HB2819 - 552R

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

Section 1. Section 15-110, Arizona Revised Statutes, is amended to read:

START_STATUTE15-110. Rights of students at public educational institutions; policies; limitations; definitions

A. A public educational institution shall not discriminate against students, or parents or any other person on the basis of religion, including a religious viewpoint, or religious expression or belief.

B. each public educational institution shall adopt policies to prohibit students and employees of the public educational institution from discriminating against students, parents or employees of the public educational institution on the basis of religion. A public educational institution shall treat discrimination by a student or employee or resulting from an institutional policy that is motivated by anti-Semitism in an identical manner to discrimination that is motivated by race.

B. C. If an assignment requires a student's viewpoint to be expressed in coursework, artwork or other written or oral assignments, a public educational institution shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment.

C. D. Students in public educational institutions may pray or engage in religious activities or religious expression before, during and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression.

D. E. Students in public educational institutions may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted allowed.

E. F. This section shall does not be construed to authorize this state or any of its political subdivisions to do either of the following:

1. Require any person to participate in prayer or in any other religious activity.

2. Violate the constitutional rights of any person.

F. G. This section shall does not be construed to limit the authority of any public educational institution to do any of the following:

1. Maintain order and discipline on the campus of the public educational institution in a content and viewpoint neutral manner.

2. Protect the safety of students, employees and visitors of the public educational institution.

3. Adopt and enforce policies and procedures regarding student speech at the school provided that if the policies and procedures do not violate the rights of students as guaranteed by the United States and Arizona constitutions and laws.

4. Adopt and enforce policies and procedures that prohibit students from wearing any type of clothing, accessories and jewelry that is worn with the intent to convey affiliation with a criminal street gang as defined in section 13-105.

G. H. A student or a student's parent shall not initiate legal action to enforce this section unless the student or the student's parent has done the following:

1. The student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation to the principal of the school. The principal shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within fifteen days of after receiving the written complaint.

2. If the action taken by the principal of the school does not resolve the complaint of the student or the student's parent, the student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation to the superintendent or designated administrator. The superintendent or designated administrator shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within twenty-five days of after receiving the written complaint.

3. If the action taken by the superintendent or designated administrator does not resolve the complaint of the student or the student's parent, the student or the student's parent may pursue legal action to enforce this section.

H. I. For the purposes of this section: ,

1. "anti-Semitism" includes a certain perception of Israel or the Jewish people, which may be expressed as hatred toward Jewish people, and rhetorical and physical manifestations of anti-Semitism directed toward Israel, a person, a person's property or Jewish community institutions or religious facilities, including any of the following:

(a) Calling for, aiding or justifying the killing or harming of Jewish people, often in the name of a radical ideology or an extremist view of religion.

(b) Accusing Jewish people or Israel of inventing or exaggerating the Holocaust.

(c) Accusing Jewish people of being more loyal to Israel, or the alleged priorities of Jewish people worldwide, than to the interest of their own nations.

(d) Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel.

(e) Delegitimizing Israel by denying the Jewish people their right to self-determination and denying Israel the right to exist.

2. "Public educational institution" means any of the following:

1. (a) A school district, including its schools.

2. (b) A charter school.

3. (c) An accommodation school.

4. (d) The Arizona state schools for the deaf and the blind. END_STATUTE

Sec. 2. Section 15-1862, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1862. Rights of students at universities and community colleges; policies; definition

A. A university or community college shall not discriminate against a student or any other person on the basis of the student's or person's religion, including the student's or person's religious viewpoint, expression or belief.

B. A university or community college shall not adopt any policy that penalizes or punishes a student based on the student's religious viewpoint, expression or beliefs.

C. each university and community college shall adopt policies to prohibit students and employees of the university or community college from discriminating against students on the basis of religion. A university or community college shall treat discrimination by a student or employee or resulting from an institutional policy that is motivated by anti-Semitism in an identical manner to discrimination that is motivated by race.

C. D. If an assignment or classroom discussion requests a student's viewpoint in coursework, artwork or other written or oral assignments, a university or community college shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards such as grammar, style, analysis and adherence to the instructions for the assignment.

D. E. A university or community college shall not withhold any certificate or degree on the basis of a student's religious viewpoint or religious expression.

E. F. A university or community college shall not discipline or discriminate against a student in a counseling, social work or psychology program because the student refuses to counsel a client about goals that conflict with the student's sincerely held religious belief if the student consults with the supervising instructor or professor to determine the proper course of action to avoid harm to the client.

G. For the purposes of this section, "anti-Semitism" includes a certain perception of Israel or the Jewish people, which may be expressed as hatred toward Jewish people, and rhetorical and physical manifestations of anti-Semitism directed toward Israel, a person, a person's property or Jewish community institutions or religious facilities, including any of the following:

1. Calling for, aiding or justifying the killing or harming of Jewish people, often in the name of a radical ideology or an extremist view of religion.

2. Accusing Jewish people or Israel of inventing or exaggerating the Holocaust.

3. Accusing Jewish people of being more loyal to Israel, or the alleged priorities of Jewish people worldwide, than to the interest of their own nations.

4. Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel.

5. Delegitimizing Israel by denying the Jewish people their right to self-determination and denying Israel the right to exist. END_STATUTE