Assigned to ED AS
PASSED BY COMMITTEE
Assigned to ED AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
pupils; concussions; parental notification
Purpose
Requires parental notification if any person engages in threatening, harassing or intimidating conduct against a pupil or if a pupil is suspected of sustaining a concussion.
Background
School district governing boards are charged with prescribing and enforcing policies and procedure for the health and safety of students participating in interscholastic athletic activities, including practices and games. Current guidelines are required to include the provision of water and procedures for concussions and head injuries, including the requirement that a pupil and the pupil's parent sign a form at least once each school year that the parent is aware of the nature and risk of concussion. Pupils suspected of sustaining a concussion must immediately be removed from the athletic activity (A.R.S. § 15-341).
School district governing boards are charged with prescribing and enforcing policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils on school grounds, property, buses, bus stops, at school-sponsored events and activities, and by using electronic technology or communication on school computers, networks, forums and mailing lists. The harassment, intimidation and bullying policies must include: 1) procedures for confidential reporting; 2) a requirement that school district employees report suspected incidents; 3) a requirement that school officials annually provide pupils with a written copy of the rights, protections and available support services for alleged victims; 4) a requirement that an alleged victim of a reporting incident be provided a written copy of the rights, protections and available support services; 5) a formal documentation process of reported incidents; 6) a formal investigation process that includes notifying the alleged victim on completion and disposition of the investigation; 7) disciplinary procedures; 8) consequences for submitting false reports; 9) procedures to protect the health and safety of pupils physically harmed; and 10) definitions of harassment, intimidation and bullying (A.R.S. § 15-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Parental Notification of Threatening, Harassing or Intimidating Conduct
1. Requires charter school governing bodies and school district governing boards to prescribe policies to notify a pupil's parent or guardian if any person engages in threatening, harassing or intimidating conduct against that pupil.
2. Grants immunity from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirement, except in cases of gross negligence or wanton or willful neglect to:
a) a charter school, its officials and employees; and
b) a school district, its officials and employees.
3. Specifies what constitutes threatening, intimidating and harassment.
4. Requires school district procedures to include parental notification when a school official or employee becomes aware of the suspected incident of harassment, intimidation or bullying and removes the requirement that the notification to the alleged victim be on completion and disposition of the investigation.
Parental Notification of Suspected Concussion
5. Requires school district governing board policies and procedures to include requiring a pupil's parent or guardian be notified if the pupil is suspected of sustaining a concussion in a district‑sponsored practice session, game or other interscholastic athletic activity.
Miscellaneous
6. Makes technical changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
2. Grants immunity from civil liability to school districts, charter schools and their officials and employees with respect to the good faith implementation of the requirements.
3. Specifies what constitutes threatening, intimidating and harassing.
House Action Senate Action
ED 1/18/18 DP 10-0-0-1 ED 3/22/18 DPA 7-0-0
3rd Read 2/08/18 57-1-1-0-1
Prepared by Senate Research
March 27, 2018
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