*Sponsorship has changed since the bill was introduced
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House Engrossed
safety; school procedures; criminal classification |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 4109 |
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AN ACT
amending title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160.05; RELATING to school safety requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160.05, to read:
15-160.05. Public safety policy; school districts; requirements; notifications; annual report; posting requirement; violations; classification; definitions
A. Each school district governing board shall adopt a public safety policy that:
1. Clearly prescribes public safety procedures and protocols.
2. Designates the school district superintendent as the administrator who is responsible for implementing the public safety policy.
3. Requires the school district superintendent to do all of the following:
(a) Provide written notification to students' parents and school employees not later than twenty-four hours after any incident involving life-threatening violence, a threat of life-threatening violence or a threat of violence involving a deadly weapon or dangerous instrument that occurs in connection with the school district. A notification pursuant to this subdivision must include information about the nature of the incident and the school's response. This subdivision does not require or authorize the school district superintendent to disclose personally identifiable information about a student who is involved in an incident. If a law enforcement officer who responds to an incident described in this subdivision notifies the school district that disclosure might materially compromise a pending criminal investigation or prosecution, the superintendent shall:
(i) Request from the law enforcement agency that is responsible for the criminal investigation a written request that the school district delay disclosure.
(ii) Provide the written notification required by this subdivision as soon as practicable on receipt of notification that the investigation is complete.
(b) Immediately notify a law enforcement officer if the school district superintendent is notified of or personally observes an incident involving life-threatening violence, a threat of life-threatening violence or a threat of violence involving a deadly weapon or dangerous instrument. This subdivision does not limit or preclude the reporting by a school district or an employee of a school district of a suspected crime pursuant to section 15-341, subsection A, paragraph 30 or school district policies.
(c) Confiscate or designate one or more school administrators at each campus who are responsible for confiscating any dangerous instrument or deadly weapon that is possessed by any person on school property in violation of school policies or that is used in connection with an incident described in subdivision (a) or (b) of this paragraph until a law enforcement officer is able to take custody of the dangerous instrument or deadly weapon.
(d) Notify a law enforcement officer that the school district superintendent confiscated a dangerous instrument or deadly weapon pursuant to subdivision (c) of this paragraph as soon as practicable following the confiscation.
B. A school district may not take any retaliatory action against an employee, a student's parent, a student, an agent of this state or any other person for reporting a violation of this section.
C. Each school district shall annually compile and post a public safety report on the school district's website that includes all of the following information:
1. The number of lockdowns, shelter-in-place events and evacuations that occurred during each of the three immediately preceding school years.
2. The number of incidents involving a deadly weapon or dangerous instrument that occurred in connection with the school district during each of the three immediately preceding school years.
3. The number of incidents that the school district superintendent referred to a law enforcement officer during each of the three immediately preceding school years.
4. A summary of the public safety policy adopted pursuant to subsection A of this section and a description of the implementation of the policy.
D. A school district superintendent who knowingly or intentionally violates the requirements prescribed in subsection A, paragraph 3 of this section without good cause Is guilty of a class 1 MISDEMEANOR.
E. If a school district governing board fails to adopt a public safety policy that meets the requirements prescribed by subsection A of this section or if the school district governing board or any employee of the school district violates subsection B of this section, each member of the school district governing board Is guilty of a class 1 MISDEMEANOR.
F. A school district governing board may satisfy the requirements prescribed by subsection A of this section by adopting an emergency response plan pursuant to section 15-341, subsection A, paragraph 31 that includes the requirements prescribed by subsection A of this section.
G. For the purposes of this section, "dangerous instrument" and "deadly weapon" have the same meanings prescribed in section 13-105.
Sec. 2. Implementation
A school district is not required to include information from any school year that begins before the effective date of this act in the annual public safety report required by section 15-160.05, subsection C, Arizona Revised Statutes, as added by this act.
Sec. 3. Legislative findings
The legislature finds that:
1. A school district's timely notification to students' parents and school employees of incidents that involve life-threatening violence, threats of life-threatening violence or threats that involve a deadly weapon or dangerous instrument as defined in section 13-105, Arizona Revised Statutes, is essential to protect student safety.
2. A school district's escalation of incidents that involve a deadly weapon or dangerous instrument as defined in section 13-105, Arizona Revised Statutes, to law enforcement officers is ministerial and not discretionary.
3. A school district official's knowing or intentional failure to comply with escalation or notification requirements for public safety incidents endangers students and undermines public trust.
4. Criminal classification is appropriate when a school district official knowingly or intentionally fails to perform the official's public safety duties as prescribed by law.
Sec. 4. Short title
This act may be cited as "Michael's Law".