Arizona Bill Would Arm School Teachers and Staff

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PREFILED JAN 07 2025

REFERENCE TITLE: school safety; employee certification; policies

State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025

HB 2022
Introduced by
Representative Bliss

AN ACT

AMENDING TITLE 15, CHAPTER 2, ARTICLE 2, ARIZONA REVISED STATUTES, BY


ADDING SECTION 15-249.08; AMENDING SECTIONS 15-341 AND 41-1822, ARIZONA
REVISED STATUTES; RELATING TO SCHOOL EMPLOYEES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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HB 2022

1 Be it enacted by the Legislature of the State of Arizona:


2 Section 1. Title 15, chapter 2, article 2, Arizona Revised
3 Statutes, is amended by adding section 15-249.08, to read:
4 15-249.08. Save our children school safety program; employee
5 certification; fund; eligibility to carry firearm;
6 confidentiality; violation; classification;
7 immunity; biennial report; definition
8 A. THE SAVE OUR CHILDREN SCHOOL SAFETY PROGRAM IS ESTABLISHED
9 WITHIN THE DEPARTMENT TO ENHANCE SCHOOL SAFETY THROUGH EMPLOYEE TRAINING,
10 EMERGENCY PREPAREDNESS AND CRISIS RESPONSE. THE DEPARTMENT MAY ADOPT
11 RULES, POLICIES AND PROCEDURES TO IMPLEMENT THIS SECTION.
12 B. THE DEPARTMENT, IN CONSULTATION WITH THE ARIZONA PEACE OFFICER
13 STANDARDS AND TRAINING BOARD, SHALL DEVELOP AND MAINTAIN A LIST OF
14 TRAINING AND CERTIFICATION PROGRAMS, INCLUDING ANNUAL RECERTIFICATION
15 PROGRAMS, THAT MEET OR EXCEED THE UNIFORM STANDARDS ESTABLISHED PURSUANT
16 TO SECTION 41-1822, SUBSECTION C. THE DEPARTMENT SHALL POST THE LIST ON
17 THE DEPARTMENT'S WEBSITE.
18 C. THE SAVE OUR CHILDREN SCHOOL SAFETY PROGRAM FUND IS ESTABLISHED
19 AND CONSISTS OF LEGISLATIVE APPROPRIATIONS, GIFTS, GRANTS AND OTHER
20 DONATIONS. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND
21 ARE CONTINUOUSLY APPROPRIATED AND ARE EXEMPT FROM THE PROVISIONS OF
22 SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS. THE DEPARTMENT
23 SHALL USE MONIES IN THE FUND TO PROVIDE REIMBURSEMENTS ON A FIRST-COME,
24 FIRST-SERVED BASIS FOR THE FOLLOWING:
25 1. AN ELIGIBLE SCHOOL THAT HAS EITHER:
26 (a) PAID FOR ONE OR MORE OF THE ELIGIBLE SCHOOL'S EMPLOYEES TO
27 COMPLETE A TRAINING OR CERTIFICATION PROGRAM LISTED PURSUANT TO SUBSECTION
28 B OF THIS SECTION.
29 (b) PURCHASED SCHOOL SAFETY EQUIPMENT, INCLUDING MEDICAL KITS,
30 SAFETY TOOLS AND PROTECTIVE GEAR, FOR USE AT ONE OR MORE SCHOOL SITES.
31 2. AN INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING:
32 (a) IS EMPLOYED BY AN ELIGIBLE SCHOOL.
33 (b) HAS PAID FOR AND SUCCESSFULLY COMPLETED A TRAINING OR
34 CERTIFICATION PROGRAM LISTED PURSUANT TO SUBSECTION B OF THIS SECTION.
35 (c) IS NOT REIMBURSED BY THE ELIGIBLE SCHOOL FOR THE COSTS OF THE
36 TRAINING OR CERTIFICATION PROGRAM.
37 D. AN ELIGIBLE SCHOOL MAY ADOPT POLICIES AND PROCEDURES TO
38 AUTHORIZE ONE OR MORE EMPLOYEES TO POSSESS AND CARRY A FIREARM ON SCHOOL
39 GROUNDS IF THE ELIGIBLE SCHOOL DOES ALL OF THE FOLLOWING:
40 1. NOTIFIES LOCAL LAW ENFORCEMENT AGENCIES AND THE DEPARTMENT OF
41 THE NUMBER OF EMPLOYEES WHO ARE AUTHORIZED TO POSSESS AND CARRY A FIREARM
42 ON SCHOOL GROUNDS PURSUANT TO THIS SUBSECTION.
43 2. ENSURES THAT EACH EMPLOYEE WHO IS AUTHORIZED TO POSSESS AND
44 CARRY A FIREARM ON SCHOOL GROUNDS PURSUANT TO THIS SUBSECTION HAS A VALID

