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![handle is hein.sag/sagaz0019 and id is 1 raw text is: STATE OF ARIZONA
OFFICE OF THE ATTORNEY GENERAL
GRANT WOODS MAIN PHONE: 542-5025
ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085
January 19, 1995
Gary L. Lassen, Esq.
Jennings, Strouss & Salmon, P.L.C.
Two North Central, 16th Floor
Phoenix, Arizona 85004
Re: 195-001 (R94-52)
Dear Mr. Lassen:
Pursuant to Arizona Revised Statutes Annotated (A.R.S.)
§ 15-253, we revise your opinion to Dr. James E. Jurs,
Superintendent, Paradise Valley Unified School District
concerning that district's policy on expelling students. We
concur with your opinion that the policy is consistent with
A.R.S. H5 15-342 and -841. We revise your opinion, however,
because we do not find that either the policy or A.R.S. § 15-
841(B) permits expulsion of a student for a first-time offense
related to drugs or alcohol.
According to A.R.S. § 15-843(B), (tlhe governing board of
any school district shall, in consultation with the teachers and
parents of the school district, prescribe rules for the
discipline, suspension and expulsion of pupils. In response to
this directive, the Paradise Valley Unified School District has
promulgated a policy which, in part, prescribes sanctions for
both the possession and sale of alcohol and drugs. The policy
provides that a first offense for alcohol and drug possession
requires a minimum out-of-school suspension for 6-10 days, and a
repeated offense results in expulsion. Additionally, the
offense of selling drugs or alcohol provides .for long-term
suspension of from 11 days up to the remainder of the semester on
the first offense, and a maximum penalty of expulsion.
A school district governing board may [e]xpel pupils for
misconduct. A.R.S. § 15-342. According to A.R.S. S 15-841(B)
(as amended in 1994 by the Legislature during its second regular
session), however:](ViewImageLocal?handle=hein.sag/sagaz0019&div=1&collection=&method=preview&ext=.png&size=3)