Measure

Language Under Review by Legislative Counsel, Final Language Announcement Pending.

Voter Initiative:
Arizona Classroom Code of Ethics for
K-12 Public Schools
SECTION 1. THIS ACT SHALL BE KNOWN AS THE KEEP PARTISAN POLITICS OUT OF
THE CLASSROOM ACT (“THIS ACT”).
Section 2. Title 15, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section
15-505, to read:
15-505. EDUCATOR CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY; RULES;
CONTINUING EDUCATION; DEFINITIONS; EXCEPTION; EFFECTIVE DATE
A.THE PEOPLE OF THE STATE OF ARIZONA HEREIN ESTABLISH THE CLASSROOM
CODE OF ETHICS AND PROFESSIONAL STANDARDS OF BEHAVIOR (“THE CODE”)].
THE STATE BOARD OF EDUCATION SHALL ADOPT AND COMMUNICATE RULES
DETAILING THE REQUIREMENTS OF THIS SECTION TO ALL TEACHERS AND
TEACHING ASSISTANTS IN PUBLIC EDUCATIONAL INSTITUTIONS IN THE GRADES
OF KINDERGARTEN THROUGH 12. THE RULES SHALL BE ADOPTED BY FEBRUARY
1, 2021.
B. THE RULES ADOPTED PURSUANT TO THIS SECTION SHALL:
1. BE CLEARLY WRITTEN AND UNIFORMLY ENFORCED.
2. INCLUDE ENFORCEMENT MECHANISMS FOR APPROPRIATE
PROFESSIONAL AND ETHICAL BEHAVIOR BY CERTIFICATED TEACHERS.
3. PROHIBIT TEACHERS AND TEACHING ASSISTANTS IN A PUBLIC
EDUCATIONAL INSTITUTION FROM ENGAGING IN POLITICAL ADVOCACY IN
THEIR CLASSROOMS, BUT SHALL NOT PROHIBIT TEACHERS AND
TEACHING ASSISTANTS FROM ENGAGING IN CLASSROOM POLITICAL
ADVOCACY WITH REGARD TO HISTORICAL MATTERS AS DEFINED IN THIS
ACT.
C. THE CODE AND THE RULES ADOPTED PURSUANT TO THIS SECTION SHALL
PROVIDE THAT TEACHERS AND TEACHING ASSISTANTS MAY NOT DO ANY OF THE
FOLLOWING DURING CLASS TIME OR WHILE OTHERWISE ACTING AS A TEACHER
OR TEACHING ASSISTANT IN A PUBLIC EDUCATIONAL INSTITUTION, OTHER THAN
WITH REGARD TO HISTORICAL MATTERS AS DEFINED IN THIS ACT:
1. ENDORSE, SUPPORT OR OPPOSE ANY CANDIDATE OR NOMINEE FOR
PUBLIC OFFICE OR ANY ELECTED OR APPOINTED OFFICIAL REGARDLESS OF
WHETHER THAT PUBLIC OFFICE IS UNDER THE JURISDICTION OF A LOCAL
GOVERNMENT, THE STATE GOVERNMENT OR THE FEDERAL GOVERNMENT.
2. ENDORSE, SUPPORT OR OPPOSE ANY PENDING, PROPOSED OR ENACTED
LEGISLATION, RULE OR REGULATION REGARDLESS OF WHETHER THAT
LEGISLATION, RULE OR REGULATION IS PENDING OR PROPOSED OR HAS BEEN
ENACTED AT THE LOCAL, STATE OR FEDERAL LEVEL.
3. ENDORSE, SUPPORT OR OPPOSE ANY PENDING, PROPOSED OR DECIDED
COURT CASE OR JUDICIAL ACTION REGARDLESS OF WHETHER THAT COURT CASE
OR JUDICIAL ACTION IS AT THE LOCAL, STATE OR FEDERAL LEVEL.
4. ENDORSE, SUPPORT OR OPPOSE ANY PENDING, PROPOSED OR EXECUTED
EXECUTIVE ACTION BY AN EXECUTIVE BRANCH AGENCY AT THE LOCAL, STATE
OR FEDERAL LEVEL.
5. INTRODUCE IN THE TEACHER'S CLASSROOM ANY PARTISAN POLITICAL
ISSUE THAT IS NOT GERMANE TO THE TOPIC OF THE COURSE OR ACADEMIC
SUBJECT BEING TAUGHT.
6. ENDORSE, SUPPORT OR ENGAGE IN ANY ACTIVITY THAT HAMPERS OR
IMPEDES THE LAWFUL ACCESS OF MILITARY OR LAW ENFORCEMENT
RECRUITERS TO THE CAMPUS.
7. ENDORSE, SUPPORT OR ENGAGE IN ANY ACTIVITY THAT HAMPERS OR
IMPEDES THE ACTIONS OF LOCAL, STATE OR FEDERAL LAW ENFORCEMENT.
8. ADVOCATE FOR ANY SIDE OF A PARTISAN POLITICAL ISSUE. TO ENSURE
THAT STUDENTS HAVE THE RESOURCES TO MAKE INDEPENDENT DECISIONS ON
THESE ISSUES, A TEACHER MUST PROVIDE STUDENTS WITH MATERIALS
SUPPORTING BOTH SIDES OF A GERMANE PARTISAN POLITICAL ISSUE AND
PRESENT THOSE VIEWS IN A FAIR-MINDED AND NONPARTISAN MANNER.
