Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1304
ABOR; postsecondary institutions; policies
Purpose
Requires the Arizona Board of Regents (ABOR) and each community college district
governing board to adopt an enforceable free expression policy and requires the policy to specify
that students and faculty may assemble or engage in expressive activities without penalty or
retaliation.
Background
ABOR is responsible for maintaining Northern Arizona University, Arizona State
University and the University of Arizona. The universities must have colleges, schools and
departments and give courses of study and academic degrees as ABOR approves. ABOR must
have and exercise the powers necessary for the effective governance and administration of the
institutions under ABOR's control and may adopt, and authorize each university to adopt such
regulations, policies, rules or measures as are deemed necessary. ABOR may also delegate any
part of its authority to administer and govern such institutions to its university presidents, or their
designees, or to other entities under its control (A.R.S. §§ 15-1601 and 15-1626).
Community college district boards are responsible for maintaining each community college
under its jurisdiction for a period of at least eight months in each year and, if the monies of the
district are sufficient, maintain each community college for a longer period. Each community
college district board must remove any officer or employee if, in the community college district
board's judgement, the interests of education in Arizona require the removal (A.R.S. § 15-1444).
A person who is lawfully present on a public university or community college campus may
protest or demonstrate on that campus. Individual conduct that materially and substantially
infringes on other persons' rights to engage or listen to expressive activity is prohibited and subject
to sanction. A public university or community college may impose time, place and manner
restrictions on student speech that occurs in a public forum and is protected by the First
Amendment to the U.S. Constitution, if the restrictions: 1) are reasonable, justified without
reference to the content of the regulated speech, necessary to achieve a compelling governmental
interest and the least restrictive means to further that compelling government interest; 2) leave
open ample alternative channels for communication of the information; and 3) allow spontaneous
assembly and distribution of literature. ABOR and each community college district governing
board must develop and adopt a policy on free expression that contains statutorily outlined
statements and requirements and may adopt rules to further the purposes of those policies (A.R.S.
§§ 15-1864 and 15-1866).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation. FACT SHEET
S.B. 1304
Page 2
Provisions
1. Requires ABOR and each community college district governing board to adopt an enforceable
free expression policy and requires the policy to specify that students and faculty may assemble
or engage in expressive activities without penalty or retaliation.
2. Requires ABOR to adopt personnel policies for all employees of ABOR and the universities
that:
a) require all officers and employees of ABOR and of the universities to protect the rights of
students, administrators, faculty members and other employees as outlined by the U.S.
Constitution and the Arizona Constitution;
b) prohibit the president, administrators, faculty members and other employees of each
institution from retaliating against any individual, including an administrator, faculty
member, employee or student, for outlined rights; and
c) require the president of each institution under the jurisdiction of ABOR to adopt policies
and procedures to enforce outlined protections.
3. Requires the free expression policy adopted by ABOR and each community college district
governing board to state that there is a range of disciplinary actions for an administrator, faculty
member or other employee who is subject to the jurisdiction of a university or community
college and who engages in individual conduct that materially and substantially infringes on
the rights of other persons to engage in or listen to expressive activity.
4. Subjects any investigation of the conduct of an administrator, faculty member or employee that
allegedly, materially and substantially infringes on the rights of other persons to engage in or
listen to expressive activity to the following requirements:
a) a university or community college may not investigate the allegations until after the
university or community college has notified the administrator, faculty member or
employee who is subject to investigation about the specific allegations and has given the
administrator, faculty member or employee a reasonable opportunity to respond to the
allegations;
b) the person responsible for an investigation must disclose all conclusions and
recommendations relating to the investigation to the administrator, faculty member or
employee who is the subject of the investigation before submitting the final report and
recommendations to the university or community college; and
c) the final report and recommendations for an investigation must include any response that
the university or community college received from the administrator, faculty member or
employee who is the subject of the investigation or that the administrator, faculty member
or employee submitted in response to the outlined conclusions and recommendations.
5. Stipulates that if an administrator, faculty member or other employee has repeatedly been
determined to have engaged in individual conduct that materially and substantially infringes
on the rights of other persons to engage in or listen to expressive activity, a punishment of
suspension, expulsion or termination of employment from the university or community college
may be appropriate. FACT SHEET
S.B. 1304
Page 3
6. Stipulates that in an outlined disciplinary proceeding involving administrators, faculty
members or other employees, the individual who is subject to discipline is entitled to the right
to active assistance of counsel if the termination of employment is a potential consequence of
the disciplinary proceeding.
7. Allows universities and community colleges to restrict administrators, faculty members or
other employee's expression only for expressive activity that is not protected by the U.S.
Constitution.
8. Requires ABOR and each community college district governing board to:
a) publish all policies, regulations and other materials that describe the rights and
responsibilities of students, administrators, faculty members and other employees relating
to free expression on campus; and
b) develop materials, programs and procedures to ensure that any individual who has
disciplinary authority understands the outlined policies, regulations and other materials and
understands the university's or community college's responsibilities relating to free
expression on campus.
9. Stipulates that the outlined publication includes publication on websites and in all handbooks
and orientation program materials for students and employees of ABOR, each institution under
the jurisdiction of ABOR and each community college district governing board.
10. Requires each academic unit to prominently post the following information on the academic
unit's website before classes for the term begin:
a) for each outlined course offered by the academic unit:
i. the title of the course;
ii. the current course syllabus; and
iii. the name of the primary instructor for the course, including either the instructor's
curriculum vitae or the instructor's resume and a complete list of the instructor's
published work; and
b) for each academic unit, the following information for the current term on the home page of
the academic unit's website:
i. the syllabus for each course that is offered by the academic unit;
ii. the number of students who are enrolled in one or more courses that are offered by the
academic unit;
iii. for each instructor, the number of students who are enrolled in one or more courses that
are offered by the academic unit for which that instructor is the primary instructor;
iv. the number of students who are enrolled in one or more degree programs that are
offered by the academic unit, disaggregated by degree program;
v. meeting minutes or other records of each session of a faculty meeting, excluding
records of personnel matters; and
vi. any announcements made for or by the academic unit's faculty members or
administrators relating to the academic unit's official business.
11. Requires ABOR to establish policies and procedures to enforce the outlined requirements
relating to the posting of information on the academic unit's website. FACT SHEET
S.B. 1304
Page 4
12. Stipulates that any delegation of authority from ABOR does not limit or otherwise affect
ABOR's responsibility to faithfully execute all of the ABOR's duties.
13. Requires ABOR to require each institution under ABOR's jurisdiction to annually submit a
report demonstrating the institution's compliance with acquiring outlined U.S. flags and legible
copies of the U.S. Constitution for each classroom.
14. Requires that the statutorily outlined program relating to honors endorsements be available for
pupils who are enrolled in a school district, charter school or private school in Arizona.
15. Defines academic unit as a college, school or department operated by a university under the
jurisdiction of ABOR.
16. Defines individual who has disciplinary authority as administrators, campus police officers,
individuals who are responsible for maintaining order in a shared student housing setting under
the jurisdiction of the university or community college an any individual who provides
instruction to students or school employees.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2024
ZD/SB/cs