A.R.S. § 15-341 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 341
15-341 General powers and duties; immunity; delegation
Status: in_force

15-341. General powers and duties; immunity; delegation

A. Each school district governing board shall:

1. Prescribe and enforce policies and procedures to govern the schools that are not inconsistent with the laws or rules prescribed by the state board of education.

2. Exclude from schools all books, publications, papers or audiovisual materials of a sectarian, partisan or denominational character.  This paragraph does not prohibit the elective course allowed by section 15-717.01.

3. Manage and control the school property within its district, except that a district may enter into a partnership with an entity, including a charter school, another school district or a military base, to operate a school or offer educational services in a district building, including at a vacant or partially used building, or in any building on the entity's property pursuant to a written agreement between the parties.

4. Acquire school furniture, apparatus, equipment, library books and supplies for the schools to use.

5. Prescribe the curricula and criteria for the promotion and graduation of pupils as provided in sections 15-701 and 15-701.01.

6. Furnish, repair and insure, at full insurable value, the school property of the district.

7. Construct school buildings on approval by a vote of the district electors.

8. In the name of the district, convey property belonging to the district and sold by the board.

9. Purchase school sites when authorized by a vote of the district at an election conducted as nearly as practicable in the same manner as the election provided in section 15-481 and held on a date prescribed in section 15-491, subsection E, but such authorization shall not necessarily specify the site to be purchased and such authorization shall not be necessary to exchange unimproved property as provided in section 15-342, paragraph 23.

10. Construct, improve and furnish buildings used for school purposes when such buildings or premises are leased from the national park service.

11. Purchase school sites or construct, improve and furnish school buildings from the proceeds of the sale of school property only on approval by a vote of the district electors.

12. Hold pupils to strict account for disorderly conduct on school property.

13. Discipline students for disorderly conduct on the way to and from school.

14. Except as provided in section 15-1224, deposit all monies received by the district as gifts, grants and devises with the county treasurer who shall credit the deposits as designated in the uniform system of financial records.  If not inconsistent with the terms of the gifts, grants and devises given, any balance remaining after expenditures for the intended purpose of the monies have been made shall be used to reduce school district taxes for the budget year, except that in the case of accommodation schools the county treasurer shall carry the balance forward for use by the county school superintendent for accommodation schools for the budget year.

15. Provide that, if a parent or legal guardian chooses not to accept a decision of the teacher as provided in paragraph 42 of this subsection, the parent or legal guardian may request in writing that the governing board review the teacher's decision. This paragraph does not release school districts from any liability relating to a child's promotion or retention.

16. Provide for adequate supervision over pupils in instructional and noninstructional activities by certificated or noncertificated personnel.

17. Use school monies received from the state and county school apportionment exclusively to pay salaries of teachers and other employees and contingent expenses of the district.

18. Annually report to the county school superintendent on or before October 1 in the manner and form and on the blanks prescribed by the superintendent of public instruction or county school superintendent.  The board shall also report directly to the county school superintendent or the superintendent of public instruction whenever required.

19. Deposit all monies received by school districts other than student activities monies or monies from auxiliary operations as provided in sections 15-1125 and 15-1126 with the county treasurer to the credit of the school district except as provided in paragraph 20 of this subsection and sections 15-1223 and 15-1224, and the board shall spend the monies as provided by law for other school funds.

20. Establish bank accounts in which the board during a month may deposit miscellaneous monies received directly by the district.  The board shall remit monies deposited in the bank accounts at least monthly to the county treasurer for deposit as provided in paragraph 19 of this subsection and in accordance with the uniform system of financial records.

21. Prescribe and enforce policies and procedures for disciplinary action against a teacher who engages in conduct that is a violation of the policies of the governing board but that is not cause for dismissal of the teacher or for revocation of the certificate of the teacher. Disciplinary action may include suspension without pay for a period of time not to exceed ten school days.  Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.  The governing board may designate a person or persons to act on behalf of the board on these matters.

22. Prescribe and enforce policies and procedures for disciplinary action against an administrator who engages in conduct that is a violation of the policies of the governing board regarding duties of administrators but that is not cause for dismissal of the administrator or for revocation of the certificate of the administrator.  Disciplinary action may include suspension without pay for a period of time not to exceed ten school days.  Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.  The governing board may designate a person or persons to act on behalf of the board on these matters. For violations that are cause for dismissal, the provisions of notice, hearing and appeal in chapter 5, article 3 of this title apply.  The filing of a timely request for a hearing suspends the imposition of a suspension without pay or a dismissal pending completion of the hearing.

