Arizona Laws 15-717.02. Prohibited instruction; disciplinary action; legal action; civil penalty
(L21, Ch. 404, sec. 21)
Terms Used In Arizona Laws 15-717.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Charter school: means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement. See Arizona Laws 15-101
- Course: means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. See Arizona Laws 15-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- public school: means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve. See Arizona Laws 15-101
- School district: means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school. See Arizona Laws 15-101
- Subject: means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra. See Arizona Laws 15-101
A. A teacher, administrator or other employee of a school district, charter school or state agency who is involved with students and teachers in grades preschool through the twelfth grade may not use public monies for instruction that presents any form of blame or judgment on the basis of race, ethnicity or sex.
B. A teacher, administrator or other employee of a school district, charter school or state agency who is involved with students and teachers in grades preschool through the twelfth grade may not allow instruction in or make part of a course the following concepts:
1. One race, ethnic group or sex is inherently morally or intellectually superior to another race, ethnic group or sex.
2. An individual, by virtue of the individual’s race, ethnicity or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously.
3. An individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity or sex.
4. An individual’s moral character is determined by the individual’s race, ethnicity or sex.
5. An individual, by virtue of the individual’s race, ethnicity or sex, bears responsibility for actions committed by other members of the same race, ethnic group or sex.
6. An individual should feel discomfort, guilt, anguish or any other form of psychological distress because of the individual’s race, ethnicity or sex.
7. Academic achievement, meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group or sex to oppress members of another race, ethnic group or sex.
C. An attorney acting on behalf of a public school may request a legal opinion of the attorney general or county attorney as to whether a proposed use of school district resources would violate this section.
D. A teacher who violates this section shall be subject to disciplinary action, including the suspension or revocation of the teacher’s certificate, as the state board deems appropriate.
E. The attorney general or the county attorney for the county in which an alleged violation of this section occurs may initiate a suit in the superior court in the county in which the school district, charter school or state agency is located for the purpose of complying with this section.
F. For each violation of this section, including subsequent or continued violations, the court may impose a civil penalty not to exceed $5,000 per school district, charter school or state agency where the violation occurs.
G. This section does not preclude any training on sexual harassment or lessons on recognizing and reporting abuse.