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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
House Engrossed
Overview
Establishes prohibitions for public schools, teachers, higher education institutions, faculty members, the state and state agencies regarding the teaching or promoting of antisemitism or anti-Semitic conduct, acts or processes (antisemitism or anti-Semitic conduct). Details civil liability and discipline procedures for violations of the prohibitions.
History
On May 26, 2016, the member 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
1. Prohibits a public school, teacher, principal, school administrator or volunteer or contractor of a public school and a faculty member, administrator, employee, contractor or volunteer of a higher education institution from:
a) teaching, instructing or training students, or promoting or providing professional development, in any antisemitism or anti-Semitic conduct that constitutes harassment or discrimination and that creates a hostile education or work environment;
b) calling for the genocide or murder of any group; or
c) requiring a student to advocate for an anti-Semitic point of view or promote anti-Semitic conduct to receive coursework credit across every subject area, to receive credits necessary for high school graduation or to complete a degree or certificate program. (Sec. 1, 3)
2. Restricts the state, state agencies, public schools, teachers, higher education institutions and faculty members, employees and contractors of higher education institutions 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;
ii. developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct;
iii. providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct; or
iv. hiring or retaining a contractor for any of the aforementioned purposes;
b) using any public monies to support the costs of teaching antisemitism or anti-Semitic conduct;
c) providing grants or other monies to other state agencies, public schools, teachers, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct; 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 to public school students or students who are enrolled in the higher education institution. (Sec. 1, 3)
3. Prevents a public school and higher education institution from:
a) taking any adverse employment action against a teacher, administrator or school employee or faculty member, administrator, employee or contractor because the individual refused to teach, promote, support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct;
b) requiring a teacher, administrator or school employee or faculty member, administrator, employee or contractor, as a condition of employment, to complete a curriculum that includes any antisemitism or anti-Semitic conduct; or
c) awarding academic credit to a high school student or to a student of a higher education institution for completing a course that includes or promotes any antisemitism or anti-Semitic conduct. (Sec. 1, 3)
4. Details that adverse employment action includes penalties and discrimination. (Sec. 1, 3)
Civil Liability and Discipline
5. 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 education environment. (Sec. 1, 3)
6. Declares an individual, public school or higher education institution that is a named defendant in a civil action 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, 3)
7. Prohibits the state, a state agency, public school or higher education institution from using taxpayer monies to:
a) satisfy a judgment entered against the state, a state agency, public school or higher education institution in an action brought by an adult student or minor student's parents; or
b) reimburse a defendant found liable for a violation of the prohibitions. (Sec. 1, 3)
8. 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, 3)
9. Establishes the following reporting processes for alleged violations of the prohibitions:
a) a student, parent, teacher or member of the public may report an alleged violation of the prohibitions to the Arizona Department of Education (ADE); or
b) 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. (Sec. 1, 3)
10. 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)
11. 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)
12. Requires the highest-ranking official of a higher education institution to initiate an internal investigation of any report received within 15 days after receipt. (Sec. 3)
13. Directs the highest-ranking official of a higher education institution, if the official is notified that a faculty member, administrator, employee or contractor has been found responsible for a violation of the prohibitions in a civil action brought by an adult student or a minor student's parents, or if the official determines the individual has knowingly or recklessly violated the prohibitions after conducting an investigation, to take the following action against the person:
a) for a first offense, issue a formal reprimand;
b) for a second offense, suspend the individual without pay for a period determined by the official based on the severity and circumstances of the violation; and
c) for a third offense, terminate the individual's employment. (Sec. 3)
14. Asserts the prohibitions do not:
a) prohibit any individual from discussing or using instructional materials as part of a course of instruction about the history of Jews, Judaism or the State of Israel; and
b) do not diminish or infringe on any right protected under the Arizona Constitution or the First Amendment. (Sec. 1, 3)
15. Requires SBE to adopt rules to implement and enforce the prohibitions, subject to approval by the SPI. (Sec. 1)
Higher Education Institution Review and Compliance Requirements
16. 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, in any employment or tenure decision, any confirmed report that a faculty member, administrator, employee or contractor violated the prohibitions;
c) review its grant and scholarship programs to determine whether any 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 on the basis of the colleague's:
i. religion, ethnicity or support for the State of Israel or Jewish people; or
ii. characteristics that are protected by federal or state law;
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:
i. invites a guest speaker who incites any antisemitism or anti-Semitic conduct on campus;
ii. organizes, promotes, incites or invites its members to engage in antisemitism or anti-Semitic conduct; or
iii. engages in any act, conduct or process calling for the genocide of any group or the murders of members of a particular group to the extent that the act, conduct or process creates a hostile education environment; and
i) annually review and assess its compliance with the prohibitions and submit a compliance report to the Legislature by January 10 annually. (Sec. 3)
Miscellaneous
17. Defines antisemitism, hostile education environment and higher education institution. (Sec. 1, 3)
18. Directs ADE, the Arizona Board of Regents and the State Board for Private Postsecondary Education, within 30 days of the general effective date, to transmit a copy of this legislation to specified educational institutions. (Sec. 4)
19. Entitles this legislation as the Antisemitism in Education Act. (Sec. 5)
20. Makes conforming changes. (Sec. 2)
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24. HB 2867
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