23. Notwithstanding sections 13-3108 and 13-3120, prescribe and enforce policies and procedures that prohibit a person from carrying or possessing a weapon on school grounds unless the person is a peace officer or has obtained specific authorization from the school administrator.

24. Prescribe and enforce policies and procedures relating to the health and safety of all pupils participating in district-sponsored practice sessions or games or other interscholastic athletic activities, including:

(a) The provision of water.

(b) Guidelines, information and forms, developed in consultation with a statewide private entity that supervises interscholastic activities, to inform and educate coaches, pupils and parents of the dangers of concussions and head injuries and the risks of continued participation in athletic activity after a concussion. The policies and procedures shall require that, before a pupil participates in an athletic activity, the pupil and the pupil's parent sign an information form at least once each school year that states that the parent is aware of the nature and risk of concussion.  The policies and procedures shall require that a pupil who is suspected of sustaining a concussion in a practice session, game or other interscholastic athletic activity be immediately removed from the athletic activity and that the pupil's parent or guardian be notified.  A coach from the pupil's team or an official or a licensed health care provider may remove a pupil from play.  A team parent may also remove the parent's own child from play.  A pupil may return to play on the same day if a health care provider rules out a suspected concussion at the time the pupil is removed from play. On a subsequent day, the pupil may return to play if the pupil has been evaluated by and received written clearance to resume participation in athletic activity from a health care provider who has been trained in evaluating and managing concussions and head injuries. A health care provider who is a volunteer and who provides clearance to participate in athletic activity on the day of the suspected injury or on a subsequent day is immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of gross negligence or wanton or wilful neglect. A school district, school district employee, team coach, official or team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this subdivision or for a decision made or an action taken by a health care provider. A group or organization that uses property or facilities owned or operated by a school district for athletic activities shall comply with the requirements of this subdivision.  A school district and its employees and volunteers are not subject to civil liability for any other person or organization's failure or alleged failure to comply with the requirements of this subdivision. This subdivision does not apply to teams that are based in another state and that participate in an athletic activity in this state.  For the purposes of this subdivision, athletic activity does not include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities, civic activities or academic activities, whether engaged in for the purposes of competition or recreation. For the purposes of this subdivision, "health care provider" means a physician who is licensed pursuant to title 32, chapter 13, 14 or 17, an athletic trainer who is licensed pursuant to title 32, chapter 41, a nurse practitioner who is licensed pursuant to title 32, chapter 15, and a physician assistant who is licensed pursuant to title 32, chapter 25.

(c) Guidelines, information and forms that are developed in consultation with a statewide private entity that supervises interscholastic activities to inform and educate coaches, pupils and parents of the dangers of heat-related illnesses, sudden cardiac death and prescription opioid use. Before a pupil participates in any district-sponsored practice session or game or other interscholastic athletic activity, the pupil and the pupil's parent must be provided with information at least once each school year on the risks of heat-related illnesses, sudden cardiac death and prescription opioid addiction.

25. Establish an assessment, data gathering and reporting system as prescribed in chapter 7, article 3 of this title.

26. Provide special education programs and related services pursuant to section 15-764, subsection A to all children with disabilities as defined in section 15-761.

27. Administer competency tests prescribed by the state board of education for the graduation of pupils from high school.

28. Ensure that insurance coverage is secured for all construction projects for purposes of general liability, property damage and workers' compensation and secure performance and payment bonds for all construction projects.

29. Collect and maintain information about each current and former teacher's educational and teaching background and experience in a particular academic content subject area. A school district shall either post the information on the school district's website or make the information available for inspection on request of parents and guardians of pupils enrolled at a school. This paragraph does not require any school to release personally identifiable information in relation to any teacher, including the teacher's address, salary, social security number or telephone number.

30. Report to local law enforcement agencies any suspected crime against a person or property that is a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on the property of the school.  This paragraph does not limit or preclude the reporting by a school district or an employee of a school district of suspected crimes other than those required to be reported by this paragraph. For the purposes of this paragraph, "dangerous instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in section 13-105.

