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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
antisemitism; public schools; prohibition; penalties
Purpose
Prescribes
prohibitions on public schools, public school personnel, higher education
institutions, higher education institution personnel, the state and state
agencies relating to the teaching or promotion of antisemitism or anti-Semitic
conduct, acts and processes. Outlines legal remedies and disciplinary
procedures for violations of the prohibitions on antisemitism and
anti-Semitic conduct, acts and processes and compliance and reporting
requirements for higher education institutions. Designates this legislation as
the Antisemitism in Education Act (Act).
Background
The International Holocaust Remembrance Alliance (IHRA) is an intergovernmental organization consisting of 35 member countries, including the United States, founded to strengthen, advance and promote Holocaust education, remembrance and research (IHRA). On May 26, 2016, the IHRA adopted a non-legally binding working definition of antisemitism. Antisemitism, as defined by the IHRA, means a certain perception of Jews, which may be expressed as hatred toward Jews, including rhetorical and physical manifestations that are directed toward Jewish or non-Jewish individuals and the individuals' property, Jewish community institutions and religious facilities. The IHRA outlines contemporary examples of antisemitism in public life, the media, schools, the workplace and in religious spheres (IHRA; U.S. Department of State).
A public educational institution may not discriminate against students or parents based on a religious viewpoint or religious expression. A public university or Arizona community college may not discriminate against a student on the basis of the student's religious viewpoint, expression or belief (A.R.S. ยงยง 15-110 and 15-1862).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Prohibitions on Antisemitism and Anti-Semitic Conduct, Acts and Processes
1. Prohibits a public school, teacher, principal, school administrator or volunteer or contractor for a public school and a faculty member, administrator, employee, contractor or volunteer of a higher education institution from:
a) teaching, instructing or training students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education or work environment;
b) promoting or providing professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education or work environment;
c) calling for genocide of any group or persons or for the murder of members of a particular group; and
d) requiring a student to advocate for an anti-Semitic point of view or to promote anti-Semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school or complete a degree or certificate program.
2. Prohibits the state, state agencies, public schools, public school teachers, higher education institutions and faculty, employees and contractors of the higher education institution from:
a) applying for, soliciting, receiving or using monies or in-kind good or services from any source to:
i. teach, instruct or train students in antisemitism or anti-Semitic conduct, acts or processes;
ii. develop, purchase or acquire a curriculum or course materials that promote antisemitism or anti-Semitic conduct, acts or processes;
iii. provide teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes; or
iv. hire or retain a contractor for any prohibited purpose relating to the teaching or promotion of antisemitism or anti-Semitic conduct, acts or processes;
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, public school teachers, higher education institutions or faculty, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes; and
d) accepting or using 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 or higher education institution.
3. Prohibits a public school or higher education institution from:
a) taking any adverse employment action against a school teacher, school administrator or other school employee or a higher education institution faculty member, administrator, employee or contractor for refusal 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;
b) requiring a school teacher, school administrator or other school employee or a higher education institution faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct, acts or processes as a condition of employment or continued employment; and
c) awarding academic credit to a student for completing a course that includes or promotes any antisemitism or anti-Semitic conduct, acts or processes.
4. Specifies that adverse employment action includes penalties and discrimination.
5. Specifies the prohibitions on teaching or promoting antisemitism or anti-Semitic conduct, acts or processes 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 Israel; or
b) diminish or infringe on any right protected under the Arizona Constitution or First Amendment to the U.S. Constitution.
Legal Remedies and Discipline
6. Authorizes a student who is at least 18 years old or the parents of a minor student to bring an action in a court of competent jurisdiction to enjoin any violation of the prohibited conduct that creates a hostile education environment for the student.
7. Determines that an individual, public school or higher education institution that is a named defendant in a civil action that is brought for violation of the prohibited conduct is not immune from civil liability and that each individual is personally liable for any damages arising from the individual's conduct.
8. Allows a court to award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees for an action brought for violation of the prohibited conduct.