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HB 2022

1 CERTIFICATION PURSUANT TO A PROGRAM LISTED PURSUANT TO SUBSECTION B OF


2 THIS SECTION.
3 3. COMPLIES WITH THE CONFIDENTIALITY REQUIREMENTS PRESCRIBED IN
4 SUBSECTION E OF THIS SECTION.
5 E. NOTWITHSTANDING ANY OTHER LAW, THE PERSONALLY IDENTIFIABLE
6 INFORMATION OF EACH SCHOOL EMPLOYEE WHO PARTICIPATES IN A TRAINING OR
7 CERTIFICATION PROGRAM LISTED PURSUANT TO SUBSECTION B OF THIS SECTION OR
8 WHO IS AUTHORIZED TO POSSESS AND CARRY A FIREARM ON SCHOOL GROUNDS
9 PURSUANT TO SUBSECTION D OF THIS SECTION IS CONFIDENTIAL AND MAY NOT BE
10 DISCLOSED TO THE PUBLIC. FOR THE PURPOSES OF THIS SUBSECTION, PERSONALLY
11 IDENTIFIABLE INFORMATION INCLUDES THE EMPLOYEE'S NAME, TRAINING SCHEDULE
12 AND DEPLOYMENT. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
13 CLASS 1 MISDEMEANOR.
14 F. NOTWITHSTANDING ANY OTHER LAW, A SCHOOL EMPLOYEE WHO HAS A VALID
15 CERTIFICATION FROM A PROGRAM LISTED PURSUANT TO SUBSECTION B OF THIS
16 SECTION AND WHO ACTS IN GOOD FAITH AND CONSISTENTLY WITH THE CERTIFICATION
17 PROGRAM IS NOT SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR THE SCHOOL
18 EMPLOYEE'S ACTIONS IN DEFENSE OF STUDENTS, SCHOOL EMPLOYEES OR SCHOOL
19 VISITORS DURING AN ACTIVE THREAT OR CRISIS EVENT.
20 G. ANY POLICIES AND PROCEDURES ADOPTED BY A SCHOOL PURSUANT TO
21 SUBSECTION D OF THIS SECTION CONSTITUTE A PROGRAM APPROVED BY THE SCHOOL
22 FOR THE PURPOSES OF SECTION 13-3102, SUBSECTION I, PARAGRAPH 2.
23 H. ON OR BEFORE DECEMBER 31 OF EACH ODD-NUMBERED YEAR, THE
24 DEPARTMENT SHALL SUBMIT A REPORT ON THE SAVE OUR CHILDREN SCHOOL SAFETY
25 PROGRAM TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF
26 THE SENATE AND THE GOVERNOR'S OFFICE, SHALL SUBMIT A COPY TO THE SECRETARY
27 OF STATE AND SHALL POST A COPY ON THE DEPARTMENT'S WEBSITE. THE REPORT
28 REQUIRED BY THIS SUBSECTION SHALL INCLUDE ALL OF THE FOLLOWING:
29 1. THE TOTAL NUMBER OF SCHOOL EMPLOYEES WHO HAVE A VALID
30 CERTIFICATION FROM A PROGRAM LISTED PURSUANT TO SUBSECTION B OF THIS
31 SECTION.
32 2. THE TOTAL NUMBER OF SCHOOL EMPLOYEES WHO ARE AUTHORIZED TO
33 POSSESS AND CARRY A FIREARM ON SCHOOL GROUNDS PURSUANT TO SUBSECTION D OF
34 THIS SECTION.
35 3. THE AMOUNT OF MONIES AVAILABLE IN THE FUND ESTABLISHED BY
36 SUBSECTION C OF THIS SECTION.
37 4. INFORMATION REGARDING ANY INCIDENT OR PROGRAM FEEDBACK SUBMITTED
38 BY ELIGIBLE SCHOOLS, SCHOOL EMPLOYEES AND LAW ENFORCEMENT AGENCIES.
39 5. RECOMMENDATIONS, IF ANY, TO IMPROVE THE PROGRAM ESTABLISHED BY
40 THIS SECTION.
41 I. FOR THE PURPOSES OF THIS SECTION, "ELIGIBLE SCHOOL" MEANS A
42 PUBLIC SCHOOL OR PRIVATE SCHOOL IN THIS STATE THAT OFFERS INSTRUCTION TO
43 STUDENTS IN A KINDERGARTEN PROGRAM OR ANY OF GRADES ONE THROUGH TWELVE.

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HB 2022

1 Sec. 2. Section 15-341, Arizona Revised Statutes, is amended to


2 read:
3 15-341. General powers and duties; immunity; delegation
4 A. The EACH SCHOOL DISTRICT governing board shall:
5 1. Prescribe and enforce policies and procedures to govern the
6 schools that are not inconsistent with the laws or rules prescribed by the
7 state board of education.
8 2. Exclude from schools all books, publications, papers or
9 audiovisual materials of a sectarian, partisan or denominational
10 character. This paragraph does not prohibit the elective course allowed
11 by section 15-717.01.
12 3. Manage and control the school property within its district,
13 except that a district may enter into a partnership with an entity,
14 including a charter school, another school district or a military base, to
15 operate a school or offer educational services in a district building,
16 including at a vacant or partially used building, or in any building on
17 the entity's property pursuant to a written agreement between the parties.
18 4. Acquire school furniture, apparatus, equipment, library books
19 and supplies for the schools to use.
20 5. Prescribe the curricula and criteria for the promotion and
21 graduation of pupils as provided in sections 15-701 and 15-701.01.
22 6. Furnish, repair and insure, at full insurable value, the school
23 property of the district.
24 7. Construct school buildings on approval by a vote of the district
25 electors.
26 8. In the name of the district, convey property belonging to the
27 district and sold by the board.
28 9. Purchase school sites when authorized by a vote of the district
29 at an election conducted as nearly as practicable in the same manner as
30 the election provided in section 15-481 and held on a date prescribed in
31 section 15-491, subsection E, but such authorization shall not necessarily
32 specify the site to be purchased and such authorization shall not be
33 necessary to exchange unimproved property as provided in section 15-342,
34 paragraph 23.
35 10. Construct, improve and furnish buildings used for school
36 purposes when such buildings or premises are leased from the national park
37 service.
38 11. Purchase school sites or construct, improve and furnish school
39 buildings from the proceeds of the sale of school property only on
40 approval by a vote of the district electors.
41 12. Hold pupils to strict account for disorderly conduct on school
42 property.
43 13. Discipline students for disorderly conduct on the way to and
44 from school.