31. In conjunction with local law enforcement agencies and emergency response agencies, develop an emergency response plan for each school in the school district in accordance with minimum standards developed jointly by the department of education and the division of emergency management within the department of emergency and military affairs.  Any emergency response plan developed pursuant to this paragraph must address how the school and emergency responders will communicate with and provide assistance to students with disabilities.

32. Provide written notice to the parents or guardians of all students enrolled in the school district at least ten days before a public meeting to discuss closing a school within the school district. The notice shall include the reasons for the proposed closure and the time and place of the meeting. The governing board shall fix a time for a public meeting on the proposed closure not less than ten days before voting in a public meeting to close the school.  The school district governing board shall give notice of the time and place of the meeting. At the time and place designated in the notice, the school district governing board shall hear reasons for or against closing the school. The school district governing board is exempt from this paragraph if the governing board determines that the school shall be closed because it poses a danger to the health or safety of the pupils or employees of the school. A governing board may consult with the division of school facilities within the department of administration for technical assistance and for information on the impact of closing a school. The information provided from the division of school facilities within the department of administration shall not require the governing board to take or not take any action.

33. Incorporate instruction on Native American history into appropriate existing curricula.

34. Prescribe and enforce policies and procedures:

(a) Allowing pupils who have been diagnosed with anaphylaxis by a health care provider licensed pursuant to title 32, chapter 13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified pursuant to title 32, chapter 15 to carry and self-administer emergency medications, including epinephrine delivery systems, while at school and at school-sponsored activities. The pupil's name on the prescription label on the medication container or on the medication device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to possess and self-administer the medication. The policies shall require a pupil who uses an epinephrine delivery system while at school and at school-sponsored activities to notify the nurse or the designated school staff person of the use of the medication as soon as practicable.  A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of wanton or wilful neglect.

(b) For the emergency administration of epinephrine delivery systems by a trained employee of a school district pursuant to section 15-157.

35. Allow the possession and self-administration of prescription medication for breathing disorders in handheld inhaler devices by pupils who have been prescribed that medication by a health care professional licensed pursuant to title 32. The pupil's name on the prescription label on the medication container or on the handheld inhaler device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to possess and self-administer the medication. A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on a good faith implementation of the requirements of this paragraph.

36. Prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils on school grounds, on school property, on school buses, at school bus stops, at school-sponsored events and activities and through the use of electronic technology or electronic communication on school computers, networks, forums and mailing lists that include the following components:

(a) A procedure for pupils, parents and school district employees to confidentially report to school officials incidents of harassment, intimidation or bullying. The school shall make available written forms designed to provide a full and detailed description of the incident and any other relevant information about the incident.

(b) A requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official and a description of appropriate disciplinary procedures for employees who fail to report suspected incidents that are known to the employee.

(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a written copy of the rights, protections and support services available to a pupil who is an alleged victim of an incident reported pursuant to this paragraph.

(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a pupil who is an alleged victim of the incident with a written copy of the rights, protections and support services available to that pupil.

(e) A formal process for documenting reported incidents of harassment, intimidation or bullying and providing for the confidentiality, maintenance and disposition of this documentation.  School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.

(f) A formal process for the appropriate school officials to investigate suspected incidents of harassment, intimidation or bullying, including procedures for notifying the alleged victim and the alleged victim's parent or guardian when a school official or employee becomes aware of the suspected incident of harassment, intimidation or bullying.

(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.

(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.

(i) Procedures designed to protect the health and safety of pupils who are physically harmed as the result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to contact emergency medical services or law enforcement agencies, or both.

(j) Definitions of harassment, intimidation and bullying.

37. Prescribe and enforce policies and procedures regarding changing or adopting attendance boundaries that include the following components:

(a) A procedure for holding public meetings to discuss attendance boundary changes or adoptions that allows public comments.

(b) A procedure to notify the parents or guardians of the students affected, including assurance that, if that school remains open as part of the boundary change and capacity is available, students assigned to a new attendance area may stay enrolled in their current school.

(c) A procedure to notify the residents of the households affected by the attendance boundary changes.

(d) A process for placing public meeting notices and proposed maps on the school district's website for public review, if the school district maintains a website.

