House Engrossed antisemitism; public schools; prohibition; penalties State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2867 AN ACT amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; amending title 15, chapter 18, Arizona Revised Statutes, by adding article 2; relating to public education. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed antisemitism; public schools; prohibition; penalties
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2867
House Engrossed
antisemitism; public schools; prohibition; penalties
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2867
AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; amending title 15, chapter 18, Arizona Revised Statutes, by adding article 2; relating to public education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 section 15-120.05, to read: START_STATUTE15-120.05. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; rules; definitions A. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not: 1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment. 2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment. 3. Call for genocide of any group of persons or for the murder of members of a particular group. 4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school. B. This state, state agencies, public schools and teachers may not: 1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of: (a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes. (b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph. 2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 3. Provide grants or other monies to other state agencies, public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in a public school. C. A public school may not: 1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or school employee refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination. 2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment. 3. Award academic credit to a high school student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process. D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a public school may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection. E. A student, parent, teacher or member of the public may report an alleged violation of this section to the department of education. If the superintendent of public instruction determines that a teacher or principal has knowingly or recklessly violated this section, the department shall notify the state board of education. The state board of education shall take the following action against the teacher or principal who is found to have violated this section: 1. For a first offense, issue a formal reprimand. 2. For a second offense, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation. 3. For a third offense, revoke the teacher's or principal's certificate. F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States. G. The state board of education shall adopt rules, subject to approval by the superintendent of Public Instruction, to implement and enforce this section. H. For the purposes of this section: 1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition. 2. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor. END_STATUTE Sec. 2. Heading change A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION". B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES". Sec. 3. Title 15, chapter 18, Arizona Revised Statutes, is amended by adding article 2, to read: ARTICLE 2. ANTISEMITISM PREVENTION START_STATUTE15-2311. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; policies; student organizations; definitions A. A faculty member, administrator, employee, contractor or volunteer of a higher education institution may not: 1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education environment. 2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile education environment. 3. Call for genocide of any group of persons or for the murder of members of a particular group. 4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to complete a degree or certificate program. B. This state, state agencies, higher education institutions and faculty members, employees and contractors of higher education institutions may not: 1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of: (a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes. (b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (c) providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph. 2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 3. Provide grants or other monies to other state agencies, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in the higher education institution. C. A higher education institution may not: 1. take any adverse employment action against a faculty member, administrator, employee or contractor because the individual refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination. 2. Require a faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment. 3. Award academic credit to a student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process. D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a higher education institution that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a higher education institution may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or higher education institution in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection. E. A student, parent, faculty member or member of the public may report an alleged violation of this section to the highest ranking official at a higher education institution. The official shall initiate an internal investigation of any report received pursuant to this subsection not later than fifteen days after receipt. Notwithstanding section 15-1896, if the official is notified that a faculty member, administrator, employee or contractor has been found responsible for a violation of this section in an action brought pursuant to subsection D of this section or if, following an investigation conducted pursuant to this subsection, the official determines that a faculty member, administrator, employee or contractor has knowingly or recklessly violated this section, the official shall take the following action against the faculty member, administrator, employee or contractor who violated this section: 1. For a first offense, issue a formal reprimand. 2. For a second offense, suspend the individual without pay for a period of time determined by the official based on the severity and circumstances of the violation. 3. For a third offense, terminate the individual's employment. F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States. G. Each higher education institution shall: 1. revise the higher education institution's policies and procedures, including any policy relating to tenure, to implement and enforce this section and notify all employees and contractors of the revised policies. 2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section. 3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote any antisemitism or anti-Semitic conduct, act or process. 4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section. 5. Ensure that each employee and contractor of the higher education institution complies with the requirements of this section, including any contractor that is hired by the higher education institution to provide training or a workshop, forum or other program to the higher education institution's employees. 6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either: (a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people. (b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state. 7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct, acts or processes. 