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HB 2022

1 14. Except as provided in section 15-1224, deposit all monies


2 received by the district as gifts, grants and devises with the county
3 treasurer who shall credit the deposits as designated in the uniform
4 system of financial records. If not inconsistent with the terms of the
5 gifts, grants and devises given, any balance remaining after expenditures
6 for the intended purpose of the monies have been made shall be used to
7 reduce school district taxes for the budget year, except that in the case
8 of accommodation schools the county treasurer shall carry the balance
9 forward for use by the county school superintendent for accommodation
10 schools for the budget year.
11 15. Provide that, if a parent or legal guardian chooses not to
12 accept a decision of the teacher as provided in paragraph 42 of this
13 subsection, the parent or legal guardian may request in writing that the
14 governing board review the teacher's decision. This paragraph does not
15 release school districts from any liability relating to a child's
16 promotion or retention.
17 16. Provide for adequate supervision over pupils in instructional
18 and noninstructional activities by certificated or noncertificated
19 personnel.
20 17. Use school monies received from the state and county school
21 apportionment exclusively to pay salaries of teachers and other employees
22 and contingent expenses of the district.
23 18. Annually report to the county school superintendent on or
24 before October 1 in the manner and form and on the blanks prescribed by
25 the superintendent of public instruction or county school superintendent.
26 The board shall also report directly to the county school superintendent
27 or the superintendent of public instruction whenever required.
28 19. Deposit all monies received by school districts other than
29 student activities monies or monies from auxiliary operations as provided
30 in sections 15-1125 and 15-1126 with the county treasurer to the credit of
31 the school district except as provided in paragraph 20 of this subsection
32 and sections 15-1223 and 15-1224, and the board shall spend the monies as
33 provided by law for other school funds.
34 20. Establish bank accounts in which the board during a month may
35 deposit miscellaneous monies received directly by the district. The board
36 shall remit monies deposited in the bank accounts at least monthly to the
37 county treasurer for deposit as provided in paragraph 19 of this
38 subsection and in accordance with the uniform system of financial records.
39 21. Prescribe and enforce policies and procedures for disciplinary
40 action against a teacher who engages in conduct that is a violation of the
41 policies of the governing board but that is not cause for dismissal of the
42 teacher or for revocation of the certificate of the teacher. Disciplinary
43 action may include suspension without pay for a period of time not to
44 exceed ten school days. Disciplinary action shall not include suspension
45 with pay or suspension without pay for a period of time longer than ten

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HB 2022

1 school days. The procedures shall include notice, hearing and appeal
2 provisions for violations that are cause for disciplinary action. The
3 governing board may designate a person or persons to act on behalf of the
4 board on these matters.
5 22. Prescribe and enforce policies and procedures for disciplinary
6 action against an administrator who engages in conduct that is a violation
7 of the policies of the governing board regarding duties of administrators
8 but that is not cause for dismissal of the administrator or for revocation
9 of the certificate of the administrator. Disciplinary action may include
10 suspension without pay for a period of time not to exceed ten school days.
11 Disciplinary action shall not include suspension with pay or suspension
12 without pay for a period of time longer than ten school days. The
13 procedures shall include notice, hearing and appeal provisions for
14 violations that are cause for disciplinary action. The governing board
15 may designate a person or persons to act on behalf of the board on these
16 matters. For violations that are cause for dismissal, the provisions of
17 notice, hearing and appeal in chapter 5, article 3 of this title apply.
18 The filing of a timely request for a hearing suspends the imposition of a
19 suspension without pay or a dismissal pending completion of the hearing.
20 23. Notwithstanding sections 13-3108 and 13-3120, prescribe and
21 enforce policies and procedures that prohibit a person from carrying or
22 possessing a weapon on school grounds unless the person is a peace officer
23 or has obtained specific authorization from the school administrator. A
24 SCHOOL ADMINISTRATOR MAY AUTHORIZE AN EMPLOYEE TO CARRY OR POSSESS A
25 FIREARM ON SCHOOL GROUNDS ONLY AS PROVIDED BY SECTION 15-249.08,
26 SUBSECTION D.
27 24. Prescribe and enforce policies and procedures relating to the
28 health and safety of all pupils participating in district-sponsored
29 practice sessions or games or other interscholastic athletic activities,
30 including:
31 (a) The provision of water.
32 (b) Guidelines, information and forms, developed in consultation
33 with a statewide private entity that supervises interscholastic
34 activities, to inform and educate coaches, pupils and parents of the
35 dangers of concussions and head injuries and the risks of continued
36 participation in athletic activity after a concussion. The policies and
37 procedures shall require that, before a pupil participates in an athletic
38 activity, the pupil and the pupil's parent sign an information form at
39 least once each school year that states that the parent is aware of the
40 nature and risk of concussion. The policies and procedures shall require
41 that a pupil who is suspected of sustaining a concussion in a practice
42 session, game or other interscholastic athletic activity be immediately
43 removed from the athletic activity and that the pupil's parent or guardian
44 be notified. A coach from the pupil's team or an official or a licensed
45 health care provider may remove a pupil from play. A team parent may also

