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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2575: antisemitism; public schools; prohibition; penalties
Sponsor: Representative Way, LD 15
Committee on Education
Overview
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 United States Department of State (United States Department of State) (IHRA Antisemitism Working Definition).
An identical bill was introduced during the 57th Legislature, 1st Regular Session (HB 2867 antisemitism; public schools; prohibition; penalties) and was vetoed by the Governor.
Provisions
Prohibitions on Antisemitism and Anti-Semitic Conduct
1. Prohibits a public school, teacher, principal, school administrator or a 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. Prohibits 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 teacher 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 students enrolled in a public school or a higher education institution. (Sec. 1, 3)
3. Restricts a public school or higher education institution from:
a. taking any adverse employment action against a teacher, school administrator or other 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; and
b. requiring a teacher, school administrator or other school employee or faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct as a condition of employment. (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 on antisemitism and anti-Semitic conduct to the highest ranking official of the public school or the official's designee (public school official or designee). (Sec. 1)
6. Permits a report to identify multiple alleged violations of the prohibitions. (Sec. 1)
7. Instructs the public 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. Requires, if the public school official or designee if determine a violation occurred, that:
a. the public school official or designee act to correct the violation within 30 days after receiving the report;
b. the public school official or designee notify the State Board of Education (SBE); and
c. SBE take the prescribed disciplinary action against the teacher or principal. (Sec. 1)
9. 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 public 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)
10. 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 a violation occurred. (Sec. 1)
11. Requires, if a governing board or governing body determines 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)
12. Requires any determination made by a governing board or governing body to include an explanation. (Sec. 1)
13. 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)
14. 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 a teacher or principal if SBE determines the teacher or principal knowingly or recklessly violated the prohibitions. (Sec. 1)
15. Requires SBE, if SBE finds or is notified that a teacher or principal has been 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)
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, student's parent, faculty member or member of the public to report an alleged violation of the prohibitions to the highest ranking official at a higher education institution or the official's designee (official or designee). (Sec. 3)
18. Permits a report to identify multiple alleged violations of the prohibitions. (Sec. 3)
19. Requires the official or designee to initiate an internal investigation of any report received within 15 days after receipt. (Sec. 3)
20. Instructs the 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. Requires the official or designee, if they determine a violation occurred, to:
a. act to correct the violation within 30 days of receiving the report; and
b. take the prescribed disciplinary action against the individual. (Sec. 3)
22. 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, whichever is applicable. (Sec. 3)
23. Requires ABOR or the CCD governing board to notify the:
a. 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. official or designee, if ABOR or the CCD governing board determine a faculty member, administrator, employee or contractor knowingly or recklessly violated the prohibitions. (Sec. 3)
24. Instructs the official or designee to 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)
25. Directs the official or designee who is notified that a faculty member, administrator, employee or contractor has been found to have knowingly or recklessly violated the prohibitions or who conducts an investigation and determines the individual has knowingly or recklessly violated the prohibitions 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)
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, a public school or a 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 a court to award 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 to decide all questions of fact without deference to any previous determination. (Sec. 1, 3)
31. Details that to prevail in an action brought, the student or student's parent must prove 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 education 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 grant or scholarship 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 faculty members, administrators, 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 for the murder 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 to mean antisemitism as defined by the IHRA on May 26, 2016 and adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition, if the antisemitism is:
a. an act or acts; or
b. speech that is 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. Cites this legislation as the Antisemitism in Education Act. (Sec. 5)
38. Makes technical changes. (Sec. 2)
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