Assigned to ED AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1036
schools; flags; display; civil penalty
Purpose
Requires the Arizona Department of Education (ADE) and the Arizona State Board for
Charter Schools (ASBCS) to establish complaint processes for a school district or charter school
that violates the statutory requirements to display the U.S. flag, U.S. Constitution and Bill of
Rights. Imposes a civil penalty of up to $1,000 per violation on a school district or charter school
that fails to correct a violation or receives a subsequent complaint for the same violation.
Background
Statute requires a school district or charter school to: 1) display a U.S. flag in each
classroom and on or near the outside of a school building during school hours and any other time
as directed by school authorities; 2) place a legible copy of the U.S. Constitution and Bill of Rights
adjacent to each 7th through 12th grade classroom’s U.S. flag; and 3) set aside a specific time each
day for students who wish to recite the pledge of allegiance to the U.S. flag. A displayed U.S. flag
must be at least two feet by three feet and manufactured in the United States. Private schools,
parochial schools and homeschools are exempt from these requirements (A.R.S. § 15-506).
Federal law prescribes requirements for the size, design and display of the U.S. flag,
including time, occasion and position for display (4 U.S.C. §§ 1-10).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Directs, for violations of statutory requirements to display the U.S. flag, U.S. Constitution and
Bill of Rights:
a) ADE to establish a process for a person to file a complaint against a school district; and
b) the ASBCS to establish a process for a person to file a complaint against a charter school.
2. Subjects, to a civil penalty of up to $1,000 per violation, a school district or charter school that:
a) fails to correct a violation within 30 days of being notified; or
b) receives a subsequent complaint within the same school year for the same violation at the
same school and in the same classroom or building.
3. Requires, after receiving a complaint against a school:
a) ADE to notify the school district superintendent and school district governing board; or
b) the ASBCS to notify the charter school principal and charter school governing body. FACT SHEET – Amended
S.B. 1036
Page 2
4. Requires a school district or charter school that receives a complaint to correct the violation
within 30 days of notification and to notify ADE or the ASBCS, respectively, of the correction.
5. Requires ADE and the ASBCS to notify the Attorney General of a school district or charter
school that is subject to the civil penalty as outlined.
6. Requires the Attorney General to impose and collect the civil penalties.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Directs ADE to establish a complaint process for display-requirement violations.
2. Narrows the scope of the civil penalty to only a violation of the display requirements and only
if:
a) the violation is not corrected within 30 days of notification; or
b) the school receives a subsequent complaint for the same violation.
3. Prescribes complaint notification requirements.
4. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. Bifurcates the complaint process for violations by directing the ASBCS, rather than ADE, to
establish the process to file complaints against a charter school.
2. Redirects through the ASBCS the outlined notification procedures for complaints against a
charter school.
3. Makes conforming changes.
Senate Action
ED 2/1/22 DPA 4-3-1
Prepared by Senate Research
February 9, 2022
LB/KJA/slp