisher Comments at 7-8; Mendoza Comments at 9; the Department of Justice Comments at 46-51; Special Masters Comments at 88-89, and the District Comments on the Fisher Objections at 126-129. Submitted to this Court September 20, 2013. (SMBE)

September 20, 2013
To: The Honorable David C. Bury
From: Willis Hawley, Special Master
Re: Objection of Fisher Plaintiffs to the District’s Guidelines for Student
Rights and Responsibilities

Overview
On August 13, 2013, the TUSD Governing Board passed a revision of the
Guidelines for Student Rights and Responsibilities (GSRR) pursuant to a provision
of the Unitary Status Plan. This action followed a lengthy period beginning on
June 22, 2013 of review and comment, interactions with the plaintiffs and the
Special Master, and revisions of revisions. During this period, attempts were made
to address concerns of the Plaintiffs and the Special Master but not all of these
concerns were dealt with. On September 9, 2013, the Fisher Plaintiffs requested
that, pursuant to the provisions of the USP, I advise the Court of their objections
that they do not believe to have been adequately resolved.
The Mendoza Plaintiffs and the Department of Justice, without necessarily
endorsing every provision of the GSRR, chose not to join in the Fisher objection to
the GSRR.
It should be noted that the District has yet to develop regulations governing
implementation by teachers and administrators. Some of the concerns of the
Plaintiffs and the Special Master that they feel were not addressed in the GSRR
can be raised as they review and comment on these regulations.
The Fisher Plaintiffs responded to the initial District proposals for the GSRR on
July 12, 2013. These comments are attached as Attachment A. On August 26,
2013, the Fisher Plaintiffs filed additional comments related to the GSRR.
Fisher Concerns in August 26 Comments
In requesting that their objections to the GSRR be reported to the Court, the Fisher
Plaintiffs identified the six concerns from their August 26 comments as the focus
of their unresolved objections to the GSRR . Some of these concerns were not
expressed during the comment period provided for in the GSRR but I report them

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to the Court nonetheless. These concerns are listed below along with my comments
on each.
Fisher Concern # 1. The TUSD GSRR as approved by the TUSD GB does not
address the use or discontinuance of abeyance contracts. In light of the changes in
the District’s GSRR, the Fisher Plaintiffs believe that the use of abeyance contracts
should be discontinued.
Abeyance contracts that conditionally withhold disciplinary action are meant
to provide students with an opportunity to show that they can avoid past negative
behaviors and are an integral part of the District’s “Restorative Practices” program
(provided for in the USP). The Fisher Plaintiffs are concerned that the abeyance
contracts will be misused. I believe that this concern is appropriate but can be dealt
with by assertive monitoring of the application of the provisions of the GSRR by
the Implementation Committee (IC) and by regulations related to implementation.
Fisher Concern #2. The TUSD GSRR as approved by the TUSD GB does not
provide for the continuing training for administrators or specify the consequences
for an administrator’s failure to adhere to the GSRR. The Fisher Plaintiffs believe
the GSRR should include such provisions.
The training of educators related to the GSRR is provided for in the USP and
is part of the District’s Project Plans 7 and 12. There is no provision in the GSRR
identifying consequences of educators’ failure to adhere to the GSRR. However,
this would be difficult to specify because the level of failure and consequences
would be complicated. But, more relevant, the failure of educators to implement
the provisions of the USP should be dealt with as part of the professional
disciplinary practices of the District generally. Educators who fail to implement the
GSRR fairly can be identified in the monitoring process and in the District’s own
supervision which involved reviews of data every two months.
Fisher Concern #3. The TUSD GSRR as approved by the TUSD GB does not
provide for the monitoring of administrators generally and administrators
responsible for restorative practices in particular. The Fisher Plaintiffs believe
that the GSRR should include such provisions.
The USP provides for this work to be undertaken by the Special Master and
the IC. A process for doing that is being initiated in September, 2013.

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Fisher Concern # 4. In practice, in the past, District students have not always been
duly apprised of their rights and responsibilities under the District’s disciplinary
policies and guidelines. For this reason, the Fisher Plaintiffs believe it is necessary
to ensure that all District students are duly apprised of their rights and
responsibilities under the GSRR.
The GSRR requires that all students, and their families, be apprised of their
rights and responsibilities related to the GSRR. Whether they are so informed will
be an issue addressed by the IC and specified in the regulations governing
implementation.

Fisher Concern #5. In practice, in the past, administrators have not held
disciplinary hearings for special education students in timely manner, and have
thereby inappropriately increased the number of days such students are excluded
from the classroom.
Disciplinary actions for all students, including students with disabilities,
should be held in as timely manner. The IC will monitor the overall
implementation of the GSRR including, of course, the timeliness and fairness of
disciplinary hearings. This concern can be identified in the regulations governing
implementation to emphasize its importance.
Fisher Concern # 6. The hiring or continued employment of disciplinary hearing
officers should be informed by past performance. Hearing officers should have
experience as both teachers and administrators. Moreover, the Fisher Plaintiffs
believe that it would run counter to the intent of the revision of the District’s
disciplinary policies to hire or employ disciplinary hearing officers previously
employed in the criminal justice system as probation officers.
There is no provision in the USP that would justify requirements for the
hiring of hearing officers. The fairness of hearing officers is, of course, a concern
and will be one of the issues addressed in the monitoring process.
Fisher Comments on July 12, 2013
On July 12, the Fisher Plaintiffs made 22 comments on the initial proposals for the
GSRR. Many of these comments request information and/or clarification. Others
are repeated in the August 26 comments noted above. I comment here the Fisher

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Plaintiffs’ concerns that seem related to the policies and practice that they believe
are or should be embodied in the GSRR that I did not address above.
Fisher Comment Regarding Teacher and Administrator Responsibilities. They
recommend that the GSRR specify in greater detail the rights and responsibilities
of educators.
Specific suggestions are not provided. I believe that specific responsibilities
are appropriately spelled out in to-be-developed regulations governing the
implementation of the GSRR.

Fisher Comment on the Special Master’s Comments. The Fisher Plaintiffs “share
concerns communicated in the comments provided by the Special Master and ask
that the District provide detailed responses to the comments”.
The District made several changes in the Plan in response to the concerns I
expressed. The District did provide the detailed comments requested by the Fisher
Plaintiffs. While not all of my concerns were addressed, I believe that the GSRR is
sufficiently responsive to my comments at this time.
Fisher Comments Related to Ensuring Effective Implementation of the GSRR.
Fisher Plaintiffs want the District to ensure that the provisions of the GSRR will be
honored mentioning parental notification, ending sequential suspensions, sending
students home without formally suspending them, and providing disaggregated
data on disciplinary action involving students and any actions engaging law
enforcement.
These concerns can be addressed in one or both of two ways: (1) monitoring
of reporting and reports of disciplinary action and (2) specification of training
provisions and regulations governing implementation. I do not believe that this
requires changes in the GSRR.
Recommendation
The Fisher Plaintiffs raise several concerns about the GSRR with an emphasis on
the possibility or likelihood of inappropriate and discriminatory administration of
disciplinary policies by teachers and administrators. The negative behaviors by
educators identified by the Fisher Plaintiffs discussed above should not be
tolerated. However, the only meaningful way to address these concerns is to ensure
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through the monitoring process that the GSRR is implemented fairly and
effectively. I will direct the member of the IC monitoring disciplinary policies to
pay particular attention to the concerns about implementation of the GSRR noted
by the Fisher Plaintiffs. Moreover, the Plaintiffs and the Special Master will have
an opportunity to review and comment on regulations governing implementation
and some of the matters commented on by the Fisher Plaintiffs can be revisited in
this context.
I believe that the Court need not act to direct the District to revise the GSRR at this
time.
Let me acknowledge that my responses to the Fisher concerns place considerable
responsibility on the monitoring of the implementation of the GSRR. How well
this will work is yet to be determined and whether the monitoring process is
sufficient to ensure fairness and effectiveness of the administration of disciplinary
policies and practices should be reviewed by the Plaintiffs at the end of the current
academic year.
Comments on the GSRR by the plaintiffs and the Special Master are attached.
However, many of the comments on the GSSR took place in meetings and on
various versions of the GSSR and are not reflected in the formal comments.

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Attachments
Attachment A. Fisher Comments
Attachment B. Mendoza Comments
Attachment C. Department of Justice Comments
Attachment D. Special Master’s Comments
Attachment E. District Comments on Fisher Objections

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Attachment A. Fisher Comments
August 26 Comments
1. The TUSD GSRR as approved by the TUSD GB does not address the use or
discontinuance of abeyance contracts. In light of the changes in the District’s
GSRR, the Fisher Plaintiffs believe that the use of abeyance contracts should be
discontinued.
2. The TUSD GSRR as approved by the TUSD GB does not provide for the
continuing training for administrators or specify the consequences for an
administrator’s failure to adhere to the GSRR. The Fisher Plaintiffs believe the
GSRR should include such provisions.
3. The TUSD GSRR as approved by the TUSD GB does not provide for the
monitoring of administrators generally and administrators responsible for
restorative practices in particular. The Fisher Plaintiffs believe that the GSRR
should include such provisions.
4. In practice, in the past, District students have not always been duly apprised of
their rights and responsibilities under the District’s disciplinary policies and
guidelines. For this reason, the Fisher Plaintiffs believe it is necessary to ensure
that all District students are duly apprised of their rights and responsibilities under
the GSRR.
5. In practice, in the past, administrators have not held disciplinary hearings for
special education students in timely manner, and have thereby inappropriately
increased the number of days such students are excluded from the classroom.
6. The hiring or continued employment of disciplinary hearing officers should be
informed by past performance. Hearing officers should have experience as both
teachers and administrators. Moreover, the Fisher Plaintiffs believe that it would
run counter to the intent of the revision of the District’s disciplinary policies to hire
or employ disciplinary hearing officers previously employed in the criminal justice
system as probation officers.
July 12 Comments
Page 1 of 4 of Fisher Plaintiffs’ 07/12/13 comments on TUSD proposed
GSSR
FISHER PLAINTIFFS’ 07/12/13 COMMENTS ON TUSD PROPOSED GSRR
FISHER COMMENT NUMBER 1
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Overall, the Fisher Plaintiffs are impressed by the District’s proposed GSRR. The Fisher
Plaintiffs also commend the District for its extensive consultation with multiple nationally
recognized experts in disciplinary policy. It is apparent that this collaboration will lead to a
much improved disciplinary policy. Within this context, the Fisher Plaintiffs offer the following
preliminary comments on what they consider to be a very promising draft of the GSRR.
FISHER COMMENT NUMBER 2
Plaintiff review would be greatly facilitated if the District could provide the GSRR in the final
format in which they will be distributed. Additionally, the Fisher Plaintiffs believe that the
GSRR would benefit from a user-friendly table grouping offenses.
FISHER COMMENT NUMBER 3
The coupling of PBIS and RP greatly increases the complexity of the GSRR. Is this increased
complexity and the confusion it is likely to create fully justified by the benefits of the two
approaches to discipline?
FISHER COMMENT NUMBER 4
It would be helpful if the District provided an accounting of all relevant positions provided for in
the USP and how those positions will interface with the GSRR.
FISHER COMMENT NUMBER 5
Who will ultimately be responsible for training teachers to adhere to the GSRR? It would be
helpful if the District were to provide a description of the those positions and the training they
will be required to conduct.
FISHER COMMENT NUMBER 6
Are the GSRR sufficiently intelligible or is their message diluted by too many and arguably
contradictory requirements and expectations and emphases?

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Attachment B. Mendoza Comments: Cover Letter and Redlined Comments
Attached are Mendoza Plaintiffs' comments and revisions to the GSRR, Policy JK and JJJ. In addition,
we make the following points:
•

•
•
•
•
•

The GSRR needs to use language that is understandable to students and parents. Its current
version is not very user friendly. Some of our edits attempt to simplify the language and in many
places we note that the language needs to be simplified for the audience's comprehension. We
also make organizational suggestions such as noting where subsection headings do not match
the content of the section or adding introductory language before launching into the substance so
that context is provided.
We recommend that a definitions section be provided and that the GSRR be reviewed for
consistency of use of particular words or terms.
The District should provide students with a meaningful opportunity to review the GSRR with
teachers/administrators and to ask questions. A classroom setting would be preferable to a large
assembly for this purpose.
We understand that TUSD decided against including a section on administrators/teachers
responsibilities in the GSRR. We recommend including it so that student/parents
understand what they are.
We share the concerns raised by Bill and DOJ that the severity of some Action Levels is
disproportionate to the conduct and have noted our concerns on the GSRR.
For ease of reference we have highlighted our track changes in green.

Regarding Policy JK: Mendoza Plaintiffs concur with the comments made by DOJ. We also suggest
adding language that provides for the consistent application of disciplinary measures across schools. We
have additional comments in the attached.

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DRAFT GUIDELINES FOR
STUDENT RIGHTS AND RESPONSIBILITIES (GSRR)
The purpose of the Guidelines is to assist students, parents, teachers, staff, and principals in creating and
sustaining an environment which will enhance the achievement of a positive learning process. To be
fully effective, the Guidelines for Student Rights and Responsibilities addresses:
Together, students, parents, teachers, staff, and principals share the responsibility in creating and
sustaining an environment that enhances student achievement in the Tucson Unified School District.
We ask for the support of students and parents to achieve this goal. The Guidelines for Student Rights
and Responsibilities (GSRR) addresses:
•
•
•
•
•

Students’ and Parents’ The rights and responsibilities of students and parents
Student cConduct which may require discipline
Administrators’ and teachers’ Administrative responsibilities for implementing discipline
Rresponsibilities of administrators and teachers to implement discipline, which includes behavioral
supports and interventions that address problems and support student success
Administrative responsibilities for Due Process

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Comment [n1]: Is there a more simple way to
describe what this means?

Parents and students are expected to read and understand these GuidelinesYou are encouraged to read
and develop a thorough understanding of the details of these Guidelines.
Please read these Guidelines and develop a thorough understanding of the details. By following the
Guidelines, you can help our school district become a safer and more supportive environment for the
students and staff.

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Governing Laws and Policies
Student discipline is subject to the provisions of Governing Board policies and state and federal laws.
Students will be disciplined in accordance with Governing Board Policy JK and its accompanying
regulations. Students with disabilities shall be disciplined in accordance with the Individuals with
Disabilities Education Act (IDEA), Section 504, and applicable Governing Board Policies and
Regulations – JK, Student Discipline; JK-R5, Discipline Of, and Alternative Interim Educational
Placements For, Special Education Students; and JK-R6, Discipline, Suspension, Expulsion for 504
Students—as applied to these Guidelines for Student Rights and Responsibilities. Students may also be
subject to applicable civil and/or criminal penalties if they violate the law.

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These Governing Board Policies and Administrative Regulations are available for review in the
principal's office and online at www.tusd1.org. Copies of this booklet are available in Spanish on the
reverse side of this booklet and can be obtained online at www.tusd1.org.

Estos Planes de Acción del Consejo Gobernante, y Reglamentos Administrativos se hacen disponibles
para revisión en la oficina del director escolar y en www.tusd1.org. Las copias en español de este
folleto están disponible al dorso de este folleto y se pueden obtener en línea en www.tusd1.org.

TUSD Governing Board:
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Comment [n2]: This paragraph should be in bold
or larger font so that Spanish speaking parents can
easily see it.

Adelita Grijalva, President; Kristel Ann Foster, Clerk; Michael Hicks; Cam Juarez;
Dr. Mark Stegeman
Superintendent: John J. Pedicone, Ph.D. Helidoro Torres (H.T.) Sanchez, Ed.D.
TABLE OF CONTENTS:
SECTION A: PURPOSE ...........................................................................................................

4

1. .................................................................................................................................. What Are
The “Guidelines For Student Rights And Responsibilities”
And Why Are They Needed? ..................................................................................... 4
2. ..................................................................................................................................When Are
The Guidelines For Student Rights And Responsibilities
In Force? .................................................................................................................... 5
SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES ....................
1.
2.
3.
4.

6

Students Have A Right To ............................................................................................... 6-7
Students Have A Responsibility To ................................................................................. 7
Parents And Guardians Have A Right To ........................................................................ 8
Parents And Guardians Have A Responsibility To.......................................................... 8

SECTION C: GENERAL INFORMATION ...............................................................................
1. Equal Education Opportunities & Anti-Harassment Policy
(Governing Board Policy JB)...........................................................................................
2. Governing Board Position On Gang Behavior And Activity ..........................................
3. Student Attendance (Governing Board Policy JE) .......................................................
4. Dating Abuse (Policy JICL) .........................................................................................
5. Bullying, Intimidation & Harassment (Policy JICFB) ..................................................
6. School Dress Code (Required At Every School)
(Governing Board Policy JICA) ......................................................................................
7. Bus Rules .........................................................................................................................
8. Student Use Of Cell Phones And Other Electronic Devices (Policy JICJ) .....................
9. Hazing (Policy JICFA) ....................................................................................................
10. Restorative Practices .......................................................................................................

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9
9
9
9
10
10
11
11
12
13

SECTION D: KNOW THE ACTIONS .................................................................................... 14
1. Conduct Which Must Be Reported To Law Enforcement .............................................
2. Conduct Which May Be Reported To Law Enforcement ...........................................
3. Due Process For General Education Students ............................................................
4. Due Process For Exceptional Education Students ......................................................
5. Out Of School Suspensions ..........................................................................................
6. Abeyance Contracts .....................................................................................................
7. Positive Behavior Intervention Support (PBIS) ...............................................................
8. Restorative Circles; Restorative Conferences ................................................................
9. Appeals ...........................................................................................................................
10. Expulsion ......................................................................................................................
11. Principal Application for Waiver Of Mandatory Disciplinary Actions ...........................
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14
14
14-15
15
15-16
16
16
16
17
17
17

TABLE OF CONTENTS (CONTINUED):
ACTION LEVELS (Levels 1-5) ................................................................................................
• Important Information ......................................................................................................
• Aggression .......................................................................................................................
• Alcohol, Tobacco and Other Drugs Violations................................................................
• Arson .............................................................................................................................
• Attendance Policy Violations (Out of School Suspension Not Permitted) .....................
• Dishonesty........................................................................................................................
• Harassment and Threat, Intimidation ...............................................................................
• Homicide; Kidnapping .....................................................................................................
• Other Violations of School Policies .................................................................................
• School Threat or Interference .........................................................................................
• Sexual Offenses .............................................................................................................
• Technology, Improper Use Of .........................................................................................
• Theft ................................................................................................................................
• Trespassing; Vandalism or Criminal Damage .................................................................
• Weapons and Dangerous Items (Possession Of) ............................................................

18
19
20
21-22
22
22-23
23
23
24
24
25
25
26
26-27
27
28

INDEX ........................................................................................................................................ 29-30
ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF PARENTS AND STUDENTS
(FERPA) ..................................................................................................................................... 31
ANNUAL NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS
AMENDMENT (PPRA) .............................................................................................................. 32

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SECTION A: PURPOSE
1. WHAT ARE THE “GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES” AND
WHY ARE THEY NEEDED?
Students need an environment that is safe and positive for learning. To help provide and maintain that
environment, the Guidelines for Student Rights and Responsibilities:
TUSD is committed to partnering with students and parents to provide an environment that is safe,
supportive, and conducive to learning, and is commited to strives to reduce racial and ethnic disparities
in the administration of school discipline. To help promote and maintain that environment, the
Guidelines for Student Rights and Responsibilities:
•
•
•
•
•

Specify the rights and responsibilities of students and parents
Describe conduct which violates those rights and responsibilities
Provide guidance and instruction to help students resolve discipline problems in a manner that
supports their development
Strive to standardize those procedures that the schools will use in responding to violations of
those rights and responsibilities
Assure the rights of students and parents are enforced when disciplinary action is taken

At different age levels, sStudents have different needs for safety, support, and learning at different age
levels. As students progress through our public schools, it is reasonable to assume that an increase in age
and maturity carries with it a greater responsibility for their actions. Differences in age and maturity are
recognized in determining the type of disciplinary action to be taken and the appropriate supports and
interventions. However, the procedures outlined in the Guidelines for Student Rights and
Responsibilities apply to all students in Grades K through 12.
Disciplinary consequences must be non-discriminatory, fair, age-appropriate, and correspond to the
severity of the student’s misbehavior. When considering responses to violations, the District strives to
keep students in the classroom whenever practicable. For all but the most severe offenses (Levels 4 and
5 in the “Action Levels” section of this document found at page__), exclusionary consequences such as
long-term suspension or expulsions must be limited to instances in which student misbehavior is
ongoing or escalating, and only after the District has first implemented and documented that nonexclusionary interventions have been attempted. If exclusionary discipline is imposed, students will have
fair due process that includes an opportunity to appeal. For all offenses, disciplinary consequences must
be paired with meaningful instruction and supportive guidance (e.g. constructive feedback and reteaching) so students are offered an opportunity to learn from their behavior and, where practicable,
offered an opportunity to continue to participate in the school community.
While prioritizing student, staff, and public safety, the District shall not use serious sanctions for lowlevel conduct (Action Levels 1-3 described at pages__), shall only involve School Safety and/or Law
Enforcement in high-level student discipline (Action Levels 4-5, described at pages __), such as when a
student is a danger to him/herself or others (to the extent permitted by law), and shall keep students in
the classroom setting whenever practicable as members of the school community.
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Comment [n3]: Does this mean that the GSRR
intends to ensure that consistent methods for
discipline are applied within and across schools?
Saying the following may be more clearly
understood: Strive to ensure consistent application of
disciplinary actions so that students from school to
school will receive similar actions for similar
violations.
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Comment [n4]: Should this term be defined?
Parents/students may not understand this term.
Perhaps a definitions section may be warranted.
Comment [n5]: See comment above.
Comment [n6]: May need to explain further so
parents and students understand what this means.
Comment [n7]: “Reteaching” needs to be
explained.
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All district personnel administering discipline to students should be informed if a student is protected as
a student with a disability under either Section 504 or IDEA or if the student is suspected of having a
disability and is being considered for an evaluation for a disability. There are specific discipline
procedures that must be followed for students who are considered disabled under these federal laws,
including determining whether the misbehavior is a manifestation of the student’s disability.
2. WHEN ARE THESE GUIDELINES IN FORCE?
2. WHEN DO THESE GUIDELINES APPLY?
The Guidelines are enforced:
During regular school hours
• While being transported on the school bus or other school district-sanctioned transportation
• At times and places where the principal or other school official or employee has jurisdiction over
students
• During school-sponsored events
• During field trips
• During athletic functions
• When students are going to and from school (“portal to portal”)
• During other activities associated with the school in any way

Comment [n8]: This is too vague and needs to be
revised so that students understand when the
guidelines apply.

Additionally, the principal is authorized to begin disciplinary action when a student's misconduct away
from school has a detrimental effect on the other students, or on the orderly educational process, because
the violation is directly connected to prior violations at school, or threatens to produce further violations
at school.

Students or parents of students who believe they have
experienced discrimination, harassment, hazing, bullying, or
unfair disciplinary actions, may file a complaint with the site
Principal, Assistant Principal, the Department of Student
Equity at 225-6686,
or online at www.tusd1.org/deseg
Parents who believe their student has experienced
discrimination, harassment, hazing, bullying,
or unfair disciplinary actions, may file a complaint with the
site Principal, Assistant Principal, the Department of Student
Equity at 225-6686, or online at www.tusd1.org/deseg
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SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES

Comment [NR9]: This title should be changed to
include teacher and administrator rights and
responsibilities.

Tucson Unified School District believes that educating a student is a collaborative effort with the student
and parent. To support this collaboration we realize that each party has rights and responsibilities. The
following list of identification of these rights and responsibilities is a general list to provide
guidelines, with thenot intenedtion to be of not being comprehensive or all-inclusive. (See Policy JI
“Rights and Responsibilities”)

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1. STUDENTS HAVE A RIGHT TO:
a. Learn in a safe, clean, orderly and positive environmentclimate – one that is unbiased,
nonjudgmental, and free from prejudice, discrimination, verbal or physical threats and abuse.
b. Receive high quality instruction that is comprehensible and appropriate to their level of academic
and linguistic development.
c. Be expected to achieve at high levels.
d. Receive differentiated instruction to meet individual needs.
e. Receive appropriate accommodations to meet individual needs (as supported by documentation)
f. Express their ideas and perspectives on issues and topics relevant to their education, including
school policies and procedures. Express their ideas and perspectives on issues and various topics
g. Participate in student activities.
h. Be treated with respect, and to be treated as a unique individual with differing needs, learning
styles and abilities in a manner that encourages and enhances individual self-esteem.
i. Be treated in a fair and equitable manner by teachers and administrators
j. Privacy. (See the “Notification of Privacy Rights of Parents and Students” at page 32)
k. Due process of law.
l. SHave school rules that are enforced in a consistent, fair and reasonable manner.
m. Be free to Rrequest an interpreter or translator at any step of the disciplinary process.
n. Be free from retaliation, from fear of retaliation, and from sex discrimination and sexual
harassment at school, including dating abuse. A victim of dating abuse has the right to transfer
to another school. (See Policy JICL “Dating Abuse”).
o. Receive disciplinary actions that are fair, equitable, non-discriminatory, and are in accordance
with the Guidelines for Student Rights and Responsibilities (GSRR).
p. Have tTeachers and administrators who will follow all District policies related to known
allegations of Discrimination, Harassment, Hazing, Bullying, and incidents that require
Mandatory Reporting. Such known allegations or incidents must be reported by teachers to the
site administration immediately.
q. Be treated in a manner that is respectful of and responsive to their cultural traditions
r. Administrators who will:
• model appropriate behavior and expect appropriate behavior from students and teachers.
• hold students and teachers accountable for student learning.
• expect parents to be collaborative partners regarding student achievement.
• work collaboratively with the Department of Student Equity and Intervention.
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Comment [n10]: This language should be
simplified so that students understand it.

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Comment [n11]: Query: Does a victim of sexual
harassment have a right to transfer to another school
as well?
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Comment [n12]: This language should be
simplified.
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•

s.

t.
u.

v.
w.
x.

y.
z.

host student assemblies or other appropriate meetings to communicate positive core values
and behavioral expectations, and to explain the GSRR, Positive Behavioral Interventions and
Supports (PBIS), and Restorative Practices (RP) in an age-appropriate manner.
• hold informational sessions for parents at least twice per school year at each school, which
shall include information regarding GSRR, PBIS, RP, due process and appeal procedures,
and guidance for making parent complaints about student discipline.
• make decisions regarding removing students and/or staff for safety reasons.
• discipline students in accordance with the GSRR.
• Consistently and accurately report discipline consequences for each student in the data base
system
Full access to opportunities within the educational environment without experiencing
discrimination on the basis of race, color, religion/religious beliefs, sex, gender, gender identity,
age, national origin, sexual orientation, creed, citizenship status, marital status, political
beliefs/affiliation, disability, home language, or family, social or cultural background. This
includes the availability of all support services which promote the development of student
potential (See Policy AC “Non-Discrimination”, ACA “Sexual Harassment”, and JB “Equal
Educational Opportunities and Anti-Harassment”).
Acquire English language competency and such other languages as may be available at the
school for students to study.
Access to a classroom environment that encourages the use of English, promotes appreciation of
other languages, and respects students’ right to use their native language to facilitate
communication and enhance academic achievement.
Access to culturally relevant books and other reading materials for supplementary and
recreational use, including materials that may be available in other languages other than English.
Access to non-instructional interpretation services when communicating with the school, and in
some cases, to translated copies of certain school forms and documents.
Receive a copy of the Guidelines for Student Rights and Responsibilities (GSRR) at the
beginning of each school year, with an opportunity to discuss the handbook and ask questions.
.
Have aAccess to their formal student records, including disciplinary records.
Have aAccess to school assignments/homework while serving a disciplinary suspension for the
duration of the suspension class period (quarter or semester) and have options for alternative
instructional opportunities for any remaining suspension.

2. STUDENTS HAVE A RESPONSIBILITY TO:
a. Attend school daily according to school district adopted calendar, arrive on time, bring
appropriate materials, complete assignments and be prepared to participate in class and complete
assignments.
b. Strive for academic growth and to strive for their personal best.
c. Participate fully in the classroom, curriculum and learning process during the entire class period.
d. Uphold an environment that allows fellow students to have an equal access to educational
opportunities.
e. Uphold an environment that allows fellow students to be free from discrimination, harassment,
hazing and bullying.
f. Make up work resulting from an absence.
g. Respect the rights, feelings, and property of fellow students, parents, school staff, visitors,
guests, and school neighbors.
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Comment [013]: Should this be “official” or is
“formal” correct?
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h. Conduct themselves properly in an appropriate and respectful manner while on school grounds,
school buses, at bus stops, at any school-related activity, and in the classroom, so as not to
interfere with the rights of another student to learn and so as to contribute to a safe and orderly
environment that is conducive to learning.
i. Display behavior that does not compromise the safety of other students and/or staff.
j. Follow discipline guidelines adopted by the school and district.
k. Protect and take care of the school’s property.
l. Abide by the governing board policies and regulations.
m. Assist the school staff in running a safe school, and to help maintain the safety and cleanliness of
the school environment.
n. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities handbook (GSRR).
3. PARENTS AND GUARDIANS HAVE A RIGHT TO:
a. Receive official reports (quarterly or more frequently) of the student’s academic progress,
attendance and behavior in a timely manner and on a consistent basis.
b. Request and be granted conferences with teachers, counselors and/or the principal.
c. Receive explanations from teachers about their student’s grades and disciplinary procedures.
d. Read all school records pertaining to their student.
e. Receive a copy of the Guidelines for Student Rights and Responsibilities handbook (GSRR).
f. Receive immediately an oral and a written notification anytime a student is sent home or
removed from their classroom environment for any safety and/or disciplinary reason, this
includes short-term and long-term suspensions.
g. Request an interpreter or translator at any step of the process.
h. Request a review of all disciplinary actions relating to their student.
i. Non-instructional interpretation services when communicating with the school, and in some
cases, to translated copies of certain school forms and documents.
j. Direct their student’s education, upbringing and moral or religious training.
k. Access and review all records relating to their student.
l. Make health care decisions for their students who are under the age of 18 minor child.
m. Access and review all medical records of their students who are under the age of 18 minor child
unless otherwise prohibited by law or the parent or guardian is the subject of an investigation of
a crime committed against the minor child and a law enforcement official requests that the
information not be released.
n. Consent in writing before:
•
•
•
•

a biometric scan of the minor child is made.
a record of the minor’s blood type? or DNA is created, stored or shared.
genetic testing is conducted on the minor, unless required/authorized by law or court order.
the state or any of its political subdivisions makes a video or voice recording of the minor, unless the
recording is made during or as a part of: a court proceeding; a forensic interview in a criminal or child
protective services investigation; or for use solely in any of the following: safety demonstrations,
including the maintenance of order and discipline; a purpose related to a legitimate academic or
extracurricular activity; a purpose related to regular classroom instruction; security or surveillance of
buildings or grounds; or, a photo identification card.

o. Obtain information about a child protective services investigation involving the parent.
p. Be notified promptly if an employee of this state, any political subdivision of this state, any other
governmental entity or any other institution suspects that a criminal offense has been committed
against the minor child by someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would impede a law enforcement or
child protective services investigation. This paragraph does not create any new obligation for
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Comment [n14]: Parents need to be advised
when in school suspensions occur.
Comment [n15]: Does this refer solely to
disciplinary process or more generally? Please
clarify what “any step of the process” refers to.
Comment [n16]: What does “non-instructional
interpretation services” mean? Can this be
simplified so parents can more readily understand it?
Comment [n17]: This goes without saying. Why
is it included here?
Comment [n18]: This appears to be duplicative
of d. above.
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Comment [n19]: Do parents know what this is?
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Comment [n20]: Which parent does this refer
to? Can the parent requesting the information obtain
information about a CPS investigation that involves
the same parent?

TUSD to report misconduct between students at school, such as fighting or aggressive play, that
are routinely addressed as student disciplinary matters by the school.
q. Express appropriately their ideas and perspectives on issues and topics relevant to their child’s
education, including school policies and procedures.
r. Be treated in a manner that is respectful of and responsive to their cultural traditions.
4. PARENTS AND GUARDIANS HAVE A RESPONSIBILITY TO:
a. Work with teachers to support student achievement.
b. Attempt to participate and be active at their student’s school.
c. Be partners with school staff by sharing appropriate ideas for improving student learning and by
helping to prevent and/or resolve student discipline problems.
d. Provide supervision of the student’s health, physical and emotional well being, and assume
responsibility for the student’s timely regular attendance at school.
e. Promptly provide the school with explanations for student absences or tardiness.
f. SupportEnsure student compliance with school and district policies and regulations.
g. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities (GSRR)
MENDOZA PLAINTIFFS WOULD LIKE TO SEE THE SECTIONS DEALING WITH
TEACHER AND ADMINISTRATOR RIGHTS AND RESPONSIBILITIES THAT WERE
INCLUDED IN THE JULY 9 SUBMISSION TO THE GOVERNING BOARD BE INSERTED IN
THIS SECTION OR EXPANDED IN THE STUDENT RIGHTS SECTION DEALING WITH THEIR
RIGHTS VIS A VIS ADMINISTRATORS AND TEACHERS.

Comment [021]: While this is something that
surely should be encouraged, we are concerned that
saying a parent or a guardian has an affirmative
responsibility to participate and be active at a child’s
school creates a standard (and an opportunity for
criticism) that some parents and guardians simply
cannot meet. Why is it necessary?
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WITH RESPECT TO THE TEACHER RESPONSIBLITIES, THE FOLLOWING SHOULD BE
ADDED:
Conduct themselves in a manner that contributes to a positive school climate – one that is
unbiased, nonjudgmental, and free from prejudice, discrimination, verbal or physical threats and abuse.
Reference roles of RPPC and RPPSC in relation to teachers

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WITH RESPECT TO ADMINISTRATOR RESPONSIBILITY:
Reference roles of RPPC and RPPSC in relation to administrators
Ensure that the administration of student discipline does not result in unlawful discrimination or
disproportional impact or treatment based on race or ethnicity
That student behavior policies and discipline practices are not considered in isolation but as part of an
overall goal of creating an inclusive and supportive envirornment
g.

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SECTION C: GENERAL INFORMATION

Comment [NR22]: Instead of calling this section
“General Information” what about calling it “District
Policies Related to Student Conduct and
Discipline”?

1. EQUAL EDUCATIONAL OPPORTUNITIES AND ANTI-HARASSMENT (POLICY JB)
It is the policy of the TUSD to prohibit discriminatory harassment based on real or perceived race, color,
religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, parental status,
status with regard to public assistance, limited proficiency in English, or family, social or cultural
background, or any other reason not related to the student’s individual capabilities or on the basis of
association with others identified by these categories. TUSD shall act to investigate all complaints of
discriminatory or other harassment, formal or informal, verbal or written, and to discipline or take other
appropriate action against anyone who is found to have violated this policy.

2. GOVERNING BOARD POSITION ON GANG BEHAVIOR AND ACTIVITY
The behaviors that have become associated with gang activity or membership, especially violence,
intimidation, and disrespect will not be tolerated on or near school property or in activities associated
with school. In accordance with this position, any students engaging in gang activities will be
disciplined to the fullest extent of TUSD policies, and prosecuted, if applicable, according to local
ordinances, and state and federal laws.
Gang: An ongoing, formal or informal organization or group of persons whose members act in concert for antisocial or
criminal purposes, and who are identified with a common name, or common signs, colors, or symbols.
Gang-Related Incident: An incident is considered gang-related when the participants, whether perpetrators or victims, are
identified as gang members or affiliates, and where a reasonable person would conclude that the incident was motivated, in
whole or in part, by a desire to promote or otherwise impact gang interests.
Bias-Related and Hate-Related Incidents: An incident is considered bias-related or hate-related when a reasonable person
would conclude that it was motivated, in whole or in part, by the perpetrator's bias or attitude against an individual victim or
group based on perceived or actual personal characteristics. Such characteristics include: ancestry or ethnicity, disability, sex,
gender, immigration or citizenship status, race, religion or religious practices, or sexual orientation.

3. STUDENT ATTENDANCE (POLICY JE)
Regular attendance is essential for success in school; therefore, absences shall be excused only for
necessary and important reasons. Such reasons include illness, bereavement, other family emergencies,
and observance of major religious holidays of the family’s faith. A Parent/Guardian should notify the
school prior to the absence/tardy with a call, note or email that his/her child is unable to attend or will be
late to school. The call, note or email must address the date/time and reason for the absence.

4. DATING ABUSE (POLICY JICL)
Dating abuse is a pattern of behavior in which one person uses or threatens to use physical, sexual,
verbal, or emotional abuse to control the person’s former or present dating partner. Behaviors used may
include, but are not limited to, physical abuse, emotional abuse, sexual abuse, and/or threats. TUSD is
committed to maintaining a school campus environment that is safe and secure for all students, and
dating abuse will not be tolerated. TUSD employees aware of dating abuse shall respond in a manner
consistent with District training. Students are encouraged to report all known or suspected instances of
dating abuse involving themselves or other students.
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Comment [n23]: This section is much too vague
and leaves a lot of room to tag students as gang
members without any evidence.

5. BULLYING, INTIMIDATION AND HARASSMENT (POLICY JICK JICFB)
Bullying is a form of harassment. Bullying is the repeated intimidation of students by the real or
threatened infliction of physical, verbal, written, electronically transmitted, or emotional abuse, or
through attacks on the property of another (including verbal taunts, name-calling and put-downs, and
extortion of money or possessions). Students who engage in any act of bullying while at school, at any
school function, in connection to or with any District sponsored activity or event, or while en route to or
from school, are subject to disciplinary action.

6. SCHOOL DRESS CODE (REQUIRED AT EVERY SCHOOL) (POLICY JICA)
The general guide to acceptable school dress is neatness, cleanliness and appropriateness. While the
school cannot and does not dictate styles, it is expected that students will abide by the following rules
demonstrating appropriateness in dress as though this were their daily place of business.
•
•
•
•
•
•

Shoes are required to be worn in school.
Hats and sunglasses may be worn outside in the sun for an extended period of time for protection
from the sun. A principal in collaboration with School Safety may institute stricter requirements
at a high school experiencing safety-related issues.
No bandannas may be worn.
Dark glasses may not be worn inside buildings unless a documented health problem exists.
No gang related apparel or items are allowed.
Students may not wear clothing or accessories in school buildings or on school grounds that are:
o Hazardous, damaging, or presenting danger to school property or persons including but
not limited to: extended belts (belts should fit proper length), choke chains, dog collars,
wallet chains or any type of spiked apparel or jewelry;
o Depicting and/or promoting and/or endorsing illegal or violent activities illegal drugs,
tobacco or alcohol;
o Vulgar, obscene, indecent, libelous, or degrading of others on the basis of race, color,
religion, ancestry, national origin, sex, gender, sexual orientation or disability; and/or
o Distracting so as to interfere with the teaching or learning process such as extremely
revealing garments including but not limited to short shorts, short skirts, short dresses
(must cover buttocks while standing and sitting), tube tops, net tops, swimsuits, strapless
tops, spaghetti strap tops, halter tops, muscle shirts, basketball shirts without an
accompanying T-shirt, no tights or leggings to be worn as pants, garments with plunging
necklines, transparent and see through garments, (midsections must be covered and
undergarments shall be completely covered with outer clothing).

