Happy Friday! In the news this week, discussions around diversity, equity, and inclusion are evolving at the federal level. School boards across the country, including here in Arizona, are working to understand and respond to updated federal guidance on DEI-related policies. These conversations are shaping how schools approach both governance and student support. As we navigate these shifting policy landscapes, it’s also a great time to recognize the dedicated educators at the heart of it all—because next week is also Teacher Appreciation Week! Starting Monday, May 5th and running until Friday, May 9th, be sure to let the educators in your life know just how grateful you are to have them—whether it’s through a quick note, a kind word, or a simple thank you, your appreciation can go a long way in recognizing the difference they make every day. As always, ASBA is here to keep you informed on the latest in education policy, so please read on for key updates from the capitol and beyond.

The Courts Get Involved with the DOE’s DEI Guidelines: What School Boards Need to Know

Three federal district courts (New Hampshire, Maryland, and DC) issued preliminary injunctions in response to lawsuits brought by educational organizations. These rulings pertained to the Dear Colleague Letter (DCL) issued by the Department of Education (DOE) earlier this year, and the letter aimed to dismantle DEI practices in public education across the nation. The New Hampshire and Maryland courts blocked the (DCL) entirely, while the DC court only blocked the certification requirement. This has led to a lot of confusion across our nation’s school boards as to what the next steps should be, and in response, ASBA has compiled a guidance document explaining the rulings and outlining the proper procedure to comply with this new policy. Please feel free to explore the document for yourself (linked down below), but here is an overview of the document’s main points, starting with the key legal issues identified by the courts. The key issues found by the courts in their rulings include:

• Finding that the DOE is bypassing required administrative procedures

• Finding that statutory authority has been exceeded regarding curriculum control

• First Amendment concerns

• Vagueness problems, particularly with defining "DEI practices"

The court injunctions vary in scope, protecting specific plaintiffs and their members. It is important to keep in mind that all of these are just preliminary rulings that temporarily block enforcement while litigation continues. The DOE retains authority to enforce existing civil rights laws despite these injunctions.

The guidance explained in the document below advises school boards to:

• Continue following Title VI requirements

• Document educational rationales for curriculum decisions

• Consult legal counsel before making significant changes

• Monitor ongoing legal developments

• Focus on proper procedures when developing policies

• Consider jurisdictional implications if not directly covered by an injunction

The link to the document itself can be found here

TL;DR: The above link outlines recent court decisions regarding the U.S. Department of Education's (DOE) guidance documents issued in early 2025. The DOE released a "Dear Colleague Letter" (DCL) on February 14, a follow-up FAQ on February 28, and a compliance certification requirement on April 3, all related to nondiscrimination obligations for educational institutions receiving federal funding.

ESA Handbook Vote Delayed as ADE Seeks More Public Input on Spending Guidelines

The Arizona State Board of Education has postponed its vote on the revised Empowerment Scholarship Account (ESA) handbook until June 23, 2025. This decision follows requests from the Arizona Department of Education and aims to allow additional time for public input on the proposed changes. The draft handbook includes new guidelines such as spending caps on items like musical instruments, physical education equipment, and vocational tools, as well as requirements that purchases be tied to an existing curriculum. While some ESA parents support these measures to ensure accountability, others express concerns that the caps may be too restrictive and not aligned with legislative intent. Superintendent of Public Instruction Tom Horne has defended the spending limits, citing examples of inappropriate expenditures and emphasizing the Department's responsibility to oversee the program. The delay continues dialogue between stakeholders, including parents, educators, and policymakers, to address concerns and refine the proposed guidelines.

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Looking Ahead to Teacher Appreciation Week

Teacher Appreciation Week kicks off next Monday, May 5th, and runs through Friday, May 9th, with Teacher Appreciation Day this year falling on Tuesday, May 6th. Next week serves as a meaningful opportunity to recognize the dedication, passion, and hard work of our educators across Arizona, and beyond. From early mornings to after-school commitments, teachers go above and beyond to support students' growth and success. In honor of their contributions, a variety of businesses are offering special deals; Whataburger has free breakfast entrées for educators between 5 and 9 a.m., while other companies like Staples, Lenovo, Samsung, Adobe, and Apple offer discounts on classroom and tech essentials. Whether it’s a meal, a supply discount, or a heartfelt thank-you, these gestures are a small way to show our deep appreciation for the educators who shape our communities every day.

Legislative Update: Many Education Bills Await Governor's Signature

This week, the Arizona Legislature continued to roll after the end of the moratorium, advancing several education-focused bills addressing topics from water safety education to school improvement initiatives. These measures, now pending Governor Hobbs' approval, could soon impact students, families, and schools across the state. Below are the bills that made it to the Governor’s desk, and what they would do if they ultimately became law.

If signed into law, HB 2019 would require the Arizona Department of Education to compile and post on its website information about how water safety education and swimming lessons save lives, along with a list of local certified providers—some of which offer free or discounted lessons. Beginning in the 2025–2026 school year, every district and charter school would be required to share this information with parents to promote awareness and access to resources that reduce the risk of drowning. The intent is to do so through age-appropriate water safety education.

