Arizona 57th Legislature - First Regular Session Status: To Executive Bipartisan · 2 R · 2 D cosponsors

HB 2867 — antisemitism; public schools; prohibition; penalties

Last action — Vetoed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on June 10, 2025.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

249 added · 314 removed

Plain-language change summary

The revised version of HB 2867 introduces a new focus on preventing antisemitism in public schools, making it clear that schools cannot require students to advocate for or against any specific viewpoint as a condition for graduating. Additionally, the chapter title has changed to reflect this new emphasis on creating a hostile-free educational environment. These changes are important because they aim to ensure that students are not pressured to promote antisemitic ideas, fostering a safer and more inclusive atmosphere in schools.

→
Previous
Latest
Senate Engrossed House Bill antisemitism;
House Engrossed antisemitism;
discipline;
enforcement;
discipline;
PUBLIC SCHOOLS AND TEACHERS MAY NOT:
THIS STATE, STATE AGENCIES, PUBLIC SCHOOLS AND TEACHERS MAY NOT:
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.
PROVIDE GRANTS OR OTHER MONIES TO OTHER STATE AGENCIES, PUBLIC SCHOOLS OR TEACHERS TO SUPPORT THE COSTS OF TEACHING ANTISEMITISM OR ANTI-SEMITIC CONDUCT, ACTS OR PROCESSES.
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.
TAKE ANY ADVERSE EMPLOYMENT ACTION AGAINST A TEACHER, SCHOOL ADMINISTRATOR OR OTHER SCHOOL EMPLOYEE BECAUSE THE TEACHER, SCHOOL ADMINISTRATOR OR 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.
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 BOTH ACT TO CORRECT THE VIOLATION WITHIN THIRTY DAYS AFTER RECEIVING THE REPORT AND NOTIFY THE STATE BOARD OF EDUCATION.
IF THE STATE BOARD OF EDUCATION IS NOTIFIED THAT A TEACHER OR PRINCIPAL HAS BEEN FOUND TO HAVE KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION PURSUANT TO THIS SUBSECTION OR SUBSECTION E OR G 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.
FOR A THIRD VIOLATION, REVOKE THE TEACHER'S OR PRINCIPAL'S CERTIFICATE.
AWARD ACADEMIC CREDIT TO A HIGH SCHOOL STUDENT FOR COMPLETING A COURSE THAT INCLUDES ANY ANTISEMITISM OR ANTI-SEMITIC CONDUCT, ACT OR PROCESS OR THAT PROMOTES ANY ANTISEMITISM OR ANTI-SEMITIC CONDUCT, ACT OR PROCESS.
E.
D.
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.
A STUDENT WHO IS AT LEAST EIGHTEEN YEARS OF AGE, OR THE PARENTS 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.
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 - 2 - H.B.
2867 THE APPROPRIATE ACTION AGAINST THE TEACHER OR PRINCIPAL PURSUANT TO SUBSECTION D 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 D OF THIS SECTION.
G.
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.
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.
THIS STATE, A STATE AGENCY OR A PUBLIC SCHOOL MAY NOT USE TAXPAYER MONIES TO SATISFY A JUDGMENT THAT IS ENTERED AGAINST THE STATE, STATE AGENCY OR 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 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.
E.
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:
A STUDENT, PARENT, TEACHER OR MEMBER OF THE PUBLIC MAY REPORT AN ALLEGED VIOLATION OF THIS SECTION TO THE DEPARTMENT OF EDUCATION.
IF THE SUPERINTENDENT OF PUBLIC INSTRUCTION DETERMINES THAT A TEACHER OR PRINCIPAL HAS KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE STATE BOARD OF EDUCATION.
THE STATE BOARD OF EDUCATION SHALL TAKE THE FOLLOWING ACTION AGAINST THE TEACHER OR PRINCIPAL WHO IS FOUND TO HAVE VIOLATED THIS SECTION:
WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.
FOR A FIRST OFFENSE, ISSUE A FORMAL REPRIMAND.
WAS CHARACTERIZED BY ANTISEMITISM.
FOR A SECOND OFFENSE, 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.
WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
FOR A THIRD OFFENSE, REVOKE THE TEACHER'S OR PRINCIPAL'S CERTIFICATE.
4.
- 2 - H.B.
CREATED A HOSTILE EDUCATION ENVIRONMENT FOR THE STUDENT.
2867 F.
Show all 114 changed rows (74 more)
Previous
Latest
- 3 - H.B.
2867 H.
I.
G.
THE STATE BOARD OF EDUCATION SHALL ADOPT RULES TO IMPLEMENT AND ENFORCE THIS SECTION.
THE STATE BOARD OF EDUCATION SHALL ADOPT RULES, SUBJECT TO APPROVAL BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, TO IMPLEMENT AND ENFORCE THIS SECTION.
J.
H.
"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:
"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.
(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.
"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.
"HOSTILE EDUCATION ENVIRONMENT" MEANS THAT 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.
discipline;
enforcement;
discipline;
student organizations;
- 4 - H.B.
3.
2867 3.
4.
- 3 - H.B.
2867 4.
HIGHER EDUCATION INSTITUTIONS AND FACULTY MEMBERS, EMPLOYEES AND CONTRACTORS OF HIGHER EDUCATION INSTITUTIONS MAY NOT:
THIS STATE, STATE AGENCIES, HIGHER EDUCATION INSTITUTIONS AND FACULTY MEMBERS, EMPLOYEES AND CONTRACTORS OF HIGHER EDUCATION INSTITUTIONS MAY NOT:
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.
PROVIDE GRANTS OR OTHER MONIES TO OTHER STATE AGENCIES, 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.
