| 1 | 1 | | REFERENCE TITLE: school personnel; reporting; drug offenses State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1548 Introduced by Senators Alston: Gabaldn, Gonzales, Miranda; Representative Gutierrez An Act amending sections 13-3411 and 15-746, Arizona Revised Statutes; relating to drugs on school grounds. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: school personnel; reporting; drug offenses |
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| 10 | 10 | | State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 |
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| 11 | 11 | | SB 1548 |
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| 12 | 12 | | Introduced by Senators Alston: Gabaldn, Gonzales, Miranda; Representative Gutierrez |
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| 14 | 14 | | REFERENCE TITLE: school personnel; reporting; drug offenses |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | Senate |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | First Regular Session |
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| 32 | 32 | | 2023 |
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| 40 | 40 | | SB 1548 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Senators Alston: Gabaldn, Gonzales, Miranda; Representative Gutierrez |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending sections 13-3411 and 15-746, Arizona Revised Statutes; relating to drugs on school grounds. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3411, Arizona Revised Statutes, is amended to read: START_STATUTE13-3411. Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; definitions A. It is unlawful for a person to do any of the following: 1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. 2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone. 3. Manufacture dangerous drugs in a drug free school zone. B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug free school zone, except that the presumptive, minimum and maximum sentence shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars at least $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. D. Each school district's governing board or its designee, or the chief administrative officer in the case of a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the main entrance of each school that identifies the school and its accompanying grounds as a drug free school zone. E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15. F. All school personnel who observe a violation of this section shall immediately report the violation to a school administrator. The administrator shall immediately report the violation to a peace officer. It is unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this section. G. F. School personnel having custody or control of school records of a student involved in an alleged violation of this section shall make the records available to a peace officer upon on written request signed by a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding. A person furnishing records required under this subsection or a person participating in a judicial or administrative proceeding or investigation resulting from the furnishing of records required under this subsection is immune from civil or criminal liability by reason of such action unless the person acted with malice. H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor. I. G. For the purposes of this section: 1. "Drug free school zone" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school. 2. "School" means any public or nonpublic kindergarten program, common school or high school. END_STATUTE Sec. 2. Section 15-746, Arizona Revised Statutes, is amended to read: START_STATUTE15-746. School report cards; distribution; annual report A. Each school shall distribute an annual report card that contains at least the following information: 1. A description of the school's regular, magnet and special instructional programs. 2. A description of the school's current academic goals. 3. A summary of each of the following: (a) The results achieved by pupils enrolled at the school during the prior three school years as measured by the statewide assessment and the nationally standardized norm-referenced achievement test as designated by the state board and as reported in the annual report prescribed by section 15-743. (b) Pupil progress on an ongoing and annual basis, showing the trends in gain or loss in pupil achievement over time in reading, language arts and mathematics for all years in which pupils are enrolled in the school district for an entire school year and for which this information is available. (c) Pupil progress for pupils who are not enrolled in a district for an entire school year. 4. The attendance rate of pupils enrolled at the school as reflected in the school's average daily membership as defined in section 15-901. 5. The total number of incidents that occurred on the school grounds, at school bus stops, at stops for motor vehicles described in section 15-925, on school buses, on motor vehicles described in section 15-925 and at school-sponsored events and that required the contact of a local, county, tribal, state or federal law enforcement officer pursuant to section 13-3411, subsection F, section 13-3620, section 15-341, subsection A, paragraph 30 or section 15-515. The total number of incidents reported shall only include reports that law enforcement officers report to the school and that are supported by probable cause. For the purposes of this paragraph, a certified peace officer who serves as a school resource officer is a law enforcement officer. A school may provide clarifying information if the school has a school resource officer on campus. 6. The percentage of pupils who have either graduated to the next grade level or graduated from high school. 7. A description of the social services available at the school site. 8. The school calendar, including the length of the school day and hours of operations. 9. The total number of pupils enrolled at the school during the previous school year. 10. The transportation services available. 11. A description of the responsibilities of parents of children enrolled at the school. 12. A description of the responsibilities of the school to the parents of the children enrolled at the school, including dates the report cards are delivered to the home. 13. A description of the composition and duties of the school council as prescribed in section 15-351 if such a school council exists. 