school personnel; reporting; drug offenses

SB1589 - 572R - I Ver

REFERENCE TITLE:
school personnel; reporting; drug offenses

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1589

Introduced by

Senator
Alston: Representative Connolly

AN
ACT

amending sections 13-3411 and 15-746,
Arizona Revised Statutes; relating to drugs on school grounds.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-3411, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3411.

Possession, use, sale or transfer of marijuana, peyote, prescription
drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a
drug free school zone; classification; definitions

A. It is unlawful for a person to do any of the
following:

1. Intentionally be present in a drug free school
zone to sell or transfer marijuana, peyote, prescription-only drugs,
dangerous drugs or narcotic drugs.

2. Possess or use marijuana, peyote, dangerous drugs
or narcotic drugs in a drug free school zone.

3. Manufacture dangerous drugs in a drug free school
zone.

B. A person who violates subsection A of this
section is guilty of the same class of felony that the person would otherwise
be guilty of had the violation not occurred within a drug free school zone,
except that the presumptive, minimum and maximum sentence shall be increased by
one year.� The additional sentence imposed under this subsection is in addition
to any enhanced punishment that may be applicable under section 13-703,
section 13-704, section 13-708, subsection D or any provision in
this chapter. �A person is not eligible for suspension of sentence, probation,
pardon or release from confinement on any basis except pursuant to section 31-233,
subsection A or B until the sentence imposed by the court has been served or
commuted.

C. In addition to any other penalty prescribed by
this title, the court shall order a person who is convicted of a violation of
this section to pay a fine of
not less than two thousand dollars

at least $2,000
or three times the value as determined by
the court of the drugs involved in or giving rise to the charge, whichever is
greater, and not more than the maximum authorized by chapter 8 of this
title. A judge shall not suspend any part or all of the imposition
of any fine required by this subsection.

D. Each school district's governing board or its
designee, or the chief administrative officer in the case of a nonpublic
school, shall place and maintain permanently affixed signs located in a visible
manner at the main entrance of each school that identifies the school and its
accompanying grounds as a drug free school zone.

E. The drug free school zone map prepared pursuant
to title 15 shall constitute an official record as to the location and
boundaries of each drug free school zone. The school district's
governing board or its designee, or the chief administrative officer in the
case of any nonpublic school, shall promptly notify the county attorney of any
changes in the location and boundaries of any school property and shall file
with the county recorder the original map prepared pursuant to title 15.

F. All school personnel who observe a
violation of this section shall immediately report the violation to a school
administrator. The administrator shall immediately report the
violation to a peace officer. It is unlawful for any school
personnel or school administrator to fail to report a violation as prescribed
in this section.

G.

F.
School
personnel having custody or control of school records of a student involved in
an alleged violation of this section shall make the records available to a
peace officer
upon

on
written
request signed by a magistrate. Records disclosed pursuant to this
subsection are confidential and may be used only in a judicial or
administrative proceeding.� A person furnishing records required under this
subsection or a person participating in a judicial or administrative proceeding
or investigation resulting from the furnishing of records required under this
subsection is immune from civil or criminal liability by reason of such action
unless the person acted with malice.

H. A person who violates subsection F
of this section is guilty of a class 3 misdemeanor.

I.

G.
For
the purposes of this section:

1. "Drug free school zone" means the area
within three hundred feet of a school or its accompanying grounds, any public
property within one thousand feet of a school or its accompanying grounds, a
school bus stop or on any school bus or bus contracted to transport pupils to
any school.

2. "School" means any public or nonpublic
kindergarten program, common school or high school.
END_STATUTE

Sec. 2. Section 15-746, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-746.

School report cards; distribution; annual report

A. Each school shall distribute an annual report
card that contains at least the following information:

1. A description of the school's regular, magnet and
special instructional programs.

2. A description of the school's current academic
goals.

3. A summary of each of the following:

(a) The results achieved by pupils
who
were
enrolled at the school during the prior three school years as
measured by the statewide assessment and the nationally standardized norm-referenced
achievement test as designated by the state board and as reported in the annual
report prescribed by section 15-743.

(b) Pupil progress on an ongoing and annual basis,
showing the trends in gain or loss in pupil achievement over time in reading,
language arts and mathematics for all years in which pupils are enrolled in the
school district for an entire school year and for which this information is
available.

(c) Pupil progress for pupils who are not enrolled
in a district for an entire school year.

4. The attendance rate of pupils
who are

enrolled at the school as reflected in the school's average daily
membership as defined in section 15-901.

5. The total number of incidents that occurred on
the school grounds, at school bus stops, at stops for
motor
vehicles
described in section 15-925, on school buses, on
motor
vehicles
described in section 15-925 and at school-sponsored events and that
required the contact of a local, county, tribal, state or federal law
enforcement officer pursuant to
section 13-3411, subsection
F,
section 13-3620, section 15-341, subsection A, paragraph
30 or section 15-515. The total number of incidents reported
shall only include reports that law enforcement officers report to the school
and that are supported by probable cause.� For the purposes of this paragraph,
a certified peace officer who serves as a school resource officer is a law
enforcement officer. A school may provide clarifying information if
the school has a school resource officer on campus.

6. The percentage of pupils who have either
graduated to the next grade level or graduated from high school.

7. A description of the social services available at
the school site.

8. The school calendar, including the length of the
school day and hours of operations.

9. The total number of pupils
who
were
enrolled at the school during the previous school year.

10. The transportation services available.

11. A description of the responsibilities of parents
of children enrolled at the school.

12. A description of the responsibilities of the
school to the parents of the children
who are
enrolled at
the school, including dates the report cards are delivered to the home.

13. A description of the composition and duties of
the school council as prescribed in section 15-351 if such a school
council exists.

14. For the most recent year available, the average
current expenditure per pupil for administrative functions compared to the
predicted average current expenditure per pupil for administrative functions
according to an analysis of administrative cost data by the joint legislative
budget committee staff.

15. If the school provides instruction to pupils in
kindergarten programs and grades one through three, the ratio of pupils to
teachers in each classroom where instruction is provided in kindergarten
programs and grades one through three.

16. The average class size per grade level for all
grade levels, kindergarten programs and grades one through
eight. For the purposes of this paragraph, "average class
size" means the weighted average of each class.

B. The department of education shall develop a
standardized report card format that meets the requirements of subsection A of
this section.� The department shall modify the standardized report card as
necessary on an annual basis. The department shall distribute to
each school in this state a copy of the standardized report card that includes
the required test scores for each school. Additional copies of the
standardized report card shall be available on request.

C. After each school has completed the report card
distributed to it by the department of education, the school, in addition to
distributing the report card as prescribed in subsection A of this section,
shall send a copy of the report card to the department.� The department shall
prepare an annual report that contains the report card from each school in this
state.

D. The school shall distribute report cards to
parents of pupils
who are
enrolled at the school, not
later than the last day of school of each fiscal year, and shall present a
summary of the contents of the report cards at an annual public meeting held at
the school. The school shall give notice at least two weeks before
the public meeting that clearly states the purposes, time and place of the
meeting.

E.
Beginning in fiscal year 2021-2022,

The school report card prescribed by this section shall include a link to
access the information required by section 15-747.
END_STATUTE