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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 4109: safety; school procedures; criminal classification
Sponsor: Representative Hernandez L., LD 24
Committee on Education
Overview
Directs each school district governing board (governing board) to adopt a public safety policy and makes the school district superintendent (superintendent) responsible for implementing the policy. Deems a superintendent or governing board member who violates public safety policy requirements guilty of a class 6 or class 4 felony.
History
Each governing board and charter school governing body (governing body) must enforce policies for school personnel to report: 1) any suspected crime against a person or property that is a serious offense or that involves a deadly weapon, dangerous instrument or serious physical injury; and 2) any conduct that poses a threat of death or serious physical injury to any person on school property. These policies must establish a process for employees to document and report the conduct.
Additionally, statute requires a governing board and governing body to prescribe policies that require the school district or charter school to notify the parent of each student who is involved in a suspected crime or any of the aforementioned conduct, subject to the requirements of federal law. A person who violates the reporting requirements may be disciplined by the governing board or governing body and may be subject to dismissal.
A governing board must have policies that prohibit a person from carrying or possessing a weapon on school grounds unless the person is a peace officer or has obtained specific authorization from the school administrator (A.R.S. §§ 15-153 and 15-341).
Provisions
1. Requires each governing board to adopt a public safety policy that:
a. clearly prescribes public safety procedures and protocols; and
b. designates the superintendent as the administrator responsible for implementing the public safety policy.
2. Mandates the public safety policy must require the superintendent to:
a. notify students' parents, school employees and the community of any incident involving a threat to public safety, life-threatening violence or a threat of life-threatening violence that occurs in connection with the school district;
b. immediately notify a law enforcement officer if the 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;
c. confiscate a 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 involving a threat to public safety, life-threatening violence or a threat of life-threatening violence until a law enforcement officer can take custody of the dangerous instrument or deadly weapon; and
d. notify a law enforcement officer that the superintendent confiscated a dangerous weapon or deadly weapon as soon as practicable following the confiscation.
3. Clarifies that the requirement for a superintendent to immediately notify a law enforcement officer as specified does not limit or preclude a school district or school district employee from reporting a suspected crime as by statute.
4. Prohibits a school district from taking any retaliatory action against any person for reporting a violation of the public safety policy.
5. Declares a superintendent who violates the prescribed public safety policy requirements is guilty of a:
a. class 6 felony if the violation does not result in physical injury; or
b. class 4 felony if the violation results in physical injury.
6. Declares each governing board member, if the governing board fails to adopt a public safety policy or if the governing board or a school district employee takes retaliatory action against a person for reporting a violation of the public safety policy, is guilty of a
a. class 6 felony if the violation does not result in physical injury; or
b. class 4 felony if the violation results in physical injury.
7. Defines dangerous instrument and deadly weapon.
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Initials CH/JD HB 4109
2/15/2026 Page 0 Education
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