antisemitism; public schools; prohibition; penalties

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• Feb 25, 2026
  Transmit to Senate

  House
• Mar 8, 2026
  Senate First Reading

  Senatereading-1
• Mar 9, 2026
  Senate Second Reading

  Senatereading-2
• Mar 17, 2026
  DP

  Senatecommittee-passage
• Apr 8, 2026
  DP

  Senateinformal-passage

Roll-Call Votes

• do pass

  committee-passagefail

  House · Feb 22, 2026

  0 yes0 no0 other0 absent0 excused0 not voting

• Passed

  passagepass

  House · Feb 24, 2026

  31 yes22 no0 other0 absent0 excused7 not voting

• do pass

  committee-passagefail

  Senate · Apr 8, 2026

  0 yes0 no0 other0 absent0 excused0 not voting

Documents

• HOUSE SUMMARY: 02/07/2026 Education

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• HOUSE SUMMARY: 02/12/2026 Caucus & COW

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• HOUSE SUMMARY: 02/25/2026 House Engrossed

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• SENATE FACT SHEET: 03/16/2026 ED

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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 15-120.08, to read:
15-120.08. Antisemitism and anti-Semitic conduct, acts or
processes;        prohibitions;       discipline;
enforcement; civil liability; 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. 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 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 OTHER 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.
D. A STUDENT, A STUDENT'S PARENT, A TEACHER OR A MEMBER OF THE
PUBLIC MAY REPORT AN ALLEGED VIOLATION OF THIS SECTION TO THE HIGHEST
RANKING OFFICIAL OF THE PUBLIC SCHOOL OR THE OFFICIAL'S DESIGNEE. A
REPORT MADE PURSUANT TO THIS SUBSECTION MAY IDENTIFY MULTIPLE ALLEGED
VIOLATIONS OF THIS SECTION. THE OFFICIAL OR DESIGNEE SHALL DETERMINE IN
WRITING WHETHER A VIOLATION OCCURRED AND, IF THE SUBJECT OF THE REPORT IS
A TEACHER OR PRINCIPAL, WHETHER THE TEACHER OR PRINCIPAL KNOWINGLY OR
RECKLESSLY VIOLATED THIS SECTION. IF THE OFFICIAL OR DESIGNEE DETERMINES
THAT A VIOLATION OCCURRED, THE OFFICIAL OR DESIGNEE SHALL ACT TO CORRECT
THE VIOLATION WITHIN THIRTY DAYS AFTER RECEIVING THE REPORT AND SHALL
NOTIFY THE STATE BOARD OF EDUCATION, AND THE STATE BOARD SHALL TAKE THE
APPROPRIATE ACTION AGAINST THE TEACHER OR PRINCIPAL PURSUANT TO SUBSECTION
G OF THIS SECTION.
E. A STUDENT, A STUDENT'S PARENT OR A TEACHER OR EMPLOYEE OF A
SCHOOL DISTRICT OR CHARTER SCHOOL MAY APPEAL A DETERMINATION MADE OR
ACTION TAKEN UNDER SUBSECTION D OF THIS SECTION BY FILING A COMPLAINT WITH
THE SCHOOL DISTRICT GOVERNING BOARD OR CHARTER SCHOOL GOVERNING BODY. THE
GOVERNING BOARD OR GOVERNING BODY SHALL HOLD A HEARING TO DETERMINE
WHETHER A VIOLATION OCCURRED AND, IF THE GOVERNING BOARD OR GOVERNING BODY
DETERMINES THAT A VIOLATION OCCURRED, ACT TO RESOLVE THE VIOLATION WITHIN
THIRTY DAYS AFTER RECEIVING THE APPEAL. IF THE GOVERNING BOARD OR
GOVERNING BODY DETERMINES THAT A TEACHER OR PRINCIPAL KNOWINGLY OR
RECKLESSLY VIOLATED THIS SECTION, THE GOVERNING BOARD OR GOVERNING BODY
SHALL NOTIFY THE STATE BOARD OF EDUCATION, AND THE STATE BOARD SHALL TAKE
THE APPROPRIATE ACTION AGAINST THE TEACHER OR PRINCIPAL PURSUANT TO
SUBSECTION G OF THIS SECTION. ANY DETERMINATION MADE UNDER THIS
SUBSECTION MUST INCLUDE AN EXPLANATION OF THE DETERMINATION.
F. A STUDENT, A STUDENT'S PARENT OR A TEACHER OR EMPLOYEE OF A
PUBLIC SCHOOL MAY FILE A COMPLAINT WITH THE STATE BOARD OF EDUCATION FOR
AN ALLEGED VIOLATION OF THIS SECTION AFTER THE PUBLIC SCHOOL THAT IS THE
SUBJECT OF THE COMPLAINT HAS HAD THE OPPORTUNITY TO RESOLVE THE COMPLAINT
AS PRESCRIBED IN SUBSECTIONS D AND E OF THIS SECTION. IF THE STATE BOARD
DETERMINES THAT A VIOLATION OCCURRED, THE STATE BOARD SHALL NOTIFY THE
PUBLIC SCHOOL THAT IT IS IN VIOLATION OF THIS SECTION. IF THE STATE BOARD
