Arizona legislature approaches deadline to hear bills in committees

This week is the last week to hear bills in the committees to which they have been assigned. Any bill that has not passed out of a House and Senate committee is generally considered dead (although a good rule of thumb is that until the legislature adjourns sine die, no bill is ever fully dead). As in prior sessions, UA only takes positions on pending legislation per the approval of the Arizona Board of Regents.  

Below are bills that impact Higher Education.

SB1040 - Student activity fees; conscience exemption (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Status – No Longer Active  

This bill would require ABOR to grant exemptions to students paying “Student Activity Fees” if the payment violates the students’ conscience or if the student: 

• Is a veteran who recently returned from service.
• Was recently married or recently became a parent. 
• Does not participate in student activities. 
• Objects on religious or moral grounds.
• Demonstrates financial hardship or is on campus only part-time.

SB1043 - Genetic counselors; licensure (Representative Shope – Casa Grande) 

ABOR/UA Position – Support

Legislative Position – Still Active 

Establishes regulations and licensure requirements for genetic counselors. 

SB1152 - Arizona state university; appropriation reduction (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Position – No Longer Active 

Removed all state funding from Arizona State University, which would result in a $548,865,100 budget reduction.  

SB1198 - disruption; educational institution; concealed weapon (Senator Rogers – Flagstaff) 

ABOR/UA Position – Oppose 

Legislative Position – Still Active 

Under this bill, a university or community college would not be able to prohibit a person’s legal possession of a concealed weapon on campus.

SB1303 - ABOR; high school honors endorsements (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Neutral 

Legislative Position – No Longer Active 

Requires the Board of Regents to extend honors endorsements to students at district schools, charter schools and private schools.

SB1304 - ABOR; postsecondary institutions; policies (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Position – Still Active 

This is an “omnibus” bill, which includes provisions from SB1303, SB1305, SB1306, SB1307 and SB1470.

SB1305 – Public universities; posting requirements (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Position – No Longer Active 

Provisions

1. Requires each academic unit, before classes begin for any term, to prominently post the following information, for each outlined course offered by the academic unit, on the academic unit’s website, course directory and any other place where courses are publicly listed:
   1. the title of the course;
   2. the current course syllabus; and
   3. the name of the primary instructor for the course, including either the instructor's curriculum vitae or the instructor's resume and a complete list of the instructor's published work.
2. Requires the posted course syllabus to include a comprehensive list of all materials and resources that students will review in the course including, books, excerpts from books, articles, research papers, written works that are provided in an electronic format, videos and movies.
3. Requires the posted course syllabus to include the following for each item that is included in the list:
   1. for an item that is provided online, the website address and version or edition of the item that students will review in the course;
   2. the title, author, version or edition, publisher and publication date for the item that students will review in the course; or 
   3. as allowed by state or federal law, a copy of the item that students will review in each course.
4. Requires the outlined instructors to annually update the curriculum vitae or resume and the list of published work.
5. Prohibits an academic unit that fails to satisfy the outlined posting requirements for any course that is offered by the academic unit from: 
   1. including the course on the academic unit's website, course directory or any other place where courses are publicly listed; and 
   2. allowing any student to enroll in the course.
6. Requires ABOR to establish policies and procedures to enforce the outlined requirements relating to the posting of information on the academic unit's website.
7. Defines academic unit as a college, school or department operated by a university under the jurisdiction of the ABOR

Amendments Adopted by Committee of the Whole

1. Requires the outlined information to be prominently posted on the academic unit's website, course directory and any other place where courses are publicly listed.
2. Requires the posted course syllabus to include a comprehensive list of all materials and resources that students will review in the course including, books, excerpts from books, articles, research papers, written works that are provided in an electronic format, videos and movies.
3. Requires the posted syllabus to include the following for each item that is included in the list:
   1. for an item that is provided online, the website address and version or edition of the item that students will review in the course;
   2. the title, author, version or edition, publisher and publication date for the item that students will review in the course; or 
   3. as allowed by state or federal law, a copy of the item that students will review in each course.
4. Requires the outlined instructors to annually update the curriculum vitae or resume and the list of published work.
5. Prohibits an academic unit that fails to satisfy the outlined posting requirements for any course that is offered by the academic unit from:
   1. including the course on the academic unit's website, course directory or any other place where courses are publicly listed; and 
   2. allowing any student to enroll in the course.
6. Removes the requirements relating to the posting of information on the home page of each academic unit's website.

