Assigned to ED                                                                                                                       FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1369

 

public schools; safety; reporting requirements

Purpose

Requires the Arizona Department of Education (ADE), by December 15, to annually submit a school safety report that includes the number of specified incidents reported at each Arizona school site. Requires each Arizona public school and local education agency (LEA) to post on its website the most recent information reported to the U.S. Department of Education for the Civil Rights Data Collection survey (CRDC).

Background

A school district governing board (governing board) and charter school governing body must prescribe and enforce policies and procedures for school personnel to report any: 1) suspected crime against a person or property that is a serious offense, involves a deadly weapon or dangerous instrument or results in serious physical injury; and 2) conduct that poses a threat of death or serious physical injury to an employee, student or other person on the school property. The policies must include a process for employees to document and report the conduct, including specifying the employees responsible for making a report to a local law enforcement agency (A.R.S. § 15-153).

A governing board must prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils, including: 1) a procedure for pupils, parents and school district employees to confidentially report incidents of harassment, intimidation or bullying to school officials; 2) a requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official; and 3) a formal process for documenting reported incidents and providing for the confidentiality, maintenance and disposition of the documentation (A.R.S. § 15-341).

The U.S. Department of Education Office for Civil Rights utilizes the CRDC for administering and enforcing civil rights laws. The CRDC gathers data including student enrollment and student access to educational programs and services, most of which is disaggregated by race or ethnicity, sex, English learner and disability (U.S. Department of Education).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

School Safety Report

1.   Requires ADE, by December 15, to submit an annual school safety report to the Governor, the President of the Senate and the Speaker of the House and provide a copy of the report to the Secretary of State that includes the number of the following incidents reported at each school site in Arizona:

a)   bullying;

b)   fighting;

c)   sexual assault;

d)   threatening;

e)   intimidation;

f) harassment;

g)   suicide;

h)   hazing; and

i) any other form of physical attack.

2.   Requires ADE to establish a survey to gather information for the school safety report from each school district and charter school.

3.   Prohibits a school district or charter school from reporting any personally identifiable student data.

4.   Requires ADE to post the school safety report on the ADE website in a publicly accessible format.

Public School and LEA Posting Requirements

5.   Requires each Arizona public school and LEA to post on its website the most recent information that the public school or LEA reported to the U.S. Department of Education Office for Civil Rights for the CRDC.

6.   Specifies that a public school or LEA is not authorized to publish data that is protected under the federal Family Educational Rights and Privacy Act of 1974.

7.   Requires a public school or LEA that posts the information as outlined to redact protected information to ensure compliance.

Miscellaneous

8.   Becomes effective on the general effective date.

Prepared by Senate Research

February 2, 2024

MH/LB/slp