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HB 2022

1 remove the parent's own child from play. A pupil may return to play on
2 the same day if a health care provider rules out a suspected concussion at
3 the time the pupil is removed from play. On a subsequent day, the pupil
4 may return to play if the pupil has been evaluated by and received written
5 clearance to resume participation in athletic activity from a health care
6 provider who has been trained in evaluating and managing concussions and
7 head injuries. A health care provider who is a volunteer and who provides
8 clearance to participate in athletic activity on the day of the suspected
9 injury or on a subsequent day is immune from civil liability with respect
10 to all decisions made and actions taken that are based on good faith
11 implementation of the requirements of this subdivision, except in cases of
12 gross negligence or wanton or wilful neglect. A school district, school
13 district employee, team coach, official or team volunteer or a parent or
14 guardian of a team member is not subject to civil liability for any act,
15 omission or policy undertaken in good faith to comply with the
16 requirements of this subdivision or for a decision made or an action taken
17 by a health care provider. A group or organization that uses property or
18 facilities owned or operated by a school district for athletic activities
19 shall comply with the requirements of this subdivision. A school district
20 and its employees and volunteers are not subject to civil liability for
21 any other person or organization's failure or alleged failure to comply
22 with the requirements of this subdivision. This subdivision does not
23 apply to teams that are based in another state and that participate in an
24 athletic activity in this state. For the purposes of this subdivision,
25 athletic activity does not include dance, rhythmic gymnastics,
26 competitions or exhibitions of academic skills or knowledge or other
27 similar forms of physical noncontact activities, civic activities or
28 academic activities, whether engaged in for the purposes of competition or
29 recreation. For the purposes of this subdivision, "health care provider"
30 means a physician who is licensed pursuant to title 32, chapter 13, 14 or
31 17, an athletic trainer who is licensed pursuant to title 32, chapter 41,
32 a nurse practitioner who is licensed pursuant to title 32, chapter 15, and
33 a physician assistant who is licensed pursuant to title 32, chapter 25.
34 (c) Guidelines, information and forms that are developed in
35 consultation with a statewide private entity that supervises
36 interscholastic activities to inform and educate coaches, pupils and
37 parents of the dangers of heat-related illnesses, sudden cardiac death and
38 prescription opioid use. Before a pupil participates in any
39 district-sponsored practice session or game or other interscholastic
40 athletic activity, the pupil and the pupil's parent must be provided with
41 information at least once each school year on the risks of heat-related
42 illnesses, sudden cardiac death and prescription opioid addiction.
43 25. Establish an assessment, data gathering and reporting system as
44 prescribed in chapter 7, article 3 of this title.

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HB 2022

1 26. Provide special education programs and related services


2 pursuant to section 15-764, subsection A to all children with disabilities
3 as defined in section 15-761.
4 27. Administer competency tests prescribed by the state board of
5 education for the graduation of pupils from high school.
6 28. Ensure that insurance coverage is secured for all construction
7 projects for purposes of general liability, property damage and workers'
8 compensation and secure performance and payment bonds for all construction
9 projects.
10 29. Collect and maintain information about each current and former
11 teacher's educational and teaching background and experience in a
12 particular academic content subject area. A school district shall either
13 post the information on the school district's website or make the
14 information available for inspection on request of parents and guardians
15 of pupils enrolled at a school. This paragraph does not require any
16 school to release personally identifiable information in relation to any
17 teacher, including the teacher's address, salary, social security number
18 or telephone number.
19 30. Report to local law enforcement agencies any suspected crime
20 against a person or property that is a serious offense as defined in
21 section 13-706 or that involves a deadly weapon or dangerous instrument or
22 serious physical injury and any conduct that poses a threat of death or
23 serious physical injury to employees, students or anyone on the property
24 of the school. This paragraph does not limit or preclude the reporting by
25 a school district or an employee of a school district of suspected crimes
26 other than those required to be reported by this paragraph. For the
27 purposes of this paragraph, "dangerous instrument", "deadly weapon" and
28 "serious physical injury" have the same meanings prescribed in section
29 13-105.
30 31. In conjunction with local law enforcement agencies and
31 emergency response agencies, develop an emergency response plan for each
32 school in the school district in accordance with minimum standards
33 developed jointly by the department of education and the division of
34 emergency management within the department of emergency and military
35 affairs. Any emergency response plan developed pursuant to this paragraph
36 must address how the school and emergency responders will communicate with
37 and provide assistance to students with disabilities.
38 32. Provide written notice to the parents or guardians of all
39 students enrolled in the school district at least ten days before a public
40 meeting to discuss closing a school within the school district. The
41 notice shall include the reasons for the proposed closure and the time and
42 place of the meeting. The governing board shall fix a time for a public
43 meeting on the proposed closure not less than ten days before voting in a
44 public meeting to close the school. The school district governing board
45 shall give notice of the time and place of the meeting. At the time and

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HB 2022

1 place designated in the notice, the school district governing board shall
2 hear reasons for or against closing the school. The school district
3 governing board is exempt from this paragraph if the governing board
4 determines that the school shall be closed because it poses a danger to
5 the health or safety of the pupils or employees of the school. A
6 governing board may consult with the division of school facilities within
7 the department of administration for technical assistance and for
8 information on the impact of closing a school. The information provided
9 from the division of school facilities within the department of
10 administration shall not require the governing board to take or not take
11 any action.
12 33. Incorporate instruction on Native American history into
13 appropriate existing curricula.
14 34. Prescribe and enforce policies and procedures:
15 (a) Allowing pupils who have been diagnosed with anaphylaxis by a
16 health care provider licensed pursuant to title 32, chapter 13, 14, 17 or
17 25 or by a registered nurse practitioner licensed and certified pursuant
18 to title 32, chapter 15 to carry and self-administer emergency
19 medications, including epinephrine auto-injectors, while at school and at
20 school-sponsored activities. The pupil's name on the prescription label
21 on the medication container or on the medication device and annual written
22 documentation from the pupil's parent or guardian to the school that
23 authorizes possession and self-administration is sufficient proof that the
24 pupil is entitled to possess and self-administer the medication. The
25 policies shall require a pupil who uses an epinephrine auto-injector while
26 at school and at school-sponsored activities to notify the nurse or the
27 designated school staff person of the use of the medication as soon as
28 practicable. A school district and its employees are immune from civil
29 liability with respect to all decisions made and actions taken that are
30 based on good faith implementation of the requirements of this
31 subdivision, except in cases of wanton or wilful neglect.
32 (b) For the emergency administration of epinephrine auto-injectors
33 by a trained employee of a school district pursuant to section 15-157.
34 35. Allow the possession and self-administration of prescription
35 medication for breathing disorders in handheld inhaler devices by pupils
36 who have been prescribed that medication by a health care professional
37 licensed pursuant to title 32. The pupil's name on the prescription label
38 on the medication container or on the handheld inhaler device and annual
39 written documentation from the pupil's parent or guardian to the school
40 that authorizes possession and self-administration is sufficient proof
41 that the pupil is entitled to possess and self-administer the medication.
42 A school district and its employees are immune from civil liability with
43 respect to all decisions made and actions taken that are based on a good
44 faith implementation of the requirements of this paragraph.