Comment [n24]: This is vague and needs to be
clarified.

Comment [n25]: If this attire is common
knowledge to the administration and security staff, a
list of gang-related apparel should be developed and
utilized as a reference at all schools for consistent
application.

Students who violate TUSD’s dress standards may be asked to do any of the following depending upon
the specific circumstances:
•
•
•
•

Turn inappropriate clothing inside out.
Change into clothing that may be provided by the school.
Change into other clothing which has been brought to school.
Remove the jewelry or other accessory.

*NOTE: These dress guidelines represent the minimum standards. Individual school sites may adopt
additional guidelines which will be distributed to all students at the beginning of each school year and if
amended, at the time they are amended. Students wearing inappropriate clothing to school are given an
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opportunity to change clothing or they will be released from school in the company of the
parent/guardian.

7. BUS RULES
Student Behavior Policy
Proper student behavior contributes to the overall safety and comfort of the ride to and from school.
Following driver directions and all ridership rules is paramount to maintain a safe and enjoyable ride
for all. Infractions will be dealt with through the District-approved Student Conduct policies which
include driver interventions, the student's principal, and other administrators as deemed appropriate.
Riding is a privilege; parents and students should discuss and make sure they know the rules:
• Always comply with bus driver’s/monitor’s directions
• Use classroom voice only (no profanity/loud noises/threats/intimidation)
• Remain seated; keep hands, feet, and head inside bus
• All personal possessions must be under control at all times
• Keep unauthorized materials and substances off bus (animals, glass objects, weapons,
illegal substances, or large objects that occupy a seat space)
• No eating or drinking on the bus
AS a last resort, violations of these bus rules may result in the loss of bus privileges for a
limited time.

Safety Precautions for Students
• Know the route to and from the bus stop, safety precautions and common courtesies to be
maintained en route and at the bus stop.
• Know the correct bus route number.
• Discuss what to do if the bus is late in the morning or no one is home in the afternoon
• ALWAYS board/depart the bus at the correct stop as known and approved by the parent.

8. STUDENT USE OF CELL PHONES AND ELECTRONIC DEVICES (POLICY JICJ)
For purposes of this policy, “electronic devices” include, but are not limited to, cell phones, Mp3
players, iPods, personal digital assistants (PDA’s), e-book readers, compact disc players, portable game
consoles, cameras, digital scanners, lap top computers, tablet computers and other electronic or battery
powered instruments which transmit voice, text, or data from one person to another.
Students may possess and use cellular telephones and/or other electronic signaling devices subject to
limitations of this and other policies of the District under the following conditions and guidelines:
• Cell phones and/or electronic devices are to be kept out of view in a student’s locker, pocket, or a
carrying bag.
• Such devices shall not be turned on or used during instructional time, except as authorized by the
teacher.
• The principal shall establish additional guidelines appropriate to campus needs.
• Students violating the policy may have the electronic device confiscated and be subject to
disciplinary action. Any search of the contents of an electronic device shall be by an
administrator in accordance with the Guidelines for Students Rights and Responsibilities.
21

Reasonable efforts will be taken to secure property that has been confiscated; however, neither the
School District nor the School District Staff is responsible for loss, damage, or theft of any
electronic device including but not limited to cell phones, laptops, tablet computers, portable
media player brought to school, even if loss, damage or theft results from the device being
confiscated.
9. HAZING (POLICY JICFA)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged
in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be
promoted to District schools within twelve (12) calendar months. For purposes of this policy a person as
specified above shall be considered a “student” until graduation, transfer, promotion or withdrawal from
the District school.
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually
or in concert with other persons, against another student, and in which both of the following apply:
•
•

Comment [026]: Is someone who is suspended
“enrolled”? Is this broad enough to cover such
hazing by a suspended student? Are there any
programs that are District supported that are not
based in a school? For example, extended illness.
Are these students still enrolled?

The act was committed in connection with an initiation into, an affiliation with, or the
maintenance of membership in any organization that is affiliated with an education institution.
The act contributes to a substantial risk of potential physical injury, mental harm or degradation,
or causes physical injury, mental harm or personal degradation.

“Organization” means an athletic team, association, order, society, corps, cooperative, club, or similar
group that is affiliated with an educational institution and whose membership consists primarily of
students enrolled at that educational institution.
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
• Customary athletic events, contests or competitions sponsored by an educational institution.
• Any activity or conduct that furthers the goals of a legitimate educational curriculum, a
legitimate extracurricular program, or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual
authority to prevent violations of this policy. Students and others may report hazing to any professional
staff member. Professional staff members must report the incident to the school administrator or next
higher administrative supervisor, in writing, with such details as may have been provided. A failure by a
staff member to timely inform the school administrator or next higher administrative supervisor of a
hazing allegation or their observation of an incident of hazing may subject the staff member to
disciplinary action in accord with District policies. The staff member shall preserve the confidentiality
of those involved, disclosing the incident only to the appropriate school administrator or next higher
administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing
which includes possible child abuse or violations of statutes known to the staff member shall be treated
in accord with statutory requirements and be reported to a law enforcement agency.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure
shall be posted conspicuously in each school building and shall be made a part of the Rights and
Responsibilities section of the student handbook. Forms for submitting complaints are to be available to
students and staff in the school offices. Disposition of all reports/complaints shall be reported to the
22

Comment [NR27]: This can be interpreted as
merely observing hazing may subject staff to
discipline. It should be clarified.

Superintendent. The Superintendent will determine if the policies of the District have been
appropriately implemented and will make such reports and/or referrals to the Board as may be
necessary.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties
provided for in District policies related to the conduct and discipline of students, staff, and others.

10. POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS; RESTORATIVE
PRACTICES
TUSD has adopted Positive Behavioral Interventions and Supports (“PBIS”) and Restorative Practices
as school-wide approaches to classroom management and student behavior.

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PBIS is a set of strategies and structures to assist schools to establish a positive school culture by
constructively teaching school rules and social-emotional skills; positively reinforcing appropriate
student behavior; using effective classroom management strategies to provide early intervention for
misbehavior; and developing a continuum of graduated and appropriate consequences for more serious
and continuous behavior. PBIS is an evidence-based, proactive, data driven framework that includes a
range of tiered interventions designed to prevent problem behavior while teaching socially appropriate
behaviors. The focus of PBIS is creating and sustaining school environments for all students in which
appropriate behavior is supported and problem or disruptive behavior is redirected. This culture is
created by:
• Defining and teaching behavioral expectation
• Monitoring and acknowledging appropriate behavior
• Providing corrective and appropriate consequences for behavioral errors
• Providing appropriate services for students who need additional behavioral supports
• Using a team-based management system to oversee the PBIS program
• Using referral data for problem solving

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Restorative Practices is a framework to give those affected by conflict the tools and principles needed to
resolve problems and build relationships. They focus on the emotional and social disturbance created by
conflict and provide a process for holding students accountable for their actions while building a
supportive school environment. Restorative Practices are an approach that seeks to develop good
relationships and restore a sense of community. Restorative Practices:
• focuses on repairing harm caused by an offending behavior, while holding the wrongdoer
accountable for his/her actions;
• provides an opportunity for the affected parties (victim, wrongdoer, and community) to identify
and address their needs as a result of the offending behavior, and make amends or find a
resolution; and
• surrounds the affected parties with a community of care, in which all parties share in the
resolution of the problem.

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In schools, Restorative Practices provides a proactive approach for building a community of care based
on collaboration, mutual understanding, and reciprocated respect. This process holds students
accountable for their actions while, at the same time, building a caring school environment. Attention is
given to the victim and the wrongdoer, whether they are student or staff. Restorative Practices allows
wrongdoers an opportunity to rejoin the school community after they have made amends. See Section
D(8) below for a description of Restorative Practice strategies that may be used by sites.
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All sites shall have or share a Restorative and Positive Practices Site Coordinator (“RPPSC”). A
school’s learning supports coordinator may be designated to serve as the RPPSC for the site. The
RPPSCs shall be responsible for assisting instructional faculty and staff to: (a) effectively communicate
school rules; (b) reinforce appropriate student behavior; and (c) use constructive classroom
management, positive behavioral interventions and supports, and restorative practices strategies. The
RPPSC shall also be responsible for evaluating their school site’s behavior and discipline practices to
ensure that they are language-accessible and working with site staff and the District Restorative and
Positive Practices Coordinator to develop corrective action plans for administrators or certificated staff
as necessary.

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Comment [NR28]: The title of this section
should be more descriptive of what is included in
this section.

SECTION D: KNOW THE ACTIONS
ADMINISTERING THE GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES
This section discusses categories of violations and the possible TUSD actions in response to those
violations. The list of violations and actions in response to them are based on Arizona Department
of Education guidelines. The Arizona Department of Education has developed a list of violations as
well as a list of possible actions a school district may take in response to a violation. TUSD has
categorized these possible disciplinary actions into five levels depending on the severity of the violation
and then assigned a disciplinary action level to each violation depending on the severity of the violation.
By requiring all schools to use these guidelinesIn this way, students from school to school will receive
similar disciplinary actions for similar violations. A major consideration in the application of the
Guidelines for Student Rights and Responsibilities is to identify the most appropriate disciplinary action
necessary to bring about positive student behavior. Actions are not to be considered in isolation but
rather as part of the overall goal of creating inclusive and supportive environments for students. At the
elementary level, the age and developmental level of the child may be considered in interpreting the
severity of the discipline imposed. Student services personnel, such as counselors, social workers,
learning support coordinators, or psychologists, play a vital role in assisting the student in resolving any
problems influencing the student’s behavior.

1. CONDUCT WHICH MUST BE REPORTED TO LAW ENFORCEMENT
It is important for all staff, students, and parents to understand that, in addition to taking disciplinary
action at the school level, certain criminal behavior must be reported to appropriate law enforcement
agencies. The law requires sSchool officials are required to report the following incidents:
24

Comment [n29]: This paragraph should go at the
beginning of the section entitled “Action Levels.”
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Comment [n30]: How will we know that schools
are applying disciplinary actions in a consistent
manner?
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Use or threat to use a deadly weapon or dangerous instrument
Aggravated Assault resulting in physical injury
Sexual conduct with a minor under 15 years of age
Possession, use, sale, or attempted sale of illegal drugs

Homicide
Sexual Assault
Armed Robbery
Kidnapping

Burglary in the first degree
Arson of an occupied structure
Any dangerous crime against minors
Bomb threats

Additionally, pursuant to A.R.S. § 13-3620, school personnel are required to immediately report any
reasonable belief of non-accidental physical injury, neglect, or sexually related offense against a minor.
“Physical injury” means the impairment of physical condition, and may include any skin bruising,
pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone,
subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that
imperils health or welfare. (See A.R.S. § 13-3623(F)(4))

2. CONDUCT WHICH MAY BE REPORTED TO LAW ENFORCEMENT
Additionally, the administrator MAY report to law enforcement agencies other potentially disruptive
incidents when necessary to maintain safety. When appropriate, school officials should utilize
supports and interventions that provide guidance and structure to the student and help them to improve
their behavior without involving law enforcement. An administrator must immediately notify an
Assistant Superintendent or Director, and the Department of Student Equity and Intervention, when
law enforcement is contacted. Incidents that may be reported to law enforcement when necessary to
maintain safety include, but are not limited to, the following:
Possession, sale or distribution of dangerous substances, including alcohol, tobacco or legal drugs
Demonstration by students which is likely to create unsafe conditions
Threats
Setting off a false fire alarm
Assault
Vandalism

3. DUE PROCESS FOR GENERAL EDUCATION STUDENTS
Any student whose conduct may warrant suspension or expulsion will be provided due process. This is
a legal safeguard that protects the rights of students and their parents and is constitutionally guaranteed.
Due process steps include:
•
•
•
•
•
•
•
•
•

Comment [n31]: This should be explained
further to ensure students/parents understand what it
means.

Comment [n32]: “School Personnel” was used
above to describe what their obligations are
regarding mandatory reporting to law enforcement.
Consistent terms should be used unless a different
meaning is intended in this section.
Comment [n33]: See comment above.
Comment [n34]: Need to specify who a Director
is.
Comment [n35]: How is “demonstration”
defined?
Comment [n36]: Suggestion: have a list of
students’ due process rights and a separate one for
parents’ rights.
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Comment [n37]: This bullet is confusing. Which
student is being removed? The one who allegedly
committed the violation or the victim? Can the
language about the hearing following as soon as
practical be a separate bullet or is it tied to the
removal of a student. Is a hearing different than an
informal hearing or meeting referenced in the bullet
above?
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Oral or written notice to the student of the charges against presented to the student;
An opportunity for the student charged with a violation to present his or herthe student's side of
the story in an informal hearing or meeting;
Removing a student from school The allowance, for safety considerations, for a student to be
removed from the school prior to an informal hearing;
with that hearing to follow as soon as practical;
Adequate notification of what and to whom? and an opportunity for a fair hearing for whom?;
Written notification to parents about suspension of student;
That parents will be informed in writing of all suspensions and that they have the right to a
conference with the principal;
That if parents are not satisfied with any school official's decision they are entitled to request a
review by the school official's immediate supervisor;
Formal due process in long-term suspension and expulsion proceedings

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0.25"
Comment [n38]: Is this the same as the first two
bullets?
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Comment [n39]: Do parents receive written
notification only when a suspension is involved or
do they get notification of the resolution of any
disciplinary action?
Comment [n40]: This repeats the bullet above.
Comment [n41]: What does this mean?
Students/parents may not understand the meaning of
this.
Formatted: Bullets and Numbering

25

•
•

Students and parents are provided with a fair, impartial and language-accessible proceeding,
which complies with applicable state and federal law before exclusionary punishment or
discipline is imposed
A right to appeal disciplinary decisions

Formatted: Highlight

Comment [n42]: Does this apply to all
disciplinary decision? If so, it should say so.

4. DUE PROCESS FOR STUDENTS WITH 504 PLANS OR IEPs
Students with disabilities under Section 504 or IDEA (Individuals with Disabilities Education Act) (and
students suspected of having a disability) may be disciplined in the same manner as any other student
and may be suspended for up to 10 cumulative days of school per school year. If a suspension beyond
10 cumulative days is contemplated, the following special procedures are requiredthat must be
followed.:
A manifestation determination conference must be held prior to the 11th day of suspension
• If the manifestation determination conference concludes that the student’s behavior is a
manifestation of the student’s disability, then no further disciplinary action can be taken. The
504 or IEP team should convene to develop an appropriate behavior plan for the student.
• If the manifestation determination conference concludes that the student’s behavior is not a
manifestation of the student’s disability, the District may impose whatever long-term suspension
or expulsion it would impose under the same circumstances if a non-disabled student were the
offender. The District has no obligation to continue to provide educational services to a 504
student during the period of a long-term suspension or expulsion. However, the District must
continue to provide educational services for students eligible under IDEA. Please refer to the
appropriate Governing Board regulations JKA and JKAB and to the Exceptional Education
Handbook for specific procedures.

Formatted: Highlight

Formatted: Highlight

Comment [n43]: This should be explained in
simpler terms.

Comment [n44]: See comment above.

Comment [n45]: Doesn’t this contradict the USP
intention of keeping students in school?

A student with a disability under IDEA may be referred to an Interim Alternative Educational Settings in
certain circumstances regarding the use or possession of drugs, weapons, or serious bodily injury. Refer
to the Exceptional Education Handbook for specific procedures.

Comment [n46]: A discussion of in school
suspensions is missing. Out of school suspensions
needs to be defined.
Comment [n47]: How is a short-term suspension
defined?
Comment [n48]: It would be good to provide
examples of when short-term suspensions are
imposed.

5. OUT OF SCHOOL SUSPENSIONS
Short-Term Suspension – A principal or principal’s designee may suspend a student from school for
up to ten (10) from one (1) to ten (10) school days due to misconduct, depending on the severity of the
misconduct. However, principals may take this action only after they have exhausted informal
disciplinary strategies have identified, implemented, and documented appropriate behavior interventions
for a reasonable duration. (See interventions listed under Action Level 1 at page__ for examples of
appropriate strategies). Such efforts must be made before principals may suspend students for low-level
conduct (Action Levels 1-3). Only after implementing interventions with fidelity may a principal reject
them as inappropriate in a given situation, and resort to short-term suspension as a consequence.
Conferences to resolve the problem must be scheduled with the parent, student, and other appropriate
26

Comment [n49]: To avoid confusion, it would
be good to list them here.
Formatted: Highlight
Comment [n50]: Under what circumstances
would a student be suspended for low-level
misconduct?
Comment [n51]: Must the interventions be
implemented before suspensions for low-level
conduct only or are the interventions required for
higher level misconduct as well?
Comment [n52]: This sentence needs to be
simplified so students/parents understand its
meaning.

school staff members as part of the continuum of supports and interventions implemented to support
student success.
Make-up Work (Short-Term Suspension)
If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. Governing Board Policy Regulation JK-R1, Short Term Suspension states: “The
student is allowed access to class assignments and to make up tests upon return to school. Homework
must be made available for the parent to pick up at the school office.” It shall be the parent’s and
student’s School administrators should assist parents and students with the shared responsibility to make
arrangements to obtain such assignments and homework and to have completed assignments returned to
the school for grading and credit. One set of assignments must be completed and returned before another
set of assignments can be picked up. Students on suspension who successfully complete such
assignments shall be allowed a reasonable time to take makeup tests upon returning to school.
Suspended students During the term of the suspension, the student isare prohibited from being on the
premises of anyto remain away from all Tucson Unified School District schools and participating in any
TUSD activities during the term of the suspension. If it is necessary to come to a school, the student
must make prior arrangements with the principal or principal’s designee.

Long-Term Suspension – A Hearing Officer may suspend a student from school for up to 180 days.
Long-term suspensions of more than 45 days shall not be imposed except for Violations at Level 5.
Hearing Officers may Principals take this action only after the site administration has when they have
exhausted other disciplinary strategies (Ssee interventions listed under Action Level 1 at page __ for
examples of appropriate strategies), or when they have at least considered those alternatives and rejected
them as inappropriate in a given situation. Conferences to resolve the problem must be are scheduled
with the parent, student, and other appropriate school staff members at appropriate times as part of the
continuum of supports and interventions implemented to support student success. Students suspended
more than 20 days may have an option to enroll in the “Life Skills” alternative to suspension program.
Make-up Work (Long-Term Suspension)
If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. School administrators should assist parents and students with the shared
responsibility to make arrangements to obtain such class assignments and homework and to have
completed assignments returned to the school for grading and credit. One set of assignments must be
completed and returned before another set of assignments can be picked up. Students on suspension
who successfully complete such assignments shall be allowed a reasonable time to take makeup tests
upon returning to school. Homework will be made available by the student’s teachers for the remainder
of the grading period. However, because of the difficulty in students keeping up with class work
through homework alone, without an instruction component, after the end of a grading period, students
will receive academic support through a TUSD alternative program such as distance learning.
Suspended students are prohibited from being on the premises of any Tucson Unified School District
schools and participating in any TUSD activities during the term of the suspension.During the term of
the suspension, the student is to remain away from all Tucson Unified School District schools and
activities. If it is necessary to come to a school, the student must make prior arrangements with the
principal or principal’s designee.

6. ABEYANCE CONTRACTS (REGULATION JK-R4) (POLICY JK-R4)
27

Comment [n53]: This should be included in the
students’ due process rights above.

Formatted: Highlight
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Comment [n54]: It would be good to begin with
a definition of what is a long-term suspension.
Comment [n55]: This is the first mention of a
Hearing Officer. It would be helpful to describe the
role and context of a Hearing Officer. What offenses
warrant a hearing officer? What are the procedures
for having a hearing? Where are they held? Etc. Are
hearing officers the only persons who can imposed
long-term suspensions?
Comment [n56]: Define this term.
Formatted: Highlight
Comment [n57]: A description of this program
would be helpful.

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An administrator may offer to not immediately impose the assigned out-of-school suspension if (1) the
administrator believes it is in the best interest of the student and the school community, (2) the student
admits to committing the infraction, (3) the student and parent/legal guardian agree to certain conditions,
and (4) the student and parent/legal guardian sign a contract, called an abeyance contract. The term of
the abeyance contract may not exceed the maximum suspension term for the offense level. If a student
violates his/her abeyance contract with a suspendable offense, the student must serve the remaining term
of the initial offense plus the suspension for the additional offense. These two suspensions would be
served concurrently. (The last days of the first suspension would also be the first days of the additional
suspension.)

7. POSITIVE BEHAVIOR INTERVENTION SUPPORT (PBIS)
Using Positive Behavior Intervention Support: builds relationships by focusing on accountability for
actions, allowing all voices to be heard and having the opportunity to repair damage by making things
right in a fair and restorative way.
In the Positive Behavior Intervention Support (PBIS) system, students, who do not respond to the school
wide or classroom supports that are in place for all students, may be evaluated to determine the function
of the misbehavior. through Functional Behavioral Assessment (FBA) is an assessment tool to evaluate
these students and match an intervention may be matched to their circumstance. Interventions which
have been shown to be successful across age and grade levels include: mentoring, social skills groups,
interest-based clubs, and daily monitoring of selected problem behaviors. In a handful of situations,
when these group supports are not sufficient, highly individualized interventions involving multiple
systems and based on data may be implemented. If the situations involve a victim or multiple victims,
Restorative Practices are compliementary.

8. RESTORATIVE CIRCLES; RESTORATIVE CONFERENCES

Formatted: Highlight

Comment [n58]: This is missing an introductory
sentence to say what RCs are and how they fit in to
this section of the handbook.

Restorative Practices actions range from informal to formal. In schools, these actions include:
•

Small impromptu circles: a few people meet to briefly address and resolve a problem; facilitated
by teachers, administrators, and/or learning supports coordinators.

•

Group or classroom circles: a larger group can meet in a large circle or a classroom circle to
discuss issues, answer questions, solve problems, or offer feedback; facilitated by teachers,
administrators, and/or learning supports coordinators.

•

Formal restorative conferences: address serious problems of behavior. These conferences may
involve wrongdoers, victims, parents, and school administrators. Only those trained in formal
conferences can facilitate a formal conference.

*sites may also elect to utilize “Teen Court” (aka “Peer Juries”)

9. APPEALS

28

Comment [n59]: What is a classroom circle?

Comment [n60]: These terms need definitions.

Students and parents/guardians have the right to appeal short-term and long-term suspension decisions;
however, there is no appeal from the Governing Board’s final decisions regarding long-term suspension
appeals or its expulsion decisions. (See Policy JK and its accompanying regulations for details).

Comment [n61]: How is an appeal made and to
whom does a student appeal to? Can students
/parents appeal only short and long term suspensions
or other actions as well? These details are missing.
Comment [n62]: An explanation of the GB’s
role in appeals is missing.
Also, students’ rights to appeal a final decision in
state court should be mentioned.

10. EXPULSION
Expulsion is defined as the permanent withdrawal of the privilege of attending a TUSD school unless
the Governing Board reinstates the privilege. A principal may or, in some cases, must request that the
Superintendent recommend to the Governing Board the expulsion of a student. This is the most serious
disciplinary step available. As part of its decision to expel, the Governing Board may permit the student
to apply for readmission through the Office of Student Equity and Intervention after any period of time
it may set. The Governing Board, or designee, may establish further conditions within the readmission
process with which the student must comply prior to their admission to the instructional process. During
the term of the expulsion, the student is to remain away from all Tucson Unified School District schools
and activities. If it is necessary to come to a school, the student must make prior arrangements with the
principal or principal’s designee.

Comment [n63]: Under what circumstances are
students expelled? What is the role of the GB in
expulsions? What due process applies to
students/parents? When is it mandatory that a
principal recommend expulsion?

Students with disabilities eligible under IDEA who are expelled?will continue to be offered educational
services, although in an alternative setting.

Formatted: Highlight

11. PRINCIPAL APPLICATION FOR WAIVER OF MANDATORY ACTIONS

Formatted: Highlight

For violations requiring Action Level 4 or 5 consequences, the principal has the prerogative to seek the
waiver of any portion or all of the mandatory disciplinary action through the appropriate Assistant
Superintendent. The principal may seek the waiver and, if granted, the parties directly involved shall be
informed of the reasons the waiver was granted.
Waivers may not be sought when the prescribed disciplinary action involves the possession of a firearm
or the threatening of an educational institution. UnderBy state law, in such a case, only the Governing
Board may decide, on a case by case basis, whether to impose less than the mandatory penalty.

Formatted: Highlight

ACTION LEVELS

Comment [n64]: Insert paragraph from above at
p. 15 that provides introduction of what these are.

29

The chart below lists actions that may be taken by school administration as the result of a violation. The
Action Level identifies maximum action for violations assigned to that level. Actions listed in bold are
the minimum or mandatory action for that level of violation. Multiple actions may be applied to a
single violation. Action Levels are developed with input from students, parents, teachers and community
members. For all violations, parent notification and student conference are mandatory.
Interventions which have been shown to be successful across age and grade levels include: mentoring,
social skills groups, interest-based clubs, and daily monitoring of selected problem behaviors.

LEVEL 2

LEVEL 1

It will be the policy of TUSD to implement Restorative Practices wherever practicable.
o Parent Notification
and Conference
Request
o Student Conference
o Restorative Circle
o Restorative Conference
o Confiscation of Contraband
o Parent Conference
o Student Verbal Apology
o Student Written Apology
o Warning

o Referred to Outside Agency
o Community Service
o Detention
o Peer mediation
o Privileges Suspended
o Restitution
o Saturday School
o Teen Court
o Functional Behavioral Assessment

o Meeting With School Counselor
o Reassignment To A Different
Class
o Behavior Contract
o Work Detail
o Behavior Intervention Group
o Threat Assessment
o Behavior Intervention Plan
o Lunch Detention
o Monitoring of selected problem
behaviors
o Other Action

Any mandatory action from the prior level(s) mustalso be imposed.
Both mandatory actions from Level 1must also be imposed in addition to any of the following:.

o Restorative Conference and/or Restorative Circle
o
o
o
o

Behavior Contract
Social Skills Groups and/or Mentoring
In School Suspension – Short-Term
Out Of School Suspension and/or Abeyance – Short-Term (1-3 Days)

Comment [n65]: The table (at least levels 1-5)
should fall on one page for ease of understanding.

Comment [n66]: Work detail has been misused
and should not be included.

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Formatted: Highlight

LEVEL 3

Any Action from the prior level(s) may also be imposed in addition to any of the following: .

o Short-Term In School Action and/or Abeyance
o Restorative Conference and/or Restorative Circle
o In School Suspension
o Out Of School Suspension and/or Abeyance – Short-Term (1-10 Days)
o Department of School Safety Contact in Appropriate Circumstances

LEVEL 5

LEVEL 4

Any Action from the prior level(s) may also be imposed in addition to any of the following:.

o Out of School Suspension and/or Abeyance – Long-Term (11-30 45 Days)
o Restorative Conference and/or Restorative Circle
o Restorative Conference and/or Restorative Circle
o Removal By Hearing Officer For Likely Injury To Self Or Others
o Removal By Student’s IEP Team To An Interim Alternative Education Setting

Any Action from the prior level(s) may also be imposed. in addition to any of the following:.

o Out of School Suspension and/or Abeyance – Long-Term (11-180 Days)
o Restorative Conference and/or Restorative Circle (upon re-entry to school)
o

Expulsion

30

Comment [n67]: What is “short-term in school
action”?

Comment [n68]: What does this mean? Is it
saying that Dept of School safety will contact a
student in appropriate circumstances? What is the
significance of the contact?
Formatted: Highlight

• All parent conferences will be made in a the timely iest manner from the date of the
misconduct.

Formatted: Highlight

• A student who willingly assists or forces another student to commit a violation of these
guidelines will be held equally accountable for the violation.

IMPORTANT INFORMATION

• Attempted violations may require Actions. Administrators will determine the appropriate
level of Action to take for an attempted violation. The Action will generally be at a level
less than that of the actual violation.
• For repeated and/or multiple offenses, Administrators may apply an Aaction that is one
level higher than the violation warrants that listed, but only after approval from the
Department of Student Equity and Intervention. The Department of Student Equity and
Intervention will review whether the teachers and/or administrators have attempted to
effectively implement interventions to address any underlying or unresolved issues, and
will not permit a single type of behavior to be elevated more than one level, regardless of
the frequency of occurrence.
• When determining the appropriate level of action to take, administrators may consider a
student’s claim of self defense, defense of others or defense of property.
• When determining the appropriate action to take, Administrators at the elementary level
(Pre-K-5th Grade) may consider all violations, with the exception of possession of
firearms or any incidence of threat to an educational institution, at one level lower than
that of the actual violation.
• Administrators may not withdraw a student’s open enrollment or magnet status during the
school year as a consequence for a discipline violation.
• Students will not receive out of school suspension for attendance violations.
• Law Enforcement Officers, including School Resource Officers, School Safety Officers,
and other law enforcement and security personnel shall not be involved in low-level
student discipline. Low level offenses are levels 1, 2 and 3. An administrator must
immediately notify an Assistant Superintendent or Director and the Department of
Student Equity and Intervention when law enforcement is contacted.

31

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Formatted: Highlight
Comment [n69]: How will DSEI review all the
disciplinary actions in practice? Will it be able to
handle all reviews in a timely manner?

Comment [n70]: Will there be any training that
addresses how to determine the credibility of
witnesses?

Comment [n71]: Is there a way to track this data
to ensure it is not occurring and if it is to determine
who it is happening to?

Comment [n72]: This prohibits school safety
officers from working in a preventative mode with
the students. School safety officers should be
allowed to work at all levels of the discipline
continuum; this is how they get to know the students
and build trust and prevent escalation.

The Arizona -Department of Education has identified the following violations:
AGGRESSION
Violation

Action Level

Verbal Provocation
Use of language or gestures that may incite another person or other people to fight.

1

Recklessness
Unintentional, careless behavior that may pose a safety or health risk for yourself or for others.

1

Minor Aggressive Act
2

Student engages in non-serious but inappropriate physical contact.
Examples: hitting, poking, pulling, tripping, or pushing.

Other Aggression
Includes other acts of aggression not specifically listed within the Aggression section including, but not
limited to, serious and inappropriate physical contact.

3

Examples: pulling a chair out from underneath another person, or other behaviors that demonstrate low-level
hostile behaviors.

Disorderly Conduct
A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or
person, or with knowledge of doing so, such person:
1. Engages in violent or seriously disruptive behavior.
2. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke
immediate physical retaliation by such person.
3. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the
business of a lawful meeting, gathering or procession.
4. Refuses to obey a lawful order to disperse issued to maintain public safety. (see A.R.S. §13-2904)
5. Recording/distributing fights on any social media outlet.

Comment [n73]: Governing conduct in a
neighborhood or with a family appears to exceed the
scope of school district authority.

3

Endangerment
A person commits endangerment by endangering themselves or another person with a substantial risk of
imminent death or physical injury. (see A.R.S. § 13-1201)

Fighting

3
3

Mutual participation in an incident involving physical violence; does not include verbal confrontation alone.

Assault
A person commits assault by intentionally, knowingly, or recklessly causing physical injury to another person;
knowingly touching another person with the intent to injure, insult or provoke such person., or by threatening
to use a deadly weapon or dangerous instrument or a simulated deadly weapon. (see A.R.S. §13-1203)

4

Examples: Restraining, barricading.
Only if the administrator forms a reasonable belief that a student has suffered a non-accidental physical
injury and the belief is well documented is a report to law enforcement mandatory.

Formatted: Highlight

Aggravated Assault
A person commits aggravated assault if the person:
1. Causes serious physical injury to another.
2. Uses a deadly weapon or dangerous instrument.
3. Commits the assault by any means of force that causes temporary but substantial disfigurement, temporary
but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. Commits the assault while the victim is bound or otherwise physically restrained or while the victim's
capacity to resist is substantially impaired.
5. Commits assault and the person is in violation of an order of protection.
6. Commits the assault knowing or having reason to know that the victim is any of the following: law
enforcement officer, prosecutor, firefighter, EMT/Paramedic engaged in official duties, teacher or any
school employee on school grounds, on grounds adjacent to the school or in any part of a building or
vehicle used for school purposes, teacher or school nurse visiting a private home in the course of the

32

5
Mandatory report
to law enforcement

teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom
activity held on other than school grounds. (see A.R.S. § 13-1204)

ALCOHOL, TOBACCO AND OTHER DRUGS VIOLATIONS
Definitions
Drug Violation: Unlawful use, cultivation, manufacture, distribution, sale, purchase, possession, transportation or importation of any controlled
drug or narcotic substance or equipment and devices used for preparing or taking drugs or narcotics. Includes being under the influence of drugs
at school, school-sponsored events and on school-sponsored transportation. Includes over-the-counter medications if abused by the student.
Possession: knowing exercise of dominion or control over an item.

Use: the act of using.

Sale: to transfer or exchange an item to another person for anything of value or advantage, present or prospective.
Share: to allow another person to use or enjoy something that one possesses.

Violation

Action Level

Over the Counter Drugs, Inappropriate use of
Medicines that may be purchased directly without a prescription from a health care professional. Inappropriate
use includes any use other than that described on the packaging or recommended by a health care professional.

Possession
Use
Sale
Share

2
2
3
3

Inhalants
Inhalants include medications, anesthetics, or other compounds in vapor or aerosol form, taken by inhalation.
This does NOT include e-cigarettes or hookah sticks.

Possession
Use
Sale
Share
Unknown Drug
Possession
Use
Sale
Share
Substance Represented as of Illicit Drug

4
4
5
5
4
4
5
5

A substance that is not an illicit drug but that is represented as, and could be perceived as being, an illicit drug.

Possession
Use
Sale
Share
Prescription Drugs, Inappropriate use of

4
4
5
5

Medicines obtained with the lawful prescription of a health care professional. Inappropriate use includes any
use other than that described by the prescription.

Possession
Use
Sale
Share
Illicit Drug
Illicit drugs include dangerous drugs, narcotic drugs, marijuana, and peyote as defined by A.R.S. § 13-3401,
and appearing in any form, including seeds, plants, cultivated product, powder, liquid, pills, tablets, etc.

Possession
Use
Sale
Share
Alcohol Violation
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or
use of intoxicating alcoholic beverages or substances represented as alcohol. This includes being intoxicated
at school, school-sponsored events and on school-sponsored transportation.

33

Mandatory report
to law enforcement
4
4
5
5
Mandatory report
to law enforcement
4
4
5
5

Comment [n74]: How does possession become
inappropriate use of an over the counter drug? If a
student is in possession of aspirin, will he be subject
to Action Level 2?
Comment [n75]: Why can’t a student use cough
medicine, for example, without punishment? Should
it say “Inappropriate Use” instead of “Use”?
Comment [n76]: Do these include over the
counter drugs? If so, why are they receiving such a
high Action level?

Comment [n77]: How is an “unknown drug”
defined? “Unknown” to the TUSD personnel who
encounters it? What if a teacher finds a drug, which
he can’t identify, on a student and it ends up being
generic aspirin? Why does this warrant such a high
action level?

Possession
Use
Sale
Share

4
4
5
5

Tobacco Violation
The possession, use, distribution or sale of tobacco products on school grounds (including any device or
substance that delivers nicotine such as e-cigarettes, nicotine patches and hookah sticks), at school-sponsored
events and on school-sponsored transportation. (see A.R.S. §36-798.03).

Possession
Use
Sale
Share

2
2
3
3

Possession of Drug Paraphernalia
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use
or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of
this chapter . (see A.R.S. § 13-3415 )

Possession
Use
Sale
Share

2
2
3
3

ARSON
Definitions
Structure: a building or place with sides and a floor used for lodging, business, transportation, recreation, or storage
Occupied structure: any structure in which one or more persons is, or is likely to be present, or is so near as to be in equivalent danger at the
outset of the fire or explosion. This includes any dwelling house, whether occupied or not.
Property: anything other than a structure that is owned and has value of any kind (e.g., a backpack, school book, clothing, etc.).
Damage: as used here, means a tangible or visible impairment to a surface.
Reckless Burning: recklessly causing a fire or explosion resulting in damage to a structure, wild land, or property. (see A.R.S. § 13-1702).

Violation

Action Level

Arson of a Structure or Property
A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or
property by knowingly causing a fire or explosion. (see A.R.S. § 13-1703)
NOTE: Burning one’s own property is not arson, with the exception of burning one’s own property with the
knowledge that it will ignite another’s property or a structure. Burning one’s own property may,
where appropriate, be considered reckless burning.

Arson of an Occupied Structure
A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied
structure by knowingly causing a fire or explosion. (see A.R.S. § 13-1704)

4

5
Mandatory report to
law enforcement

NOTE: Administrators may consider acts of arson that are only reckless (as opposed to knowing or intentional), or that damage property with a
value under $100, at Level 3. Please see the definition of Reckless Burning above.

ATTENDANCE POLICY VIOLATION (Out of school suspension is not permitted)
Violation
Action Level
Other Attendance Violations
Examples: leaving school, without signing out in the main office; leaving school at lunch, without a pass;
obtaining a pass to go to a certain place and not reporting there; becoming ill and going home or staying in the
restroom, instead of reporting to the nurse's office; or coming to school, but not attending classes.

1

Tardy

1

Arriving at school or class after the scheduled start time.

34

Unexcused Absence
When a student is not in attendance for an entire day and does not have an acceptable excuse.

Leaving School Grounds without Permission

1

Comment [n78]: This should be defined
somewhere.

1

Leaving school grounds or being in an “out-of-bounds” area during regular school hours without permission
of the principal or principal designee.

Truancy

1

When a child between 6-16 years of age has an unexcused absence for at least one class period during the day.

DISHONESTY
Violation

Action Level

Cheating
To intentionally share with another, or take from another, intellectual property for the purpose of deceit or
fraud, or to take or steal intellectual property from another with or without their knowledge and present it as
the student’s own.

2

Forgery
Falsely and fraudulently making or altering a document, including hall passes and parent signatures.

2

Lying
To make an untrue statement with intent to deceive or to create a false or misleading impression.

2

Comment [n79]: This should not warrant a level
2 action.

