Arizona bill could pave the way for parents to sue public schools over bullying

PHOENIX — A bill advancing through the Arizona Legislature could allow lawsuits against public schools over bullying.

The bill is among a group of education-focused legislative measures that have already been approved by the Arizona Senate and now advance to the full Arizona House. If passed, they will be sent to Gov. Katie Hobbs for her signature.

Senate Bill 1684 would allow parents to sue a public school if their child is physically harmed by bullying after the school was made aware of the bully’s behavior.

What’s the goal of the bill to allow bullying lawsuits against public schools?

Arizona Sen. Shawnna Bolick, who introduced the bill in February, told the House Education Committee on Tuesday that its purpose is to prevent actions that could lead to serious harm to students.

“At the end of the day, if we make sure that our kids are safe in school, and we don’t have a lot of folks being bullied and potentially ending up harming themselves or unfortunately committing suicide, I think we’re moving in the right step,” Bolick said.

However, critics believe this bill could harm students with disabilities.

ACLU of Arizona spokesperson Gaelle Esposito said the bill could lead to the expulsion of students who may “engage in harmful behaviors or disruptions” with another student without other school interventions.

“If a school can still be sued for a second instance of bullying, even if it has acted in a manner that is consistent with best practices from educational and health care professionals, they will abandon those best practices and resort to dramatic punishments to protect themselves from liability,” Esposito said.

Lawmakers also considered a separate proposal focused on how schools handle sensitive student issues.

Lawmakers push ‘age-appropriate’ learning bill

Senate Bill 1711 was also approved by the Education Committee. It would require the State Board of Education to compile a list of appropriate resources relating to inappropriate or sexual contact for parental use. Each grade level would have different resources.

Arizona Sen. Janae Shamp, who sponsored the bill, said it’s necessary to protect schoolchildren.

“This bill does not mandate new curriculum or require classroom instruction. Instead, it provides schools and families with vetted, voluntary resources compiled at the state level,” Shamp said.

Rep. Nancy Gutierrez voted against the bill, saying more information is needed about evidence-based abuse prevention and accessible materials.

“I also agree that we want all children to be safe,” Gutierrez said. “I don’t think posting something on a website is going to do that. I think that we need full and age-appropriate sex education that is an opt-out program instead of an opt-in.”

Tuesday’s session was the last scheduled meeting for the House Education Committee during this legislative session.

Funding for this journalism is made possible by the Arizona Local News Foundation.

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