State of Arizona
House of Representatives
Forty-ninth Legislature
Second Regular Session
2010
HOUSE BILL 2281
AN ACT
AMENDING TITLE 15, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING
SECTIONS 15-111 AND 15-112; AMENDING SECTION 15-843, ARIZONA REVISED
STATUTES; RELATING TO SCHOOL CURRICULUM.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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H.B. 2281
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes,
is amended by adding sections 15-111 and 15-112, to read:
15-111. Declaration of policy
THE LEGISLATURE FINDS AND DECLARES THAT PUBLIC SCHOOL PUPILS SHOULD BE
TAUGHT TO TREAT AND VALUE EACH OTHER AS INDIVIDUALS AND NOT BE TAUGHT TO
RESENT OR HATE OTHER RACES OR CLASSES OF PEOPLE.
15-112. Prohibited courses and classes; enforcement
A. A SCHOOL DISTRICT OR CHARTER SCHOOL IN THIS STATE SHALL NOT INCLUDE
IN ITS PROGRAM OF INSTRUCTION ANY COURSES OR CLASSES THAT INCLUDE ANY OF THE
FOLLOWING:
1. PROMOTE THE OVERTHROW OF THE UNITED STATES GOVERNMENT.
2. PROMOTE RESENTMENT TOWARD A RACE OR CLASS OF PEOPLE.
3. ARE DESIGNED PRIMARILY FOR PUPILS OF A PARTICULAR ETHNIC GROUP.
4. ADVOCATE ETHNIC SOLIDARITY INSTEAD OF THE TREATMENT OF PUPILS AS
INDIVIDUALS.
B. IF THE STATE BOARD OF EDUCATION OR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION DETERMINES THAT A SCHOOL DISTRICT OR CHARTER SCHOOL IS IN
VIOLATION OF SUBSECTION A, THE STATE BOARD OF EDUCATION OR THE SUPERINTENDENT
OF PUBLIC INSTRUCTION SHALL NOTIFY THE SCHOOL DISTRICT OR CHARTER SCHOOL THAT
IT IS IN VIOLATION OF SUBSECTION A. IF THE STATE BOARD OF EDUCATION OR THE
SUPERINTENDENT OF PUBLIC INSTRUCTION DETERMINES THAT THE SCHOOL DISTRICT OR
CHARTER SCHOOL HAS FAILED TO COMPLY WITH SUBSECTION A WITHIN SIXTY DAYS AFTER
A NOTICE HAS BEEN ISSUED PURSUANT TO THIS SUBSECTION, THE STATE BOARD OF
EDUCATION OR THE SUPERINTENDENT OF PUBLIC INSTRUCTION MAY DIRECT THE
DEPARTMENT OF EDUCATION TO WITHHOLD UP TO TEN PER CENT OF THE MONTHLY
APPORTIONMENT OF STATE AID THAT WOULD OTHERWISE BE DUE THE SCHOOL DISTRICT OR
CHARTER SCHOOL. THE DEPARTMENT OF EDUCATION SHALL ADJUST THE SCHOOL DISTRICT
OR CHARTER SCHOOL'S APPORTIONMENT ACCORDINGLY.
WHEN THE STATE BOARD OF
EDUCATION OR THE SUPERINTENDENT OF PUBLIC INSTRUCTION DETERMINES THAT THE
SCHOOL DISTRICT OR CHARTER SCHOOL IS IN COMPLIANCE WITH SUBSECTION A, THE
DEPARTMENT OF EDUCATION SHALL RESTORE THE FULL AMOUNT OF STATE AID PAYMENTS
TO THE SCHOOL DISTRICT OR CHARTER SCHOOL.
C. THE DEPARTMENT OF EDUCATION SHALL PAY FOR ALL EXPENSES OF A HEARING
CONDUCTED PURSUANT TO THIS SECTION.