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.
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 THE HIGHER EDUCATION INSTITUTION.
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 - 5 - H.B.
2867 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.
NOTWITHSTANDING SECTION 15-1896, IF THE 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 F OF THIS SECTION OR IF, FOLLOWING AN INVESTIGATION CONDUCTED PURSUANT TO THIS SUBSECTION, 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.
FOR A THIRD VIOLATION, TERMINATE THE INDIVIDUAL'S EMPLOYMENT.
AWARD ACADEMIC CREDIT TO A STUDENT FOR COMPLETING A COURSE THAT INCLUDES ANY ANTISEMITISM OR ANTI-SEMITIC CONDUCT, ACT OR PROCESS OR THAT PROMOTES ANY ANTISEMITISM OR ANTI-SEMITIC CONDUCT, ACT OR PROCESS.
E.
- 4 - H.B.
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.
2867 D.
IF THE BOARD DETERMINES THAT A VIOLATION OCCURRED, THE BOARD SHALL NOTIFY THE HIGHER EDUCATION INSTITUTION THAT IT IS IN VIOLATION OF THIS SECTION.
A STUDENT WHO IS AT LEAST EIGHTEEN YEARS OF AGE, OR THE PARENTS 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.
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 D OF THIS SECTION.
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.
F.
THIS STATE, A STATE AGENCY OR A HIGHER EDUCATION INSTITUTION MAY NOT USE TAXPAYER MONIES TO SATISFY A JUDGMENT THAT IS ENTERED AGAINST THE STATE, STATE AGENCY OR 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 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 ONLY 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.
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 - 6 - H.B.
2867 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 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.
E.
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:
A STUDENT, PARENT, FACULTY MEMBER OR MEMBER OF THE PUBLIC MAY REPORT AN ALLEGED VIOLATION OF THIS SECTION TO THE HIGHEST RANKING OFFICIAL AT A HIGHER EDUCATION INSTITUTION.
THE OFFICIAL SHALL INITIATE AN INTERNAL INVESTIGATION OF ANY REPORT RECEIVED PURSUANT TO THIS SUBSECTION NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT.
NOTWITHSTANDING SECTION 15-1896, IF THE OFFICIAL IS NOTIFIED THAT A FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR CONTRACTOR HAS BEEN FOUND RESPONSIBLE FOR A VIOLATION OF THIS SECTION IN AN ACTION BROUGHT PURSUANT TO SUBSECTION D OF THIS SECTION OR IF, FOLLOWING AN INVESTIGATION CONDUCTED PURSUANT TO THIS SUBSECTION, THE OFFICIAL DETERMINES THAT A FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR CONTRACTOR HAS KNOWINGLY OR RECKLESSLY VIOLATED THIS SECTION, THE OFFICIAL SHALL TAKE THE FOLLOWING ACTION AGAINST THE FACULTY MEMBER, ADMINISTRATOR, EMPLOYEE OR CONTRACTOR WHO VIOLATED THIS SECTION:
WAS COMMITTED BY ONE OR MORE NAMED DEFENDANTS.
FOR A FIRST OFFENSE, ISSUE A FORMAL REPRIMAND.
WAS CHARACTERIZED BY ANTISEMITISM.
FOR A SECOND OFFENSE, SUSPEND THE INDIVIDUAL WITHOUT PAY FOR A PERIOD OF TIME DETERMINED BY THE OFFICIAL BASED ON THE SEVERITY AND CIRCUMSTANCES OF THE VIOLATION.
WAS NOT SPEECH PROTECTED BY THE CONSTITUTION OF ARIZONA OR THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
FOR A THIRD OFFENSE, TERMINATE THE INDIVIDUAL'S EMPLOYMENT.
4.
F.
CREATED A HOSTILE EDUCATION ENVIRONMENT FOR THE STUDENT.
G.
H.
G.
2.
- 5 - H.B.
2867 2.
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 - 7 - H.B.
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.
2867 TRAINING OR A WORKSHOP, FORUM OR OTHER PROGRAM TO THE HIGHER EDUCATION INSTITUTION'S EMPLOYEES.
I.
9.
ANNUALLY REVIEW AND ASSESS THE HIGHER EDUCATION INSTITUTION'S COMPLIANCE WITH THIS SECTION AND SUBMIT A COMPLIANCE REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ON OR BEFORE JANUARY 10 OF EACH YEAR.
- 6 - H.B.
2867 H.
"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:
"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.
(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.
"HIGHER EDUCATION INSTITUTION" MEANS EITHER OF THE FOLLOWING:
"HIGHER EDUCATION INSTITUTION" MEANS ANY OF THE FOLLOWING:
(c) A CAREER TECHNICAL EDUCATION DISTRICT THAT PROVIDES INSTRUCTION TO ADULT STUDENTS.
(d) A PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION THAT IS LICENSED PURSUANT TO TITLE 32, CHAPTER 30, ARTICLE 2 AND THAT RECEIVES MONIES FROM THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE.
"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.
"HOSTILE EDUCATION ENVIRONMENT" MEANS THAT 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.
- 8 - H.B.
Sec.
2867 Sec.
The department of education shall transmit a copy of this act to each public school in this state.
The department of education shall transmit a copy of this act to each public school and to each career technical education district that provides instruction to adult students in this state.
3.
The state board for private postsecondary education shall transmit a copy of this act to each private postsecondary educational institution that is licensed pursuant to title 32, chapter 30, article 2, Arizona Revised Statutes.
- 9 -
- 7 -
⬇ Download PDF
View plain text versions (7)

Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. FAILED

  8. DPA

  9. DP

  10. Senate Second Reading

  11. Senate First Reading

  12. Transmit to Senate

  13. PASSED

  14. DPA

  15. DPA

  16. House Second Reading

  17. House First Reading.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 89 not signed on · 50 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (89)

89 members have not signed on to this bill.

Show all 89 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 33 Yea · 20 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 42003
Republican 29004
Total 332007
% of votes cast 55%33%0%12%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Yea
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Yea
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Not Voting
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Yea
Stacey Travers Democrat Not Voting
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Not Voting
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Not Voting
Chris Lopez Republican Yea
David Livingston Republican Not Voting
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Not Voting
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Not Voting
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Passed

Passed 16 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 01102
Republican 16100
Total 161202
% of votes cast 53%40%0%7%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Diaz Democrat Nay
Flavio Bravo Democrat Nay
Kiana Sears Democrat Nay
Lauren Kuby Democrat Nay
Lela Alston Democrat Not Voting
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

failed to pass

Failed 11 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 11002
Republican 01601
Total 111603
% of votes cast 37%53%0%10%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Yea
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Eva Diaz Democrat Yea
Flavio Bravo Democrat Yea
Kiana Sears Democrat Yea
Lauren Kuby Democrat Yea
Lela Alston Democrat Not Voting
Priya Sundareshan Democrat Yea
Rosanna Gabaldón Democrat Yea
Sally Ann Gonzales Democrat Yea
Theresa Hatathlie Democrat Yea
Carine Werner Republican Nay
David C. Farnsworth Republican Nay
David Gowan Republican Nay
Frank Carroll Republican Nay
Hildy Angius Republican Nay
J.D. Mesnard Republican Nay
Jake Hoffman Republican Nay
Janae Shamp Republican Nay
John Kavanagh Republican Nay
Kevin Payne Republican Nay
Mark Finchem Republican Nay
Shawnna Bolick Republican Nay
Thomas "T.J." Shope Republican Nay
Timothy "Tim" Dunn Republican Nay
Venden "Vince" Leach Republican Nay
Warren Petersen Republican Not Voting
Wendy Rogers Republican Nay

Official roll call →

Passed

Passed 38 Yea · 20 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 62001
Republican 32001
Total 382002
% of votes cast 63%33%0%3%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Yea
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Not Voting
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Yea
Elda Luna-Nájera Democrat Yea
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Yea
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Not Voting
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2867?
HB 2867 is sponsored by Consuelo Hernandez (Democrat), Neal Carter (Republican), Michael Way (Republican), and Alma Hernandez (Democrat).
What is the current status of HB 2867?
This bill died with 57th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2867?
Track HB 2867 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2867

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2867

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →