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Conference Engrossed
baccalaureate degrees; substitute certificates race; ethnicity; sex; classroom instruction (now: race; ethnicity; prohibited instruction) |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SENATE BILL 1412 |
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An Act
repealing sections 15-711.01 and 15-717.02, Arizona Revised Statutes; amending title 15, chapter 7, article 1, Arizona Revised Statutes, by adding new sections 15-711.01 and 15-717.02; relating to instruction.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Sections 15-711.01 and 15-717.02, Arizona Revised Statutes, are repealed.
Sec. 2. Title 15, chapter 7, article 1, Arizona Revised Statutes, is amended by adding new sections 15-711.01 and 15-717.02, to read:
15-711.01. Instruction; child assault awareness; abuse prevention
Notwithstanding any other law, age-appropriate and grade-appropriate classroom instruction regarding child assault awareness and abuse prevention is allowed.
15-717.02. Prohibited instruction; legal action; civil penalty; disciplinary action; definitions
A. An employee of, or an individual or organization that is invited to, a public school, school DISTRICT or state agency that is involved with students or teachers of preschool or kindergarten programs or any of grades one through twelve may not provide instruction to students or employees that promotes or advocates for any of the following concepts:
1. judging an individual on the basis of the individual's race or ethnicity.
2. That one race or ethnic group is inherently morally or intellectually superior to another race or ethnic group.
3. That an individual, by virtue of the individual's race or ethnicity, is inherently racist or oppressive, whether consciously or unconsciously.
4. That an individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual's race or ethnicity.
5. That an individual's moral character is determined by the individual's race or ethnicity.
6. That an individual, by virtue of the individual's race or ethnicity, bears responsibility or blame for actions committed by other members of the same race or ethnic group.
7. That academic achievement, meritocracy or traits such as a hard work ethic are racist or were created by members of a particular race or ethnic group to oppress members of another race or ethnic group.
B. A student, employee or parent of a student of a Public school, school district or state agency may file a complaint with an appropriate administrator designated by the Public school, school district or state agency regarding an alleged violation of this section if the student, employee or parent's child who is a student allegedly receives instruction in violation of subsection A of this section. A student, employee or parent of a student of a Public school, school district or state agency may not file more than one complaint of an alleged violation under this subsection in any thirty-day period. A complaint may identify multiple violations of this section. The designated administrator shall determine whether the violation occurred and, if a violation occurred, act to resolve the complaint. For the purposes of this subsection, the designated administrator of:
1. A school district or a school operated by a school district is the school district superintendent.
2. A charter school is the charter school operator.
c. A student, employee or parent of a student may appeal a determination made or action taken under subsection b of this section by a school district superintendent or charter school operator by filing a complaint with the school district governing board or charter school governing body. The school district governing board or charter school governing body shall schedule a hearing to determine whether the violation occurred and, if a violation occurred, act to resolve the complaint within thirty days after receiving the complaint. Any decision made under this subsection must include an explanation of the decision.
D. A student, employee or parent of a student of a public school, school district or state agency may file a complaint with the state board of education or the superintendent of public instruction for an alleged violation of this section after the public school, school district or state agency that is the subject of the complaint has had the opportunity to resolve the complaint as prescribed in subsections B and C of this section.
E. If the state board of education or the superintendent of public instruction determines that a public school, school district or state agency is in violation of subsection A of this section, the state board or the superintendent shall notify the public school, school district or state agency that it is in violation of subsection A of this section and may impose a civil penalty of not more than $5,000 for each violation. If the state board or the superintendent determines that the public school, school district or state agency has failed to correct the violation within thirty days after notice is issued pursuant to this subsection, the state board or the superintendent shall impose a civil penalty of not more than $5,000 for each day the violation continues after the thirty-day period. Actions taken under this subsection are subject to appeal pursuant to title 41, chapter 6, article 10.
F. A certificated or noncertificated person, as defined in section 15-505, who violates subsection A of this section may be subject to disciplinary action pursuant to section 15-203, subsection A, paragraph 20, including the suspension or revocation of the person's certificate or disciplinary action described in section 15-505, as the state board of education deems appropriate.
G. This section does not prevent an employee of a public school, school district or state agency or an individual or organization that is invited to a public school, school district or state agency to provide instruction to students or employees from identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including, but not limited to, slavery, Indian removal, the holocaust or Japanese-American internment.
H. For the purposes of this section:
1. "Employee" means an employee of a public school, school district or state agency who is acting in the course of the employee's official duties.
2. "Instruction" includes any of the following:
(a) Educational activities.
(b) Training.
(c) Instruction that is part of a teacher preparation program, continuing education or professional development.
3. "State agency" means a state agency that is involved with students or teachers of preschool or kindergarten programs or any of grades one through twelve.