D. ACTIONS TAKEN UNDER THIS SECTION ARE SUBJECT TO APPEAL PURSUANT TO
TITLE 41, CHAPTER 6, ARTICLE 10.
E. THIS SECTION SHALL NOT BE CONSTRUED TO RESTRICT OR PROHIBIT:
1. COURSES OR CLASSES FOR NATIVE AMERICAN PUPILS THAT ARE REQUIRED TO
COMPLY WITH FEDERAL LAW.
2. THE GROUPING OF PUPILS ACCORDING TO ACADEMIC PERFORMANCE, INCLUDING
CAPABILITY IN THE ENGLISH LANGUAGE, THAT MAY RESULT IN A DISPARATE IMPACT BY
ETHNICITY.
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H.B. 2281
3. COURSES OR CLASSES THAT INCLUDE THE HISTORY OF ANY ETHNIC GROUP AND
THAT ARE OPEN TO ALL STUDENTS, UNLESS THE COURSE OR CLASS VIOLATES
SUBSECTION A.
4. COURSES OR CLASSES THAT INCLUDE THE DISCUSSION OF CONTROVERSIAL
ASPECTS OF HISTORY.
F. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT OR PROHIBIT
THE INSTRUCTION OF THE HOLOCAUST, ANY OTHER INSTANCE OF GENOCIDE, OR THE
HISTORICAL OPPRESSION OF A PARTICULAR GROUP OF PEOPLE BASED ON ETHNICITY,
RACE, OR CLASS.
Sec. 2. Section 15-843, Arizona Revised Statutes, is amended to read:
15-843. Pupil disciplinary proceedings
A. An action concerning discipline, suspension or expulsion of a pupil
is not subject to title 38, chapter 3, article 3.1, except that the governing
board of a school district shall post regular notice and shall take minutes
of any hearing held by the governing board concerning the discipline,
suspension or expulsion of a pupil.
B. The governing board of any school district, in consultation with
the teachers and parents of the school district, shall prescribe rules for
the discipline, suspension and expulsion of pupils. The rules shall be
consistent with the constitutional rights of pupils and shall include at
least the following:
1. Penalties for excessive pupil absenteeism pursuant to section
15-803, including failure in a subject, failure to pass a grade, suspension
or expulsion.
2. Procedures for the use of corporal punishment if allowed by the
governing board.
3. Procedures for the reasonable use of physical force by certificated
or classified personnel in self-defense, defense of others and defense of
property.
4. Procedures for dealing with pupils who have committed or who are
believed to have committed a crime.
5. A notice and hearing procedure for cases concerning the suspension
of a pupil for more than ten days.
6. Procedures and conditions for readmission of a pupil who has been
expelled or suspended for more than ten days.
7. Procedures for appeal to the governing board of the suspension of a
pupil for more than ten days, if the decision to suspend the pupil was not
made by the governing board.
8. Procedures for appeal of the recommendation of the hearing officer
or officers designated by the board as provided in subsection F of this
section at the time the board considers the recommendation.
C. Penalties adopted pursuant to subsection B, paragraph 1 of this
section for excessive absenteeism shall not be applied to pupils who have
completed the course requirements and whose absence from school is due solely
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to illness, disease or accident as certified by a person who is licensed
pursuant to title 32, chapter 7, 13, 15 or 17.
D. The governing board shall:
1. Support and assist teachers in the implementation and enforcement
of the rules prescribed pursuant to subsection B of this section.
2. Develop procedures allowing teachers and principals to recommend
the suspension or expulsion of pupils.
3. Develop procedures allowing teachers and principals to temporarily
remove disruptive pupils from a class.
4. Delegate to the principal the authority to remove a disruptive
pupil from the classroom.
E. If a pupil withdraws from school after receiving notice of possible
action concerning discipline, expulsion or suspension, the governing board
may continue with the action after the withdrawal and may record the results
of such action in the pupil's permanent file.
