COMMITTEE ON EDUCATION
SENATE AMENDMENTS TO H.B. 2253
(Reference to House engrossed bill)
Strike everything after the enacting clause and
insert:
“Section 1. Title 15, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 15-720, to read:
15-720. Noncurriculum related clubs for grades seven and eight; definitions
A. It is
unlawful for any public school that offers instruction in grades seven and
eight to deny equal access to pupils, TO DENY a fair opportunity to pupils or
to discriminate against pupils who wish to conduct a meeting within a limited
open forum on the basis of the religious content, political content, philosophical
content or other content of speech at these meetings.
B. A public
school that offers instruction in grades seven and eight shall be deemed to
offer a fair opportunity to pupils who wish to conduct a meeting within a
limited open forum pursuant to this section if the school policy on
noncurriculum group meetings conforms to all of the following:
1. the
meetings are voluntary and INITIATED by pupils.
2. the
meetings are not sponsored by the school, the school district, the federal
government, this state, any of this state's political subdivisions or any
officer or employee of the school, the school district, the federal government,
this state or any of this state's political subdivisions.
3. Employees
or officers of the school, the school DISTRICT, the federal government, this
state or any of this state's political subdivisions may be present at religious
meetings only as nonparticipants.
4. the
Meetings do not materially and substantially interfere with the orderly conduct
of the educational activities of the school.
5. Persons
who are not officials or employees of the school or the school district shall
not direct, conduct, control or regularly attend the meetings.
C. this
section shall NOT be CONSTRUED to authorize this state or any of its political
subdivisions to engage in any of the following:
1. Influence
the form or the content of any prayer or other religious activity.
2. Require
any person to participate in prayer or any other religious ACTIVITY.
3. Spend
public monies on noncurriculum group meetings other than the incidental costs
of providing methods to announce the time and location of a noncurriculum
group's meeting to seventh and eighth grade pupils and the incidental costs of
providing the facilities to conduct the meeting.
4. Compel
any officer or employee of the school or the school district to attend a
noncurriculum group meeting if the content of the speech at the meeting is
contrary to the beliefs of the officer or employee.
5. Allow
meetings that are unlawful to take place on school property.
6. Limit the
application of this section to groups of a minimum or maximum number of pupils.
7. violate
the constitutional rights of any person.
D. this
section shall NOT be construed to limit the authority of the school, the school
district or the officers or employees of the school or the school district to:
1. Maintain
order and discipline on the school premises.
2. Protect
the safety of pupils and faculty.
3. allow a
school officer or employee or a school district officer or employee to be
present at noncurriculum group meetings.
4. ensure
that the attendance of pupils at noncurriculum group meetings is voluntary.
E. As used
in this section:
1. "Limited
open forum" means an offering or OPPORTUNITY provided by a school that
provides instruction in grades seven and eight for one or more noncurriculum
related groups of pupils to meet on the premises of the school during lunch
periods, before the commencement of the day's regularly scheduled courseS or
after the conclusion of the day's regularly scheduled courseS.
2. "noncurriculum"
means that the group's activities do not substantially enhance, extend or
reinforce the subject matter of an academic course that is currently offered at
the school.
3. “Pupil” means a public school student enrolled in the seventh or eighth grade.”
Amend title to conform