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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 school district or charter school violations of the requirements to display the U.S. flag, U.S. Constitution and Bill of Rights. Imposes a civil penalty of up to $1,000 for a first offense that a school district or charter school fails to correct or a repeat offense.
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 alleging a violation by a school district; and
b) the ASBCS to establish a process for a person to file a complaint with ASBCS alleging a violation by a charter school.
2. Requires ADE or the ASBCS to determine whether a violation occurred.
3. Requires ADE or ASBCS, if a violation is determined to have occurred, to notify the following that the school district or charter school is in violation of the requirements:
a) for a school district, the school district superintendent and governing board; or
b) for a charter school, the charter school principal and governing body.
4. Requires a school district or charter school, for a first offense, to:
a) correct the violation within five days after receiving the violation notice; and
b) submit to ADE or the ASBCS, as applicable, evidence that the violation has been corrected.
5. Requires ADE or the ASBCS to notify the Attorney General if:
a) the school district or charter school fails to correct a first offense within five days; or
b) ADE or the ASBCS determine a school district or charter school has committed a repeat offense.
6. Requires the Attorney General to impose and collect a civil penalty of up to $1,000 for each violation that is:
a) a first offense that the school district or charter school failed to correct within five days after receiving the violation notice; or
b) a repeat offense.
7. Subjects ADE or ASBCS determinations relating to violations of the specified requirements to administrative appeal.
8. Defines first offense as the first violation during the school year of the statutory requirements to display the U.S. flag, U.S. Constitution and Bill of Rights.
9. Defines repeat offense as a second or subsequent violation during the school year of the statutory requirements to display the U.S. flag, U.S. Constitution and Bill of Rights to which both of the following apply:
a) the violation occurred in the same classroom or on or near the outside of the same school building as the earlier violation of the same requirement; and
b) the school district or charter school corrected the earlier violation.
10. Makes conforming changes
11. 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.
Amendments Adopted by Committee of the Whole
1. Requires ADE or the ASBCS to:
a. determine whether a school district or charter school violated the specified requirements; and
b. notify the school district or charter school if a violation occurred, rather than if a complaint is received.
2. Requires a school district or charter school to submit evidence to, rather than notify, ADE or ASBCS that a violation has been corrected.
3. Clarifies that a school district or charter school is subject to the civil penalty for a repeat offense, as defined, rather than if there is a subsequent complaint within the same school year of the same violation at the same school and classroom.
4. Subjects ADE or ASBCS determinations on whether a violation occurred to administrative appeal.
5. Defines first offense and repeat offense.
6. Makes technical and conforming changes.
Senate Action
ED 2/2/23 DPA 4-3-0
Prepared by Senate Research
February 3, 2023
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