Legislative & Policy Resources

PRESENTATION:

Transparency Requirements: What you need to know to make the law work

NEW LAW

HB 2161: PARENTAL RIGHTS; SCHOOLS; EDUCATIONAL RECORDS

15-143. Educational records; rights of parents

A. IN ACCORDANCE WITH THE RIGHTS SECURED UNDER SECTION 1-602, SUBSECTION A, PARAGRAPH 2, A PARENT SHALL HAVE ACCESS TO ALL WRITTEN AND ELECTRONIC RECORDS OF A SCHOOL DISTRICT OR CHARTER SCHOOL OR A SCHOOL DISTRICT OR CHARTER SCHOOL EMPLOYEE CONCERNING THE PARENT'S CHILD AND TO ALL ELECTRONIC ACCOUNTS OF THE PARENT'S CHILD, INCLUDING ALL OF THE FOLLOWING:

  1. ATTENDANCE RECORDS.

  2. TEST SCORES OF SCHOOL-ADMINISTERED TESTS AND STATEWIDE ASSESSMENTS.

  3. GRADES.

  4. EXTRACURRICULAR ACTIVITIES OR CLUB PARTICIPATION.

  5. DISCIPLINARY RECORDS.

  6. COUNSELING RECORDS.

  7. PSYCHOLOGICAL RECORDS.

  8. APPLICATIONS FOR ADMISSION.

  9. HEALTH AND IMMUNIZATION INFORMATION, INCLUDING ANY MEDICAL RECORDS THAT ARE MAINTAINED BY A HEALTH CLINIC OR MEDICAL FACILITY OPERATED OR CONTROLLED BY THE SCHOOL DISTRICT OR CHARTER SCHOOL OR THAT ARE LOCATED ON SCHOOL DISTRICT OR CHARTER SCHOOL PROPERTY.

  10. TEACHER AND COUNSELOR EVALUATIONS.

  11. REPORTS OF BEHAVIORAL PATTERNS.

  12. EMAIL ACCOUNTS.

  13. ONLINE OR VIRTUAL ACCOUNTS OR DATA.

 15-117. Surveys; pupil information; parental permission and informed consent; exceptions; penalties; definitions

B. At LEAST SEVEN DAYS BEFORE ADMINISTERING ANY SURVEY TO A PUPIL, every school district and charter school shall PROVIDE A COPY OF THE SURVEY TO THE PUPIL'S PARENT ALONG WITH A WRITTEN INFORMED CONSENT FORM AND SHALL obtain written informed consent from the PUPIL'S parent FOR THE pupil to participate in THE survey.

HB 2495: SCHOOLS; SEXUALLY EXPLICIT MATERIALS; PROHIBITION

15-120.02. Sexually explicit materials; prohibition; exemptions; definition

A. EXCEPT AS PRESCRIBED IN SECTION 15-711, A PUBLIC SCHOOL IN THIS STATE MAY NOT REFER STUDENTS TO OR USE ANY SEXUALLY EXPLICIT MATERIAL IN ANY MANNER.

B. MATERIALS MAY BE EXEMPTED FROM THE PROVISIONS OF SUBSECTION A IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET:

  1. THE EXEMPTED MATERIAL POSSESSES SERIOUS EDUCATIONAL VALUE FOR MINORS OR POSSESSES SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE.

  2. THE PUBLIC SCHOOL REQUIRES WRITTEN PARENTAL CONSENT BEFORE THE PUBLIC SCHOOL REFERS A STUDENT TO OR USES THE EXEMPTED MATERIAL. THE PUBLIC SCHOOL SHALL REQUIRE PARENTAL CONSENT ON A PER-MATERIAL BASIS.

  3. THE PUBLIC SCHOOL PROVIDES STUDENTS FOR WHOM PARENTAL CONSENT IS NOT SECURED UNDER PARAGRAPH 2 OF THIS SUBSECTION WITH AN ALTERNATIVE ASSIGNMENT THAT DOES NOT CONTAIN SEXUALLY EXPLICIT MATERIAL.

