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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
school liability; bullying; serious inquiry
Purpose
Grants a cause of action, against a public school, to a student or student's parent for damages caused by the school's failure to address a threat to the student's safety if the student suffers serious physical injury as a result of bullying, the school receives a prior report that another student committed an act of bullying against the injured student and the school negligently failed to address the suspected act of bullying. Allows a court to award reasonable attorney fees, expenses and damages to any claimant who prevails in an action brought.
Background
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, school property, 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. The policies and procedures must include: 1) a procedure for students, parents and school employees to confidentially report to school officials incidents of harassment, intimidation or bullying; 2) a requirement that school employees report a suspected incident in writing; 3) if an incident is reported, a requirement that school officials provide a student who is an alleged victim of the incident with a written copy of the rights, protections and support services available; 4) a formal process for documenting a reported incident and providing for the confidentiality, maintenance and disposition of such documentation; 5) a formal process for the appropriate school officials to investigate a reported incident; 6) disciplinary procedures for students who have admitted or been found to have committed incidents of harassment, intimidation or bullying; and 7) procedures designed to protect the health and safety of students who are physically harmed as the result of incidents of harassment, intimidation and bullying (A.R.S. § 15-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants a cause of action, against a public school, to a student or a student's parent 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 bulling by another student;
b) the school or a school employee, including an individual who is indirectly employed through a third-party contractor, receives at least one prior report that another student committed an act of bullying against the injured student; 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. Allows a court to award reasonable attorney fees, expenses and damages to any claimant who substantially prevails in an action brought.
3. Determines that a prior report includes:
a) a written or verbal report that any individual makes to a school employee; or
b) a school employee's personal observation of conduct that the employee reasonably believes constitutes an act of bullying.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
MH/SM/hk