|
REFERENCE TITLE: schools; flags; constitution; display; penalty |
|
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
|
|
SB 1122 |
|
|
|
Introduced by Senators Rogers: Borrelli, Farnsworth, Kavanagh, Kern, Shope, Wadsack; Representative Parker J
|
An Act
amending section 15-506, Arizona Revised Statutes; relating to school employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-506, Arizona Revised Statutes, is amended to read:
15-506. Flag, Constitution and Bill of Rights display; recitation of pledge of allegiance; moment of silence; exemptions; civil penalty; definitions
A. School districts and charter schools shall:
1. Acquire United States flags that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flags.
2. For grades seven through twelve, acquire a legible copy of the Constitution of the United States and the Bill of Rights that is manufactured in the United States.
3. Display the flags in accordance with title 4 of the United States Code in each classroom and on or near the outside of the school building during school hours and at such other times as the school authorities direct.
4. For grades seven through twelve, place a legible copy of the Constitution of the United States and the Bill of Rights adjacent to each classroom flag.
5. Set aside a specific time each day for students who wish to recite the pledge of allegiance to the United States flag.
6. For kindergarten programs and grades one through twelve, set aside at least one minute but not more than two minutes at the beginning of each school day for students to engage in a moment of silence during which students may not interfere with other students' participation. A teacher or other school employee may not suggest the nature of any reflection in which a student may engage during the moment of silence. Each teacher of a class in which a moment of silence occurs pursuant to this paragraph shall encourage parents of students in the class to discuss with their children how to best use the moment of silence required by this paragraph.
B. Private schools, parochial schools and homeschools are exempt from this section.
C. The department of education shall establish a process for any person to file a complaint with the department alleging that a school district has violated subsection A, paragraph 3 or 4 of this section. The department shall determine in writing whether a violation occurred. If the department determines that a violation occurred, the department shall notify the school district superintendent and the school district governing board that the school district is in violation of subsection A, paragraph 3 or 4 of this section. For a first offense, the school district shall correct the violation within five days after receiving the notification pursuant to this subsection and shall submit to the department evidence that the violation has been corrected. If the school district does not correct the violation within five days after receiving the notification pursuant to this subsection, the department shall notify the attorney general for the purposes of subsection E of this section. If the department determines that the school district has committed a repeat offense, the department shall notify the attorney general for the purposes of subsection E of this section. Determinations made pursuant to this subsection are subject to appeal pursuant to title 41, chapter 6, article 10.
D. The state board for charter schools shall establish a process for any person to file a complaint with the state board alleging that a charter school has violated subsection A, paragraph 3 or 4 of this section. the state board shall determine in writing whether a violation occurred. If the state board determines that a violation occurred, the state board shall notify the principal of the charter school and the charter school governing body that the charter school is in violation of subsection A, paragraph 3 or 4 of this section. For a first offense, the charter school shall correct the violation within five days after receiving the notification pursuant to this subsection and shall submit to the state board evidence that the violation has been corrected. If the charter school does not correct the violation within five days after receiving the notification pursuant to this subsection, the state board shall notify the attorney general for the purposes of subsection E of this section. If the state board determines that the charter school has committed a repeat offense, the state board shall notify the attorney general for the purposes of subsection E of this section. Determinations made pursuant to this subsection are subject to appeal pursuant to title 41, chapter 6, article 10.
E. After receiving notification from the department of education pursuant to subsection C of this section or from the state board for charter schools pursuant to subsection D of this section, the attorney general shall impose and collect a civil penalty of not more than $1,000 for each violation that is either:
1. A first offense that the school district or charter school failed to correct a violation within five days after receiving the notification required pursuant to subsection C or D of this section.
2. A repeat offense.
F. For the purposes of this section:
1. "First offense" means the first violation of subsection A, paragraph 3 or 4 of this section during the school year.
2. "Repeat offense" means a second or subsequent violation of subsection A, paragraph 3 or 4 of this section during the school year 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, whichever applies, as the earlier violation of the same paragraph.
(b) The school district or charter school corrected the earlier violation pursuant to subsection C or D of this section.