Plagiarism
To steal and pass off the ideas or words of another as one’s own, including material obtained online.

HARASSMENT AND THREAT, INTIMIDATION
Violation

2

Action Level

Threat or Intimidation
When a person indicates, by words or conduct, the intent to cause physical injury or serious damage to a
person or their property, or intentionally places another person in reasonable apprehension of imminent
physical injury. This may include threats or intimidation that occurs online or through a telecommunication
device. (see A.R.S. § 13-1202).

3

Bullying
Bullying is the repeated intimidation of students by the real or threatened infliction of physical, verbal,
written, electronically transmitted, or emotional abuse, or through attacks on the property of another. It may
include, but not be limited to actions such as verbal taunts, name-calling and put-downs, including ethnically
based or sex or gender-based verbal put-downs, and extortion of money or possessions. Bullying can be
physical in form (e.g., pushing, hitting, kicking, spitting, stealing); verbal (e.g., making threats, taunting,
teasing, name-calling); non-verbal/ cyber-bullying (e.g., text messages, email, social networking); or
psychological (e.g., social exclusion, spreading rumors, manipulating social relationships).

3

Harassment, nonsexual
A person commits harassment if, with intent to harass or with knowledge that the person is harassing another
person, the person:
1. Anonymously or otherwise communicates or causes a communication with another person by verbal,
electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Follows another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency. (see
A.R.S. § 13-2921)

3

NOTE: Bullying and Sexual Harassment are types of Harassment. Indicate Harassment, nonsexual if the
violation is not specifically Bullying or Sexual Harassment, or if the specific type of harassment is not
known.

Comment [n80]: What does this mean? It is not
clear.

Hazing
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually or in
concert with other persons, against another student, and in which both of the following apply:

35

3

1. The act was committed in connection with an initiation into, an affiliation with or the maintenance of
membership in any organization that is affiliated with an educational institution. (“Organization” means an
athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated
with the school and whose membership consists primarily of students enrolled at the school.).
2. The act contributes a substantial risk of potential physical injury, mental harm or degradation or causes
physical injury, mental harm or personal degradation. (see A.R.S. § 15-2301)
*Administrators may treat incidents of hazing at a Level 4 as appropriate to the situation, and in conjunction
with the Department of Student Equity and Intervention

HOMICIDE; KIDNAPPING
Violation

Action Level

Includes first degree murder, second degree murder, manslaughter or negligent homicide, and intentionally or
recklessly causing the death of another person. (see A.R.S. § 13, Chapter 11)

5
Mandatory report
to law enforcement

Homicide

Kidnapping
Knowingly restraining another person with the intent to hold the victim for ransom, as a shield or hostage; or
hold the victim for involuntary servitude; or inflict death, physical injury or a sexual offense on the victim, or
to otherwise aid in the commission of a felony; or place the victim or a third person in reasonable
apprehension of imminent physical injury to the victim or such third person. (see A.R.S. § 13-1304)

OTHER VIOLATIONS OF SCHOOL POLICIES
Violation

5
Mandatory report
to law enforcement

Action Level

Dress Code Violation
Student wears clothing that does not fit within the dress code guidelines stated by school or district policy.

1

Parking Lot Violation
Examples: unsafe driving in the parking lot, parking in unauthorized areas, parking in fire lanes or disabled
persons space/area, parking in two or more parking spaces with one vehicle, excessive audio or radio sound,
blocking driveway or access, or littering in a parking lot?.

1
Comment [n81]: Is littering in an area that is not
a parking lot a violation?

Public Display of Affection
1

Formatted: Highlight

2

Inappropriate displays of affection (i.e. kissing)

Comment [n82]: How can the Action Level be a
2 when the violation is undetermined?

Other Violation of School Policies and Regulations
Other violations of written school, or district-wide, policy or regulation.

Contraband
Items stated in school policy as prohibited because they may disrupt the learning environment.

2

Combustible
Student is in possession of substance or object that is readily capable of causing bodily harm or property
damage. (e.g. matches, lighters)

2

Disruption
Student engages in behavior causing an interruption in a class or activity. Disruption includes sustained loud
talk, yelling, or screaming; noise with materials; horseplay or roughhousing; or sustained out-of-seat behavior.

2

Gambling

2

To play games of chance for money or to bet a sum of money.

Language, Inappropriate
Delivering verbal messages that include swearing, name calling, or use of words in an inappropriate way.

2

Defiance or Disrespect Towards Authority and Non Compliance
Student engages in refusal to follow directions, talks back, or delivers socially rude interactions.

36

2

Negative Group Affiliation / Illegal Organization
Clubs, fraternities, sororities, anti-social organizations, secret societies, criminal street gangs, and other sets of
individuals that are not sanctioned by the Governing Board and which are determined to be disruptive to
teaching and learning. This includes wearing of symbolic apparel, making gestures, writing on and marking of
property, or altering of personal appearance to symbolize membership in an organization with a history of, or
determined to be, a disruption to teaching and learning.

3

SCHOOL THREAT OR INTERFERENCE
Definitions
Threatening an educational institution (School Threat) means to interfere with or disrupt an educational institution by doing any of the following:
1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause physical injury to any employee of an educational institution or any person attending an educational institution.
2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational
institution or the property of any person attending an educational institution.
3. Going on or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the
property or in any manner as to deny or interfere with the lawful use of the property by others.
4. Refusing to obey a lawful order to leave the property of an educational institution.
NOTE: “interference with or disruption of” includes only those acts that might reasonably lead to the evacuation or closure of a school property
or to the postponement, cancellation, or suspension of any class or other school activity (though actual evacuation, closure,
postponement, cancellation or suspension is not required).

Violation

Action Level

Fire Alarm Misuse

4

Intentionally ringing fire alarm when there is no fire.

Other School Threat
An incident, not coded in the School Threat category, which involves threatening an educational institution.

Bomb Threat
Threatening an educational institution by using or threatening to use a bomb, or arson-causing device.

Chemical or Biological Threat
Threatening an educational institution by using or threatening to use dangerous chemicals or biological agents.

5
Expulsion
required by law
5
Expulsion
required by law
5
Expulsion
required by law

SEXUAL OFFENSES

Violation

Action Level

Harassment, Sexual
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, graphic,
written, or physical conduct of a sexual nature where such conduct has the purpose or effect of creating an
intimidating, hostile, or offensive educational environment. Sexual harassment can include nonverbal forms
(e.g., “sexting,” tweeting, or otherwise sending messages through networking sites and/or telecommunication
devices), or physical conduct of a sexual nature.

3

Pornography
Pornography is the sexually explicit and obscene depiction of persons, in words or images.

3

Examples: viewing and/or sharing nude or sexually-charged images (non-art, non-educational) of people in
books, magazines, electronic devices, or on the internet; using an electronic device to send or receive nude
images, partially-nude images, or images that are sexual in nature (“i.e. sexting”), or drawing nude images,
partially-nude images, or images that are sexual in nature that have no redeeming educational value.

Harassment, Sexual with contact
4

Sexual harassment that includes physical contact.

Indecent Exposure or Public Sexual Indecency

4
37

Comment [n83]: This is very broad and should
not hinder students’ First Amendment rights.

A violation of A.R.S. § 13-1402 Indecent exposure, § 13-1403 Public sexual indecency, or engaging in other
sexual acts.
Examples: public urination, streaking, masturbation, “peeping tom” (including taking photos or videotaping),
exposing another student’s private parts, or engaging in intercourse, or oral sex.

Sexual Assault or Rape

5
Mandatory report
to law enforcement

A violation of A.R.S. § 13-1406 Sexual assault

Sexual Abuse or Sexual Conduct with minor, or Child Molestation
A violation of A.R.S. § 13-1404 Sexual abuse, § 13-1405 Sexual conduct with a minor, or § 13-1410 Child
Molestation.

TECHNOLOGY, IMPROPER USE OF
Violation

5
Mandatory report to
law enforcement

Action Level

Telecommunication Device
Examples: use of telecommunication devices (cell phones, pagers, etc.) for non-instructional purpose

1

Other Technology
1

Examples: Nintendo DS, iPods, MP3 players, etc.

Computer
Examples: use of school computers for non-instructional purpose, copyright or trademark infringement,
knowingly uploading or downloading destructive or malicious programs or software, loading personal
software or disks onto school computers without permission of an administrator, vandalism of computers or
computer equipment.

2

Network Violation
Examples: use of computer network for non-instructional purpose, knowingly uploading or downloading
destructive or malicious programs or software, sharing passwords, attempting to read, delete, copy or modify
the email of other users, accessing secure areas other than for educational purposes, transmitting material
information or software in violation of any district policy or regulation, local, state or federal law or
regulation, or tampering with or misuse of the computer networking system or taking any other action
inconsistent with this regulation will be viewed as a network violation.

3

THEFT
Violation

Action Level

Petty Theft
2

Thefts for cash, or property, valued under $100.

Theft – School Property or Non-School Property
A person commits theft if, without lawful authority, the person knowingly:
b. Controls property of another with the intent to deprive the other person of such property; or
c. Converts for an unauthorized term or use services or property of another entrusted to the defendant or
placed in the defendant’s possession for a limited, authorized term or use; or
d. Obtains services or property of another by means of any material misrepresentation with intent to deprive
the other person of such property or services; or
e. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing
means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use
without reasonable efforts to notify the true owner; or
f. Controls property of another knowing or having reason to know that the property was stolen; or
g. Obtains services known to the defendant to be available only for compensation without paying or an
agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit
without authority to do so. (see A.R.S. § 13-1802)

3

Burglary or Breaking and Entering
Entering or remaining unlawfully in or on the personal property of another, a classroom, a residential structure
or yard or a nonresidential structure or in a fenced commercial property with the intent to commit any theft or

38

4

any felony therein. (see A.R.S. § 13-1506 - § 13-1507)

Extortion
A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by
means of a threat to do in the future any of the following:
1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument.
2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.
3. Cause damage to property.
4. Engage in other conduct constituting an offense.
5. Accuse anyone of a crime or bring criminal charges against anyone.
6. Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule or to impair the person’s credit or business.
7. Take or withhold action as a public servant or cause a public servant to take or withhold action.
8. Cause anyone to part with any property. (see A.R.S. § 13-1804)

4

Robbery
A person commits robbery if in the course of taking any property of another from his person or immediate
presence and against his will, such person threatens or uses force against any person with intent either to
coerce surrender of property or to prevent resistance to such person taking or retaining property. (see A.R.S. §
13-1902)

Armed Robbery
A person commits armed robbery if, in the course of committing robbery (see definition above) such person or
an accomplice;
1. Is armed with a deadly weapon or a simulated deadly weapon; or
2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
(see A.R.S. § 13-1904)

4

5
Mandatory report to
law enforcement

Burglary (First Degree)
A person commits burglary in the first degree if such person or an accomplice enters or remains unlawfully in
or on a residential structure or yard or a nonresidential structure or in a fenced commercial with the intent to
commit any theft or any felony therein (see A.R.S. §13-1506-07) and knowingly possesses explosives, a
deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
(see A.R.S. § 13-1508)

5
Mandatory report to
law enforcement

TRESPASSING; VANDALISM OR CRIMINAL DAMAGE
Definitions
Criminal damage: Willful destruction or defacement of school property, commercial property located on school property, or personal property
of another person, so as to substantially impair its function or value in an amount of five thousand dollars or more. Administrators may consider
acts of vandalism that result in damages exceeding $5,000 in value at a Level 4.
Examples: Substantial destruction of copy machines, school vehicles, student vehicles, or certain technology, science, or computer equipment.

Violation

Action Level

Trespassing
To enter or remain on a public school campus or school board facility without authorization or invitation and
with no lawful purpose for entry. This includes students under suspension or expulsion and unauthorized
persons who enter or remain on a campus or school board facility after being directed to leave by the chief
administrator or designee of the facility, campus or function.

2

Graffiti or Tagging
Writing on walls; drawings or words that are painted or sprayed on walls and/ or other surfaces that can be
easily removed with soap or cleaner.

2

Vandalism of Personal property
3

Willful destruction or defacement of personal property.

Vandalism of School Property
3

Willful destruction or defacement of school property.

39

Comment [n84]: Students have a right to attend
public meetings (so long as they are not during
school instruction time), including governing board
meetings. This should be clarified so that it cannot
be applied to students who attend public meetings,
such as GB meetings.

Examples: Destroying school computer records, carving initials or words in desk top, spray painting on
walls, or damaging vehicles.

WEAPONS AND DANGEROUS ITEMS (POSSESSION OF)
Violation

Action Level

Dangerous Items
Knife with a blade length of less than 2.5 inches, air soft gun, b.b.gun, laser pointer, letter opener,
mace/pepper spray, paintball gun, pellet gun, razor blade/box cutter, simulated knife, taser or stun gun, tear
gas, firecrackers, smoke and stink bombs, gas, lighter fluid, and other dangerous items (anything that under
the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of
causing death or serious physical injury).

3

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used is readily capable of causing death or serious physical injury.

Other Weapons
Examples: Billy club, brass knuckles, knife with a blade length of at least 2.5 inches, nunchakus.

4

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used the item is readily capable of causing death or serious physical injury.

Simulated Firearm
Possession of a simulated firearm made of plastic, wood, metal or any other material which is a replica,
facsimile, or toy version of a firearm.

3

If the simulated firearm is used to threaten or intimidate, the violation will be considered a level 4.

Firearms
Firearm means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will
expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive.
Firearm does not include a firearm in permanently inoperable condition. (see A.R.S. § 13-3101)
Other Firearms – As defined for the Gun-Free Schools Act (GFSA) – includes - the frame or receiver of any
weapon described above; Any firearm muffler or firearm silencer; Any destructive device, which includes:
Any explosive, incendiary, or poison gas: Bomb; Grenade; Rocket having a propellant charge of more than
four ounces; Missile having an explosive or incendiary charge of more than one-quarter ounce, Mine or
similar device. Any weapon which will, or which may be readily converted to, expel a projectile by the action
of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in
diameter. Any combination or parts either designed or intended for use in converting any device into any
destructive device described in the two immediately preceding examples, and from which a destructive device
may be readily assembled. (see 18 U.S.C. 921)
NOTE: This definition does not apply to items such as toy guns, colorful plastic water guns, cap guns,
bb guns, and pellet guns)

40

5
Expulsion required
by law
Mandatory report to
law enforcement

INDEX REVISE AFTER FINAL REVISIONS
Abeyance Contracts, 16, 17
Action Levels, 18
Aggression, 20
Aggravated Assault, 20
Assault, 20
Disorderly Conduct, 20
Endangerment, 20
Fighting, 20
Minor Aggressive Act, 20
Other Aggression, 20
Recklessness, 20
Verbal Provocation, 20
Alcohol, Tobacco and other Drugs, 21-22
Alcohol Violation, 21
Illicit Drugs, 21
Inhalants, 21
Over the Counter Drugs, 21
Possession of Drug Paraphernalia, 22
Prescription Drugs, 21
Substance Represented as of Illicit Drug, 21
Tobacco Violation, 22
Unknown Drug, 21
Anti-Harassment Policy, 11
Appeals, 17
Arson, 22
Arson of an Occupied Structure, 22
Arson of a Structure or Property, 22
Attendance Policy, 11
Attendance Violation, 22
Leaving School Grounds, 22
Other Attendance Violations, 22
Tardy, 22
Truancy, 23
Unexcused Absence, 22
Bus Rules, 10
Bullying, Intimidation & Harassment, 11, 23
Cell Phones, 11

Dating Abuse, 11
Dishonesty, 23
Cheating, 23
Forgery, 23
Lying, 23
Plagiarism, 23
Dress Code, 9-10
Due Process for General Education Students, 14-15
Due Process for Exceptional Education Students, 15
Expulsions, 17
Gang Activity, 9
General Information, 9-13
Anti-Harassment Policy, 9
Governing Board Position, 9
School Dress Code, 9-10
Bus Rules, 10
Student Attendance, 11
Bullying, Intimidation & Harassment, 11
Dating Abuse, 11
Cell Phones, 11
Harassment, Threats and Intimidation, 23
Bullying, 23
Harassment, nonsexual, 23
Hazing, 23
Threat or Intimidation, 23
Hazing, 12-13, 23
Homicide, 23
Kidnapping, 23
Know the Actions, 18-28
Abeyance Contracts, 18, 19
Administration of Guidelines, 14
Appeals, 17
Conduct Which Must be Reported, 14
Conduct Which May be Reported, 14
Due Process for Students, 14-15
Expulsions, 17
Out of School Suspensions, 15-16
41

Short-Term Suspension, 15
Long-Term Suspension, 16
Principal Application for Waiver, 17
Law Enforcement, Reports to, 14
Other Violations of School Policies, 24
Combustible, 24
Contraband, 24
Defiance or Disrespect, 24
Disruption, 24
Dress Code Violation, 24
Gambling, 24
Language, Inappropriate, 24
Negative Group Affiliation, 24
Other Violation of Policies, 24
Parking Lot Violation, 24
Public Display of Affection, 24
Out of School Suspensions, 15-16
Purpose, 4
What are the Guidelines, 4
When are Guidelines in Force, 4
Rights & Responsibilities, 5-8
Students Have a Right to, 5
Students Have a Responsibility to, 6
Parents/Guardians Have a Right to, 6-7
Parents/Guardians Have a Responsibility to, 7
Teachers Have a Right to, 7
Teachers Have a Responsibility to, 8
Administrators Have a Right to, 8
Administrators Have a Responsibility to, 8

Technology, Improper Use of, 26
Computer, 26
Network Violation, 26
Other Technology, 26
Telecommunication Device, 26
Theft, 26-27
Armed Robbery, 27
Burglary or Breaking & Entering, 26
Burglary (First Degree), 27
Extortion, 26
Petty Theft, 26
Robbery, 27
Theft-School/Non-School Property, 26
Trespassing, 27

Vandalism, 27
Graffiti or tagging, 27
Vandalism of Personal Property, 27
Vandalism of School Property, 27
Violations & Actions, 15-28
Aggression, 20
Alcohol, Tobacco & Other Drugs, 21-22
Arson, 22
Attendance Violation, 22-23
Dishonesty, 23
Harassment and Threat, Intimidation, 23
Homicide, 24
Kidnapping, 24
Other Violations of School Policies, 24
School Threat, 25
Sexual Offenses, 25
Technology, Improper Use of, 26
Theft, 26-27
Trespassing, 27
Vandalism or Criminal Damage, 27
Weapons & Dangerous Items, 28
Weapons, 28
Dangerous Items, 28
Firearms, 28
Other Weapons, 28
Simulated Firearms, 28

School Threat, 25
Bomb Threat, 25
Chemical or Biological Threat, 25
Fire Alarm Misuse, 25
Other School Threat, 25
Sexual Offenses, 25
Harassment, Sexual, 25
Harassment, Sexual with contact, 25
Indecent Exposure/Public Sexual Indecency, 25
Pornography, 25
Sexual Abuse, 25
Sexual Assault or Rape, 25

42

(4) The right to file a complaint with the U.S. Department of
Education concerning alleged failures by TUSD to comply with
the requirements of FERPA.

TUSD ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF
PARENTS AND STUDENTS

Any complaints arising from an alleged violation of these rights may
be submitted to the Superior Court of Pima County, Arizona, or to:

The Family Educational Rights and Privacy Act (FERPA) affords
parents and “eligible students” (students over 18 years of age, or who
attend an institution of postsecondary education) certain rights
regarding the student’s education records. These rights are:

The Family Policy Compliance Office
U.S. Dep’t of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
[phone]

(1) The right to inspect and review the student’s education
records within 45 days from the day TUSD receives a request.

Directory Information

The parent(s) and/or eligible student may inspect and review
student’s education records, and TUSD policies and regulations
governing use of those records, by making an appointment with the
student’s school principal. A copy of state and federal statutes and
regulations concerning student records is available for reasonable
inspection in the Office of the Superintendent or designee, 1010 E.
10th Street, Tucson, Arizona. A list of the types of records
maintained, and an explanation of any record, will be provided by
appropriate TUSD personnel upon request.

FERPA requires that TUSD, with certain exceptions, obtain a
parent’s/guardian’s written consent prior to the disclosure of
personally identifiable information from your child’s education
records. However, TUSD may disclose appropriately designated
“directory information” without written consent, unless you have
advised TUSD to the contrary in accordance with TUSD procedures
(see Administrative Regulation 5130). The primary purpose of
directory information is to allow TUSD to include this type of
information from your child’s education records in certain school
publications, such as:

Federal law assumes that both parents are equally entitled to review
their child’s records. If there is a custody order in place that prohibits
the provision of this information to one parent, please provide TUSD
with a copy of the custody order, signed by a judge.

•The annual yearbook;
•Honor roll or other recognition lists;
•Graduation programs; and
•Sports activity sheets showing weight/height of team members.

(2) The right to request the amendment of the student’s
education records that the parent(s) and/or eligible students
believes are inaccurate, misleading, or otherwise in violation of
the student’s privacy rights under FERPA.

Directory information, which is information that is generally not
considered harmful or an invasion of privacy if released, can also be
disclosed to outside organizations without a parent’s prior written
consent. Outside organizations include, but are not limited to,
companies that manufacture class rings or publish yearbooks. In
addition, two federal laws require local educational agencies (LEAs)
receiving assistance under the Elementary and Secondary Education
Act of 1965 (ESEA) to provide military recruiters, upon request, with
the following information – names, addresses and telephone listings
– unless parents have advised the LEA that they do not want their
student’s information disclosed without their prior written consent.

Such a request must be in writing to the student’s school principal,
must clearly identify the part of the record they want changed, and
must specify why it should be changed. If TUSD, decides not to
amend the record as requested by the parent(s) and/or eligible
student, TUSD will notify the parent(s) and/or eligible student of the
decision, and the parent(s) and/or eligible student may further request
a hearing regarding the request for amendment, as provided by
federal and state statutes, rules and regulations.
(3) The right to privacy of personally identifiable information in
the student’s education records, except to the extent that FERPA
authorizes disclosure without consent.

If you do not want TUSD to disclose directory information from your
child’s education records without your prior written consent, you
must notify TUSD on TUSD Form 274, prior to October 1st. TUSD
has designated the following information as directory information:

TUSD must obtain the written consent of the parent or eligible
student prior to releasing personally identifiable information from the
education records of a student, except in circumstances where federal
and state law authorize disclosure without consent, such as disclosure
to school officials with legitimate educational interests. A school
official is a person employed by TUSD as an administrator,
supervisor, instructor, or support staff member (including health or
medical staff and law enforcement unit personnel); a Governing
Board member; a person or company with whom TUSD has
outsourced services or functions it would otherwise use its own
employees to perform (such as an attorney, auditor, medical
consultant, or therapist); a parent or student serving on an official
committee, such as a disciplinary or grievance committee; or a
parent, student, or other volunteer assisting another school official in
performing his or her tasks. A school official has a legitimate
educational interest if the official needs to review an education
record in order to fulfill his or her professional responsibility.

Name, address, parent or guardian telephone listing, email address,
date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, grade level, enrollment status,
degrees (diplomas) and awards received, the most recent previous
educational agency or institution attended by the student, personally
identifiable photographs, videotapes, films and other visual media,
personally identifiable interviews, either audio only or audio and
visual, and other similar information.
Under federal law, this information is considered directory
information and does not require the written consent of a
parent/eligible student to release. If you object to the release of
directory information you must notify the principal or designee of the
school, in writing, on TUSD Form 274, prior to October 1st. If Form
274 is not received by October 1st, it will be assumed that there is no
objection to releasing such information. This procedure shall be done
annually. Pursuant to federal law, upon request, TUSD may disclose
education records without prior parental/eligible student consent, to
officials of another school district in which a student seeks or intends
to enroll. For further information, contact the Principal’s Office at the
school
where
the
student(s)
attend
in
TUSD.

Upon request, schools will disclose education records, without
consent, to officials of another school district in which a student
seeks or intends to enroll, or is already enrolled if the disclosure
is for purposes of the student’s enrollment or transfer.

43

TUSD ANNUAL NOTIFICATION OF
RIGHTS UNDER THE PROTECTION OF
PUPIL RIGHTS AMENDMENT (PPRA)

(3) Inspect, upon request and before administration
or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information
from students for any of the above marketing, sales, or
other distribution purposes; and
3. Instructional material used as part of the educational
curriculum.

PPRA affords parents certain rights regarding our
conduct of surveys, collection and use of information
for marketing purposes, and certain physical exams.
These include the right to:

These rights transfer from the parents to a student who
is 18 yrs old, or an emancipated minor under State law.

(1) Consent before students are required to submit
to a survey that concerns one or more of the
following protected areas (“protected information
survey”) if the survey is funded in whole or in part
by a program of the U.S. Dep’t of Education (ED) –

TUSD will develop and adopt policies, in consultation
with parents, regarding these rights, as well as
arrangements to protect student privacy in the
administration of protected information surveys and the
collection, disclosure, or use of personal information
for marketing, sales, or other distribution purposes.

1. Political affiliations or beliefs of the student or
student’s parent;
2. Mental or psychological problems of the student or
student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning
behavior;
5. Critical appraisals of others with whom respondents
have close family relationships;
6. Legally recognized privileged relationships, such as
with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the
student or parents; or
8. Income, other than as required by law to determine
program eligibility.

TUSD will directly notify parents of these policies at
least annually at the start of each school year and after
any substantive changes. TUSD will also directly
notify, such as through U.S. Mail or email, parents of
students who are scheduled to participate in the specific
activities or surveys noted below and will provide an
opportunity for the parent to opt his or her child out of
participation of the specific activity or survey.
TUSD will make this notification to parents at the
beginning of the school year if the District has
identified the specific or approximate dates of the
activities or surveys at that time. For surveys and
activities scheduled after the school year starts, parents
will be provided reasonable notification of the planned
activities and surveys listed below and be provided an
opportunity to opt their child out of such activities and
surveys. Parents will also be provided an opportunity to
review any pertinent surveys. Following is a list of the
specific activities and surveys covered under this
requirement:

(2) Receive notice and an opportunity to opt a
student out of –
1. Any other protected information survey, regardless
of funding;
2. Any non-emergency, invasive physical exam or
screening required as a condition of attendance,
administered by the school or its agent, and not
necessary to protect the immediate health and safety of
a student, except for hearing, vision, or scoliosis
screenings, or any physical exam or screening permitted
or required under State law; and
3. Activities involving collection, disclosure, or use of
personal information obtained from students for
marketing or to sell or otherwise distribute the
information to others.

•Collection, disclosure, or use of personal information
for marketing, sales, or other distribution.
•Administration of any protected information survey
not funded in whole or in part by ED.
•Any non-emergency, invasive physical examination or
screening as described above.
Parents who believe their rights have been violated may
file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 2020
44

YOUR SCHOOL IS A

SAFE-T-ZONE
IF YOU SEE IT






DRUGS
FIGHTS
GANGS
ASSAULTS
TRUANCY







VIOLENCE
WEAPONS
NON-STUDENTS
GRAFFITI
THREATS

R E P O R T I T!
CONFIDENTIALITY GUARANTEED

TELL A SCHOOL OFFICIAL OR CALL

TUSD SAFETY MESSAGE LINE
584-7680
- MESSAGES CHECKED HOURLY DURING SCHOOL - DAILY ON NON-SCHOOL DAYS DISCRIMINATION STATEMENT: Tucson Unified School District does not discriminate on the basis of race,
color, religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, , creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, or family, social or
cultural background in admission or access to, or treatment or employment in, its educational programs or
activities. Inquiries concerning Title VI, Title VII, Title IX, Section 504, and Americans with Disabilities Act
may be referred to TUSD’s EEO Compliance Officer, 1010 East Tenth Street, Tucson, Arizona 85719, (520) 2256444, or to the Office for Civil Rights, U.S. Department of Education, 1244 Speer Boulevard, Denver, Colorado
80204. See Board Policies AC “Non-Discrimination,” and ACA “Sexual Harassment” for more

information.

45

Attachment C. Department of Justice Comments:
Overview and Redline Comments

Subject:

United States’ Comments on TUSD
Discipline and Extracurricular Policies

Date:

July 14, 2013

INTRODUCTION
This memorandum summarizes the United States’ questions and comments on the District’s
proposed discipline policies 1 and proposed extracurricular policy, specifically their compliance
with USP §§ (VI) and (VIII), respectively. This document is arranged by general comments and
then by USP subsection for ease of reference, and is further divided by the items the District was
to consider in creating the proposed policies (USP § (VI)(B)(2), among others; and all of (VIII)).
GENERAL COMMENTS
In addition to the specific questions and comments below, we note that all policies must be
available in a language-accessible manner per the requirements of USP § (VII)(D) and Title VI
of the Civil Rights Act of 1964 (“Title VI”). We support the District’s current practice of
printing its Guidelines for Student Rights and Responsibilities (“GSRR,” or “code of conduct”)
in both English and Spanish within the same document, and recommend that the District expand
this practice as much as possible. For any documents that the District chooses not to print in
dual-language format, we alternatively recommend that the District include a note, e.g., a header
or footnote, on all essential documents it distributes indicating in which other languages the
document is available. 2
As a related matter, the policies discussed below do not provide specific information on the
availability of translation and interpretation services to assist parents and students in
understanding the policies and navigating any communication requirements that the policy sets
forth (e.g., requirements that students submit written explanatory excuses from parents for
absences). As required by USP § (VII)(D) and Title VI, LEP families should be (a) informed
about and (b) able to avail themselves of translation and interpretation services at all relevant
stages of the discipline process, among other processes. We therefore recommend including
specific information about translation and interpretation services in all of the draft documents,
including phone numbers and/or email addresses for district personnel who can assist in
connecting families to appropriate services.

1

The United States has no comments on or questions about the document entitled “00 Guidelines – Discipline” or
“Policy JKA Corporal Punishment,” so those documents are not discussed in this memorandum or provided as email
attachments with edits.
2
For example, a document in English would include a header or footer stating, at a minimum, “Documento
disponible en español.” Many government agencies use this method to indicate in which language(s) a policy is
available.
46

COMMENTS BY USP SUBSECTION
(I)

DISCIPLINE POLICY: GUIDELINES FOR STUDENTS RIGHTS AND
RESPONSIBILITIES (“GSRR”) 3

We have two overall comments on the discipline policies. First, we are concerned that the
GSRR and related policies, as drafted, are not in compliance with the USP’s requirements to
limit exclusionary consequences, ensure that discipline is administered in a fair and nondiscriminatory manner, and limit the involvement of law enforcement in student discipline.
Overly punitive discipline policies and practices will have an effect that extends into other areas
of the USP, including quality of education, because such policies not only make students feel
unwelcome in their own schools and disrupt their academic experience, but have significant
negative effects on their long-term well-being. Students who have been suspended are at greater
risk of educational failure and of dropping out of school, and students who are suspended or
expelled also have an increased likelihood of being involved in the juvenile justice system.
(However, rather than reiterate all of our comments in this memo, we have simply referred below
to the comments and suggested language we have included in the edited version of the GSRR
and Policy JK, which are attached to the email that accompanied this memorandum.)
Second, for clarity, we recommend that the District include a glossary or definition section in the
beginning or end of the GSRR; there are many specific terms that it would be helpful to the
reader to define..
A.

Section (VI)(B)(2)(a)(i): Limit exclusionary consequences and use
appropriate positive interventions

USP § (VI)(B)(2)(a)(i) requires the District to revise the GSSR to: “limit exclusionary
consequences to instances in which student misbehavior is ongoing and escalating, and the
District has first attempted and documented the types of intervention(s) used in PBIS and/or
Restorative Practices, as appropriate.”
The policy does not meet this requirement. The GSRR at present permits significant
exclusionary consequences, including out of school suspensions, for low-level infractions. The
GSRR policy appears to permit “work details” as a form of discipline. During our site visits in
May 2012, we observed students of color required to mop floors and take out trash as part of an
in school suspension, or students subject to an in-school suspension wearing specially designated
clothing and placed in basement classrooms, subjecting them to public humiliation and excluding
them from learning. Excluding students from classrooms and placing them on work details does
not incorporate and is inconsistent with PBIS. We have therefore inserted comments and
suggested language, along with specific explanations, into the draft GSRR. See Student
Handbook 6.21.13 with DOJ comments and edits; and Policy JK Student Discipline 6.21.13 with
DOJ comments and edits.

3

These comments and questions refer to two documents provided by the District on June 22, 2013: (1) Policy JK
Student Discipline; and (2) Student Handbook 6.21.13. These policies are attached to the email that accompanied
this memorandum with specific edits and comments in addition to the brief comments summarized here.

47

B.

Section (VI)(B)(2)(a)(ii): Require non-discriminatory, fair, age-appropriate,
and responsive consequences

USP § (VI)(B)(2)(a)(ii) requires the District to revise the GSSR to: “require the administration of
consequences that are non-discriminatory, fair, age-appropriate, and correspond to the severity of
the student’s misbehavior.”
The policy does not meet this requirement. The GSRR at present permits significant
exclusionary consequences, including weeks of out-of-school suspension, for relatively low-level
infractions. Moreover, the policy permits exclusionary consequences for subjective infractions
such as defiance and disrespect, which, without adequate training, are often the sources of
discrimination as teachers’ and administrators’ implicit biases affect decision-making on those
referrals. We have therefore inserted comments and suggested language, along with specific
explanations, into the draft GSRR. See Student Handbook 6.21.13 with DOJ comments and
edits; and Policy JK Student Discipline 6.21.13 with DOJ comments and edits.
C.

Section (VI)(B)(2)(a)(iii): Pair consequences with meaningful instruction

USP § (VI)(B)(2)(a)(iii) requires the District to revise the GSSR to: “require that consequences
are paired with meaningful instruction and supportive guidance (e.g., constructive feedback and
reteaching) to offer students an opportunity to learn from their behavior and continue to
participate in the school community.”
The policy does not fully meet this requirement. The policy still allows highly punitive response
to low-level misbehavior, as noted above, but the inclusion some constructive interventions and
restorative practices (see page 19 of the draft GSRR) is a positive step. We have therefore
inserted comments and suggested language, along with specific explanations, into the draft
GSRR to ensure full compliance. See Student Handbook 6.21.13 with DOJ comments and edits;
and Policy JK Student Discipline 6.21.13 with DOJ comments and edits.
D.

Section (VI)(B)(2)(a)(iv): Limit law enforcement engagement in routine
discipline

USP § (VI)(B)(2)(a)(iv) requires the District to revise the GSSR to: “require that law
enforcement officers, including School Resource Officers, School Safety Officers, and other law
enforcement and security personnel who interact with students, are not involved in low-level
student discipline.”
The policy does not meet this requirement. The GSRR at present permits or requires arrest for
some infractions for which law enforcement referral seems inappropriate (e.g., possession
(without more) of an inhalant such as glue or markers). And although the policy contemplates
law enforcement and security personnel involvement in schools, there is no language in the
policy which delineates or explains their role. We recommend adding explanatory language such
as, “Law enforcement and security personnel working in TUSD schools will provide for and
maintain a safe, healthy, and productive learning environment while acting as positive role
models for students by working cooperatively with school administrators. Law enforcement and
security personnel working in TUSD schools will be expected to contribute to their school
communities by serving as educators in addition to their responsibilities to protect the safety of
48

students and school personnel. Nothing in the GSRR limits or is intended to limit law
enforcement and security personnel working in TUSD schools’ role in providing mentoring,
informal counseling, education, and support to District students.” In addition to this suggestion,
we have also inserted comments and suggested language, along with specific explanations, into
the draft GSRR. See Student Handbook 6.21.13 with DOJ comments and edits; and Policy JK
Student Discipline 6.21.13 with DOJ comments and edits.
(II)

DISCIPLINE POLICY: DUE PROCESS
A.

Section (VI)(B)(2)(b): Fair, impartial, and language-accessible due process
proceedings

USP § (VIII)(A)(1) requires the District to revise its due process policies for student discipline
to: “ensure that students and parents are provided with a fair, impartial, and language-accessible
proceeding which complies with applicable state and federal law before exclusionary discipline
or punishment is imposed, as well as an opportunity to appeal.”
The policy does not meet this requirement, but is on the way to meeting it. If the changes in the
“General Comments” section are implemented, then the policy should be closer to meeting this
requirement. We have also inserted comments and suggested language, along with specific
explanations, into the draft GSRR. See Student Handbook 6.21.13 with DOJ comments and
edits; and Policy JK Student Discipline 6.21.13 with DOJ comments and edits.
(III)

EXTRACURRICULAR POLICY 4
A.

Section (VIII)(A)(1): Provide students with equitable access to extracurricular
activities

USP § (VIII)(A)(1) requires the District to: “comply with the provisions below [in the
subsection] in order to provide students equitable access to extracurricular activities.”
The policy can meet this requirement with minimal changes. At present, the policy only covers
(1) competitive interscholastic activities that involve more than one school and (2)
continuous/ongoing non-credit extracurricular activities. These categories cover many of the
opportunities in which students participate at school. However, they do not cover certain noncontinuous events or single-school-competition activities (such as homecoming and prom,
special field trips, or student government elections) which should properly be covered under the
non-discrimination terms of the policy. The policy should be edited to ensure that those types of
opportunities are also included.
The policy also contemplates providing students with supports to ensure they meet the academic
requirements to participate in extracurricular activities. We recommend adding language to the
policy requiring, rather than suggesting, that students facing extracurricular ineligibility due to
academic concerns receive supports.

4

These comments and questions refer to Policy JJJ Extracurricular Activities provided by the District on June 22,
2013.

49

Finally, the policy also contemplates excluding students from extracurricular participation
“whose behavior presents a problem or jeopardizes school discipline.” This language is too
vague, and open to subjective interpretation. We recommend replacing this language with
explicit references to the GSRR – i.e., students who commit Level 4 or 5 infractions which
significantly interfere with others’ safety and learning and/or are of a threatening or harmful
nature may be excluded from extracurricular activities until they participate in restorative
processes or in intensive interventions.
B.

Section (VIII)(A)(2): Provide opportunities for interracial contact in positive
settings

USP § (VIII)(A)(2) requires the District to: “ensure that extracurricular activities provide
opportunities for interracial contact in positive settings of shared interest and that students have
equitable access to extracurricular activities regardless of racial or ethnic background or ELL
status.”
The policy meets this requirement. The language of the policy includes an explicit equal access
provision, as well as statements reiterating the USP’s mandates regarding opportunities for
shared interest across racial groups and co-development of leadership and other skills.
C.

