ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2119: school safety; reporting |
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PRIME SPONSOR: Representative Barto, LD 15 BILL STATUS: Senate Engrossed |
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Directs the governing body of a school
district or charter school to prescribe and enforce policies and procedures for
reporting suspected crimes and threatening conduct and notifying the parents of
students involved.
History
A school district governing board is required to report to local law enforcement agencies any suspected crime that is a serious offense or involves a deadly weapon, dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone else on school property. Additionally, a school district governing board is required to prescribe and enforce policies and procedures for disciplinary action against a teacher or administrator who violates the policies of the governing board, but that is not cause for dismissal or revocation of their certificate. Disciplinary action may include suspension with or without pay for no longer than 10 school days. The procedures must include notice, hearing and appeal provisions (A.R.S. § 15-341).
A school district is required to make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations that may be relevant to a person's fitness for employment. A school district governing board must adopt procedures for conducting background investigations. Information obtained about an employee or applicant for employment in the performance of a background investigation may be retained and provided to any school district or other public school performing a background investigation (A.R.S. § 15-512).
Provisions
1. Requires each school district and charter school to prescribe and enforce policies and procedures for:
a. Reporting to the sheriff or local law enforcement any:
i. Suspected crime that is a serious offense or involves a deadly weapon, dangerous instrument or serious physical injury; and
ii. Conduct that poses a threat of death or serious physical injury to an employee, student or other person on school property; and
b. Notifying the parent or guardian of each student involved. (Sec. 1)
2. Requires each school district or charter school to:
a. Post the policies and procedures on their website by January 1, 2020; and
b. Address a violation of the policies and procedures within 30 days. (Sec. 1)
4. Stipulates that if a school district or charter school fails to comply within 60 days after a notice has been issued, the SBE or SPI may direct the Arizona Department of Education (ADE) to withhold up to 10% of their monthly apportionment of state aid. (Sec. 1)
5. Requires ADE to adjust a school district's or charter school's apportionment accordingly. (Sec. 1)
6. Requires ADE to restore the full amount of state aid payments when the SBE or SPI determines that the school district or charter school is in compliance. (Sec. 1)
7. Allows a person who fails to report a suspected crime or threatening conduct to be disciplined in the same manner as a person who violates the policies of a school district or charter school.
a. Specifies that the person may be subject to dismissal. (Sec. 1)
8. Requires each school district and charter school to:
a. Maintain a record of any person that is disciplined; and
b. Make that record available to any public school, school district or charter school that intends to hire that person. (Sec. 1)
9. Allows records indicating that a current or former employee was disciplined for violating policies of a school district to be retained and provided to any school district or other public school performing a background investigation. (Sec. 2)
10. Makes technical and conforming changes. (Sec. 2)
Senate Amendments
1. Requires the reporting policies to dictate a process for employees to document and report the conduct, including specifying the employees responsible for making a report to the local law enforcement agency.
2. Requires conduct considered to be bullying, harassment or intimidation to be addressed according to school district governing board policies regarding bullying, harassment or intimidation.
3. Removes the requirement for a school district or charter school to address a violation of the reporting and notification policies and procedures within 30 days.
4. Removes the requirement for the SBE or SPI to notify a school district or charter school of a violation for failing to post the policies and procedures on its website by January 1, 2020.
5. Removes language allowing ADE to withhold up to 10% of a school district's or charter school's monthly apportionment of state aid for failing to address a violation of the online posting requirements or the reporting and notification policies and procedures within the specified time period.
6. Requires ADE to develop a process, by July 1, 2020, to verify that each school district and charter school has adopted the policies and procedures.
7. Specifies that a school district or charter school that has not adopted the policies and procedures is not eligible for School Safety Program grants beginning January 21, 2020.
8. Subjects the parental or guardian notification policies and procedures to the requirements of federal law.
9. Allows a school district or charter school that maintains an online manual of policies and procedures to post a link to the manual with a reference to the reporting and notification policies and procedures.
10. Makes technical and conforming changes.
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14. Fifty-fourth Legislature HB 2119
15. First Regular Session Version 4: Senate Engrossed
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