8. Refuse to recognize or shall revoke the recognition of and support for any student organization that either: (a) Invites a guest speaker who incites any antisemitism or anti-Semitic conduct, acts or processes on the higher education institution's campus. (b) Organizes, promotes, incites or invites the student organization's members to engage in any antisemitism or anti-Semitic conduct, acts or processes. (c) Engages in any act, conduct or process calling for genocide of any group of persons or for the murder of members of a particular group, to the extent that the act, conduct or process creates a hostile education environment. 9. Annually review and assess the higher education institution's compliance with this section and submit a compliance report to the president of the senate and the speaker of the house of representatives on or before January 10 of each year. H. For the purposes of this section: 1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition. 2. "Higher education institution" means any of the following: (a) A university under the jurisdiction of the Arizona board of regents. (b) A community college as defined in section 15-1401. (c) A career technical education district that provides instruction to adult students. (d) A private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2 and that receives monies from this state or any political subdivision of this state. 3. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor. faculty member, employee, contractor or of higher education institution complete a degree or certificate programhigher education institutions and faculty members, employees contractors of higher education institutions higher education institutions or faculty members, employees or contractors of higher education institutions thehigher education institutionhigher education institutionfaculty member, administrator, or contractor individualfaculty member, administrator, employee or contractor higher education institution higher education institution higher education institutionNotwithstanding section 15-1896, iofficialindividual without pay for a period of time determined by the official terminate the individual's employmentEach higher education institution shall: 1. revise the higher education institution's policies and procedures, including any policy relating to tenure, and notify all employees and contractors of the revised policies. 2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section. 3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote . 4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section. 5. Ensure that every employee and contractor of the higher education institution complies with the requirements of this section, including any contractor who is hired by the higher education institution to provide training, a workshop, forum or other program to the higher education institution's employees. 6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either: (a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people. (b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state. 7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against demonstrator who engages in ses. 8. Refuse to recognize or revoke the recognition of and support for any student organization that either: (a) Invites a guest speaker who incites ses on the higher education institution's campus. (b) Organizes, promotes, incites or invites the student organization's members to engage in ses. (c) Engages in acts, conduct or processes calling for genocide of any group of persons, or for the murder of members of a particular group, to the extent that such acts, conduct or processes create a hostile education environment. 9. Annually review and assess the higher education institution's compliance with this section and submit a compliance report to the president of the senate and the speaker of the house of representatives no later than January 10 of each year. 2. "Higher education institution" means any of the following: (a) A university under the jurisdiction of the Arizona board of regents. (b) A community college as defined in section 15-1401. (c) A career technical education district that provides instruction to adult students. (d) A private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2 and that receives monies from this state or any political subdivision of this state. 32.[A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION". B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES". 3.ANTISEMITISM PREVENTIONA. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not: 1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment. 2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment. 3. Call for genocide of any group of persons or for the murder of members of a particular group. 4. Require a student to advocate for or against a specific topic or point of view to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school. B. This state, state agencies, public schools and teachers may not: 1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of: (a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes. (b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes. (d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph. 2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 3. Provide grants or other monies to other state agencies, public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes. 4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in a public school. C. A public school may not: 1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or school employee refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination. 2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment. 3. Award academic credit to a high school student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process. D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a public school may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection. E. A student, parent, teacher or member of the public may report an alleged violation of this section to the department of education. If the superintendent of public instruction determines that a teacher or principal has knowingly or recklessly violated this section, the department shall notify the state board of education. The state board of education shall take the following action against the teacher or principal who is found to have violated this section: 1. For a first offense, issue a formal reprimand. 2. For a second offense, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation. 3. For a third offense, revoke the teacher's or principal's certificate. F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States. G. The state board of education shall adopt rules, subject to approval by the superintendent of Public Instruction, to implement and enforce this section. H. For the purposes of this section: 1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition. 2. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor.END_STATUTE Sec. 4. Notification to public schools and higher education institutions Not later than thirty days after the effective date of this act: 1. The department of education shall transmit a copy of this act to each public school and to each career technical education district that provides instruction to adult students in this state. 2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents. 3. The state board for private postsecondary education shall transmit a copy of this act to each private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2, Arizona Revised Statutes.h public school and to each career technical education district that provides instruction to adult students in this state. 2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents. 3. The state board for private postsecondary education shall transmit a copy of this act to each private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2. Sec. 5. Short title This act may be cited as "Antisemitism in Education Act".
