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House Engrossed
antisemitism; public schools; prohibition; penalties |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2867 |
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AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; amending title 15, chapter 18, Arizona Revised Statutes, by adding article 2; relating to public education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.05, to read:
15-120.05. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; rules; definitions
A. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not:
1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment.
2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment.
3. Call for genocide of any group of persons or for the murder of members of a particular group.
4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school.
B. This state, state agencies, public schools and teachers may not:
1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:
(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.
2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
3. Provide grants or other monies to other state agencies, public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in a public school.
C. A public school may not:
1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or school employee refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.
2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.
3. Award academic credit to a high school student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process.
D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a public school may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection.
E. A student, parent, teacher or member of the public may report an alleged violation of this section to the department of education. If the superintendent of public instruction determines that a teacher or principal has knowingly or recklessly violated this section, the department shall notify the state board of education. The state board of education shall take the following action against the teacher or principal who is found to have violated this section:
1. For a first offense, issue a formal reprimand.
2. For a second offense, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation.
3. For a third offense, revoke the teacher's or principal's certificate.
F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.
G. The state board of education shall adopt rules, subject to approval by the superintendent of Public Instruction, to implement and enforce this section.
H. For the purposes of this section:
1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition.
2. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor.
Sec. 2. Heading change
A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION".
B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES".
Sec. 3. Title 15, chapter 18, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. ANTISEMITISM PREVENTION
15-2311. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; policies; student organizations; definitions
A. A faculty member, administrator, employee, contractor or volunteer of a higher education institution may not:
1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education environment.
2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile education environment.
3. Call for genocide of any group of persons or for the murder of members of a particular group.
4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to complete a degree or certificate program.
B. This state, state agencies, higher education institutions and faculty members, employees and contractors of higher education institutions may not:
1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:
(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(c) providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.
2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
3. Provide grants or other monies to other state agencies, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in the higher education institution.
C. A higher education institution may not:
1. take any adverse employment action against a faculty member, administrator, employee or contractor because the individual refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.
2. Require a faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.
3. Award academic credit to a student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process.
D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a higher education institution that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a higher education institution may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or higher education institution in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection.
E. A student, parent, faculty member or member of the public may report an alleged violation of this section to the highest ranking official at a higher education institution. The official shall initiate an internal investigation of any report received pursuant to this subsection not later than fifteen days after receipt. Notwithstanding section 15-1896, if the official is notified that a faculty member, administrator, employee or contractor has been found responsible for a violation of this section in an action brought pursuant to subsection D of this section or if, following an investigation conducted pursuant to this subsection, the official determines that a faculty member, administrator, employee or contractor has knowingly or recklessly violated this section, the official shall take the following action against the faculty member, administrator, employee or contractor who violated this section:
1. For a first offense, issue a formal reprimand.
2. For a second offense, suspend the individual without pay for a period of time determined by the official based on the severity and circumstances of the violation.
3. For a third offense, terminate the individual's employment.
F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.
G. Each higher education institution shall:
1. revise the higher education institution's policies and procedures, including any policy relating to tenure, to implement and enforce this section and notify all employees and contractors of the revised policies.
2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section.
3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote any antisemitism or anti-Semitic conduct, act or process.
4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section.
5. Ensure that each employee and contractor of the higher education institution complies with the requirements of this section, including any contractor that is hired by the higher education institution to provide training or a workshop, forum or other program to the higher education institution's employees.
6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either:
(a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people.
(b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state.
7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct, acts or processes.
8. Refuse to recognize or shall revoke the recognition of and support for any student organization that either:
(a) Invites a guest speaker who incites any antisemitism or anti-Semitic conduct, acts or processes on the higher education institution's campus.
(b) Organizes, promotes, incites or invites the student organization's members to engage in any antisemitism or anti-Semitic conduct, acts or processes.
(c) Engages in any act, conduct or process calling for genocide of any group of persons or for the murder of members of a particular group, to the extent that the act, conduct or process creates a hostile education environment.
9. Annually review and assess the higher education institution's compliance with this section and submit a compliance report to the president of the senate and the speaker of the house of representatives on or before January 10 of each year.
H. For the purposes of this section:
1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition.
2. "Higher education institution" means any of the following:
(a) A university under the jurisdiction of the Arizona board of regents.
(b) A community college as defined in section 15-1401.
