 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
school safety; reporting
Purpose
Directs each school district governing board (district governing board) and charter school governing body (charter governing body) to develop policies and procedures for reporting suspected crimes or threatening conduct and establishes notification requirements. Requires school employee disciplinary records indicating a violation of these policies to be maintained and made available upon request.
Background
A district governing board must report to local law enforcement agencies any suspected crime against a person or property that is a serious offense, involves a deadly weapon or dangerous instrument or serious physical injury, and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on school property (A.R.S. § 15-341).
A serious offense includes first and second-degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, sexual assault or any dangerous crime against children (A.R.S. § 13-706).
A teacher or an administrator who violates district governing board policies is subject to disciplinary action by the district governing board. Disciplinary action can include suspension of a teacher or administrator without pay for a period of no longer than 10 school days but does not include dismissal or certificate revocation. District governing board disciplinary procedures include notice, hearing and appeal requirements for violations (A.R.S. § 15-341).
A school district must make documented, good faith efforts to contact the previous employers of a person applying for employment with a school district to obtain information and recommendations that could be relevant to a person's employment. The district governing board must adopt procedures for conducting background investigations including forms for school district officials to document their efforts. Information obtained about an employee or applicant can be retained and provided to any school district or other public school performing a background investigation (A.R.S. § 15-512).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs each district governing board and charter governing body to prescribe and enforce policies and procedures for school personnel to report to the sheriff or the local law enforcement agency:
a) any suspected crime that is a serious offense, involves a deadly weapon, dangerous instrument or serious physical injury; and
b) any conduct posing a threat of death or serious physical injury to an employee, student or other person on school property.
2. Directs each district governing board and charter governing body to prescribe and enforce policies and procedures for a school district or charter school to notify a parent or guardian of each student involved in a suspected crime or the outlined conduct.
3. Requires each school district or charter school to post to its website the policies and procedures for reporting suspected crime and conduct by January 1, 2020.
4. Requires the State Board of Education (SBE) or the Superintendent of Public Instruction (SPI) to notify a school district or charter school that it is violating reporting, notification and posting requirements.
5. Requires a school district or charter school to address a violation within:
a) 60 days after a notice has been issued from the SBE or the SPI for violating posting requirements; or
b) 30 days after a notice has been issued from the SBE or the SPI for violating reporting and notification requirements.
6. Allows the SBE or the SPI, after determining that a school district or charter school fails to comply after a notice has been issued, to direct the Arizona Department of Education (ADE) to withhold up to 10 percent of the school district's or charter school's monthly apportionment of state aid.
7. Requires ADE, upon the SBE's or the SPI's direction to withhold state aid, to:
a) adjust a school district's or charter school's apportionment accordingly; and
b) restore the full amount of state aid payments when the SBE or the SPI determines a school district or charter school is compliant.
8. Subjects a person, who violates reporting requirements prescribed by the district governing board or charter governing body, to possible disciplinary action and dismissal.
9. Requires each district governing board and charter governing body to prescribe and enforce policies and procedures to:
a) maintain a record of any person who is disciplined; and
b) make the record available, upon request, to any public school, district governing board or charter governing body that intends to hire the person.
10. Allows records indicating a current or former employee of a school or school district was disciplined for violating the district governing board reporting policies to be retained and provided to any school district or other public school that is performing a background investigation.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Establishes a 30-day period, rather than a 60-day period, for a school district or charter school to correct reporting or parental notification violations after receiving notification from the SBE or the SPI.
2. Makes technical and conforming changes.
House Action Senate Action
ED W/D ED 3/12/19 DPA 5-3-0
PS 2/20/19 DP 6-1-0-0
3rd Read 3/4/19 31-27-2
Prepared by Senate Research
March 13, 2019
JO/gs