Section (VIII)(A)(3): Provide a range of extracurricular activities at each
school

USP § (VIII)(A)(3) requires the District to: “provide a range of extracurricular activities at each
School . . . [which] shall provide students opportunities to participate in sports activities at
schools at which they are offered, to develop leadership skills, and to pursue curricular interests
and programs (i.e., science club or “Junior Achievement”).
The policy may meet this requirement. Its language requires that activities be available
equitably, and explains, among other things, that school personnel should support student
participation in extracurricular activities as part of improving student engagement and
achievement. Because the policy contemplates ranges of extracurricular activities at each school
and promotes personnel support of student participation, we will wait for additional details on
which activities are made available by campus in the District’s forthcoming annual reports.
D.

Section (VIII)(A)(4): Transportation for extracurricular activities

USP § (VIII)(A)(4) requires the District to: “provide transportation to support student
participation in extracurricular activities as specified in Section (III) of [the USP].” USP § (III)
requires the District to: “make decisions concerning the availability of transportation services,
including, but not limited to, transportation services to support student participation in
extracurricular activities, in a manner that promotes the attendance of District students at
integrated and magnet schools and programs.”
The policy meets this requirement. The language of the policy requires the Superintendent to
promulgate regulations to provide transportation to support extracurricular participation “where
feasible.” As such, we will look for additional details on the availability, in practice, of
transportation for extracurricular participation in the District’s forthcoming annual reports.
50

E.

Section (VIII)(A)(5): After-school tutoring

USP § (VIII)(A)(3) requires the District to: “offer . . . [after-school tutoring] on an equitable
basis in accordance with all other provisions of . . . Section VIII” “if afterschool tutoring is
offered to students on a voluntary basis.”
The policy meets this requirement. The language of the policy requires the Superintendent to
promulgate regulations to provide “equitable access to after-school tutoring where it is offered.”
As such, we will look for additional details on the availability of after-school tutoring in the
District’s forthcoming annual reports.

51

DRAFT GUIDELINES FOR
STUDENT RIGHTS AND RESPONSIBILITIES (GSRR)
The purpose of the Guidelines is to assist students, parents, teachers, staff, and principals in creating and
sustaining an environment which will enhance the achievement of a positive learning process. To be
fully effective, the Guidelines for Student Rights and Responsibilities addresses:
Together, students, parents, teachers, staff, and principals share the responsibility in creating and
sustaining an environment that enhances student achievement in the Tucson Unified School District.
We ask for the support of students and parents to achieve this goal. The Guidelines for Student Rights
and Responsibilities (GSRR) addresses:
•
•
•
•
•

Comment [A1]: To ensure that everyone acting
in the role of a parent (grandparent, legal guardian,
etc.) is included here, we recommend dropping a
footnote defining “parent” (can use the definition in
para 44 in the Appendix of the USP).

The rights and responsibilities of students and parents
Conduct which may require discipline
Administrative responsibilities for implementing discipline
Responsibilities of administrators and teachers to implement discipline, which includes behavioral
supports and interventions that promote safety that address problems and support and support
student success
Administrative responsibilities for Due Process

You are encouraged to read and develop a thorough understanding of the details of these Guidelines.
Please read these Guidelines and develop a thorough understanding of the details. By following the
Guidelines, you can help our school district become a safer and more supportive environment for the
students and staff.
Student discipline is subject to the provisions of Governing Board policies and state and federal laws.
Students will be disciplined in accordance with Governing Board Policy JK and its accompanying
regulations. Students with disabilities shall be disciplined in accordancereceive discipline consistent
with applicable federal and state laws, tincluding the Individuals with Disabilities Education Act
(IDEA), Section 504, and applicable Governing Board Policies and Regulations – JK, Student
Discipline; JK-R5, Discipline Of, and Alternative Interim Educational Placements For, Special
Education Students; and JK-R6, Discipline, Suspension, Expulsion for 504 Students—as applied to
these Guidelines for Student Rights and Responsibilities. Students may also be subject to applicable
civil and/or criminal penalties if they violate the law.
These Governing Board Policies and Administrative Regulations are available for review in the
principal's office and online at www.tusd1.org. Copies of this booklet are available in Spanish on the
reverse side of this booklet and can be obtained online at www.tusd1.org.

Estos Planes de Acción del Consejo Gobernante, y Reglamentos Administrativos se hacen disponibles
para revisión en la oficina del director escolar y en www.tusd1.org. Las copias en español de este
folleto están disponible al dorso de este folleto y se pueden obtener en línea en www.tusd1.org.

TUSD Governing Board:
52

Comment [A2]: We use the term “certificated
staff” in the USP to refer to teachers and others like
counselors – does this term have the same meaning
here?

Adelita Grijalva, President; Kristel Ann Foster, Clerk; Michael Hicks; Cam Juarez;
Dr. Mark Stegeman
Superintendent: John J. Pedicone, Ph.D. Helidoro Torres (H.T.) Sanchez, Ed.D.
TABLE OF CONTENTS:
SECTION A: PURPOSE ...........................................................................................................

4

1.

What Are The “Guidelines For Student Rights And Responsibilities”
And Why Are They Needed? .....................................................................................
2. When Are The Guidelines For Student Rights And Responsibilities
In Force? ....................................................................................................................

5

SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES ....................

6

1.
2.
3.
4.

4

Students Have A Right To ............................................................................................... 6-7
Students Have A Responsibility To ................................................................................. 7
Parents And Guardians Have A Right To ........................................................................ 8
Parents And Guardians Have A Responsibility To.......................................................... 8

SECTION C: GENERAL INFORMATION ...............................................................................
1. Equal Education Opportunities & Anti-Harassment Policy
(Governing Board Policy JB)...........................................................................................
2. Governing Board Position On Gang Behavior And Activity ..........................................
3. Student Attendance (Governing Board Policy JE) .......................................................
4. Dating Abuse (Policy JICL) .........................................................................................
5. Bullying, Intimidation & Harassment (Policy JICFB) ..................................................
6. School Dress Code (Required At Every School)
(Governing Board Policy JICA) ......................................................................................
7. Bus Rules .........................................................................................................................
8. Student Use Of Cell Phones And Other Electronic Devices (Policy JICJ) .....................
9. Hazing (Policy JICFA) ....................................................................................................
10. Restorative Practices .......................................................................................................

9

9
9
9
9
10
10
11
11
12
13

SECTION D: KNOW THE ACTIONS .................................................................................... 14
1. Conduct Which Must Be Reported To Law Enforcement .............................................
2. Conduct Which May Be Reported To Law Enforcement ...........................................
3. Due Process For General Education Students ............................................................
4. Due Process For Exceptional Education Students ......................................................
5. Out Of School Suspensions ..........................................................................................
6. Abeyance Contracts .....................................................................................................
7. Positive Behavior Intervention Support (PBIS) ...............................................................
8. Restorative Circles; Restorative Conferences ................................................................
9. Appeals ...........................................................................................................................
10. Expulsion ......................................................................................................................
11. Principal Application for Waiver Of Mandatory Disciplinary Actions ...........................

53

14
14
14-15
15
15-16
16
16
16
17
17
17

TABLE OF CONTENTS (CONTINUED):
ACTION LEVELS (Levels 1-5) ................................................................................................
• Important Information ......................................................................................................
• Aggression .......................................................................................................................
• Alcohol, Tobacco and Other Drugs Violations................................................................
• Arson .............................................................................................................................
• Attendance Policy Violations (Out of School Suspension Not Permitted) .....................
• Dishonesty........................................................................................................................
• Harassment and Threat, Intimidation...............................................................................
• Homicide; Kidnapping .....................................................................................................
• Other Violations of School Policies.................................................................................
• School Threat or Interference .........................................................................................
• Sexual Offenses .............................................................................................................
• Technology, Improper Use Of .........................................................................................
• Theft ................................................................................................................................
• Trespassing; Vandalism or Criminal Damage .................................................................
• Weapons and Dangerous Items (Possession Of) ............................................................

18
19
20
21-22
22
22-23
23
23
24
24
25
25
26
26-27
27
28

INDEX ........................................................................................................................................ 29-30
ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF PARENTS AND STUDENTS
(FERPA) ..................................................................................................................................... 31
ANNUAL NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS
AMENDMENT (PPRA) .............................................................................................................. 32

54

SECTION A: PURPOSE
1. WHAT ARE THE “GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES” AND
WHY ARE THEY NEEDED?
Students need an environment that is safe and positive for learning. To help provide and maintain that
environment, the Guidelines for Student Rights and Responsibilities:
TUSD is committed to partnering with students and parents to provide an environment that is safe,
supportive, and conducive to learning, and strives to reduce racial and ethnic disparities in the
administration of school discipline. To help promote and maintain that environment, the Guidelines for
Student Rights and Responsibilities:
•
•
•
•
•

Specify the rights and responsibilities of students and parents
Describe conduct which violates those rights and responsibilities
Provide guidance and instruction to help students resolve discipline problems in a manner that
supports their development
Strive to standardize those procedures that the schools will use in responding to violations of
those rights and responsibilities
Assure the rights of students and parents when disciplinary action is taken

At different age levels, students have different needs for safety, support, and learning. As students
progress through our public schools, it is reasonable to assume that an increase in age and maturity
carries with it a greater responsibility for their actions. Differences in age and maturity are recognized
in determining the type of disciplinary action to be taken and the appropriate supports and interventions.
However, the procedures outlined in the Guidelines for Student Rights and Responsibilities apply to all
students in Grades K through 12.
Disciplinary consequences must be non-discriminatory, fair, age-appropriate, and correspond to the
severity of the student’s misbehavior. When considering responses to violations, the District strives to
keep students in the classroom whenever practicable. For all but the most severe offenses (Levels 4 and
5 in the “Action Levels” section of this document), exclusionary consequences such as long-term
suspension or expulsions must be limited to instances in which student misbehavior is ongoing or
escalating, and only after the District has first implemented and documented that non-exclusionary
interventions have been attempted. If exclusionary discipline is imposed, students will have fair due
process that includes an opportunity to appeal.
For all offenses, disciplinary consequences must be paired with meaningful instruction and supportive
guidance (e.g. constructive feedback and re-teaching) so students are offered an opportunity to learn
from their behavior and, where practicable, offered an opportunity to continue to participate in the
school community.
While prioritizing student, staff, and public safety, the District shall not use serious sanctions for lowlevel conduct (Action Levels 1-3);, shall only involve School Safety and/or Law Enforcement in highlevel student discipline (Action Levels 4-5), such as when a student is a danger to self or others (to the
extent permitted by law),; and shall keep students in the classroom setting whenever practicable as
members of the school community.
55

Comment [A3]: In what instance would a Level
1-3 result in a long-term suspension or expulsion?
(This language appears to leave open the possibility
of administering a long-term suspension for levels 13 infractions which are ongoing and escalating.) We
recommend removing any possibility of exclusionary
consequences to be administered as responses to at
least Level 1-2 infractions except in situations where
school safety is at risk.
Comment [A4]: We recommend crossreferencing the Due Process language and policies.
Comment [A5]: This is not a meaningful term –
should reference specific consequences.
Comment [A6]: This should be edited to read
“shall only involve School Safety and/or Law
Enforcement as required to protect school safety.”
Per the USP, law enforcement/security otherwise do
not have a role in every day student discipline.

All district personnel administering discipline to students should be informed if a student is protected as
a student with a disability under either Section 504 or IDEA or if the student is suspected of having a
disability and is being considered for an evaluation for a disability. There are specific discipline
procedures that must be followed for students who are considered disabled under these federal laws,
including determining whether the misbehavior is a manifestation of the student’s disability.
2. WHEN ARE THESE GUIDELINES IN FORCE?
2. WHEN DO THESE GUIDELINES APPLY?
The Guidelines are enforced:
During regular school hours
• While being transported on the school bus or other school district-sanctioned transportation
• At times and places where the principal or other school official or employee has jurisdiction over
students
• During school-sponsored events
• During field trips
• During athletic functions
• When students are going to and from school (“portal to portal”)
• During other activities associated with the school in any way
Additionally, the principal is authorized to begin disciplinary action when a student's misconduct away
from school has a detrimental effect on the other students, or on the orderly educational process, because
the violation is directly connected to prior violations at school, or threatens to produce further violations
at school.

Students who believe they have experienced discrimination,
harassment, hazing, bullying, or unfair disciplinary actions,
may file a complaint with the site Principal, Assistant
Principal, the Department of Student Equity at 225-6686,
or online at www.tusd1.org/deseg
Parents who believe their student has experienced
discrimination, harassment, hazing, bullying,
or unfair disciplinary actions, may file a complaint with the
site Principal, Assistant Principal, the Department of Student
Equity at 225-6686, or online at www.tusd1.org/deseg

56

Comment [A7]: This provision is too vague and
likely expands school district jurisdiction beyond
where the district has legal authority. If the idea is to
capture situations where the District should likely
have authority but are not explicitly contemplated by
the circumstances described in the bullet points
above, the District could include language to that
effect (e.g., “In other situations properly within the
authority of the District, as determined by the
Superintendent on a case by case basis”).

SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES
Tucson Unified School District believes that educating a student is a collaborative effort with the student
and parent. To support this collaboration we realize that each party has rights and responsibilities. The
following identification of these rights and responsibilities is a general list to provide guidelines,
with the intention of not being comprehensive or all-inclusive. (See Policy JI “Rights and
Responsibilities”)
1. STUDENTS HAVE A RIGHT TO:
a. Learn in a safe, clean, orderly and positive climate – one that is unbiased, nonjudgmental, and
free from prejudice, discrimination, verbal or physical threats and abuse.
b. Receive high quality instruction that is comprehensible and appropriate to their level of academic
and linguistic development.
c. Be expected to achieve at high levels.
d. Receive differentiated instruction to meet individual needs.
e. Receive appropriate accommodations to meet individual needs (as supported by documentation)
f. Express their ideas and perspectives on issues and topics relevant to their education, including
school policies and procedures. Express their ideas and perspectives on issues and various topics
g. Participate in student activities.
h. Be treated with respect, and to be treated as a unique individual with differing needs, learning
styles and abilities in a manner that encourages and enhances individual self-esteem.
i. Be treated in a fair and equitable manner by teachers and administrators
j. Privacy. (See the “Notification of Privacy Rights of Parents and Students” at page 32)
k. Due process of law.
l. Have school rules that are enforced in a consistent, fair and reasonable manner.
m. Be free to request an interpreter or translator at any step of the disciplinary process.
n. Be free from retaliation, from fear of retaliation, and from sex discrimination and sexual
harassment at school, including dating abuse. A victim of dating abuse has the right to transfer
to another school. (See Policy JICL “Dating Abuse”).
o. Receive disciplinary actions that are fair, equitable, non-discriminatory, and are in accordance
with the Guidelines for Student Rights and Responsibilities (GSRR).
p. Have teachers and administrators who will follow all District policies related to known
allegations of Discrimination, Harassment, Hazing, Bullying, and incidents that require
Mandatory Reporting. Such known allegations or incidents must be reported by teachers to the
site administration immediately.
q. Be treated in a manner that is respectful of and responsive to their cultural traditions
r. Administrators who will:
• model appropriate behavior and expect appropriate behavior from students and teachers.
• hold students and teachers accountable for student learning.
• expect parents to be collaborative partners regarding student achievement.
• work collaboratively with the Department of Student Equity and Intervention.
57

Comment [A8]: This overlaps with (s) below –
would recommend figuring out ways to differentiate
or combining the two.

Comment [A9]: This appears to be covered by
subsections (o) and (s) below.

Comment [A10]: This overlaps with (r) below –
would recommend figuring out ways to differentiate
or combining the two.

Comment [A11]: Recommend moving this to its
own section. It’s confusing where it is – in some
instances, it’s saying that students have a right to
administrations who expect parents to do something,
which is just too confusing. A separate section on
administrator rights/responsibilities might be more
effective and comprehensible to student and parent
readers, and responsive to USP § (VI)(E)(5)..

•

s.

t.
u.

v.
w.
x.
y.
z.

host student assemblies to communicate positive core values and behavioral expectations,
and to explain the GSRR, Positive Behavioral Interventions and Supports (PBIS), and
Restorative Practices (RP) in an age-appropriate manner.
• hold informational sessions for parents at least twice per school year at each school, which
shall include information regarding GSRR, PBIS, RP, due process and appeal procedures,
and guidance making parent complaints about student discipline.
• make decisions regarding removing students and/or staff for safety reasons.
• discipline students in accordance with the GSRR.
Full access to opportunities within the educational environment without experiencing
discrimination on the basis of race, color, religion/religious beliefs, sex, gender, gender identity,
age, national origin, sexual orientation, creed, citizenship status, marital status, political
beliefs/affiliation, disability, home language, or family, social or cultural background. This
includes the availability of all support services which promote the development of student
potential (See Policy AC “Non-Discrimination”, ACA “Sexual Harassment”, and JB “Equal
Educational Opportunities and Anti-Harassment”).
Acquire English and such other languages as may be available at the school for students to study.
Access to a classroom environment that encourages the use of English, promotes appreciation of
other languages, and respects students’ right to use their native language to facilitate
communication and enhance academic achievement.
Access to books and other reading materials for supplementary and recreational use, including
materials that may be available in other languages.
Access to non-instructional interpretation services when communicating with the school, and in
some cases, to translated copies of certain school forms and documents.
Receive a copy of the Guidelines for Student Rights and Responsibilities (GSRR).
Have access to their formal student records.
Have access to school assignments/homework while serving a disciplinary suspension for the
duration of the class period (quarter or semester) and have options for alternative instructional
opportunities for any remaining suspension.

2. STUDENTS HAVE A RESPONSIBILITY TO:
a. Attend school daily according to the school district’s adopted calendar, arrive on time, bring
appropriate materials, and be prepared to participate in class and complete assignments.
b. Strive for academic growth and to strive for their personal best.
c. Participate fully in the classroom, curriculum and learning process during the entire class period.
d. Uphold an environment that allows fellow students to have an equal access to educational
opportunities.
e. Uphold an environment that allows fellow students to be free from discrimination, harassment,
hazing and bullying.
f. Make up work resulting from an absence.
g. Respect the rights, feelings, and property of fellow students, parents, school staff, visitors,
guests, and school neighbors.
h. Conduct themselves properly in an appropriate and respectful manner while on school grounds,
school buses, at bus stops, at any school-related activity, and in the classroom, so as not to
interfere with the rights of another student to learn and to contribute to a safe and orderly
environment that is conducive to learning.
i. Display behavior that does not compromise the safety of other students and/or staff.
j. Follow discipline guidelines adopted by the school and district.
k. Protect and take care of the school’s property.
58

Comment [A12]: We recommend cross
referencing relevant OCR agreements.

Comment [A13]: We recommend removing this
language in favor of stronger language regarding
translation and interpretation requirements, which
are mandatory both under the USP and under Title
VI.

l. Abide by the governing board policies and regulations.
m. Assist the school staff in running a safe school, and to help maintain the safety and cleanliness of
the school environment.
n. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities handbook (GSRR).
3. PARENTS AND GUARDIANS HAVE A RIGHT TO:
a. Receive official reports (quarterly or more frequently) of the student’s academic progress,
attendance and behavior on a consistent basis.
b. Request and be granted conferences with teachers, counselors and/or the principal.
c. Receive explanations from teachers about their student’s grades and disciplinary procedures.
d. Read all school records pertaining to their student.
e. Receive a copy of the Guidelines for Student Rights and Responsibilities handbook (GSRR).
f. Receive immediately an oral and a written notification anytime a student is sent home for any
safety and/or disciplinary reason, this which includes short-term and long-term suspensions.
g. Request an interpreter or translator at any step of the process.
h. Request a review of all disciplinary actions relating to their student.
i. Non-instructional interpretation services when communicating with the school, and in some
cases, to translated copies of certain school forms and documents.
j. Direct their student’s education, upbringing and moral or religious training.
k. Access and review all records relating to their student.
l. Make health care decisions for the minor child.
m. Access and review all medical records of the minor child unless otherwise prohibited by law or
the parent is the subject of an investigation of a crime committed against the minor child and a
law enforcement official requests that the information not be released.
n. Consent in writing before:
•
•
•
•

Comment [A14]: Same note as above re: the
definition of parent. If “parent” is defined above as
suggested, then the term can be used alone.

Comment [A15]: It may be helpful to include a
cite to FERPA here, or to the District’s FERPArelated policy/guidance.
Comment [A16]: We recommend adding ISS –
parents should receive notification of all
exclusionary discipline, including ISS, OSS, referral
to alternative school, and expulsion.
Comment [A17]: See comment above re: LEP
obligations.
Comment [A18]: How is this different from (d)?

Comment [A19]: It may be helpful to include a
cite to HIPAA here, or to the District’s HIPAArelated policy/guidance.

a biometric scan of the minor child is made.
a record of the minor’s blood or DNA is created, stored or shared.
genetic testing is conducted on the minor, unless required/authorized by law or court order.
the state or any of its political subdivisions makes a video or voice recording of the minor, unless the
recording is made during or as a part of: a court proceeding; a forensic interview in a criminal or child
protective services investigation; or for use solely in any of the following: safety demonstrations,
including the maintenance of order and discipline; a purpose related to a legitimate academic or
extracurricular activity; a purpose related to regular classroom instruction; security or surveillance of
buildings or grounds; or, a photo identification card.

o. Obtain information about a child protective services investigation involving the parent.
p. Be notified promptly if an employee of this state, any political subdivision of this state, any other
governmental entity or any other institution suspects that a criminal offense has been committed
against the minor child by someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would impede a law enforcement or
child protective services investigation. This paragraph does not create any new obligation for
TUSD to report misconduct between students at school, such as fighting or aggressive play, that
are routinely addressed as student disciplinary matters by the school.
q. Express appropriately their ideas and perspectives on issues and topics relevant to their child’s
education, including school policies and procedures.
r. Be treated in a manner that is respectful of and responsive to their cultural traditions.
4. PARENTS AND GUARDIANS HAVE A RESPONSIBILITY TO:
a. Work with teachers to support student achievement.
b. Attempt to participate and be active at their student’s school.
59

Comment [A20]: Same note as above re: the
definition of parent.

c. Be partners with school staff by sharing appropriate ideas for improving student learning and by
helping to prevent and/or resolve student discipline problems.
d. Provide supervision of the student’s health, physical and emotional well being, and assume
responsibility for the student’s timely regular attendance.
e. Promptly provide the school with explanations for student absences or tardiness.
f. Ensure student compliance with school and district policies and regulations.
g. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities (GSRR)

60

SECTION C: GENERAL INFORMATION
1. EQUAL EDUCATIONAL OPPORTUNITIES AND ANTI-HARASSMENT (POLICY JB)
It is the policy of the TUSD to prohibit discriminatory harassment based on real or perceived race, color,
religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, parental status,
status with regard to public assistance, limited proficiency in English, or family, social or cultural
background, or any other reason not related to the student’s individual capabilities or on the basis of
association with others identified by these categories. TUSD shall act to investigate all complaints of
discriminatory or other harassment, formal or informal, verbal or written, and to discipline or take other
appropriate action against anyone who is found to have violated this policy.

2. GOVERNING BOARD POSITION ON GANG BEHAVIOR AND ACTIVITY
The behaviors that have become associated with gang activity or membership, especially violence,
intimidation, and disrespect will not be tolerated on or near school property or in activities associated
with school. In accordance with this position, any students engaging in gang activities will be
disciplined to the fullest extent of TUSD policies, and prosecuted, if applicable, according to local
ordinances, and state and federal laws.
Gang: An ongoing, formal or informal organization or group of persons whose members act in concert for antisocial or
criminal purposes, and who are identified with a common name, or common signs, colors, or symbols.
Gang-Related Incident: An incident is considered gang-related when the participants, whether perpetrators or victims, are
identified as gang members or affiliates, and where a reasonable person would conclude that the incident was motivated, in
whole or in part, by a desire to promote or otherwise impact gang interests.
Bias-Related and Hate-Related Incidents: An incident is considered bias-related or hate-related when a reasonable person
would conclude that it was motivated, in whole or in part, by the perpetrator's bias or attitude against an individual victim or
group based on perceived or actual personal characteristics. Such characteristics include: ancestry or ethnicity, disability, sex,
gender, immigration or citizenship status, race, religion or religious practices, or sexual orientation.

3. STUDENT ATTENDANCE (POLICY JE)
Regular attendance is essential for success in school; therefore, absences shall be excused only for
necessary and important reasons. Such reasons include illness, bereavement, other family emergencies,
and observance of major religious holidays of the family’s faith. A Parent/Guardian should notify the
school prior to the absence/tardy with a call, note or email that his/her child is unable to attend or will be
late to school. The call, note or email must address the date/time and reason for the absence.

4. DATING ABUSE (POLICY JICL)
Dating abuse is a pattern of behavior in which one person uses or threatens to use physical, sexual,
verbal, or emotional abuse to control the person’s former or present dating partner. Behaviors used may
include, but are not limited to, physical abuse, emotional abuse, sexual abuse, and/or threats. TUSD is
committed to maintaining a school campus environment that is safe and secure for all students, and
dating abuse will not be tolerated. TUSD employees aware of dating abuse shall respond in a manner
consistent with District training. Students are encouraged to report all known or suspected instances of
dating abuse involving themselves or other students.
61

Comment [A21]: We recommend limiting this
definition to only encompass formal gangs, which
come together for criminal purposes.
Here is the state law definition from A.R.S. § 13105: “Criminal street gang” means an ongoing
formal or informal association of persons in which
members or associates individually or collectively
engage in the commission, attempted commission,
facilitation or solicitation of any felony act and that
has at least one individual who is a criminal street
gang member.
Comment [A22]: This is too vague. What does
“impact gang interests” mean in this context? And
shouldn’t there be more than essentially reasonable
suspicion that the incident is gang-related? We
recommend clarifying this definition so it focuses
more clearly on actually prohibited behavior, and
provides specific examples.
For instance: “Gang-related incident” includes gang
recruitment, gang initiation, fights between rival
gangs, or other similar behaviors. “Gang-related
activity” does not include non-threatening behavior
such as handshakes, signs, or wearing of particular
colors.
Comment [A23]: See comment above about this
standard. What would be an example of an incident
that would be captured under this policy but not a
clearer standard?
Comment [A24]: This policy should also allow
post hoc excuses in cases where parents were unable
to communicate to the school prior to their student
being absent.

5. BULLYING, INTIMIDATION AND HARASSMENT (POLICY JICK JICFB)
Bullying is a form of harassment. Bullying is the repeated intimidation of students by the real or
threatened infliction of physical, verbal, written, electronically transmitted, or emotional abuse, or
through attacks on the property of another. As part of that abuse, bullying may (includeing verbal
taunts, name-calling and put-downs, and extortion of money or possessions). Students who engage in
any act of bullying while at school, at any school function, in connection to or with any District
sponsored activity or event, or while en route to or from school, are subject to disciplinary action.

6. SCHOOL DRESS CODE (REQUIRED AT EVERY SCHOOL) (POLICY JICA)
The general guide to acceptable school dress is neatness, cleanliness and appropriateness. While the
school cannot and does not dictate styles, it is expected that students will abide by the following rules
demonstrating appropriateness in dress as though this were their daily place of business.
•
•
•
•
•
•

Shoes are required to be worn in school.
Hats and sunglasses may be worn outside in the sun for an extended period of time for protection
from the sun. A principal in collaboration with School Safety may institute stricter requirements
at a high school experiencing safety-related issues.
No bandannas may be worn.
Dark glasses may not be worn inside buildings unless a documented health problem exists.
No gang related apparel or items are allowed.
Students may not wear clothing or accessories in school buildings or on school grounds that are:
o Hazardous, damaging, or presenting danger to school property or persons including but
not limited to: extended belts (belts should fit proper length), choke chains, dog collars,
wallet chains or any type of spiked apparel or jewelry;
o Depicting and/or promoting and/or endorsing illegal or violent activities illegal drugs,
tobacco or alcohol;
o Vulgar, obscene, indecent, libelous, or degrading of others on the basis of race, color,
religion, ancestry, national origin, sex, gender, sexual orientation or disability; and/or
o Distracting so as to interfere with the teaching or learning process such as extremely
revealing garments including but not limited to short shorts, short skirts, short dresses
(must cover buttocks while standing and sitting), tube tops, net tops, swimsuits, strapless
tops, spaghetti strap tops, halter tops, muscle shirts, basketball shirts without an
accompanying T-shirt, no tights or leggings to be worn as pants, garments with plunging
necklines, transparent and see through garments, (midsections must be covered and
undergarments shall be completely covered with outer clothing).

Comment [A25]: Under Federal standards,
harassment does not need to be “repeated” if it is
adequately severe. See U.S. Department of
Education Office for Civil Rights (“OCR”) October
26, 2010 Dear Colleague Letter on harassment. We
recommend removing “repeated.”
Comment [A26]: This sounds strange without
examples. We recommend adding “(e.g., spraypainting derogatory terms on a student’s locker or
vehicle)” or similar.
Comment [A27]: For McKinney Vento (i.e.,
homeless, migrant worker, or similar) students,
meeting the requirements of the dress code may be
impossible. (For instance, not all students have easy
access to cleaning technology.) We recommend
adding language stating that students who cannot
afford clothing to meet the dress code will be
provided with necessary assistance, and that students
will not be disciplined for being financially unable to
follow the dress code.

Comment [A28]: This is too vague. We
recommend adding examples to clarify (e.g.,
“wearing colors known to be affiliated with a
particular gang, or wearing clothing with illustrations
of known gang signs or symbols”).

Students who violate TUSD’s dress standards may be asked to do any of the following depending upon
the specific circumstances:
•
•
•
•

Turn inappropriate clothing inside out.
Change into clothing that may be provided by the school.
Change into other clothing which has been brought to school.
Remove the jewelry or other accessory.

*NOTE: These dress guidelines represent the minimum standards. Individual school sites may adopt
additional guidelines. Students wearing inappropriate clothing to school are given an opportunity to
change clothing or they will be released from school in the company of the parent/guardian.
62

Comment [A29]: We recommend adding a
statement that even where schools adopt additional
specifications, they still have to provide
opportunities to change, not administer exclusionary
discipline for dress code infractions, and provide
McKinney Vento and other at-need students with
clothes to meet the dress code.

7. BUS RULES
Student Behavior Policy
Proper student behavior contributes to the overall safety and comfort of the ride to and from school.
Following driver directions and all ridership rules is paramount to maintain a safe and enjoyable ride
for all. Infractions will be dealt with through the District-approved Student Conduct policies which
include driver interventions, the student's principal, and other administrators as deemed appropriate.
Riding is a privilege; parents and students should discuss and make sure they know the rules:
• Always comply with bus driver’s/monitor’s directions
• Use classroom voice only (no profanity/loud noises/threats/intimidation)
• Remain seated; keep hands, feet, and head inside bus
• All personal possessions must be under control at all times
• Keep unauthorized materials and substances off bus (animals, glass objects, weapons,
illegal substances, or large objects that occupy a seat space)
• No eating or drinking on the bus
AS a last resort, violations of these bus rules may result in the loss of bus privileges for a
limited time.

Safety Precautions for Students
• Know the route to and from the bus stop, safety precautions and common courtesies to be
maintained en route and at the bus stop.
• Know the correct bus route number.
• Discuss what to do if the bus is late in the morning or no one is home in the afternoon
• ALWAYS board/depart the bus at the correct stop as known and approved by the parent.

8. STUDENT USE OF CELL PHONES AND ELECTRONIC DEVICES (POLICY JICJ)
For purposes of this policy, “electronic devices” include, but are not limited to, cell phones, Mp3
players, iPods, personal digital assistants (PDA’s), e-book readers, compact disc players, portable game
consoles, cameras, digital scanners, lap top computers, tablet computers and other electronic or battery
powered instruments which transmit voice, text, or data from one person to another.
Students may possess and use cellular telephones and/or other electronic signaling devices subject to
limitations of this and other policies of the District under the following conditions and guidelines:
• Cell phones and/or electronic devices are to be kept out of view in a student’s locker, pocket, or a
carrying bag.
• Such devices shall not be turned on or used during instructional time, except as authorized by the
teacher.
• The principal shall establish additional guidelines appropriate to campus needs.
• Students violating the policy may have the electronic device confiscated and be subject to
disciplinary action. Any search of the contents of an electronic device shall be by an
administrator in accordance with the Guidelines for Students Rights and Responsibilities.
Reasonable efforts will be taken to secure property that has been confiscated; however, neither the
School District nor the School District Staff is responsible for loss, damage, or theft of any
63

Comment [A30]: This is too vague. We
recommend stating what the maximum bus
suspension is. We also recommend thinking
carefully about the intersection between bus
suspension and the District’s USP transportation
obligations to students transferring from racially
concentrated schools, and whether it may be
possible, instead of bus suspension, to move a
student to a different bus route.

electronic device including but not limited to cell phones, laptops, tablet computers, portable
media player brought to school, even if loss, damage or theft results from the device being
confiscated.
9. HAZING (POLICY JICFA)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged
in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be
promoted to District schools within twelve (12) calendar months. For purposes of this policy a person as
specified above shall be considered a “student” until graduation, transfer, promotion or withdrawal from
the District school.
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually
or in concert with other persons, against another student, and in which both of the following apply:
•
•

The act was committed in connection with an initiation into, an affiliation with, or the
maintenance of membership in any organization that is affiliated with an education institution.
The act contributes to a substantial risk of potential physical injury, mental harm or degradation,
or causes physical injury, mental harm or personal degradation.

“Organization” means an athletic team, association, order, society, corps, cooperative, club, or similar
group that is affiliated with an educational institution and whose membership consists primarily of
students enrolled at that educational institution.
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
• Customary athletic events, contests or competitions sponsored by an educational institution.
• Any activity or conduct that furthers the goals of a legitimate educational curriculum, a
legitimate extracurricular program, or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual
authority to prevent violations of this policy. Students and others may report hazing to any professional
staff member. Professional staff members must report the incident to the school administrator or next
higher administrative supervisor, in writing, with such details as may have been provided. A failure by a
staff member to timely inform the school administrator or next higher administrative supervisor of a
hazing allegation or their observation of an incident of hazing may subject the staff member to
disciplinary action in accord with District policies. The staff member shall preserve the confidentiality
of those involved, disclosing the incident only to the appropriate school administrator or next higher
administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing
which includes possible child abuse or violations of statutes known to the staff member shall be treated
in accord with statutory requirements and be reported to a law enforcement agency.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure
shall be posted conspicuously in each school building and shall be made a part of the Rights and
Responsibilities section of the student handbook. Forms for submitting complaints are to be available to
students and staff in the school offices. Disposition of all reports/complaints shall be reported to the
Superintendent. The Superintendent will determine if the policies of the District have been
64

appropriately implemented and will make such reports and/or referrals to the Board as may be
necessary.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties
provided for in District policies related to the conduct and discipline of students, staff, and others.

10. POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS; RESTORATIVE
PRACTICES
Positive Behavioral Interventions and Supports (“PBIS”) is an evidence-based, proactive, data driven
framework that includes a range of tiered interventions designed to prevent problem behavior while
teaching socially appropriate behaviors. The focus of PBIS is creating and sustaining school
environments for all students in which appropriate behavior is supported and problem or disruptive
behavior is redirected. This culture is created by
• Defining and teaching behavioral expectations
• Monitoring and acknowledging appropriate behavior
• Providing corrective and appropriate consequences for behavioral errors
• Providing appropriate services for students who need additional behavioral supports
• Using a team-based management system to oversee the PBIS program
• Using referral data for problem solving
Restorative Practices is an approach that seeks to develop good relationships and restore a sense of
community. Restorative Practices: focuses on repairing harm caused by an offending behavior, while
holding the wrongdoer accountable for his/her actions; provides an opportunity for the affected parties
(victim, wrongdoer, and community) to identify and address their needs as a result of the offending
behavior, and make amends or find a resolution; and surrounds the affected parties with a community of
care, in which all parties share in the resolution of the problem.
In schools, Restorative Practices provides a proactive approach for building a community of care based
on collaboration, mutual understanding, and reciprocated respect. This process holds students
accountable for their actions while, at the same time, building a caring school environment. Attention is
given to the victim and the wrongdoer, whether they are student or staff. Restorative Practices allows
wrongdoers an opportunity to rejoin the school community after they have made amends. See Section
D(8) below for a description of Restorative Practice strategies that may be used by sites.
All sites shall have or share a Restorative and Positive Practices Site Coordinator (“RPPSC”). A
school’s learning supports coordinator may be designated to serve as the RPPSC for the site. The
RPPSCs shall be responsible for assisting instructional faculty and staff to: (a) effectively communicate
school rules; (b) reinforce appropriate student behavior; and (c) use constructive classroom
management, positive behavioral interventions and supports, and restorative practices strategies.

65

SECTION D: KNOW THE ACTIONS
ADMINISTERING THE GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES
The Arizona Department of Education has developed a list of violations as well as a list of possible
actions a school district may take in response to a violation. TUSD has categorized these possible
actions into five levels and then assigned a level to each violation depending on the severity of the
violation. In this way, students from school to school will receive similar actions for similar violations.
A major consideration in the application of the Guidelines for Student Rights and Responsibilities is to
identify the most appropriate disciplinary action necessary to bring about positive student behavior.
Actions are not to be considered in isolation but rather as part of the overall goal of creating inclusive
and supportive environments for students. At the elementary level, the age and developmental level of
the child may be considered in interpreting the severity of the discipline imposed. Student services
personnel, such as counselors, social workers, learning support coordinators, or psychologists, play a
vital role in assisting the student in resolving any problems influencing the student’s behavior.

1. CONDUCT WHICH MUST BE REPORTED TO LAW ENFORCEMENT
It is important for all staff, students, and parents to understand that, in addition to taking disciplinary
action at the school level, certain criminal behavior must be reported to appropriate law enforcement
agencies. The law requires sSchool officials are required to report the following incidents:
Use or threat to use a deadly weapon or dangerous instrument
Aggravated Assault resulting in physical injury
Sexual conduct with a minor under 15 years of age
Possession, use, sale, or attempted sale of illegal drugs

Homicide
Sexual Assault
Armed Robbery
Kidnapping

Burglary in the first degree
Arson of an occupied structure
Any dangerous crime against minors
Bomb threats

Comment [A31]: Per the USP, the District
should designate a limited number of individuals
responsible for reporting conduct to law
enforcement, except in emergencies. For instance,
the principal and an AP responsible for discipline
could be designated. Without limiting the pool of
individuals who can report, there can be significant
and problematic confusion leading to serious
collateral consequences for students.