(c) A career technical education district that provides instruction to adult students.
(d) A private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2 and that receives monies from this state or any political subdivision of this state.
3. "Hostile education
environment" means that harassment or discrimination is so severe,
pervasive or persistent that it interferes with or limits a student's ability
to participate in or benefit from the services, activities or opportunities
that are offered by a school, faculty member, school administrator, school
employee, school official or school contractor. faculty member,
employee, contractor or of higher education institution complete a degree or
certificate programhigher education institutions and faculty members, employees
contractors of higher education institutions higher education institutions or
faculty members, employees or contractors of higher education institutions
thehigher education institutionhigher education institutionfaculty member,
administrator, or contractor individualfaculty member, administrator, employee
or contractor higher education institution higher education institution higher
education institutionNotwithstanding section 15-1896, iofficialindividual
without pay for a period of time determined by the official terminate the
individual's employmentEach higher education institution shall:
1. revise
the higher education institution's policies and procedures, including any
policy relating to tenure, and notify all employees and contractors of the
revised policies.
2. In
any employment or tenure decision, Consider as a negative factor any confirmed
report that a faculty member, administrator, employee or contractor of the
higher education institution has violated this section.
3. Review
the higher education institution's grant and scholarship programs to determine
whether any program requires recipients to certify that the recipients will not
use monies received through the grant or scholarship program to promote .
4. Review
the higher education institution's employee training programs to ensure that
each program complies with the requirements of this section.
5. Ensure
that every employee and contractor of the higher education institution complies
with the requirements of this section, including any contractor who is hired by
the higher education institution to provide training, a workshop, forum or
other program to the higher education institution's employees.
6. Take
actions to encourage the faculty members, administrators, employees and
contractors of the higher education institution to not discriminate against the
individual's Jewish and non-Jewish colleagues on the basis of either:
(a) The colleague's religion, ethnicity, support for the
state of Israel or support for the Jewish people.
(b) One or more of the colleague's characteristics that are
protected by federal law or the laws of this state.
7. Protect
each guest lecturer and, if applicable, student organization that invites a
guest lecturer against demonstrator who engages in ses.
8. Refuse
to recognize or revoke the recognition of and support for any student
organization that either:
(a) Invites a guest speaker who incites ses on the higher
education institution's campus.
(b) Organizes, promotes, incites or invites the student
organization's members to engage in ses.
(c) Engages in acts, conduct or processes calling for
genocide of any group of persons, or for the murder of members of a particular
group, to the extent that such acts, conduct or processes create a hostile
education environment.
9. Annually
review and assess the higher education institution's compliance with this
section and submit a compliance report to the president of the senate and the
speaker of the house of representatives no later than January 10 of each year.
2. "Higher
education institution" means any of the following:
(a) A university under the jurisdiction of the Arizona board
of regents.
(b) A community college as defined in section 15-1401.
(c) A career technical education district that provides
instruction to adult students.
(d) A private postsecondary educational institution that is
licensed pursuant to title 32, chapter 30, article 2 and that receives monies
from this state or any political subdivision of this state.
32.[A. The chapter heading of title 15,
chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION
POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION".
B. The
article heading of title 15, chapter 18, article 1, Arizona Revised Statutes,
is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION
POLICIES".
3.ANTISEMITISM PREVENTIONA. A public school, a teacher, a principal, a school
administrator or a volunteer or contractor for a public school may not:
1. Teach,
instruct or train students in any antisemitism or anti-Semitic conduct,
act or process that constitutes harassment or discrimination and that creates a
hostile educational environment.
2. Promote
or provide professional development in any antisemitism or anti-Semitic
conduct, act or process that constitutes harassment or discrimination and that
creates a hostile work environment or a hostile educational environment.
3. Call
for genocide of any group of persons or for the murder of members of a
particular group.
4. Require
a student to advocate for or against a specific topic or point of view to receive
credit across every subject area for coursework or to receive credits that are
necessary for the student to graduate from high school.
B. This
state, state agencies, public schools and teachers may not:
1. apply
for, solicit, receive or use monies or in-kind goods or services from any
source for the purpose of:
(a) teaching, instructing or training students in
antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or
course materials for a course that promotes antisemitism or anti-Semitic
conduct, acts or processes.
(c) providing teacher training or professional development
for a course that promotes antisemitism or anti-Semitic conduct, acts or
processes.
