HCR2042 - 542R

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to school employees, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

AN ACT

amending title 15, chapter 5, article 1, arizona revised statutes, by adding section 15‑505; amending section 41‑1005, arizona revised statutes; relating to school employees.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 15-505, to read:

START_STATUTE15-505. Classroom code of ethics and professional standards of behavior; state board of education; rules; exception; definitions

A. On or before February 1, 2021, the state board of education shall adopt rules to provide for a classroom code of ethics and professional standards of behavior. The state board shall notify each teacher and teaching assistant in each public school in this state who provides instruction or assistance to students in a kindergarten program or any of grades one through twelve about the rules.

B. The rules adopted pursuant to this section:

1. Shall be adopted by an affirmative vote of the state board of education.

2. Shall apply to all certificated teachers and teaching assistants at public schools.

3. Shall be clearly written and uniformly enforced.

4. Shall include enforcement mechanisms for appropriate professional and ethical behavior by teachers and teaching assistants.

5. Shall prohibit teachers and teaching assistants in public schools from engaging in political advocacy in their classrooms.

6. May not prohibit teachers and teaching assistants from engaging in classroom discussions regarding a factual historical matter.

7. Shall prohibit teachers and teaching assistants from engaging in any of the following during class time or while otherwise acting as a teacher or teaching assistant in a public school, unless the activity is conducted in the context of discussing a historical matter:

(a) Endorsing, supporting or opposing any candidate or nominee for public office or any elected or appointed official, regardless of whether that public office is under the jurisdiction of a local, a state or the federal government.

(b) Endorsing, supporting or opposing any pending, proposed or enacted legislation, rule or regulation, regardless of whether that legislation, rule or regulation is pending or proposed or has been enacted at the local, state or federal level.

(c) Endorsing, supporting or opposing any pending, proposed or decided court case or judicial action, regardless of whether that court case or judicial action is at the local, state or federal level.

(d) Endorsing, supporting or opposing any pending, proposed or executed executive action by an executive branch agency at the local, state or federal level.

(e) Introducing in the teacher's or teaching assistant's classroom any partisan political issue that is not germane to the topic of the course or academic subject being taught.

(f) Endorsing, supporting or engaging in any activity that hampers or impedes the lawful access of military or law enforcement recruiters to the campus of the public school.

(g) Endorsing, supporting or engaging in any activity that hampers or impedes the actions of local, state or federal law enforcement.

(h) Advocating for any side of a partisan political issue. To ensure that students have the resources to make independent decisions on a germane partisan political issue, a teacher or teaching assistant shall provide students with materials supporting both sides of the partisan political issue and present those views in a fair-minded and nonpartisan manner.

(i) Segregating students according to race or singling out one racial group of students in a classroom.

8. Shall provide for at least the following penalties, including progressive disciplinary action, for violations of the rules adopted pursuant to this section:

(a) For a first offense, a warning. The warning shall be documented in the employee's employment file for one year.

(b) For a second offense, a suspension of the employee's teaching certificate, if applicable, for not more than thirty days. The suspension shall be documented in the employment file of the employee for one year.

9. Shall require each teacher and teaching assistant to annually complete at least one hour of continuing education instruction regarding the responsibilities under the rules adopted pursuant to this section. The date of completion of the continuing education requirement pursuant to this paragraph shall be noted in the employee's employment file.

10. May provide formal guidance regarding any matter relating to implementing or interpreting this section. A teacher or teaching assistant who relies on guidance adopted pursuant to this paragraph is deemed to comply with the rules adopted pursuant to this section.

C. The state board of education shall notify all teachers, teaching assistants, parents and students of each group's rights and responsibilities under the rules adopted pursuant to this section.

D. The attorney general, the county attorney of the county in which the public school is located or any resident of the jurisdiction in which an alleged violation of this section occurs may initiate a lawsuit in the superior court of the county in which the public school is located for the purposes of enforcing this section.

E. A teacher or teaching assistant is not subject to this section if the teacher or teaching assistant is assisting or advising a student club or group whose membership is voluntary.

F. For the purposes of this section:

1. "Historical matter" means any information or opinion, including advocacy, offered by a teacher or teaching assistant regarding any of the following:

(a) Any elected or appointed official whose service ended at least fifty years ago or any candidate whose candidacy ended at least fifty years ago.