Additionally, pursuant to A.R.S. § 13-3620, school personnel are required to immediately report any
reasonable belief of non-accidental physical injury, neglect, or sexually related offense against a minor.
“Physical injury” means the impairment of physical condition, and may include any skin bruising,
pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone,
subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that
imperils health or welfare. (See A.R.S. § 13-3623(F)(4))

2. CONDUCT WHICH MAY BE REPORTED TO LAW ENFORCEMENT
Additionally, the administrator MAY report to law enforcement agencies other potentially disruptive
incidents when necessary to maintain safety. When appropriate, school officials should utilize
supports and interventions that provide guidance and structure to the student and help them to improve
their behavior without involving law enforcement. An administrator must immediately notify an
Assistant Superintendent or Director, and the Department of Student Equity and Intervention, when
66

Comment [A32]: Same comment as above about
who is designated to report.

law enforcement is contacted. Incidents that may be reported to law enforcement when necessary to
maintain safety include, but are not limited to, the following:
Possession, sale or distribution of dangerous substances, including alcohol, tobacco or legal drugs
Demonstration by students which is likely to create unsafe conditions
Threats
Setting off a false fire alarm
Assault
Vandalism

3. DUE PROCESS FOR GENERAL EDUCATION STUDENTS
Any student whose conduct may warrant suspension or expulsion will be provided due process. This is
a legal safeguard that protects the rights of students and their parents and is constitutionally guaranteed.
Due process steps include:
•
•
•
•
•
•
•
•
•

Oral or written notice of the charges presented to the student;
An opportunity to present the student's side of the story in an informal hearing or meeting;
The allowance, for safety considerations, for a student to be removed from the school prior to an
informal hearing with that hearing to follow as soon as practical;
Adequate notification and an opportunity for a fair hearing;
Written notification to parents about suspension of student;
That parents will be informed in writing of all suspensions and that they have the right to a
conference with the principal;
That if parents are not satisfied with any school official's decision they are entitled to request a
review by the school official's immediate supervisor;
Formal due process in long-term suspension and expulsion proceedings
A right to appeal disciplinary decisions

Comment [A33]: We recommend limiting this
provision: at present, a student could be referred to
law enforcement if a school official determines that
their possession of ibuprofen is dangerous. We
assume this is meant to cover, for instance, a student
properly prescribed Adderall giving or selling their
stimulants to another student who does not have a
prescription. If so, the language should be narrowed.
Comment [A34]: This is too vague and has
problematic First Amendment implications. We
recommend providing an example or removing this
infraction from the list.
Comment [A35]: This is too vague and open to
subjective interpretation. Without clarity on what
precisely constitutes a threat, the ability to call law
enforcement on students who “seem” threatening
leaves significant room for implicit bias to affect
decision-making in this arena. We recommend
removing this infraction or providing a number of
clarifying examples.
Comment [A36]: We recommend stating a dollar
value here. Vandalism is a broad category which
can include everything from writing on one’s desk to
destroying valuable media technology.
Comment [A37]: These two bullets overlap. We
recommend combining them.

4. DUE PROCESS FOR STUDENTS WITH 504 PLANS OR IEPs
Students with disabilities under Section 504 or IDEA (and students suspected of having a disability)
may be disciplined in the same manner as any other student and may be suspended for up to 10
cumulative days of school per school year. If a suspension beyond 10 cumulative days is contemplated,
special procedures that must be followed.
A manifestation determination conference must be held prior to the 11th day of suspension
• If the manifestation determination conference concludes that the student’s behavior is a
manifestation of the student’s disability, then no further disciplinary action can be taken. The
504 or IEP team shouldmust convene to develop an appropriate behavior plan for the student.
• If the manifestation determination conference concludes that the student’s behavior is not a
manifestation of the student’s disability, the District may impose whatever long-term suspension
or expulsion it would impose under the same circumstances if a non-disabled student were the
offender. The District has no obligation to continue to provide educational services to a 504
student during the period of a long-term suspension or expulsion. However, the District must
continue to provide educational services for students eligible under IDEA. Please refer to the
appropriate Governing Board regulations JKA and JKAB and to the Exceptional Education
Handbook for specific procedures.

67

Comment [A38]: Or a change in placement.
Need to add language including change of placement
in these procedural protections.

A student with a disability under IDEA may be referred to an Interim Alternative Educational Settings in
certain circumstances regarding the use or possession of drugs, weapons, or serious bodily injury. Refer
to the Exceptional Education Handbook for specific procedures.

5. OUT OF SCHOOL SUSPENSIONS
Short-Term Suspension – A principal or principal’s designee may suspend a student from school for
up to ten (10) from one (1) to ten (10) school days due to misconduct, depending on the severity of the
misconduct. However, principals may take this action only after they have exhausted informal
disciplinary strategies have identified, implemented, and documented appropriate behavior interventions
for a reasonable duration. (See interventions listed under Action Level 1 for examples of appropriate
strategies). Such efforts must be made before principals may suspend students for low-level conduct
(Action Levels 1-3). Only after implementing interventions with fidelity may a principal reject them as
inappropriate in a given situation, and resort to short-term suspension as a consequence. Conferences to
resolve the problem must be scheduled with the parent, student, and other appropriate school staff
members as part of the continuum of supports and interventions implemented to support student success.
Make-up Work (Short-Term Suspension)
If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. Governing Board Policy Regulation JK-R1, Short Term Suspension states: “The
student is allowed access to class assignments and to make up tests upon return to school. Homework
must be made available for the parent to pick up at the school office.” It shall be the parent’s and
student’s School administrators should assist parents and students with the shared responsibility to make
arrangements to obtain such assignments and homework and to have completed assignments returned to
the school for grading and credit. One set of assignments must be completed and returned before another
set of assignments can be picked up. Students on suspension who successfully complete such
assignments shall be allowed a reasonable time to take makeup tests upon returning to school. During
the term of the suspension, the student is to remain away from all Tucson Unified School District
schools and activities. If it is necessary to come to a school, the student must make prior arrangements
with the principal or principal’s designee.

Long-Term Suspension – A Hearing Officer may suspend a student from school for up to 180 days.
Long-term suspensions of more than 45 days shall not be imposed except for Violations at Level 5.
Hearing Officers may Principals take this action only after the site administration has when they have
exhausted other disciplinary strategies (Ssee interventions listed under Action Level 1 for examples of
appropriate strategies), or when they have at least considered those alternatives and rejected them as
inappropriate in a given situation. Conferences to resolve the problem must be are scheduled with the
parent, student, and other appropriate school staff members at appropriate times as part of the continuum
of supports and interventions implemented to support student success. Students suspended more than 20
days may have an option to enroll in the “Life Skills” alternative to suspension program.
Make-up Work (Long-Term Suspension)
68

Comment [A39]: In what instance would 10 days
be appropriate for a Level 1-3 infraction? We could
see some appropriate suspension at Level 3, but we
recommend removing any possibility of exclusionary
consequences to be administered as responses to
Level 1-2 infractions except in situations where
school safety is at risk, in line with the USP.
Comment [A40]: We recommend that for both
short and long-term suspensions, the District make
class work and homework available via email/the
District website as much as possible.

Comment [A41]: In what instance would a
suspension of more than 10 and less than 45 days be
appropriate for a level 1-4 infraction? Per the USP,
we recommend limiting this type of suspension and
only permitting it, if at all, for infractions that
significantly interfere with others’ safety and
learning and are of a threatening or harmful nature.

If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. School administrators should assist parents and students with the shared
responsibility to make arrangements to obtain such class assignments and homework and to have
completed assignments returned to the school for grading and credit. One set of assignments must be
completed and returned before another set of assignments can be picked up. Students on suspension
who successfully complete such assignments shall be allowed a reasonable time to take makeup tests
upon returning to school. Homework will be made available by the student’s teachers for the remainder
of the grading period. However, because of the difficulty in students keeping up with class work
through homework alone, without an instruction component, after the end of a grading period, students
will receive academic support through a TUSD alternative program such as distance learning. During
the term of the suspension, the student is to remain away from all Tucson Unified School District
schools and activities. If it is necessary to come to a school, the student must make prior arrangements
with the principal or principal’s designee.

6. ABEYANCE CONTRACTS (REGULATION JK-R4) (POLICY JK-R4)
An administrator may offer to not immediately impose the assigned out-of-school suspension if (1) the
administrator believes it is in the best interest of the student and the school community, (2) the student
admits to committing the infraction, (3) the student and parent/legal guardian agree to certain conditions,
and (4) the student and parent/legal guardian sign a contract, called an abeyance contract. The term of
the abeyance contract may not exceed the maximum suspension term for the offense level. If a student
violates his/her abeyance contract with a suspendable offense, the student must serve the remaining term
of the initial offense plus the suspension for the additional offense. These two suspensions would be
served concurrently. (The last days of the first suspension would also be the first days of the additional
suspension.)

7. POSITIVE BEHAVIOR INTERVENTION SUPPORT (PBIS)
Positive Behavior Intervention Support: builds relationships by focusing on accountability for actions,
allowing all voices to be heard and having the opportunity to repair damage by making things right in a
fair and restorative way.
In the Positive Behavior Intervention Support (PBIS) system, students, who do not respond to the school
wide or classroom supports that are in place for all students, may be evaluated to determine the function
of the misbehavior through Functional Behavioral Assessment (FBA) and an intervention may be
matched to their circumstance. Interventions which have been shown to be successful across age and
grade levels include: mentoring, social skills groups, interest-based clubs, daily monitoring of selected
problem behaviors. In a handful of situations, when these group supports are not sufficient, highly
individualized interventions involving multiple systems and based on data may be implemented. If the
situations involve a victim or multiple victims, Restorative Practices are complimentary.

8. RESTORATIVE CIRCLES; RESTORATIVE CONFERENCES
Restorative Practices actions range from informal to formal. In schools, these actions include:
•

Small impromptu circles: a few people meet to briefly address and resolve a problem; facilitated
by teachers, administrators, and/or learning supports coordinators.

69

Comment [A42]: Does the District track data on
abeyance contracts?

•

Group or classroom circles: a larger group can meet in a large circle or a classroom circle to
discuss issues, answer questions, solve problems, or offer feedback; facilitated by teachers,
administrators, and/or learning supports coordinators.

•

Formal restorative conferences: address serious problems of behavior. These conferences may
involve wrongdoers, victims, parents, and school administrators. Only those trained in formal
conferences can facilitate a formal conference.

*sites may also elect to utilize “Teen Court” (aka “Peer Juries”)

9. APPEALS
Students and parents/guardians have the right to appeal short-term and long-term suspension decisions;
however, there is no appeal from the Governing Board’s final decisions regarding long-term suspension
appeals or its expulsion decisions. (See Policy JK and its accompanying regulations for details).

Comment [A43]: This is technically inaccurate; a
family could sue. We recommend adding so it reads
“no school-district-based appeal” or similar.

10. EXPULSION
Expulsion is defined as the permanent withdrawal of the privilege of attending a TUSD school unless
the Governing Board reinstates the privilege. A principal may or, in some cases, must request that the
Superintendent recommend to the Governing Board the expulsion of a student. This is the most serious
disciplinary step available. As part of its decision to expel, the Governing Board may permit the student
to apply for readmission through the Office of Student Equity and Intervention after any period of time
it may set. The Governing Board, or designee, may establish further conditions within the readmission
process with which the student must comply prior to their admission to the instructional process. During
the term of the expulsion, the student is to remain away from all Tucson Unified School District schools
and activities. If it is necessary to come to a school, the student must make prior arrangements with the
principal or principal’s designee.
Students with disabilities eligible under IDEA will continue to be offered educational services, although
in an alternative setting.

11. PRINCIPAL APPLICATION FOR WAIVER OF MANDATORY ACTIONS
For violations requiring Action Level 4 or 5 consequences, the principal has the prerogative to seek the
waiver of any portion or all of the mandatory disciplinary action through the appropriate Assistant
Superintendent. The principal may seek the waiver and, if granted, the parties directly involved shall be
informed of the reasons the waiver was granted.
Waivers may not be sought when the prescribed disciplinary action involves the possession of a firearm
or the threatening of an educational institution. By state law in such a case, only the Governing Board
may decide, on a case by case basis, whether to impose less than the mandatory penalty.

70

Comment [A44]: Does this provision mean that a
student may be expelled for longer than one calendar
year? We recommend changing this provision, as
well as the expulsion policy, to make it a rebuttable
presumption that students may reenroll after one year
of expulsion, as is typical in school districts across
the country.
Comment [A45]: In what types of situations
would this request be mandatory? In state zero
tolerance/mandatory expulsion cases? Needs further
explanation.

ACTION LEVELS
The chart below lists actions that may be taken by school administration as the result of a violation. The
Action Level identifies maximum action for violations assigned to that level. Actions listed in bold are
the minimum – i.e., or mandatory – action for that level of violation. Multiple actions may be
applied to a single violation. Action Levels are developed with input from students, parents, teachers and
community members. For all violations, parent notification and student conference are mandatory.
Interventions which have been shown to be successful across age and grade levels include: mentoring,
social skills groups, interest-based clubs, daily monitoring of selected problem behaviors.

LEVEL 2

LEVEL 1

It will be the policy of TUSD to implement Restorative Practices wherever practicable.
o Parent Notification
and Conference
Request
o Student Conference
o Restorative Circle
o Restorative Conference
o Confiscation of Contraband
o Parent Conference
o Student Verbal Apology
o Student Written Apology
o Warning

o Referred to Outside Agency
o Community Service
o Detention
o Peer mediation
o Privileges Suspended
o Restitution
o Saturday School
o Teen Court
o Functional Behavioral Assessment

o Meeting With School Counselor
o Reassignment To A Different
Class
o Behavior Contract
o Work Detail
o Behavior Intervention Group
o Threat Assessment
o Behavior Intervention Plan
o Lunch Detention
o Monitoring of selected problem
behaviors
o Other Action

Any mandatory action from the prior level(s) mustalso be imposed.
Both mandatory actions from Level 1must also be imposed.

o Restorative Conference and/or Restorative Circle
o
o
o
o

Behavior Contract
Social Skills Groups and/or Mentoring
In School Suspension – Short-Term
Out Of School Suspension and/or Abeyance – Short-Term (1-3 Days)

LEVEL 3

Any Action from the prior level(s) may also be imposed.

Comment [A46]: The list of corrective
strategies/interventions under Level 1 right now is
generally good, and should be expanded to be used
as responses to all levels of infractions as this
sentence suggests. We also recommend adding the
following:
-Behavior learning packets
-Time out
-Check in / check out
-Reflective essay
Comment [A48]: Is this after school detention, if
the other detention (in the right-hand column) is
lunch detention?
Comment [A49]: What does this mean? We
suggest including examples for less obvious
strategies.
Comment [A50]: We recommend removing this
from the list of corrective strategies.
Comment [A47]: This is now repetitive with
bullet point 1 above.
Comment [A51]: We recommend limiting this
provision to ensure that it is not used to bootstrap far
more punitive measures into Level 1 responses. For
instance, it could say “Other action not inconsistent
with other Level 1 interventions and approved by the
RPPSC.”
Comment [A52]: Does this “short-term” mean 13 days, or 1-10 days, as defined above? If it means
1-10 days, we suggest a lower cap on the maximum
suspension, as Level 2s are still low-level, nonthreatening infractions.

o Short-Term In School Action and/or Abeyance
o Restorative Conference and/or Restorative Circle

Comment [A53]: We similarly recommend some
limits on this consequence.

o In School Suspension
o Out Of School Suspension and/or Abeyance – Short-Term (1-10 Days)
o Department of School Safety Contact in Appropriate Circumstances

Comment [A54]: 10 days OSS is extremely
punitive for some Level 3 infractions (e.g., network
violation). We recommend placing caps on the
amount of OSS for those Level 3s that do not
implicate school safety, or moving those infractions
to Level 2.

71

LEVEL 5

LEVEL 4

Any Action from the prior level(s) may also be imposed.

o Out of School Suspension and/or Abeyance – Long-Term (11-30 45 Days)
o Restorative Conference and/or Restorative Circle
o Restorative Conference and/or Restorative Circle
o Removal By Hearing Officer For Likely Injury To Self Or Others
o Removal By Student’s IEP Team To An Interim Alternative Education Setting

Any Action from the prior level(s) may also be imposed.

o Out of School Suspension and/or Abeyance – Long-Term (11-180 Days)
o Restorative Conference and/or Restorative Circle (upon re-entry to school)
o

Expulsion

72

Comment [A55]: 30 days OSS is too punitive for
some Level 4 infractions (e.g., mere possession of an
inhalant, which could be a glue stick). As with the
above, we recommend placing caps on the amount of
OSS for those Level 4s that do not implicate school
safety, or moving those infractions to Level 3.

• All parent conferences will be made in the timeliest manner.
• A student who willingly assists or forces another student to commit a violation of these
guidelines will be held equally accountable for the violation.

IMPORTANT INFORMATION

• Attempted violations may require Actions. Administrators will determine the appropriate
level of Action to take for an attempted violation. The Action will generally be at a level
less than that of the actual violation.

Comment [A56]: The policy should also note
that if a parent cannot, for work or personal reasons
(e.g., required family caretaking activities),
participate in an in-person meeting, that the parent
may participate in a conference via phone or another
accessible mode of communication. We recommend
adding language permitting these conferences to take
place over the phone. We also recommend adding
language stating that students will not be disciplined
further merely because their parent cannot
participate in a conference.

• For repeated and/or multiple offenses, Administrators may apply an action that is one
level higher than that listed, but only after approval from the Department of Student
Equity and Intervention. The Department of Student Equity and Intervention will review
whether the teachers and/or administrators have attempted to effectively implement
interventions to address any underlying or unresolved issues, and will not permit a single
type of behavior to be elevated more than one level, regardless of the frequency of
occurrence.
• When determining the appropriate level of action to take, administrators may consider a
student’s claim of self defense, defense of others or defense of property.
• When determining the appropriate action to take, Administrators at the elementary level
(Pre-K-5th Grade) may consider all violations, with the exception of possession of
firearms or any incidence of threat to an educational institution, at one level lower than
that of the actual violation.
• Administrators may not withdraw a student’s open enrollment or magnet status during the
school year as a consequence for a discipline violation.
• Students will not receive out of school suspension for attendance violations.
• Law Enforcement Officers, including School Resource Officers, School Safety Officers,
and other law enforcement and security personnel shall not be involved in low-level
student discipline. Low level offenses are levels 1, 2 and 3. An administrator must
immediately notify an Assistant Superintendent or Director and the Department of
Student Equity and Intervention when law enforcement is contacted.

73

Comment [A57]: Can administrators do so
during the summer? Would take this out.
Comment [A58]: Do students receive ISS for
attendance violations? We would recommend
against that except in limited circumstances (e.g.,
documentation of at least three separate
interventions, including, but not limited to, student
conferences, parent conferences, changes to class
schedules and locker locations, child welfare and
attendance intervention, reflective activities, and
problem solving activities, prior to considering any
exclusionary discipline consequences for tardiness or
truancy, or the assignment of detention).

The Arizona -Department of Education has identified the following violations:
AGGRESSION
Violation

Action Level

Verbal Provocation
Use of language or gestures that may incite another person or other people to fight.

1

Recklessness
Unintentional, careless behavior that may pose a safety or health risk for yourself or for others.

1

Minor Aggressive Act
2

Student engages in non-serious but inappropriate physical contact.
Examples: hitting, poking, pulling, tripping, or pushing.

Other Aggression
Includes other acts of aggression not specifically listed within the Aggression section including, but not
limited to, serious and inappropriate physical contact.

3
Comment [A59]: Under the current Levels
structure, a student could receive up to a 10-day
suspension for pulling a chair out from under
someone. We strongly recommend either providing
more serious examples of “other aggression” or
moving it to a Level 2 infraction.

Examples: pulling a chair out from underneath another person, or other behaviors that demonstrate low-level
hostile behaviors.

Disorderly Conduct
A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or
person, or with knowledge of doing so, such person:
1. Engages in violent or seriously disruptive behavior.
2. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke
immediate physical retaliation by such person.
3. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the
business of a lawful meeting, gathering or procession.
4. Refuses to obey a lawful order to disperse issued to maintain public safety. (see A.R.S. §13-2904)
5. Recording/distributing fights on any social media outlet.

3

Comment [A60]: This does not seem applicable
in the school context. We suggest editing to be
specific to the school environment.

Endangerment
A person commits endangerment by endangering themselves or another person with a substantial risk of
imminent death or physical injury. (see A.R.S. § 13-1201)

Fighting

3
3

Mutual participation in an incident involving physical violence; does not include verbal confrontation alone.

Assault
A person commits assault by intentionally, knowingly, or recklessly causing physical injury to another person;
knowingly touching another person with the intent to injure, insult or provoke such person., or by threatening
to use a deadly weapon or dangerous instrument or a simulated deadly weapon. (see A.R.S. §13-1203)

4
Comment [A61]: We do not understand what
these examples mean in this context.

Examples: Restraining, barricading.
Only if the administrator forms a reasonable belief that a student has suffered a non-accidental physical
injury is a report to law enforcement mandatory.

Aggravated Assault
A person commits aggravated assault if the person:
1. Causes serious physical injury to another.
2. Uses a deadly weapon or dangerous instrument.
3. Commits the assault by any means of force that causes temporary but substantial disfigurement, temporary
but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. Commits the assault while the victim is bound or otherwise physically restrained or while the victim's
capacity to resist is substantially impaired.
5. Commits assault and the person is in violation of an order of protection.
6. Commits the assault knowing or having reason to know that the victim is any of the following: law
enforcement officer, prosecutor, firefighter, EMT/Paramedic engaged in official duties, teacher or any
school employee on school grounds, on grounds adjacent to the school or in any part of a building or
vehicle used for school purposes, teacher or school nurse visiting a private home in the course of the
teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom

74

5
Mandatory report
to law enforcement

activity held on other than school grounds. (see A.R.S. § 13-1204)

ALCOHOL, TOBACCO AND OTHER DRUGS VIOLATIONS
Definitions
Drug Violation: Unlawful use, cultivation, manufacture, distribution, sale, purchase, possession, transportation or importation of any controlled
drug or narcotic substance or equipment and devices used for preparing or taking drugs or narcotics. Includes being under the influence of drugs
at school, school-sponsored events and on school-sponsored transportation. Includes over-the-counter medications if abused by the student.
Possession: knowing exercise of dominion or control over an item.

Use: the act of using.

Sale: to transfer or exchange an item to another person for anything of value or advantage, present or prospective.
Share: to allow another person to use or enjoy something that one possesses.

Violation

Action Level

Over the Counter Drugs, Inappropriate use of
Medicines that may be purchased directly without a prescription from a health care professional. Inappropriate
use includes any use other than that described on the packaging or recommended by a health care professional.

Possession
Use
Sale
Share

2
2
3
3

Inhalants
Inhalants include medications, anesthetics, or other compounds in vapor or aerosol form, taken by inhalation.
This does NOT include e-cigarettes or hookah sticks.

Possession
Use
Sale
Share
Unknown Drug
Possession
Use
Sale
Share
Substance Represented as of Illicit Drug

4
4
5
5
4
4
5
5

Comment [A63]: We recommend that the
District reevaluate this infraction. These substances
may in fact be over the counter drugs. We suggest
adding a caveat that the ultimate nature of the
substance will determine the response, and an
individualized assessment will be conducted.
Comment [A64]: Could cover a student selling
oregano to another student as a level 5 offense.

A substance that is not an illicit drug but that is represented as, and could be perceived as being, an illicit drug.

Possession
Use
Sale
Share
Prescription Drugs, Inappropriate use of

Comment [A62]: As noted above, these are
extremely punitive responses to what may often be a
relatively low-level issue (e.g., possession of a
marker or glue).

4
4
5
5

Medicines obtained with the lawful prescription of a health care professional. Inappropriate use includes any
use other than that described by the prescription.

Possession
Use
Sale
Share
Illicit Drug
Illicit drugs include dangerous drugs, narcotic drugs, marijuana, and peyote as defined by A.R.S. § 13-3401,
and appearing in any form, including seeds, plants, cultivated product, powder, liquid, pills, tablets, etc.

Possession
Use
Sale
Share
Alcohol Violation

Mandatory report
to law enforcement
4
4
5
5
Mandatory report
to law enforcement
4
4
5
5

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or
use of intoxicating alcoholic beverages or substances represented as alcohol. This includes being intoxicated
at school, school-sponsored events and on school-sponsored transportation.

Possession

4
75

Comment [A65]: As written, this permits 10-30
day suspensions for possession of a legal drug. We
recommend reducing the consequences/leveled
responses.

Use
Sale
Share

4
5
5

Tobacco Violation
The possession, use, distribution or sale of tobacco products on school grounds (including any device or
substance that delivers nicotine such as e-cigarettes, nicotine patches and hookah sticks), at school-sponsored
events and on school-sponsored transportation. (see A.R.S. §36-798.03).

Possession
Use
Sale
Share

2
2
3
3

Possession of Drug Paraphernalia
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use
or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of
this chapter . (see A.R.S. § 13-3415 )

Possession
Use
Sale
Share

2
2
3
3

ARSON
Definitions
Structure: a building or place with sides and a floor used for lodging, business, transportation, recreation, or storage
Occupied structure: any structure in which one or more persons is, or is likely to be present, or is so near as to be in equivalent danger at the
outset of the fire or explosion. This includes any dwelling house, whether occupied or not.
Property: anything other than a structure that is owned and has value of any kind (e.g., a backpack, school book, clothing, etc.).
Damage: as used here, means a tangible or visible impairment to a surface.
Reckless Burning: recklessly causing a fire or explosion resulting in damage to a structure, wild land, or property. (see A.R.S. § 13-1702).

Violation

Action Level

Arson of a Structure or Property
A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or
property by knowingly causing a fire or explosion. (see A.R.S. § 13-1703)
NOTE: Burning one’s own property is not arson, with the exception of burning one’s own property with the
knowledge that it will ignite another’s property or a structure. Burning one’s own property may,
where appropriate, be considered reckless burning.

Arson of an Occupied Structure
A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied
structure by knowingly causing a fire or explosion. (see A.R.S. § 13-1704)

4

5
Mandatory report to
law enforcement

NOTE: Administrators may consider acts of arson that are only reckless (as opposed to knowing or intentional), or that damage property with a
value under $100, at Level 3. Please see the definition of Reckless Burning above.

ATTENDANCE POLICY VIOLATION (Out of school suspension is not permitted)
Violation
Action Level
Other Attendance Violations
Examples: leaving school, without signing out in the main office; leaving school at lunch, without a pass;
obtaining a pass to go to a certain place and not reporting there; becoming ill and going home or staying in the
restroom, instead of reporting to the nurse's office; or coming to school, but not attending classes.

1

Tardy

1

Arriving at school or class after the scheduled start time.

Unexcused Absence

1
76

When a student is not in attendance for an entire day and does not have an acceptable excuse.

Leaving School Grounds without Permission

1

Leaving school grounds or being in an “out-of-bounds” area during regular school hours without permission
of the principal or principal designee.

Truancy

1

When a child between 6-16 years of age has an unexcused absence for at least one class period during the day.

DISHONESTY
Violation

Action Level

Cheating
To intentionally share with another, or take from another, intellectual property for the purpose of deceit or
fraud, or to take or steal intellectual property from another with or without their knowledge and present it as
the student’s own.

2

Forgery
Falsely and fraudulently making or altering a document, including hall passes and parent signatures.

2

Lying
To make an untrue statement with intent to deceive or to create a false or misleading impression.

2

Plagiarism
To steal and pass off the ideas or words of another as one’s own, including material obtained online.

HARASSMENT AND THREAT, INTIMIDATION
Violation

Comment [A66]: This does not seem like an
appropriate Level 2 violation, but rather a Level 1, as
it is not nearly as concrete and serious as plagiarism,
for instance.

2

Action Level

Threat or Intimidation
When a person indicates, by words or conduct, the intent to cause physical injury or serious damage to a
person or their property, or intentionally places another person in reasonable apprehension of imminent
physical injury. This may include threats or intimidation that occurs online or through a telecommunication
device. (see A.R.S. § 13-1202).

3
Comment [A67]: Recommend conforming this
definition to the above definition in prior sections.

Bullying
Bullying is the repeated intimidation of students by the real or threatened infliction of physical, verbal,
written, electronically transmitted, or emotional abuse, or through attacks on the property of another. It may
include, but not be limited to actions such as verbal taunts, name-calling and put-downs, including ethnically
based or sex or gender-based verbal put-downs, and extortion of money or possessions. Bullying can be
physical in form (e.g., pushing, hitting, kicking, spitting, stealing); verbal (e.g., making threats, taunting,
teasing, name-calling); non-verbal/ cyber-bullying (e.g., text messages, email, social networking); or
psychological (e.g., social exclusion, spreading rumors, manipulating social relationships).

3

Harassment, nonsexual
A person commits harassment if, with intent to harass or with knowledge that the person is harassing another
person, the person:
1. Anonymously or otherwise communicates or causes a communication with another person by verbal,
electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Follows another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency. (see
A.R.S. § 13-2921)

3

NOTE: Bullying and Sexual Harassment are types of Harassment. Indicate Harassment, nonsexual if the
violation is not specifically Bullying or Sexual Harassment, or if the specific type of harassment is not
known.

Hazing
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually or in
concert with other persons, against another student, and in which both of the following apply:
1. The act was committed in connection with an initiation into, an affiliation with or the maintenance of
membership in any organization that is affiliated with an educational institution. (“Organization” means an

77

3

athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated
with the school and whose membership consists primarily of students enrolled at the school.).
2. The act contributes a substantial risk of potential physical injury, mental harm or degradation or causes
physical injury, mental harm or personal degradation. (see A.R.S. § 15-2301)
*Administrators may treat incidents of hazing at a Level 4 as appropriate to the situation, and in conjunction
with the Department of Student Equity and Intervention

HOMICIDE; KIDNAPPING
Violation

Action Level

Includes first degree murder, second degree murder, manslaughter or negligent homicide, and intentionally or
recklessly causing the death of another person. (see A.R.S. § 13, Chapter 11)

5
Mandatory report
to law enforcement

Homicide

Kidnapping
Knowingly restraining another person with the intent to hold the victim for ransom, as a shield or hostage; or
hold the victim for involuntary servitude; or inflict death, physical injury or a sexual offense on the victim, or
to otherwise aid in the commission of a felony; or place the victim or a third person in reasonable
apprehension of imminent physical injury to the victim or such third person. (see A.R.S. § 13-1304)

OTHER VIOLATIONS OF SCHOOL POLICIES
Violation

5
Mandatory report
to law enforcement

Action Level

Dress Code Violation
Student wears clothing that does not fit within the dress code guidelines stated by school or district policy.

1

Comment [A68]: For the subjective offenses
enumerated below – defiance, disruption, and
disrespect – we recommend prohibiting the use of
exclusionary discipline for these offenses, which are
the most open to subjective, and discriminatory,
interpretation.

Parking Lot Violation
Examples: unsafe driving in the parking lot, parking in unauthorized areas, parking in fire lanes or disabled
persons space/area, parking in two or more parking spaces with one vehicle, excessive audio or radio sound,
blocking driveway or access, or littering.

1

Public Display of Affection
1

Inappropriate displays of affection (i.e. kissing)

Other Violation of School Policies and Regulations
2

Other violations of written school, or district-wide, policy or regulation.

Comment [A69]: If these are otherwise a Level
1-type behavior, shouldn’t they be at Level 1?

Contraband
Items stated in school policy as prohibited because they may disrupt the learning environment.

2

Combustible
Student is in possession of substance or object that is readily capable of causing bodily harm or property
damage. (e.g. matches, lighters)

2

Disruption
Student engages in behavior causing an interruption in a class or activity. Disruption includes sustained loud
talk, yelling, or screaming; noise with materials; horseplay or roughhousing; or sustained out-of-seat behavior.

2

Gambling

2

To play games of chance for money or to bet a sum of money.

Language, Inappropriate
Delivering verbal messages that include swearing, name calling, or use of words in an inappropriate way.

2

Defiance or Disrespect Towards Authority and Non Compliance
Student engages in refusal to follow directions, talks back, or delivers socially rude interactions.

Negative Group Affiliation / Illegal Organization

2
3

Clubs, fraternities, sororities, anti-social organizations, secret societies, criminal street gangs, and other sets of

78

Comment [A70]: This does not seem like the
kind of behavior that should potentially be
punishable with ISS or short-term OSS. We
recommend removing this example.

individuals that are not sanctioned by the Governing Board and which are determined to be disruptive to
teaching and learning. This includes wearing of symbolic apparel, making gestures, writing on and marking of
property, or altering of personal appearance to symbolize membership in an organization with a history of, or
determined to be, a disruption to teaching and learning.

Comment [A71]: Does this mean that student
could be disciplined for getting a tattoo or piercing?
We recommend clarifying what this infraction means
more clearly.

SCHOOL THREAT OR INTERFERENCE
Definitions
Threatening an educational institution (School Threat) means to interfere with or disrupt an educational institution by doing any of the following:
1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause physical injury to any employee of an educational institution or any person attending an educational institution.
2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational
institution or the property of any person attending an educational institution.
3. Going on or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the
property or in any manner as to deny or interfere with the lawful use of the property by others.
4. Refusing to obey a lawful order to leave the property of an educational institution.
NOTE: “interference with or disruption of” includes only those acts that might reasonably lead to the evacuation or closure of a school property
or to the postponement, cancellation, or suspension of any class or other school activity (though actual evacuation, closure,
postponement, cancellation or suspension is not required).

Violation

Action Level

Fire Alarm Misuse

4

Intentionally ringing fire alarm when there is no fire.

Other School Threat
An incident, not coded in the School Threat category, which involves threatening an educational institution.

Bomb Threat
Threatening an educational institution by using or threatening to use a bomb, or arson-causing device.

Chemical or Biological Threat
Threatening an educational institution by using or threatening to use dangerous chemicals or biological agents.

5
Expulsion
required by law
5
Expulsion
required by law
5
Expulsion
required by law

SEXUAL OFFENSES

Violation

Action Level

Harassment, Sexual
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, graphic,
written, or physical conduct of a sexual nature where such conduct has the purpose or effect of creating an
intimidating, hostile, or offensive educational environment. Sexual harassment can include nonverbal forms
(e.g., “sexting,” tweeting, or otherwise sending messages through networking sites and/or telecommunication
devices), or physical conduct of a sexual nature.

3

Pornography
Pornography is the sexually explicit and obscene depiction of persons, in words or images.

3

Examples: viewing and/or sharing nude or sexually-charged images (non-art, non-educational) of people in
books, magazines, electronic devices, or on the internet; using an electronic device to send or receive nude
images, partially-nude images, or images that are sexual in nature (“i.e. sexting”), or drawing nude images,
partially-nude images, or images that are sexual in nature that have no redeeming educational value.

Harassment, Sexual with contact
4

Sexual harassment that includes physical contact.

Indecent Exposure or Public Sexual Indecency
A violation of A.R.S. § 13-1402 Indecent exposure, § 13-1403 Public sexual indecency, or engaging in other
sexual acts.
Examples: public urination, streaking, masturbation, “peeping tom” (including taking photos or videotaping),

79

4

exposing another student’s private parts, or engaging in intercourse, or oral sex.

Sexual Assault or Rape

5
Mandatory report
to law enforcement

A violation of A.R.S. § 13-1406 Sexual assault

Sexual Abuse or Sexual Conduct with minor, or Child Molestation
A violation of A.R.S. § 13-1404 Sexual abuse, § 13-1405 Sexual conduct with a minor, or § 13-1410 Child
Molestation.

TECHNOLOGY, IMPROPER USE OF
Violation

5
Mandatory report to
law enforcement

Action Level

Telecommunication Device
Examples: use of telecommunication devices (cell phones, pagers, etc.) for non-instructional purpose

1

Other Technology
1

Examples: Nintendo DS, iPods, MP3 players, etc.

Computer
Examples: use of school computers for non-instructional purpose, copyright or trademark infringement,
knowingly uploading or downloading destructive or malicious programs or software, loading personal
software or disks onto school computers without permission of an administrator, vandalism of computers or
computer equipment.

2

Network Violation
Examples: use of computer network for non-instructional purpose, knowingly uploading or downloading
destructive or malicious programs or software, sharing passwords, attempting to read, delete, copy or modify
the email of other users, accessing secure areas other than for educational purposes, transmitting material
information or software in violation of any district policy or regulation, local, state or federal law or
regulation, or tampering with or misuse of the computer networking system or taking any other action
inconsistent with this regulation will be viewed as a network violation.

3
Comment [A72]: Some of the behaviors in this
section, like using a computer for a non-instructional
purpose, are likely common and non-threatening.
OSS is therefore likely not an appropriate
consequence for this behavior.

THEFT
Violation

Action Level

Petty Theft
2

Thefts for cash, or property, valued under $100.

Theft – School Property or Non-School Property
A person commits theft if, without lawful authority, the person knowingly:
b. Controls property of another with the intent to deprive the other person of such property; or
c. Converts for an unauthorized term or use services or property of another entrusted to the defendant or
placed in the defendant’s possession for a limited, authorized term or use; or
d. Obtains services or property of another by means of any material misrepresentation with intent to deprive
the other person of such property or services; or
e. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing
means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use
without reasonable efforts to notify the true owner; or
f. Controls property of another knowing or having reason to know that the property was stolen; or
g. Obtains services known to the defendant to be available only for compensation without paying or an
agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit
without authority to do so. (see A.R.S. § 13-1802)

3

Burglary or Breaking and Entering
Entering or remaining unlawfully in or on the personal property of another, a classroom, a residential structure
or yard or a nonresidential structure or in a fenced commercial property with the intent to commit any theft or
any felony therein. (see A.R.S. § 13-1506 - § 13-1507)

4

Extortion

4
80

A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by
means of a threat to do in the future any of the following:
1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument.
2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.
3. Cause damage to property.
4. Engage in other conduct constituting an offense.
5. Accuse anyone of a crime or bring criminal charges against anyone.
6. Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule or to impair the person’s credit or business.
7. Take or withhold action as a public servant or cause a public servant to take or withhold action.
8. Cause anyone to part with any property. (see A.R.S. § 13-1804)

Robbery
A person commits robbery if in the course of taking any property of another from his person or immediate
presence and against his will, such person threatens or uses force against any person with intent either to
coerce surrender of property or to prevent resistance to such person taking or retaining property. (see A.R.S. §
13-1902)

Armed Robbery
A person commits armed robbery if, in the course of committing robbery (see definition above) such person or
an accomplice;
1. Is armed with a deadly weapon or a simulated deadly weapon; or
2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
(see A.R.S. § 13-1904)

4

5
Mandatory report to
law enforcement

Burglary (First Degree)
A person commits burglary in the first degree if such person or an accomplice enters or remains unlawfully in
or on a residential structure or yard or a nonresidential structure or in a fenced commercial with the intent to
commit any theft or any felony therein (see A.R.S. §13-1506-07) and knowingly possesses explosives, a
deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
(see A.R.S. § 13-1508)

5
Mandatory report to
law enforcement

TRESPASSING; VANDALISM OR CRIMINAL DAMAGE
Definitions
Criminal damage: Willful destruction or defacement of school property, commercial property located on school property, or personal property
of another person, so as to substantially impair its function or value in an amount of five thousand dollars or more. Administrators may consider
acts of vandalism that result in damages exceeding $5,000 in value at a Level 4.
Examples: Substantial destruction of copy machines, school vehicles, student vehicles, or certain technology, science, or computer equipment.