SB1306 - ABOR; administrative powers; delegation; limitation  (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Neutral 

Legislative Position – No Longer Active 

States that the delegation of authority does not limit the Arizona Board of Regent’s responsibility to execute its duties.

SB1307 - Postsecondary institutions; free expression; policies (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Position - No Longer Active 

Provisions

1. Requires ABOR and each community college district governing board to adopt an enforceable free expression policy and requires the policy to specify that students and faculty may assemble and engage in expressive activities without penalty or retaliation.
2. Requires the free expression policy adopted by ABOR and each community college district governing board to state that there is a range of disciplinary actions for an administrator, faculty member or other employee who is subject to the jurisdiction of a university or community college and who engages in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity.
3. Subjects any investigation of the conduct of an administrator, faculty member or employee that allegedly, materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity to the following requirements:
   1. a university or community college may not investigate the allegations until after the university or community college has notified the administrator, faculty member or employee who is subject to investigation about the specific allegations and has given the administrator, faculty member or employee a reasonable opportunity to respond to the allegations;
   2. the person responsible for an investigation must disclose all conclusions and recommendations relating to the investigation to the administrator, faculty member or employee who is the subject of the investigation before submitting the final report and recommendations to the university or community college; and
   3. the final report and recommendations for an investigation must include any response that the university or community college received from the administrator, faculty member or employee who is the subject of the investigation or that the administrator, faculty member or employee submitted in response to the outlined conclusions and recommendations.
4. Stipulates that in an outlined disciplinary proceeding involving administrators, faculty members or other employees, the individual who is subject to discipline is entitled to the right to active assistance of counsel if the termination of employment is a potential consequence of the disciplinary proceeding.
5. Stipulates that if an administrator, faculty member or other employee has repeatedly been determined to have engaged in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity, a punishment of suspension, expulsion or termination of employment from the university or community college may be appropriate.
6. Requires ABOR and each community college district governing board to:
   1. publish all policies, regulations and other materials that describe the rights and responsibilities of students, administrators, faculty members and other employees relating to free expression on campus; and
   2. develop materials, programs and procedures to ensure that any individual who has disciplinary authority understands the outlined policies, regulations and other materials and understands the university's or community college's responsibilities relating to free expression on campus.
7. Stipulates that the outlined publication includes publication on websites and in all handbooks and orientation program materials for students and employees of ABOR, each institution under the jurisdiction of ABOR and each community college district governing board.
8. Allows universities and community colleges to restrict administrators, faculty members or other employee's expression only for expressive activity that is not protected by the U.S. Constitution.
9. Requires ABOR to adopt personnel policies for all employees of ABOR and the universities that:
   1. require all officers and employees of ABOR and of the universities to protect the rights of students, administrators, faculty members and other employees as outlined by the U.S. Constitution and Arizona Constitution;
   2. prohibit the president, administrators, faculty members and other employees of each institution from retaliating against any individual, including an administrator, faculty member, employee or student, for outlined rights; and
   3. require the president of each institution under the jurisdiction of ABOR to adopt policies and procedures to enforce outlined protections.
10. Defines individual who has disciplinary authority as administrators, campus police officers, individuals who are responsible for maintaining order in a shared student housing setting under the jurisdiction of the university or community college an and any individual who provides instruction to students or school employees.

