House holds bill to restrict school comment on elections

A bill that would restrict school officials' ability to comment on political issues, including elections and legislation, was put on hold Tuesday as opposition to the measure continued to grow.

"It is perceived by my parents at the seven school districts in my legislative district as a gag order," Rep. Kate Brophy McGee, R-Phoenix, said of Senate Bill 1172.

"And whether it is or isn't, it has that feeling or that look, and that's how it's being perceived."

School employees are already prohibited from using school resources to advocate for issues such as override elections, and this bill would add e-mails from school accounts to that ban. School employees who violate the ban could face a fine of up to $5,000.

The bill's sponsor, Sen. Kimberly Yee, R-Phoenix, said in a letter to a constituent that the bill doesn't prevent educators from sharing "factual information in a neutral manner. ... However, advocating for or against a measure on an election ballot is, indeed, political activity and that is prohibited if using school resources paid for by taxpayer dollars."

An amendment by Rep. Anthony Kern, R-Glendale, added e-mails to the prohibition against political speech.

The potential for a $5,000 fine is a major sticking point for the Arizona School Boards Association, said Heidi Vega, the group's director of communications. "We see it as a bully effort by the Legislature," she said.

The proposed legislation comes weeks after Mesa Public Schools Superintendent Michael Cowan made automated calls to 38,624 homes and followed up with an e-mail urging residents to contact their political leaders to object to Gov. Doug Ducey's proposed budget. The calls were made using the district's mass-communication system, which is publicly funded and used to inform parents about everything from testing dates to campus flooding.

American Encore, a political non-profit that helped get Ducey elected, responded with robocalls critical of Cowan. Sean Noble, the group's executive director, said at the time that the group could target other superintendents who expressed concern about the budget.

Brophy McGee called the bill's timing unfortunate.

"We just adopted a budget that is perceived by many as punitive to public schools and there didn't seem to be a conversation ... around the budget, even with local school boards ... with superintendents, about what may or may not be appropriate in communicating about budget impacts," she said.

"In that sense, it's better in my opinion to address a problem when there's not so much going on," she said.

Yee said Tuesday that bill is meant to prevent private student data from being shared with independent political action committees. She said the bill was conceived last year and was not a response to Cowan's message.

The Arizona School Boards Association criticized the bill for putting educators in the difficult position of having todifferentiate between advocacy messages and informational messages.

Jaime Molera, a lobbyist and former state schools superintendent, said the legislation, coupled with engagement by American Encore and other political non-profits, could have a chilling effect on all public officials.