Violation

Action Level

Trespassing
To enter or remain on a public school campus or school board facility without authorization or invitation and
with no lawful purpose for entry. This includes students under suspension or expulsion and unauthorized
persons who enter or remain on a campus or school board facility after being directed to leave by the chief
administrator or designee of the facility, campus or function.

2

Graffiti or Tagging
Writing on walls; drawings or words that are painted or sprayed on walls and/ or other surfaces that can be
easily removed with soap or cleaner.

2

Vandalism of Personal property
3

Willful destruction or defacement of personal property.

Vandalism of School Property
Willful destruction or defacement of school property.

3

Examples: Destroying school computer records, carving initials or words in desk top, spray painting on
walls, or damaging vehicles.

81

Comment [A73]: We suggest that these
infractions are placed at different levels based on the
monetary value of the damage. Vandalism of a $10
item should not receive the same consequence as
vandalism of a $20,000 item.

WEAPONS AND DANGEROUS ITEMS (POSSESSION OF)
Violation

Action Level

Dangerous Items
Knife with a blade length of less than 2.5 inches, air soft gun, b.b.gun, laser pointer, letter opener,
mace/pepper spray, paintball gun, pellet gun, razor blade/box cutter, simulated knife, taser or stun gun, tear
gas, firecrackers, smoke and stink bombs, gas, lighter fluid, and other dangerous items (anything that under
the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of
causing death or serious physical injury).

3

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used is readily capable of causing death or serious physical injury.

Other Weapons
Examples: Billy club, brass knuckles, knife with a blade length of at least 2.5 inches, nunchakus.

4

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used the item is readily capable of causing death or serious physical injury.

Simulated Firearm
Possession of a simulated firearm made of plastic, wood, metal or any other material which is a replica,
facsimile, or toy version of a firearm.

3

If the simulated firearm is used to threaten or intimidate, the violation will be considered a level 4.

Firearms
Firearm means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will
expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive.
Firearm does not include a firearm in permanently inoperable condition. (see A.R.S. § 13-3101)
Other Firearms – As defined for the Gun-Free Schools Act (GFSA) – includes - the frame or receiver of any
weapon described above; Any firearm muffler or firearm silencer; Any destructive device, which includes:
Any explosive, incendiary, or poison gas: Bomb; Grenade; Rocket having a propellant charge of more than
four ounces; Missile having an explosive or incendiary charge of more than one-quarter ounce, Mine or
similar device. Any weapon which will, or which may be readily converted to, expel a projectile by the action
of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in
diameter. Any combination or parts either designed or intended for use in converting any device into any
destructive device described in the two immediately preceding examples, and from which a destructive device
may be readily assembled. (see 18 U.S.C. 921)
NOTE: This definition does not apply to items such as toy guns, colorful plastic water guns, cap guns,
bb guns, and pellet guns)

82

5
Expulsion required
by law
Mandatory report to
law enforcement

INDEX REVISE AFTER FINAL REVISIONS
Abeyance Contracts, 16, 17
Action Levels, 18
Aggression, 20
Aggravated Assault, 20
Assault, 20
Disorderly Conduct, 20
Endangerment, 20
Fighting, 20
Minor Aggressive Act, 20
Other Aggression, 20
Recklessness, 20
Verbal Provocation, 20
Alcohol, Tobacco and other Drugs, 21-22
Alcohol Violation, 21
Illicit Drugs, 21
Inhalants, 21
Over the Counter Drugs, 21
Possession of Drug Paraphernalia, 22
Prescription Drugs, 21
Substance Represented as of Illicit Drug, 21
Tobacco Violation, 22
Unknown Drug, 21
Anti-Harassment Policy, 11
Appeals, 17
Arson, 22
Arson of an Occupied Structure, 22
Arson of a Structure or Property, 22
Attendance Policy, 11
Attendance Violation, 22
Leaving School Grounds, 22
Other Attendance Violations, 22
Tardy, 22
Truancy, 23
Unexcused Absence, 22
Bus Rules, 10
Bullying, Intimidation & Harassment, 11, 23
Cell Phones, 11

Dating Abuse, 11
Dishonesty, 23
Cheating, 23
Forgery, 23
Lying, 23
Plagiarism, 23
Dress Code, 9-10
Due Process for General Education Students, 14-15
Due Process for Exceptional Education Students, 15
Expulsions, 17
Gang Activity, 9
General Information, 9-13
Anti-Harassment Policy, 9
Governing Board Position, 9
School Dress Code, 9-10
Bus Rules, 10
Student Attendance, 11
Bullying, Intimidation & Harassment, 11
Dating Abuse, 11
Cell Phones, 11
Harassment, Threats and Intimidation, 23
Bullying, 23
Harassment, nonsexual, 23
Hazing, 23
Threat or Intimidation, 23
Hazing, 12-13, 23
Homicide, 23
Kidnapping, 23
Know the Actions, 18-28
Abeyance Contracts, 18, 19
Administration of Guidelines, 14
Appeals, 17
Conduct Which Must be Reported, 14
Conduct Which May be Reported, 14
Due Process for Students, 14-15
Expulsions, 17
Out of School Suspensions, 15-16
83

Short-Term Suspension, 15
Long-Term Suspension, 16
Principal Application for Waiver, 17
Law Enforcement, Reports to, 14
Other Violations of School Policies, 24
Combustible, 24
Contraband, 24
Defiance or Disrespect, 24
Disruption, 24
Dress Code Violation, 24
Gambling, 24
Language, Inappropriate, 24
Negative Group Affiliation, 24
Other Violation of Policies, 24
Parking Lot Violation, 24
Public Display of Affection, 24
Out of School Suspensions, 15-16
Purpose, 4
What are the Guidelines, 4
When are Guidelines in Force, 4
Rights & Responsibilities, 5-8
Students Have a Right to, 5
Students Have a Responsibility to, 6
Parents/Guardians Have a Right to, 6-7
Parents/Guardians Have a Responsibility to, 7
Teachers Have a Right to, 7
Teachers Have a Responsibility to, 8
Administrators Have a Right to, 8
Administrators Have a Responsibility to, 8

Technology, Improper Use of, 26
Computer, 26
Network Violation, 26
Other Technology, 26
Telecommunication Device, 26
Theft, 26-27
Armed Robbery, 27
Burglary or Breaking & Entering, 26
Burglary (First Degree), 27
Extortion, 26
Petty Theft, 26
Robbery, 27
Theft-School/Non-School Property, 26
Trespassing, 27

Vandalism, 27
Graffiti or tagging, 27
Vandalism of Personal Property, 27
Vandalism of School Property, 27
Violations & Actions, 15-28
Aggression, 20
Alcohol, Tobacco & Other Drugs, 21-22
Arson, 22
Attendance Violation, 22-23
Dishonesty, 23
Harassment and Threat, Intimidation, 23
Homicide, 24
Kidnapping, 24
Other Violations of School Policies, 24
School Threat, 25
Sexual Offenses, 25
Technology, Improper Use of, 26
Theft, 26-27
Trespassing, 27
Vandalism or Criminal Damage, 27
Weapons & Dangerous Items, 28
Weapons, 28
Dangerous Items, 28
Firearms, 28
Other Weapons, 28
Simulated Firearms, 28

School Threat, 25
Bomb Threat, 25
Chemical or Biological Threat, 25
Fire Alarm Misuse, 25
Other School Threat, 25
Sexual Offenses, 25
Harassment, Sexual, 25
Harassment, Sexual with contact, 25
Indecent Exposure/Public Sexual Indecency, 25
Pornography, 25
Sexual Abuse, 25
Sexual Assault or Rape, 25

84

TUSD ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF
PARENTS AND STUDENTS

Any complaints arising from an alleged violation of these rights may
be submitted to the Superior Court of Pima County, Arizona, or to:

The Family Educational Rights and Privacy Act (FERPA) affords
parents and “eligible students” (students over 18 years of age, or who
attend an institution of postsecondary education) certain rights
regarding the student’s education records. These rights are:

The Family Policy Compliance Office
U.S. Dep’t of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
[phone]

(1) The right to inspect and review the student’s education
records within 45 days from the day TUSD receives a request.

Directory Information

The parent(s) and/or eligible student may inspect and review
student’s education records, and TUSD policies and regulations
governing use of those records, by making an appointment with the
student’s school principal. A copy of state and federal statutes and
regulations concerning student records is available for reasonable
inspection in the Office of the Superintendent or designee, 1010 E.
10th Street, Tucson, Arizona. A list of the types of records
maintained, and an explanation of any record, will be provided by
appropriate TUSD personnel upon request.

FERPA requires that TUSD, with certain exceptions, obtain a
parent’s/guardian’s written consent prior to the disclosure of
personally identifiable information from your child’s education
records. However, TUSD may disclose appropriately designated
“directory information” without written consent, unless you have
advised TUSD to the contrary in accordance with TUSD procedures
(see Administrative Regulation 5130). The primary purpose of
directory information is to allow TUSD to include this type of
information from your child’s education records in certain school
publications, such as:

Federal law assumes that both parents are equally entitled to review
their child’s records. If there is a custody order in place that prohibits
the provision of this information to one parent, please provide TUSD
with a copy of the custody order, signed by a judge.

•The annual yearbook;
•Honor roll or other recognition lists;
•Graduation programs; and
•Sports activity sheets showing weight/height of team members.

(2) The right to request the amendment of the student’s
education records that the parent(s) and/or eligible students
believes are inaccurate, misleading, or otherwise in violation of
the student’s privacy rights under FERPA.

Directory information, which is information that is generally not
considered harmful or an invasion of privacy if released, can also be
disclosed to outside organizations without a parent’s prior written
consent. Outside organizations include, but are not limited to,
companies that manufacture class rings or publish yearbooks. In
addition, two federal laws require local educational agencies (LEAs)
receiving assistance under the Elementary and Secondary Education
Act of 1965 (ESEA) to provide military recruiters, upon request, with
the following information – names, addresses and telephone listings
– unless parents have advised the LEA that they do not want their
student’s information disclosed without their prior written consent.

Such a request must be in writing to the student’s school principal,
must clearly identify the part of the record they want changed, and
must specify why it should be changed. If TUSD, decides not to
amend the record as requested by the parent(s) and/or eligible
student, TUSD will notify the parent(s) and/or eligible student of the
decision, and the parent(s) and/or eligible student may further request
a hearing regarding the request for amendment, as provided by
federal and state statutes, rules and regulations.

If you do not want TUSD to disclose directory information from your
child’s education records without your prior written consent, you
must notify TUSD on TUSD Form 274, prior to October 1st. TUSD
has designated the following information as directory information:

(3) The right to privacy of personally identifiable information in
the student’s education records, except to the extent that FERPA
authorizes disclosure without consent.
TUSD must obtain the written consent of the parent or eligible
student prior to releasing personally identifiable information from the
education records of a student, except in circumstances where federal
and state law authorize disclosure without consent, such as disclosure
to school officials with legitimate educational interests. A school
official is a person employed by TUSD as an administrator,
supervisor, instructor, or support staff member (including health or
medical staff and law enforcement unit personnel); a Governing
Board member; a person or company with whom TUSD has
outsourced services or functions it would otherwise use its own
employees to perform (such as an attorney, auditor, medical
consultant, or therapist); a parent or student serving on an official
committee, such as a disciplinary or grievance committee; or a
parent, student, or other volunteer assisting another school official in
performing his or her tasks. A school official has a legitimate
educational interest if the official needs to review an education
record in order to fulfill his or her professional responsibility.

Name, address, parent or guardian telephone listing, email address,
date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, grade level, enrollment status,
degrees (diplomas) and awards received, the most recent previous
educational agency or institution attended by the student, personally
identifiable photographs, videotapes, films and other visual media,
personally identifiable interviews, either audio only or audio and
visual, and other similar information.
Under federal law, this information is considered directory
information and does not require the written consent of a
parent/eligible student to release. If you object to the release of
directory information you must notify the principal or designee of the
school, in writing, on TUSD Form 274, prior to October 1st. If Form
274 is not received by October 1st, it will be assumed that there is no
objection to releasing such information. This procedure shall be done
annually. Pursuant to federal law, upon request, TUSD may disclose
education records without prior parental/eligible student consent, to
officials of another school district in which a student seeks or intends
to enroll. For further information, contact the Principal’s Office at the
school
where
the
student(s)
attend
in
TUSD.

Upon request, schools will disclose education records, without
consent, to officials of another school district in which a student
seeks or intends to enroll, or is already enrolled if the disclosure
is for purposes of the student’s enrollment or transfer.
(4) The right to file a complaint with the U.S. Department of
Education concerning alleged failures by TUSD to comply with
the requirements of FERPA.

85

TUSD ANNUAL NOTIFICATION OF
RIGHTS UNDER THE PROTECTION OF
PUPIL RIGHTS AMENDMENT (PPRA)

(3) Inspect, upon request and before administration
or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information
from students for any of the above marketing, sales, or
other distribution purposes; and
3. Instructional material used as part of the educational
curriculum.

PPRA affords parents certain rights regarding our
conduct of surveys, collection and use of information
for marketing purposes, and certain physical exams.
These include the right to:

These rights transfer from the parents to a student who
is 18 yrs old, or an emancipated minor under State law.

(1) Consent before students are required to submit
to a survey that concerns one or more of the
following protected areas (“protected information
survey”) if the survey is funded in whole or in part
by a program of the U.S. Dep’t of Education (ED) –

TUSD will develop and adopt policies, in consultation
with parents, regarding these rights, as well as
arrangements to protect student privacy in the
administration of protected information surveys and the
collection, disclosure, or use of personal information
for marketing, sales, or other distribution purposes.

1. Political affiliations or beliefs of the student or
student’s parent;
2. Mental or psychological problems of the student or
student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning
behavior;
5. Critical appraisals of others with whom respondents
have close family relationships;
6. Legally recognized privileged relationships, such as
with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the
student or parents; or
8. Income, other than as required by law to determine
program eligibility.

TUSD will directly notify parents of these policies at
least annually at the start of each school year and after
any substantive changes. TUSD will also directly
notify, such as through U.S. Mail or email, parents of
students who are scheduled to participate in the specific
activities or surveys noted below and will provide an
opportunity for the parent to opt his or her child out of
participation of the specific activity or survey.
TUSD will make this notification to parents at the
beginning of the school year if the District has
identified the specific or approximate dates of the
activities or surveys at that time. For surveys and
activities scheduled after the school year starts, parents
will be provided reasonable notification of the planned
activities and surveys listed below and be provided an
opportunity to opt their child out of such activities and
surveys. Parents will also be provided an opportunity to
review any pertinent surveys. Following is a list of the
specific activities and surveys covered under this
requirement:

(2) Receive notice and an opportunity to opt a
student out of –
1. Any other protected information survey, regardless
of funding;
2. Any non-emergency, invasive physical exam or
screening required as a condition of attendance,
administered by the school or its agent, and not
necessary to protect the immediate health and safety of
a student, except for hearing, vision, or scoliosis
screenings, or any physical exam or screening permitted
or required under State law; and
3. Activities involving collection, disclosure, or use of
personal information obtained from students for
marketing or to sell or otherwise distribute the
information to others.

•Collection, disclosure, or use of personal information
for marketing, sales, or other distribution.
•Administration of any protected information survey
not funded in whole or in part by ED.
•Any non-emergency, invasive physical examination or
screening as described above.
Parents who believe their rights have been violated may
file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 2020

86

YOUR SCHOOL IS A

SAFE-T-ZONE
IF YOU SEE IT






DRUGS
FIGHTS
GANGS
ASSAULTS
TRUANCY







VIOLENCE
WEAPONS
NON-STUDENTS
GRAFFITI
THREATS

R E P O R T I T!
CONFIDENTIALITY GUARANTEED

TELL A SCHOOL OFFICIAL OR CALL

TUSD SAFETY MESSAGE LINE
584-7680
- MESSAGES CHECKED HOURLY DURING SCHOOL - DAILY ON NON-SCHOOL DAYS DISCRIMINATION STATEMENT: Tucson Unified School District does not discriminate on the basis of race,
color, religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, , creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, or family, social or
cultural background in admission or access to, or treatment or employment in, its educational programs or
activities. Inquiries concerning Title VI, Title VII, Title IX, Section 504, and Americans with Disabilities Act
may be referred to TUSD’s EEO Compliance Officer, 1010 East Tenth Street, Tucson, Arizona 85719, (520) 2256444, or to the Office for Civil Rights, U.S. Department of Education, 1244 Speer Boulevard, Denver, Colorado
80204. See Board Policies AC “Non-Discrimination,” and ACA “Sexual Harassment” for more

information.

87

Attachment D. Special Master Comments: Cover Letter and Redlined
Comments on the GSSR
July 9, 2012
To: Parties
From: Bill Hawley
Re: Discipline Policy
Attached are my comments on the “Guidelines” and Governing Board
Policy (JK).
Comments on the Guidelines are of three forms—a comment box, edits in
the text and short paragraphs in the text, usually in CAPS. I hope they are
helpful
Drawing up policies and regulations that are prescriptive while allowing
flexibility is difficult. I have two general observations related to the policies:
1. They seem to allow too much leeway in the use of suspensions,
especially out of school suspensions, and in the involvement of law
enforcement.
2. They do not address how the district can systematically address
problems of discipline. These policies may not be the place to deal
with these concerns but understanding that they and the guidelines
are interdependent is important and has implications for how policies
and regulations are enforced and problems are addressed.
With respect to suspensions and engagement of law enforcement, we know
that suspending a student and placing them in the legal system often has
negative consequences for the student (I have been on a task force for the
Southern Poverty Law Center aptly named the School to Prison Pipeline
Task Force.) Of course, the rights of other students need to be protected but
out of school suspension and the engagement of law enforcement should be
last resort strategies. Under what circumstances, for example, would a level
2 offence warrant suspension from school? You will see my concerns in
these regards in my comments.
88

With respect to a systematic and systemic approach to reducing discipline
problems, it seems worth pointing out—though I apologize if this is
gratuitous—that the USP imagines extensive efforts to address problems,
including those that are related to the interaction between educators and
students and the ways students experience school. The policy does address
this under student rights and responsibilities (see my comments there). But
parents and students also have the right to benefit from several provisions
of Section 6 of the USP (see 6.E.3-5 and 6.F). I mention this not because I
doubt that the district will address these provisions but because Governing
Board Policy JK and the Guidelines themselves do not reflect a
commitment by the District to do all it can to deal with sources of disorder
for which it may share some responsibility. For example, the processes laid
out in the USP are not mentioned. It seems parents would be reassured to
know of the District’s comprehensive approach to creating positive learning
environments.

89

DRAFT GUIDELINES FOR
STUDENT RIGHTS AND RESPONSIBILITIES (GSRR)
The purpose of the Guidelines is to assist students, parents, teachers, staff, and principals in creating and
sustaining an environment which will enhance the achievement of a positive learning process. To be
fully effective, the Guidelines for Student Rights and Responsibilities addresses:
Together, students, parents, teachers, staff, and principals share the responsibility in creating and
sustaining an environment that enhances student achievement in the Tucson Unified School District.
We ask for the support of students and parents to achieve this goal. The Guidelines for Student Rights
and Responsibilities (GSRR) addresses:
•
•
•
•
•

The rights and responsibilities of students and parents
Conduct which may require discipline
Administrative responsibilities for implementing discipline
Responsibilities of administrators and teachers to implement discipline, which includes behavioral
supports and interventions that address problems and support student success
Administrative responsibilities for dDue pProcess

You are encouraged to read and develop a thorough understanding of the details of these Guidelines.
Please read these Guidelines and develop a thorough understanding of the details. By following the
Guidelines, you can help our school district become a safer and more supportive environment for the
students and staff.
Student discipline is subject to the provisions of Governing Board policies and state and federal laws.
Students will be disciplined in accordance with Governing Board Policy JK and its accompanying
regulations. Students with disabilities shall be disciplined in accordance with the Individuals with
Disabilities Education Act (IDEA), Section 504, and applicable Governing Board Policies and
Regulations – JK, Student Discipline; JK-R5, Discipline Of, and Alternative Interim Educational
Placements For, Special Education Students; and JK-R6, Discipline, Suspension, Expulsion for 504
Students—as applied to these Guidelines for Student Rights and Responsibilities. Students may also be
subject to applicable civil and/or criminal penalties if they violate the law.
These Governing Board Policies and Administrative Regulations are available for review in the
principal's office and online at www.tusd1.org. Copies of this booklet are available in Spanish on the
reverse side of this booklet and can be obtained online at www.tusd1.org.

Estos Planes de Acción del Consejo Gobernante, y Reglamentos Administrativos se hacen disponibles
para revisión en la oficina del director escolar y en www.tusd1.org. Las copias en español de este
folleto están disponible al dorso de este folleto y se pueden obtener en línea en www.tusd1.org.

TUSD Governing Board:
Adelita Grijalva, President; Kristel Ann Foster, Clerk; Michael Hicks; Cam Juarez;
Dr. Mark Stegeman
90

Comment [B1]: Would it help clarify to insert
local, state or federal law?

Superintendent: John J. Pedicone, Ph.D. Helidoro Torres (H.T.) Sanchez, Ed.D.
TABLE OF CONTENTS:
SECTION A: PURPOSE ...........................................................................................................

4

1. .................................................................................................................................. What Are
The “Guidelines For Student Rights And Responsibilities”
And Why Are They Needed? ..................................................................................... 4
2. ..................................................................................................................................When Are
The Guidelines For Student Rights And Responsibilities
In Force? .................................................................................................................... 5
SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES ....................
1.
2.
3.
4.

6

Students Have A Right To ............................................................................................... 6-7
Students Have A Responsibility To ................................................................................. 7
Parents And Guardians Have A Right To ........................................................................ 8
Parents And Guardians Have A Responsibility To.......................................................... 8

SECTION C: GENERAL INFORMATION ...............................................................................
1. Equal Education Opportunities & Anti-Harassment Policy
(Governing Board Policy JB)...........................................................................................
2. Governing Board Position On Gang Behavior And Activity ..........................................
3. Student Attendance (Governing Board Policy JE) .......................................................
4. Dating Abuse (Policy JICL) .........................................................................................
5. Bullying, Intimidation & Harassment (Policy JICFB) ..................................................
6. School Dress Code (Required At Every School)
(Governing Board Policy JICA) ......................................................................................
7. Bus Rules .........................................................................................................................
8. Student Use Of Cell Phones And Other Electronic Devices (Policy JICJ) .....................
9. Hazing (Policy JICFA) ....................................................................................................
10. Restorative Practices .......................................................................................................

9

9
9
9
9
10
10
11
11
12
13

SECTION D: KNOW THE ACTIONS .................................................................................... 14
1. Conduct Which Must Be Reported To Law Enforcement .............................................
2. Conduct Which May Be Reported To Law Enforcement ...........................................
3. Due Process For General Education Students ............................................................
4. Due Process For Exceptional Education Students ......................................................
5. Out Of School Suspensions ..........................................................................................
6. Abeyance Contracts .....................................................................................................
7. Positive Behavior Intervention Support (PBIS) ...............................................................
8. Restorative Circles; Restorative Conferences ................................................................
9. Appeals ...........................................................................................................................
10. Expulsion ......................................................................................................................
11. Principal Application for Waiver Of Mandatory Disciplinary Actions ...........................

91

14
14
14-15
15
15-16
16
16
16
17
17
17

TABLE OF CONTENTS (CONTINUED):
ACTION LEVELS (Levels 1-5) ................................................................................................
• Important Information ......................................................................................................
• Aggression .......................................................................................................................
• Alcohol, Tobacco and Other Drugs Violations................................................................
• Arson .............................................................................................................................
• Attendance Policy Violations (Out of School Suspension Not Permitted) .....................
• Dishonesty........................................................................................................................
• Harassment and Threat, Intimidation ...............................................................................
• Homicide; Kidnapping .....................................................................................................
• Other Violations of School Policies .................................................................................
• School Threat or Interference .........................................................................................
• Sexual Offenses .............................................................................................................
• Technology, Improper Use Of .........................................................................................
• Theft ................................................................................................................................
• Trespassing; Vandalism or Criminal Damage .................................................................
• Weapons and Dangerous Items (Possession Of) ............................................................

18
19
20
21-22
22
22-23
23
23
24
24
25
25
26
26-27
27
28

INDEX ........................................................................................................................................ 29-30
ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF PARENTS AND STUDENTS
(FERPA) ..................................................................................................................................... 31
ANNUAL NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS
AMENDMENT (PPRA) .............................................................................................................. 32

92

SECTION A: PURPOSE
1. WHAT ARE THE “GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES” AND
WHY ARE THEY NEEDED?
Students need an environment that is safe and positive for learning. To help provide and maintain that
environment, the Guidelines for Student Rights and Responsibilities:
TUSD is committed to partnering with students and parents to provide an environment that is safe,
supportive, and conducive to learning, and strives to reduce racial and ethnic disparities in the
administration of school discipline. To help promote and maintain that environment, the Guidelines for
Student Rights and Responsibilities:
•
•
•
•
•

Specify the rights and responsibilities of students and parents
Describe conduct which violates those rights and responsibilities
Provide guidance and instruction to help students resolve discipline problems in a manner that
supports their development
Strive to standardize those procedures that the schools will use in responding to violations of
those rights and responsibilities
Assure the rights of students and parents when disciplinary action is taken

At different age levels, students have different needs for safety, support, and learning. As students
progress through our public schools, it is reasonable to assume that an increase in age and maturity
carries with it a greater responsibility for their actions. Differences in age and maturity are recognized
in determining the type of disciplinary action to be taken and the appropriate supports and interventions.
However, the procedures outlined in the Guidelines for Student Rights and Responsibilities apply to all
students in Grades K through 12.
Disciplinary consequences must be non-discriminatory, fair, age-appropriate, and correspond to the
severity of the student’s misbehavior. When considering responses to violations, the District strives to
keep students in the classroom whenever practicable. For all but the most severe offenses (Levels 4 and
5 in the “Action Levels” section of this document), exclusionary consequences such as long-term
suspension or expulsions must be limited to instances in which student misbehavior is ongoing or
escalating, and only after the District has first implemented and documented that non-exclusionary
interventions have been attempted. If exclusionary discipline is imposed, students will have fair due
process that includes an opportunity to appeal. For all offenses, disciplinary consequences must be
paired with meaningful instruction and supportive guidance (e.g. constructive feedback and re-teaching)
so students are offered an opportunity to learn from their behavior and, where practicable, offered an
opportunity to continue to participate in the school community.
While prioritizing student, staff, and public safety, the District shall not use serious sanctions for lowlevel conduct (Action Levels 1-3), shall only involve School Safety and/or Law Enforcement in highlevel student discipline (Action Levels 4-5), such as when a student is a danger to self or others (to the
extent permitted by law), and shall keep students in the classroom setting whenever practicable as
members of the school community.

93

Comment [B2]: This last clause opens the door to
suspension for continuing low level misbehavior.
Why is it necessary since the document is relatively
explicit later. too open-ended.

All district personnel administering discipline to students should be informed if a student is protected as
a student with a disability under either Section 504 or IDEA or if the student is suspected of having a
disability and is being considered for an evaluation for a disability. There are specific discipline
procedures that must be followed for students who are considered disabled under these federal laws,
including determining whether the misbehavior is a manifestation of the student’s disability.
2. WHEN ARE THESE GUIDELINES IN FORCE?
2. WHEN DO THESE GUIDELINES APPLY?
The Guidelines are enforced:
During regular school hours
• While being transported on the school bus or other school district-sanctioned transportation
• At times and places where the principal or other school official or employee has jurisdiction over
students
• During school-sponsored events
• During field trips
• During athletic functions
• When students are going to and from school (“portal to portal”)
• During other activities associated with the school in any way
Additionally, the principal is authorized to begin disciplinary action when a student's misconduct away
from school has a detrimental effect on the other students, or on the orderly educational process, because
the violation is directly connected to prior violations at school, or threatens to produce further violations
at school.

Students who believe they have experienced discrimination,
harassment, hazing, bullying, or unfair disciplinary actions,
may file a complaint with the site Principal, Assistant
Principal, the Department of Student Equity at 225-6686,
or online at www.tusd1.org/deseg
Parents who believe their student has experienced
discrimination, harassment, hazing, bullying,
or unfair disciplinary actions, may file a complaint with the
site Principal, Assistant Principal, the Department of Student
Equity at 225-6686, or online at www.tusd1.org/deseg

94

SECTION B: STUDENT AND PARENT RIGHTS AND RESPONSIBILITIES
Tucson Unified School District believes that educating a student is a collaborative effort with the student
and parent. To support this collaboration we realize that each party has rights and responsibilities. The
following identification of these rights and responsibilities is a general list to provide guidelines,
with the intention of not being comprehensive or all-inclusive. (See Policy JI “Rights and
Responsibilities”)
1. STUDENTS HAVE A RIGHT TO:
a. Learn in a safe, clean, orderly and positive climate – one that is unbiased, nonjudgmental, and
free from prejudice, discrimination, verbal or physical threats and abuse.
b. Receive high quality instruction that is comprehensible and appropriate to their level of academic
and linguistic development.
c. Be expected to achieve at high levels.
d. Receive differentiated instruction to meet individual needs. )Be taught in ways that are
responsive to their racial, ethnic, linguistic and cultural backgrounds. (This, obviously, is
specified in the USP).
e. Have access to quality learning resources, including learning technology (specified in the USP)
f. Receive appropriate accommodations to meet individual needs (as supported by documentation)
g. Express their ideas and perspectives on issues and topics relevant to their education, including
school policies and procedures. Express their ideas and perspectives on issues and various topics
h. Participate in student activities, including extracurricular activities..
i. Be treated with respect, and to be treated as a unique individual with differing needs,expereinces
learning styles and abilities in a manner that encourages and enhances individual self-esteem.
j. Be treated in a fair and equitable manner by teachers and administrators
k. Privacy. (See the “Notification of Privacy Rights of Parents and Students” at page 32)
l. Due process of law.
m. Have school rules that are enforced in a consistent, fair and reasonable manner.
n. Be free to request an interpreter or translator at any step of the disciplinary process.
o. Be free from retaliation, from fear of retaliation, and from sex discrimination and sexual
harassment at school, including dating abuse. A victim of dating abuse has the right to transfer
to another school. (See Policy JICL “Dating Abuse”).
p. Receive disciplinary actions that are fair, equitable, non-discriminatory, and are in accordance
with the Guidelines for Student Rights and Responsibilities (GSRR).
q. Have teachers and administrators who will follow all District policies related to known
allegations of Discrimination, Harassment, Hazing, Bullying, and incidents that require
Mandatory Reporting. Such known allegations or incidents must be reported by teachers to the
site administration immediately.
r. Be treated in a manner that is respectful of and responsive to their cultural traditions
s. Administrators who will:
• model appropriate behavior and expect appropriate behavior from students and teachers.
• hold students and teachers accountable for student learning.
• expect parents to be collaborative partners regarding student achievement.
95

Comment [B3]: This section excludes some
things that are important opportunities to learn. I get
the idea but where to draw the line?. See examples.
And what about the opportunity to attend and
integrated school?

Comment [B4]: This is unnecessary and the
syntax is awkward, it would follow from b..

Comment [B5]: We do not use the idea of
differentiated instruction in the USP because it can
lead to different levels of cognitive demand—such as
inappropriate ability grouping

Comment [B6]: We want to discourage a focus
on learning styles, a concept rejected by most
cognitive psychologists and its use can lead to
stereotyping and the dumbing down of the
curriculum.

Comment [B7]: What about a section on
Teachers who will:

•
•

t.

u.
v.

w.
x.
y.
z.
aa.

work collaboratively with the Department of Student Equity and Intervention.
host student assemblies to communicate positive core values and behavioral expectations,
and to explain the GSRR, Positive Behavioral Interventions and Supports (PBIS), and
Restorative Practices (RP) in an age-appropriate manner.
• hold informational sessions for parents at least twice per school year at each school, which
shall include information regarding GSRR, PBIS, RP, due process and appeal procedures,
and guidance making parent complaints about student discipline.
• make decisions regarding removing students and/or staff for safety reasons.
• discipline students in accordance with the GSRR.
Full access to opportunities within the educational environment without experiencing
discrimination on the basis of race, color, religion/religious beliefs, sex, gender, gender identity,
age, national origin, sexual orientation, creed, citizenship status, marital status, political
beliefs/affiliation, disability, home language, or family, social or cultural background. This
includes the availability of all support services which promote the development of student
potential (See Policy AC “Non-Discrimination”, ACA “Sexual Harassment”, and JB “Equal
Educational Opportunities and Anti-Harassment”).
Acquire English and such other languages as may be available at the school for students to study.
Access to a classroom environment that encourages the use of English, promotes appreciation of
other languages, and respects students’ right to use their native language to facilitate
communication and enhance academic achievement.
Access to books and other reading materials for supplementary and recreational use, including
materials that may be available in other languages.
Access to non-instructional interpretation services when communicating with the school, and in
some cases, to translated copies of certain school forms and documents.
Receive a copy of the Guidelines for Student Rights and Responsibilities (GSRR).
Have access to their formal student records.
Have access to school assignments/homework while serving a disciplinary suspension for the
duration of the class period (quarter or semester) and have options for alternative instructional
opportunities for any remaining suspension.

2. STUDENTS HAVE A RESPONSIBILITY TO:
a. Attend school daily according to school district adopted calendar, arrive on time, bring
appropriate materials, and be prepared to participate in class and complete assignments.
b. Strive for academic growth and to strive for their personal best.
c. Participate fully in the classroom, curriculum and learning process during the entire class period.
d. Make positive contributions to anUphold an environment that allows fellow students to have an
equal access to educational opportunities.
e. Make positive contributions to Uphold an environment that allows fellow students to be free
from discrimination, harassment, hazing and bullying.
f. Make up work resulting from an absence.
g. Respect the rights, feelings, and property of fellow students, parents, school staff, visitors,
guests, and school neighbors.
h. Conduct themselves properly in an appropriate and respectful manner while on school grounds,
school buses, at bus stops, at any school-related activity, and in the classroom, so as not to
interfere with the rights of another student to learn and to contribute to a safe and orderly
environment that is conducive to learning.
i. Display behavior that does not compromise the safety of other students and/or staff.
j. Follow discipline guidelines adopted by the school and district.
96

Comment [B8]: Uphold seems too passive. We
want students to be active in promoting productive
school environments

k. Protect and take care of the school’s property.
l. Abide by the governing board policies and regulations.
m. Assist the school staff in running a safe school, and to help maintain the safety and cleanliness of
the school environment.
n. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities handbook (GSRR).
3. PARENTS AND GUARDIANS HAVE A RIGHT TO:
a. Receive official reports (quarterly or more frequently) of the student’s academic progress,
attendance and behavior on a consistent basis.
b. Request and be granted conferences with teachers, counselors and/or the principal.
c. Receive explanations from teachers about their student’s grades and disciplinary procedures.
d. Read all school records pertaining to their student.
e. Receive a copy of the Guidelines for Student Rights and Responsibilities handbook (GSRR).
f. Receive immediately an oral and a written notification anytime a student is sent home for any
safety and/or disciplinary reason, this includes short-term and long-term suspensions.
g. Request an interpreter or translator at any step of the process.
h. Request a review of all disciplinary actions relating to their student.
i. Non-instructional interpretation services when communicating with the school, and in some
cases, to translated copies of certain school forms and documents.
j. Direct their student’s education, upbringing and moral development.or religious training.
k. Access and review all records relating to their student.
l. Make health care decisions for the minor child.
m. Access and review all medical records of the minor child unless otherwise prohibited by law or
the parent is the subject of an investigation of a crime committed against the minor child and a
law enforcement official requests that the information not be released.
n. Consent in writing before:
•
•
•
•

a biometric scan of the minor child is made.
a record of the minor’s blood or DNA is created, stored or shared.
genetic testing is conducted on the minor, unless required/authorized by law or court order.
the state or any of its political subdivisions makes a video or voice recording of the minor, unless the
recording is made during or as a part of: a court proceeding; a forensic interview in a criminal or child
protective services investigation; or for use solely in any of the following: safety demonstrations,
including the maintenance of order and discipline; a purpose related to a legitimate academic or
extracurricular activity; a purpose related to regular classroom instruction; security or surveillance of
buildings or grounds; or, a photo identification card.

o. Obtain information about a child protective services investigation involving the parent.
p. Be notified promptly if an employee of this state, any political subdivision of this state, any other
governmental entity or any other institution suspects that a criminal offense has been committed
against the minor child by someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would impede a law enforcement or
child protective services investigation. This paragraph does not create any new obligation for
TUSD to report misconduct between students at school, such as fighting or aggressive play, that
are routinely addressed as student disciplinary matters by the school.
q. Express appropriately their ideas and perspectives on issues and topics relevant to their child’s
education, including school policies and procedures.
r. Be treated in a manner that is respectful of and responsive to their cultural traditions.
4. PARENTS AND GUARDIANS HAVE A RESPONSIBILITY TO:
a. Work with teachers to support student achievement.
97

Comment [B9]: These last four words seem
unnecessary and to suggest that this means
something different that “quarterly or more
frequently”

Comment [B10]: There is no choice between
moral and religious. Could a parent decide to direct
religious training that wasn’t moral? Training is a
peculiar word here. Development?

b. Attempt to participate and be active at their student’s school.
c. Be partners with school staff by sharing appropriate ideas for improving student learning and by
helping to prevent and/or resolve student discipline problems.
d. Provide supervision of the student’s health, physical and emotional well being, and assume
responsibility for the student’s timely regular attendance.
e. Promptly provide the school with explanations for student absences or tardiness.
f. Ensure student compliance with school and district policies and regulations.
g. Read and ask questions to understand the information in the Guidelines for Student Rights and
Responsibilities (GSRR)
g.h.Reinforce the importance of their students’ adherence to the values and behaviors promoted by
and described in the GSRR

98

SECTION C: GENERAL INFORMATION
1. EQUAL EDUCATIONAL OPPORTUNITIES AND ANTI-HARASSMENT (POLICY JB)
It is the policy of the TUSD to prohibit discriminatory harassment based on real or perceived race, color,
religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, parental status,
status with regard to public assistance, limited proficiency in English, or family, social or cultural
background, or any other reason not related to the student’s individual capabilities or on the basis of
association with others identified by these categories. TUSD shall act to investigate all complaints of
discriminatory or other harassment, formal or informal, verbal or written, and to discipline or take other
appropriate action against anyone who is found to have violated this policy.