9. Prohibits the state, a state agency, public school or higher education institution from using taxpayer monies to:
a) satisfy a judgement that is entered against the state, state agency, public school or higher education institution for violation of the prohibited conduct; or
b) reimburse an individual defendant who is found liable for a violation of the prohibited conduct.
10. Authorizes a student, parent, teacher or member of the public to report an alleged violation of the prohibited conduct to ADE.
11. Requires ADE, if the Superintendent of Public Instruction (SPI) determines that a teacher or principal has knowingly or recklessly violated the prohibitions, to notify the SBE.
12. Directs the SBE to take the following action against a 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 of time that is determined by the SBE based on the severity and circumstances of the violation; and
c) for a third offense, revoke the teacher's or principal's certificate.
13. Requires the SBE to adopt rules, subject to approval by the SPI, to implement and enforce the prohibitions.
14. Authorizes a student, parent, higher education institution or member of the public to report an alleged violation of the prohibited conduct to the highest ranking official at a higher education institution.
15. Requires a higher education institution official to initiate an internal investigation of any report of alleged violations within 15 days of receiving the allegation.
16. Directs a higher education institution official, 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 or the official determines the faculty member, administrator, employee or contractor knowingly or recklessly violated the prohibitions following an investigation, to take the following action against the individual:
a) for a first offense, issue a formal reprimand;
b) for a second offense, suspend the individual without pay for a period of time that is determined by the official based on the severity and circumstances of the violation; and
c) for a third offense, terminate the individual's employment.
Higher Education Institution Compliance Requirements
17. Requires a higher education institution to:
a) revise the higher education institution's policies and procedures, including any policy relating to tenure, to implement and enforce the prohibitions;
b) notify all employees and contractors of the revised policies;
c) in any employment or tenure decision, consider any confirmed report that a faculty member, administrator, employee or contractor violated the prohibition as a negative factor;
d) review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipient will not use any of the grant or scholarship monies to promote antisemitism or anti-Semitic conduct, acts or processes;
e) review the higher education institution's employee training programs to ensure that each program complies with prescribed prohibitions;
f) ensure that each higher education institution employee and contractor complies with the prescribed prohibitions, including any contractor hired by the higher education institution to provide training or a workshop, forum or other program for the higher education institution's employees;
g) take actions to encourage the higher education institution's faculty, administrators, employees and contractors to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of the colleague's religion, ethnicity, support for Israel or the Jewish people or characteristics that are protected by state and federal law;
h) protect each guest lecturer and student organizations that invite a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct, acts or processes;
i) 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, acts or processes on the higher education institution's campus;
ii. organizes, promotes, incites or invites the student organization's members to engage in any antisemitism or anti-Semitic conduct, acts or processes; or
iii. engages in any act, conduct or process calling for genocide of any group of persons or for the murder of members of a particular group, to the extent that the act, conduct or process creates a hostile education environment;
j) annually review and assess the higher education institution's compliance with the prohibitions; and
k) annually submit a compliance report to the Senate President and Speaker of the House of Representatives by January 10 of each year.
Miscellaneous
18. Requires, within 30 days of the effective date:
a) ADE to transmit a copy of the Act to each public school and career technical education district (CTED) that provides instruction to adult learners in Arizona;
b) the Arizona Board of Regents to transmit a copy of the Act to each public university; and
c) the Arizona State Board for Private Postsecondary Education to transmit a copy of the Act to each private postsecondary educational institution in Arizona.
19. Defines antisemitism.
20. Defines hostile education environment to mean 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 or school faculty member, administrator, employee, official or contractor.
21. Defines higher education institution as a public university, an Arizona community college district, a CTED that provides instruction to adult learners or an Arizona private postsecondary institution.
22. Designates this legislation as the Antisemitism in Education Act.
23. Makes conforming changes.
24. Becomes effective on the general effective date.
House Action
ED 2/18/25 DPA 8-4-0-0
3rd Read 3/3/25 38-20-2
Prepared by Senate Research
March 17, 2025
MH/ci