(e) A formal process for presenting the attendance boundaries of the affected area in public meetings that allows public comments.

(f) A formal process for notifying the residents and parents or guardians of the affected area as to the decision of the governing board on the school district's website, if the school district maintains a website.

(g) A formal process for updating attendance boundaries on the school district's website within ninety days after an adopted boundary change. The school district shall send a direct link to the school district's attendance boundaries website to the department of real estate.

38. If the state board of education determines that the school district has committed an overexpenditure as defined in section 15-107, provide a copy of the fiscal management report submitted pursuant to section 15-107, subsection H on its website and make copies available to the public on request. The school district shall comply with a request within five business days after receipt.

39. Ensure that the contract for the superintendent is structured in a manner in which up to twenty percent of the total annual salary included for the superintendent in the contract is classified as performance pay. This paragraph does not require school districts to increase total compensation for superintendents. Unless the school district governing board votes to implement an alternative procedure at a public meeting called for this purpose, the performance pay portion of the superintendent's total annual compensation shall be determined as follows:

(a) Twenty-five percent of the performance pay shall be determined based on the percentage of academic gain determined by the department of education of pupils who are enrolled in the school district compared to the academic gain achieved by the highest ranking of the fifty largest school districts in this state. For the purposes of this subdivision, the department of education shall determine academic gain by the academic growth achieved by each pupil who has been enrolled at the same school in a school district for at least five consecutive months measured against that pupil's academic results in the 2008-2009 school year. For the purposes of this subdivision, of the fifty largest school districts in this state, the school district with pupils who demonstrate the highest statewide percentage of overall academic gain measured against academic results for the 2008-2009 school year shall be assigned a score of 100 and the school district with pupils who demonstrate the lowest statewide percentage of overall academic gain measured against academic results for the 2008-2009 school year shall be assigned a score of 0.

(b) Twenty-five percent of the performance pay shall be determined by the percentage of parents of pupils who are enrolled at the school district who assign a letter grade of "A" to the school on a survey of parental satisfaction with the school district. The parental satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The parental satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each parent who participates in the survey. The letter grade scale used on the parental satisfaction survey shall direct parents to assign one of the following letter grades:

(i) A letter grade of "A" if the school district is excellent.

(ii) A letter grade of "B" if the school district is above average.

(iii) A letter grade of "C" if the school district is average.

(iv) A letter grade of "D" if the school district is below average.

(v) A letter grade of "F" if the school district is a failure.

(c) Twenty-five percent of the performance pay shall be determined by the percentage of teachers who are employed at the school district and who assign a letter grade of "A" to the school on a survey of teacher satisfaction with the school. The teacher satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The teacher satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each teacher who participates in the survey.  The letter grade scale used on the teacher satisfaction survey shall direct teachers to assign one of the following letter grades:

(i) A letter grade of "A" if the school district is excellent.

(ii) A letter grade of "B" if the school district is above average.

(iii) A letter grade of "C" if the school district is average.

(iv) A letter grade of "D" if the school district is below average.

(v) A letter grade of "F" if the school district is a failure.

(d) Twenty-five percent of the performance pay shall be determined by other criteria selected by the governing board.

40. Maintain and store permanent public records of the school district as required by law. Notwithstanding section 39-101, the standards adopted by the Arizona state library, archives and public records for the maintenance and storage of school district public records shall allow school districts to elect to satisfy the requirements of this paragraph by maintaining and storing these records either on paper or in an electronic format, or a combination of a paper and electronic format.

41. Adopt in a public meeting and implement policies for principal evaluations. Before adopting principal evaluation policies, the school district governing board shall provide opportunities for public discussion on the proposed policies. The governing board shall adopt policies that:

(a) Are designed to improve principal performance and improve student achievement.

(b) Include the use of quantitative data on the academic progress for all students, which shall account for between twenty percent and thirty-three percent of the evaluation outcomes.

(c) Include four performance classifications, designated as highly effective, effective, developing and ineffective.

(d) Describe both of the following:

(i) The methods used to evaluate the performance of principals, including the data used to measure student performance and job effectiveness.

(ii) The formula used to determine evaluation outcomes.

42. Prescribe and enforce policies and procedures that define the duties of principals and teachers. These policies and procedures shall authorize teachers to take and maintain daily classroom attendance, make the decision to promote or retain a pupil in a grade in common school or to pass or fail a pupil in a course in high school, subject to review by the governing board in the manner provided in section 15-342, paragraph 11.

