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REFERENCE TITLE: education; prohibited courses and activities |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2120 |
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Introduced by Representatives Thorpe: Finchem
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AN ACT
amending section 15‑112, Arizona Revised Statutes; amending title 15, chapter 14, article 9, Arizona Revised Statutes, by adding section 15‑1892; relating to curricula.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-112, Arizona Revised Statutes, is amended to read:
15-112. Prohibited courses, classes, events and activities; enforcement; exceptions
A. A school district or charter school in this state shall not include in its program of instruction any courses, or classes, events or activities that include do any of the following:
1. Promote the overthrow of the United States government.
2. Promote division, resentment or social justice toward a race, gender, religion, political affiliation, social class or other class of people.
3. Are designed primarily for pupils of a particular ethnic group.
4. Advocate ethnic solidarity or isolation based on ethnicity, race, religion, gender or social class instead of the treatment of pupils as individuals.
5. Violate state or federal civil rights laws.
6. Negatively target specific nationalities or countries.
B. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in 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. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A of this section within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent 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 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 subsection A of this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.
C. The department of education shall pay for all expenses of a hearing conducted pursuant to this section.
D. Actions taken under this section are subject to appeal pursuant to title 41, chapter 6, article 10.
E. This section shall does not be construed to restrict or prohibit:
1. Courses, or classes, events or activities for Native American pupils that are required to comply with federal law.
2. The grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.
3. Courses, or classes, events or activities that include the accurate history of any ethnic group and that are open to all students, unless the course, or class, event or activity violates subsection A of this section.
4. Courses, or classes, events or activities that include the discussion of controversial aspects of history acutely.
F. Nothing in This section shall be construed to does not restrict or prohibit the instruction of the holocaust, any other instance of genocide, or the historical oppression of a particular group of people based on ethnicity, race, or class.
Sec. 2. Title 15, chapter 14, article 9, Arizona Revised Statutes, is amended by adding section 15-1892, to read:
15-1892. Prohibited courses, classes, events and activities; enforcement; exceptions
A. A university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district shall not include in its program of instruction any courses, classes, events or activities that do any of the following:
1. Promote the overthrow of the United States government.
2. Promote division, resentment or social justice toward a race, gender, religion, political affiliation, social class or other class of people.
3. Are designed primarily for students of a particular ethnic group.
4. Advocate solidarity or isolation based on ethnicity, race, religion, gender or social class instead of the treatment of students as individuals.
5. Violate state or federal civil rights laws.
6. Negatively target specific nationalities or countries.
B. If the attorney general determines that a university or community college is in violation of subsection A of this section, the attorney general shall notify the university or community college that it is in violation of subsection A of this section. If the attorney general determines that the university or community college has failed to comply with subsection A of this section within sixty days after a notice has been issued pursuant to this subsection, the attorney general may direct the state treasurer to withhold up to ten percent of the state monies that would otherwise be due the university or community college district. When the attorney general determines that the university or community college is in compliance with subsection A of this section, the state treasurer shall restore the full amount of state funding to the university or community college district.
C. This section does not restrict or prohibit:
1. Courses, classes, events or activities for Native American students that are required to comply with federal law.
2. The grouping of students according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.
3. Courses, classes, events or activities that include the accurate history of any ethnic group and that are open to all students, unless the course, class, event or activity violates subsection A of this section.
4. Courses, classes, events or activities that include the discussion of controversial aspects of history acutely.
D. This section does not restrict or prohibit the instruction of the holocaust, any other instance of genocide, or the historical oppression of a particular group of people based on ethnicity, race or class.
Sec. 3. Intent
It is the intent of the legislature that Arizona shall not educate nor judge an individual based upon their religion, political affiliation, social class, gender, ethnicity, race or by the color of their skin, but by the content of their character.