HB2575 • 2026

antisemitism; public schools; prohibition; penalties

HB2575 - antisemitism; public schools; prohibition; penalties

Education Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Michael Way, Michael Carbone, Neal Carter, Pamela Carter, Lisa Fink, Matt Gress, Ralph Heap, Chris Lopez, David Marshall, Sr., Steve Montenegro, Julie Willoughby, Justin Wilmeth
Last action: 2026-04-09
Official status: Senate committee of the whole
Effective date: Not listed

Plain English Breakdown

The candidate explanation included students and their parents as affected parties, but the official source material did not specify them explicitly in that context.

Prohibiting Antisemitism in Public Schools

This bill prohibits public schools and higher education institutions from teaching, promoting, or supporting antisemitic conduct and outlines penalties for violations.

What This Bill Does

Forbids public schools and their staff from teaching or training students about antisemitism that constitutes harassment or discrimination and creates a hostile educational environment.
Prohibits the use of any funds to support teaching or promoting antisemitic conduct in educational settings.
Prevents adverse employment actions against school employees who refuse to teach or promote antisemitic conduct.
Requires public schools and higher education institutions to report violations and take corrective action within 30 days.
Allows students, parents, teachers, and the public to file complaints about antisemitism in educational settings.

Who It Names or Affects

Public school staff and administrators
Higher education institution personnel

Terms To Know

Adverse employment action: Any negative consequence for a job, such as being fired or demoted.
Hostile educational environment: A school setting where antisemitic behavior makes it hard to learn and feel safe.

Limits and Unknowns

The bill does not specify how schools will be funded if they lose money due to penalties.
It is unclear what specific actions the State Board of Education can take against teachers or principals who violate this law.
The bill does not address private educational institutions.

Bill History

2026-04-09 Senate
Senate committee of the whole
2026-03-31 Senate
Senate minority caucus
2026-03-31 Senate
Senate majority caucus
2026-03-30 Senate
Senate consent calendar
2026-03-10 Senate
Senate second read
2026-03-09 Senate
Senate Rules: PFC
2026-03-09 Senate
Senate Education: DP
2026-03-09 Senate
Senate first read
2026-02-26 Senate
Transmitted to Senate
2026-02-25 House
House third read passed
2026-02-23 House
House committee of the whole
2026-02-17 House
House minority caucus
2026-02-17 House
House majority caucus
2026-02-16 House
House consent calendar
2026-01-21 House
House second read
2026-01-20 House
House Rules: C&P
2026-01-20 House
House Education: DP
2026-01-20 House
House first read

Official Summary Text

HB2575 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2575

antisemitism;
public schools; prohibition; penalties

Purpose

Prescribes
prohibitions on public schools, public school personnel, higher education
institutions and higher education institution personnel relating to the
teaching or promotion of antisemitism or anti-Semitic conduct, acts and
processes (antisemitism or anti-Semitic conduct). Outlines reporting
procedures, disciplinary requirements and legal remedies for violations of the
prohibitions on antisemitism and anti-Semitic conduct and compliance
requirements for higher education institutions. Designates this legislation as
the
Antisemitism in Education Act
.

Background

The
International Holocaust Remembrance Alliance (IHRA) is an intergovernmental
organization consisting of 35 member countries, including the United States,
founded to strengthen, advance and promote Holocaust education, remembrance and
research (
IHRA
). On
May 26, 2016, the IHRA adopted a non-legally binding working definition of
antisemitism.
Antisemitism
, as defined by the IHRA, means a certain
perception of Jews, which may be expressed as hatred toward Jews, including
rhetorical and physical manifestations that are directed toward Jewish or
non-Jewish individuals and the individuals' property, Jewish community
institutions and religious facilities. The IHRA outlines contemporary examples
of antisemitism in public life, the media, schools, the workplace and in
religious spheres (
IHRA
;

U.S. Department of State
).

A public
educational institution may not discriminate against students or parents based
on a religious viewpoint or religious expression. A public university or
Arizona community college may not discriminate against a student on the basis
of the student's religious viewpoint, expression or belief (A.R.S. ��
15-110

and
15-1862
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

Prohibitions on
Antisemitism and Anti-Semitic Conduct

1.

