In a notable decision, Arizona Governor Katie Hobbs vetoed a proposed law aimed at prohibiting the teaching of antisemitism in public K-12 schools, as well as public universities and colleges, subjecting educators who breach these regulations to potential disciplinary actions and lawsuits.
The proposal sought to prevent teachers and administrators from endorsing or promoting antisemitic views or behaviors that could foster a hostile learning environment, including advocating for the extermination of any group. It would also have barred the use of public funds to support such teachings in schools.
According to the vetoed bill, educators found in violation could have faced personal financial responsibility for damages incurred from lawsuits. Governor Hobbs, a Democrat, criticized the legislation, asserting that it targeted educators rather than addressing antisemitism itself. “This puts an unacceptable level of personal liability on public education staff, exposing them to potentially expensive lawsuits,” Governor Hobbs commented in a statement. “It sets a concerning precedent that disproportionately impacts public school teachers while excluding private institutions.”
Hobbs acknowledged antisemitism as a significant issue in the United States, noting that students and parents can report such incidents through the state’s Board of Education.
The legislative measure passed in the House last week with a 33-20 vote, which included some Democrats siding with Republicans. This bill formed part of a broader national initiative to tackle antisemitism in education.
Efforts by Democrats to amend the bill, targeting the lawsuit provision and replacing “antisemitism” with “unlawful discrimination” to encompass broader forms of discrimination, were unsuccessful.
Republican Representative Michael Way from Queen Creek, who sponsored the bill, criticized the veto as “disgraceful” through a post on social media, indicating the bill was intended to eliminate “overt and serious antisemitic content” within educational environments. “The suggestion that it limited the expression of the majority of Arizona’s teachers is misleading at best,” he remarked.
Critics argued the bill intended to suppress voices supporting Palestinian rights and risked subjecting educators to individual legal challenges from students.
The legislation permitted students aged 18 and above, as well as parents of minors, to initiate lawsuits concerning violations that create an antagonistic educational setting. Teachers, under such lawsuits, would be directly responsible for any financial reparations awarded, with no immunity or state assistance in judgment payments.
An open letter from Lori Shepherd, executive director of the Tucson Jewish Museum & Holocaust Center, addressed to Governor Hobbs last week warned that the bill, if enacted, could obstruct teachers’ ability to deliver comprehensive holocaust education.
Shepherd noted that under the proposed law, such discussions might be labeled as “antisemitic” based on arbitrary interpretation, irrespective of context or intention.
The proposal included procedures for penalizing violations, with initial offenses at K-12 schools resulting in reprimands, second offenses leading to educator or principal certification suspensions, and third offenses entailing certificate revocations.
Higher education institutions would have faced reprimands for first offenses, unpaid suspensions for second offenses, and termination after third offenses. Colleges and universities would be mandated to consider violations as detrimental factors in employment and tenure evaluations.
Additionally, the bill outlined that universities and colleges would not be able to recognize any student organizations that host speakers propagating antisemitism or advocating for genocide.
Nationally, efforts to curb antisemitism include a resolution by a Louisiana legislator urging universities to implement policies against antisemitism and to track antisemitism-related complaints and data, and a Michigan proposal to incorporate a definition of antisemitism into the state’s civil rights law.