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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
schools; flags; display; civil penalty
Purpose
Requires the Arizona Department of Education (ADE) and the Arizona State Board for Charter Schools (ASBCS) to each establish a complaint process for a school district or charter school that violates the statutory requirements to display the U.S. flag, U.S. Constitution and Bill of Rights. Imposes a civil penalty of up to $1,000 per violation on a school district or charter school that fails to correct a violation or receives a subsequent complaint for the same violation.
Background
Statute requires a school district or charter school to: 1) display a U.S. flag in each classroom and on or near the outside of a school building during school hours and any other time as directed by school authorities; 2) place a legible copy of the U.S. Constitution and Bill of Rights adjacent to each 7th through 12th grade classroom’s U.S. flag; 3) set aside a specific time each day for students who wish to recite the pledge of allegiance to the U.S. flag; and 4) set aside between one and two minutes at the beginning of each school day for a moment of silence. A displayed U.S. flag must be at least two feet by three feet and manufactured in the United States. Private schools, parochial schools and homeschools are exempt from these requirements (A.R.S. § 15-506).
Federal law prescribes requirements for the size, design and display of the U.S. flag, including time, occasion and position for display (4 U.S.C. §§ 1-10).
Except as otherwise outlined, monies received for and belonging to the state are deposited in the state treasury and credited to the state General Fund (A.R.S. § 35-142). If the civil penalty for unremedied or subsequent violations results in an increase to civil penalty revenues collected by the Attorney General, there may be fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs, for violations of statutory requirements to display the U.S. flag, U.S. Constitution and Bill of Rights:
a) ADE to establish a process for a person to file a complaint with ADE against a school district; and
b) the ASBCS to establish a process for a person to file a complaint with ASBCS against a charter school.
2. Requires, after receiving a complaint against a school:
a) ADE to notify the school district superintendent and school district governing board; or
b) the ASBCS to notify the charter school principal and charter school governing body.
3. Requires a school district or charter school that receives a complaint to correct the violation within five days of notification and to notify ADE or the ASBCS, as applicable, of the correction.
4. Subjects, to a civil penalty of up to $1,000 per violation, a school district or charter school that:
a) fails to correct a violation within five days of being notified; or
b) corrects a violation and receives a subsequent complaint within the same school year for the same violation at the same school and in the same classroom or, if applicable, outside the same building.
5. Requires ADE or the ASBCS to notify the Attorney General of a school district or charter school that is subject to the civil penalty as outlined.
6. Requires the Attorney General to impose and collect the civil penalties.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Narrows the scope of the civil penalty to a violation of the requirements to display the U.S. flag, U.S. Constitution and Bill of Rights and only if:
a) the violation is not corrected within five days of notification; or
b) the school receives a subsequent complaint for the same violation.
2. Directs ADE and the ASBCS to establish a complaint process for display-requirement violations.
3. Prescribes complaint notification requirements.
4. Makes conforming changes.
Senate Action
ED 2/2/23 DPA 4-3-0
Prepared by Senate Research
February 3, 2023
LB/slp