who violate the new rules to
discipline and lawsuits.
The proposal would have prohibited
teachers and administrators from teaching or promoting antisemitism or
antisemitic actions that create a hostile environment, calling for the genocide
of any group or requiring students to advocate for an antisemitic point of
view. It also would have barred public schools from using public money to
support the teaching of antisemitism.
Educators would have personally been
responsible for covering the costs of damages in lawsuits for violating the
rules. Hobbs, a Democrat, said Tuesday that the bill was not about antisemitism
but rather about attacking teachers.
“It puts an unacceptable level of
personal liability in place for our public school, community college, and
university educators and staff, opening them up to threats of personally costly
lawsuits," she said in a statement. "Additionally, it sets a
dangerous precedent that unfairly targets public school teachers while
shielding private school staff."
described antisemitism as a very
troubling issue in the U.S., but said students and parents can go through the
state's Board of Education to report antisemitism.
The measure cleared the Legislature
last week on a 33-20 vote by the House, including a few Democrats who crossed party
lines to support it. It's one of a few proposals to combat antisemitism across
the country.
Democrats tried but failed to remove
the lawsuit provision and swap out references to antisemitism within the bill
with “unlawful discrimination” to reflect other discrimination.
The bill’s chief sponsor, Republican
Rep. Michael Way, of Queen Creek, has said his proposal would create
accountability when educators fail to protect students from the rise in
antisemitism since the start of the Israel-Hamas war.
Opponents said the bill aimed to
silence people who want to speak out on the oppression of Palestinians and
opened up educators to personal legal liability in lawsuits students could
file.
Students over the age of 18 and the
parents of younger pupils would have been able to file lawsuits over violations
that create a hostile education environment, leaving teachers responsible for
paying any damages that may be awarded, denying them immunity and prohibiting
the state from paying any judgments arising from any such lawsuits.
Last week, Lori Shepherd, executive
director of Tucson Jewish Museum & Holocaust Center, wrote in a letter to
Hobbs that if the bill were approved it would threaten teachers’ ability to
provide students with a full account of the holocaust.
Under the bill, “those discussions
could be deemed ‘antisemitic’ depending on how a single phrase is interpreted,
regardless of intent or context,” she said.
The bill would have created a
process for punishing those who break the rules. At K-12 schools, a first-offense
violation would lead to a reprimand, a second offense to a suspension of a
teacher or principal’s certificate and a third offense to a revocation of the
certificate.
At colleges and universities,
violators would have faced a reprimand on first offense, a suspension without
pay for a second offense and termination for a third offense.
The proposal also
would have required colleges and universities to consider violations by
employees to be a negative factor when making employment or tenure decisions.
Under the proposal, universities and
colleges couldn’t recognize any student organization that invites a guest
speaker who incites antisemitism, encourages its members to engage in
antisemitism or calls for the genocide of any group.
Elsewhere in the U.S., a Louisiana
lawmaker is pushing a resolution that asks universities to adopt policies to
combat antisemitism on campuses and collect data on antisemitism-related
reports and complaints. And a Michigan lawmaker has proposed putting a
definition of antisemitism into the state’s civil rights law.