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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: ED DPA 8-4-0-0 |
HB 2867: antisemitism; public schools; prohibition; penalties
Sponsor: Representative Way, LD 15
Caucus & COW
Overview
Establishes prohibitions for public schools, the state and state agencies regarding the teaching or promoting of antisemitism or anti-Semitic conduct, acts or processes. Details civil liability and discipline procedures for violations of the prohibitions.
History
On May 26, 2016, the 31 member states (including the United States) of the International Holocaust Remembrance Alliance (IHRA) adopted a non-legally binding working definition of antisemitism. Under the IHRA working definition, antisemitism means a certain perception of Jews, which may be expressed as hatred towards Jews. Antisemitism includes rhetorical and physical manifestations of antisemitism [that] are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. The IHRA maintains contemporary examples of antisemitism in public life, the media, schools, the workplace and in the religious sphere (U.S. Department of State) (IHRA Antisemitism Working Definition).
Provisions
Prohibitions on Antisemitism and Anti-Semitic Conduct, Acts or Processes
1. Prohibits a public school, teacher, principal, school administrator or a volunteer or contractor of a public school from:
a) teaching, instructing or training students, or promoting or providing professional development in, any antisemitism or anti-Semitic conduct, acts or processes that constitute harassment or discrimination and create a hostile educational or work environment;
b) calling for the genocide or murder of any group; and
c) requiring a student to advocate for or against a specific topic or point of view to receive coursework credit across every subject area or to receive credits for high school graduation. (Sec. 1)
2. Restricts the state, state agencies, public schools and teachers from:
a) applying for, soliciting, receiving or using monies or in-kind goods or services from any source for:
i. teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes;
ii. developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes;
iii. providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes; or
iv. hiring or retaining a contractor for any of these specified purposes;
b) using any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes;
c) providing 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; and
d) accepting or using monies intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to public school students. (Sec. 1)
3. Prevents a public school from:
a) taking any adverse employment action against an employee because the employee refused to:
i. teach or promote antisemitism or anti-Semitic conduct, acts or processes; or
ii. support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes;
b) requiring an employee, as a condition of employment, to complete a curriculum that includes any antisemitism or anti-Semitic conduct, acts or processes; or
c) awarding academic credit to a high school student for completing a course that includes or promotes any antisemitism or anti-Semitic conduct, acts or processes. (Sec. 1)
Civil Liability and Discipline
4. Authorizes a student who is at least 18 years old, or a minor student's parents, to bring an action in a court of competent jurisdiction to enjoin any violation of the prohibitions that creates a hostile educational environment. (Sec. 1)
5. Declares an individual or public school that is a named defendant in a civil action brought by an adult student, or a minor student's parents, is not immune from civil liability, and each individual is personally liable for any damages arising from their conduct in violation of the prohibitions. (Sec. 1)
6. Prohibits the state, a state agency or a public school from using taxpayer monies to:
a) satisfy a judgment entered against the state, state agency or public school in an action brought by an adult student or a minor student's parents; or
b) reimburse an individual defendant found liable for violating the prohibitions. (Sec. 1)
7. Details the damages, costs and fees a court may award in an action brought by an adult student or a minor student's parents. (Sec. 1)
8. Allows a student, parent, teacher or member of the public to report an alleged violation of the prohibitions to the Arizona Department of Education (ADE). (Sec. 1)
9. Directs ADE, if the Superintendent of Public Instruction (SPI) determines a teacher or principal has knowingly or recklessly violated the prohibitions, to notify the State Board of Education (SBE). (Sec. 1)
10. Instructs SBE to take the following action against the teacher or principal who is found to have violated the prohibitions:
a) for a first offense, issue a formal reprimand;
b) for a second offense, suspend the teacher's or principal's certificate for a period determined by SBE based on the severity and circumstances of the violation; and
c) for a third offense, revoke the teacher's or principal's certificate. (Sec. 1)
11. Asserts an individual is not prohibited from discussing or using instructional materials as part of a course of instruction about the history of Jews, Judaism or the State of Israel. (Sec. 1)
12. States the prohibitions do not diminish or infringe on any right protected under the Arizona Constitution or the First Amendment. (Sec. 1)
13. Requires SBE to adopt rules to implement and enforce the prohibitions, subject to approval by the SPI. (Sec. 1)
Miscellaneous
14. Defines antisemitism to mean antisemitism as defined by the IHRA on May 26, 2016, and as adopted by the U.S. Department of State, including the contemporary examples of antisemitism identified in the adopted definition. (Sec. 1)
15. Defines hostile educational environment. (Sec. 1)
16. Requires ADE to transmit a copy of this legislation to each public school within 30 days of the general effective date. (Sec. 2)
17. Entitles this legislation as the Antisemitism in Education Act. (Sec. 3)
Amendments
Committee on Education
1. Subjects a faculty member, administrator, employee, contractor or volunteer of a higher education institution to the prescribed prohibitions on antisemitism and anti-Semitic conduct that apply to a public school, teacher, principal, school administrator or a volunteer or contractor of a public school.
2. Applies the outlined civil liability and court procedures for public school students to students of higher education institutions.
3. Outlines procedures for a student, parent, faculty member or member of the public to report an alleged violation of the prohibitions to the highest-ranking official at the higher education institution and details penalties for violations.
4. Requires each higher education institution to:
a) revise its policies and procedures to implement and enforce the prohibitions and notify all employees and contractors of the revised policies;
b) consider as a negative factor any confirmed report that an employee or contractor violated the prohibitions in any employment or tenure decision;
c) review its grant and scholarship programs to determine whether the program requires recipients to certify that the recipients will not use monies to promote antisemitism or anti-Semitic conduct;
d) review its employee training programs to ensure compliance with the prohibitions;
e) ensure that each employee and contractor complies with the prohibitions;
f) take actions to encourage employees and contractors to not discriminate against their Jewish and non-Jewish colleagues as specified;
g) protect each guest lecturer and student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct;
h) refuse to recognize or revoke the recognition of and support for any student organization that engages in specified acts relating to antisemitism or anti-Semitic conduct; and
i) annually review and assess its compliance with the prohibitions and submit a compliance report to the Legislature.
5. Defines higher education institution.
6. Establishes the requirement for ADE, the Arizona Board of Regents and the State Board for Private Postsecondary Education to provide a copy of this legislation to specified educational institutions.
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