9. SEGREGATE STUDENTS ACCORDING TO RACE OR SINGLE OUT ONE
RACIAL GROUP OF STUDENTS IN A CLASSROOM AS BEING RESPONSIBLE FOR THE
SUFFERING OR INEQUITIES EXPERIENCED BY ANOTHER RACIAL GROUP OF
STUDENTS IN A CLASSROOM.
D. THE RULES ADOPTED PURSUANT TO THIS SECTION:
1. MUST BE ADOPTED BY AN AFFIRMATIVE VOTE OF THE BOARD OF
EDUCATION.
2. APPLY TO ALL CERTIFICATED TEACHERS AND TEACHING ASSISTANT
PERSONNEL AT KINDERGARTEN THROUGH GRADE 12 PUBLIC EDUCATIONAL
INSTITUTIONS, AND ALL NON-CERTIFIED INSTRUCTIONAL ASSISTANTS AT
KINDERGARTEN THROUGH GRADE 12 PUBLIC EDUCATIONAL INSTITUTIONS.
3. SHALL PROVIDE PENALTIES FOR VIOLATIONS OF THE RULES THAT
INCLUDE PROGRESSIVE DISCIPLINARY ACTION:
I. FIRST OFFENSE SHALL BE A WARNING DOCUMENTED IN THE
EMPLOYMENT FILE OF THE EMPLOYEE FOR 1-YEAR;
II. SECOND OFFENSE SHALL BE SUSPENSION OF TEACHING
CERTIFICATE FOR NOT MORE THAN 30 DAYS, DOCUMENTED IN
THE EMPLOYMENT FILE OF THE EMPLOYEE FOR 1-YEAR;
4. SHALL REQUIRE EACH CERTIFICATED TEACHER AND TEACHING
ASSISTANT PERSONNEL TO ANNUALLY OBTAIN AT LEAST THREE HOURS OF
CONTINUING EDUCATION INSTRUCTION REGARDING TEACHER
RESPONSIBILITIES UNDER THESE RULES AND SHALL HAVE NOTED IN EACH
EMPLOYEES EMPLOYMENT RECORD THE DATE THAT THE REQUIREMENT WAS
COMPLETED.
5. MAY PROVIDE FORMAL GUIDANCE WITH REGARD TO ANY MATTER
RELATED TO THE IMPLEMENTATION OR INTERPRETATION OF THIS ACT. A
TEACHER OR TEACHING ASSISTANTS WHO IS RELYING ON SUCH GUIDANCE
SHALL NOT BE DEEMED TO HAVE VIOLATED THE CODE OF ETHICS.
6. ARE NOT REQUIRED TO GO THROUGH THE FORMAL RULE MAKING
PROCESS PURSUANT TO TITLE 41, ARIZONA REVISED STATUTES.
E. THE STATE BOARD OF EDUCATION SHALL PROVIDE WRITTEN NOTIFICATION TO
ALL TEACHERS, TEACHING ASSISTANTS, PARENTS AND STUDENTS OF EACH
GROUP'S RIGHTS AND RESPONSIBILITIES UNDER THE RULES ADOPTED
PURSUANT TO THIS SECTION.
F. THE ATTORNEY GENERAL, THE COUNTY ATTORNEY OF THE COUNTY IN WHICH
AN ALLEGED VIOLATION OF THIS SECTION OCCURRED OR ANY RESIDENT OF THE
JURISDICTION THAT IS ALLEGED TO HAVE COMMITTED A VIOLATION OF THIS
SECTION MAY INITIATE A SUIT IN THE SUPERIOR COURT IN THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED FOR THE PURPOSE OF ENFORCING
THIS SECTION.
G. THE FOLLOWING DEFINITIONS APPLY TO THIS ACT;
1. "PARTISAN POLITICAL ISSUE" MEANS;
a. A MATTER THAT IS CONTESTED AS A MATTER AND IS NOT GENERALLY
ESTABLISHED AS FACT. A MATTER NEED NOT BE ACCEPTED AS FACT BY ALL
PERSONS TO BE DEEMED GENERALLY ESTABLISHED AS FACT.
b. OPINIONS OF TEACHERS AND TEACHING ASSISTANTS, RELATED TO
POLITICAL PARTIES, POLITICAL AGENDAS, CANDIDATES FOR POLITICAL OFFICE
AND ELECTED OFFICIALS.
2. “HISTORICAL MATTERS” MEANS ANY INFORMATION OR OPINIONS, INCLUDING
ADVOCACY OFFERED BY A TEACHER OR TEACHING ASSISTANTS WITH REGARD
TO:
a. ANY ELECTED OR APPOINTED OFFICIAL WHOSE SERVICE ENDED FIFTY
OR MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ACT, OR ANY
CANDIDATE WHOSE CANDIDACY ENDED FIFTY OR MORE YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS ACT.
b. ANY LEGISLATION, RULE OR REGULATION THAT WAS ENACTED FIFTY
OR MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
c. ANY COURT CASE OR JUDICIAL ACTION THAT WAS DECIDED OR TAKEN
FIFTY OR MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
d. POLITICAL PARTIES THAT HAVE BEEN DEFUNCT FOR FIFTY OR MORE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
H. A TEACHER OR TEACHING ASSISTANT SHALL NOT BE SUBJECT TO THIS ACT IF
ASSISTING OR ADVISING ANY STUDENT CLUB OR GROUP WHOSE MEMBERSHIP IS
VOLUNTARY.
I. THIS ACT IS EFFECTIVE FEBRUARY 1, 2021.