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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: ED DPA 8-4-0-0 | 3rd Read 38-20-2-0
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HB 2867: antisemitism; public schools; prohibition; penalties
Sponsor: Representative Way, LD 15
Senate Engrossed
Overview
Establishes prohibitions for public schools, teachers, higher education institutions, faculty members, the state and state agencies regarding the teaching or promoting of antisemitism or anti-Semitic conduct, acts or processes (antisemitism or anti-Semitic conduct). Details civil liability and discipline procedures for violations of the prohibitions.
History
On May 26, 2016, the member states of the International Holocaust Remembrance Alliance (IHRA) adopted a non-legally binding working definition of antisemitism. Under the IHRA working definition, antisemitism means a certain perception of Jews, which may be expressed as hatred towards Jews. Antisemitism includes rhetorical and physical manifestations of antisemitism [that] are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. The IHRA maintains contemporary examples of antisemitism in public life, the media, schools, the workplace and in the religious sphere (U.S. Department of State) (IHRA Antisemitism Working Definition).
Provisions
Prohibitions on Antisemitism and Anti-Semitic Conduct
1. Prohibits a public school, teacher, principal, school administrator or volunteer or contractor of a public school and a faculty member, administrator, employee, contractor or volunteer of a higher education institution from:
a) teaching, instructing or training students, or promoting or providing professional development, in any antisemitism or anti-Semitic conduct that constitutes harassment or discrimination and that creates a hostile education or work environment;
b) calling for the genocide or murder of any group; or
c) requiring a student to advocate for an anti-Semitic point of view or promote anti-Semitic conduct to receive coursework credit across every subject area, to receive credits necessary for high school graduation or to complete a degree or certificate program. (Sec. 1, 3)
2. Restricts the state, state agencies, public schools, teachers, higher education institutions and faculty members, employees and contractors of higher education institutions from:
a) applying for, soliciting, receiving or using monies or in-kind goods or services from any source for:
i. teaching, instructing or training students in antisemitism or anti-Semitic conduct;
ii. developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct;
iii. providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct; or
iv. hiring or retaining a contractor for any of the aforementioned purposes;
b) using any public monies to support the costs of teaching antisemitism or anti-Semitic conduct;
c) providing grants or other monies to other state agencies, public schools, teachers, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct; and
d) accepting or using monies intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct to public school students or students who are enrolled in the higher education institution. (Sec. 1, 3)
3. Prevents a public school and higher education institution from:
a) taking any adverse employment action against a teacher, administrator or school employee or faculty member, administrator, employee or contractor because the individual refused to teach, promote, support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct;
b) requiring a teacher, administrator or school employee or faculty member, administrator, employee or contractor, as a condition of employment, to complete a curriculum that includes any antisemitism or anti-Semitic conduct; or
c) awarding academic credit to a high school student or to a student of a higher education institution for completing a course that includes or promotes any antisemitism or anti-Semitic conduct. (Sec. 1, 3)
4. Details that adverse employment action includes penalties and discrimination. (Sec. 1, 3)
Civil Liability and Discipline
5. Authorizes a student who is at least 18 years old, or a minor student's parents, to bring an action in a court of competent jurisdiction to enjoin any violation of the prohibitions that creates a hostile education environment. (Sec. 1, 3)
6. Declares an individual, public school or higher education institution that is a named defendant in a civil action is not immune from civil liability, and each individual is personally liable for any damages arising from their conduct in violation of the prohibitions. (Sec. 1, 3)
7. Prohibits the state, a state agency, public school or higher education institution from using taxpayer monies to:
a) satisfy a judgment entered against the state, a state agency, public school or higher education institution in an action brought by an adult student or minor student's parents; or
b) reimburse a defendant found liable for a violation of the prohibitions. (Sec. 1, 3)
8. Details the damages, costs and fees a court may award in an action brought by an adult student or a minor student's parents. (Sec. 1, 3)
9. Establishes the following reporting processes for alleged violations of the prohibitions:
a) a student, parent, teacher or member of the public may report an alleged violation of the prohibitions to the Arizona Department of Education (ADE); or
