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- Politics
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Arizona teachers could be sued for what they say in classroom under bill on Hobbs' desk
A bill on the governor's desk would allow students and their parents to sue K-12 and university teachers and could make the instructors pay damages for teaching or promoting antisemitism. The proposal has provoked concern from public-school advocates about exacerbating the teacher shortage and has raised red flags about First Amendment violations due to what the proposed law considers "antisemitism." But supporters, such as bill sponsor Rep. Michael Way, R-Queen Creek, say it's needed because existing anti-discrimination laws "either weren't clear enough or didn't contain the necessary enforcement mechanism to address this problem." House Bill 2867 would prohibit teachers, administrators, contractors and volunteers at K-12 public schools and public or private universities from: teaching or promoting antisemitism; requiring students to advocate for anti-Semitic points of view; and receiving professional development "in any antisemitism" that creates a "discriminatory" or "hostile" environment. The bill includes specific examples of speech the state would prohibit, such as calling the existence of Israel "racist" or comparing Israeli policy to that of Nazis. But when Texas Gov. Greg Abbott tried to punish university student groups for the same type of speech, a Federal District Court in Texas said it amounted to "viewpoint discrimination that chills speech in violation of the First Amendment." That might bode poorly for the constitutionality of Arizona's bill. Some supporters have contended the bill doesn't violate the First Amendment because it targets teachers, not students. However, one provision of the Arizona bill does target students groups — a fact one First Amendment expert said was an obvious violation. Other sections of the bill raise concerns about the free speech rights of teachers and private universities. Way said his bill was prompted by concerns ignited by Hamas' attack against Israel on October 7. It comes amid a wave of similar proposals from lawmakers nationwide who also have tried to combat antisemitism. The efforts have come under fire by free speech advocates for using antisemitism to punish people for criticizing the Israeli government or for supporting the Palestinian people. The Arizona Education Association, the main teacher's union in the state, and the American Civil Liberties Union of Arizona have urged Gov. Katie Hobbs, a Democrat, to veto the bill. The teacher's union, in a letter also signed by the National Council of Jewish Women Arizona, told Hobbs the proposal "weaponizes legitimate concerns about antisemitism to attack public education" by stripping teachers of professional liability protections. That would "incentivize bad-faith litigation by outside groups with unlimited resources, leaving Arizona educators, who already earn some of the lowest salaries in the nation, with few avenues to defend themselves." The ACLU of Arizona wrote to Hobbs that signing it "will chill the First Amendment rights of students, teachers, speakers and administrators," and targets those who criticize Israel. State Rep. Walt Blackman, R-Snowflake, who supported the bill, rejected that idea. The bill wasn't about limiting speech but rather protecting a threatened group, he said. He urged other lawmakers to stand their ground and protect a persecuted community, pondering how such a law may have helped Black Americans in the past. "If you study your history, this sort of thing in schools were happening to Black Americans. And there wasn't a law to protect Black Americans from anti-Black speech in schools, particularly in the South," Blackman said. "This group of people, the Jewish community, this is a long time coming — to protect their identity, their community, their demographics," he said. In addition to banning antisemitic instruction in the classroom, the bill also seeks to restrict the use of public funding for training that promotes antisemitism and bans schools from penalizing or discriminating against a teacher who refuses to teach or promote antisemitism. The bill lays out a formal investigation and appeal process, involving school officials, governing boards and state education agencies. Any member of the public could file a complaint to kick-off the process. Accused officials found in violation could face consequences ranging from formal reprimands to suspension without pay to termination and losing their teaching certificate. The proposal also allows students and their parents to pursue civil litigation after an investigation ends, and says officials can be held personally responsible to pay damages or attorneys fees, if a court awards them. It is unclear who would pay the costs if a public institution itself was found in violation by a court. The bill says taxpayers funds could not be used. Way — who refused to answer questions when reached by phone and insisted on communication by email — told The Arizona Republic that decision would be left to the courts. There are varying opinions on how much of the proposed law, or which portions, would violate the First Amendment. If it became law and was challenged, courts could strike down parts of it and let others take effect. First Amendment expert Eugene Volokh, professor emeritus at the UCLA School of Law, said the parts of the bill banning what teachers couldn't teach in K-12 were probably OK. However, courts could find the bill's definition of antisemitism too vague to warrant punishment like termination, he added. The provision targeting university student groups, however, was "pretty clearly unconstitutional," Volokh said. "Generally speaking, the government can control what is taught in the public schools. It's sort of the government speech," he said. That dynamic changes in higher education, though. "Courts have recognized indeed that faculty members have very broad rights to speak out in public and in their scholarship. And in-part because we're talking not about kids as students but adults as students, that you can't just fire a faculty member simply on the grounds that the speech he said causes tension with people or disrupts morale ... . It would have to be very, very high bar," Volokh said. A few sections that appeared to restrict teachers' speech outside of the classroom also are constitutionally questionable. Volokh pointed to a section that would ban teachers or officials from calling for the genocide of a group of people or the "murder of members of a particular group." Because that section didn't specifically indicate that doing so was banned while teaching, it might be a First Amendment violation, Volokkh said. The First Amendment prohibits the government from banning speech, including offensive and uncomfortable ideas. Those protections are limited when the speech, by its very utterance, incites a clear and present danger — a high threshold. Hobbs, a Democrat whose 2026 re-election chances are widely seen as at risk, has not indicated her position on the bill. She is required to sign or veto it by June 10. It passed the Arizona Senate on May 28 along party lines, with Republicans in support. The House of Representatives passed it June 4, with Democrats Alma and Consuelo Hernandez of Tucson and Lydia Hernandez of Phoenix joining the Republicans. The Hernandez sisters, who are Jewish, are vocal proponents of laws that clamp down on antisemitism. Alma Hernandez, before casting her vote of approval, said the law was needed to address issues like schools displaying Palestinian flags. "That flag is not a flag of a country. That flag is a political statement, which should not be allowed in our public schools," Hernandez said. Taylor Seely is a First Amendment Reporting Fellow at The Arizona Republic / Do you have a story about the government infringing on your First Amendment rights? Reach her at tseely@ or by phone at 480-476-6116. Seely's role is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input. This article originally appeared on Arizona Republic: Arizona bill to ban teaching of antisemitism is First Amendment issue
