Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-511, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-511. Use of school district or charter
school resources or employees to influence elections; prohibition; additional
responsibilities of teachers; civil penalty; unprofessional conduct; definition
A. A person acting on behalf of a school district or
a person who aids another person acting on behalf of a school district shall
not use school district or charter school personnel, equipment, materials, buildings
or other resources for the purpose of influencing the outcomes of
elections. Notwithstanding this section, a school district may
distribute informational reports on a proposed budget override election as
provided in section 15‑481, subsections B and C or informational reports
on a proposed bond election as provided in section 15‑491,
subsection D. Nothing in this section precludes a school district from
reporting on official actions of the governing board.
B. An employee of a school district or charter
school who is acting as an agent of or working in an official capacity for the
school district or charter school may not give pupils written materials to
influence the outcome of an election or to advocate support for or opposition
to pending or proposed legislation.
C. Employees of a school district or charter school
may not use the authority of their positions to influence the vote or political
activities of any subordinate employee.
D. A teacher
who is acting as an agent of or who is working in an official capacity for a
school district or charter school shall not:
1. Endorse,
support or oppose any candidate or nominee for local, state or federal public
office or any elected or appointed local, state or federal official.
2. Endorse,
support or oppose any pending, proposed or enacted local, state or federal
legislation, regulation or rule.
3. Endorse,
support or oppose any pending or proposed litigation in a local, state or
federal court or endorse, support or oppose any judicial action taken by a
local, state or federal court.
4. Advocate
one side of a social, political or cultural issue that is a matter of partisan
controversy.
5. Endorse,
support or engage in any activities that hamper or impede the lawful access of
military recruiters to campus.
6. Endorse,
support or engage in any activities that hamper or impede the actions of local,
state or federal law enforcement.
D. E. Nothing contained
in this section shall be construed as denying the civil and political liberties
of any person as guaranteed by the United States and Arizona Constitutions.
E. F. By January 1, 2004, The attorney general shall
publish and distribute to school districts and charter schools a detailed
guideline regarding activities prohibited under this section. The attorney
general may distribute these guidelines through a web site website or electronically.
G. By
January 1, 2008, the state board of education shall publish and distribute to
school districts, charter schools, teachers, parents and pupils detailed guidelines
regarding the rights and responsibilities of school districts, charter schools,
teachers, parents and pupils under subsection D of this section.
H. In
addition to the civil penalty prescribed in this section, a certificated
teacher who violates subsection D of this section shall be deemed to commit an
unprofessional act and shall be subject to disciplinary action, including
suspension and revocation of the teacher's certificate, as the state board of
education deems appropriate.
I. The state
board of education shall require teachers to obtain at least three hours of
annual training concerning the responsibilities of teachers under subsection D
of this section.
F. J. The attorney
general or the county attorney for the county in which an alleged violation of
this section occurred may initiate a suit in the superior court in the county
in which the school district or charter school is located for the purpose of
complying with this section.
G. K. For each
violation of this section, the court may impose a civil penalty not to exceed
five hundred dollars plus any amount of misused funds subtracted from the
school district budget against a person who knowingly violates or a person who
knowingly aids another person in violating this section. The person determined
to be out of compliance with this section shall be responsible for the payment
of all penalties and misused funds. School district funds or insurance
payments shall not be used to pay these penalties or misused funds. All
misused funds collected pursuant to this section shall be returned to the
school district or charter school whose funds were misused.
H. L. An attorney
acting on behalf of a public school may request a legal opinion of the county
attorney or attorney general as to whether a proposed use of school district
resources would violate this section.
I. M. All penalties
collected by the court for a suit initiated in superior court by the attorney
general shall be paid to the office of the attorney general for the use and
reimbursement of costs of prosecution pursuant to this section. All
penalties collected by the court for a suit initiated in superior court by a
county attorney shall be paid to the county treasurer of the county in which
the court is held for the use and reimbursement of costs of prosecution
pursuant to this section.
