Arizona

State Constitutional Rights to Education 

"The legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system, which shall include:

1. Kindergarten schools.

2. Common schools.

3. High schools.

4. Normal schools.

5. Industrial schools.

6. Universities, which shall include an agricultural college, a school of mines, and such other technical schools as may be essential, until such time as it may be deemed advisable to establish separate state institutions of such character.” (Ariz. Const. art. XI, § 1(A).) 

“The university and all other state educational institutions shall be open to students of both sexes, and the instruction furnished shall be as nearly free as possible. The legislature shall provide for a system of common schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years.” (Ariz. Const. art. XI, § 6.)

Case law interpreting Arizona’s right to education

Shofstall v. Hollins, 515 P.2d 590, 592 (Ariz. 1973) (“We hold that the [Arizona Constitution] does establish education as a fundamental right of pupils between the ages of six and twenty-one years.”).

Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, 877 P.2d 806, 816 (Ariz. 1994) (holding that Ariz. Const. art. XI, § 1 precludes the legislature from enacting laws relating to the financing of public education that creates substantial disparities among schools, communities, or districts).

Carpio v. Tucson High School District No. 1 of Pima County, 524 P.2d 948, 949 (Ariz. 1974) (holding that the phrase “as nearly free as possible” in the Ariz. Const. art. XI, § 6 does not require that textbooks and instruction be provided “without charge,” and therefore Arizona high schools need not provide free textbooks).

Statute of limitations for filing state civil/human rights claims 

Action Against Public Entity or Public Employee

Under A.R.S. § 12-821, “[a]ll actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.” This statute of limitations applies to lawsuits against school districts and their employees. Id. Under A.R.S. § 12-821.01, a plaintiff must also file a notice of claim, which includes supporting facts and a specific amount to settle the claim within 180 days. (See A.R.S. 12-821.01(A); see also Arizona Education Association, Deadlines for Legal Actions, revised Sept. 1, 2021, https://www.arizonaea.org/sites/aea/files/2021-11/Legal%20Deadlines.pdf (last visited July 20, 2025).

Arizona Civil Rights Act (the “ACRA”) - generally NOT been applicable in Education Civil Rights Cases. May be used in employment discrimination  cases in schools. 

ACRA does not provide a mechanism for suing on the basis of a civil rights violation in the context of K-12 education. However, suits arising from “employment discrimination based on race, color, religion, national origin, sex, genetic testing, age (40+), or disability [must be filed] within 180 days … with the Arizona Civil Rights Division of the Attorney General’s Office.”  (A.R.S. § 41-1481.)

State vs. federal constitutional protections

• Equal Privileges & Immunities

  • Arizona Constitution: Ariz. Const. art. II, § 13: Prohibits laws granting privileges or immunities unequally.

  • U.S. Constitution: U.S. Const. amend. XIV, § 1: Equal Protection Clause.

  • Notes: Both prohibit unequal treatment; AZ version is similar but can be interpreted more narrowly.

• Anti-Discrimination in Public Sectors

  • Arizona Constitution: Ariz. Const. art. II, § 36(A): Bans preferential treatment or discrimination based on race, sex, color, ethnicity, national origin in public employment, education, and contracting.

  • U.S. Constitution: No express constitutional provision; federal bans rely on 14th Amendment and Title VI/VII (statutory).

  • Notes: AZ provision is broader in scope (explicit categories, covers public contracting); but limited to public sector.

• Definition of State Actor

  • Arizona Constitution: Ariz. Const. art. II, § 36(F): “State” includes public universities, schools, cities, etc.

  • U.S. Constitution: Federal “state actor” doctrine limits application of 14th Amendment to government conduct.

  • Notes: Arizona explicitly defines covered entities; federal law applies more narrowly to state action only.

State constitutional protections regarding non-discrimination and equity

Under Ariz. Const. art. II, § 13, “[n]o law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.” (Ariz. Const. art. II, § 13)

Under Ariz. Const. art. II, § 36(A), the state of Arizona “shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.” (Ariz. Const. art. II, § 36(A))

Under Ariz. Const. Art. II § 36(F), the term “state” is defined broadly to include “this state, a city, town or county, a public university, including the University of Arizona, Arizona State University, and Northern Arizona University, a community college district, a school district, a special district or any other political subdivision in this state.” (See Ariz. Const. Art. II § 36(F) (emphasis added).)

Other relevant state constitutional civil rights protections

Freedom of Religious Practice

Ariz. Const. art. XX, § 1 provides for the “[p]erfect toleration of religious sentiment” and prohibits harassment based on religious practice. (See Ariz. Const. art. XX, § 1.)

Freedom of Speech 

“Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.”  (Ariz. Const. art. II, § 6.)