b) a student, parent, faculty member or member of the public to report an alleged violation of the prohibitions to the highest-ranking official at the higher education institution. (Sec. 1, 3)
10. Directs ADE, if the Superintendent of Public Instruction (SPI) determines a teacher or principal has knowingly or recklessly violated the prohibitions, to notify the State Board of Education (SBE). (Sec. 1)
11. Instructs SBE to take the following action against the teacher or principal who is found to have violated the prohibitions:
a) for a first offense, issue a formal reprimand;
b) for a second offense, suspend the teacher's or principal's certificate for a period determined by SBE based on the severity and circumstances of the violation; and
c) for a third offense, revoke the teacher's or principal's certificate. (Sec. 1)
12. Requires the highest-ranking official of a higher education institution to initiate an internal investigation of any report received within 15 days after receipt. (Sec. 3)
13. Directs the highest-ranking official of a higher education institution, if the official is notified that a faculty member, administrator, employee or contractor has been found responsible for a violation of the prohibitions in a civil action brought by an adult student or a minor student's parents, or if the official determines the individual has knowingly or recklessly violated the prohibitions after conducting an investigation, to take the following action against the person:
a) for a first offense, issue a formal reprimand;
b) for a second offense, suspend the individual without pay for a period determined by the official based on the severity and circumstances of the violation; and
c) for a third offense, terminate the individual's employment. (Sec. 3)
14. Asserts the prohibitions do not:
a) prohibit any individual from discussing or using instructional materials as part of a course of instruction about the history of Jews, Judaism or the State of Israel; and
b) do not diminish or infringe on any right protected under the Arizona Constitution or the First Amendment. (Sec. 1, 3)
15. Requires SBE to adopt rules to implement and enforce the prohibitions, subject to approval by the SPI. (Sec. 1)
Higher Education Institution Review and Compliance Requirements
16. Requires each higher education institution to:
a) revise its policies and procedures to implement and enforce the prohibitions and notify all employees and contractors of the revised policies;
b) consider as a negative factor, in any employment or tenure decision, any confirmed report that a faculty member, administrator, employee or contractor violated the prohibitions;
c) review its grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies to promote antisemitism or anti-Semitic conduct;
d) review its employee training programs to ensure compliance with the prohibitions;
e) ensure that each employee and contractor complies with the prohibitions;
f) take actions to encourage employees and contractors to not discriminate against their Jewish and non-Jewish colleagues on the basis of the colleague's:
i. religion, ethnicity or support for the State of Israel or Jewish people; or
ii. characteristics that are protected by federal or state law;
g) protect each guest lecturer and student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct;
h) refuse to recognize or revoke the recognition of and support for any student organization that:
i. invites a guest speaker who incites any antisemitism or anti-Semitic conduct on campus;
ii. organizes, promotes, incites or invites its members to engage in antisemitism or anti-Semitic conduct; or
iii. engages in any act, conduct or process calling for the genocide of any group or the murders of members of a particular group to the extent that the act, conduct or process creates a hostile education environment; and
i) annually review and assess its compliance with the prohibitions and submit a compliance report to the Legislature by January 10 annually. (Sec. 3)
Miscellaneous
17. Defines antisemitism, hostile education environment and higher education institution. (Sec. 1, 3)
18. Directs ADE, the Arizona Board of Regents and the State Board for Private Postsecondary Education, within 30 days of the general effective date, to transmit a copy of this legislation to specified educational institutions. (Sec. 4)
19. Entitles this legislation as the Antisemitism in Education Act. (Sec. 5)
20. Makes conforming changes. (Sec. 2)
Senate Amendments
Prohibitions on Antisemitism and Anti-Semitic Conduct
1. Removes the state and state agencies from the entities that are subject to the prescribed prohibitions on antisemitism and anti-Semitic conduct.
2. Deletes language that prevents a public school and higher education institution from awarding academic credit to a high school student or to a student of a higher education institution for completing a course that includes or promotes any antisemitism or anti-Semitic conduct.
Public School Civil Liability and Discipline
3. Allows specified individuals to report an alleged violation of the prohibitions to the highest-ranking official of the public school or the official's designee, rather than to ADE.
4. Specifies a report may identify multiple alleged violations of the prohibitions.
5. Instructs the highest-ranking official of the public school or the official's designee to determine:
a) in writing whether a violation occurred; and
b) whether a teacher or principal who is the subject of the report knowingly or recklessly violated the prohibitions.