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HB 2022

1 36. Prescribe and enforce policies and procedures to prohibit


2 pupils from harassing, intimidating and bullying other pupils on school
3 grounds, on school property, on school buses, at school bus stops, at
4 school-sponsored events and activities and through the use of electronic
5 technology or electronic communication on school computers, networks,
6 forums and mailing lists that include the following components:
7 (a) A procedure for pupils, parents and school district employees
8 to confidentially report to school officials incidents of harassment,
9 intimidation or bullying. The school shall make available written forms
10 designed to provide a full and detailed description of the incident and
11 any other relevant information about the incident.
12 (b) A requirement that school district employees report in writing
13 suspected incidents of harassment, intimidation or bullying to the
14 appropriate school official and a description of appropriate disciplinary
15 procedures for employees who fail to report suspected incidents that are
16 known to the employee.
17 (c) A requirement that, at the beginning of each school year,
18 school officials provide all pupils with a written copy of the rights,
19 protections and support services available to a pupil who is an alleged
20 victim of an incident reported pursuant to this paragraph.
21 (d) If an incident is reported pursuant to this paragraph, a
22 requirement that school officials provide a pupil who is an alleged victim
23 of the incident with a written copy of the rights, protections and support
24 services available to that pupil.
25 (e) A formal process for documenting reported incidents of
26 harassment, intimidation or bullying and providing for the
27 confidentiality, maintenance and disposition of this documentation.
28 School districts shall maintain documentation of all incidents reported
29 pursuant to this paragraph for at least six years. The school shall not
30 use that documentation to impose disciplinary action unless the
31 appropriate school official has investigated and determined that the
32 reported incidents of harassment, intimidation or bullying occurred. If a
33 school provides documentation of reported incidents to persons other than
34 school officials or law enforcement, all individually identifiable
35 information shall be redacted.
36 (f) A formal process for the appropriate school officials to
37 investigate suspected incidents of harassment, intimidation or bullying,
38 including procedures for notifying the alleged victim and the alleged
39 victim's parent or guardian when a school official or employee becomes
40 aware of the suspected incident of harassment, intimidation or bullying.
41 (g) Disciplinary procedures for pupils who have admitted or been
42 found to have committed incidents of harassment, intimidation or bullying.
43 (h) A procedure that sets forth consequences for submitting false
44 reports of incidents of harassment, intimidation or bullying.

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HB 2022

1 (i) Procedures designed to protect the health and safety of pupils


2 who are physically harmed as the result of incidents of harassment,
3 intimidation and bullying, including, if appropriate, procedures to
4 contact emergency medical services or law enforcement agencies, or both.
5 (j) Definitions of harassment, intimidation and bullying.
6 37. Prescribe and enforce policies and procedures regarding
7 changing or adopting attendance boundaries that include the following
8 components:
9 (a) A procedure for holding public meetings to discuss attendance
10 boundary changes or adoptions that allows public comments.
11 (b) A procedure to notify the parents or guardians of the students
12 affected, including assurance that, if that school remains open as part of
13 the boundary change and capacity is available, students assigned to a new
14 attendance area may stay enrolled in their current school.
15 (c) A procedure to notify the residents of the households affected
16 by the attendance boundary changes.
17 (d) A process for placing public meeting notices and proposed maps
18 on the school district's website for public review, if the school district
19 maintains a website.
20 (e) A formal process for presenting the attendance boundaries of
21 the affected area in public meetings that allows public comments.
22 (f) A formal process for notifying the residents and parents or
23 guardians of the affected area as to the decision of the governing board
24 on the school district's website, if the school district maintains a
25 website.
26 (g) A formal process for updating attendance boundaries on the
27 school district's website within ninety days after an adopted boundary
28 change. The school district shall send a direct link to the school
29 district's attendance boundaries website to the department of real estate.
30 38. If the state board of education determines that the school
31 district has committed an overexpenditure as defined in section 15-107,
32 provide a copy of the fiscal management report submitted pursuant to
33 section 15-107, subsection H on its website and make copies available to
34 the public on request. The school district shall comply with a request
35 within five business days after receipt.
36 39. Ensure that the contract for the superintendent is structured
37 in a manner in which up to twenty percent of the total annual salary
38 included for the superintendent in the contract is classified as
39 performance pay. This paragraph does not require school districts to
40 increase total compensation for superintendents. Unless the school
41 district governing board votes to implement an alternative procedure at a
42 public meeting called for this purpose, the performance pay portion of the
43 superintendent's total annual compensation shall be determined as follows:
44 (a) Twenty-five percent of the performance pay shall be determined
45 based on the percentage of academic gain determined by the department of