14. For the most recent year available, the average current expenditure per pupil for administrative functions compared to the predicted average current expenditure per pupil for administrative functions according to an analysis of administrative cost data by the joint legislative budget committee staff. 15. If the school provides instruction to pupils in kindergarten programs and grades one through three, the ratio of pupils to teachers in each classroom where instruction is provided in kindergarten programs and grades one through three. 16. The average class size per grade level for all grade levels, kindergarten programs and grades one through eight. For the purposes of this paragraph, "average class size" means the weighted average of each class. B. The department of education shall develop a standardized report card format that meets the requirements of subsection A of this section. The department shall modify the standardized report card as necessary on an annual basis. The department shall distribute to each school in this state a copy of the standardized report card that includes the required test scores for each school. Additional copies of the standardized report card shall be available on request. C. After each school has completed the report card distributed to it by the department of education, the school, in addition to distributing the report card as prescribed in subsection A of this section, shall send a copy of the report card to the department. The department shall prepare an annual report that contains the report card from each school in this state. D. The school shall distribute report cards to parents of pupils enrolled at the school, not later than the last day of school of each fiscal year, and shall present a summary of the contents of the report cards at an annual public meeting held at the school. The school shall give notice at least two weeks before the public meeting that clearly states the purposes, time and place of the meeting. E. Beginning in fiscal year 2021-2022, The school report card prescribed by this section shall include a link to access the information required by section 15-747. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Section 13-3411, Arizona Revised Statutes, is amended to read: |
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| 84 | 84 | | START_STATUTE13-3411. Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; definitions |
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| 86 | 86 | | A. It is unlawful for a person to do any of the following: |
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| 88 | 88 | | 1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. |
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| 89 | 89 | | |
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| 90 | 90 | | 2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone. |
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| 92 | 92 | | 3. Manufacture dangerous drugs in a drug free school zone. |
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| 94 | 94 | | B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug free school zone, except that the presumptive, minimum and maximum sentence shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. |
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| 96 | 96 | | C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars at least $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. |
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| 98 | 98 | | D. Each school district's governing board or its designee, or the chief administrative officer in the case of a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the main entrance of each school that identifies the school and its accompanying grounds as a drug free school zone. |
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| 100 | 100 | | E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15. |
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| 102 | 102 | | F. All school personnel who observe a violation of this section shall immediately report the violation to a school administrator. The administrator shall immediately report the violation to a peace officer. It is unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this section. |
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| 104 | 104 | | G. F. School personnel having custody or control of school records of a student involved in an alleged violation of this section shall make the records available to a peace officer upon on written request signed by a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding. A person furnishing records required under this subsection or a person participating in a judicial or administrative proceeding or investigation resulting from the furnishing of records required under this subsection is immune from civil or criminal liability by reason of such action unless the person acted with malice. |
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| 106 | 106 | | H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor. |
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| 108 | 108 | | I. G. For the purposes of this section: |
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| 110 | 110 | | 1. "Drug free school zone" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school. |
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| 112 | 112 | | 2. "School" means any public or nonpublic kindergarten program, common school or high school. END_STATUTE |
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| 114 | 114 | | Sec. 2. Section 15-746, Arizona Revised Statutes, is amended to read: |
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| 115 | 115 | | |
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| 116 | 116 | | START_STATUTE15-746. School report cards; distribution; annual report |
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| 118 | 118 | | A. Each school shall distribute an annual report card that contains at least the following information: |
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| 120 | 120 | | 1. A description of the school's regular, magnet and special instructional programs. |
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| 122 | 122 | | 2. A description of the school's current academic goals. |
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| 124 | 124 | | 3. A summary of each of the following: |
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| 126 | 126 | | (a) The results achieved by pupils enrolled at the school during the prior three school years as measured by the statewide assessment and the nationally standardized norm-referenced achievement test as designated by the state board and as reported in the annual report prescribed by section 15-743. |
