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REFERENCE TITLE: schools; partisan instruction prohibited |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2203 |
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Introduced by Representatives Finchem, Borrelli, Townsend, Senator Burges: Representatives Barton, Cobb, Kern, Lawrence, Livingston, Mitchell
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AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15‑117; relating to unprofessional conduct in schools.
(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 15-117, to read:
15-117. Partisan instruction prohibited; unprofessional conduct; certificate revocation; withholding of state aid; expenses
A. A teacher in any school district or charter school is guilty of unprofessional conduct and the school district or charter school shall revoke the teacher's certificate if the teacher does any of the following:
1. During classroom instruction or extracurricular school activities, promotes any partisan doctrine, advocates for or against any political party or conducts any partisan exercise in school.
2. During classroom instruction or extracurricular school activities, encourages, entices or otherwise indoctrinates pupils to promote or adopt, or both, the teacher's partisan or political viewpoints.
3. Puts on public display a pupil's support for the teacher's political position in order to promote the teacher's position.
B. The school principal shall investigate any complaint received by the school for a violation of subsection A of this section before taking any action to discipline the teacher mentioned in the complaint.
C. An administrator in a school district or charter school who does not actively prevent or cease a teacher's political or partisan activity in the classroom in a timely manner is guilty of unprofessional conduct, and the administrator's certificate shall be revoked.
D. If it is determined that a school district superintendent, a school district governing board or a charter school governing body knew or should have known about a teacher's violation of subsection A of this section and knowingly ignored it, the school district or charter school is subject to subsection F of this section.
E. If the state board of education or the superintendent of public instruction determines that a school district or charter school has not prevented or ceased a violation of subsection A of this section, the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A of this section.
F. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to prevent or cease a violation of subsection A of this section within sixty days after a notice has been issued pursuant to subsection E of this section, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten percent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district's or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.
G. The department of education shall pay for all expenses of a hearing conducted pursuant to this section.