43. Prescribe and enforce policies and procedures for the emergency administration by an employee of a school district pursuant to section 36-2267 of naloxone hydrochloride or any other opioid antagonist approved by the United States food and drug administration.

44. In addition to the notification requirements prescribed in paragraph 36 of this subsection, prescribe and enforce reasonable and appropriate policies to notify a pupil's parent or guardian if any person engages in harassing, threatening or intimidating conduct against that pupil. A school district and its officials and employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this paragraph, except in cases of gross negligence or wanton or wilful neglect.  A person engages in threatening or intimidating if the person threatens or intimidates by word or conduct to cause physical injury to another person or serious damage to the property of another on school grounds.  A person engages in harassment if, with intent to harass or with knowledge that the person is harassing another person, the person anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telephonic or written means in a manner that harasses on school grounds or substantially disrupts the school environment.

45. Each fiscal year, provide to each school district employee a total compensation statement that is broken down by category of benefit or payment and that includes, for that employee, at least all of the following:

(a) Base salary and any additional pay.

(b) Medical benefits and the value of any employer-paid portions of insurance plan premiums.

(c) Retirement benefit plans, including social security.

(d) Legally required benefits.

(e) Any paid leave.

(f) Any other payment made to or on behalf of the employee.

(g) Any other benefit provided to the employee.

46. Develop and adopt in a public meeting policies to allow for visits, tours and observations of all classrooms by parents of enrolled pupils and parents who wish to enroll their children in the school district unless a visit, tour or observation threatens the health and safety of pupils and staff.  These policies and procedures must be easily accessible from the home page on each school's website.

B. Notwithstanding subsection A, paragraphs 7, 9 and 11 of this section, the county school superintendent may construct, improve and furnish school buildings or purchase or sell school sites in the conduct of an accommodation school.

C. If any school district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the governing board shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.  The lien for unpaid delinquent taxes, penalties and interest on property acquired by a school district:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.

D. The governing board may not locate a school on property that is less than one-fourth mile from agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the school district may locate a school within the affected buffer zone. The agreement may include any stipulations regarding the school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.

E. A school district, its governing board members, its school council members and its employees are immune from civil liability for the consequences of adopting and implementing policies and procedures pursuant to subsection A of this section and section 15-342. This waiver does not apply if the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.

F. A governing board may delegate in writing to a superintendent, principal or head teacher the authority to prescribe procedures that are consistent with the governing board's policies.

G. Notwithstanding any other provision of this title, a school district governing board shall not take any action that would result in a reduction of pupil square footage unless the governing board notifies the school facilities oversight board established by section 41-5701.02 of the proposed action and receives written approval from the school facilities oversight board to take the action. A reduction includes an increase in administrative space that results in a reduction of pupil square footage or sale of school sites or buildings, or both. A reduction includes a reconfiguration of grades that results in a reduction of pupil square footage of any grade level. This subsection does not apply to temporary reconfiguration of grades to accommodate new school construction if the temporary reconfiguration does not exceed one year. The sale of equipment that results in a reduction that falls below the equipment requirements prescribed in section 41-5711, subsection B is subject to commensurate withholding of school district district additional assistance monies pursuant to the direction of the school facilities oversight board. Except as provided in section 15-342, paragraph 10, proceeds from the sale of school sites, buildings or other equipment shall be deposited in the school plant fund as provided in section 15-1102.

H. Subsections C through G of this section apply to a county board of supervisors and a county school superintendent when operating and administering an accommodation school.

I. A school district governing board may delegate authority in writing to the superintendent of the school district to submit plans for new school facilities to the school facilities oversight board for the purpose of certifying that the plans meet the minimum school facility adequacy guidelines prescribed in section 41-5711.

J. For the purposes of subsection A, paragraph 37 of this section, attendance boundaries may not be used to require students to attend certain schools based on the student's place of residence.
A.R.S. § 15-1892 — Arizona Code / Title 15 / Chapter 14 / Article 9.1 / Section 1892
15-1892 Student athlete compensation; postsecondary education institutions; prohibitions; student athlete employment status; public records exemption; confidentiality; injunctive relief; definitions
Status: in_force

15-1892. Student athlete compensation; postsecondary education institutions; prohibitions; student athlete employment status; public records exemption; confidentiality; injunctive relief; definitions

A. Any postsecondary education institution that competes in an intercollegiate sport shall allow a student athlete to earn compensation from the use of the student athlete's own name, image or likeness.