Right to Privacy

“No person shall be disturbed in his private affairs, or his

Anti-bullying and harassment statutes: Arizona requires every district and charter school to adopt anti-bullying policies under A.R.S. § 15‑341 and § 15‑153, and the Arizona Department of Education (ADE) provides guidance and sample policy elements.

District and charter school policies must contain the following elements:

• Definitions of harassment, intimidation, and bullying (since state law does not define them).

• Confidential reporting procedures for students, parents, and staff.

• Employee reporting requirements (staff must report suspected incidents in writing).

• Notification requirements for victims and their parents/guardians when a school official becomes aware of bullying.

• Documentation process for reported incidents, with records maintained for at least six years.

• Disciplinary consequences for students who commit bullying.

• Safeguards and supports for victims, including written copies of rights and protections.

• False report consequences to deter misuse of the system.

• Annual communication of the policy to students and families.

State law equivalents to Title VI of the Civil Rights Act of 1964:

Arizona does not have a state law equivalent to Title VI of the Civil Rights Act of 1964 that applies to K-12 education. (However, A.R.S. § 41-1463 prohibits discrimination in employment based on race, color, religion, sex, age, national origin, or disability.A.R.S. § 41-1463 (“It is an unlawful employment practice for an employer …  [t]o fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual … because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.”). This statute aligns with Title VI's prohibition of discrimination in federally funded programs. (See 42 U.S.C. § 2000d.))

A.R.S. § 41-1442 prohibits discrimination in places of public accommodation based on race, color, religion, sex, national origin, or ancestry. (A.R.S. § 41-1442(A)) Note that, unlike in other states, this provision regarding public accommodations does not enumerate public schools as a place of public accommodation. (See A.R.S. § 41-1441(2).) 

Arizona courts and the Attorney General’s Civil Rights Division have consistently treated schools as governed by education-specific civil rights statutes (ARS 15-341) rather than the public accommodations law (§ 41‑1441 et seq.). There are no published Arizona appellate cases applying the public accommodations statute to schools, and the AG’s Civil Rights Division’s own guidance lists examples of public accommodations (restaurants, hotels, theaters, medical offices, etc.) but does not include schools.

State Law equivalents to Title IX of the Education Amendments of 1972:

Arizona does not have a single statute that mirrors Title IX of the Education Amendments of 1972. However, the Arizona Department of Education has advised that “[s]tate agencies … shall comply with the requirements of … Title IX of the Education Amendments of 1972[.]” (Arizona Dep’t of Educ., Health & Nutrition Servs., Civil Rights, https://www.azed.gov/hns/civilrights (last visited July 21, 2025).) 

State equivalents to Section 504 of the Rehabilitation Act of 1973:

The Arizona Department of Education has also directed that “[s]tate agencies … shall comply with the requirements of …  Section 504 of the Rehabilitation Act of 1973[.]” Id. 

Ariz. Admin. Code § R7-2-401 incorporates the Individuals with Disabilities Education Act (“IDEA”). (Ariz. Admin. Code § R7-2-401(A) (“[T]he Individuals with Disabilities Education Improvement Act (IDEA), 20 U.S.C. 1400 et seq. and its implementing regulations, 34 CFR 300.1 et seq., are incorporated herein by reference.”).) Like Section 504, this regulation ensures access to free appropriate public education (“FAPE”) for students with disabilities. Ariz. Admin. Code § R7-2-401(M) (“The Department shall ensure through fund allocation, monitoring, dispute resolution, and technical assistance that all eligible students receive FAPE in conformance with the IDEA[.]”). 

State equivalents to Equal Educational Opportunities Act (“EEOA”):

A.R.S. § 15-910 permits school districts to budget for desegregation costs. (See generally A.R.S. § 15-910(G)-(K).)

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

Protection of religious expression 

“A public educational institution shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression.” (A.R.S. § 15-110(A).)

Multilingual learners 

Under A.R.S. § 15-756.01, “[t]he state board of education shall adopt and approve research-based models of structured English immersion.” A.R.S. § 15-756.01(A).) In addition, “[t]he state board of education shall adopt alternative English instruction.” (A.R.S. § 15-756.01(B).) The state board of education must ensure that the structured English immersion and alternative English instruction models adopted by the board are “aligned with [Arizona’s] English language proficiency standards” and “[i]clude oral and written language instruction.” (A.R.S. § 15-756.01(I)(1)-(2).)

Note that Proposition 203, enacted in 2000, mandates that all public-school students be taught primarily in English and requires that children that are English language learners (“ELLs”) be taught using structured English immersion (“SEI”). (American Immigration Council Staff, English-Only Education is on the Decline—But Arizona Holds Out, American Immigration Council (May 5, 2023), https://www.americanimmigrationcouncil.org/blog/english-only-education-arizona/.)

