Assigned to ED K-12 & HED                                                                                                          FOR COMMITTEE

ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

FACT SHEET FOR S.B. 1612

teachers; instructors; prohibited activity

Purpose

            Prohibits any instructor in a public K-12 or postsecondary institution while in the instructor’s official capacity from endorsing, supporting or opposing any political candidate or office, legislation, litigation or court action or advocating one side of a social, political or cultural issue that is a matter of partisan controversy.

Background

            Current statute prohibits a person acting on behalf of a school district, charter school or community college to use school personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcome of elections. Additionally, the employee acting in official capacity is prohibited from providing pupils written materials to influence the outcome of an election or to advocate support or opposition to pending or proposed legislation. 

            School district and community college governing boards have developed policies related to staff participation in political activities, which prohibit political activities during duty hours and while in official capacity, use of school resources to produce materials, the circulation of petitions and collection of campaign funds on school property. The discussion and debate of political issues within the classroom environment also falls under these policies.

            The Arizona Board of Regents addresses the issue of political activity in Rule 6-905, which states that employees may participate in political activity outside their employment, but shall not allow their interest in a political candidate or issue to affect the objectivity of their teaching.

            Many states have considered an academic or student bill of rights, while two states, Georgia and Pennsylvania, have passed resolutions on the topic of academic freedom.

            There is no fiscal impact to the state General Fund. However, there may be cost associated to the three mandatory hours of instruction each teacher must undertake, although it is uncertain who will bear the cost. In addition, there may be staff and materials costs for the Attorney General, State Board of Education (SBE), Arizona Board of Regents (ABOR) and community colleges to produce and distribute the required guidelines detailing the provisions of S.B. 1612.

Provisions

Prohibited Activities of Instructors

1. Prohibits a K-12, university or community college instructor who is acting as an agent or is working in an official capacity for a public educational institution from endorsing, supporting or opposing any:

a) elected or appointed official, candidate or nominee for state, federal or local office.

b) pending or proposed or enacted local state or federal legislation, regulation or rule.

c) pending or proposed local, state or federal litigation or judicial action taken in court.

2. Prohibits a K-12, university or community college instructor who is acting as an agent or is working in an official capacity for a public educational institution from advocating one side of a social, political or cultural issue that is a matter of partisan controversy.

3. Prohibits a K-12, university or community college instructor who is acting as an agent or working in an official capacity for a public educational institution from endorsing, supporting or engaging in any activities that hamper or impede the lawful access of military recruiters on campus or the actions of local, state and federal law enforcement.

Published Guidelines

4. Requires, by January 1, 2008, the SBE to publish and distribute, to all K-12 public schools, teachers, parents and pupils, detailed guidelines on their rights and responsibilities related to prohibited activities of teachers while in their official capacity.

5. Requires, by January 1, 2008, ABOR and each community college district to publish and distribute, to each public university or community college, teachers, parents and pupils, detailed guidelines on their rights and responsibilities related to prohibited activities of instructors while in their official capacity.

6. Requires the Attorney General to publish and distribute through a website or electronically, to the public universities and community college districts, a detailed guideline regarding prohibited activities of instructors.

Penalties

7. Classifies the K-12 teacher’s violation of a prohibited activity as an unprofessional act and subjects the teacher to disciplinary action, including suspension and revocation of the teacher’s certification, whichever the SBE deems appropriate, in addition to a possible civil penalty of up to $500.

8. Subjects the public university or community college instructor’s violation of a prohibited activity to a disciplinary action, including suspension and termination of employment, whichever ABOR and the community colleges deem appropriate, in addition to a possible civil penalty of up to $500.

9. Allows the Attorney General or county attorney to initiate a suit of a university or community college instructor in the superior court of the county in which a university or community college is located, and allows the court to impose a civil penalty up to $500 per violation against an instructor who knowingly commits a prohibited activity or a person who aids in the violation.

10. Stipulates the person who committed the violation to be responsible for all payments of penalties.

11. Prohibits the use of university or community college funds or insurance payments to pay the civil penalty assessed on a university or community college instructor who violates a prohibited activity.

12. Redirects all penalties collected by the court in a suit initiated by the Attorney General or county attorney back to the respective offices for use and reimbursement of prosecutorial costs related to the prohibited activities of an instructor while in official capacity.

Miscellaneous

13. Prescribes three hours of mandatory annual training for K-12, public university and community college teachers on their responsibilities related to prohibited activities while in official capacity.

14. Stipulates that the prohibited activities of a public university or community college instructor while in official capacity should not be construed as denying the civil and political liberties guaranteed to the instructor by the United States and Arizona constitutions.

15. Contains intent language.

16. Makes technical and conforming changes.

17. Becomes effective on the general effective date.

Prepared by Senate Research

February 12, 2007

DN/jas