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| 127 | 127 | | |
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| 128 | 128 | | (b) Pupil progress on an ongoing and annual basis, showing the trends in gain or loss in pupil achievement over time in reading, language arts and mathematics for all years in which pupils are enrolled in the school district for an entire school year and for which this information is available. |
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| 130 | 130 | | (c) Pupil progress for pupils who are not enrolled in a district for an entire school year. |
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| 132 | 132 | | 4. The attendance rate of pupils enrolled at the school as reflected in the school's average daily membership as defined in section 15-901. |
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| 134 | 134 | | 5. The total number of incidents that occurred on the school grounds, at school bus stops, at stops for motor vehicles described in section 15-925, on school buses, on motor vehicles described in section 15-925 and at school-sponsored events and that required the contact of a local, county, tribal, state or federal law enforcement officer pursuant to section 13-3411, subsection F, section 13-3620, section 15-341, subsection A, paragraph 30 or section 15-515. The total number of incidents reported shall only include reports that law enforcement officers report to the school and that are supported by probable cause. For the purposes of this paragraph, a certified peace officer who serves as a school resource officer is a law enforcement officer. A school may provide clarifying information if the school has a school resource officer on campus. |
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| 136 | 136 | | 6. The percentage of pupils who have either graduated to the next grade level or graduated from high school. |
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| 137 | 137 | | |
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| 138 | 138 | | 7. A description of the social services available at the school site. |
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| 139 | 139 | | |
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| 140 | 140 | | 8. The school calendar, including the length of the school day and hours of operations. |
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| 141 | 141 | | |
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| 142 | 142 | | 9. The total number of pupils enrolled at the school during the previous school year. |
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| 143 | 143 | | |
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| 144 | 144 | | 10. The transportation services available. |
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| 145 | 145 | | |
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| 146 | 146 | | 11. A description of the responsibilities of parents of children enrolled at the school. |
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| 147 | 147 | | |
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| 148 | 148 | | 12. A description of the responsibilities of the school to the parents of the children enrolled at the school, including dates the report cards are delivered to the home. |
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| 149 | 149 | | |
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| 150 | 150 | | 13. A description of the composition and duties of the school council as prescribed in section 15-351 if such a school council exists. |
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| 151 | 151 | | |
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| 152 | 152 | | 14. For the most recent year available, the average current expenditure per pupil for administrative functions compared to the predicted average current expenditure per pupil for administrative functions according to an analysis of administrative cost data by the joint legislative budget committee staff. |
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| 154 | 154 | | 15. If the school provides instruction to pupils in kindergarten programs and grades one through three, the ratio of pupils to teachers in each classroom where instruction is provided in kindergarten programs and grades one through three. |
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| 156 | 156 | | 16. The average class size per grade level for all grade levels, kindergarten programs and grades one through eight. For the purposes of this paragraph, "average class size" means the weighted average of each class. |
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| 157 | 157 | | |
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| 158 | 158 | | B. The department of education shall develop a standardized report card format that meets the requirements of subsection A of this section. The department shall modify the standardized report card as necessary on an annual basis. The department shall distribute to each school in this state a copy of the standardized report card that includes the required test scores for each school. Additional copies of the standardized report card shall be available on request. |
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| 160 | 160 | | C. After each school has completed the report card distributed to it by the department of education, the school, in addition to distributing the report card as prescribed in subsection A of this section, shall send a copy of the report card to the department. The department shall prepare an annual report that contains the report card from each school in this state. |
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| 161 | 161 | | |
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| 162 | 162 | | D. The school shall distribute report cards to parents of pupils enrolled at the school, not later than the last day of school of each fiscal year, and shall present a summary of the contents of the report cards at an annual public meeting held at the school. The school shall give notice at least two weeks before the public meeting that clearly states the purposes, time and place of the meeting. |
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| 163 | 163 | | |
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| 164 | 164 | | E. Beginning in fiscal year 2021-2022, The school report card prescribed by this section shall include a link to access the information required by section 15-747. END_STATUTE |
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