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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
public schools; safety; reporting requirements
Purpose
Requires the Arizona Department of Education (ADE) to annually submit a school safety report and a school learning conditions report as outlined and post the most recent information each public school and local education agency (LEA) reported to the U.S. Department of Education for the Civil Rights Data Collection survey (CRDC) in a publicly accessible format.
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 and School Learning Conditions Reports
1. Requires ADE, by January 31, to submit an annual school safety report and an annual school learning conditions report to the Governor, the President of the Senate and the Speaker of the House of Representatives and provide a copy of the report to the Secretary of State.
2. Directs ADE to administer a survey of all school districts and charter schools for the school safety report 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.
a) school safety;
b) school climate;
c) barriers to engagement;
d) character education;
e) student behavior management support;
f) appropriate content in school curricula; and
g) respecting people as individuals.
4. Prohibits a school district or charter school from disclosing any personally identifiable student data in a survey that is administered for the school safety report or school learning conditions report.
5. Requires ADE to post the school safety report and school learning conditions report in a publicly accessible format to promote transparency and best practices for school improvement.
CDRC Information Posting Requirements
6. Requires ADE to post in a publicly accessible format the most recent information that each public school and LEA reported to the U.S. Department of Education Office for Civil Rights for the CRDC.
7. Specifies that ADE is not authorized to post data that is protected under the federal Family Educational Rights and Privacy Act of 1974.
8. Requires ADE to redact protected information that is posted to ensure compliance with the federal Family Educational Rights and Privacy Act of 1974.
Miscellaneous
9. Becomes effective on the general effective date.
Amendment Adopted by the House of Representatives
1. Requires ADE to submit an annual school learning conditions report to specified individuals.
2. Directs ADE to administer surveys as outlined for the school safety report and school learning conditions report.
3. Requires ADE to post the school learning conditions report and school safety report in a publicly accessible format to promote transparency and best practices for school improvement.
4. Requires ADE to annually submit the school learning conditions report and school safety report to outlined individuals by January 31, rather than December 15.
5. Requires ADE to post the information that each public school and LEA reported for the CDRC in a publicly accessible format, rather than each public school and LEA to post the information on its website.
6. Specifies that ADE is not authorized to post CDRC data protected under the federal Family Educational Rights and Privacy Act of 1974 and must redact protected information to ensure compliance.
7. Makes technical and conforming changes.
Senate Action House Action
ED 2/7/24 DP 4-3-0 ED 3/12/24 DP 5-4-0-1
3rd Read 2/19/24 16-12-2 3rd Read* 4/4/24 32-27-1
3rd Read 6/12/24 33-27-0
*vote rescinded on 6/4/24
Prepared by Senate Research
June 12, 2024
MH/LB/slp