15-110

15-110. Rights of students at public
educational institutions; limitations; definition

A. A public educational institution shall not discriminate against students or
parents on the basis of a religious viewpoint or religious expression.

B. If an assignment requires a student's viewpoint to be expressed in coursework,
artwork or other written or oral assignments, a public educational institution shall not
penalize or reward a student on the basis of religious content or a religious viewpoint.
In such an assignment, a student's academic work that expresses a religious viewpoint
shall be evaluated based on ordinary academic standards of substance and relevance to the
course curriculum or requirements of the coursework or assignment.

C. Students in public educational institutions may pray or engage in religious
activities or religious expression before, during and after the school day in the same
manner and to the same extent that students may engage in nonreligious activities or
expression.

D. Students in public educational institutions may wear clothing, accessories and
jewelry that display religious messages or religious symbols in the same manner and to
the same extent that other types of clothing, accessories and jewelry that display
messages or symbols are permitted.

E. This section shall not be construed to authorize this state or any of its
political subdivisions to do either of the following:

1. Require any person to participate in prayer or in any other religious activity.

2. Violate the constitutional rights of any person.

F. This section shall not be construed to limit the authority of any public
educational institution to do any of the following:

1. Maintain order and discipline on the campus of the public educational
institution in a content and viewpoint neutral manner.

2. Protect the safety of students, employees and visitors of the public educational
institution.

3. Adopt and enforce policies and procedures regarding student speech at school
provided that the policies and procedures do not violate the rights of students as
guaranteed by the United States and Arizona constitutions and laws.

4. Adopt and enforce policies and procedures that prohibit students from wearing
any type of clothing, accessories and jewelry that is worn with the intent to convey
affiliation with a criminal street gang as defined in section 13-105.

G. A student or a student's parent shall not initiate legal action to enforce this
section unless the student or the student's parent has done the following:

1. The student or the student's parent shall submit a complaint in writing with the
specific facts of the alleged violation to the principal of the school. The principal
shall investigate the complaint and respond in writing, including a description of any
action taken to resolve the complaint, within fifteen days of receiving the written
complaint.

2. If the action taken by the principal of the school does not resolve the
complaint of the student or the student's parent, the student or the student's parent
shall submit a complaint in writing with the specific facts of the alleged violation to
the superintendent or designated administrator. The superintendent or designated
administrator shall investigate the complaint and respond in writing, including a
description of any action taken to resolve the complaint, within twenty-five days of
receiving the written complaint.

3. If the action taken by the superintendent or designated administrator does not
resolve the complaint of the student or the student's parent, the student or the
student's parent may pursue legal action to enforce this section.

H. For the purposes of this section, "public educational institution" means any of
the following:

1. A school district, including its schools.

2. A charter school.

3. An accommodation school.

4. The Arizona state schools for the deaf and the blind.