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

Enforcement Mechanisms and Remedies

Students in Arizona file civil rights complaints either through tier school district grievance processArizona does not provide a mechanism for the enforcement of civil rights in the context of K-12 education. However, it does in the employment context. Under A.R.S. § 41-1481, individuals who believe they have been subjected to unlawful discrimination can file a charge with the Arizona Civil Rights Division (“ACRD”). (See generally A.R.S. § 41-1481.) The Division then investigates the charge and attempts to resolve the matter through informal methods such as conciliation.  (A.R.S. § 41-1481(B).) If these efforts fail, the Division may bring a civil action against the respondent, including public entities such as school districts, to enforce compliance with anti-discrimination laws. (A.R.S. § 41-1481(B).) The remedies available under the statute include injunctive relief, reinstatement, hiring, back pay, and other equitable relief deemed appropriate by the court. (A.R.S. § 41-1481(E)-(G).)

Anti-discrimination protections under state human rights statutes

• Employment: A.R.S. § 41-1463 — Race, color, religion, sex, age, national origin, disability, and genetic testing

• Housing: A.R.S. § 41-1491.19 — Disability

• Public Accommodations: A.R.S. §§ 41-1492.02, 41-1442 — Disability (41-1492.02); plus race, color, religion, sex, national origin, and ancestry (41-1442)

• Healthcare: A.R.S. § 36-506 — Disability, mental illness bias

• Industry (appraisers): A.R.S. § 32-3634 — General non-discrimination requirement

Note that federal authority is a persuasive influence in interpreting Arizona statutes.

Arizona courts have recognized that federal civil rights statutes—particularly Title VII and 42 U.S.C. § 1981—are persuasive authority when interpreting the Arizona Civil Rights Act. (See, e.g., Timmons v. City of Tucson, 830 P.2d 871, 875 (Ariz. Ct. App. 1991) (“Title VII case law is persuasive in interpreting the Arizona statute.”); C.R. Div. of Arizona Dep't of L. v. Amphitheater Unified Sch. Dist. No. 10, 680 P.2d 517, 519 (Ariz. Ct. App. 1983) (“Since the Arizona Revised Statutes Annotated refer to federal precedents, and because Arizona is lacking in case precedent, it is appropriate to examine federal cases interpreting the Federal Civil Rights Act.”).) 

Private right of action provisions under state civil rights and human rights statutes

There is not any Arizona statute that expressly provides a private right of action for discrimination in public schools. However, A.R.S. § 41‑1481(D), which addresses employment discrimination claims, provides a private right of action. (A.R.S. § 41‑1481(D).) After the Civil Rights Division issues a “no-cause” finding, fails to file suit, or enters into conciliation within 90 days of a properly filed charge, the aggrieved person—or the person named in a division-filed charge—may bring a civil action themselves. Id.That lawsuit must be filed within one year of the charge filing. Id.

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

Arizona courts have not extensively addressed state anti-discrimination laws in the context of K-12 education. In Civil Rights Div. Of Arizona Dept. Of Law v. Amphitheater Unified Sch. Dist. No. 10, the Arizona Court of Appeals found disparate impact to be a valid theory of liability under A.R.S. § 41-1481(D) upon which to base a suit for employment discrimination. (680 P.2d 517, 519 (Ariz. Ct. App. 1983).)

parent/guardian, or both? In other words, who can bring a claim under this law? 

Because ACRA primarily addresses employment discrimination, it does not provide a cause of action for students alleging discrimination in educational services. ACRA’s scope is limited to protections for employees and applicants in the workplace, and it does not extend to student-based discrimination claims in public schools. (See generally A.R.S. § 41-1481.)

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

A.R.S. § 41-1464(A) explicitly forbids retaliation against individuals who oppose discriminatory practices in employment. (A.R.S. § 41-1464(A).) 

The Arizona Whistleblower Protection Act, codified at A.R.S. § 38-531 to § 38-534, provides legal protections for public employees who report wrongdoing by their employers. (See generally A.R.S. § 38-531 – 38-534.) 

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

Action Against Public Entity or Public Employee

Under A.R.S. § 12-821, any action against a public entity or public employee must be filed within one year. A.R.S. § 12-821. Additionally, under A.R.S. § 12-821.01, plaintiffs must file a notice of claim that includes supporting facts and a specific amount to settle the claim within 180 days. (Arizona Education Association, Deadlines for Legal Actions, revised Sept. 1, 2021, https://www.arizonaea.org/sites/aea/files/2021-11/Legal%20Deadlines.pdf (last visited July 20, 2025); see also A.R.S. § 41-1481.) 

Arizona Civil Rights Act (“ACRA”)

Arizona does not have any civil rights statutes that directly apply to K-12 education. However, any claim of “employment discrimination based on race, color, religion, national origin, sex, genetic testing, age (40+), or disability” must be submitted to the Arizona Civil Rights Division of the Attorney General’s Office within 180 days of the alleged occurrence of employment discrimination under, or within 90 days if the claimant is granted a right to sue letter.  Id.