J. N. For the purposes
of this section, "misused funds" means school district monies or
resources used pursuant to subsection A of this section. END_STATUTE
Sec. 2. Title
15, chapter 14, Arizona Revised Statutes, is amended by adding article 8, to
read:
ARTICLE
8. PROHIBITED CONDUCT OF
PUBLIC
POSTSECONDARY INSTRUCTORS
START_STATUTE15-1881 Prohibited conduct of instructors;
civil penalty; definition
A. An instructor at a UNIVERSITY under the
jurisdiction of the Arizona board of regents or at a community college under
the jurisdiction of a community college district who is acting as an agent of
or who is working in an official capacity for a university or community college
shall not:
1. Endorse,
support or oppose any candidate or nominee for local, state or federal public
office or any elected or appointed local, state or federal official.
2. Endorse,
support or oppose any pending, proposed or enacted local, state or federal
legislation, regulation or rule.
3. Endorse,
support or oppose any pending or proposed litigation in a local, state or
federal court or endorse, support or oppose any judicial action taken by a
local, state or federal court.
4. Advocate
one side of a social, political or cultural issue that is a matter of partisan
controversy.
5. Endorse,
support or engage in any activities that hamper or impede the lawful access of
military recruiters to campus.
6. Endorse,
support or engage in any activities that hamper or impede the actions of local,
state or federal law enforcement.
B. Nothing
contained in this section shall be construed as denying the civil and political
liberties of any person as guaranteed by the United States and Arizona
Constitutions.
C. The
attorney general shall publish and distribute to universities under the
jurisdiction of the Arizona board of regents and community colleges under the
jurisdiction of a community college district a detailed guideline regarding
activities prohibited under this section. The attorney general may distribute
these guidelines through a website or electronically.
D. By
January 1, 2008, the Arizona board of regents shall publish and distribute to
universities under its jurisdiction, instructors, parents and students
detailed guidelines regarding the rights and responsibilities of universities,
instructors, parents and students under subsection A. By January 1, 2008, each
community college district shall publish and distribute to the community
colleges under its jurisdiction, instructors, parents and students detailed
guidelines regarding the rights and responsibilities of community colleges,
instructors, parents and students under subsection A.
E. In
addition to the civil penalty prescribed in this section, an instructor who
violates subsection A shall be subject to disciplinary action, including
suspension or termination of employment, as the Arizona board of regents or the
governing board of the community college, as applicable, deems appropriate.
F. The Arizona board regents shall require instructors to obtain at least three hours of annual
training concerning the responsibilities of instructors under subsection A.
Each community college district shall require instructors to obtain at least
three hours of annual training concerning the responsibilities of instructors
under subsection A.
G. The
attorney general or the county attorney for the county in which an alleged
violation of this section occurred may initiate a suit in the superior court in
the county in which the university or community college is located for the
purpose of complying with this section.
H. For each
violation of this section, the court may impose a civil penalty not to exceed
five hundred dollars against a person who knowingly violates or a person who
knowingly aids another person in violating this section. The person determined
to be out of compliance with this section shall be responsible for the payment
of all penalties. University or community college funds or insurance payments
shall not be used to pay these penalties.
I. All
penalties collected by the court for a suit initiated in superior court by the
attorney general shall be paid to the office of the attorney general for the
use and reimbursement of costs of prosecution pursuant to this
section. All penalties collected by the court for a suit initiated
in superior court by a county attorney shall be paid to the county treasurer of
the county in which the court is held for the use and reimbursement of costs of
prosecution pursuant to this section. END_STATUTE
Sec. 3. Legislative intent
In addition to the statutory requirements of this act, the
legislature intends by this act to call on this state's professional teacher
organizations and teacher labor unions to voluntarily adopt an educator's code
of ethics and professional responsibility that incorporates the principles of
this act and that specifically prohibits teachers from using their classrooms
for the purposes of political indoctrination.