Prohibits
a public school, teacher, principal, school administrator or volunteer or
contractor for a public school and a faculty member, administrator, employee,
contractor or volunteer of a higher education institution from:

a)

teaching, instructing or training students in any antisemitism or
anti-Semitic conduct that constitutes harassment or discrimination and that
creates a hostile education or work environment;

b)

promoting or providing professional development in any antisemitism or
anti-Semitic conduct that constitutes harassment or discrimination and that
creates a hostile education or work environment;

c)

calling for genocide of any group or persons or for the murder of
members of a particular group; and

d)

requiring
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 or complete a degree or certificate program.

2.

Prohibits
public schools, public school teachers, higher education institutions and
faculty, employees and contractors of a higher education institution from:

a)

applying for, soliciting, receiving or using monies or in-kind good or
services from any source to:

i.

teach, instruct or train students in antisemitism or anti-Semitic
conduct;

ii.

develop,
purchase or acquire a curriculum or course materials that promote antisemitism
or anti-Semitic conduct;

iii.

provide teacher
training or professional development for a course that promotes antisemitism or
anti-Semitic conduct; or

iv.

hire or retain a
contractor for any prohibited purpose relating to the teaching or promotion of
antisemitism or anti-Semitic conduct;

b)

using any public monies to support the costs of teaching antisemitism or
anti-Semitic conduct;

c)

providing grants or other monies to other public schools, public school
teachers, higher education institutions or faculty, employees or contractors of
higher education institutions to support the costs of teaching antisemitism or
anti-Semitic conduct; and

d)

accepting
or using monies that are intended or required to be used to support the costs
of teaching or promoting antisemitism or anti-Semitic conduct to students who
are enrolled in a public school or higher education institution.

3.

Prohibits
a public school or higher education institution from:

a)

taking any adverse employment action against a school teacher, school
administrator or other school employee or a higher education institution
faculty member, administrator, employee or contractor for refusal to teach or
promote antisemitism or anti-Semitic conduct or to support, believe, endorse,
embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct;
and

b)

requiring
a school teacher, school administrator or other school employee or a higher
education institution faculty member, administrator, employee or contractor to
complete a curriculum that includes any antisemitism or anti-Semitic conduct as
a condition of employment or continued employment.

4.

Specifies that
adverse employment action
includes penalties and
discrimination.

5.

Specifies
the prohibitions on teaching or promoting antisemitism or anti-Semitic conduct
do not:

a)

prohibit any individual from discussing or using instructional materials
as part of a course of instruction about the history of Jews, Judaism or
Israel; or

b)

diminish
or infringe on any right protected under the Arizona Constitution or First
Amendment to the U.S. Constitution.

Public School
Reporting Procedures and Disciplinary Requirements

6.

Allows a student, a student's parent, a teacher or a member of the
public to report an alleged violation of the prohibited conduct to the highest
ranking official (official) of the public school or the official's designee.

7.

Specifies that a report relating to a public school may identify
multiple alleged violations of the prohibited conduct.

8.

Requires
a public school official or the official's designee to determine in writing:

a)

whether a violation occurred; and

b)

if
the subject of the report is a teacher or principal, whether the teacher or
principal knowingly violated the prohibited conduct.

9.

Requires,
if a public school official or the official's designee determines that a
violation occurred, the official or the official's designee to:

a)

act to correct the violation within 30 days after receiving the report;
and

b)

notify
the State Board of Education (SBE) for the SBE to take the prescribed
appropriate action against the teacher or principal as prescribed.

10.

Allows
a student, a student's parent, a teacher or a public school employee to appeal
a determination or action made by a public school official or the official's
designee by filing a complaint with the school district governing board
(governing board) or charter school governing body (governing body).

11.

Requires a governing board
or governing body to:

a)

hold a hearing to determine whether a violation occurred; and

b)

�if
the governing board or governing body determines that a violation occurred, act
to resolve the violation within 30 days after receiving the appeal.

12.

Requires, if a governing
board or governing body determines that a teacher or principal knowingly or
recklessly violated the prohibited conduct:

a)

the governing board or governing body to notify the SBE; and

b)

the
SBE to
take
the appropriate
prescribed disciplinary action against the teacher or principal
.

