Become part of the movement for unbiased, accessible election information. Donate today.
School board authority in Arizona

Education Policy | |
---|---|
![]() | |
Education policy topics | |
• Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
| |
Other policy areas | |
Click here for coverage of other policy areas on Ballotpedia |
Arizona state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Arizona law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Arizona law on school boards' authority over district policy
- Constraints on Arizona school boards' authority, including on the following topics:
- Teacher collective bargaining agreements
- Parents' Bill of Rights
- How does Arizona compare to other states?
- Noteworthy news and events
School board authority over district policy in Arizona
Enabling or authorizing statute for the boards of school districts in Arizona
- See also: Enabling statute
Arizona Statutes Title 15, Chapter 4 - 421, creates school boards to govern school districts:[1]
|
Arizona Statutes Title 15, Chapter 1 - 101, defines a governing board as a board for the government and management of a school district:[3]
|
Arizona school boards' powers and duties
Arizona public school boards of directors are given a list of 46 specific powers and duties to administer public schools in the state, with the first duty charging the boards with prescribing "policies and procedures to govern the schools," but requires the policies to be consistent with existing state statutes and regulations issued by the Arizona State Board of Education, according to Ariz. Rev. Stat. § 15-341. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include
- setting curriculum requirements;
- student discipline policies; and
- certain parental notification requirements.
The list of duties of school district boards are charged with appears in Ariz. Rev. Stat. § 15-341 as of 2024 and are as follows:[4]
|
Discretionary powers
In addition to the 46 powers and duties school boards are charged with, Ariz. Rev. Stat. § 15-342 lists 39 discretionary powers they are authorized, but not required, to exercise.[5]
These discretionary powers include the option to
|
|
The full list of discretionary powers state law gives to school boards in Ariz. Rev. Stat. § 15-342 as of 2024 are below:[6]
|
Constraints on Arizona school boards' authority
This section tracks constraints on school boards specific to Arizona as of September 2024. It features constraints on school boards' authority by topic, through collective bargaining agreements, and through Parents' Bills of Rights.
Constraints on Arizona school boards' authority by topic
This section features constraints on school boards' authority on policies related to the following topics:
Curriculum requirements
Arizona requires the following specific curricular topics to be included in the state's content standards:
- Mental health[7]
- State and federal constitutions[8]
- American institutions and history of Arizona
- Holocaust and other genocide instruction[9]
- 9/11 instruction[10]
- Instruction on the laws relating to sexual conduct with a minor for pupils in grades 7-12[11]
- The original intent of the founding documents and principles of the United States as found in source documents[12]
- The civic-minded expectations of an upright and desirable citizenry that recognizes and accepts responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution[13]
- CPR[14]
Curriculum restrictions
Arizona law prohibits instruction in public schools that teaches the superiority of one race, ethnic group, or sex above others. This includes the following topics listed in Arizona law:[15]
|
Arizona law also prohibits sex education before the fifth grade:[16]
|
Book bans, removals, and restrictions
Arizona school boards have the authority to acquire books for the school and to remove books. Arizona school boards must exclude books of what the bill calls sectarian, partisan, or denominational character:[18]
|
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly, but cannot impose religious creeds or "permanently the student’s ability to investigate matters that
arise in the natural course of intellectual inquiry,” according to the opinion.[19][20]
Parental notification
Arizona requires parental notification in the following circumstances:
- If the school district offers sex education curriculum[22]
- If the school district offers Instruction, learning materials, or presentations regarding sexuality in courses other than sex education[23]
- If their child is suspected of involvement in a crime[24]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[25]
Discipline
Arizona is one of 47 states that gives school boards authority over district disciplinary policy.
The text of AZ Statutes §15-341 is as follows:[26]
|
Arizona Revised Statute §15-153 provides school boards with the authority to prescribe policies regarding crime on campus:[27]
|
School board elections
- See also: Rules governing school board election dates and timing in Arizona, How does Arizona compare to other states on school board authority over election timing?
Arizona is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Arizona.
Public school choice and open enrollment
- See also: School choice in Arizona
Arizona state law requires school boards to develop policies to implement school choice in their district, subject to the guidelines in Arizona law that mandate school choice, according to Ariz. Rev. Stat. § 15-816.01:[29]
|
Charter schools
- See also: Charter schools in Arizona, How does Arizona compare to other states on school board authority over charter schools?
Arizona is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.
Those who sponsor charters include the Arizona State Board of Education, the Arizona State Board for Charter Schools, a university under the jurisdiction of the Arizona Board of Regents, a community college district, or a group of community college districts. Sponsors are prohibited from granting a charter to a school district governing board for a new charter school or converting an existing district public school to a charter school:[30]
|
Cellphone bans
Arizona is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Arizona Governor Katie Hobbs (D) signed Arizona House Bill 2484 on April 14, 2025, which requires public school districts and charter schools to adopt policies that limit student access to cell phones, with certain exceptions.[31]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[32][33]
Arizona school boards are not legally allowed to engage in collective bargaining agreements with school employees, according to the National Council on Teacher Quality.[34]
The National Council on Teacher Quality reported that no state law or regulations exist on this topic, though former Arizona Attorney General Terry Goddard held that while public employers may meet with representatives of public employees and enter into memoranda of understanding, the final decision on the topics discussed rests with the employer, as of January 2019:[35]
|
Parents' Bill of Rights
Arizona is one of 26 states that has a Parents' Bill of Rights.