Yahoo
13-03-2025
- Business
- Yahoo
Proposition 123: Arizona educators urge lawmakers to renew funding bill
The Brief Proposition 123 allows the state to take nearly 7% out of the land trust fund to pay for school districts' expenses. The bill was passed in 2016, but it is set to expire at the end of June. Educators held a rally on March 12, urging lawmakers to put the bill before voters. PHOENIX - Arizona educators held a rally at the state Capitol on Wednesday, demanding lawmakers make funding public education a priority this session. What they're saying The rally was organized by the Arizona Education Association, who marched and chanted outside the House and Senate buildings, asking legislators to put Proposition 123 before voters this August. "What we need is a bold plan for legislators," said AEA President Marisol Garcia. "What you're going to get is educators who are not going to let this system fail." The backstory Proposition 123 was passed in 2016 by voters, but expires at the end of June. The measure allows the state to take nearly 7% out of the land trust fund, up from 2.5%, to pay for school districts' expenses. The measure has provided hundreds of millions of dollars to schools over the last 10 years. Union officials have said that frustration among state educators is growing. Resources are inadequate, classes are overcrowded, and teachers don't feel supported. "Parents should care very deeply. The state is going to have to end up dealing with a lot of financial responsibility under the current national administration," said Garcia. "So it's our job in the state to do what's best for our kids. This is a perfect way to go. It does not increase taxes for anyone, it actually ensures that money coming from the land trust is given to the schools, from 2.5 to 6.9." "We do not have a teacher shortage, y'all," said State Rep. Nancy Gutierrez (D-Dist. 18). "We have a shortage of teachers who are willing to put up with this anymore." By the numbers Governor Katie Hobbs supports extending Prop. 123's 6.9% draw for another 10 years. However, State Sen. JD Mesnard only wants to take 4.5% out, believing that is what the state can afford over the long term. As for proceeds, Gov. Hobbs wants to put the estimated $300 million towards teacher pay raises and general school expenses, while Republicans only want to put it towards wage increases. The AEA says the longer they take, the stronger the likelihood the proposition doesn't go before voters until 2026.
Yahoo
31-01-2025
- Business
- Yahoo
Isaac Elementary staff to keep working Friday, hopeful for paychecks
Isaac Elementary School District educators opted Thursday night to continue working Friday, hopeful they would receive paychecks after not being paid so far this week amid the district's financial crisis that led to its takeover by the state. Their payday was scheduled for Tuesday. "We were extremely hopeful that we would be paid today," said Marisol Garcia, an Isaac Elementary teacher and the president of the Arizona Education Association, a statewide educators' union. On Wednesday night, the Tolleson Union High School District's Governing Board approved a deal with Isaac Elementary that would essentially allow the neighboring high school district to loan Isaac Elementary $25 million. By Thursday afternoon, the transaction had taken place, and all requested documents had been sent to the Maricopa County Treasurer's Office, according to Tolleson Union spokesperson Joseph Ortiz. But by 5 p.m. Thursday, Garcia said, Maricopa County Treasurer John Allen had not yet greenlit the payroll checks. "Nobody understands why we're still waiting for him," she said. "There's money in there to spend. I'm not sure what the treasurer's waiting for." The Maricopa County Treasurer's office did not respond to a request for comment Thursday. More than 300 staff members deliberated Thursday evening, Garcia said, over whether they should return to work Friday. Garcia said they were "significantly traumatized." "There was a lot of emotion, tears," she said. The Arizona Education Association passed out $15,000 in gift cards Thursday — raised by donations from other state and local unions, along with individuals — to make sure staff could buy food and gas, Garcia said. "The feeling is extremely tense on what may happen tomorrow if they are not paid," Garcia said. She added that several staff members were interviewing for other positions and "intend on leaving the district." "These folks are living off $50 gift cards right now," she said. "It's pretty humiliating." Still, they planned to return Friday and would be "monitoring the process of getting checks printed" and handed to employees, Garcia said. Meanwhile, legislation that would advance $2.5 million to the district has stalled after passing the House Education Committee earlier this week. House Bill 2610, introduced by Rep. Matt Gress, R-Phoenix, would direct Allen to issue funds to cover one payroll for the school district. The money would be drawn from Isaac's basic state aid. Garcia said Thursday that she was disappointed that the bill had stalled. Isaac Elementary, which serves approximately 4,800 students in Phoenix, was placed under receivership two weeks ago by the Arizona State Board of Education because it had overspent its budget by millions. Last week, the district's superintendent and chief financial officer resigned. According to Maricopa County Board of Supervisors Chair Thomas Galvin, the district owes the county $28.5 million. The county has said it would not provide any more funding for the district's expenses until the district could demonstrate the ability to pay back its debt, leaving the district without cash to fund operations. The U.S. Department of Education agreed to return $6 million in pandemic relief funds that the district had inadvertently forfeited, and the Treasurer's Office said that money would go toward Isaac Elementary's debt. Arizona Attorney General Kris Mayes has launched an investigation into the financial mismanagement at Isaac Elementary. Getting help: Tolleson Union will transfer $25 million to ailing Isaac Elementary Reach the reporter at mparrish@ This article originally appeared on Arizona Republic: Isaac Elementary staff to keep working Friday, hopeful for paychecks
