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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
Vetoed by the Governor
Overview
Cited as the Antisemitism in Education Act, establishes prohibitions for public schools, public school employees, higher education institutions and higher education institution employees regarding the teaching or promoting of antisemitism or anti-Semitic conduct, acts or processes (antisemitism or anti-Semitic conduct). Details investigation, discipline and civil liability procedures for violations of the prohibitions.
History
On May 26, 2016, the 31 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. The IHRA's working definition of antisemitism was adopted by the U.S. State Department (U.S. State Department) (IHRA Antisemitism Working Definition).
Provisions
Prohibitions on Antisemitism and Anti-Semitic Conduct
1. Prohibits a public school, teacher, principal, administrator or volunteer or contractor for 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 of any group or the murder of members of a 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 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 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 other 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; or
b) requiring a teacher, administrator or other 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. (Sec. 1, 3)
4. Details that adverse employment action includes penalties and discrimination. (Sec. 1, 3)
Public School Investigation and Discipline Procedures
5. Allows a student, student's parent, teacher or member of the public to report an alleged violation of the prohibitions to the highest ranking official of the public school or the official's designee (school official or designee). (Sec. 1)
6. Permits a report to identify multiple alleged violations of the prohibitions. (Sec. 1)
7. Instructs the school official or designee to determine in writing whether:
a) a violation occurred; and
b) if the subject of the report is a teacher or principal, if the teacher or principal knowingly or recklessly violated the prohibitions. (Sec. 1)
8. Directs the school official or designee, if the school 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 the State Board of Education (SBE). (Sec. 1)
9. Requires SBE, if SBE is notified that a teacher or principal was found to have knowingly or recklessly violated the prohibitions, to take the following action against the teacher or principal:
a) for a first violation, issue a formal reprimand;
b) for a second violation, 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 violation, revoke the teacher's or principal's certificate. (Sec. 1)
10. Enables a student, student's parent or a school district or charter school teacher or employee to appeal a determination made or action taken by the school official or designee by filing a complaint with the school district governing board (governing board) or charter school governing body (governing body). (Sec. 1)
11. 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. (Sec. 1)
12. 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 the prescribed disciplinary action against the teacher or principal. (Sec. 1)
13. Requires a governing board or governing body determination to include an explanation. (Sec. 1)
14. Authorizes a student, student's parent or a public school teacher or employee, after the public school has had the opportunity to resolve the complaint, to file a complaint with SBE for an alleged violation of the prohibitions. (Sec. 1)
15. Directs SBE to:
a) notify the public school that the public school is in violation of the prohibitions if SBE determines that a violation occurred; and
b) take the prescribed disciplinary action against the teacher or principal if SBE determines that a teacher or principal knowingly or recklessly violated the prohibitions. (Sec. 1)
16. Requires SBE to adopt rules to implement and enforce the prohibitions. (Sec. 1)
Higher Education Institution Investigation and Discipline Procedures
17. Allows 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 or the official's designee (institution official or designee). (Sec. 3)
18. Permits a report to identify multiple alleged violations of the prohibitions. (Sec. 3)
19. Requires institution official or designee to initiate an internal investigation of any report received within 15 days after receipt. (Sec. 3)
20. Instructs the institution official or designee to determine in writing whether:
a) a violation occurred; and
b) if the subject of the report is one or more individuals, whether each individual knowingly or recklessly violated the prohibitions. (Sec. 3)
21. Mandates the institution official or designee, if the institution official or designee determines that a violation occurred, act to correct the violation within 30 days of receiving the report. (Sec. 3)
22. Directs the institution official or designee, if the official or designee is notified that a faculty member, administrator, employee or contractor has been found to have knowingly or recklessly violated the prohibitions, 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 violation, issue a formal reprimand;
b) for a second violation, 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 violation, terminate the individual's employment. (Sec. 3)
23. Permits a student, student's parent, faculty member or member of the public, after the higher education institution has had the opportunity to resolve the complaint, to file a complaint with the Arizona Board of Regents (ABOR) or community college district (CCD) governing board. (Sec. 3)
24. Requires ABOR or the CCD governing board to:
a) notify the higher education institution that it is in violation of the prohibitions, if ABOR or the CCD governing board determine that a violation occurred; and
b) notify the institution official or designee if ABOR or the CCD governing board determine that a faculty member, administrator, employee or contractor knowingly or recklessly violated the prohibitions. (Sec. 3)
25. Mandates the institution official or designee take the prescribed disciplinary action against the faculty member, administrator, employee or contractor after ABOR's or the CCD governing board's determination. (Sec. 3)
Court Procedures and Civil Liability
26. Authorizes a student who is at least 18 years old, or a minor student's parent, to bring an action in a court of competent jurisdiction to enjoin any violation of the prohibitions that creates a hostile education environment after:
a) SBE makes a determination of a complaint as prescribed; or
b) ABOR or the CCD governing board makes a determination as prescribed. (Sec. 1, 3)
27. 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)
28. Prohibits a public school or higher education institution from using taxpayer monies to:
a) satisfy a judgment entered against the public school or higher education institution in an action brought by an adult student or minor student's parent; or
b) reimburse a defendant found liable for a violation of the prohibitions. (Sec. 1, 3)
29. Permits the court to actual, consequential and punitive damages, court costs and reasonable attorney fees in an action brought. (Sec. 1, 3)
30. Requires a court to hold a trial de novo for an action brought and decide all questions of fact without deference to any previous determination. (Sec. 1, 3)
31. Provides that to prevail in an action brought, the student or student's parent must provide by a preponderance of the evidence that each alleged violation occurred and:
a) was committed by one or more named defendants;
b) was characterized by antisemitism;
c) was not speech protected by the Arizona Constitution or the First Amendment; and
d) created a hostile educational environment for the student. (Sec. 1, 3)
32. 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)
Higher Education Institution Review and Compliance Requirements
33. 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; and
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. (Sec. 3)
Miscellaneous
34. Defines antisemitism as antisemitism as defined by the IHRA on May 26, 2016 and adopted by the U.S. State Department, including the contemporary examples of antisemitism identified in the definition, if the antisemitism is:
a) an act or acts; and
b) speech not protected by the Arizona Constitution or the First Amendment. (Sec. 1, 3)
35. Defines hostile education environment and higher education institution. (Sec. 1, 3)
36. Directs the Arizona Department of Education and ABOR, within 30 days of the general effective date, to transmit a copy of this legislation to each public school and Arizona public university. (Sec. 4)
37. Entitles this legislation as the Antisemitism in Education Act. (Sec. 5)
38. Makes conforming changes. (Sec. 2)
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HB 2867
Initials CH Page 0 Vetoed by the Governor
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