The statute guarantees parents the rights, among others, to
- direct the education of their child;
- access all records relating to their child; and
- to direct the moral or religious training of their child.
The full text is as follows:[36]
|
How does Arizona compare to other states?
This section compares Arizona's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-three (23) states have no laws regulating the curation of school library books. Twenty-seven (27) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Eleven states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Nine states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[37]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Arizona Governor vetoes bill prohibiting instruction advancing antisemitism or antisemitic actions (2025): Arizona Governor Katie Hobbs (D) vetoed House Bill (HB) 2867 on June 10, 2025, which proposed prohibiting antisemitic instruction or actions in K-12 public schools. Hobbs argued that the bill wasn't about antisemitism and placed what she called an unacceptable level of personal liability on public school educators and staff, opening them up to what she called threats of personally costly lawsuits.[38]
- Arizona superintendent criticizes CRT professional development materials for teachers (2023): Arizona Superintendent of Public Instruction Tom Horne (R), in a June 8, 2023, press conference, criticized teacher instruction materials in Mesa. Horne argued against a passage contained in the materials, which stated that "black and Indigenous people of color are most vulnerable due to living under a system of white supremacy,” saying the United States did not promote systems of white supremacy and argued that the passage demonstrated a “typical critical race theory statement.”[39]
- Arizona lawmakers advance constitutional amendment to prohibit critical race theory in schools (2022): The Arizona House of Representatives on February 17, 2022, approved House Concurrent Resolution 2001 (HCR 2001), which aimed to prohibit the instruction of critical race theory in the state's public schools. The Arizona State Senate did not vote on the resolution before adjourning. The legislatively referred constitutional amendment was not on the November 8, 2022, ballot because it did not receive a simple majority vote in both chambers of the state legislature.[40]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
- Support our work
Footnotes
- ↑ AZ Legislature, "15-421. Governing boards; members; qualifications; prohibitions; candidate statements; definitions," October 1, 2024
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ AZ Legislature, "15-101. Definitions," October 1, 2024
- ↑ CaseText.com, "Section 15-341 - General powers and duties; immunity; delegation," September 19, 2024
- ↑ Casetext.com, "Section 15-342 - Discretionary powers," September 26, 2024
- ↑ Casetext.com, "Section 15-342 - Discretionary powers," September 26, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-701.03 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-710 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-701.02 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-710.02 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-711 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-718 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-718 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-718.01 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-717.02 (2023)," September 19, 2024
- ↑ Law.Justia.com, "AZ Rev Stat § 15-711 (2023)," September 19, 2024
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Casetext.com, "Ariz. Rev. Stat. Section 15-341 - General powers and duties; immunity; delegation," September 19, 2024
- ↑ Cite error: Invalid
<ref>
tag; no text was provided for refs namededlawcenter
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ FindLaw.com, "Arizona Revised Statutes Title 15. Education § 15-102. Parental involvement in the school; definition," September 20, 2024
- ↑ FindLaw.com, "Arizona Revised Statutes Title 15. Education § 15-102. Parental involvement in the school; definition," September 20, 2024
- ↑ AZ Legislature, "Arizona Revised Statute §15-153," September 20, 2024
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
- ↑ AZ Legislature, "15-341. General powers and duties; immunity; delegation," September 20, 2024
- ↑ AZ Legislature, "15-153. Crime reporting; policies and procedures; notification; discipline," September 20, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Casetext.com, "Section 15-816.01 - (Effective 9/14/2024) Open enrollment policies; preference; selection process; transportation; reporting requirements; public awareness effort," September 20, 2024
- ↑ Casetext.com, "Section 15-183 - Charter schools; application; requirements; immunity; exemptions; renewal of application; reprisal; fee; funds; annual reports," September 20, 2024
- ↑ Fox 10 Phoenix, "Arizona Gov. Katie Hobbs signs classroom phone ban bill," accessed April 16, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ National Council on Teacher Quality, "Collective Bargaining Laws," September 23, 2024
- ↑ AZ Attorney General Opinions, "County Meet-and-Confer Ordinances," September 23, 2024
- ↑ FindLaw, "Arizona Revised Statutes Title 1. General Provisions § 1-602. Parents' bill of rights; definition," September 23, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ WHEC - News 10, "Arizona governor vetoes bill banning teaching antisemitism, calls it an attack on educators," accessed June 25, 2025
- ↑ Arizona's Family, "Arizona superintendent claims critical race theory is being taught to teachers," accessed June 17, 2023
- ↑ Arizona Legislature, "Bill History for HCR2001," accessed October 25, 2023