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 section 15-120.05, to read:
START_STATUTE15-120.05. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; rules; definitions
A. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not:
1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment.
2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment.
3. Call for genocide of any group of persons or for the murder of members of a particular group.
4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school.
B. This state, state agencies, public schools and teachers may not:
1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:
(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.
2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
3. Provide grants or other monies to other state agencies, public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in a public school.
C. A public school may not:
1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or school employee refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.
2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.
3. Award academic credit to a high school student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process.
D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a public school may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection.
E. A student, parent, teacher or member of the public may report an alleged violation of this section to the department of education. If the superintendent of public instruction determines that a teacher or principal has knowingly or recklessly violated this section, the department shall notify the state board of education. The state board of education shall take the following action against the teacher or principal who is found to have violated this section:
1. For a first offense, issue a formal reprimand.
2. For a second offense, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation.
3. For a third offense, revoke the teacher's or principal's certificate.
F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.
G. The state board of education shall adopt rules, subject to approval by the superintendent of Public Instruction, to implement and enforce this section.
H. For the purposes of this section:
1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition.
2. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor. END_STATUTE
Sec. 2. Heading change
A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION".
B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES".
Sec. 3. Title 15, chapter 18, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. ANTISEMITISM PREVENTION
START_STATUTE15-2311. Antisemitism and anti-Semitic conduct, acts or processes; prohibitions; civil liability; discipline; policies; student organizations; definitions
A. A faculty member, administrator, employee, contractor or volunteer of a higher education institution may not:
1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile education environment.
2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile education environment.
3. Call for genocide of any group of persons or for the murder of members of a particular group.
4. Require a student to advocate for an anti-semitic point of view or to promote anti-semitic conduct to receive credit across every subject area for coursework or to receive credits that are necessary for the student to complete a degree or certificate program.
B. This state, state agencies, higher education institutions and faculty members, employees and contractors of higher education institutions may not:
1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:
(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(c) providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.
2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
3. Provide grants or other monies to other state agencies, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in the higher education institution.
C. A higher education institution may not:
1. take any adverse employment action against a faculty member, administrator, employee or contractor because the individual refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.
2. Require a faculty member, administrator, employee or contractor to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.
3. Award academic credit to a student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process.
D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a higher education institution that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a higher education institution may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or higher education institution in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection.
E. A student, parent, faculty member or member of the public may report an alleged violation of this section to the highest ranking official at a higher education institution. The official shall initiate an internal investigation of any report received pursuant to this subsection not later than fifteen days after receipt. Notwithstanding section 15-1896, if the official is notified that a faculty member, administrator, employee or contractor has been found responsible for a violation of this section in an action brought pursuant to subsection D of this section or if, following an investigation conducted pursuant to this subsection, the official determines that a faculty member, administrator, employee or contractor has knowingly or recklessly violated this section, the official shall take the following action against the faculty member, administrator, employee or contractor who violated this section:
1. For a first offense, issue a formal reprimand.
2. For a second offense, suspend the individual without pay for a period of time determined by the official based on the severity and circumstances of the violation.
3. For a third offense, terminate the individual's employment.
F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.
G. Each higher education institution shall:
1. revise the higher education institution's policies and procedures, including any policy relating to tenure, to implement and enforce this section and notify all employees and contractors of the revised policies.
2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section.
3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote any antisemitism or anti-Semitic conduct, act or process.
4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section.
5. Ensure that each employee and contractor of the higher education institution complies with the requirements of this section, including any contractor that is hired by the higher education institution to provide training or a workshop, forum or other program to the higher education institution's employees.
6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either:
(a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people.
(b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state.
7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against any demonstrator who engages in antisemitism or anti-Semitic conduct, acts or processes.
8. Refuse to recognize or shall revoke the recognition of and support for any student organization that either:
(a) Invites a guest speaker who incites any antisemitism or anti-Semitic conduct, acts or processes on the higher education institution's campus.
(b) Organizes, promotes, incites or invites the student organization's members to engage in any antisemitism or anti-Semitic conduct, acts or processes.