C. FOR THE PURPOSES OF THIS SECTION, "SEXUALLY EXPLICIT MATERIALS" INCLUDES TEXTUAL, VISUAL OR AUDIO MATERIALS OR MATERIALS ACCESSED VIA ANY OTHER MEDIUM THAT DEPICT ANY OF THE FOLLOWING:

  1. SEXUAL CONDUCT. FOR THE PURPOSES OF THIS PARAGRAPH, "SEXUAL CONDUCT" MEANS ACTS OF MASTURBATION, SEXUAL INTERCOURSE OR PHYSICAL CONTACT WITH A PERSON'S CLOTHED OR UNCLOTHED GENITALS, PUBIC AREA, BUTTOCKS OR, IF SUCH PERSON IS A FEMALE, BREAST.

  2. SEXUAL EXCITEMENT.  FOR THE PURPOSES OF THIS PARAGRAPH, "SEXUAL EXCITEMENT" MEANS THE CONDITION OF HUMAN MALE OR FEMALE GENITALS WHEN IN A STATE OF SEXUAL STIMULATION OR AROUSAL.

  3. ULTIMATE SEXUAL ACTS. FOR THE PURPOSES OF THIS PARAGRAPH, "ULTIMATE SEXUAL ACTS" MEANS SEXUAL INTERCOURSE, VAGINAL OR ANAL, FELLATIO, CUNNILINGUS, BESTIALITY OR SODOMY. A SEXUAL ACT IS SIMULATED WHEN IT DEPICTS EXPLICIT SEXUAL ACTIVITY THAT GIVES THE APPEARANCE OF CONSUMMATION OF ULTIMATE SEXUAL ACTS.

CURRENT LAW

ARIZONA REVISED STATUTES: Title 15 - Education

15-102. Parental involvement in the school; definition

The governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including:

  1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey.

  2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials.

  3. Procedures by which parents who object to any learning material or activity on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality or religion.

  4. If a school district offers any sex education curricula pursuant to section 15-711 or 15- 716 or pursuant to any rules adopted by the state board of education, procedures to prohibit a school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula.

  5. Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from any instruction or presentations regarding sexuality in courses other than formal sex education curricula.

  6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school.

15-113. Rights of parents; public educational institutions; definitions

A. A parent of a student in a public educational institution has the right to review learning materials and activities in advance. A parent who objects to any learning material or activity on the basis that the material or activity is harmful may request to withdraw that parent's student from the activity or from the class or program in which the material is used and request an alternative assignment.

D. A public educational institution shall obtain signed, written consent from a student's parent or guardian before doing either of the following:

  1. Using video, audio or electronic materials that may be inappropriate for the age of the student.

  2. Providing sex education instruction to the student.  At the same time the public educational institution seeks consent, it shall inform the student's parent or guardian of the parent's or guardian's right to review the instructional materials and activities.

15-721. Common schools; course of study; textbooks; definition

F. The governing board shall:

  1. Enforce the course of study and select all textbooks used in the common schools and purchase the textbooks from the publishers. District school funds may be budgeted and expended by the governing board for teaching aids, including instructional computer software. For courses that do not require that each student have a textbook other than for classroom instruction, the school district need only purchase one textbook for each student in the largest group that would be receiving classroom instruction at any one time.

  2. Require that all meetings of committees authorized for the purposes of textbook review and selection be open to the public as prescribed in title 38, chapter 3, article 3.1.

  3. Make available at the school district office for review by the public, for a period of sixty days prior to formal selection of textbooks, a copy of each textbook that is being considered for selection.

G. For the purposes of this section, "textbook" means printed instructional materials or digital content, or both, and related printed or nonprinted instructional materials, that are written and published primarily for use in school instruction and that are required by a state educational agency or a local educational agency for use by pupils in the classroom, including materials that require the availability of electronic equipment in order to be used as a learning resource. 

FEDERAL LAW

20 U.S. Code § 1232h - Protection of pupil rights

The Protection of Pupil Rights Amendment, or PPRA, is a federal law that provides certain rights for parents of students regarding, among other things, student participation in surveys; the inspection of instructional material; certain physical exams; and the collection, disclosure, and use of personal information for marketing purposes.