F. In all action concerning the expulsion of a pupil, the governing
board of a school district shall:
1. Be notified of the intended action.
2. Either:
(a) Decide, in executive session, whether to hold a hearing or to
designate one or more hearing officers to hold a hearing to hear the
evidence, prepare a record and bring a recommendation to the board for action
and whether the hearing shall be held in executive session.
(b) Provide by policy or vote at its annual organizational meeting
that all hearings concerning the expulsion of a pupil conducted pursuant to
this section will be conducted before a hearing officer selected from a list
of hearing officers approved by the governing board.
3. Give written notice, at least five working days before the hearing
by the governing board or the hearing officer or officers designated by the
governing board, to all pupils subject to expulsion and their parents or
guardians of the date, time and place of the hearing. If the governing board
decides that the hearing is to be held in executive session, the written
notice shall include a statement of the right of the parents or guardians or
an emancipated pupil who is subject to expulsion to object to the governing
board's decision to have the hearing held in executive session. Objections
shall be made in writing to the governing board.
G. If a parent or guardian or an emancipated pupil who is subject to
expulsion disagrees that the hearing should be held in executive session, it
shall be held in an open meeting unless:
1. If only one pupil is subject to expulsion and disagreement exists
between that pupil's parents or guardians, the governing board, after
consultations with the pupil's parents or guardians or the emancipated pupil,
shall decide in executive session whether the hearing will be in executive
session.
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2. If more than one pupil is subject to expulsion and disagreement
exists between the parents or guardians of different pupils, separate
hearings shall be held subject to this section.
H. This section does not prevent the pupil who is subject to expulsion
or suspension, and the pupil's parents or guardians and legal counsel, from
attending any executive session pertaining to the proposed disciplinary
action, from having access to the minutes and testimony of the executive
session or from recording the session at the parent's or guardian's expense.
I. In schools employing a superintendent or a principal, the authority
to suspend a pupil from school is vested in the superintendent, principal or
other school officials granted this power by the governing board of the
school district.
J. In schools that do not have a superintendent or principal, a
teacher may suspend a pupil from school.
K. In all cases of suspension, it shall be for good cause and shall be
reported within five days to the governing board by the superintendent or the
person imposing the suspension.
L. RULES PERTAINING TO THE DISCIPLINE, SUSPENSION AND EXPULSION OF
PUPILS SHALL NOT BE BASED ON RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN OR
ANCESTRY.
IF THE DEPARTMENT OF EDUCATION, THE AUDITOR GENERAL OR THE
ATTORNEY GENERAL DETERMINES THAT A SCHOOL DISTRICT IS SUBSTANTIALLY AND
DELIBERATELY NOT IN COMPLIANCE WITH THIS SUBSECTION AND IF THE SCHOOL
DISTRICT HAS FAILED TO CORRECT THE DEFICIENCY WITHIN NINETY DAYS AFTER
RECEIVING NOTICE FROM THE DEPARTMENT OF EDUCATION, THE SUPERINTENDENT OF
PUBLIC INSTRUCTION MAY WITHHOLD THE MONIES THE SCHOOL DISTRICT WOULD
OTHERWISE BE ENTITLED TO RECEIVE FROM THE DATE OF THE DETERMINATION OF
NONCOMPLIANCE UNTIL THE DEPARTMENT OF EDUCATION DETERMINES THAT THE SCHOOL
DISTRICT IS IN COMPLIANCE WITH THIS SUBSECTION.
L. M. The principal of each school shall ensure that a copy of all
rules pertaining to discipline, suspension and expulsion of pupils is
distributed to the parents of each pupil at the time the pupil is enrolled in
school.
M. N. The principal of each school shall ensure that all rules
pertaining to the discipline, suspension and expulsion of pupils are
communicated to students at the beginning of each school year, and to
transfer students at the time of their enrollment in the school.
Sec. 3. Effective date
This act is effective from and after December 31, 2010.
