This Week in Education Legislation: What’s Passed, What’s Paused, and What’s Next

Happy Friday! More education-related bills are making their way to the Governor’s desk, with several reaching key turning points this week. In a major development, Governor Hobbs announced a moratorium on signing new legislation until Republican lawmakers pass a supplemental funding bill for Arizonans with disabilities. As always, ASBA is keeping you up to date on the latest movement in education policy—read on to see what’s happened to some of the session’s most impactful bills.

The Governor Vetoes 3 House Bills

Governor Hobbs this week vetoed three bills that addressed immunization disclosure and definitions of sex-based terms in state law. The first bill, HB 2058, would have required higher education institutions to notify prospective students of the requirement and exemption of immunizations for students. HB 2058 also outlines what would be an acceptable exemption from immunization requirements along with the necessary documentation that would need to be submitted to the college or university. In her veto statement, the Governor called the bill unnecessary, arguing that existing university and community college policies already provide sufficient clarity.

The second bill, HB 2062, proposed legally codifying definitions for terms such as “male,” “female,” “mother,” and “father” based on biological sex assigned at birth. It allowed for sex-separated spaces and directed government entities to use binary sex categories in data collection when required by law. While proponents argued it would ensure clarity and consistency in state law, the Governor vetoed the bill, stating that it would not reduce costs, expand opportunities, or enhance freedom for Arizonans. In her veto statement, she also encouraged lawmakers to focus instead on “the real issues that matter and impact people’s daily lives.”

The third vetoed measure, HB 2063, would have required public schools to include information about immunization exemptions in any communications with parents or guardians. The bill intended to increase transparency, but the Governor argued the bill was redundant and that the same information is already widely accessible for those seeking it.

Healthy Nutrition in Schools Bill and Cell-Phone Use in Class Bill are Signed

The Governor signed two key pieces of legislation this week. The first bill signed was HB 2164, the Arizona Healthy Schools Act, which prohibits public schools participating in federally funded meal programs from serving or selling ultraprocessed foods during the school day starting in the 2026–2027 school year. Championed by RFK Jr. in his visit to the Legislature last week, the law also blocks third parties from selling such foods on campus while allowing parents to send them with their children. To support compliance, the Department of Education must provide a standardized certification form and publish a list of schools meeting the requirements. By targeting additives like artificial dyes and chemical preservatives, the law aims to improve student health and nutrition, combating childhood obesity and promoting wellness through access to minimally processed food.

Governor Hobbs also signed HB 2484, requiring school districts and charter schools to adopt policies regulating student internet use and wireless devices during the school day. These rules must restrict access to social media while allowing teacher-approved exceptions for educational purposes and ensure students can use devices during emergencies or for medical reasons. The law further mandates clear communication procedures between students and parents and requires schools to share these policies with families at the start of each academic year. This effort seeks to promote a more focused learning environment while balancing safety, health, and communication needs for Arizona students.

The Legislature Passes a Flurry of Bills

There are still many bills that remain for the Governor to act upon. Here are the education-related bills that have been passed by the legislature so far and will be headed to Governor Hobbs:

If signed into law, HB 2169 would require school district governing boards and their subcommittees to hold all meetings within the boundaries of the school district, eliminating the current flexibility to meet at any public facility deemed convenient. It would also increase transparency by mandating that meeting materials, including supplemental documents, be posted online and remain accessible to the public for at least five years. Larger districts with over 5,000 students would need to livestream board meetings and keep video recordings available online for the same five-year period. The bill would further outline how out-of-state travel must be approved, requiring governing boards to identify each traveler, provide detailed cost estimates, and justify the educational purpose of the trip in a public meeting. Additional provisions would reinforce existing board authority over student discipline, program organization, and special schooling opportunities during vacation periods.

If signed into law, HB 2375 would require school districts to respond more promptly to evaluation requests for students with disabilities submitted during the summer months. Specifically, districts would have fifteen calendar days to either initiate an evaluation or provide written justification for not conducting one, if the request is submitted between May 1 and August 15. This would help ensure continuity of services and uphold timelines under the Individuals with Disabilities Education Act, even when school is not in regular session.

If signed into law, HB 2514 would impose new requirements on school districts regarding the disclosure of student directory information. The bill would mandate that schools adopt a policy ensuring parents receive information about directory information practices annually, either electronically or in print. Schools would also have to notify parents or eligible students about their right to opt out of designating any information as directory information, with a specified timeframe to submit written notices. Additionally, the bill would prohibit the disclosure of students' addresses, phone numbers, or email addresses without written consent, unless a parent or eligible student has not opted out and the information is used for educational or school business purposes.

If signed into law, HB 2640 would grant charter schools or their charter authorizers the right of first refusal to purchase a district-owned building if the district decides to sell it, provided the charter school is the most recent lessee or the lessee of a vacant building. While the law would not require school districts to sell or lease the property to a charter or private school, it would prevent a district from withdrawing a property from sale or lease solely because a charter or private school is the highest bidder or exercises its right of first refusal. The bill would also outline the conditions for terminating or renewing leases, ensuring that building owners provide a rationale for any lease increases and that school districts hold public hearings with opportunities for community input before nonrenewal or termination. Additionally, the bill would clarify exceptions to certain restrictions on the proceeds from leasing or selling school properties. This law would also apply retroactively, beginning from January 1, 2025.