2. GOVERNING BOARD POSITION ON GANG BEHAVIOR AND ACTIVITY
The behaviors that have become associated with gang activity or membership, especially violence,
intimidation, and disrespect will not be tolerated on or near school property or in activities associated
with school. In accordance with this position, any students engaging in gang activities will be
disciplined to the fullest extent of TUSD policies, and prosecuted, if applicable, according to local
ordinances, and state and federal laws.
Gang: An ongoing, formal or informal organization or group of persons whose members act in concert for antisocial or
criminal purposes, and who are identified with a common name, or common signs, colors, or symbols.
Gang-Related Incident: An incident is considered gang-related when the participants, whether perpetrators or victims, are
identified as gang members or affiliates, and where a reasonable person would conclude that the incident was motivated, in
whole or in part, by a desire to promote or otherwise impact gang interests.
Bias-Related and Hate-Related Incidents: An incident is considered bias-related or hate-related when a reasonable person
would conclude that it was motivated, in whole or in part, by the perpetrator's bias or attitude against an individual victim or
group based on perceived or actual personal characteristics. Such characteristics include: ancestry or ethnicity, disability, sex,
gender, immigration or citizenship status, race, religion or religious practices, or sexual orientation.

3. STUDENT ATTENDANCE (POLICY JE)
Regular attendance is essential for success in school; therefore, absences shall be excused only for
necessary and important reasons. Such reasons include illness, bereavement, other family emergencies,
and observance of major religious holidays of the family’s faith. A Parent/Guardian should notify the
school prior to the absence/tardy with a call, note or email that his/her child is unable to attend or will be
late to school. The call, note or email must address the date/time and reason for the absence.

4. DATING ABUSE (POLICY JICL)
Dating abuse is a pattern of behavior in which one person uses or threatens to use physical, sexual,
verbal, or emotional abuse to control the person’s former or present dating partner. Behaviors used may
include, but are not limited to, physical abuse, emotional abuse, sexual abuse, and/or threats. TUSD is
committed to maintaining a school campus environment that is safe and secure for all students, and
dating abuse will not be tolerated. TUSD employees aware of dating abuse shall respond in a manner
consistent with District training. Students are encouraged to report all known or suspected instances of
dating abuse involving themselves or other students.
99

Comment [B11]: Is sex different than gender?

5. BULLYING, INTIMIDATION AND HARASSMENT (POLICY JICK JICFB)
Bullying is a form of harassment. Bullying is the repeated intimidation of students by the real or
threatened infliction of physical, verbal, written, electronically transmitted, or emotional abuse, or
through attacks on the property of another (including verbal taunts, name-calling and put-downs, and
extortion of money or possessions). Students who engage in any act of bullying while at school, at any
school function, in connection to or with any District sponsored activity or event, or while en route to or
from school, are subject to disciplinary action. While online bullying is dealt with elsewhere, this
section seems to allow it by not disallowing it.

6. SCHOOL DRESS CODE (REQUIRED AT EVERY SCHOOL) (POLICY JICA)
The general guide to acceptable school dress is neatness, cleanliness and appropriateness. While the
school cannot and does not dictate styles, it is expected that students will abide by the following rules
demonstrating appropriateness in dress as though this were their daily place of business.
•
•
•
•
•
•

Shoes are required to be worn in school.
Hats and sunglasses may be worn outside in the sun for an extended period of time for protection
from the sun. A principal in collaboration with School Safety may institute stricter requirements
at a high school experiencing safety-related issues.
No bandannas may be worn.
Dark glasses may not be worn inside buildings unless a documented health problem exists.
No gang related apparel or items are allowed.
Students may not wear clothing or accessories in school buildings or on school grounds that are:
o Hazardous, damaging, or presenting danger to school property or persons including but
not limited to: extended belts (belts should fit proper length), choke chains, dog collars,
wallet chains or any type of spiked apparel or jewelry;
o Depicting and/or promoting and/or endorsing illegal or violent activities, illegal drugs,
tobacco or alcohol;
o Vulgar, obscene, indecent, libelous, or degrading of others on the basis of race, color,
religion, ancestry, national origin, sex, gender, sexual orientation or disability; and/or
o Distracting so as to interfere with the teaching or learning process such as extremely
revealing garments including but not limited to short shorts, short skirts, short dresses
(must cover buttocks while standing and sitting), tube tops, net tops, swimsuits, strapless
tops, spaghetti strap tops, halter tops, muscle shirts, basketball shirts without an
accompanying T-shirt, no tights or leggings to be worn as pants, garments with plunging
necklines, transparent and see through garments, (midsections must be covered and
undergarments shall be completely covered with outer clothing).

Students who violate TUSD’s dress standards may be asked to do any of the following depending upon
the specific circumstances:
•
•
•
•

Turn inappropriate clothing inside out.
Change into clothing that may be provided by the school.
Change into other clothing which has been brought to school.
Remove the jewelry or other accessory.

100

Comment [B12]: How would this apply to the
dress code in a traditional magnet school where a
version of uniforms might be required? (the dictation
of styles)?

Comment [B13]: The wording here seems to
allow short shorts and skirts that do not cover
buttocks. I suspect that is not the intent.

Comment [B14]: A common problem in dress
codes is the display on clothing of religious or
political advocacy. The policy seems mute on this
and this seems—to me—a right students have so
long as the messages are not prohibited by the
provisions above.

*NOTE: These dress guidelines represent the minimum standards. Individual school sites may adopt
additional guidelines. Students wearing inappropriate clothing to school are given an opportunity to
change clothing or they will be released from school in the company of the parent/guardian.

7. BUS RULES
Student Behavior Policy
Proper student behavior contributes to the overall safety and comfort of the ride to and from school.
Following driver directions and all ridership rules is paramount to maintain a safe and enjoyable ride
for all. Infractions will be dealt with through the District-approved Student Conduct policies which
include driver interventions, the student's principal, and other administrators as deemed appropriate.
Riding is a privilege; parents and students should discuss and make sure they know the rules:
• Always comply with bus driver’s/monitor’s directions
• Use classroom voice only (no profanity/loud noises/threats/intimidation)
• Remain seated; keep hands, feet, and head inside bus
• All personal possessions must be under control at all times
• Keep unauthorized materials and substances off bus (animals, glass objects, weapons,
illegal substances, or large objects that occupy a seat space)
• No eating or drinking on the bus
AS a last resort, violations of these bus rules may result in the loss of bus privileges for a
limited time.

Safety Precautions for Students
• Know the route to and from the bus stop, safety precautions and common courtesies to be
maintained en route and at the bus stop.
• Know the correct bus route number.
• KnowDiscuss what to do if the bus is late in the morning or no one is home in the
afternoon
• ALWAYS board/depart the bus at the correct stop as known and approved by the parent.

8. STUDENT USE OF CELL PHONES AND ELECTRONIC DEVICES (POLICY JICJ)
For purposes of this policy, “electronic devices” include, but are not limited to, cell phones, Mp3
players, iPods, personal digital assistants (PDA’s), e-book readers, compact disc players, portable game
consoles, cameras, digital scanners, lap top computers, tablet computers and other electronic or battery
powered instruments which transmit voice, text, or data from one person to another.
Students may possess and use cellular telephones and/or other electronic signaling devices subject to
limitations of this and other policies of the District under the following conditions and guidelines:
• Cell phones and/or electronic devices are to be kept out of view in a student’s locker, pocket, or a
carrying bag.
• Such devices shall not be turned on or used during instructional time, except as authorized by the
teacher.
• The principal shall establish additional guidelines appropriate to campus needs.

101

•

Students violating the policy may have the electronic device confiscated and be subject to
disciplinary action. Any search of the contents of an electronic device shall be by an
administrator in accordance with the Guidelines for Students Rights and Responsibilities.

Reasonable efforts will be taken to secure property that has been confiscated; however, neither the
School District nor the School District Staff is responsible for loss, damage, or theft of any
electronic device including but not limited to cell phones, laptops, tablet computers, portable
media player brought to school, even if loss, damage or theft results from the device being
confiscated.
9. HAZING (POLICY JICFA)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged
in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be
promoted to District schools within twelve (12) calendar months. For purposes of this policy a person as
specified above shall be considered a “student” until graduation, transfer, promotion or withdrawal from
the District school.
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually
or in concert with other persons, against another student, and in which both of the following apply:
•
•

The act was committed in connection with an initiation into, an affiliation with, or the
maintenance of membership in any organization that is affiliated with an education institution.
The act contributes to a substantial risk of potential physical injury, mental harm or degradation,
or causes physical injury, mental harm or personal degradation.

“Organization” means an athletic team, association, order, society, corps, cooperative, club, or similar
group that is affiliated with an educational institution and whose membership consists primarily of
students enrolled at that educational institution.
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
• Customary athletic events, contests or competitions sponsored by an educational institution.
• Any activity or conduct that furthers the goals of a legitimate educational curriculum, a
legitimate extracurricular program, or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual
authority to prevent violations of this policy. Students and others may report hazing to any professional
staff member. Professional staff members must report the incident to the school administrator or next
higher administrative supervisor, in writing, with such details as may have been provided. A failure by a
staff member to timely inform the school administrator or next higher administrative supervisor of a
hazing allegation or their observation of an incident of hazing may subject the staff member to
disciplinary action in accord with District policies. The staff member shall preserve the confidentiality
of those involved, disclosing the incident only to the appropriate school administrator or next higher
administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing
which includes possible child abuse or violations of statutes known to the staff member shall be treated
in accord with statutory requirements and be reported to a law enforcement agency.
102

Comment [B15]: Really? Could an administrator
go through the emails of a student in search of some
evidence in the absence of just cause. I do not
remember the Guidelines speaking to this question of
search so how could the behavior be constrained by
the Guidelines. Don’t we teach about the fourth
amendment?

To assure that students and staff are aware of its content and intent, a notice of this policy and procedure
shall be posted conspicuously in each school building and shall be made a part of the Rights and
Responsibilities section of the student handbook. Forms for submitting complaints are to be available to
students and staff in the school offices. Disposition of all reports/complaints shall be reported to the
Superintendent. The Superintendent will determine if the policies of the District have been
appropriately implemented and will make such reports and/or referrals to the Board as may be
necessary.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties
provided for in District policies related to the conduct and discipline of students, staff, and others.

10. POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTs ANDS; RESTORATIVE
PRACTICES
Positive Behavioral Interventions and Supports (“PBIS”) is an evidence-based, proactive, data driven
framework that includes a range of tiered interventions designed to prevent problem behavior while
teaching socially appropriate behaviors. The focus of PBIS is creating and sustaining school
environments for all students in which appropriate behavior is supported and problem or disruptive
behavior is redirected. This culture is created by
• Defining and teaching behavioral expectation
• Monitoring and acknowledging appropriate behavior
• Providing corrective and appropriate consequences for behavioral errors
• Providing appropriate services for students who need additional behavioral supports
• Using a team-based management system to oversee the PBIS program
• Using referral data for problem solving
Restorative Practices is an approach that seeks to develop good relationships and restore a sense of
community. Restorative Practices: focuses on repairing harm caused by an offending behavior, while
holding the wrongdoer accountable for his/her actions; provides an opportunity for the affected parties
(victim, wrongdoer, and community) to identify and address their needs as a result of the offending
behavior, and make amends or find a resolution; and surrounds the affected parties with a community of
care, in which all parties share in the resolution of the problem.
In schools, Restorative Practices provides a proactive approach for building a community of care based
on collaboration, mutual understanding, and reciprocated respect. This process holds students
accountable for their actions while, at the same time, building a caring school environment. Attention is
given to the victim and the wrongdoer, whether they are student or staff. Restorative Practices allows
wrongdoers an opportunity to rejoin the school community after they have made amends. See Section
D(8) below for a description of Restorative Practice strategies that may be used by sites.
All sites shall have or share a Restorative and Positive Practices Site Coordinator (“RPPSC”). A
school’s learning supports coordinator may be designated to serve as the RPPSC for the site. The
RPPSCs shall be responsible for assisting instructional faculty and staff to: (a) effectively communicate
school rules; (b) reinforce appropriate student behavior; and (c) use constructive classroom
management, positive behavioral interventions and supports, and restorative practices strategies.
THIS SECTION AND SUBSEQUENT ONES DRAW ATTENTION TO THE NEED TO MERGE
THE TWO IDEAS. PBIS HAS A REASONABLE RESEARCH BASE AND IS MORE
103

Comment [B16]: The current wording implies
that PBIS is restorative practices.

COMPREHENSIVE THAN RP. RP CAN BE A USEFUL TOOL WITHIN PBIS BUT THE USP
BASICALLY ADDED PBIS IN WITHOUT RECONCILING THE TWO.THERE SHOULD BE
CONSISTENCY IN HOW THESE TOOLS ARE USED THROUGHOUT THE DISTRICT.
The
guidelines seems to imply at times that these are different strategies from which one might choose. IT
MAY BE TOO LATE TO HANDLE THIS IN THE CURRENT GUIDELINES BUT THE TRAINING
CAN GO ON IN AN INTEGRATED WAY. SINCE PBIS IS THE MOTHER SHIP, SO TO SPEAK, I
SUGGEST REORDERING THE TITLE OF THE school-level support PEOPLE TO “POSITIVE AND
RESTORATIVE PRACTICES SITE COORDINATOR”.

SECTION D: KNOW THE ACTIONS
ADMINISTERING THE GUIDELINES FOR STUDENT RIGHTS AND RESPONSIBILITIES
The Arizona Department of Education has developed a list of violations as well as a list of possible
actions a school district may take in response to a violation. TUSD has categorized these possible
actions into five levels and then assigned a level to each violation depending on the severity of the
violation. In this way, students from school to school will receive similar actions for similar violations.
A major consideration in the application of the Guidelines for Student Rights and Responsibilities is to
identify the most appropriate disciplinary action necessary to bring about positive student behavior.
Actions are not to be considered in isolation but rather as part of the overall goal of creating inclusive
and supportive environments for students. At the elementary level, the age and developmental level of
the child may be considered in interpreting the severity of the discipline imposed. Student services
personnel, such as counselors, social workers, learning support coordinators, or psychologists, play a
vital role in assisting the student in resolving any problems influencing the student’s behavior.

1. CONDUCT WHICH MUST BE REPORTED TO LAW ENFORCEMENT
It is important for all staff, students, and parents to understand that, in addition to taking disciplinary
action at the school level, certain criminal behavior must be reported to appropriate law enforcement
agencies. The law requires sSchool officials are required to report the following incidents:
Use or threat to use a deadly weapon or dangerous instrument
Aggravated Assault resulting in serious physical injury
Sexual conduct with a minor under 15 years of age
Possession, use, sale, or attempted sale of illegal drugs

104

Homicide
Sexual Assault
Armed Robbery
Kidnapping

Burglary in the first degree
Arson of an occupied structure
Any dangerous crime against minors
Bomb threats

Comment [B17]: See definition on p.23

Additionally, pursuant to A.R.S. § 13-3620, school personnel are required to immediately report any
reasonable belief of non-accidental physical injury, neglect, or sexually related offense against a minor.
“Physical injury” means the impairment of physical condition, and may include any skin bruising,
pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone,
subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that
imperils health or welfare. (See A.R.S. § 13-3623(F)(4))

2. CONDUCT WHICH MAY BE REPORTED TO LAW ENFORCEMENT
THIS SECTION SEEMS TO ALLOW ENGAGEMENT OF LAW ENFORCEMENT FOR REASONS
THAT DO NOT WARRANT SUCH DRASTIC ACTION. SEE HIGHLIGHTED ITEMS.
SHOULDN’T SUCH ENGAGEMENT REQUIRE APPROVAL BEFORE LAW ENFORCEMENT IS
ENGAGED? HARD TO UNDO the effects of engaging law ENFORCEMENT..
Additionally, the administrator MAY report to law enforcement agencies other potentially disruptive
incidents when necessary to maintain safety. When appropriate, school officials should utilize
supports and interventions that provide guidance and structure to the student and help them to improve
their behavior without involving law enforcement. An administrator must immediately notify an
Assistant Superintendent or Director, and the Department of Student Equity and Intervention, when
law enforcement is contacted. Incidents that may be reported to law enforcement when necessary to
maintain safety include, but are not limited to, the following:
Possession, sale or distribution of dangerous substances, including alcohol, tobacco or legal drugs
Demonstration by students which is likely to create unsafe conditions
Threats
Setting off a false fire alarm
Assault
Vandalism

3. DUE PROCESS FOR GENERAL EDUCATION STUDENTS
Any student whose conduct may warrant suspension or expulsion will be provided due process. This is
a legal safeguard that protects the rights of students and their parents and is constitutionally guaranteed.

Formatted: Highlight
Comment [B18]: SOME OF THESE
CONDITONS REQUIRE ACTION—SEE ABOVE.
WOULD ONE CALL LAW ENFORCEMENT IF A
STUDENT SHARED AN ASPIRIN/ SILLY AS IT
SOUNDS, THESE THINGS HAPPEN. NEED FOR
CLARIFICATION
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight

Due process steps include:
•
•
•
•
•
•
•
•
•

Oral or written notice of the charges presented to the student;
An opportunity for students to present their student's side of the story in an informal hearing or
meeting;
The allowance, for safety considerations, for a student to be removed from the school prior to an
informal hearing with that hearing to follow as soon as practical;
Adequate notification and an opportunity for a fair hearing;
Written notification to parents about suspension of student;
That parents will be informed in writing of all suspensions and that they have the right to a
conference with the principal;
That if parents are not satisfied with any school official's decision they are entitled to request a
review by the school official's immediate supervisor;
Formal due process in long-term suspension and expulsion proceedings
A right to appeal disciplinary decisions TO WHOM?

4. DUE PROCESS FOR STUDENTS WITH 504 PLANS OR IEPs

105

Comment [B19]: THIS WORDING SUGGESTS
THAT STUDENTS THEMSELVES MAY NOT
HAVE THE RIGHT TO PRESENT THEIR SIDE
OF THE STORY.

Comment [B20]: INCOMPLETE SENTENCE?

Students with disabilities under Section 504 or IDEA (and students suspected of having a disability)
may be disciplined in the same manner as any other student and may be suspended for up to 10
cumulative days of school per school year. If a suspension beyond 10 cumulative days is contemplated,
special procedures that must be followed.
A manifestation determination conference must be held prior to the 11th day of suspension
• If the manifestation determination conference concludes that the student’s behavior is a
manifestation of the student’s disability, then no further disciplinary action can be taken. The
504 or IEP team should convene to develop an appropriate behavior plan for the student.
• If the manifestation determination conference concludes that the student’s behavior is not a
manifestation of the student’s disability, the District may impose whatever long-term suspension
or expulsion it would impose under the same circumstances if a non-disabled student were the
offender. The District has no obligation to continue to provide educational services to a 504
student during the period of a long-term suspension or expulsion. However, the District must
continue to provide educational services for students eligible under IDEA. Please refer to the
appropriate Governing Board regulations JKA and JKAB and to the Exceptional Education
Handbook for specific procedures.
A student with a disability under IDEA may be referred to an Interim Alternative Educational Settings in
certain circumstances regarding the use or possession of drugs, weapons, or serious bodily injury. Refer
to the Exceptional Education Handbook for specific procedures.

5. OUT OF SCHOOL SUSPENSIONS
Short-Term Suspension – A principal or principal’s designee may suspend a student from school for
up to ten (10) from one (1) to ten (10) school days due to misconduct, depending on the severity of the
misconduct. However, principals may take this action only after they have exhausted informal
disciplinary strategies have identified, implemented, and documented appropriate behavior interventions
for a reasonable duration. (See interventions listed under Action Level 1 for examples of appropriate
strategies). Such efforts must be made before principals may suspend students for low-level conduct
(Action Levels 1-3). Only after implementing interventions with fidelity may a principal reject them as
inappropriate in a given situation, and resort to short-term suspension as a consequence. Conferences to
resolve the problem must be scheduled with the parent, student, and other appropriate school staff
members as part of the continuum of supports and interventions implemented to support student success.
Make-up Work (Short-Term Suspension)
If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. Governing Board Policy Regulation JK-R1, Short Term Suspension states: “The
student is allowed access to class assignments and to make up tests upon return to school. Homework
must be made available for the parent to pick up at the school office.” It shall be the parent’s and
student’s School administrators should assist parents and students with the shared responsibility to make
arrangements to obtain such assignments and homework and to have completed assignments returned to
106

Comment [B21]: Why should any suspension be
warranted by level one and two offenses? See
comments on Action Levels

Comment [B22]: This policy should provide for
such information to be communicated online.

the school for grading and credit. One set of assignments must be completed and returned before another
set of assignments can be picked up or provided online. Students on suspension who successfully
complete such assignments shall be allowed a reasonable time to take makeup tests upon returning to
school. During the term of the suspension, the student is to remain away from all Tucson Unified
School District schools and activities. If it is necessary to come to a school, the student must make prior
arrangements with the principal or principal’s designee.

Long-Term Suspension – A Hearing Officer may suspend a student from school for up to 180 days.
Long-term suspensions of more than 45 days shall not be imposed except for Violations at Level 5.
Hearing Officers may Principals take this action only after the site administration has when they have
exhausted other disciplinary strategies (Ssee interventions listed under Action Level 1 for examples of
appropriate strategies), or when they have at least considered those alternatives and rejected them as
inappropriate in a given situation. Conferences to resolve the problem must be are scheduled with the
parent, student, and other appropriate school staff members at appropriate times as part of the continuum
of supports and interventions implemented to support student success. Students suspended more than 20
days may have an option to enroll in the “Life Skills” alternative to suspension program.
Make-up Work (Long-Term Suspension)
If students are suspended, they are entitled to complete their coursework to ensure that they do not fall
behind academically. School administrators should assist parents and students with the shared
responsibility to make arrangements to obtain such class assignments and homework and to have
completed assignments returned to the school for grading and credit. One set of assignments must be
completed and returned before another set of assignments can be picked up or provided online.
Students on suspension who successfully complete such assignments shall be allowed a reasonable time
to take makeup tests upon returning to school. Homework will be made available by the student’s
teachers for the remainder of the grading period. However, because of the difficulty in students keeping
up with class work through homework alone, without an instruction component, after the end of a
grading period, students will receive academic support through a TUSD alternative program such as
distance learning. During the term of the suspension, the student is to remain away from all Tucson
Unified School District schools and activities. If it is necessary to come to a school, the student must
make prior arrangements with the principal or principal’s designee.

6. ABEYANCE CONTRACTS (REGULATION JK-R4) (POLICY JK-R4)
An administrator may offer to not immediately impose the assigned out-of-school suspension if (1) the
administrator believes it is in the best interest of the student and the school community, (2) the student
admits to committing the infraction, (3) the student and parent/legal guardian agree to certain conditions,
and (4) the student and parent/legal guardian sign a contract, called an abeyance contract. The term of
the abeyance contract may not exceed the maximum suspension term for the offense level. If a student
violates his/her abeyance contract with a suspendable offense, the student must serve the remaining term
of the initial offense plus the suspension for the additional offense. These two suspensions would be
served concurrently. (The last days of the first suspension would also be the first days of the additional
suspension.)

7. POSITIVE BEHAVIOR INTERVENTION SUPPORT (PBIS)

107

Positive Behavior Intervention Support: builds relationships by focusing on accountability for actions,
allowing all voices to be heard and having the opportunity to repair damage by making things right in a
fair and restorative way.
In the Positive Behavior Intervention Support (PBIS) system, students, who do not respond to the school
wide or classroom supports that are in place for all students, may be evaluated to determine the function
of the misbehavior through Functional Behavioral Assessment (FBA) and an intervention may be
matched to their circumstance. Interventions which have been shown to be successful across age and
grade levels include: mentoring, social skills groups, interest-based clubs, daily monitoring of selected
problem behaviors. In a handful of situations, when these group supports are not sufficient, highly
individualized interventions involving multiple systems and based on data may be implemented. If the
situations involve a victim or multiple victims, Restorative Practices are complimentary.

8. RESTORATIVE CIRCLES; RESTORATIVE CONFERENCES
Restorative Practices actions range from informal to formal. In schools, these actions include:
•

Small impromptu circles: a few people meet to briefly address and resolve a problem; facilitated
by teachers, administrators, and/or learning supports coordinators.

•

Group or classroom circles: a larger group can meet in a large circle or a classroom circle to
discuss issues, answer questions, solve problems, or offer feedback; facilitated by teachers,
administrators, and/or learning supports coordinators.

•

Formal restorative conferences: address serious problems of behavior. These conferences may
involve wrongdoers, victims, parents, and school administrators. Only those trained in formal
conferences can facilitate a formal conference.

*sites may also elect to utilize “Teen Court” (aka “Peer Juries”)
SEE EARLIER POINT ABOUT THE PATCHWORK WAY PBIS AND RP ARE PRESENTED. And
shouldn’t the heading above be restorative practices (of which circles and conference are a part0/
9. APPEALS
Students and parents/guardians have the right to appeal short-term and long-term suspension decisions;
however, there is no appeal from the Governing Board’s final decisions regarding long-term suspension
appeals or its expulsion decisions. (See Policy JK and its accompanying regulations for details).

10. EXPULSION
Expulsion is defined as the permanent withdrawal of the privilege of attending a TUSD school unless
the Governing Board reinstates the privilege. A principal may or, in some cases, must request that the
Superintendent recommend to the Governing Board the expulsion of a student. This is the most serious
disciplinary step available. As part of its decision to expel, the Governing Board may permit the student
to apply for readmission through the Office of Student Equity and Intervention after any period of time
it may set. The Governing Board, or designee, may establish further conditions within the readmission
process with which the student must comply prior to their admission to the instructional process. During
108

Comment [B23]: I don’t know what this
sentence means? And, is the last word
complementary?

the term of the expulsion, the student is to remain away from all Tucson Unified School District schools
and activities. If it is necessary to come to a school, the student must make prior arrangements with the
principal or principal’s designee.
Students with disabilities eligible under IDEA will continue to be offered educational services, although
in an alternative setting.

11. PRINCIPAL APPLICATION FOR WAIVER OF MANDATORY ACTIONS
For violations requiring Action Level 4 or 5 consequences, the principal has the prerogative to seek the
waiver of any portion or all of the mandatory disciplinary action through the appropriate Assistant
Superintendent. The principal may seek the waiver and, if granted, the parties directly involved shall be
informed of the reasons the waiver was granted.
Waivers may not be sought when the prescribed disciplinary action involves the possession of a firearm
or the threatening of an educational institution. By state law in such a case, only the Governing Board
may decide, on a case by case basis, whether to impose less than the mandatory penalty.

ACTION LEVELS
The chart below lists actions that may be taken by school administration as the result of a violation. The
Action Level identifies maximum action for violations assigned to that level. Actions listed in bold are
the minimum or mandatory action for that level of violation. Multiple actions may be applied to a
single violation. Action Levels are developed with input from students, parents, teachers and community
members. For all violations, parent notification and student conference are mandatory.
Interventions which have been shown to be successful across age and grade levels include: mentoring,
social skills groups, interest-based clubs, daily monitoring of selected problem behaviors.
It will be the policy of TUSD to implement Restorative Practices wherever practicable.
This section need some editing for consistency. As with levels 3-5, level 2 should have the phrase
“Any action from the prior levels may also be imposed”. Then, items previously mentioned should
not be mentioned again (why include some and not others?).
109

Comment [B24]: True but seems like an
afterthought. And does this mean other interventions
are not. Incorporate these techniques in the tables—
some of them are there anyway under different
names and the same names

LEVEL 1

o Parent Notification
and Conference
Request
o Student Conference
o Restorative Circle
o Restorative Conference
o Confiscation of Contraband
o Parent Conference
o Student Verbal Apology
o Student Written Apology
o Warning

o Referred to Outside Agency
o Community Service
o Detention
o Peer mediation
o Privileges Suspended
o Restitution
o Saturday School
o Teen Court
o Functional Behavioral Assessment

o Meeting With School Counselor
o Reassignment To A Different
Class
o Behavior Contract
o Work Detail
o Behavior Intervention Group
o Threat Assessment
o Behavior Intervention Plan
o Lunch Detention
o Monitoring of selected problem
behaviors
o Other Action

LEVEL 2

Any mandatory action from the prior level(s) mustalso be imposed.
Both mandatory actions from Level 1must also be imposed. Shouldn’t this be true—parent notification-- for
all actions?

Formatted: Highlight

Restorative Conference and/or Restorative Circle
o Behavior Contract
o Social Skills Groups and/or Mentoring WHY WOULDN‘T THESE BE USEFUL FOR LEVEL ONE—
ARE RESTORATIVE CONFERENCES, ETC, SOCIAL SKILLS GROUPS OR THE EQUIVALENT?
o In School Suspension – Short-Term
o Out Of School Suspension and/or Abeyance – Short-Term (1-3 Days) WHAT LEVEL TWO
OFFENSE WARRANTS OUT OF SCHOOL SUSPENSION?

LEVEL 3

Any Action from the prior level(s) may also be imposed.

o Short-Term In School Action and/or Abeyance
Restorative Conference and/or Restorative Circle

Comment [B25]: WHAT IS A SHORT TERM
ACTION

o In School Suspension
o Out Of School Suspension and/or Abeyance – Short-Term (1-10 Days)
o Department of School Safety Contact in Appropriate Circumstances

Comment [B26]: ALREADY INCLUDED IN
THE FIRST LINE OF THE SUBSECTION.

LEVEL 5

LEVEL 4

Any Action from the prior level(s) may also be imposed.

o Out of School Suspension and/or Abeyance – Long-Term (11-30 45 Days)
o Restorative Conference and/or Restorative Circle
o Restorative Conference and/or Restorative Circle
o Removal By Hearing Officer For Likely Injury To Self Or Others
o Removal By Student’s IEP Team To An Interim Alternative Education Setting

Any Action from the prior level(s) may also be imposed.

o Out of School Suspension and/or Abeyance – Long-Term (11-180 Days)
o Restorative Conference and/or Restorative Circle (upon re-entry to school)
o

Expulsion

110

• All parent conferences will be made in the timeliest manner.
• A student who willingly assists or forces another student to commit a violation of these
guidelines will be held equally accountable for the violation.

IMPORTANT INFORMATION

• Attempted violations may require Actions. Administrators will determine the appropriate
level of Action to take for an attempted violation. The Action will generally be at a level
less than that of the actual violation.
• For repeated and/or multiple offenses, Administrators may apply an action that is one
level higher than that listed, but only after approval from the Department of Student
Equity and Intervention. The Department of Student Equity and Intervention will review
whether the teachers and/or administrators have attempted to effectively implement
interventions to address any underlying or unresolved issues, and will not permit a single
type of behavior to be elevated more than one level, regardless of the frequency of
occurrence.
• When determining the appropriate level of action to take, administrators may consider a
student’s claim of self defense, defense of others or defense of property.
• When determining the appropriate action to take, Administrators at the elementary level
(Pre-K-5th Grade) may consider all violations, with the exception of possession of
firearms or any incidence of threat to an educational institution, at one level lower than
that of the actual violation.
• Administrators may not withdraw a student’s open enrollment or magnet status during the
school year as a consequence for a discipline violation.
• Students will not receive out of school suspension for attendance violations.
• Law Enforcement Officers, including School Resource Officers, School Safety Officers,
and other law enforcement and security personnel shall not be involved in low-level
student discipline. Low level offenses are levels 1, 2 and 3. An administrator must
immediately notify an Assistant Superintendent or Director and the Department of
Student Equity and Intervention when law enforcement is contacted.

111

The Arizona -Department of Education has identified the following violations:
AGGRESSION
Violation

Action Level

Verbal Provocation
Use of language or gestures that may incite another person or other people to fight.

1

Recklessness
Unintentional, careless behavior that may pose a safety or health risk for yourself or for others.

1

Minor Aggressive Act
2

Student engages in non-serious but inappropriate physical contact.
Examples: hitting, poking, pulling, tripping, or pushing.

Other Aggression
Includes other acts of aggression not specifically listed within the Aggression section including, but not
limited to, serious and inappropriate physical contact.

3

Examples: pulling a chair out from underneath another person, or other behaviors that demonstrate low-level
hostile behaviors.

Disorderly Conduct
A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or
person, or with knowledge of doing so, such person:
1. Engages in violent or seriously disruptive behavior.
2. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke
immediate physical retaliation by such person.
3. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the
business of a lawful meeting, gathering or procession.
4. Refuses to obey a lawful order to disperse issued to maintain public safety. (see A.R.S. §13-2904)
5. Recording/distributing fights on any social media outlet.

3

Endangerment
A person commits endangerment by endangering themselves or another person with a substantial risk of
imminent death or physical injury. (see A.R.S. § 13-1201)

Fighting

3
3

Mutual participation in an incident involving physical violence; does not include verbal confrontation alone.

Assault
A person commits assault by intentionally, knowingly, or recklessly causing physical injury to another person;
knowingly touching another person with the intent to injure, insult or provoke such person., or by threatening
to use a deadly weapon or dangerous instrument or a simulated deadly weapon. (see A.R.S. §13-1203)

4

Examples: Restraining, barricading.
Only if the administrator forms a reasonable belief that a student has suffered a non-accidental physical
injury is a report to law enforcement mandatory.

Aggravated Assault
A person commits aggravated assault if the person:
1. Causes serious physical injury to another.
2. Uses a deadly weapon or dangerous instrument.
3. Commits the assault by any means of force that causes temporary but substantial disfigurement, temporary
but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. Commits the assault while the victim is bound or otherwise physically restrained or while the victim's
capacity to resist is substantially impaired.
5. Commits assault and the person is in violation of an order of protection.
6. Commits the assault knowing or having reason to know that the victim is any of the following: law
enforcement officer, prosecutor, firefighter, EMT/Paramedic engaged in official duties, teacher or any
school employee on school grounds, on grounds adjacent to the school or in any part of a building or
vehicle used for school purposes, teacher or school nurse visiting a private home in the course of the
teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom

112

5
Mandatory report
to law enforcement

Comment [B27]: Is this an ADE requirement or
added by the consultants? In any event, it seems
inappropriate and a violation of student rights. For
example, students may want to complain about the
violence in their school and share a video.

activity held on other than school grounds. (see A.R.S. § 13-1204)

ALCOHOL, TOBACCO AND OTHER DRUGS VIOLATIONS
Definitions
Drug Violation: Unlawful use, cultivation, manufacture, distribution, sale, purchase, possession, transportation or importation of any controlled
drug or narcotic substance or equipment and devices used for preparing or taking drugs or narcotics. Includes being under the influence of drugs
at school, school-sponsored events and on school-sponsored transportation. Includes over-the-counter medications if abused by the student.
Possession: knowing exercise of dominion or control over an item.

Use: the act of using.

Sale: to transfer or exchange an item to another person for anything of value or advantage, present or prospective.
Share: to allow another person to use or enjoy something that one possesses.

Violation

Action Level

Over the Counter Drugs, Inappropriate use of
Medicines that may be purchased directly without a prescription from a health care professional. Inappropriate
use includes any use other than that described on the packaging or recommended by a health care professional.

Possession
Use
Sale
Share

2
2
3
3

Inhalants
Inhalants include medications, anesthetics, or other compounds in vapor or aerosol form, taken by inhalation.
This does NOT include e-cigarettes or hookah sticks.

Possession
Use
Sale
Share
Unknown Drug
Possession
Use
Sale
Share
Substance Represented as of Illicit Drug

4
4
5
5
4
4
5
5

A substance that is not an illicit drug but that is represented as, and could be perceived as being, an illicit drug.

Possession
Use
Sale
Share
Prescription Drugs, Inappropriate use of

4
4
5
5

Medicines obtained with the lawful prescription of a health care professional. Inappropriate use includes any
use other than that described by the prescription.

Possession
Use
Sale
Share
Illicit Drug
Illicit drugs include dangerous drugs, narcotic drugs, marijuana, and peyote as defined by A.R.S. § 13-3401,
and appearing in any form, including seeds, plants, cultivated product, powder, liquid, pills, tablets, etc.

Possession
Use
Sale
Share
Alcohol Violation

Mandatory report
to law enforcement
4
4
5
5
Mandatory report
to law enforcement
4
4
5
5

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or
use of intoxicating alcoholic beverages or substances represented as alcohol. This includes being intoxicated
at school, school-sponsored events and on school-sponsored transportation.

Possession

4
113

Use
Sale
Share

4
5
5

Tobacco Violation
The possession, use, distribution or sale of tobacco products on school grounds (including any device or
substance that delivers nicotine such as e-cigarettes, nicotine patches and hookah sticks), at school-sponsored
events and on school-sponsored transportation. (see A.R.S. §36-798.03).

Possession
Use
Sale
Share

2
2
3
3

Possession of Drug Paraphernalia
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use
or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of
this chapter . (see A.R.S. § 13-3415 )

Possession
Use
Sale
Share

2
2
3
3

ARSON
Definitions
Structure: a building or place with sides and a floor used for lodging, business, transportation, recreation, or storage
Occupied structure: any structure in which one or more persons is, or is likely to be present, or is so near as to be in equivalent danger at the
outset of the fire or explosion. This includes any dwelling house, whether occupied or not.
Property: anything other than a structure that is owned and has value of any kind (e.g., a backpack, school book, clothing, etc.).
Damage: as used here, means a tangible or visible impairment to a surface.
Reckless Burning: recklessly causing a fire or explosion resulting in damage to a structure, wild land, or property. (see A.R.S. § 13-1702).

Violation

Action Level

Arson of a Structure or Property
A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or
property by knowingly causing a fire or explosion. (see A.R.S. § 13-1703)
NOTE: Burning one’s own property is not arson, with the exception of burning one’s own property with the
knowledge that it will ignite another’s property or a structure. Burning one’s own property may,
where appropriate, be considered reckless burning.

Arson of an Occupied Structure
A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied
structure by knowingly causing a fire or explosion. (see A.R.S. § 13-1704)

4

5
Mandatory report to
law enforcement

NOTE: Administrators may consider acts of arson that are only reckless (as opposed to knowing or intentional), or that damage property with a
value under $100, at Level 3. Please see the definition of Reckless Burning above.

ATTENDANCE POLICY VIOLATION (Out of school suspension is not permitted)
Violation
Action Level
Other Attendance Violations
Examples: leaving school, without signing out in the main office; leaving school at lunch, without a pass;
obtaining a pass to go to a certain place and not reporting there; becoming ill and going home or staying in the
restroom, instead of reporting to the nurse's office; or coming to school, but not attending classes.

1

Tardy

1

Arriving at school or class after the scheduled start time.

Unexcused Absence

1
114

When a student is not in attendance for an entire day and does not have an acceptable excuse.