DETERMINES THAT A TEACHER OR PRINCIPAL KNOWINGLY OR RECKLESSLY VIOLATED
THIS SECTION, THE STATE BOARD SHALL TAKE THE APPROPRIATE ACTION AGAINST
THE TEACHER OR PRINCIPAL PURSUANT TO SUBSECTION G OF THIS SECTION.
G. IF THE STATE BOARD OF EDUCATION FINDS OR IS NOTIFIED THAT A
TEACHER OR PRINCIPAL HAS BEEN FOUND TO HAVE KNOWINGLY OR RECKLESSLY
VIOLATED THIS SECTION PURSUANT TO SUBSECTION D, E, F OR H OF THIS SECTION,
THE STATE BOARD OF EDUCATION SHALL TAKE THE FOLLOWING ACTION AGAINST THE
TEACHER OR PRINCIPAL:
1. FOR A FIRST VIOLATION, ISSUE A FORMAL REPRIMAND.
2. FOR A SECOND VIOLATION, 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 VIOLATION, REVOKE THE TEACHER'S OR PRINCIPAL'S
CERTIFICATE.
H. AFTER THE STATE BOARD OF EDUCATION MAKES A DETERMINATION
PURSUANT TO SUBSECTION F OF THIS SECTION, A STUDENT WHO IS AT LEAST
EIGHTEEN YEARS OF AGE OR THE PARENT OF A MINOR STUDENT MAY BRING AN ACTION
IN A COURT OF COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THIS
SECTION THAT IS ALLEGED IN THE COMPLAINT FILED PURSUANT TO SUBSECTION F OF
THIS SECTION AND 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. A PUBLIC SCHOOL MAY NOT USE TAXPAYER MONIES TO
SATISFY A JUDGMENT THAT IS ENTERED AGAINST THE 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. A COURT SHALL HOLD A TRIAL DE NOVO FOR AN ACTION BROUGHT
PURSUANT TO THIS SUBSECTION AND SHALL DECIDE ALL QUESTIONS OF FACT WITHOUT
DEFERENCE TO ANY PREVIOUS DETERMINATION THAT HAS BEEN MADE PURSUANT TO
THIS SECTION. TO PREVAIL IN AN ACTION BROUGHT PURSUANT TO THIS
SUBSECTION, THE STUDENT OR STUDENT'S PARENT MUST PROVE BY A PREPONDERANCE
OF THE EVIDENCE THAT EACH ALLEGED VIOLATION OCCURRED AND MET ALL OF THE
FOLLOWING:
1. WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.
2. WAS CHARACTERIZED BY ANTISEMITISM.
3. WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE
FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
4. CREATED A HOSTILE EDUCATION ENVIRONMENT FOR THE STUDENT.
I. 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.
J. THE STATE BOARD OF EDUCATION SHALL ADOPT RULES TO IMPLEMENT AND
ENFORCE THIS SECTION.
K. 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, IF THE ANTISEMITISM IS AT LEAST ONE OF THE FOLLOWING:
(a) AN ACT OR ACTS.
(b) SPEECH THAT IS NOT PROTECTED BY EITHER THE CONSTITUTION OF
ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
2. "HOSTILE EDUCATION ENVIRONMENT" MEANS AN ENVIRONMENT IN WHICH
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.
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
15-2311. Antisemitism and anti-Semitic conduct, acts or
processes; prohibitions; discipline; enforcement;
civil liability; policies; 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. 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 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 A 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.
D. A STUDENT, A STUDENT'S PARENT, A FACULTY MEMBER OR A MEMBER OF
THE PUBLIC MAY REPORT AN ALLEGED VIOLATION OF THIS SECTION TO THE HIGHEST
RANKING OFFICIAL AT A HIGHER EDUCATION INSTITUTION OR THE OFFICIAL'S
DESIGNEE. A REPORT MADE PURSUANT TO THIS SUBSECTION MAY IDENTIFY MULTIPLE
ALLEGED VIOLATIONS OF THIS SECTION. THE OFFICIAL OR DESIGNEE SHALL
INITIATE AN INTERNAL INVESTIGATION OF ANY REPORT RECEIVED PURSUANT TO THIS
SUBSECTION NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT.     THE OFFICIAL OR
DESIGNEE SHALL DETERMINE IN WRITING WHETHER A VIOLATION OCCURRED AND, IF
THE SUBJECT OF THE REPORT IS ONE OR MORE INDIVIDUALS, WHETHER EACH
INDIVIDUAL KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION. IF THE OFFICIAL
OR DESIGNEE DETERMINES THAT A VIOLATION OCCURRED, THE OFFICIAL OR DESIGNEE
SHALL ACT TO CORRECT THE VIOLATION WITHIN THIRTY DAYS AFTER RECEIVING THE
REPORT, AND SHALL TAKE THE APPROPRIATE ACTION AGAINST THE INDIVIDUAL
