State SealARIZONA HOUSE OF REPRESENTATIVES

                                                                                                       

HB 2119: school safety; reporting

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: Transmitted to Governor

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects 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 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, subject to the requirements of federal law. (Sec. 1)

2.       Requires the 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. (Sec. 1)

3.       Requires conduct considered to be bullying, harassment or intimidation to be addressed according to school district governing board policies regarding bullying, harassment or intimidation. (Sec. 1)

4.       Requires each school district or charter school to post the policies and procedures on its website by January 1, 2020. (Sec. 1)

5.       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. (Sec. 1)

6.       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)

7.       Requires each school district and charter school to:

a.       Maintain a record of any person who is disciplined; and

b.       Make that record available to any public school, school district or charter school that is considering hiring that person. (Sec. 1)

8.       Requires the Arizona Department of Education (ADE) to develop a process, by July 1, 2020, to verify that school districts and charter schools have adopted the policies and procedures. (Sec. 1)

9.       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. (Sec. 1)

10.   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)

11.   Makes technical and conforming changes. (Sec. 2)

12.    

13.    

14.   ---------- DOCUMENT FOOTER ---------

15.   Fifty-fourth Legislature                       HB 2119

16.   First Regular Session                            Version 5: Transmitted

17.    

18.   ---------- DOCUMENT FOOTER ---------