SB 1503 — school employees; pupils; electronic communications

SB1503 - 542R - S-Education-ProposedS Ver   Fifty-fourth  Legislature                                                 EducationSenate Engrossed         State of Arizona Senate Fifty-fourth Legislature Second Regular Session                                                 Session S.B.      SENATE BILL 1503       AN ACT   amending Title 15, chapter 5, article 1, Arizona Revised Statutes, by adding section 15-505;

 relating PROPOSEDto SENATEschool AMENDMENTSemployees. TO S.B.

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JO/MB/kjaSTART_STATUTE15-505.  Electronic  communications;  

technology;

school employees and pupils;

exemption;

policies and procedures;

definitions A.  A school employee, a substitute teacher or a volunteer serving in the capacity of a school employee shall use only school technology platforms to directly engage in electronic communications with a pupil who is currently enrolled in the school district or school and shall engage in electronic communications with such a pupil only for purposes regarding academic or extracurricular activities, or both.

B.  The following persons are exempt from subsection A of this section:

1.  A volunteer with a parent‑teacher organization or a school council established pursuant to section 15-351.

2.  An immediate family member of a pupil pursuant to the policies and procedures adopted under subsection C, paragraph 3 of this section.

3.  A person who has a social relationship with a pupil pursuant to the policies and procedures adopted under subsection C, paragraph 4 of this section.

4.  A chaperone who volunteers on a field trip or other extracurricular activity pursuant to the policies and procedures adopted under subsection C, paragraph 5 of this section.

C.  Each school district governing board and charter school governing body and the Arizona state schools for the deaf and the blind shall prescribe and enforce policies and procedures for school employees on using electronic communications through school technology platforms between school employees and pupils who are currently enrolled in the school district or school.  These policies and procedures shall be distributed to all governing board members, all governing body members or all members of the board of directors of the Arizona state schools for the deaf and the blind and all employees of the school district or school at the beginning of each school year and to all newly hired school employees as part of the hiring process.  The policies and procedures must include all of the following:

1.  A list of the approved school technology platforms that school employees and pupils may use to communicate.

2.  Provisions that clearly prohibit school employees from using personal technologies, mobile technologies or social media websites to interact online or communicate directly with a pupil unless the interaction or communication is through school technology platforms.

3.  Exceptions to the personal use policy prescribed under this section for immediate family relationships.

4.  Exceptions to the personal use policy prescribed under this section for social relationships with written consent of the pupil's parent or legal guardian.

5.  Exceptions to the personal use policy prescribed under this section for chaperones who volunteer on a field trip or other extracurricular activity with written consent of the pupil's parent or legal guardian.

6.  Provisions designed to prevent improper electronic communications between school employees and pupils.

7.  Factors for school employees to consider when assessing whether an electronic communication from a pupil is improper, including:

(a)  The nature, purpose, timing and frequency of the communication.

(b)  The subject matter of the communication.

(c)  Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship.

(d)  Whether the communication is sexually explicit.

(e)  Whether the communication involves discussion of the pupil's physical attractiveness or sexual history, activities, preferences or fantasies.

8.  Specific guidance on the proper method for notifying the school principal and other administrators about an incident in which a pupil indicates in an electronic communication that the pupil is a threat to the pupil or to others.

9.  Specific guidance on the proper method for notifying the school principal and other administrators about an incident in which a pupil engages in improper electronic communications with the school employee.

10.  An administrative process for a pupil, parent or legal guardian to file a complaint if a school employee has violated the policies and procedures.

11.  Disciplinary actions for violations of the policies and procedures.

D.  Each school district and school shall include the policies and procedures developed pursuant to this section in the school district's or school's student handbook, if applicable, and provide a written or electronic copy to each parent or legal guardian annually at the time the parent or legal guardian registers the pupil at the school district or school.

E.  The state board of education shall develop and post on the state board of education's website a parental resource guide that includes American sign language and that provides parents and legal guardians with the information regarding how and the electronic means in which to file a complaint with a PUPIL'S school district or school if the parent or guardian believes a school employee has violated the policies and procedures prescribed pursuant to this section.

F.  For the purposes of this section:

1.  "Electronic communication":

(a)  Means any communication facilitated by using any electronic device, including a telephone, cellular phone, computer, computer network, personal digital assistant or pager.

(b)  Includes emails, text messages, instant messages and any communications made through a website, including a social media website or a social networking website.

2.  "Personal technologies" means any technologies that are not owned or controlled by a school district or school.

3.  "School" means a school operated by a school district, a charter school or the Arizona state schools for the deaf and the blind.