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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: ED DP 4-2-1-0 | Third Read 16-12-2-0House: ED DPA 6-3-0-3 |
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SB 1684: school liability; bullying; serious injury
Sponsor: Senator Bolick, LD 2
House Engrossed
Overview
Provides a student or student's parent a cause of action against a public school for damages caused by the public school's failure to address a threat to the student's safety if prescribed criteria are met.
History
A school district governing board must prescribe and enforce policies and procedures to prohibit students from harassing, intimidating and bullying other students on school grounds, on school property, on school buses, at school bus stops, at school-sponsored events and activities and through the use of electronic technology or electronic communication on school computers, networks, forums and mailing lists. These policies and procedures must include: 1) procedures for the confidential reporting of harassment, intimidation or bullying; 2) a requirement for employees to report suspected harassment, intimidation or bullying; 3) a requirement for school officials to provide students or an alleged victim a copy of the rights, protections and support services available; 4) formal processes for documenting and investigating reported harassment, intimidation or bullying; 5) disciplinary procedures for students who have harassed, intimidated or bullied; 6) consequences for submitting false reports of harassment, intimidation or bullying; and 7) procedures to protect students who are physically harmed due to harassment, intimidation and bullying (A.R.S. § 15-341).
Provisions
1. Allows a student or student's parent to bring a cause of action against a public school for damages caused by the school's failure to address a threat to the student's safety if:
a. the student suffers serious physical injury as a result of another student bullying the injured student at school;
b. the school or a school employee receives at least one prior report that the other student committed an act of bullying against the injured student at school; and
c. the school negligently failed to address the suspected act of bullying committed by the other student and against the injured student after receiving a prior report.
2. Specifies an act of alleged bullying occurs at school if the act:
a. occurs while the injured student and the student who commits the act of alleged bullying are on school grounds, on school property, on a school bus, at a school bus stop, at a school-sponsored event or at a school-sponsored activity; or
b. is committed through the use of electronic technology or electronic communication on a school computer, network, forum or mailing list.
3. Authorizes the court to award reasonable attorney fees, expenses and damages to any claimant who substantially prevails in an action.
4. Defines bullying, prior report and serious physical injury.
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Initials CH SB 1684
6/1/2026 Page 0 House Engrossed
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