(c) Engages in any act, conduct or process calling for genocide of any group of persons or for the murder of members of a particular group, to the extent that the act, conduct or process creates a hostile education environment.
9. Annually review and assess the higher education institution's compliance with this section and submit a compliance report to the president of the senate and the speaker of the house of representatives on or before January 10 of each year.
H. For the purposes of this section:
1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition.
2. "Higher education institution" means any of the following:
(a) A university under the jurisdiction of the Arizona board of regents.
(b) A community college as defined in section 15-1401.
(c) A career technical education district that provides instruction to adult students.
(d) A private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2 and that receives monies from this state or any political subdivision of this state.
3. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor. faculty member, employee, contractor or of higher education institution complete a degree or certificate programhigher education institutions and faculty members, employees contractors of higher education institutions higher education institutions or faculty members, employees or contractors of higher education institutions thehigher education institutionhigher education institutionfaculty member, administrator, or contractor individualfaculty member, administrator, employee or contractor higher education institution higher education institution higher education institutionNotwithstanding section 15-1896, iofficialindividual without pay for a period of time determined by the official terminate the individual's employmentEach higher education institution shall:
1. revise the higher education institution's policies and procedures, including any policy relating to tenure, and notify all employees and contractors of the revised policies.
2. In any employment or tenure decision, Consider as a negative factor any confirmed report that a faculty member, administrator, employee or contractor of the higher education institution has violated this section.
3. Review the higher education institution's grant and scholarship programs to determine whether any program requires recipients to certify that the recipients will not use monies received through the grant or scholarship program to promote .
4. Review the higher education institution's employee training programs to ensure that each program complies with the requirements of this section.
5. Ensure that every employee and contractor of the higher education institution complies with the requirements of this section, including any contractor who is hired by the higher education institution to provide training, a workshop, forum or other program to the higher education institution's employees.
6. Take actions to encourage the faculty members, administrators, employees and contractors of the higher education institution to not discriminate against the individual's Jewish and non-Jewish colleagues on the basis of either:
(a) The colleague's religion, ethnicity, support for the state of Israel or support for the Jewish people.
(b) One or more of the colleague's characteristics that are protected by federal law or the laws of this state.
7. Protect each guest lecturer and, if applicable, student organization that invites a guest lecturer against demonstrator who engages in ses.
8. Refuse to recognize or revoke the recognition of and support for any student organization that either:
(a) Invites a guest speaker who incites ses on the higher education institution's campus.
(b) Organizes, promotes, incites or invites the student organization's members to engage in ses.
(c) Engages in acts, conduct or processes calling for genocide of any group of persons, or for the murder of members of a particular group, to the extent that such acts, conduct or processes create a hostile education environment.
9. Annually review and assess the higher education institution's compliance with this section and submit a compliance report to the president of the senate and the speaker of the house of representatives no later than January 10 of each year.
2. "Higher education institution" means any of the following:
(a) A university under the jurisdiction of the Arizona board of regents.
(b) A community college as defined in section 15-1401.
(c) A career technical education district that provides instruction to adult students.
(d) A private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2 and that receives monies from this state or any political subdivision of this state.
32.[A. The chapter heading of title 15, chapter 18, Arizona Revised Statutes, is changed from "HAZING PREVENTION POLICIES" to "HOSTILE EDUCATION ENVIRONMENT PREVENTION".
B. The article heading of title 15, chapter 18, article 1, Arizona Revised Statutes, is changed from "GENERAL PROVISIONS" to "HAZING PREVENTION POLICIES".
3.ANTISEMITISM PREVENTIONA. A public school, a teacher, a principal, a school administrator or a volunteer or contractor for a public school may not:
1. Teach, instruct or train students in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile educational environment.
2. Promote or provide professional development in any antisemitism or anti-Semitic conduct, act or process that constitutes harassment or discrimination and that creates a hostile work environment or a hostile educational environment.
3. Call for genocide of any group of persons or for the murder of members of a particular group.
4. Require a student to advocate for or against a specific topic or point of view to receive credit across every subject area for coursework or to receive credits that are necessary for the student to graduate from high school.
