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REFERENCE TITLE: public schools; teachers; expressive rights |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2655 |
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Introduced by Representatives Parker B: Heap, Jones, Kolodin, Marshall, McGarr, Montenegro, Parker J, Pingerelli, Smith; Senators Hoffman, Wadsack
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An Act
amending title 15, chapter 5, article 1, Arizona Revised Statutes, by adding section 15-509; relating to school employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 15-509, to read:
15-509. Teachers; school employees; transparency and expressive rights; judicial relief
A. A TEACHER OR any OTHER EMPLOYEE OF A SCHOOL DISTRICT OR CHARTER SCHOOL is NOT SUBJECT TO ANY DISCIPLINARY ACTION OR ADVERSE EMPLOYMENT ACTION FOR doing ANY OF THE FOLLOWING:
1. INFORMING A student's PARENT OF ANY INFORMATION REGARDING THE student THAT THE teacher or other employee REASONABLY BELIEVES THE PARENT SHOULD KNOW.
2. DECLINING TO ADDRESS an individual USING A NAME, PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE individual's biological SEX.
3. ENGAGING IN RELIGIOUS EXPRESSION, PRAYER or DISCUSSIONS or SHARING RELIGIOUS MATERIALS WITH OTHER teachers AND EMPLOYEES AT THE SAME TIMES AND IN THE SAME MANNER THAT teachers AND EMPLOYEES ARE allowed TO ENGAGE IN NONRELIGIOUS EXPRESSION AND DISCUSSIONS.
4. SERVING AS A SPONSOR OF any STUDENT RELIGIOUS CLUB AND ASSISTING STUDENTS IN PLANNING MEETINGS, ACTIVITIES AND EVENTS TO THE SAME EXTENT THAT a teacher or employee who SPONSORS a NONRELIGIOUS CLUB is allowed to assist students.
5. PARTICIPATING IN VOLUNTARY STUDENT-INITIATED, STUDENT-LED PRAYER, SUCH AS PRAYER BEFORE A SPORTING EVENT, WHEN INVITED TO participate BY THE STUDENTS if THE PARTICIPATION IS IN THE teacher'S OR EMPLOYEE'S PERSONAL CAPACITY AND NOT AS A REPRESENTATIVE OF THE SCHOOL district or charter school.
6. WEARING any RELIGIOUS CLOTHING, SYMBOL OR JEWELRY if the ITEM OTHERWISE COMPLies WITH ANY DRESS CODE IMPLEMENTED BY THE school district or charter SCHOOL.
7. DECORATING THE teacher's or employee's office, classroom, DESK or OTHER PERSONAL SPACE WITH ITEMS THAT REFLECT THE teacher's or employee's RELIGIOUS BELIEFS TO THE SAME EXTENT THAT OTHER teachers AND EMPLOYEES ARE allowed TO DECORATE THEIR offices, classrooms, DESKs AND OTHER PERSONAL SPACEs.
B. AN INDIVIDUAL who is adversely affected by a VIOLATION of this section has a private cause of action AND MAY RAISE THIS SECTION AS A DEFENSE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING WITHOUT REGARD TO WHETHER THE PROCEEDING IS BROUGHT BY OR IN THE NAME OF this STATE OR ANY OTHER person or PARTY. AN INDIVIDUAL WHO SUCCESSFULLY ASSERTS A CLAIM OR DEFENSE UNDER THIS section MAY RECOVER DECLARATORY RELIEF, INJUNCTIVE RELIEF, COMPENSATORY DAMAGES, REASONABLE ATTORNEY FEES AND COSTS AND ANY OTHER APPROPRIATE RELIEF.