What is A.R.S § 15-717.02?
At the end of the 2021 session of the Arizona Legislature, a bill was passed (Laws 2021, Chapter 404, Section 21) that prohibits instruction on certain topics from being offered in public district or charter schools in grades PK-12. The law states that a teacher, administrator or other employee shall not use public monies for instruction that presents any form of blame or judgement on the basis of race, ethnicity or sex or allow instruction based on the following seven concepts:
- One race, ethnic group, or sex is inherently morally or intellectually superior to another race, ethnic group, or sex.
- An individual, by virtue of the individual’s race, ethnicity, or sex, is inherently racist, sexist, or oppressive whether consciously or unconsciously.
- An individual should be “invidiously” discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity, or sex.
- An individual’s moral character is determined by the individual’s race, ethnicity, or sex.
- 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.
- An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or sex.
- Academic achievement, meritocracy, or traits such as 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.
The law allows for a county attorney or the attorney general to initiate a lawsuit against a school district or charter school that is proven to violate this law. Additionally, attorneys acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether a proposed use of school district resources would violate this law.