House Engrossed

State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014

HOUSE BILL 2316

 

AN ACT

 

amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-105; relating to local education control and student privacy.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-105, to read:

START_STATUTE15-105.  Protection of local education control and student privacy rights

Notwithstanding any other law:

1.  The state board of education, the superintendent of public instruction and the department of education shall not adopt any educational standards, curricula or instructional approaches that may be mandated by the federal government.

2.  The department of education shall not apply for any federal grant that requires, as a condition of application, the adoption of any federally developed educational standards, curricula or instructional approaches.   

3.  Consistent with the laws of this state, the department of education may provide guidance and technical assistance to schools, but may not require the adoption of specific curricula or instructional approaches.

4.  Any changes to the state academic standards must be done through a transparent public rulemaking process that allows the people of this state ample time and opportunity to review proposed changes and provide feedback.  The state board of education shall ensure that any proposed changes to the state academic standards are posted for public review and comment on its website at least sixty days before any public meeting at which the state board considers proposed changes.  Any public comments received by the state board during the sixty-day period shall be posted on its website before any public meeting at which the state board considers proposed changes. 

5.  School districts, charter schools, the state board of education, the department of education and the superintendent of public instruction must collect student data in a manner consistent with state and federal laws that are designed to protect student privacy.  Personally identifiable information shall not be collected, tracked, stored, reported or shared with the federal government or provided to private vendors for the purpose of marketing or business development with respect to a student's or the student's family's:

(a)  Religion.

(b)  Political party affiliation.

(c)  Psychometric information.

(d)  biometric information.

(e)  Voting history.

6.  Any standardized test that is administered in any public preschool, elementary school, middle school, junior high school or high school in this state shall not include subject matter in its questions or problems that is contrary to the laws of this state or that is contrary to generally accepted moral, civic and ethical values. END_STATUTE

Sec. 2.  Intent

The legislature finds and declares that:

1.  In this state, the ultimate goal with respect to its schools is that the schools will enable students to gain the knowledge necessary for postsecondary education, careers, citizenship and the military.

2.  Rigorous state standards that detail expected learning outcomes for students are essential if this state is to meet the goal prescribed in paragraph 1 of this section.

3.  The adoption of state standards for learning outcomes should be done in an open, transparent way that includes ample opportunity for public review and comment.

4.  The federal government has no constitutional authority to set learning standards in this state or to determine how the children of this state or any other state will be educated.

5.  The constitution of the state of Arizona specifically states that "the general conduct and supervision of the public school system shall be vested in a state board of education, a state superintendent of public instruction, county school superintendents, and such governing boards for the state institutions as may be provided by law".

6.  It is therefore the right of local governing boards to develop or adopt, or both, curricula and instructional approaches that are consistent with the state learning standards.

7.  The protection of student and family privacy is a fundamental right of all people in this state.