Leaving School Grounds without Permission

1

Leaving school grounds or being in an “out-of-bounds” area during regular school hours without permission
of the principal or principal designee.

Truancy

1

When a child between 6-16 years of age has an unexcused absence for at least one class period during the day.

DISHONESTY
Violation

Action Level

Cheating
To intentionally share with another, or take from another, intellectual property for the purpose of deceit or
fraud, or to take or steal intellectual property from another with or without their knowledge and present it as
the student’s own.

2

Forgery
Falsely and fraudulently making or altering a document, including hall passes and parent signatures.

2

Lying
To make an untrue statement with intent to deceive or to create a false or misleading impression.

21

Plagiarism
To steal and pass off the ideas or words of another as one’s own, including material obtained online.

HARASSMENT AND THREAT, INTIMIDATION
Violation

2

Action Level

Threat or Intimidation
When a person indicates, by words or conduct, the intent to cause physical injury or serious damage to a
person or their property, or intentionally places another person in reasonable apprehension of imminent
physical injury. This may include threats or intimidation that occurs online or through a telecommunication
device. (see A.R.S. § 13-1202).

3

Bullying
Bullying is the repeated intimidation of students by the real or threatened infliction of physical, verbal,
written, electronically transmitted, or emotional abuse, or through attacks on the property of another. It may
include, but not be limited to actions such as verbal taunts, name-calling and put-downs, including ethnically
based or sex or gender-based verbal put-downs, and extortion of money or possessions. Bullying can be
physical in form (e.g., pushing, hitting, kicking, spitting, stealing); verbal (e.g., making threats, taunting,
teasing, name-calling); non-verbal/ cyber-bullying (e.g., text messages, email, social networking); or
psychological (e.g., social exclusion, spreading rumors, manipulating social relationships).

3

Harassment, nonsexual
A person commits harassment if, with intent to harass or with knowledge that the person is harassing another
person, the person:
1. Anonymously or otherwise communicates or causes a communication with another person by verbal,
electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Follows another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency. (see
A.R.S. § 13-2921)

3

NOTE: Bullying and Sexual Harassment are types of Harassment. Indicate Harassment, nonsexual if the
violation is not specifically Bullying or Sexual Harassment, or if the specific type of harassment is not
known.

Hazing
“Hazing” means any intentional, knowing or reckless act committed by a student, whether individually or in
concert with other persons, against another student, and in which both of the following apply:
1. The act was committed in connection with an initiation into, an affiliation with or the maintenance of
membership in any organization that is affiliated with an educational institution. (“Organization” means an

115

3

Comment [B28]: So, a student who lies by
saying something like I was late because my mom
didn’t get me to school on time, or my computer
crashed, is committing a level 2 offense?

athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated
with the school and whose membership consists primarily of students enrolled at the school.).
2. The act contributes a substantial risk of potential physical injury, mental harm or degradation or causes
physical injury, mental harm or personal degradation. (see A.R.S. § 15-2301)
*Administrators may treat incidents of hazing at a Level 4 as appropriate to the situation, and in conjunction
with the Department of Student Equity and Intervention

HOMICIDE; KIDNAPPING
Violation

Action Level

Includes first degree murder, second degree murder, manslaughter or negligent homicide, and intentionally or
recklessly causing the death of another person. (see A.R.S. § 13, Chapter 11)

5
Mandatory report
to law enforcement

Homicide

Kidnapping
Knowingly restraining another person with the intent to hold the victim for ransom, as a shield or hostage; or
hold the victim for involuntary servitude; or inflict death, physical injury or a sexual offense on the victim, or
to otherwise aid in the commission of a felony; or place the victim or a third person in reasonable
apprehension of imminent physical injury to the victim or such third person. (see A.R.S. § 13-1304)

OTHER VIOLATIONS OF SCHOOL POLICIES
Violation

5
Mandatory report
to law enforcement

Action Level

Dress Code Violation
Student wears clothing that does not fit within the dress code guidelines stated by school or district policy.

1

Parking Lot Violation
Examples: unsafe driving in the parking lot, parking in unauthorized areas, parking in fire lanes or disabled
persons space/area, parking in two or more parking spaces with one vehicle, excessive audio or radio sound,
blocking driveway or access, or littering.

1

Public Display of Affection
1

Inappropriate displays of affection (i.e. kissing)

Other Violation of School Policies and Regulations THIS IS PECULIAR.
IT APPEARS IN A SECTION OF THE ABOUT THE SAME NAME.
2

WHY IS IT NECESSARY?
Other violations of written school, or district-wide, policy or regulation.

Contraband
Items stated in school policy as prohibited because they may disrupt the learning environment.

2

Combustible
Student is in possession of substance or object that is readily capable of causing bodily harm or property
damage. (e.g. matches, lighters)

2

Disruption
Student engages in behavior causing an interruption in a class or activity. Disruption includes sustained loud
talk, yelling, or screaming; noise with materials; horseplay or roughhousing; or sustained out-of-seat behavior.

2

Gambling

2

To play games of chance for money or to bet a sum of money.

Language, Inappropriate
Delivering verbal messages that include swearing, name calling, or use of words in an inappropriate way.

Defiance or Disrespect Towards Authority and Non Compliance
116

2
2

Student engages in refusal to follow directions, talks back, or delivers socially rude interactions.

Negative Group Affiliation / Illegal Organization
Clubs, fraternities, sororities, anti-social organizations, secret societies, criminal street gangs, and other sets of
individuals that are not sanctioned by the Governing Board and which are determined to be disruptive to
teaching and learning. This includes wearing of symbolic apparel, making gestures, writing on and marking of
property, or altering of personal appearance to symbolize membership in an organization with a history of, or
determined to be, a disruption to teaching and learning.

3

SCHOOL THREAT OR INTERFERENCE
Definitions
Threatening an educational institution (School Threat) means to interfere with or disrupt an educational institution by doing any of the following:
1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause physical injury to any employee of an educational institution or any person attending an educational institution.
2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to
cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational
institution or the property of any person attending an educational institution.
3. Going on or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the
property or in any manner as to deny or interfere with the lawful use of the property by others.
4. Refusing to obey a lawful order to leave the property of an educational institution.
NOTE: “interference with or disruption of” includes only those acts that might reasonably lead to the evacuation or closure of a school property
or to the postponement, cancellation, or suspension of any class or other school activity (though actual evacuation, closure,
postponement, cancellation or suspension is not required).

Violation

Action Level

Fire Alarm Misuse

4

Intentionally ringing fire alarm when there is no fire.

Other School Threat
An incident, not coded in the School Threat category, which involves threatening an educational institution.

Bomb Threat
Threatening an educational institution by using or threatening to use a bomb, or arson-causing device.

Chemical or Biological Threat
Threatening an educational institution by using or threatening to use dangerous chemicals or biological agents.

5
Expulsion
required by law
5
Expulsion
required by law
5
Expulsion
required by law

SEXUAL OFFENSES

Violation

Action Level

Harassment, Sexual
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, graphic,
written, or physical conduct of a sexual nature where such conduct has the purpose or effect of creating an
intimidating, hostile, or offensive educational environment. Sexual harassment can include nonverbal forms
(e.g., “sexting,” tweeting, or otherwise sending messages through networking sites and/or telecommunication
devices), or physical conduct of a sexual nature.

3

Pornography
Pornography is the sexually explicit and obscene depiction of persons, in words or images.

3

Examples: viewing and/or sharing nude or sexually-charged images (non-art, non-educational) of people in
books, magazines, electronic devices, or on the internet; using an electronic device to send or receive nude
images, partially-nude images, or images that are sexual in nature (“i.e. sexting”), or drawing nude images,
partially-nude images, or images that are sexual in nature that have no redeeming educational value.

Harassment, Sexual with contact
4

Sexual harassment that includes physical contact.

117

Comment [B29]: THIS SECTION, BY
LISTING THINGS LIKE NAME CALLING AS #2
OFFENCES, LEGITIMATES SUSPEN SION FOR
SUCH ACTIONS AND ILLUSTRATES WHY
SUSPENSION SHOULD NOT BE AN OPTION
FOR LEVEL 2 OFFENSES.

Indecent Exposure or Public Sexual Indecency
A violation of A.R.S. § 13-1402 Indecent exposure, § 13-1403 Public sexual indecency, or engaging in other
sexual acts.

4

Examples: public urination, streaking, masturbation, “peeping tom” (including taking photos or videotaping),
exposing another student’s private parts, or engaging in intercourse, or oral sex.

Sexual Assault or Rape

5
Mandatory report
to law enforcement

A violation of A.R.S. § 13-1406 Sexual assault

Sexual Abuse or Sexual Conduct with minor, or Child Molestation
A violation of A.R.S. § 13-1404 Sexual abuse, § 13-1405 Sexual conduct with a minor, or § 13-1410 Child
Molestation.

TECHNOLOGY, IMPROPER USE OF
Violation

5
Mandatory report to
law enforcement

Action Level

Telecommunication Device
Examples: use of telecommunication devices (cell phones, pagers, etc.) for non-instructional purpose

1

Other Technology
1

Examples: Nintendo DS, iPods, MP3 players, etc.

Computer
Examples: use of school computers for non-instructional purpose, copyright or trademark infringement,
knowingly uploading or downloading destructive or malicious programs or software, loading personal
software or disks onto school computers without permission of an administrator, vandalism of computers or
computer equipment.

2

Network Violation
Examples: use of computer network for non-instructional purpose, knowingly uploading or downloading
destructive or malicious programs or software, sharing passwords, attempting to read, delete, copy or modify
the email of other users, accessing secure areas other than for educational purposes, transmitting material
information or software in violation of any district policy or regulation, local, state or federal law or
regulation, or tampering with or misuse of the computer networking system or taking any other action
inconsistent with this regulation will be viewed as a network violation.

3

THEFT
Violation

Action Level

Petty Theft
2

Thefts for cash, or property, valued under $100.

Theft – School Property or Non-School Property
A person commits theft if, without lawful authority, the person knowingly:
b. Controls property of another with the intent to deprive the other person of such property; or
c. Converts for an unauthorized term or use services or property of another entrusted to the defendant or
placed in the defendant’s possession for a limited, authorized term or use; or
d. Obtains services or property of another by means of any material misrepresentation with intent to deprive
the other person of such property or services; or
e. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing
means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use
without reasonable efforts to notify the true owner; or
f. Controls property of another knowing or having reason to know that the property was stolen; or
g. Obtains services known to the defendant to be available only for compensation without paying or an
agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit
without authority to do so. (see A.R.S. § 13-1802)

Burglary or Breaking and Entering

3

4
118

Entering or remaining unlawfully in or on the personal property of another, a classroom, a residential structure
or yard or a nonresidential structure or in a fenced commercial property with the intent to commit any theft or
any felony therein. (see A.R.S. § 13-1506 - § 13-1507)

Extortion
A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by
means of a threat to do in the future any of the following:
1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument.
2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.
3. Cause damage to property.
4. Engage in other conduct constituting an offense.
5. Accuse anyone of a crime or bring criminal charges against anyone.
6. Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule or to impair the person’s credit or business.
7. Take or withhold action as a public servant or cause a public servant to take or withhold action.
8. Cause anyone to part with any property. (see A.R.S. § 13-1804)

4

Robbery
A person commits robbery if in the course of taking any property of another from his person or immediate
presence and against his will, such person threatens or uses force against any person with intent either to
coerce surrender of property or to prevent resistance to such person taking or retaining property. (see A.R.S. §
13-1902)

Armed Robbery
A person commits armed robbery if, in the course of committing robbery (see definition above) such person or
an accomplice;
1. Is armed with a deadly weapon or a simulated deadly weapon; or
2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
(see A.R.S. § 13-1904)

4

5
Mandatory report to
law enforcement

Burglary (First Degree)
A person commits burglary in the first degree if such person or an accomplice enters or remains unlawfully in
or on a residential structure or yard or a nonresidential structure or in a fenced commercial with the intent to
commit any theft or any felony therein (see A.R.S. §13-1506-07) and knowingly possesses explosives, a
deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
(see A.R.S. § 13-1508)

5
Mandatory report to
law enforcement

TRESPASSING; VANDALISM OR CRIMINAL DAMAGE
Definitions
Criminal damage: Willful destruction or defacement of school property, commercial property located on school property, or personal property
of another person, so as to substantially impair its function or value in an amount of five thousand dollars or more. Administrators may consider
acts of vandalism that result in damages exceeding $5,000 in value at a Level 4.
Examples: Substantial destruction of copy machines, school vehicles, student vehicles, or certain technology, science, or computer equipment.

Violation

Action Level

Trespassing
To enter or remain on a public school campus or school board facility without authorization or invitation and
with no lawful purpose for entry. This includes students under suspension or expulsion and unauthorized
persons who enter or remain on a campus or school board facility after being directed to leave by the chief
administrator or designee of the facility, campus or function.

2

Graffiti or Tagging
Writing on walls; drawings or words that are painted or sprayed on walls and/ or other surfaces that can be
easily removed with soap or cleaner.

2

Vandalism of Personal property
3

Willful destruction or defacement of personal property.

Vandalism of School Property

3
119

Willful destruction or defacement of school property.
Examples: Destroying school computer records, carving initials or words in desk top, spray painting on
walls, or damaging vehicles.

WEAPONS AND DANGEROUS ITEMS (POSSESSION OF)
Violation

Action Level

Dangerous Items
Knife with a blade length of less than 2.5 inches, air soft gun, b.b.gun, laser pointer, letter opener,
mace/pepper spray, paintball gun, pellet gun, razor blade/box cutter, simulated knife, taser or stun gun, tear
gas, firecrackers, smoke and stink bombs, gas, lighter fluid, and other dangerous items (anything that under
the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of
causing death or serious physical injury).

3

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used is readily capable of causing death or serious physical injury.

Other Weapons
Examples: Billy club, brass knuckles, knife with a blade length of at least 2.5 inches, nunchakus.

4

Mandatory report to law enforcement if under the circumstances in which it is used, attempted to be
used or threatened to be used the item is readily capable of causing death or serious physical injury.

Simulated Firearm
Possession of a simulated firearm made of plastic, wood, metal or any other material which is a replica,
facsimile, or toy version of a firearm.

3

If the simulated firearm is used to threaten or intimidate, the violation will be considered a level 4.

Firearms
Firearm means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will
expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive.
Firearm does not include a firearm in permanently inoperable condition. (see A.R.S. § 13-3101)
Other Firearms – As defined for the Gun-Free Schools Act (GFSA) – includes - the frame or receiver of any
weapon described above; Any firearm muffler or firearm silencer; Any destructive device, which includes:
Any explosive, incendiary, or poison gas: Bomb; Grenade; Rocket having a propellant charge of more than
four ounces; Missile having an explosive or incendiary charge of more than one-quarter ounce, Mine or
similar device. Any weapon which will, or which may be readily converted to, expel a projectile by the action
of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in
diameter. Any combination or parts either designed or intended for use in converting any device into any
destructive device described in the two immediately preceding examples, and from which a destructive device
may be readily assembled. (see 18 U.S.C. 921)
NOTE: This definition does not apply to items such as toy guns, colorful plastic water guns, cap guns,
bb guns, and pellet guns)

120

5
Expulsion required
by law
Mandatory report to
law enforcement

INDEX REVISE AFTER FINAL REVISIONS
Abeyance Contracts, 16, 17
Action Levels, 18
Aggression, 20
Aggravated Assault, 20
Assault, 20
Disorderly Conduct, 20
Endangerment, 20
Fighting, 20
Minor Aggressive Act, 20
Other Aggression, 20
Recklessness, 20
Verbal Provocation, 20
Alcohol, Tobacco and other Drugs, 21-22
Alcohol Violation, 21
Illicit Drugs, 21
Inhalants, 21
Over the Counter Drugs, 21
Possession of Drug Paraphernalia, 22
Prescription Drugs, 21
Substance Represented as of Illicit Drug, 21
Tobacco Violation, 22
Unknown Drug, 21
Anti-Harassment Policy, 11
Appeals, 17
Arson, 22
Arson of an Occupied Structure, 22
Arson of a Structure or Property, 22
Attendance Policy, 11
Attendance Violation, 22
Leaving School Grounds, 22
Other Attendance Violations, 22
Tardy, 22
Truancy, 23
Unexcused Absence, 22
Bus Rules, 10
Bullying, Intimidation & Harassment, 11, 23

Cell Phones, 11
Dating Abuse, 11
Dishonesty, 23
Cheating, 23
Forgery, 23
Lying, 23
Plagiarism, 23
Dress Code, 9-10
Due Process for General Education Students, 14-15
Due Process for Exceptional Education Students, 15
Expulsions, 17
Gang Activity, 9
General Information, 9-13
Anti-Harassment Policy, 9
Governing Board Position, 9
School Dress Code, 9-10
Bus Rules, 10
Student Attendance, 11
Bullying, Intimidation & Harassment, 11
Dating Abuse, 11
Cell Phones, 11
Harassment, Threats and Intimidation, 23
Bullying, 23
Harassment, nonsexual, 23
Hazing, 23
Threat or Intimidation, 23
Hazing, 12-13, 23
Homicide, 23
Kidnapping, 23
Know the Actions, 18-28
Abeyance Contracts, 18, 19
Administration of Guidelines, 14
Appeals, 17
Conduct Which Must be Reported, 14
Conduct Which May be Reported, 14
Due Process for Students, 14-15
121

Expulsions, 17
Out of School Suspensions, 15-16
Short-Term Suspension, 15
Long-Term Suspension, 16
Principal Application for Waiver, 17
Law Enforcement, Reports to, 14
Other Violations of School Policies, 24
Combustible, 24
Contraband, 24
Defiance or Disrespect, 24
Disruption, 24
Dress Code Violation, 24
Gambling, 24
Language, Inappropriate, 24
Negative Group Affiliation, 24
Other Violation of Policies, 24
Parking Lot Violation, 24
Public Display of Affection, 24
Out of School Suspensions, 15-16
Purpose, 4
What are the Guidelines, 4
When are Guidelines in Force, 4
Rights & Responsibilities, 5-8
Students Have a Right to, 5
Students Have a Responsibility to, 6
Parents/Guardians Have a Right to, 6-7
Parents/Guardians Have a Responsibility to, 7
Teachers Have a Right to, 7
Teachers Have a Responsibility to, 8
Administrators Have a Right to, 8
Administrators Have a Responsibility to, 8

Sexual Assault or Rape, 25
Technology, Improper Use of, 26
Computer, 26
Network Violation, 26
Other Technology, 26
Telecommunication Device, 26
Theft, 26-27
Armed Robbery, 27
Burglary or Breaking & Entering, 26
Burglary (First Degree), 27
Extortion, 26
Petty Theft, 26
Robbery, 27
Theft-School/Non-School Property, 26
Trespassing, 27

Vandalism, 27
Graffiti or tagging, 27
Vandalism of Personal Property, 27
Vandalism of School Property, 27
Violations & Actions, 15-28
Aggression, 20
Alcohol, Tobacco & Other Drugs, 21-22
Arson, 22
Attendance Violation, 22-23
Dishonesty, 23
Harassment and Threat, Intimidation, 23
Homicide, 24
Kidnapping, 24
Other Violations of School Policies, 24
School Threat, 25
Sexual Offenses, 25
Technology, Improper Use of, 26
Theft, 26-27
Trespassing, 27
Vandalism or Criminal Damage, 27
Weapons & Dangerous Items, 28
Weapons, 28
Dangerous Items, 28
Firearms, 28
Other Weapons, 28
Simulated Firearms, 28

School Threat, 25
Bomb Threat, 25
Chemical or Biological Threat, 25
Fire Alarm Misuse, 25
Other School Threat, 25
Sexual Offenses, 25
Harassment, Sexual, 25
Harassment, Sexual with contact, 25
Indecent Exposure/Public Sexual Indecency, 25
Pornography, 25
Sexual Abuse, 25

122

(4) The right to file a complaint with the U.S. Department of
Education concerning alleged failures by TUSD to comply with
the requirements of FERPA.

TUSD ANNUAL NOTIFICATION OF PRIVACY RIGHTS OF
PARENTS AND STUDENTS

Any complaints arising from an alleged violation of these rights may
be submitted to the Superior Court of Pima County, Arizona, or to:

The Family Educational Rights and Privacy Act (FERPA) affords
parents and “eligible students” (students over 18 years of age, or who
attend an institution of postsecondary education) certain rights
regarding the student’s education records. These rights are:

The Family Policy Compliance Office
U.S. Dep’t of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
[phone]

(1) The right to inspect and review the student’s education
records within 45 days from the day TUSD receives a request.
The parent(s) and/or eligible student may inspect and review
student’s education records, and TUSD policies and regulations
governing use of those records, by making an appointment with the
student’s school principal. A copy of state and federal statutes and
regulations concerning student records is available for reasonable
inspection in the Office of the Superintendent or designee, 1010 E.
10th Street, Tucson, Arizona. A list of the types of records
maintained, and an explanation of any record, will be provided by
appropriate TUSD personnel upon request.

Directory Information
FERPA requires that TUSD, with certain exceptions, obtain a
parent’s/guardian’s written consent prior to the disclosure of
personally identifiable information from your child’s education
records. However, TUSD may disclose appropriately designated
“directory information” without written consent, unless you have
advised TUSD to the contrary in accordance with TUSD procedures
(see Administrative Regulation 5130). The primary purpose of
directory information is to allow TUSD to include this type of
information from your child’s education records in certain school
publications, such as:

Federal law assumes that both parents are equally entitled to review
their child’s records. If there is a custody order in place that prohibits
the provision of this information to one parent, please provide TUSD
with a copy of the custody order, signed by a judge.

•The annual yearbook;
•Honor roll or other recognition lists;
•Graduation programs; and
•Sports activity sheets showing weight/height of team members.

(2) The right to request the amendment of the student’s
education records that the parent(s) and/or eligible students
believes are inaccurate, misleading, or otherwise in violation of
the student’s privacy rights under FERPA.

Directory information, which is information that is generally not
considered harmful or an invasion of privacy if released, can also be
disclosed to outside organizations without a parent’s prior written
consent. Outside organizations include, but are not limited to,
companies that manufacture class rings or publish yearbooks. In
addition, two federal laws require local educational agencies (LEAs)
receiving assistance under the Elementary and Secondary Education
Act of 1965 (ESEA) to provide military recruiters, upon request, with
the following information – names, addresses and telephone listings
– unless parents have advised the LEA that they do not want their
student’s information disclosed without their prior written consent.

Such a request must be in writing to the student’s school principal,
must clearly identify the part of the record they want changed, and
must specify why it should be changed. If TUSD, decides not to
amend the record as requested by the parent(s) and/or eligible
student, TUSD will notify the parent(s) and/or eligible student of the
decision, and the parent(s) and/or eligible student may further request
a hearing regarding the request for amendment, as provided by
federal and state statutes, rules and regulations.
(3) The right to privacy of personally identifiable information in
the student’s education records, except to the extent that FERPA
authorizes disclosure without consent.

If you do not want TUSD to disclose directory information from your
child’s education records without your prior written consent, you
must notify TUSD on TUSD Form 274, prior to October 1st. TUSD
has designated the following information as directory information:

TUSD must obtain the written consent of the parent or eligible
student prior to releasing personally identifiable information from the
education records of a student, except in circumstances where federal
and state law authorize disclosure without consent, such as disclosure
to school officials with legitimate educational interests. A school
official is a person employed by TUSD as an administrator,
supervisor, instructor, or support staff member (including health or
medical staff and law enforcement unit personnel); a Governing
Board member; a person or company with whom TUSD has
outsourced services or functions it would otherwise use its own
employees to perform (such as an attorney, auditor, medical
consultant, or therapist); a parent or student serving on an official
committee, such as a disciplinary or grievance committee; or a
parent, student, or other volunteer assisting another school official in
performing his or her tasks. A school official has a legitimate
educational interest if the official needs to review an education
record in order to fulfill his or her professional responsibility.

Name, address, parent or guardian telephone listing, email address,
date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, grade level, enrollment status,
degrees (diplomas) and awards received, the most recent previous
educational agency or institution attended by the student, personally
identifiable photographs, videotapes, films and other visual media,
personally identifiable interviews, either audio only or audio and
visual, and other similar information.
Under federal law, this information is considered directory
information and does not require the written consent of a
parent/eligible student to release. If you object to the release of
directory information you must notify the principal or designee of the
school, in writing, on TUSD Form 274, prior to October 1st. If Form
274 is not received by October 1st, it will be assumed that there is no
objection to releasing such information. This procedure shall be done
annually. Pursuant to federal law, upon request, TUSD may disclose
education records without prior parental/eligible student consent, to
officials of another school district in which a student seeks or intends
to enroll. For further information, contact the Principal’s Office at the
school
where
the
student(s)
attend
in
TUSD.

Upon request, schools will disclose education records, without
consent, to officials of another school district in which a student
seeks or intends to enroll, or is already enrolled if the disclosure
is for purposes of the student’s enrollment or transfer.

123

TUSD ANNUAL NOTIFICATION OF
RIGHTS UNDER THE PROTECTION OF
PUPIL RIGHTS AMENDMENT (PPRA)

(3) Inspect, upon request and before administration
or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information
from students for any of the above marketing, sales, or
other distribution purposes; and
3. Instructional material used as part of the educational
curriculum.

PPRA affords parents certain rights regarding our
conduct of surveys, collection and use of information
for marketing purposes, and certain physical exams.
These include the right to:

These rights transfer from the parents to a student who
is 18 yrs old, or an emancipated minor under State law.

(1) Consent before students are required to submit
to a survey that concerns one or more of the
following protected areas (“protected information
survey”) if the survey is funded in whole or in part
by a program of the U.S. Dep’t of Education (ED) –

TUSD will develop and adopt policies, in consultation
with parents, regarding these rights, as well as
arrangements to protect student privacy in the
administration of protected information surveys and the
collection, disclosure, or use of personal information
for marketing, sales, or other distribution purposes.

1. Political affiliations or beliefs of the student or
student’s parent;
2. Mental or psychological problems of the student or
student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning
behavior;
5. Critical appraisals of others with whom respondents
have close family relationships;
6. Legally recognized privileged relationships, such as
with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the
student or parents; or
8. Income, other than as required by law to determine
program eligibility.

TUSD will directly notify parents of these policies at
least annually at the start of each school year and after
any substantive changes. TUSD will also directly
notify, such as through U.S. Mail or email, parents of
students who are scheduled to participate in the specific
activities or surveys noted below and will provide an
opportunity for the parent to opt his or her child out of
participation of the specific activity or survey.
TUSD will make this notification to parents at the
beginning of the school year if the District has
identified the specific or approximate dates of the
activities or surveys at that time. For surveys and
activities scheduled after the school year starts, parents
will be provided reasonable notification of the planned
activities and surveys listed below and be provided an
opportunity to opt their child out of such activities and
surveys. Parents will also be provided an opportunity to
review any pertinent surveys. Following is a list of the
specific activities and surveys covered under this
requirement:

(2) Receive notice and an opportunity to opt a
student out of –
1. Any other protected information survey, regardless
of funding;
2. Any non-emergency, invasive physical exam or
screening required as a condition of attendance,
administered by the school or its agent, and not
necessary to protect the immediate health and safety of
a student, except for hearing, vision, or scoliosis
screenings, or any physical exam or screening permitted
or required under State law; and
3. Activities involving collection, disclosure, or use of
personal information obtained from students for
marketing or to sell or otherwise distribute the
information to others.

•Collection, disclosure, or use of personal information
for marketing, sales, or other distribution.
•Administration of any protected information survey
not funded in whole or in part by ED.
•Any non-emergency, invasive physical examination or
screening as described above.
Parents who believe their rights have been violated may
file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 2020

124

YOUR SCHOOL IS A

SAFE-T-ZONE
IF YOU SEE IT






DRUGS
FIGHTS
GANGS
ASSAULTS
TRUANCY







VIOLENCE
WEAPONS
NON-STUDENTS
GRAFFITI
THREATS

R E P O R T I T!
CONFIDENTIALITY GUARANTEED

TELL A SCHOOL OFFICIAL OR CALL

TUSD SAFETY MESSAGE LINE
584-7680
- MESSAGES CHECKED HOURLY DURING SCHOOL - DAILY ON NON-SCHOOL DAYS DISCRIMINATION STATEMENT: Tucson Unified School District does not discriminate on the basis of race,
color, religion/religious beliefs, sex, gender, gender identity, age, national origin, sexual orientation, , creed,
citizenship status, marital status, political beliefs/affiliation, disability, home language, or family, social or
cultural background in admission or access to, or treatment or employment in, its educational programs or
activities. Inquiries concerning Title VI, Title VII, Title IX, Section 504, and Americans with Disabilities Act
may be referred to TUSD’s EEO Compliance Officer, 1010 East Tenth Street, Tucson, Arizona 85719, (520) 2256444, or to the Office for Civil Rights, U.S. Department of Education, 1244 Speer Boulevard, Denver, Colorado
80204. See Board Policies AC “Non-Discrimination,” and ACA “Sexual Harassment” for more

information.

125

E. District Response to Fisher Objections

Desegregation Administration
P O Box 40400, Tucson, AZ 85717-0400 · phone [phone] · fax [phone]
Samuel E. Brown, Desegregation Director
Norma Faras, Sr. Program Coordinator - Richard Haan, Sr. Program Coordinator

MEMORANDUM
DATE:

September 13, 2013

TO:

Dr. Willis Hawley, Special Master

FROM:

Samuel E. Brown, Desegregation Director

SUBJ:

GSRR Objections from the Fisher Plaintiffs

A. Background
On June 22, 2013, the Parties were provided with a revised version of the Guidelines for Student Rights and
Responsibilities (GSRR, aka Student Handbook). Pursuant to the USP, the Parties had 30 days to provide input
on the development of the revised GSRR prior to the Governing Board voting to approve it on July 23, 2013.
The District, in an attempt to ensure collaboration and communication between all stakeholders (Parties, Staff,
and Governing Board), requested that the Parties send preliminary comments by July 8 – sixteen days after the
GSRR was submitted.
On July 12, 2013, Counsel Salter submitted a set of 22 preliminary comments on July 12. Actionable input
related to the GSRR is identified in bold, non-actionable input (as relates to revising the GSRR) is indicated by
“N/A.”
1.
2.

Issue
Introductory comment
Plaintiff review of the final document.

District Response
N/A
District sent 7.23.13 BoardApproved version to the Parties on
8.1.13; and send the 8.13.13 BoardApproved version to the Parties on
8.14.13.

3.
4.
5.
6.

User-Friendly table grouping offenses.
Whether PBIS/RP should be combined, and confusion it creates.
Request for information about staff.
Request for information about training/staff.
Message dilution and contradictory requirements.

Followed: Added to the GSRR.
N/A, mandated by the USP
N/A
N/A
Followed. Clarified contradictions
and inconsistencies in 8.13.13

126

7.
8.
9.

Request for information about monitoring.
Request for information about accountability.
Request for information about expert feedback.

10.

Provide more clarity.

11.

Provide detailed comments to the Special Master comments.

12.

17.

Increase description of teacher and administrator rights and
responsibilities.
In the GSRR, describe discipline monitoring and implementation
In the GSRR, describe how District will correct the alleged past
practice of sending students home w/o notifying their parents
In the GSRR, describe how District will correct the alleged past
practice of sending students home w/o suspending them
In the GSRR, describe how District will correct the alleged past
practice of sequential imposition of ISS and OSS
Dating Abuse language should be amended.

18.
19.
20.

Clearer detail and guidance for staff.
Request for information about police involvement
Use of cellphones by staff; confiscation of items

21.

Request for information on staff that apply discipline; and
monitoring to ensure they are following their duties
Request for changes to our monitoring process

13.
14.
15.
16.

22.

version.
N/A
N/A
Followed. Process in place to do so
in future.
Followed. Clarified contradictions
and inconsistencies in 8.13.13
version.
Somewhat Followed. Detailed
comments were provided to the
Special Master, not the Parties.
Did not follow.
Did not follow.
Did not follow.
Did not follow.
Did not follow.
Somewhat followed, language
stems from policy currently under
review to align to GSRR and to this
comment.
Followed: Added to GSRR
N/A
Somewhat followed: incorporated
this comment into our training,
reviewing policy language on
confiscation of items
N/A
N/A

While these 22 comments do include some implied concern about monitoring and implementation, the District
determined those concerns were more appropriately addressed in other activities and should not be described in
the GSRR. At this time, the Fisher Plaintiffs raised no concerns about abeyances, timeliness of special
education hearings, or hearing officers. By July 22, 2013, the District had not received any additional comments
or input from the Fisher Plaintiffs. Thus, the District only received preliminary comments from the Fisher
Plaintiffs.
On July 23, 2013, the Governing Board approved the GSRR. The approval was subject to some minor revisions
based on Board comments. The Board-approved version was not sent to the parties as staff scheduled a meeting
with the Special Master, at his request, to address remaining concerns during his visit the following week. The
following week, the Special Master visited Tucson and met with staff on the GSRR to consider additional
changes to clarify inconsistencies. On August 1, after meeting with the Special Master, the District sent the
revised version to the parties (including the Board and Special Master revisions).
127

On August 7, after meeting with the representative from the Department of Justice, the District made further
clarifying revisions. On August 13, the Governing Board approved the final version of the GSRR which
included the revisions made as a result of further consultation with the Special Master and the DOJ.
On August 26, 2013, the Fisher Plaintiff submitted comments on the GSRR. These comments, though they
came after the item had already been approved, were technically within 30 days of the submission of the revised
version on August 1, 2013. Arguably, there is still confusion about whether parties get 30 days to review an
item – as described in the USP, or if parties get 30 days to review each version of an item – as could also be
inferred from the USP.
On September 9, 2013, within 30 days of the approval of the GSRR on August 13, 2013, Counsel Salter for the
Fisher Plaintiffs wrote a request to file an objection to the GSRR. This was clearly later than 30 days from the
first set of preliminary comments on July 26, 2013, but within 30 days of their subsequent comments on August
26, 2013. Counsel Salter states:
I write to inform you that the Fisher Plaintiffs herewith object to the version of the Guidelines for Student Rights
and Responsibilities (GSRR) that was approved by the Tucson Unified School District (TUSD) Governing Board
(GB) on 08/13/13. As you are aware, Section I (D) (1) of the Unitary Status Plan (USP) provides in relevant
part that:
If any disagreements cannot be resolved within thirty (30) days from the date Plaintiffs provide their
comments to the District, the Special Master shall report such disagreements to the Court together with his
recommendation concerning how the disagreement(s) should be resolved. The Special Master’s report shall
include as attachments all submissions made to him by the Parties with respect to the item(s) in issue. The
Court may order additional briefing as it deems appropriate (at pages 6-7 of 02/20/13 order approving USP
emphasis added).
In timely compliance with these requirements (see your email of 09/04/13), please find attached hereto two
documents (originally submitted to you and TUSD on 07/12/13 and 08/26/13) containing the Fisher Plaintiffs'
unresolved and outstanding comments, recommendations and objections regarding the GSRR.
I submit these two documents in the understanding that they will be entered into record as is (without
modification, abbreviation or reformatting) as attachments to your report and recommendations to the Court.
Additionally, and please let me know if you or any of the parties disagree, I interpret the governing language of
the USP to require the attachment to your report of all submissions to you on the GSRR by all parties (to ensure
that the Court benefits from the full spectrum of plaintiff feedback on the disputed review item).
The Fisher Objections were as follows:

FISHER COMMENTS ON TUSD GSRR AS APPROVED BY TUSD GB:
1. The TUSD GSRR as approved by the TUSD GB does not address the use or discontinuance of
abeyance contracts. In light of the changes in the District’s GSRR, the Fisher Plaintiffs believe that
the use of abeyance contracts should be discontinued.
2. The TUSD GSRR as approved by the TUSD GB does not provide for the continuing training for
administrators or specify the consequences for an administrator’s failure to adhere to the GSRR.
The Fisher Plaintiffs believe the GSRR should include such provisions.

128

3. The TUSD GSRR as approved by the TUSD GB does not provide for the monitoring of
administrators generally and administrators responsible for restorative practices in particular. The
Fisher Plaintiffs believe that the GSRR should include such provisions.
4. In practice, in the past, District students have not always been duly apprised of their rights and
responsibilities under the District’s disciplinary policies and guidelines. For this reason, the Fisher
Plaintiffs believe it is necessary to ensure that all District students are duly apprised of their rights
and responsibilities under the GSRR.
5. In practice, in the past, administrators have not held disciplinary hearings for special education
students in timely manner, and have thereby inappropriately increased the number of days such
students are excluded from the classroom.
6. The hiring or continued employment of disciplinary hearing officers should be informed by past
performance. Hearing officers should have experience as both teachers and administrators. Moreover,
the Fisher Plaintiffs believe that it would run counter to the intent of the revision of the District’s
disciplinary policies to hire or employ disciplinary hearing officers previously employed in the criminal
justice system as probation officers.
B. District Response

#1: Abeyances are a powerful tool to give students a second chance – a fundamental tenet of Restorative
Practices –in lieu of excluding them from the classroom or from school. The District is anxious to discuss
alleged abuse of this tool, as any item in the GSRR may be abused by an administrator and we all should be
concerned with abuse. But, eliminating an entire worthwhile Restorative Practice based on alleged past abuse is
not aligned with the GSRR or the USP. This conversation would have been helpful to have during the first 30
days of comments, before the GSRR was approved by the Governing Board, but the District acknowledges it
may be a potential issue for discussion and action outside – but aligned with – the actual language of the GSRR.
#2-4: The training, monitoring, and outreach of the GSRR, discipline practices, PBIS, RP, etc. is currently being
developed, rolled-out, and implemented. Nothing in the USP requires or even implies that the GSRR should
include explanations about these activities, only that the District complies with these requirements. Further, the
July Report explains these activities in detail.
#5: This comment is outside of the scope of discussions about the GSRR, this is an appropriate consideration
when we review and revise policies and regulations, and this is a comment about an alleged practice that, even
if true, there is no evidence that is so widespread or pervasive that it should be systematically addressed.
#6: How or who the District hires as hearing officers is outside of the scope of discussions about the GSRR.
The GSRR is one piece of the USP’s discipline section. Other pieces: training, monitoring, hearing officers, etc.
are all things that can be addressed, but none of which are required by the USP to be stated or explained in the
GSRR. We are now in the process of aligning the discipline and inclusive school environments policies to the
GSRR (as approved by the Board). While it is certainly the parties’ prerogative to raise objections, before we
initiate a court report and recommendation, and more litigation, I would just like to point out that we have time
(and the District has the will) to discuss and potentially to address most if not all of these issues raised in the
upcoming comment and review period about the related policies and regulations.

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