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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
race; ethnicity; prohibited instruction.
Purpose
Background
The State Board of Education (SBE) prescribes minimum course of study and academic standards required for the promotion and high school graduation of public school students. A school district governing board must: 1) prescribe curricula according to the minimum course of study and academic standards prescribed by SBE; 2) approve courses of study, units recommended for credit, basic textbooks and supplemental materials; and 3) exclude from schools all materials of a sectarian, partisan or denominational character. Textbooks must be available for a 60-day public review period and committee meetings for textbook review and selection must be open to the public (A.R.S. §§ 15-341; 15-701; 15-701.01; 15-721; and 15-722).
A school
district or charter school may not include in its program of instruction any
courses or classes that: 1) promote the overthrow of the U.S. government; 2)
promote resentment toward a race or class of people; 3) are designed primarily
for pupils of a particular ethnic group; or
4) advocate ethnic solidarity instead of the treatment of pupils as
individuals. If the SBE or Superintendent of Public Instruction (SPI)
determines a school district or charter school is in violation and fails to
comply within 60 days after notice, the SBE or SPI may direct the Arizona
Department of Education to withhold up to 10 percent of its monthly state aid
until the school district or charter school complies (A.R.S.
§ 15-112). In 2017, the U.S. District Court of Arizona held that A.R.S. §
15-112 violated the First Amendment and Fourteenth Amendment of the U.S.
Constitution (Gonzalez v. Douglas, 269 F. Supp. 3d 948 (D. Ariz. 2017)).
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
Prohibited Instruction
1. Prohibits a public school, school district or state agency, or an employee of a public school, school district or state agency, from providing or allowing any person to provide instruction to students or employees that promotes or advocates for any of the following concepts:
a) judging an individual on the basis of the individual's race or ethnicity;
b) that one race or ethnic group is inherently morally or intellectually superior to another race or ethnic group;
c) that an individual, by virtue of the individual's race or ethnicity, is inherently racist or oppressive, whether consciously or unconsciously;
d) that an individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual's race or ethnicity;
e) that an individual's moral character is determined by the individual's race or ethnicity;
f) that an individual, by virtue of the individual's race or ethnicity, bears responsibility or blame for actions committed by other members of the same race or ethnic group; and
g) that academic achievement, meritocracy or traits such as a hard work ethic are racist or were created by members of a particular race or ethnic group to oppress members of another race or ethnic group.
2. Specifies that the prohibition does not prevent an employee of a public school, school district or state agency from identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including slavery, Indian removal, the Holocaust or Japanese-American internment.
3. Defines employee as an employee of a public school, school district or state agency who is acting in the course of the employee's official duties.
4. Defines instruction to include:
a) educational activities;
b) training; and
c) instruction that is part of a teacher preparation program, continuing education or professional development.
5. Defines state agency as a state agency that is involved with students or teachers of preschool or kindergarten programs or any of grades 1 through 12.
Internal Complaint Process
6. Allows an employee, student or parent of a student of a public school, school district or state agency who receives instruction that allegedly violates the prohibition to file a complaint with an appropriate administrator designated by the public school, school district or state agency.
7. Identifies, as designated administrators:
a) the school district superintendent for a school district or school operated by a school district; and
b) the charter school operator for a charter school.
8. Directs the designated administrator to determine in writing whether the violation occurred and, if a violation occurred, act to resolve the complaint within 60 days after receiving the complaint.
9. Allows an employee, student or parent to appeal a designated administrator's determination or action by filing a complaint with the school district governing board (governing board) or charter school governing body (governing body).
10. Directs the governing board or governing body to hold a hearing to determine whether the violation occurred and, if a violation occurred, act to resolve the complaint within 30 days after receipt.
11. Requires any decision made by the governing board or governing body to include an explanation of the decision.
12. Prohibits a student, employee or parent from filing more than one complaint in any 30-day period and allows a complaint to identify multiple alleged violations.
Enforcement by the SBE or SPI
13. Authorizes an employee, student or parent to file a complaint with the SBE or the SPI for an alleged violation after the school, district or agency that is the subject of the complaint has had the opportunity to resolve the complaint according to the prescribed complaint process.
14. Directs the SBE or SPI to notify a public school, school district or state agency that the SBE or SPI determines to be in violation of the prohibition.
15. Authorizes the SBE or SPI to impose a civil penalty of up to $5,000 for each violation on a public school, school district or state agency that is determined to be in violation.
16. Requires the SBE or SPI, if the SBE or SPI determines the public school, school district or state agency has failed to correct the violation within 30 days after notice is issued, to impose a civil penalty of up to $5,000 for each day the violation continues after the 30-day period.
17. Subjects, to the administrative decisions review process, SBE and SPI actions relating to enforcement of the prohibition.
18. Subjects, to disciplinary action as the SBE deems appropriate, a certificated or noncertificated person who violates the prohibition on instruction promoting or advocating for the specified concepts, including suspension or revocation of the person's certificate or disciplinary action.
Miscellaneous
19. Stipulates that instruction that violates the prohibition on instruction promoting or advocating for the specified concepts is a single violation, if it results from a single act or series of related acts.
20. Specifies that, notwithstanding any other law, age and grade-appropriate classroom instruction regarding child assault awareness and abuse prevention is allowed.
21. Makes technical changes.
22. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2023
LB/slp