SB1477 - political bias; grade challenge department (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Position - No Longer Active 

Establishes the Grade Challenge Department within the Arizona Board of Regents to hear challenges from students alleging a grade was awarded due to political bias. Authorizes the Department or ABOR to require a faculty member to regrade or reevaluate a student's assignment or overall grade as outlined. 

Provisions

1. Establishes the Department within ABOR to hear challenges from Arizona public university students regarding grades received in any class or on any assignment if a student alleges a grade was awarded due to political bias.
2. Determines that the Department must be composed of volunteers selected by ABOR to provide a hearing for Arizona public university students to challenge a grade awarded on an assignment or an overall class grade.
3. Requires ABOR to provide staff to support the Department as necessary.
4. Authorizes the Department, if the Department determines that a student's grade was awarded due to political bias, to require an Arizona public university faculty member to regrade the student's assignment or reevaluate the student's overall class grade consistent with the Department's guidance.
5. Allows a student, if the student believes the Department wrongly dismissed the student's challenge or did not adequately consider the facts of the challenge, to appeal the Department's decision to ABOR.
6. Authorizes ABOR to order an Arizona public university faculty member to regrade a student's assignment or reevaluate a student's overall class grade consistent with ABOR's guidance.
7. Requires the Department to have a location at each Arizona public university.

HB2178 - Universities; student fees; clubs; organizations (Senator Kolodin – Scottsdale) 

ABOR/UA Position – Neutral because the Sponsor Accepted an Amendment 

Legislative Position – Still Active 

Provisions

1. Requires an Arizona public university that allocates student fee monies to support the activities of individual university-recognized student organizations or clubs to:
   1. provide each student who is charged fees with a reasonable opportunity to select one or more student organizations or clubs to which the university may not allocate the student's pro rata share of the fee monies; and
   2. for each student who makes a selection, use the student's pro rata share of the fee monies that the university allocates only for programs that are open to all students. 
2. Specifies that, if a student does not select one or more student organizations or clubs to withhold fee monies from, the Arizona public university may allocate the student's pro rata share of the fee monies to:
   1. support the activities of any individual university-recognized student organization or clubs; or
   2. programs that are open to all students.
   3. Makes technical changes.
   4. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Narrows the monies to only allocations of student fee monies, rather than monies from any source, to support the activities of individual organizations or clubs.
2. Replaces the requirement to transfer reduced pro rata shares of the monies consistent with student selections with a requirement to use the student's pro rata share of the monies the university allocates only for programs that are open to all students.
3. Authorizes a university, for students who do not select organizations or clubs, to use the student's pro rata share of the monies for outlined purposes, rather than as otherwise provided by law.

HB2735 - ABOR; course approval; accounting system (Representative Grantham – Phoenix East Valley) 

ABOR/UA Position – Neutral 

Legislative Position – Still Active 

Allows ABOR to delegate their authority to approve academic degrees or organizational units only to a university president, who may not further delegate that authority. 

Requires ABOR and university presidents to consult, rather than share responsibility with, university faculty regarding educational and personnel matters. 

Changes faculty's role in university governance from participation to consultation. 

Requires each university to provide ABOR with access to the university's accounting and reporting system for oversight and monitoring purposes. 

HB2759 - Student organizations; terrorism; withholding monies (Representative Hernandez – Tucson) 

ABOR/UA Position – Neutral 

Legislative Position – Still Active 

Provisions

1. Prohibits an institution of higher education from formally recognizing a student organization that:
   1. provides material support to a Foreign Terrorist Organization (FTO), including an FTO that calls for genocide against the Jewish people;
   2. vocally supports, calls for or advocates for genocide, including genocide against the Jewish people;
   3. promotes an FTO in any manner that places a Jewish student in reasonable apprehension of imminent physical injury;
   4. promotes an FTO on the student organization's official social media accounts or communication platforms; or
   5. engages in activities that manifest evidence of prejudice based on antisemitism.
2. Requires each institution of higher education to:
   1. enforce the institution of higher education's codes of conduct, including provisions regarding violent speech on campus;
   2. fully investigate the activities of any student organization that has been reported for a potential violation of providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to supporting an FTO; and
   3. rescind formal recognition of any student organization that the institution of higher education determines to have violated providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to supporting an FTO.
3. Directs each institution of higher education to:
   1. require each faculty advisor of a formally recognized student organization to report any violation of providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to support an FTO; and
   2. discipline any faculty advisor who knowingly violates the reporting requirement.