(b) Any legislation, rule or regulation that was enacted at least fifty years ago.

(d) Any political party that has been defunct for at least fifty years.

2. "Partisan political issue" means:

(a) A matter that is contested and that is not generally established as fact. A matter need not be accepted as fact by all persons to be deemed generally established as fact.

(b) An opinion of a teacher or teaching assistant that relates to political parties, political agendas, candidates for political office and elected officials.

3. "Public school" means a public school in this state that offers instruction to students in any combination of kindergarten programs and grades one through twelve. END_STATUTE

Sec. 2. Section 41-1005, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1005. Exemptions

A. This chapter does not apply to any:

1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.

2. Order or rule of the Arizona game and fish commission that does the following:

(a) Opens, closes or alters seasons or establishes bag or possession limits for wildlife.

(b) Establishes a fee pursuant to section 5‑321, 5‑322 or 5‑327.

3. Rule relating to section 28‑641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.

4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.

6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.

7. Rule or substantive policy statement concerning inmates or committed youths of a correctional or detention facility in secure custody or patients admitted to a hospital, if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.

8. Form whose contents or substantive requirements are prescribed by rule or statute, and instructions for the execution or use of the form.

9. Capped fee‑for‑service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.

10. Fees prescribed by section 6‑125.

11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.

12. Fees established under section 3‑1086.

13. Fees established under sections 41‑4010 and 41‑4042.

14. Rule or other matter relating to agency contracts.

15. Fees established under section 32‑2067 or 32‑2132.

16. Rules made pursuant to section 5‑111, subsection A.

17. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.

18. Fees or charges established under section 41‑511.05.

19. Emergency medical services protocols except as provided in section 36‑2205, subsection B.

20. Fee schedules established pursuant to section 36‑3409.

21. Procedures of the state transportation board as prescribed in section 28‑7048.

22. Rules made by the state department of corrections.

23. Fees prescribed pursuant to section 32‑1527.

24. Rules made by the department of economic security pursuant to section 46‑805.

25. Schedule of fees prescribed by section 23‑908.

26. Procedure that is established pursuant to title 23, chapter 6, article 6.

27. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title if the authority provides, as appropriate under the circumstances, for notice of an opportunity for comment on the proposed rules, administrative policies, procedures and guidelines.

28. Rules made by a marketing commission or marketing committee pursuant to section 3‑414.

29. Administration of public assistance program monies authorized for liabilities that are incurred for disasters declared pursuant to sections 26‑303 and 35‑192.

30. User charges, tolls, fares, rents, advertising and sponsorship charges, services charges or similar charges established pursuant to section 28‑7705.

31. Administration and implementation of the hospital assessment pursuant to section 36‑2901.08, except that the Arizona health care cost containment system administration must provide notice and an opportunity for public comment at least thirty days before establishing or implementing the administration of the assessment.

32. Rules made by the Arizona department of agriculture to adopt and implement the provisions of the federal milk ordinance as prescribed by section 3‑605.

33. Rules made by the Arizona department of agriculture to adopt, implement and administer the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111‑353; 21 United States Code sections 2201 through 2252) as provided by title 3, chapter 3, article 4.1.

34. Calculations performed by the department of economic security associated with the adjustment of the sliding fee scale and formula for determining child care assistance pursuant to section 46‑805.

35. Rule adopted pursuant to section 15-505.

B. Notwithstanding subsection A, paragraph 21 of this section, at such time as the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.

C. Coincident with the making of a final rule pursuant to an exemption from the applicability of this chapter under this section, another statute or session law, the agency shall:

1. Prepare a notice and follow formatting guidelines prescribed by the secretary of state.

2. Prepare the rulemaking exemption notices pursuant to chapter 6.2 of this title.

3. File a copy of the rule with the secretary of state for publication pursuant to section 41‑1012 and provide a copy to the council.

D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.

E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.

F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment. The state board of education shall consider the fiscal impact of any proposed rule pursuant to this subsection.

G. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board for charter schools, except that the board shall adopt policies or rules for the board and the charter schools sponsored by the board that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any policy or rule, the board shall provide at least two opportunities for public comment. The state board for charter schools shall consider the fiscal impact of any proposed rule pursuant to this subsection. END_STATUTE

Sec. 3. Short title

This act may be cited as the "Keep Partisan Politics Out of the Classroom Act".

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.