6. Directs the highest-ranking official of the public school or the official's designee, if the official or designee determines that a violation occurred, to:
a) act to correct the violation within 30 days after receiving the report; and
b) notify SBE.
7. Enables specified individuals to appeal a determination made or action taken by the highest-ranking official of a public school or the official's designee by filing a complaint with the school district governing board (governing board) or charter school governing body (governing body).
8. Mandates a governing board or governing body:
a) hold a hearing to determine whether a violation occurred; and
b) act to resolve the violation within 30 days after receiving the appeal if the governing board or governing body determines that a violation occurred.
9. Requires, if a governing board or governing body determines that a teacher or principal knowingly or recklessly violated the prohibitions, that:
a) the governing board or governing body notify SBE; and
b) SBE take appropriate action against the teacher or principal as outlined.
10. Provides that any governing board or governing body determination must include an explanation.
11. Authorizes specified individuals, after the public school has had the opportunity to resolve the complaint as prescribed, to file a complaint with SBE for an alleged violation of the prohibitions.
12. Instructs SBE, if it determines that a violation occurred, to notify the public school that it is in violation of the prohibitions.
13. Directs SBE, if it determines that a teacher or principal knowingly or recklessly violated the prohibitions, to take the appropriate action against the teacher or principal as prescribed.
14. Asserts that specified individuals may bring an action to enjoin any violation of the prohibitions as outlined after SBE makes a determination of the allegations in the complaint.
15. Requires a court to hold a trial de novo for an action brought by specified individuals as outlined and decide all questions of fact without deference to any previous determination.
16. Details the criteria that must be met for the specified individuals to prevail in an action.
Higher Education Civil Liability and Discipline
17. Permits specified individuals to report an alleged violation of the prohibitions to the designee of the highest-ranking official at a higher education institution.
18. Specifies a report may identify multiple alleged violations of the prohibitions.
19. Directs the highest-ranking official at a higher education institution or the official's designee to determine:
a) in writing whether a violation occurred; and
b) whether each individual who is the subject of the report knowingly or recklessly violated the prohibitions.
20. Instructs the highest-ranking official of the higher education institution or the official's designee, if the official or designee determines that a violation occurred, to act to correct the violation within 30 days after receiving the report.
21. Allows specified individuals to file a complaint with the Arizona Board of Regents (ABOR) or the community college district (CCD) governing board for an alleged violation of the prohibitions after the higher education institution that is the subject of the complaint has had the opportunity to resolve the complaint as outlined.
22. Directs ABOR or a CCD governing board, if ABOR or the CCD governing board determines that a violation occurred, to notify the higher education institution that it is in violation of the prohibitions.
23. Requires the following to occur if ABOR or the CCD governing board determines that a faculty member, administrator, employee or contractor knowingly or recklessly violated the prohibitions:
a) ABOR or the CCD governing board must notify the highest-ranking official at the higher education institution or the official's designee; and
b) the official or designee must take the appropriate action against the faculty member, administrator, employee or contractor as outlined.
24. Asserts that specified individuals may bring an action to enjoin any violation of the prohibitions as outlined only after ABOR or the CCD governing board makes a determination as prescribed.
25. Requires a court to hold a trial de novo for an action brought by specified individuals as outlined and decide all questions of fact without deference to any previous determination.
26. Details criteria that must be met for the specified individuals to prevail in an action.
Miscellaneous
27. Strikes the requirement that the SPI approve the rules adopted by SBE to implement and enforce the prohibitions.
28. Deletes the requirement for each higher education institution to annually review its compliance with the prohibitions and submit a compliance report to the Legislature.
29. Modifies the definition of antisemitism to require the antisemitism to be:
a) an act or acts; or
b) speech that is not protected by the Arizona Constitution or the First Amendment.
30. Alters the definition of higher education institution by removing:
a) a CTED that provides instruction to adult students; and
b) a licensed private postsecondary education institution that receives monies from the state or a political subdivision of the state.
31. Strikes the requirement that a copy of this legislation be transmitted to each CTED that provides instruction to adult learners and to each licensed private postsecondary education institution.
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HB 2867
Initials CH Page 0 Senate Engrossed
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