HB2867 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.05, to read:

START_STATUTE15-120.05. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; discipline; enforcement; civil liability; rules; definitions

A. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not:

1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment.

2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment.

3. Call for genocide of any group of persons or for the murder of members of a particular group.

4. Require 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.

B. public schools and teachers may not:

1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:

(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.

(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.

(c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.

(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.

2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.

3. Provide grants or other monies to other public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.

4. Accept or use 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.

C. A public school may not:

1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or other school employee refused 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. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.

2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.

D. A student, a student's parent, a teacher or a member of the public may report an alleged violation of this section to the highest ranking official of the public school or the official's designee. a report made pursuant to this subsection may identify multiple alleged violations of this section. The official or designee shall determine in writing whether a violation occurred and, if the subject of the report is a teacher or principal, whether the teacher or principal knowingly or recklessly violated this section. If the official or designee determines that a violation occurred, the official or designee shall both act to correct the violation within thirty days after receiving the report and notify the state board of education. if the state board of education is notified that a teacher or principal has been found to have knowingly or recklessly violated this section pursuant to this subsection or subsection E or G of this section, the state board of education shall take the following action against the teacher or principal:

1. For a first violation, issue a formal reprimand.

2. For a second violation, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation.

3. For a third violation, revoke the teacher's or principal's certificate.

E. A student, a student's parent or a teacher or employee of a school district or charter school may appeal a determination made or action taken under subsection D of this section by filing a complaint with the school district governing board or charter school governing body. The governing board or governing body shall hold a hearing to determine whether a violation occurred and, if the governing board or governing BODY determines that a violation occurred, act to resolve the violation within thirty days after receiving the appeal. If the governing board or governing body determines that a teacher or principal knowingly or recklessly violated this section, the governing board or governing body shall notify the state board of education, and the state board shall take the appropriate action against the teacher or principal pursuant to subsection D of this section. Any determination made under this subsection must include an explanation of the determination.

F. A student, a student's parent or a teacher or employee of a public school may file a complaint with the state board of education for an alleged violation of this section after the public school that is the subject of the complaint has had the opportunity to resolve the complaint as prescribed in subsections D and E of this section. If the state board determines that a violation occurred, the state board shall notify the public school that it is in violation of this section. If the state board determines that a teacher or principal knowingly or recklessly violated this section, the state board shall take the appropriate action against the teacher or principal pursuant to subsection D of this section.

G. After the state board of education makes a determination pursuant to subsection F of this section, A student who is at least eighteen years of age or the parent of a minor student may bring an action in a court of competent jurisdiction to enjoin any violation of this section that is alleged in the complaint filed pursuant to subsection F of this section and that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. a public school may not use taxpayer monies to satisfy a judgment that is entered against the public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection. A COURT SHALL HOLD A TRIAL DE NOVO FOR AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION AND SHALL DECIDE ALL QUESTIONS OF FACT WITHOUT DEFERENCE TO ANY PREVIOUS DETERMINATION THAT HAS BEEN MADE PURSUANT TO THIS SECTION. TO PREVAIL IN AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION, THE STUDENT OR STUDENT'S PARENT MUST PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT EACH ALLEGED VIOLATION OCCURRED AND MEt ALL OF THE FOLLOWING:

1. WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.

2. WAS CHARACTERIZED BY ANTISEMITISM.

3. WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

4. CREATED A HOSTILE EDUCATION ENVIRONMENT for the student.

H. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.

I. The state board of education shall adopt rules to implement and enforce this section.

J. For the purposes of this section:

1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition, if the antisemitism is at least one of the following:

(a) an act or Acts.

(b) Speech that is not protected by either the Constitution of Arizona or the First Amendment to the Constitution of the United States.

2. "Hostile education environment" means AN ENVIRONMENT IN WHICH 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, faculty member, school administrator, school employee, school official or school contractor. END_STATUTE

Sec. 2. Heading change

A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION".

B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES".

Sec. 3. Title 15, chapter 18, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2. ANTISEMITISM PREVENTION

START_STATUTE15-2311. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; discipline; enforcement; civil liability; policies; definitions

A. A faculty member, administrator, employee, contractor or volunteer of a higher education institution may not:

1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education environment.

3. Call for genocide of any group of persons or for the murder of members of a particular group.

B. higher education institutions and faculty members, employees and contractors of higher education institutions may not:

1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:

(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.

(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.

(c) providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.

(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.

2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.

3. Provide grants or other monies to other higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.

C. A higher education institution may not:

1. take any adverse employment action against a faculty member, administrator, employee or contractor because the individual refused 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. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.

