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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
school employees; pupils; electronic communications
Purpose
An emergency measure that outlines policies and procedures for electronic communication between school employees and pupils.
Background
Any certified person or governing board member who reasonably suspects or receives a reasonable allegation that a person certified by the State Board of Education (SBE) has engaged in misconduct involving minors, must report to the Arizona Department of Education (ADE) within three business days after the person first suspects or receives an allegation of the conduct. Any person engaging in such misconduct may be subject to criminal charges (A.R.S. § 15-514).
Any person may file a statement of allegations against a certificated individual. The statement of allegations must state the facts under which a person is alleging immoral or unprofessional conduct. After ADE investigates the allegations, the certified individual may be subject to and disciplined by SBE (A.A.C. R7-2-1308).
The Arizona School Board Association (ASBA) establishes school policies based on state and federal laws and prohibits school employees from engaging in a romantic or sexual relationship with students and using non-school-approved electronic communication (Arizona School Board Association).
A person is charged with aggravated luring of a minor if the person does both of the following: 1) Uses an electronic communication device to transmit at least one visual depiction that is harmful to a minor; or 2) uses an electronic communication device to offer or solicit sexual conduct with a minor (A.R.S. § 13-3560).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Policies and Procedures
1. Requires each school district governing board (governing board) and charter school governing body (governing body) to prescribe and enforce policies and procedures for school employees on the use of electronic communications between school employees and pupils who are enrolled at the school.
2. Requires the policies and procedures to include:
a) a list of approved school technology that employees and pupils may use to communicate;
b) provisions that clearly prohibit employees from using personal technologies, mobile technologies or social media to communicate with a pupil;
c) exceptions to the personal use policy regarding immediate family relationships, social relationships and chaperones, with written consent of the pupil's parent or legal guardian as outlined;
d) provisions designed to prevent improper electronic communication between employees and pupils;
e) factors for employees to consider when assessing improper electronic communication, including:
i. the nature, purpose, timing and frequency;
ii. the subject matter of the communication;
iii. whether the communication could be reasonably interpreted as soliciting sexual contact or romance;
iv. whether the communication is sexually explicit content; and
v. whether the communication involves discussion of physical attractiveness or sexual history, activities, preferences or fantasies;
f) specific guidance on the proper notification method when a pupil indicates in an electronic communication that they are a threat to themselves or others;
g) specific guidance on the proper notification method when a pupil engages in improper electronic communication with an employee;
h) an administrative process for a pupil, parent or guardian to file a complaint against an employee who violates the electronic communication policies and procedures; and
i) disciplinary actions for policy and procedure violations.
3. Requires, at the beginning of the school year, the electronic communication policies and procedures to be distributed to all governing board or governing body members and school employees, including all newly hired school employees.
4. Requires each school district and charter school to:
a) include the electronic communication policies and procedures in the district or charter school's student handbook, if applicable; and
b) provide an annual written or electronic copy, at the time of the pupil's enrollment, of the policies and procedures to each parent or guardian.
5. Requires SBE to develop and post on their website a parental resource guide with information on filing a complaint against an employee, if the parent or guardian believes the employee violated the electronic communication policies and procedures.
Employees
7. Restricts, to the purposes of academic or extracurricular activities, electronic communication between a pupil enrolled at the school and a school employee, substitute teacher or volunteer serving in the capacity of a school employee.
8. Allows electronic communication between a pupil and:
a) a volunteer with a parent-teacher organization or a school council;
b) a pupil's immediate family member;
c) a person, with written consent from the pupil's parent or guardian, who has a social relationship with the pupil; and
d) a chaperone, with written consent from the pupil's parent or guardian, who volunteers on a field trip or other extracurricular activity.
Miscellaneous
9. Defines electronic communication as:
a) any communication facilitated by using any electronic device, including a telephone, cellular phone, computer, computer network, personal digital assistant or pager; and
b) including emails, text messages, instant messages and any communication made through a website, including a social media website or a social networking website.
10. Defines personal technologies as any technologies that are not owned or controlled by a school district or charter school.
11. Defines school technology as any technology that is owned or controlled and approved by a school district or charter school.
12. Defines social relationship as a relationship between a school employee and a pupil in which:
a) the pupil is a relative outside of the school employee's immediate family;
b) the pupil is the child of the school employee's friend;
c) the pupil is the friend of the school employee's child; or
d) the pupil and the school employee participate in the same civic, social, recreational or religious organization.
13. Defines technology as computers, notebooks, the internet, telephones, cellular telephones, personal digital assistants, pagers, MP3 players, universal serial bus drives, wireless access points, or any other wireless communication device.
14. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
February 7, 2020
JO/MB/gs