Reference Title: discrimination; preferential treatment; prohibition; instruction

AN ACT
AMENDING SECTION 15-710, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 9, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 9; RELATING TO CIVIL RIGHTS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-710, Arizona Revised Statutes, is amended to read:

15-710 . Instruction in state and federal constitutions, American institutions and history of Arizona

All schools shall give instruction in the essentials, sources and history of the Constitutions of the United States and Arizona and instruction in American institutions and ideals , INCLUDING EQUAL OPPORTUNITY AND PREJUDICE REDUCTION, and in the history of Arizona. The instruction shall be given in accordance with the state course of study for at least one year of the common school grades and high school grades , respectively. The state board of education shall prescribe suitable teaching materials for such instruction.

Sec. 2. Title 41, chapter 9, Arizona Revised Statutes, is amended by adding article 9, to read:

article 9. Prohibition against discrimination and preferential treatment by political subdivisions

41-1493 . Discrimination; preferential treatment; prohibition; exceptions; definition

A. THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE SHALL NOT DISCRIMINATE AGAINST OR GRANT PREFERENTIAL TREATMENT TO AN INDIVIDUAL OR GROUP ON THE BASIS OF RACE, SEX, COLOR, ETHNICITY OR NATIONAL ORIGIN IN THE OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION OR PUBLIC CONTRACTING.

B. THIS SECTION DOES NOT:

1. PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX THAT ARE REASONABLY NECESSARY TO THE NORMAL OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION OR PUBLIC CONTRACTING.

2. INVALIDATE ANY COURT ORDER OR CONSENT DECREE THAT IS IN FORCE ON THE EFFECTIVE DATE OF THIS SECTION.

3. PROHIBIT ACTION THAT MUST BE TAKEN TO ESTABLISH OR MAINTAIN ELIGIBILITY FOR ANY FEDERAL PROGRAM IF INELIGIBILITY WOULD RESULT IN A LOSS OF FEDERAL MONIES TO THIS STATE OR A POLITICAL SUBDIVISION.

C. IN THIS SECTION, "POLITICAL SUBDIVISION" HAS THE SAME MEANING PRESCRIBED IN SECTION 38-431.

Sec. 3. Applicability

This act only applies to actions taken after the effective date of this act.