If signed into law, HB 2814 would establish guidelines for the handling and appropriation of noncustodial federal monies, defining the types of federal funds that fall under this category and clarifying which funds are excluded. It would require budget units that receive these funds to maintain separate accounts or funds to meet accounting and auditing requirements, while also allowing the Department of Administration to use the most efficient systems for record-keeping. The bill would preserve the legislature’s authority to appropriate these funds and ensure that any unanticipated federal funds are submitted for review before expenditure. If the amount of noncustodial federal funds is less than the appropriated amount, the bill would reduce funding and related activities proportionally. Conversely, if more funds are received, the total state appropriation would remain unchanged, with excess funds credited to the appropriate budget unit account. This bill would go into effect on December 31, 2026.

If signed into law, SB 1106 would exempt public entities from liability for losses directly caused by a public employee's criminal felony, unless the public entity knew of the employee’s propensity for such actions. The exemption would not apply to acts involving the operation of a motor vehicle or to sexual offenses involving minors or children with disabilities, particularly when the public entity failed to fulfill statutory duties related to employee background checks or reporting obligations. The bill would apply only to sexual offenses committed after its effective date and would establish a new exemption under Section 12-820.05, Arizona Revised Statutes, which would take effect on December 31, 2027. The law would be known as "Ava's Law." For those interested, this particular bill also happens to be one of the only pieces of legislation sponsored by a Democrat that has advanced out of the Legislature this session.

SB 1454 establishes a new certification process for individuals with subject-matter expertise to obtain a standard teaching certificate, allowing them to teach in their area of specialization in kindergarten through grade twelve at any public school in Arizona. This certification is aimed at individuals holding a baccalaureate degree and meeting certain criteria, such as demonstrating proficiency in grade-level content through standardized assessments or fulfilling alternative methods attested by school principals. Those certified under this provision who teach literacy in kindergarten through grade five are required to obtain a literacy endorsement. The bill clarifies that individuals with other types of teaching certificates are not required to obtain this specific certification to teach. While SB 1454 seeks to broaden the pool of educators by recognizing specialized expertise, it also places emphasis on professional development and assessment, ensuring that those certified maintain high teaching standards.

SB 1584 prohibits the state and political subdivisions from hiring employees based on factors other than merit, such as race, ethnicity, sex, or national origin, except in accordance with state and federal antidiscrimination laws. The bill ensures that hiring practices remain color-blind and race-neutral while clarifying that state and federal laws prohibiting discriminatory practices still apply. It allows the attorney general, county attorney, or any other person to seek legal relief, including declaratory relief, injunctive relief, or damages for violations of the law. Additionally, the prevailing party in an action against the state or political subdivisions is entitled to costs and reasonable attorney fees. The bill defines merit as an employee’s qualifications, skills, knowledge, experience, and demonstrated ability to perform essential job duties, with objective criteria like education, training, work history, job performance, and relevant assessments determining this.

IMPORTANT CONTEXT: This next bill, SB 1441, is strongly opposed by the Arizona School Boards Association. Please read on to understand ASBA’s perspective on the bill. SB 1441 seeks to introduce partisan elections for school district governing boards, requiring county school superintendents to include candidates' names on the ballot with party affiliations. This bill, while it may appear to align with broader political trends, poses significant concerns for Arizona's educational system. Partisan elections could shift the focus of school boards from educational outcomes to political agendas, potentially leading board members to prioritize their party’s platform over the needs of local communities and students. Such a shift risks undermining the local representation of diverse constituents, as party labels could create barriers between board members and the communities they serve. The move to partisan elections may also limit the diversity of candidates willing to run for school boards, particularly those who do not wish to align with a political party, such as educators and other education professionals. Education policy issues, often complex and requiring local flexibility, are rarely aligned with partisan positions. Introducing partisan politics into school boards could inject unnecessary divisions into governance, distracting from the primary focus of improving educational outcomes. Historically, nonpartisan school boards have allowed for continuity and decision-making free from political pressures, benefiting students and communities alike. With these concerns in mind, it is crucial to reconsider the implications of SB 1441 and its potential to erode the effectiveness and unity of Arizona’s educational leadership.

A Possibly Longer Session: Governor Hobbs’ Legislative Moratorium

On April 17, Governor Hobbs announced a moratorium on signing new legislation until Republican lawmakers pass a bipartisan supplemental funding bill to support services for Arizonans with disabilities.

The pause applies to any bill not yet transmitted to her office. Hobbs criticized what she called “political theater,” accusing some lawmakers of holding critical disability services hostage. She called the situation “unacceptable” and reaffirmed her commitment to protecting the nearly 60,000 Arizonans who rely on the Division of Developmental Disabilities.

While she will act on already-transmitted bills, Hobbs emphasized that until a serious funding solution is reached, legislative business will not return to normal. She also signaled a willingness to negotiate and explore alternative funding sources to preserve essential services.