13.

Specifies
that any determination made by a governing board or governing body must include
an explanation of the determination.

14.

Allows,
after the public school and governing board or governing body have had the
opportunity to resolve the complaint as prescribed, a student, a student's
parent, a teacher or a public school employee to file a complaint with the SBE
for an alleged violation of the prohibited conduct.

15.

Requires the SBE to:

a)

notify the public school that it is in violation of the prohibited
conduct, if the SBE determines that the violations occurred; and

b)

take
the prescribed appropriate disciplinary action against a teacher or principal,
if the SBE determines that the teacher or principal knowingly or recklessly
violated the prohibited conduct.

16.

Requires, if the SBE finds
or is notified that a teacher or principal has been found to have knowingly or
recklessly violated the prohibited conduct, the SBE to take the following
appropriate actions against the teacher or principal:

a)

for a first violation, issue a formal reprimand;

b)

for a second violation, suspend the teacher's or principal's certificate
for a period of time determined by the SBE based on the circumstances and
severity of the violation; and

c)

for
a third violation, revoke the teacher's or principal's certificate.

Higher
Education Institution Reporting Procedures and Disciplinary Requirements

17.

Authorizes
a student, a student's parent, a higher education institution faculty member or
member of the public to report an alleged violation of the prohibited conduct
to the higher education institution official or the official's designee.

18.

Specifies
that a report relating to a higher education institution may identify multiple
alleged violations of the prohibited conduct.

19.

Requires a higher education
institution official or the official's designee to:

a)

initiate an internal investigation of any report of alleged violations
within 15 days of receiving the report;

b)

determine in writing whether a violation occurred; and

c)

if
the subject of the report is one or more individuals, whether each individual
knowingly or recklessly violated the prohibited conduct.

20.

Requires,
if a higher education institution official or the official's designee
determines that a violation occurred, the official or the official's designee
to act to correct the violation within 30 days of receiving the report and take
the prescribed appropriate disciplinary action against an individual who
violated the prohibited conduct.

21.

Allows,
after a higher education institution that is the subject of a complaint has had
the opportunity to resolve the complaint as prescribed, a student, a student's
parent, a higher education institution faculty member or member of the public
to file the complaint with the Arizona Board of Regents (ABOR) or community
college district (CCD) governing board, whichever applies.

22.

Requires,
if ABOR or the CCD governing board determine that a violation occurred, ABOR or
the CCD governing board to notify the higher education institution that it is
in violation of the prohibited conduct.

23.

Requires, if ABOR or the CCD
governing board determine that a higher education institution faculty member,
administrator, employee or contractor knowingly or recklessly violated the
prohibited conduct:

a)

ABOR or the CCD governing board to notify the higher education
institution official or the official's designee; and

b)

the
higher education institution official or the official's designee to take the
appropriate prescribed disciplinary action against the individual.

24.

Directs a higher education
institution official or the official's designee who is notified that a faculty
member, administrator, employee or contractor has been found responsible for a
violation of the prohibited conduct or who determines that the faculty member,
administrator, employee or contractor knowingly or recklessly violated the
prohibited conduct following an investigation to take the following appropriate
actions against the individual:

a)

for a first violation, issue a formal reprimand;

b)

for a second violation, suspend the individual without pay for a period
of time that is determined by the official based on the severity and
circumstances of the violation; and

c)

for
a third violation, terminate the individual's employment.

Legal Remedies

25.

Stipulates that a student
who is at least 18 years old or the parent of a minor student may bring an
action in court of competent jurisdiction to enjoin any violation of the
prohibited conduct that creates a hostile education only after:

a)

the SBE makes a determination on the complaint as outlined, for
violations relating to a public school; or

b)

ABOR
or the CCD governing board makes a determination on a complaint as outlined,
for violations relating to a higher education institution.

26.

Specifies
that a violation of the prohibited conduct alleged in an action relating to a
public school must be alleged in the complaint filed to the SBE.

27.

Requires a court to hold a
trial de novo for an action brought as prescribed and decide all questions of
fact without deference to any previous determination made by:

a)

the public school, the governing board or governing body and the SBE,
for violations relating to a public school; and

b)

the
higher education institution, ABOR or the CCD governing board, for violations
relating to a higher education institution.