If signed into law, HB 2074 would significantly enhance school safety by mandating that school districts and charter schools with officers on campus provide specialized training for these officers on how to effectively interact with children with disabilities. It would also expand the scope of the School Safety Program to cover costs related to safety technology, officer training, and campus infrastructure improvements. Schools would be required to develop comprehensive safety plans, including sharing school building blueprints with local emergency services, and ensuring officers are trained in civil rights, adolescent mental health issues, and the Family Educational Rights and Privacy Act. Additionally, schools would need to conduct safety assessments every five years, and the Department of Education would have the authority to prioritize funding for proposals that include shared costs with law enforcement agencies or courts. This bill also includes strict guidelines to ensure the confidentiality of safety plans and provides new requirements for school resource officers and school safety officers.

If signed into law, SB 1256 would prohibit the use of diversity, equity, and inclusion (DEI) programs for hiring, training, or promotion purposes by the state or any of its agencies, boards, commissions, or departments. It would also prevent the state from requiring employees to participate in DEI programs or using participation in such programs as a condition for contracts. The bill mandates that the Department of Administration monitor hiring practices to ensure compliance with these restrictions. Furthermore, it defines a "diversity, equity, and inclusion program" as any program that mandates participation in activities aimed at justifying differential treatment based on sex, color, gender, ethnicity, gender identity, or sexual orientation.

If signed into law, SB 1358 would grant charter school representatives, governing body members, and certain officers or partners of a charter holder with extensive authority and access to charter school operations. This includes access to student records and campuses, along with the ability to make final decisions regarding student learning and campus safety. The bill also defines key terms, such as "charter representative," "charter school governing body member," and "officer, director, member, or partner of a charter holder," clarifying the scope of individuals who hold decision-making authority and oversight in charter schools.

If signed into law, SB 1440 would update legal language by replacing "epinephrine auto-injectors" with "epinephrine delivery system," broadening the definition to include any FDA-approved, single-use device or product containing a premeasured dose of epinephrine used to treat life-threatening allergic reactions. The bill would also allow first responders trained in administering epinephrine injections to administer an epinephrine delivery system to individuals they reasonably believe are experiencing anaphylaxis, pursuant to a standing order. Additionally, it includes technical corrections to the relevant statutes.

If signed into law, SB 1472 would allow existing override authorizations from former high school and common school districts to continue until expiration, based on the revenue control limit of those districts. The bill would permit unified school districts to request new override authorizations based on the combined revenue control limit of the new district, replacing any existing overrides if approved. It would establish a process for holding elections when proposed budgets exceed the budget limit, requiring voters to affirm or reject the budget by majority vote. The bill would limit the maximum budget increase that can be requested and authorized, depending on the type of override. It would require school districts to submit proposed budgets electronically, including specific data on enrollment projections for the next three years. Additionally, it would create provisions for correcting errors in state aid or budget limits, establish guidelines for Title VIII administrative costs, and include technical corrections for effective implementation.

If signed into law, SB 1502 would expand the literacy endorsement requirement for certificated teachers by specifying that it applies to kindergarten programs and grades one through five, replacing the previous language of "a qualifying grade level." The bill would remove the start dates for when instruction must meet dyslexia training requirements and when the state board of education must mandate that educator preparation programs include courses necessary for obtaining a literacy endorsement. It would eliminate the definition of "qualifying grade level" from the Arizona Revised Statutes. Additionally, the bill would define "curriculum" to include any curriculum used for reading instruction for children with disabilities or English language learners.

If signed into law, SB 1505 would require teachers certified in educating blind and visually impaired students to demonstrate competence in braille by successfully completing either a national certification in unified English braille or a comparable braille test from a university-level teacher preparation program. The bill would define "braille" as the unified English braille code for the purposes of section 15-214 of the Arizona Revised Statutes. It would also prohibit the state board of education from requiring teachers who completed a university-level teacher preparation or bachelor's degree program before July 2016 to demonstrate braille competency until January 1, 2028. Technical corrections to the relevant statutes would be included.

If signed into law, SB 1659 would allow the highest-ranking official of a school or school district to request information from the State Board of Education regarding allegations of misconduct by a certificated or noncertificated person who resigned or separated from employment before the Board completed its investigation or disciplinary determination. The bill would require the State Board of Education to provide the requested information, if available, after verifying the identity of the official or their designee; but would allow the Board to withhold or delay disclosure if it determines that doing so is necessary to avoid impeding an ongoing investigation. Technical corrections to the relevant statutes would be included.

If signed into law, SB 1689 would require a county school superintendent to notify the Arizona Department of Education in writing within two business days if they determine that a school district has committed an overexpenditure. The bill would also require the Department of Education to notify the county school superintendent and take appropriate action under existing law if it independently finds that a school district has exceeded its general or capital budget limits without prior notice. It would authorize county school superintendents to review the finances and operations of any district within their county. Additionally, it would prohibit issuing warrants for expenditures that are not budgeted or that exceed the budget unless the Department of Education verifies available capacity or the board of supervisors approves the expense.

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