SB1412 - 552R

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Sections 15-711.01 and 15-717.02, Arizona Revised Statutes, are repealed.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:

START_STATUTE15-711.01. 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. END_STATUTE

START_STATUTE15-717.02. Prohibited instruction; legal opinions; disciplinary action; legal action; civil penalty; applicability; definitions

A. An employee of a public educational institution who is acting in the course of the employee's official duties or an individual or organization that is invited to a public educational institution may not provide instruction to students or employees that promotes or advocates for any of the following concepts:

1. Blame or judgment on the basis of 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 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. An attorney acting on behalf of a public educational institution may request a legal opinion of the attorney general or the county attorney for the county in which the public educational institution is located as to whether a proposed action would violate this section.

c. A teacher who violates this section is subject to disciplinary action, including the suspension or revocation of the teacher's certificate, as the state board deems appropriate.

D. A student, employee or parent of a student of a public educational institution may file a complaint with an appropriate administrator designated by the public educational institution 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 educational institution 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.

E. A student, employee or parent of a student may appeal a determination made or action taken under subsection D of this section by a school district superintendent, charter school operator or designated administrator of a postsecondary institution by filing a complaint with the school district governing board, charter school governing body, Arizona board of regents or community college district governing board, as applicable. The school district governing board, charter school governing body, Arizona board of regents or community college district governing board 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.

F. Either of the following may file a claim in the superior court in the county in which the public educational institution is located for the purposes of complying with this section:

1. A student, employee or parent of a student seeking to appeal a determination made or action taken under subsection D of this section by a designated administrator of a public educational institution other than a school district, public school or postsecondary institution.

2. A student, employee or parent of a student seeking to appeal the determination made or action taken under subsection E of this section by a school district governing board, a charter school governing body, the Arizona board of regents or a community college district governing board.

G. The attorney general or the county attorney for the county in which an alleged violation of this section occurs may initiate a suit in the superior court in the county in which the public educational institution is located for the purpose of complying with this section.

h. for each day that a person violates this section, the court may impose a civil penalty not to exceed $5,000 per day on the public educational institution where the violation occurs unless the public educational institution received a legal opinion from the attorney general or the county attorney under subsection B of this section that concluded that the action that is the subject of the violation would not violate this section.

I. This section does not prevent an employee of a public educational institution or an individual or organization that is invited to a public educational institution to provide instruction to students or teachers 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.

J. Notwithstanding subsections A through I of this section:

1. This section applies to employees of postsecondary institutions or to organizations or individuals invited to postsecondary institutions only when the employee, organization or individual is providing instruction to students as part of a course or activity that is specific to and required for a teacher preparation program.

2. This section does not apply to employees of postsecondary institutions or to organizations or individuals invited to postsecondary institutions when the employee, organization or individual is providing instruction to students for either of the following:

(a) A general studies requirement.

(b) An elective course or any other course or activity that is not specific to and required for a teacher preparation program.

K. For the purposes of this section:

1. "Community college" has the same meaning prescribed in section 15-1401.

2. "Community college district" means a district as defined in section 15-1401.

3. "Instruction" includes any of the following:

(a) Educational activities.

(b) Training.

4. "Postsecondary institution" means a university under the JURISDICTION of the Arizona board of regents, a community college district or a community college.

5. "Public educational institution" means any of the following:

(a) A school district.

(b) A school that is operated by a school district.

(d) The department of education.

(e) The state board of education.

(f) The arizona state schools for the deaf and the blind.

(g) The state board for charter schools.

(h) A university under the jurisdiction of the Arizona board of regents.

(i) A community college district.

(j) A community college.END_STATUTE