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HB 2022

1 education of pupils who are enrolled in the school district compared to


2 the academic gain achieved by the highest ranking of the fifty largest
3 school districts in this state. For the purposes of this subdivision, the
4 department of education shall determine academic gain by the academic
5 growth achieved by each pupil who has been enrolled at the same school in
6 a school district for at least five consecutive months measured against
7 that pupil's academic results in the 2008-2009 school year. For the
8 purposes of this subdivision, of the fifty largest school districts in
9 this state, the school district with pupils who demonstrate the highest
10 statewide percentage of overall academic gain measured against academic
11 results for the 2008-2009 school year shall be assigned a score of 100 and
12 the school district with pupils who demonstrate the lowest statewide
13 percentage of overall academic gain measured against academic results for
14 the 2008-2009 school year shall be assigned a score of 0.
15 (b) Twenty-five percent of the performance pay shall be determined
16 by the percentage of parents of pupils who are enrolled at the school
17 district who assign a letter grade of "A" to the school on a survey of
18 parental satisfaction with the school district. The parental satisfaction
19 survey shall be administered and scored by an independent entity that is
20 selected by the governing board and that demonstrates sufficient expertise
21 and experience to accurately measure the results of the survey. The
22 parental satisfaction survey shall use standard random sampling procedures
23 and provide anonymity and confidentiality to each parent who participates
24 in the survey. The letter grade scale used on the parental satisfaction
25 survey shall direct parents to assign one of the following letter grades:
26 (i) A letter grade of "A" if the school district is excellent.
27 (ii) A letter grade of "B" if the school district is above average.
28 (iii) A letter grade of "C" if the school district is average.
29 (iv) A letter grade of "D" if the school district is below average.
30 (v) A letter grade of "F" if the school district is a failure.
31 (c) Twenty-five percent of the performance pay shall be determined
32 by the percentage of teachers who are employed at the school district and
33 who assign a letter grade of "A" to the school on a survey of teacher
34 satisfaction with the school. The teacher satisfaction survey shall be
35 administered and scored by an independent entity that is selected by the
36 governing board and that demonstrates sufficient expertise and experience
37 to accurately measure the results of the survey. The teacher satisfaction
38 survey shall use standard random sampling procedures and provide anonymity
39 and confidentiality to each teacher who participates in the survey. The
40 letter grade scale used on the teacher satisfaction survey shall direct
41 teachers to assign one of the following letter grades:
42 (i) A letter grade of "A" if the school district is excellent.
43 (ii) A letter grade of "B" if the school district is above average.
44 (iii) A letter grade of "C" if the school district is average.
45 (iv) A letter grade of "D" if the school district is below average.

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HB 2022

1 (v) A letter grade of "F" if the school district is a failure.


2 (d) Twenty-five percent of the performance pay shall be determined
3 by other criteria selected by the governing board.
4 40. Maintain and store permanent public records of the school
5 district as required by law. Notwithstanding section 39-101, the
6 standards adopted by the Arizona state library, archives and public
7 records for the maintenance and storage of school district public records
8 shall allow school districts to elect to satisfy the requirements of this
9 paragraph by maintaining and storing these records either on paper or in
10 an electronic format, or a combination of a paper and electronic format.
11 41. Adopt in a public meeting and implement policies for principal
12 evaluations. Before adopting principal evaluation policies, the school
13 district governing board shall provide opportunities for public discussion
14 on the proposed policies. The governing board shall adopt policies that:
15 (a) Are designed to improve principal performance and improve
16 student achievement.
17 (b) Include the use of quantitative data on the academic progress
18 for all students, which shall account for between twenty percent and
19 thirty-three percent of the evaluation outcomes.
20 (c) Include four performance classifications, designated as highly
21 effective, effective, developing and ineffective.
22 (d) Describe both of the following:
23 (i) The methods used to evaluate the performance of principals,
24 including the data used to measure student performance and job
25 effectiveness.
26 (ii) The formula used to determine evaluation outcomes.
27 42. Prescribe and enforce policies and procedures that define the
28 duties of principals and teachers. These policies and procedures shall
29 authorize teachers to take and maintain daily classroom attendance, make
30 the decision to promote or retain a pupil in a grade in common school or
31 to pass or fail a pupil in a course in high school, subject to review by
32 the governing board in the manner provided in section 15-342,
33 paragraph 11.
34 43. Prescribe and enforce policies and procedures for the emergency
35 administration by an employee of a school district pursuant to section
36 36-2267 of naloxone hydrochloride or any other opioid antagonist approved
37 by the United States food and drug administration.
38 44. In addition to the notification requirements prescribed in
39 paragraph 36 of this subsection, prescribe and enforce reasonable and
40 appropriate policies to notify a pupil's parent or guardian if any person
41 engages in harassing, threatening or intimidating conduct against that
42 pupil. A school district and its officials and employees are immune from
43 civil liability with respect to all decisions made and actions taken that
44 are based on good faith implementation of the requirements of this
45 paragraph, except in cases of gross negligence or wanton or wilful

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HB 2022

1 neglect. A person engages in threatening or intimidating if the person


2 threatens or intimidates by word or conduct to cause physical injury to
3 another person or serious damage to the property of another on school
4 grounds. A person engages in harassment if, with intent to harass or with
5 knowledge that the person is harassing another person, the person
6 anonymously or otherwise contacts, communicates or causes a communication
7 with another person by verbal, electronic, mechanical, telephonic or
8 written means in a manner that harasses on school grounds or substantially
9 disrupts the school environment.
10 45. Each fiscal year, provide to each school district employee a
11 total compensation statement that is broken down by category of benefit or
12 payment and that includes, for that employee, at least all of the
13 following:
14 (a) Base salary and any additional pay.
15 (b) Medical benefits and the value of any employer-paid portions of
16 insurance plan premiums.
17 (c) Retirement benefit plans, including social security.
18 (d) Legally required benefits.
19 (e) Any paid leave.
20 (f) Any other payment made to or on behalf of the employee.
21 (g) Any other benefit provided to the employee.
22 46. Develop and adopt in a public meeting policies to allow for
23 visits, tours and observations of all classrooms by parents of enrolled
24 pupils and parents who wish to enroll their children in the school
25 district unless a visit, tour or observation threatens the health and
26 safety of pupils and staff. These policies and procedures must be easily
27 accessible from the home page on each school's website.
28 B. Notwithstanding subsection A, paragraphs 7, 9 and 11 of this
29 section, the county school superintendent may construct, improve and
30 furnish school buildings or purchase or sell school sites in the conduct
31 of an accommodation school.
32 C. If any school district acquires real or personal property,
33 whether by purchase, exchange, condemnation, gift or otherwise, the
34 governing board shall pay to the county treasurer any taxes on the
35 property that were unpaid as of the date of acquisition, including
36 penalties and interest. The lien for unpaid delinquent taxes, penalties
37 and interest on property acquired by a school district:
38 1. Is not abated, extinguished, discharged or merged in the title
39 to the property.
40 2. Is enforceable in the same manner as other delinquent tax liens.
41 D. The governing board may not locate a school on property that is
42 less than one-fourth mile from agricultural land regulated pursuant to
43 section 3-365, except that the owner of the agricultural land may agree to
44 comply with the buffer zone requirements of section 3-365. If the owner
45 agrees in writing to comply with the buffer zone requirements and records

