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REFERENCE TITLE: 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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HB 2867 |
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Introduced by Representatives Way: Carter N, Hernandez A, Hernandez C
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AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; relating to public schools.
(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 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. 2. Notification to public schools
Not later than thirty days after the effective date of this act, the department of education shall transmit a copy of this act to each public school in this state.
Sec. 3. Short title
This act may be cited as "Antisemitism in Education Act".