HCR2056 – Preferential treatment; discrimination; prohibition (Representative Montenegro)

ABOR/UA Position – Neutral because the Sponsor Accepted an Amendment 

Legislative Position – Still Active 

Subject to voter approval, constitutionally prohibits the state from compelling an individual to endorse giving preferential treatment to or discriminating against any individual or individuals on the basis of race or ethnicity as a condition of any hiring, promoting or contracting decision. 

Provisions

1. Prohibits the state from compelling an applicant, employee or contractor to endorse giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity, as a condition of any hiring, promoting or contracting decision. 
2. Prohibits the state, under any circumstance, from disadvantaging or treating an individual or individuals differently on the basis of race or ethnicity, from a pool of applicants, students, employees or contract recipients when making a hiring, contracting, promotion or admission decision.
3. Limits any action relating to preferential treatment, including an affirmative action policy, to outreach, advertising or communication efforts that do not modify any application criteria or evaluation.
4. Prohibits the state from implementing any disciplinary policy or action that treats an individual student or employee or group of students or employees differently on the basis of race or ethnicity.
5. Prohibits access to services, facilities or grounds of the state from being conditioned on race or ethnicity of any individual or group of individuals.
6. Deems any requirement that the state practice racial discrimination, except in accordance with the exemption for outreach, advertising or communication efforts necessary for federal program eligibility, to be: 
   1. inconsistent with the Fourteenth Amendment of the U.S. Constitution; and 
   2. subject to the prohibition on the state and its political subdivisions using personnel or financial resources to enforce, administer or cooperate with the designated federal action or program.
7. Exempts, from the preferential treatment prohibition, qualifications based on tribal membership as part of a program established to serve members of Indian tribes.
8. Includes in the act of compelling an applicant, employee or contractor to endorse giving preferential treatment or discriminating on the basis of race or ethnicity:
   1. requiring or soliciting a written or oral statement in support of any theory or practice that advocates for the differential treatment of individuals based on race or ethnicity and any formulation of diversity, equity, inclusion or intersectionality, beyond upholding the equal protection of the laws guaranteed by the Fourteenth Amendment of the U.S. Constitution;
   2. requiring or soliciting an individual to confess race-based privilege or discuss the individual's race or ethnicity or views on or experience with the race or ethnicity of others; and
   3. giving preferable consideration to an individual for opinions expressed or actions taken in support of another individual or a group of individuals in which the consideration is based on the race or ethnicity of those individuals.
9. Stipulates that the preferential treatment prohibition does not prevent the state from either doing or requiring applicants, employees or contractors to:
   1. disclose or discuss the content of their scholarly research or creative works;
   2. certify compliance with state and federal antidiscrimination law;
   3. if expressly required by federal law, certify the existence of an affirmative action plan that does not include preferential treatment of individuals on the basis of race or ethnicity; or
   4. discuss services, pedagogical approaches or experiences with students or individuals with mental or physical disabilities.
10. Stipulates that the preferential treatment prohibition does not prevent any applicant or employee from providing any of the outlined information on the applicant's or employee's own initiative.
11. Removes the stipulation that the preferential treatment prohibition applies only to actions that are taken after December 14, 2010.
12. Makes technical and conforming changes.
13. Requires the Secretary of State to submit the proposition to the voters at the next general election.
14. Becomes effective if approved by the voters and on proclamation of the Governor.