Key Points:

• Educators could face legal action if they are accused of antisemitism in the classroom

• Supporters say the bill is in response to an increase in antisemitic incidents

• Opponents argue the legislation does nothing to address antisemitism and could lead to further teacher attrition

A bill that would allow lawsuits against teachers accused of teaching or promoting antisemitism is one step closer to becoming law after passing the Senate on May 28.

House Bill 2867 would prohibit teachers and faculty members from teaching or promoting antisemitic content, and restrict school districts, colleges and universities from requiring the content to be taught to students.

The measure would also allow individuals to sue teachers and professors if they suspect the educator was promoting antisemitism in the classroom.

Rep. Michael Way, R-Queen Creek, previously said he introduced the bill in response to a series of allegedly antisemitic incidents following the October 2023 attack on Israel by Hamas that left more than 1,000 dead, according to Capitol Media Services. Way targeted the University of Arizona, Arizona State University and public schools for promoting antisemitic ideas and propaganda.

Democrats and other groups have criticized the bill for allowing teachers to face legal action and punishing educators for speaking against Israel and supporting Palestine.

The Arizona Education Association joined a coalition of other labor unions and community organizations in sending a letter earlier this month to Gov. Katie Hobbs and members of the Legislature to express concern that the bill could lead to more teachers quitting, while doing nothing to address antisemitism.

“Under the guise of protecting students, House Bill 2867 establishes an unprecedented legal framework that strips Arizona public school educators of professional liability protections if they face accusations of antisemitism,” the letter states. “The bill will make individual educators responsible for the full cost of their own legal defense, including in cases where they face false accusations. In a state where salaries are already too low, this bill will create a powerful disincentive to teach in Arizona.”

The letter also said the bill doesn’t address claims of racism, sexism, bias against Latter-day Saints, Islamophobia, or other forms of bigotry.

Democrats echoed those concerns on May 28 during the Senate Committee of the Whole and third read hearings.

“It is part of a broader effort to falsely and slanderously associate advocating for Palestinian human rights with antisemitism, which is a dangerous and offensive conflation,” said Sen. Analise Ortiz, D-Phoenix.

Sen. Mitzi Epstein, D-Tempe, agreed with other Democrats that the bill was flawed, saying schools should encourage students to learn about different cultures.

“It is far more effective to teach understanding of other cultures than to try to punish prejudice,” Epstein said.

Epstein introduced a separate amendment that would have added other groups that could be targeted for discrimination, removed the ability to file a lawsuit against a teacher, and added private schools to the institutions covered in the bill.

However, Republicans rejected Epstein’s proposal.

The Republicans approved an amendment introduced by Sen. J.D. Mesnard, R-Chandler, that featured several changes, including specifying that the bill referred to actions in the classroom instead of merely someone’s speech and allowing someone to report an alleged violation to a high-ranking school official instead of the Arizona Department of Education.

Republicans remained staunch in their support of the legislation during the Senate floor hearings.

“It seems to me that some people don’t even want to admit that it exists, and it does exist,” said Sen. Hildy Angius, R-Bullhead City. “And it’s getting worse and worse and worse.”

Sen. John Kavanagh, R-Fountain Hills, read from the International Holocaust Remembrance Alliance’s examples of antisemitism when explaining his support of the bill. Epstein called a point of order during Kavanagh’s testimony, which Senate President Pro Tempore T.J. Shope, R-Coolidge, ruled against and Republicans voted to uphold the ruling.

Epstein then spoke during Kavanagh’s speech and was warned by Shope that she would have to leave the floor if she did it again.

Kavanagh continued his testimony after the interruption.

“Given that everybody agrees with the definition of antisemitism that this bill contains, I would certainly hope that members will change their votes and support this bill,” he said.