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HB 2022

1 the agreement in the office of the county recorder as a restrictive


2 covenant running with the title to the land, the school district may
3 locate a school within the affected buffer zone. The agreement may
4 include any stipulations regarding the school, including conditions for
5 future expansion of the school and changes in the operational status of
6 the school that will result in a breach of the agreement.
7 E. A school district, its governing board members, its school
8 council members and its employees are immune from civil liability for the
9 consequences of adopting and implementing policies and procedures pursuant
10 to subsection A of this section and section 15-342. This waiver does not
11 apply if the school district, its governing board members, its school
12 council members or its employees are guilty of gross negligence or
13 intentional misconduct.
14 F. A governing board may delegate in writing to a superintendent,
15 principal or head teacher the authority to prescribe procedures that are
16 consistent with the governing board's policies.
17 G. Notwithstanding any other provision of this title, a school
18 district governing board shall not take any action that would result in a
19 reduction of pupil square footage unless the governing board notifies the
20 school facilities oversight board established by section 41-5701.02 of the
21 proposed action and receives written approval from the school facilities
22 oversight board to take the action. A reduction includes an increase in
23 administrative space that results in a reduction of pupil square footage
24 or sale of school sites or buildings, or both. A reduction includes a
25 reconfiguration of grades that results in a reduction of pupil square
26 footage of any grade level. This subsection does not apply to temporary
27 reconfiguration of grades to accommodate new school construction if the
28 temporary reconfiguration does not exceed one year. The sale of equipment
29 that results in a reduction that falls below the equipment requirements
30 prescribed in section 41-5711, subsection B is subject to commensurate
31 withholding of school district district additional assistance monies
32 pursuant to the direction of the school facilities oversight board.
33 Except as provided in section 15-342, paragraph 10, proceeds from the sale
34 of school sites, buildings or other equipment shall be deposited in the
35 school plant fund as provided in section 15-1102.
36 H. Subsections C through G of this section apply to a county board
37 of supervisors and a county school superintendent when operating and
38 administering an accommodation school.
39 I. A school district governing board may delegate authority in
40 writing to the superintendent of the school district to submit plans for
41 new school facilities to the school facilities oversight board for the
42 purpose of certifying that the plans meet the minimum school facility
43 adequacy guidelines prescribed in section 41-5711.

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HB 2022

1 J. For the purposes of subsection A, paragraph 37 of this section,


2 attendance boundaries may not be used to require students to attend
3 certain schools based on the student's place of residence.
4 Sec. 3. Section 41-1822, Arizona Revised Statutes, is amended to
5 read:
6 41-1822. Powers and duties of board; definition
7 A. With respect to peace officer training and certification, the
8 board shall:
9 1. Establish rules for the government and conduct of the board,
10 including meeting times and places and matters to be placed on the agenda
11 of each meeting.
12 2. Make recommendations, consistent with this article, to the
13 governor, the speaker of the house of representatives and the president of
14 the senate on all matters relating to law enforcement and public safety.
15 3. Prescribe reasonable minimum qualifications for officers to be
16 appointed to enforce the laws of this state and the political subdivisions
17 of this state and certify officers in compliance with these
18 qualifications. Notwithstanding any other law, the qualifications shall
19 require United States citizenship, shall relate to physical, mental and
20 moral fitness and shall govern the recruitment, appointment and retention
21 of all agents, peace officers and police officers of every political
22 subdivision of this state. The board shall constantly review the
23 qualifications established by this section and may amend the
24 qualifications at any time, subject to the requirements of section
25 41-1823.
26 4. Prescribe minimum courses of training and minimum standards for
27 training facilities for law enforcement officers. Only this state and
28 political subdivisions of this state may conduct basic peace officer
29 training. Basic peace officer academies may admit individuals who are not
30 peace officer cadets only if a cadet meets the minimum qualifications
31 established by paragraph 3 of this subsection. Training shall include:
32 (a) Courses in responding to and reporting all criminal offenses
33 that are motivated by race, color, religion, national origin, sexual
34 orientation, gender or disability.
35 (b) Training certified by the director of the department of health
36 services with assistance from a representative of the board on the nature
37 of unexplained infant death and the handling of cases involving the
38 unexplained death of an infant.
39 (c) Medical information on unexplained infant death for first
40 responders, including awareness and sensitivity in dealing with families
41 and child care providers, and the importance of forensically competent
42 death scene investigations.
43 (d) Information on the protocol of investigation in cases of an
44 unexplained infant death, including the importance of a consistent policy
45 of thorough death scene investigation.

