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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DP 7-4-0-1 |
HB 4109: safety; school procedures; criminal classification
Sponsor: Representative Hernandez L., LD 24
House Engrossed
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. Declares a superintendent or governing board member who violates public safety policy requirements is guilty of a class 1 misdemeanor.
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. (Sec. 1)
2. Stipulates the public safety policy must require the superintendent to:
a. provide written notification to students' parents and school employees within 24 hours of 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;
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 or designate 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 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. (Sec. 1)
3. Specifies the superintendent's written notification must include information about the nature of the incident and the school's response. (Sec. 1)
4. Asserts the written notification requirement do not require or authorize the superintendent to disclose personally identifiable information about a student who is involved in an incident. (Sec. 1)
5. Directs a superintendent, if a law enforcement officer who responds to an incident notifies the school district that disclosure might materially compromise a pending criminal investigation or prosecution to:
a. request from the law enforcement agency responsible for the criminal investigation a written request that the school district delay closure; and
b. provide the required written notification as soon as practicable on receipt of notification that the investigation is complete. (Sec. 1)
6. 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 required by statute or school district policies. (Sec. 1)
7. Prohibits a school district from taking any retaliatory action against any person for reporting a violation of the public safety policy. (Sec. 1)
8. Directs a school district to annually compile and post a public safety report on its website that includes:
a. the number of each of the following events that occurred during each of the preceding three school years:
i. lockdowns;
ii. shelter-in place events;
iii. evacuations;
iv. incidents involving a deadly weapon or dangerous instrument that occurred in connection with the school district; and
v. incidents that the superintendent referred to a law enforcement officer; and
b. a summary of the public safety policy adopted and a description of its implementation. (Sec. 1)
9. Specifies a school district is not required to include any information from any school year that begins before the general effective date in the annual public safety report. (Sec. 2)
10. Makes a superintendent who knowingly or intentionally violates the prescribed public safety policy requirements without good clause guilty of a class 1 misdemeanor. (Sec. 1)
11. Makes each governing board member, if the governing board fails to adopt a public safety policy that meets the prescribed requirements 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, guilty of a class 1 demeanor. (Sec. 1)
12. Allows a governing board to satisfy public safety policy requirements by adopting an emergency response plan that includes the prescribed public safety policy requirements. (Sec. 1)
13. Defines dangerous instrument and deadly weapon. (Sec. 1)
14. Contains legislative findings. (Sec. 3)
15. Cites this legislation as Michael's Law. (Sec. 4)
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Initials CH/JD HB 4109
3/9/2026 Page 0 House Engrossed
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