PURSUANT TO SUBSECTION F OF THIS SECTION.
E. A STUDENT, A STUDENT'S PARENT, A FACULTY MEMBER OR A MEMBER OF
THE PUBLIC MAY FILE A COMPLAINT WITH THE ARIZONA BOARD OF REGENTS OR THE
COMMUNITY COLLEGE DISTRICT GOVERNING BOARD, WHICHEVER APPLIES, FOR AN
ALLEGED VIOLATION OF THIS SECTION AFTER THE HIGHER EDUCATION INSTITUTION
THAT IS THE SUBJECT OF THE COMPLAINT HAS HAD THE OPPORTUNITY TO RESOLVE
THE COMPLAINT AS PRESCRIBED IN SUBSECTION D OF THIS SECTION. IF THE BOARD
DETERMINES THAT A VIOLATION OCCURRED, THE BOARD SHALL NOTIFY THE HIGHER
EDUCATION INSTITUTION THAT IT IS IN VIOLATION OF THIS SECTION. IF THE
BOARD DETERMINES THAT A FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR
CONTRACTOR KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION, THE BOARD SHALL
NOTIFY THE HIGHEST RANKING OFFICIAL AT THE HIGHER EDUCATION INSTITUTION,
OR THE OFFICIAL'S DESIGNEE, AND THE OFFICIAL OR DESIGNEE SHALL TAKE THE
APPROPRIATE ACTION AGAINST THE FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR
CONTRACTOR PURSUANT TO SUBSECTION F OF THIS SECTION.
F. NOTWITHSTANDING SECTION 15-1896, IF AN OFFICIAL OR DESIGNEE IS
NOTIFIED THAT A FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR CONTRACTOR HAS
BEEN FOUND TO HAVE KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION PURSUANT
TO SUBSECTION E OR G OF THIS SECTION OR IF, FOLLOWING AN INVESTIGATION
CONDUCTED PURSUANT TO SUBSECTION D OF THIS SECTION, THE OFFICIAL OR
DESIGNEE DETERMINES THAT A FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR
CONTRACTOR KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION, THE OFFICIAL OR
DESIGNEE SHALL TAKE THE FOLLOWING ACTION AGAINST THE FACULTY MEMBER,
ADMINISTRATOR, EMPLOYEE OR CONTRACTOR:
1. FOR A FIRST VIOLATION, ISSUE A FORMAL REPRIMAND.
2. FOR A SECOND VIOLATION, 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 VIOLATION, TERMINATE THE INDIVIDUAL'S EMPLOYMENT.
G. AFTER THE ARIZONA BOARD OF REGENTS OR THE COMMUNITY COLLEGE
DISTRICT GOVERNING BOARD, WHICHEVER APPLIES, MAKES A DETERMINATION
PURSUANT TO SUBSECTION E OF THIS SECTION, A STUDENT WHO IS AT LEAST
EIGHTEEN YEARS OF AGE OR THE PARENT 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.      A HIGHER EDUCATION
INSTITUTION MAY NOT USE TAXPAYER MONIES TO SATISFY A JUDGMENT THAT IS
ENTERED AGAINST THE 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.
A COURT SHALL HOLD A TRIAL DE NOVO FOR AN ACTION BROUGHT PURSUANT TO THIS
SUBSECTION AND SHALL DECIDE ALL QUESTIONS OF FACT WITHOUT DEFERENCE TO ANY
PREVIOUS DETERMINATION THAT HAS BEEN MADE PURSUANT TO THIS SECTION. TO
PREVAIL IN AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION, THE STUDENT OR
STUDENT'S PARENT MUST PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT EACH
ALLEGED VIOLATION OCCURRED AND MET ALL OF THE FOLLOWING:
1. WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.
2. WAS CHARACTERIZED BY ANTISEMITISM.
3. WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE
FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
4. CREATED A HOSTILE EDUCATION ENVIRONMENT FOR THE STUDENT.
H. 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.
I. 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.
J. 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, IF THE ANTISEMITISM IS AT LEAST ONE OF THE FOLLOWING:
(a) AN ACT OR ACTS.
(b) SPEECH THAT IS NOT PROTECTED BY EITHER THE CONSTITUTION OF
ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
2. "HIGHER EDUCATION INSTITUTION" MEANS EITHER 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.
3. "HOSTILE EDUCATION ENVIRONMENT" MEANS AN ENVIRONMENT IN WHICH
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.
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 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.
Sec. 5. Short title
This act may be cited as "Antisemitism in Education Act".