Are there areas where the state laws provide more protections than federal law? What are those areas?

• Sexual Harassment

  • Arizona Statute: A.R.S. § 41-1463(B)(1); § 41-1461(4)

  • Federal Equivalent: Title VII (42 U.S.C. § 2000e)

  • How Arizona Law Is More Protective: Covers employers with 1+ employees, unlike Title VII’s 15+ threshold, expanding access to claims.

• Whistleblower

  • Arizona Statute: A.R.S. §§ 38-531 to 38-534

  • Federal Equivalent: WPA; 42 U.S.C. § 1983 (retaliation)

  • How Arizona Law Is More Protective: Protects public employees (e.g., school staff) reporting violations or abuse, regardless of federal ties.

• Religion

  • Arizona Statute: A.R.S. § 41-1463(B)(1); § 41-1461(4)

  • Federal Equivalent: Title VII

  • How Arizona Law Is More Protective: Same 1+ employee threshold as above allows for broader employer coverage in religious discrimination cases.

Constitutional Provisions 

In Valley Nat. Bank of Phoenix v. Glover, the Supreme Court of Arizona held that “[t]he equal protection clauses of the 14th Amendment and the state constitution have for all practical purposes the same effect.” (159 P.2d 292, 299 (Ariz. 1945).)  

• Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

No, there is no single standalone office or section that is dedicated to education or education-related civil rights issues. Instead, civil rights enforcement falls under the purview of the Civil Rights Division, which is tasked with enforcing the ACRA.

State Enforcement Agencies and Jurisdiction

• Arizona Department of Education

• Arizona State Board for Charter Schools

Arizona State Board for Charter Schools

Initiating Complaints

• Who is eligible to file (students, parents, advocates, others)?

  • Any individual may file a complaint. (Arizona State Board for Charter Schools, Complaints & Concerns, https://asbcs.az.gov/addressing-complaints-concerns (last visited August 5, 2025).) 

• Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

  • No. However, state guidance does suggest that issues and complaints be resolved first with the school or with the operator of the school. ( Id.)

• How to initiate the process (relevant websites, standard forms, submission locations)

  • To initiate the process, individuals must use the online complaint form available here.

• Can complaints be filed anonymously or confidentially?

  • No, they must include contact information.

• Are there language access requirements for complaint processes?

  • Complaint forms are only available in English.

• Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

  • None.

• Can complainants have advocates or legal representation?

  • There is no express prohibition against complainants retaining advocates or legal representation.

• Are complainants entitled to legal representation or other advocates to file or at any point in the process?

  • No.

Complaint Elements and Review

• What are the required elements of the civil rights claim?

  • There are no required elements of a claim filed with the Arizona State Board for Charter Schools. All applicable questions should be answered on this form. To file a claim with the Arizona State Board for Charter Schools, the individual must allege, with specificity that the charter holder is not in compliance with its charter, other contractual obligations to the Board, federal or state law, or other legal requirements; must include a statement of the facts on which the allegation or allegations of contractual or legal noncompliance is or are based; and include supporting evidence.

• Who reviews claims and what timeframes apply?

  • The Board’s staff will review the claims. (Ariz. Admin. Code. § R7-5-507(B).) 

• What type of investigation may occur?

  • The Board will review the complaint, the charter’s written response, and may “[c]onduct further investigation, including a site visit … [and] consult with another agency with expertise related to [the] complaint.” (Ariz. Admin. Code. § R7-5-507(B)(5)(a)-(b).)

• Who participates in investigations?

  • The Arizona State Board of Charter Schools, the complainant, and the charter holder. (See generally Ariz. Admin. Code. § R7-5-507) 

• Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

  • No.

• What privacy/confidentiality protections exist?

  • The complaint process is not confidential. (Arizona State Board for Charter Schools, Complaints & Concerns, https://asbcs.az.gov/addressing-complaints-concerns (last visited August 5, 2025) (“Complaints submitted to the Board ARE NOT anonymous.”).) 

• Are school districts required to publicly post civil rights complaint procedures?

  • Yes.

Resolution and Appeals

• What is the appeals process, if any?

  • None.

• Are remedies legally enforceable once a violation is found?

  • Yes, the Board can require charter holders to comply with the charter or law.

• Are there other administrative processes that must be exhausted before taking legal action?

  • Complainants are expected to attempt to resolve their issues with the school first.

• Do state agencies publish complaint outcome data?

  • No.

• What enforcement mechanisms exist for non-compliance?

  • Failure to comply may result in the revocation of a charter school’s charter by the Arizona Department of Education for non-compliance with “charter, federal or state law.” (Ariz. Admin. Code. § R7-5-607.)