 |
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:
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. Requires the policies to dictate a process for employees to document and report the conduct, including specifying the employees responsible for reporting to the local law enforcement agency.
3. Specifies conduct that is bullying, harassment or intimidation must be addressed according to school district and charter governing body policies prohibiting bullying, harassment or intimidation.
4. 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 any outlined conduct, subject to the requirements of federal law.
5. 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.
6. Allows a school district or charter school to post a link to an existing online manual of policies and procedures.
7. Directs the Arizona Department of Education (ADE), by July 1, 2020, to develop a verification process to determine whether each school district and charter school has adopted the required policies and procedures.
8. Deems a school district or charter school, beginning January 21, 2020, ineligible to apply for school safety program grants if a school district or charter school has not adopted the required policies and procedures.
9. Subjects a person, who violates reporting requirements prescribed by the district governing board or charter governing body, to possible disciplinary action and dismissal.
10. 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 is considering hiring the person.
11. 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.
12. Makes technical and conforming changes.
13. 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.
Amendments Adopted by Committee of the Whole
1. Requires school district and charter school policies to dictate a process for documenting and reporting any conduct posing a threat of death or physical injury, including specifying employees who are responsible for making a report to law enforcement agencies.
2. Specifies that conduct that is considered bullying, harassment or intimidation must be addressed according to school district and charter governing body policies specific to bullying, harassment or intimidation.
3. Removes notification requirements for school districts and charter schools in violation of reporting, notification or posting requirements and the withholding of state aid for failure to cure violations in the specified time-period.
4. Requires ADE, by July 1, 2020, to develop a verification process to determine whether each school district and charter school has adopted the required policies.
5. Deems a school district or charter school, beginning January 21, 2020, ineligible to apply for school safety program grants if a school district or charter school has not adopted the required policies and procedures.
6. Subjects parental and guardian notification procedures to the requirements of federal law.
7. Allows a school district or charter school to post a link to an online policies and procedures manual.
House Action Senate Action
ED 2/14/19 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
April 24, 2019
JO/gs