The proposed bill would amend current statutes by adding a new section, 15-120.08, to the Arizona Revised Statutes, which would establish a cause of action for students or their parents against public schools. This action would be permissible if the student suffers serious physical injury due to bullying, the school or its employees received prior reports of bullying against the student, and the school failed to address the bullying after receiving such reports. The bill also specifies that the school employees include those indirectly employed through third-party contractors.
Additionally, the bill allows courts to award reasonable attorney fees, expenses, and damages to claimants who prevail in these actions. It defines "prior report" to include both written or verbal reports made to school employees and personal observations by school employees of conduct they believe constitutes bullying. Overall, these changes aim to enhance accountability for public schools in addressing bullying incidents.
Statutes affected: Introduced Version: 15-120.08
Senate Engrossed Version: 15-120.08