Student banned from school for vaping. Then he was blacklisted by other Arizona schools

PHOENIX – Students suspended from schools in Arizona could be blacklisted from other district and charter schools that don't want to take them.

The Arizona Legislature is considering a bill that would effectively legalize what appears to be a gray area: Public schools are legally obligated to offer children an education but have in practice turned away students with disciplinary records, according to the American Civil Liberties Union of Arizona.

Arizona Senate Bill 1149 would allow schools to deny students admission if they are serving a suspension from another school, but not if the suspension period is over. It also would allow districts and charters to place the students in alternative programs instead of allowing them into traditional schools. 

Arizona's ACLU branch addressed the proposal with fierce criticism. The organization claims it would keep students, particularly students of color who are suspended at higher rates than white students, from education. 

"We are already seeing harsh disciplinary practices that result in suspensions," said Marcela Taracena, spokeswoman with the ACLU. "To allow schools to say no to students? It's unlawful." 

Two cases out of the Dysart Unified School District in Maricopa County, Arizona, are at the center of the legislation, which Sen. Rick Gray, a Republican from Sun City, introduced.

In the first case, a student accused of sexual abuse of another student in Wickenburg was not allowed to enroll until the district discovered there was "no legal basis" to deny him, according to the district's superintendent. 

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The second case is more common: A student in trouble for using a vape pen. 

Eric Schultz said his 13-year-old son's long-term suspension from a Legacy charter school for using a vape pen, and a subsequent denial from Dysart, thrust his family into a tailspin. He opposes the bill. 

"He made a really bad, boneheaded decision, but he was crucified for this," Schultz said. 

School hopping?  

Gray's original bill, which already passed the Arizona Senate, was not tied to school suspensions. But Gray said conversations with Dysart's Superintendent Quinn Kellis prompted him to propose what's known as a strike-everything amendment, which replaces one proposal with a completely different one.

Kellis testified in support of the bill during the House committee hearing. Changing the law, he said, would help protect children from potentially dangerous students. He specifically alluded to the sexual-abuse allegations. 

"The school-hopping practice to avoid consequence is a back door method to supersede open-enrollment procedures," he said. 

Dysart spokeswoman Renee Ryon said the district eventually extended an invitation to enroll to both students. The ACLU sent the district two letters, one for each case, claiming the district's actions were "inconsistent" with state and federal law.

In the Wickenburg case, the student was arrested and charged but the charges were later dismissed, Taracena said.

Blacklisted from school 

Schultz's son was caught using a vape pen in December, he said. The next month, school administrators handed down what's known as a long-term suspension for the rest of the school year. 

"We believe in making sure your children understand the consequences of their actions, but the discipline for this was excessive," Schultz said. 

Matthew Benson, a spokesman for Legacy Traditional Schools, said he could not comment on a specific student's situation because of privacy, but that the schools have strong policies in place to keep nicotine products off campus. 

Schultz said that after the suspension, his son was admitted into an advanced studies program in Dysart at Marley Park Elementary. But, after reviewing his disciplinary record at Legacy, district officials changed their mind, according to the ACLU's letter. 

State law allows schools to refuse students who have been expelled from another school or are in the process of being expelled. Statute does not outline whether schools can deny suspended students, but they do have the legal right to attend public school. 

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Schultz's son spent five weeks out of school before his parents found him a spot in a different district. The time caused "emotional distress" for his family.  

"(Dysart) pulled his record. They found he had a long-term suspension and they said, 'You're done, you can't come here,' " Schultz said. 

Pushed out of school? 

The 17-year-old student accused of sexual abuse was suspended for two years from his district in 2017, according to the ACLU letter. He maintains that he's innocent, the letter states. He tried to enroll at a Dysart school, but officials refused to enroll him. 

He enrolled at a school in Phoenix instead, more than an hour from his home. Dysart reversed its decision this year and invited him to enroll, according to Kellis' testimony. When asked by lawmakers whether that student had any disciplinary issues while at Dysart, Kellis said no, but that "it's only been a matter of a couple of weeks." 

Greg Broberg, a researcher with Arizona State University who studies school discipline, said this bill would limit education options for disciplined students and could push them into alternative schools, programs meant for so-called at-risk students. 

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Arizona has more than 100 alternative schools meant for students labeled "at-risk."

The schools are a separate system intended to serve Arizona's most vulnerable students but an Arizona Republic investigation into the schools found a system that has allowed poorly performing schools to avoid academic scrutiny.

"We keep whittling away at pathways for these kids who kind of get suspended," Broberg said. 

Gray said changes to the bill will help address criticism it has received. 

"There are obviously nuances that we need to have," he said. "I don't think anybody wants to just be able to kick kids out of school and say, 'OK, you're vaping, we're sick of it, and so you don't get back in.' "

Follow Lily Altavena on Twitter: @LilyAlta