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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
mandatory reporting; school employees; investigations
Purpose
Adds school district governing board (governing board) and charter school governing body (governing body) members to the list of individuals subject to the duty to report abuse, physical injury, neglect and denial or deprivation of medical care or nourishment of minors (abuse of minors). Expands reporting and investigation requirements relating to the duty to report immoral or unprofessional conduct.
Background
Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse or neglect that appears to have been inflected by nonaccidental means or denial or deprivation of necessary medical treatment, surgical care or nourishment must immediately report or cause reports of the information to be made to a peace officer, the Department of Child Safety (DCS) or tribal agency, if applicable. Statute subjects outlined individuals to the duty to report abuse of minors, including school personnel and any other person who has responsibility for the care or treatment of a minor (A.R.S. § 13-3620).
Any certificated person, noncertificated person or governing board member
who reasonably suspects or receives a reasonable allegation that a certificated
or noncertificated person has engaged in conduct that is subject to the
requirement to report abuse of minors must report or cause reports to be made
to the State Board of Education (SBE) within three business days of the
suspicion or allegation. A governing board, or school district employee who has
control over personnel, may not take unlawful reprisal against a school
employee for reporting a suspicion or allegation of immoral or unprofessional
conduct in good faith. The SBE adopts rules prescribing the procedures for the
investigation every written complaint alleging that a certificated or
noncertificated person has engaged in immoral or unprofessional conduct and
must impose disciplinary action as prescribed on a finding of immoral or
unprofessional conduct (A.R.S.
§§ 15-203
and 15-514).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Duty to Report Abuse of Minors
1. Adds governing board members and governing body members to the list of individuals subject to the duty to report abuse of minors.
2. Specifies
that substitute teachers are subject to the duty to report abuse of minors.
Duty to Report Immoral or Unprofessional Conduct
3. Requires the following individuals to immediately report or cause a report to be made to a local law enforcement agency, if the individual reasonably believes or receives a reasonable allegation that a public school employee, including through a third party contractor, has engaged in conduct subject to the requirement to report abuse against minors:
a) a certificated person;
b) a noncertificated person;
c) a governing board member; and
d) a governing body member.
4. Applies, to a governing body member, the requirement to report to the SBE a reasonable belief or allegation that a certificated or noncertificated person engaged in conduct subject to the requirement to report abuse of minors.
5. Specifies that a report of immoral or unprofessional conduct to a school resource officer (SRO) or a school safety officer (SSO) does not satisfy the requirements to report to a local law enforcement agency or the SBE.
6. Determines that an individual must report immoral or unprofessional conduct as prescribed if the person reasonably believes, rather than reasonably suspects, or receives a reasonable allegation that a school employee engaged in immoral or unprofessional conduct.
Immoral or Unprofessional Conduct Investigation Requirements
7. Subjects any investigation relating to a belief, allegation or report of immoral or unprofessional conduct that is sexual in nature to the following requirements:
a) an SRO, SSO or school administrator must submit all information relating to the report to a local law enforcement agency for investigation purposes if the SRO, SSO or school administrator receives the report; and
b) only a forensic interviewer who has completed prescribed training may interview a student who is identified as a potential victim of the alleged conduct.
8. Specifies that a school employee or SRO is not prevented from receiving a voluntary report of sexual conduct committed by a school employee from a student who is an alleged victim.
Miscellaneous
9. Expands the definition of unlawful reprisal to include an action taken by a school or school district employee who has control over personnel decisions.
10. Defines school safety officer as an SRO who is working in an off-duty capacity.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
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