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HB 2022

1 (e) The use of the infant death investigation checklist pursuant to


2 section 36-3506.
3 (f) If an unexplained infant death occurs, the value of timely
4 communication between the medical examiner's office, the department of
5 health services and appropriate social service agencies that address the
6 issue of infant death and bereavement, to achieve a better understanding
7 of these deaths and to connect families to various community and public
8 health support systems to enhance recovery from grief.
9 5. Recommend curricula for advanced courses and seminars in law
10 enforcement and intelligence training in universities, colleges and
11 community colleges, in conjunction with the governing body of the
12 educational institution.
13 6. Make inquiries to determine whether this state or political
14 subdivisions of this state are adhering to the standards for recruitment,
15 appointment, retention and training established pursuant to this article.
16 The failure of this state or any political subdivision to adhere to the
17 standards shall be reported at the next regularly scheduled meeting of the
18 board for action deemed appropriate by that body.
19 7. Employ an executive director and other staff as are necessary to
20 fulfill the powers and duties of the board in accordance with the
21 requirements of the law enforcement merit system council.
22 B. With respect to state department of corrections correctional
23 officers, the board shall:
24 1. Approve a basic training curriculum of at least two hundred
25 forty hours.
26 2. Establish uniform minimum standards. These standards shall
27 include high school graduation or the equivalent and a physical
28 examination as prescribed by the director of the state department of
29 corrections.
30 3. Establish uniform standards for background investigations,
31 including criminal histories under section 41-1750, of all applicants
32 before enrolling in the academy. The board may adopt special procedures
33 for extended screening and investigations in extraordinary cases to ensure
34 suitability and adaptability to a career as a correctional officer.
35 4. Issue a certificate of completion to any state department of
36 corrections correctional officer who satisfactorily complies with the
37 minimum standards and completes the basic training program. The board may
38 issue a certificate of completion to a state department of corrections
39 correctional officer who has received comparable training in another state
40 if the board determines that the training was at least equivalent to that
41 provided by the academy and if the person complies with the minimum
42 standards.
43 5. Establish continuing training requirements and approve
44 curricula.

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HB 2022

1 C. IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION, THE BOARD


2 SHALL ESTABLISH UNIFORM STANDARDS FOR TRAINING AND CERTIFICATION PROGRAMS
3 FOR WHICH A SCHOOL OR SCHOOL EMPLOYEE MAY BE REIMBURSED PURSUANT TO
4 SECTION 15-249.08, SUBSECTION C THAT INCLUDE THE FOLLOWING:
5 1. FOR INITIAL CERTIFICATION, EACH OF THE FOLLOWING:
6 (a) AT LEAST FOUR HOURS OF USE-OF-FORCE TRAINING PROVIDED BY A
7 PEACE OFFICER, AN ATTORNEY OR A FIREARMS SAFETY TRAINING INSTRUCTOR AS
8 DEFINED IN SECTION 32-2601.
9 (b) AT LEAST TWENTY-FOUR HOURS OF FIREARMS TRAINING PROVIDED BY A
10 PEACE OFFICER, A FIREARMS SAFETY TRAINING INSTRUCTOR AS DEFINED IN SECTION
11 32-2601 OR AN INSTRUCTOR WHO CONDUCTS A PISTOL QUALIFYING EXAMINATION
12 PURSUANT TO SECTION 38-1113.
13 (c) AT LEAST FOUR HOURS OF TACTICAL EMERGENCY CASUALTY CARE
14 TRAINING PROVIDED BY AN EMERGENCY MEDICAL CARE TECHNICIAN AS DEFINED IN
15 SECTION 36-2201, A REGISTERED NURSE AS DEFINED IN SECTION 32-1601 OR A
16 LICENSED PHYSICIAN.
17 (d) AT LEAST EIGHT HOURS OF LIVE SCENARIO TRAINING THAT TESTS
18 COMPETENCY IN THE SUBJECTS TAUGHT PURSUANT TO SUBDIVISIONS (a), (b) AND
19 (c) OF THIS PARAGRAPH.
20 2. FOR ANNUAL RECERTIFICATION, BOTH OF THE FOLLOWING:
21 (a) A BOARD-PRESCRIBED FIREARMS QUALIFICATION COURSE.
22 (b) CONTINUING EDUCATION AND REVIEW OF TACTICAL EMERGENCY CASUALTY
23 CARE TRAINING PROVIDED BY AN EMERGENCY MEDICAL CARE TECHNICIAN AS DEFINED
24 IN SECTION 36-2201, A REGISTERED NURSE AS DEFINED IN SECTION 32-1601 OR A
25 LICENSED PHYSICIAN.
26 C. D. With respect to peace officer misconduct, the board may:
27 1. Receive complaints of peace officer misconduct from any person,
28 request law enforcement agencies to conduct investigations and conduct
29 independent investigations into whether an officer is in compliance with
30 the qualifications established pursuant to subsection A, paragraph 3 of
31 this section.
32 2. Receive a complaint of peace officer misconduct from the
33 president or chief executive officer of a board recognized law enforcement
34 association that represents the interests of certified law enforcement
35 officers if the association believes that a law enforcement agency refused
36 to investigate or made findings that are contradictory to prima facie
37 evidence of a violation of the qualifications established pursuant to
38 subsection A, paragraph 3 of this section. If the board finds that the
39 law enforcement agency refused to investigate or made findings that
40 contradicted prima facie evidence of a violation of the qualifications
41 established pursuant to subsection A, paragraph 3 of this section, the
42 board shall conduct an independent investigation to determine whether the
43 officer is in compliance with the qualifications established pursuant to
44 subsection A, paragraph 3 of this section and provide a letter of the
45 findings based on the investigation conducted by the board to the

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HB 2022

1 president or chief executive officer of the board recognized law


2 enforcement association who made the complaint.
3 D. E. The board may:
4 1. Deny, suspend, revoke or cancel the certification of an officer
5 who is not in compliance with the qualifications established pursuant to
6 subsection A, paragraph 3 of this section.
7 2. Provide training and related services to assist state, tribal
8 and local law enforcement agencies to better serve the public, including
9 training for emergency alert notification systems.
10 3. Enter into contracts to carry out its powers and duties.
11 E. F. This section does not create a cause of action or a right to
12 bring an action, including an action based on discrimination due to sexual
13 orientation.
14 F. G. For the purposes of this section, "sexual orientation" means
15 consensual homosexuality or heterosexuality.

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