B. This state, state agencies, public schools and teachers may not:
1. apply for, solicit, receive or use monies or in-kind goods or services from any source for the purpose of:
(a) teaching, instructing or training students in antisemitism or anti-Semitic conduct, acts or processes.
(b) developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(c) providing teacher training or professional development for a course that promotes antisemitism or anti-Semitic conduct, acts or processes.
(d) hiring or retaining a contractor for any purpose described in subdivision (a), (b) or (c) of this paragraph.
2. Use any public monies to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
3. Provide grants or other monies to other state agencies, public schools or teachers to support the costs of teaching antisemitism or anti-Semitic conduct, acts or processes.
4. Accept or use monies that are intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct, acts or processes to students who are enrolled in a public school.
C. A public school may not:
1. take any adverse employment action against a teacher, school administrator or other school employee because the teacher, school administrator or school employee refused to teach or promote antisemitism or anti-Semitic conduct, acts or processes or to support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct, acts or processes. For the purposes of this paragraph, "adverse employment action" includes penalties and discrimination.
2. Require a teacher, school administrator or other school employee to complete a curriculum that includes any antisemitism or anti-Semitic conduct, act or process as a condition of employment or continued employment.
3. Award academic credit to a high school student for completing a course that includes any antisemitism or anti-Semitic conduct, act or process or that promotes any antisemitism or anti-Semitic conduct, act or process.
D. A student who is at least eighteen years of age, or the parents of a minor student, may bring an action in a court of competent jurisdiction to enjoin any violation of this section that creates a hostile education environment for the student. Notwithstanding any other law, an individual or a public school that is a named defendant in a civil action that is brought pursuant to this subsection is not immune from civil liability, and each individual is personally liable for any damages arising from the individual's conduct in violation of this section. This state, a state agency or a public school may not use taxpayer monies to satisfy a judgment that is entered against the state, state agency or public school in an action brought pursuant to this subsection or to reimburse an individual defendant who is found liable for a violation of this section. A court may award actual damages, consequential damages, punitive damages, court costs and reasonable attorney fees in an action brought pursuant to this subsection.
E. A student, parent, teacher or member of the public may report an alleged violation of this section to the department of education. If the superintendent of public instruction determines that a teacher or principal has knowingly or recklessly violated this section, the department shall notify the state board of education. The state board of education shall take the following action against the teacher or principal who is found to have violated this section:
1. For a first offense, issue a formal reprimand.
2. For a second offense, suspend the teacher's or principal's certificate for a period of time that is determined by the state board of education based on the severity and circumstances of the violation.
3. For a third offense, revoke the teacher's or principal's certificate.
F. This section does not prohibit any individual from discussing or using instructional materials as a part of a course of instruction about the history of Jews, Judaism or the State of Israel. This section does not diminish or infringe on any right protected under the Constitution of Arizona or the First Amendment to the Constitution of the United States.
G. The state board of education shall adopt rules, subject to approval by the superintendent of Public Instruction, to implement and enforce this section.
H. For the purposes of this section:
1. "Antisemitism" means antisemitism as defined by the International Holocaust Remembrance Alliance on May 26, 2016 and as adopted by the United States Department of State, including the contemporary examples of antisemitism identified in the adopted definition.
2. "Hostile education environment" means that harassment or discrimination is so severe, pervasive or persistent that it interferes with or limits a student's ability to participate in or benefit from the services, activities or opportunities that are offered by a school, faculty member, school administrator, school employee, school official or school contractor.END_STATUTE
Sec. 4. Notification to public schools and higher education institutions
Not later than thirty days after the effective date of this act:
1. The department of education shall transmit a copy of this act to each public school and to each career technical education district that provides instruction to adult students in this state.
2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents.
3. The state board for private postsecondary education shall transmit a copy of this act to each private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2, Arizona Revised Statutes.h public school and to each career technical education district that provides instruction to adult students in this state.
2. The Arizona board of regents shall transmit a copy of this act to each university under the jurisdiction of the Arizona board of regents.
3. The state board for private postsecondary education shall transmit a copy of this act to each private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2.
Sec. 5. Short title
This act may be cited as "Antisemitism in Education Act".