2. Require a faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.

D. A student, a student's parent, a faculty member or a member of the public may report an alleged violation of this section to the highest ranking official at a higher education institution OR THE OFFICIAL'S DESIGNEE. A report made pursuant to this subsection may identify multiple alleged violations of this section. The official or DESIGNEE shall initiate an internal investigation of any report received pursuant to this subsection not later than fifteen days after receipt. The official or designee shall determine in writing whether a violation occurred and, if the subject of the report is one or more individuals, whether each individual knowingly or recklessly violated this section. If the official or designee determines that a violation occurred, the official or designee shall act to correct the violation within thirty days after receiving the report. Notwithstanding section 15-1896, if the official OR DESIGNEE is notified that a faculty member, administrator, employee or contractor has been found to have knowingly or recklessly violated this section pursuant to subsection E or F of this section or if, following an investigation conducted pursuant to this subsection, the official OR DESIGNEE determines that a faculty member, administrator, employee or contractor knowingly or recklessly violated this section, the official or designee shall take the following action against the faculty member, administrator, employee or contractor:

1. For a first violation, issue a formal reprimand.

2. For a second violation, suspend the individual without pay for a period of time determined by the official based on the severity and circumstances of the violation.

3. For a third violation, terminate the individual's employment.

E. A student, a student's parent, a faculty member or a member of the public may file a complaint with the Arizona board of regents or the community college district governing board, whichever applies, for an alleged violation of this section after the higher education institution that is the subject of the complaint has had the opportunity to resolve the complaint as prescribed in subsection D of this section. If the board determines that a violation occurred, the board shall notify the higher education institution that it is in violation of this section. If the board determines that a faculty member, administrator, employee or contractor knowingly or recklessly violated this section, the board shall notify the highest ranking official at the higher education institution, or the official's designee, and the official or designee shall take the appropriate action against the faculty member, administrator, employee or contractor pursuant to subsection D of this section.

F. A student who is at least eighteen years of age or the parent of a minor student may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student only after the Arizona board of regents or the community college district governing board, whichever applies, makes a determination pursuant to subsection E of this section. Notwithstanding any other law, an individual or a higher education institution that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. a higher education institution may not use taxpayer monies to satisfy a judgment that is entered against the higher education institution in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection. A COURT SHALL HOLD A TRIAL DE NOVO FOR AN ACTION BROUGHT PURSUANT TO this SUBSECTION AND SHALL DECIDE ALL QUESTIONS OF FACT WITHOUT DEFERENCE TO ANY PREVIOUS DETERMINATION THAT HAS BEEN MADE PURSUANT TO THIS SECTION. TO PREVAIL IN AN ACTION BROUGHT PURSUANT TO this SUBSECTION, THE STUDENT OR STUDENT'S PARENT MUST PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT EACH ALLEGED VIOLATION OCCURRED AND MET ALL OF THE FOLLOWING:

1. WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.

2. WAS CHARACTERIZED BY ANTISEMITISM.

3. WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

4. CREATED A HOSTILE EDUCATION ENVIRONMENT for the student.

G. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.

H. Each higher education institution shall:

1. revise the higher education institution's policies and procedures, including any policy relating to tenure, to implement and enforce this section and notify all employees and contractors of the revised policies.

2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section.

3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote any antisemitism or anti-Semitic conduct, act or process.

4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section.

5. Ensure that each employee and contractor of the higher education institution complies with the requirements of this section, including any contractor that is hired by the higher education institution to provide training or a workshop, forum or other program to the higher education institution's employees.

6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either:

(a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people.

(b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state.

7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct, acts or processes.

8. Refuse to recognize or shall revoke the recognition of and support for any student organization that either:

(a) Invites a guest speaker who incites any antisemitism or anti-Semitic conduct, acts or processes on the higher education institution's campus.

(b) Organizes, promotes, incites or invites the student organization's members to engage in any antisemitism or anti-Semitic conduct, acts or processes.

(c) 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.

I. For the purposes of this section:

(a) an act or Acts.

(b) Speech that is not protected by either the Constitution of Arizona or the First Amendment to the Constitution of the United States.

2. "Higher education institution" means either of the following:

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

(b) A community college as defined in section 15-1401.

3. "Hostile education environment" means AN ENVIRONMENT IN WHICH 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, faculty member, school administrator, school employee, school official or school contractor.

END_STATUTE

Sec. 4. Notification to public schools and higher education institutions

Not later than thirty days after the effective date of this act:

1. The department of education shall transmit a copy of this act to each public school in this state.

2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents.

Sec. 5. Short title

This act may be cited as "Antisemitism in Education Act".