28.

Determines that, to prevail
in an action brought, a student or student's parent must prove by a
preponderance of evidence that each alleged violation occurred, created a
hostile education environment for the student and was:

a)

committed by one or more named defendants;

b)

characterized by antisemitism; and

c)

not
speech protected by the Arizona Constitution or the First Amendment to the U.S.
Constitution.

29.

Determines
that an individual, a public school or a higher education institution that is a
named defendant in a civil action that is brought as prescribed is not immune
from civil liability and that each individual is personally liable for any
damages arising from the individual's conduct.

30.

Allows
a court to award actual damages, consequential damages, punitive damages, court
costs and reasonable attorney fees for an action that is brought as prescribed.

31.

Prohibits a public school or
a higher education institution from using taxpayer monies to:

a)

satisfy a judgement that is entered against the public school or higher
education institution for violation of the prohibited conduct; or

b)

reimburse
an individual defendant who is found liable for a violation of the prohibited
conduct.

Higher
Education Institution Compliance Requirements

32.

Requires a higher education
institution to:

a)

revise the higher education institution's policies and procedures,
including any policy relating to tenure, to implement and enforce the
prohibitions;

b)

notify all employees and contractors of the revised policies;

c)

in any employment or tenure decision, consider any confirmed report that
a faculty member, administrator, employee or contractor violated the
prohibition as a negative factor;

d)

review the higher education institution's grant and scholarship programs
to determine whether any program requires recipients to certify that the
recipient will not use any of the grant or scholarship monies to promote
antisemitism or anti-Semitic conduct;

e)

review the higher education institution's employee training programs to
ensure that each program complies with prescribed prohibitions;

f)

ensure that each higher education institution employee and contractor
complies with the prescribed prohibitions, including any contractor hired by
the higher education institution to provide training or a workshop, forum or
other program for the higher education institution's employees;

g)

take actions to encourage the higher education institution's faculty,
administrators, employees and contractors to not discriminate against the
individual's Jewish and non-Jewish colleagues on the basis of the colleague's
religion, ethnicity, support for Israel or the Jewish people or characteristics
that are protected by state and federal law;

h)

protect each guest lecturer and student organizations that invite a
guest lecturer against any demonstrator who engages in antisemitism or
anti-Semitic conduct; and

i)

refuse to recognize or revoke the recognition of and support for any
student organization that:

i.

invites a guest speaker who incites any antisemitism or anti-Semitic
conduct on the higher education institution's campus;

ii.

organizes,
promotes, incites or invites the student organization's members to engage in
any antisemitism or anti-Semitic conduct; or

iii.

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;

Miscellaneous

33.

Requires
the SBE to adopt rules to implement and enforce requirements relating to the
prohibited conduct for public schools.

34.

Requires,
within 30 days of the effective date, the Arizona Department of Education (ADE)
to transmit a copy of the Act to each public school and ABOR to transmit a copy
of the Act to each public university.

35.

Defines
antisemitism

as antisemitism defined by the IHRA on May 26, 2016, and as adopted by the U.S.
Department of State, including the contemporary examples of antisemitism
identified in the adopted definition, if the antisemitism is:

a)

an act or acts; or

b)

speech
that is not protected by the Arizona Constitution or First Amendment to the
U.S. Constitution.

36.

Defines

hostile education environment
to mean 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 or school faculty
member, administrator, employee, official or contractor.

37.

Defines

higher education institution
as a public university or an Arizona CCD.

38.

Designates
this legislation as the
Antisemitism in Education Act
.

39.

Makes
conforming changes.

40.

Becomes
effective on the general effective date.

House Action

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Prepared by Senate Research

March 16, 2026

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Current Bill Text

Read the full stored bill text

HB2575 - 572R - H Ver

House Engrossed

antisemitism; public
schools; prohibition; penalties

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2575

AN
ACT

amending title 15, chapter 1, article 1,
Arizona Revised Statutes, by adding section 15-120.08; 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 15-120.08, to read:

START_STATUTE
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.

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_STATUTE
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.

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 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".