ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: ED DP 4-3-0-0 | 3rd Read 16-11-3-0
House: ED DP 7-5-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1694: higher education; withholding state monies

Sponsor: Senator Farnsworth, LD 10

House Engrossed

Overview

Declares an Arizona public university or community college (higher education institution) is ineligible to receive state monies if it offers courses on diversity, equity and inclusion (DEI).

History

Statute directs the Arizona Board of Regents (ABOR) to establish curricula and designate courses at the three public universities that, in ABOR's judgement, will best serve the interests of the state. ABOR must also submit a budget request for each public university that includes the estimated tuition and fee revenue available to support the programs described in the public university's budget request, as well as annually adopt an operating budget for each public university. The operating budget must be equal to the amount of appropriated state General Fund monies and the amount of tuition and fees approved by ABOR and allocated to each university's operating budget (A.R.S. § 15-1626).

Each community college district (CCD) is governed by a CCD board. Statute details a CCD board's duties, which include adopting policies to offer programs that meet the educational needs of the population served by the CCD and enforcing the courses of study prescribed by the CCD. There are several statutes that detail state funding sources for CCDs, such as: 1) science, technology, engineering and mathematics and workforce programs state aid; 2) operating state aid; and 3) equalization aid (A.R.S. §§ 15-1444, 14-1464, 14-1466 and 14-1468).

Provisions

1.   Makes a higher education institution ineligible to receive state monies in any fiscal year in which it offers courses on DEI. (Sec. 1)

2.   Prohibits the State Treasurer, ABOR and the Arizona Department of Administration from distributing state monies to a higher education institution in a fiscal year in which the higher education institution offers courses on DEI. (Sec. 1)

3.   Defines course on DEI to mean any course that includes materials or instruction in the course description, overview, objectives, proposed student learning outcomes, exams or graded assignments that:

a)   relate contemporary American society to critical theory, whiteness, systemic or institutional racism, anti-racism, microaggressions, systemic, implicit or unconscious bias, intersectionality, gender identity, social justice, cultural competence, allyship, race-based reparations, race-based privilege, race-based DEI or gender-based DEI;

b)   promote the idea that racially neutral or colorblind laws, policies or institutions perpetuate oppression, injustice, race-based privilege, including white supremacy and white privilege, or inequity by failing to actively differentiate on the basis of race, sex or gender;

c) promote the differential treatment of any individual or group based on race or ethnicity in contemporary American society; or

d)   promote the idea that a student is biased on account of their race or sex. (Sec. 1)

4.   Excludes, from course on DEI, a course that identifies or discusses historical movements, ideologies or instances of racial hatred or race-based discrimination, including slavery, Indian removal, the Holocaust and Japanese-American internment in the course materials or instruction unless the materials or instruction include the prescribed prohibited activities. (Sec. 1)

5.   Defines higher education institution. (Sec. 1)

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9.                     SB 1694

10.  Initials CH           Page 0 House Engrossed

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