(d) hiring or retaining a contractor for any purpose
described in subdivision (a), (b)
or (c) of this paragraph.
2. Use
any public monies to support the costs of teaching antisemitism or anti-Semitic
conduct, acts or processes.
3. Provide
grants or other monies to other state agencies, public schools or teachers to
support the costs of teaching antisemitism or anti-Semitic conduct, acts
or processes.
4. Accept
or use monies that are intended or required to be used to support the costs of
teaching or promoting antisemitism or anti-Semitic conduct, acts or
processes to students who are enrolled in a public school.
C. A
public school may not:
1. take
any adverse employment action against a teacher, school administrator or other
school employee because the teacher, school administrator or school employee
refused to teach or promote antisemitism or anti-Semitic conduct, acts or
processes or to support, believe, endorse, embrace, confess, act on or
otherwise assist antisemitism or anti-Semitic conduct, acts or
processes. For the purposes of this paragraph, "adverse
employment action" includes penalties and discrimination.
2. Require
a teacher, school administrator or other school employee to complete a
curriculum that includes any antisemitism or anti-Semitic conduct, act or
process as a condition of employment or continued employment.
3. Award
academic credit to a high school student for completing a course that includes
any antisemitism or anti-Semitic conduct, act or process or that promotes
any antisemitism or anti-Semitic conduct, act or process.
D. A
student who is at least eighteen years of age, or the parents of a minor
student, may bring an action in a court of competent jurisdiction to enjoin any
violation of this section that creates a hostile education environment for the
student. Notwithstanding any other law, an individual or a public school that
is a named defendant in a civil action that is brought pursuant to this
subsection is not immune from civil liability, and each individual is
personally liable for any damages arising from the individual's conduct in
violation of this section. This state, a state agency or a public school may
not use taxpayer monies to satisfy a judgment that is entered against the
state, state agency or public school in an action brought pursuant to this
subsection or to reimburse an individual defendant who is found liable for a
violation of this section. A court may award actual damages, consequential
damages, punitive damages, court costs and reasonable attorney fees in an
action brought pursuant to this subsection.
E. A
student, parent, teacher or member of the public may report an alleged
violation of this section to the department of education. If the
superintendent of public instruction determines that a teacher or principal has
knowingly or recklessly violated this section, the department shall notify the
state board of education. The state board of education shall take the
following action against the teacher or principal who is found to have violated
this section:
1. For
a first offense, issue a formal reprimand.
2. For
a second offense, suspend the teacher's or principal's certificate for a period
of time that is determined by the state board of education based on the
severity and circumstances of the violation.
3. For
a third offense, revoke the teacher's or principal's certificate.
F. This
section does not prohibit any individual from discussing or using instructional
materials as a part of a course of instruction about the history of Jews,
Judaism or the State of Israel. This section does not diminish or infringe on
any right protected under the Constitution of Arizona or the First Amendment to
the Constitution of the United States.
G. The
state board of education shall adopt rules, subject to approval by the
superintendent of Public Instruction, to implement and enforce this section.
H. For
the purposes of this section:
1. "Antisemitism"
means antisemitism as defined by the International Holocaust Remembrance
Alliance on May 26, 2016 and as adopted by the United States Department of
State, including the contemporary examples of antisemitism identified in the
adopted definition.
2. "Hostile
education environment" means that harassment or discrimination is so
severe, pervasive or persistent that it interferes with or limits a student's
ability to participate in or benefit from the services, activities or opportunities
that are offered by a school, faculty member, school administrator, school
employee, school official or school contractor.
Sec. 4. Notification to public schools and higher education institutions
Not later than thirty days after the effective date of this act:
1. The department of education shall transmit a copy of this act to each public school and to each career technical education district that provides instruction to adult students in this state.
2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents.
3. The state board for private
postsecondary education shall transmit a copy of this act to each private
postsecondary educational institution that is licensed pursuant to title 32,
chapter 30, article 2, Arizona Revised Statutes.h
public school and to each
career technical education district that provides instruction to adult students
in this state.
2. The
Arizona board of regents shall transmit a copy of this act to each university
under the jurisdiction of the Arizona board of regents.
3. The
state board for private postsecondary education shall transmit a copy of this
act to each private postsecondary educational institution that is licensed
pursuant to title 32, chapter 30, article 2.
Sec. 5. Short title
This act may be cited as "Antisemitism in Education Act".