Page 18 - The Edge - Fall 2020

AASBO VIRTUAL FORUM
BY DON HARRIS
New Laws, AG Opinions Helping Schools Deal with COVID-19
Coronavirus-related actions by the Arizona Legislature
and Attorney General Mark Brnovich are having a
positive impact on the state’s public school officials as
they navigate through unprecedented times.
In an AASBO webinar presentation July 16, Chris
Thomas, General Counsel and Associate Executive
Director of the Arizona School Boards Association, gave
some 500 school business officials a brief overview of
some of the key actions designed to help get public
schools through the COVID-19 crisis. He also touched
on rulings by the U.S. Supreme Court and the 3rd U.S
Circuit Court that could have an impact on Arizona.
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Chris Thomas
Thomas said the Supreme Court ruled that the Montana
state Constitution discriminated against religious schools
when it barred families from using a tax credit
scholarship to enroll children in religious schools. The
ruling was considered major victory for school-choice
advocates, according to Thomas. It was a 5-4 decision,
with Chief Justice John Roberts proven to be the swing
vote. If anyone in Arizona tries to invalidate the state’s
Empowerment Scholarship Accounts program, Thomas
said they “might have a very difficult time.”
The Circuit Court ruling involves a Pennsylvania school
district that disciplined a student after she posted on
Snapchat, off-campus and during non-school hours,
what was considered a profane and vulgar message. The
court ruled unanimously that the student’s free speech
was protected and that the school district violated the
student’s First Amendment rights. Thomas said an appeal
to the U.S. Supreme Court is likely, and he expects the
justices “to take a hard look” at the issue.
Regarding the Legislature, Thomas said the good news is
that because the session was cut short due to the spread
of the coronavirus, not a lot of bills were passed. Some
that didn’t make it, probably will be back whenever
lawmakers return to their desks, he suggested.
Thomas mentioned some of the education-related
measures that became law.
SB1061 requires schools to post a notice to parents
regarding their rights. It provides access to such things
as curriculum and student records, Thomas said.
SB1445 is based on national model legislation and
is intended to identify and prevent potential student
suicides. “Schools are required to provide ongoing
training to all employees to look for signs of students
who are under stress and a suicide risk,” Thomas said.
A related bill, SB1446, requires that the phone number of
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THE EDGE FALL 2020