15-717.02. Prohibited instruction; disciplinary action; legal action; civil penalty

439 words·~2 min read·/az/title-15/15-717-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(L21, Ch. 404, sec. 21)

A. A teacher, administrator or other employee of a school district, charter school or state agency who is involved with students and teachers in grades preschool through the twelfth grade may not use public monies for instruction that presents any form of blame or judgment on the basis of race, ethnicity or sex.

B. A teacher, administrator or other employee of a school district, charter school or state agency who is involved with students and teachers in grades preschool through the twelfth grade may not allow instruction in or make part of a course the following concepts:

1. One race, ethnic group or sex is inherently morally or intellectually superior to another race, ethnic group or sex.

2. An individual, by virtue of the individual's race, ethnicity or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously.

3. An individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual's race, ethnicity or sex.

4. An individual's moral character is determined by the individual's race, ethnicity or sex.

5. An individual, by virtue of the individual's race, ethnicity or sex, bears responsibility for actions committed by other members of the same race, ethnic group or sex.

6. An individual should feel discomfort, guilt, anguish or any other form of psychological distress because of the individual's race, ethnicity or sex.

7. Academic achievement, meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group or sex to oppress members of another race, ethnic group or sex.

C. An attorney acting on behalf of a public school may request a legal opinion of the attorney general or county attorney as to whether a proposed use of school district resources would violate this section.

D. A teacher who violates this section shall be subject to disciplinary action, including the suspension or revocation of the teacher's certificate, as the state board deems appropriate.

E. The attorney general or the county attorney for the county in which an alleged violation of this section occurs may initiate a suit in the superior court in the county in which the school district, charter school or state agency is located for the purpose of complying with this section.

F. For each violation of this section, including subsequent or continued violations, the court may impose a civil penalty not to exceed $5,000 per school district, charter school or state agency where the violation occurs.

G. This section does not preclude any training on sexual harassment or lessons on recognizing and reporting abuse.