B. A postsecondary education institution that competes in an intercollegiate sport may:

1. Compensate a student athlete for the use of the student athlete's own name, image or likeness, except that the postsecondary education institution may not use monies collected from student fees to pay for compensation pursuant to this paragraph.

2. Provide monies, assets, resources, opportunities, services or other benefits to an institutional marketing associate or third-party entity to incentivize the institutional marketing associate or third-party entity to facilitate opportunities for a student athlete to earn compensation for the use of the student athlete's own name, image or likeness.

C. A postsecondary education institution that competes in an intercollegiate sport may not:

1. Consider whether a student athlete engages in one or more of the activities described in subsection G, paragraph 1 of this section when rostering or otherwise determining the level of participation that the postsecondary education institution assigns to each student athlete in an intercollegiate athletic program at the postsecondary education institution.

2. Consider a student athlete's activities described in subsection G, paragraph 1 of this section when determining the student athlete's eligibility to receive or renew a scholarship.

3. Deny or revoke a student athlete's scholarship, deem a student athlete ineligible for a scholarship or deem a student athlete ineligible to participate in intercollegiate athletics because the student athlete earns compensation for the use of the student athlete's own name, image or likeness.

D. A student athlete who participates in an intercollegiate athletic program at a postsecondary education institution may not:

1. Execute a contract for the use of the student athlete's own name, image or likeness before disclosing the proposed contract to the postsecondary education institution at which the student athlete participates in an intercollegiate athletic program.

2. Execute a contract for the use of the student athlete's own name, image or likeness if any provision of the contract conflicts with any of the following:

(a) A provision of the student athlete's team contract.

(b) A provision of any contract executed by the postsecondary education institution.

(c) A policy of the postsecondary education institution's athletic department.

(d) A provision of the postsecondary education institution's honor code.

3. Use any of the postsecondary education institution's property to increase the student athlete's opportunities to earn compensation for the use of the student athlete's own name, image or likeness without first obtaining express authorization from the postsecondary education institution.  For the purposes of this paragraph, "property" includes facilities, equipment, apparel, uniforms and intellectual property, including logos, indicia, products protected by copyright, registered trademarks and unregistered trademarks.

E. An athlete agent who advises or represents a student athlete in connection with earning compensation from the use of that student athlete's own name, image or likeness shall comply with chapter 13, article 10 of this title.

F. This section does not authorize student athletes to enter into a contract providing compensation for the use of the student athlete's name, image or likeness if doing so either:

1. Violates the intellectual property rights of any person, including the student athlete's postsecondary education institution.

2. Conflicts with the student athlete's team contract.

G. A regulator may not do any of the following:

1. Prevent a student athlete from fully participating in an intercollegiate athletic program because the student athlete does any of the following:

(a) Earns compensation for the use of the student athlete's own name, image or likeness.

(b) Earns compensation for the student athlete's position on the roster of an intercollegiate athletic program team.

(c) Obtains professional representation from an athlete agent or attorney.

2. Prevent a postsecondary education institution from doing any of the following because a student athlete who participates in an intercollegiate athletic program at the postsecondary education institution engages in one or more of the activities described in paragraph 1 of this subsection:

(a) Becoming a member of any regulator that is a membership organization.

(b) Participating in one or more intercollegiate athletic programs that are sponsored by the regulator.

3. Prevent a postsecondary education institution from doing any of the following:

(a) Compensating a student athlete as described in paragraph 1, subdivision (a) or (b) of this subsection.

(b) Sharing with student athletes the revenue that the postsecondary education institution receives for the commercial use of the student athlete's own name, image or likeness.

(c) Identifying, creating, negotiating with, facilitating, supporting, engaging with, assisting or otherwise enabling a student athlete to participate in an opportunity to receive compensation for the use of the student athlete's own name, image or likeness. For the purposes of this subdivision, the postsecondary education institution includes any supporting foundation or entity acting on behalf of the postsecondary education institution.

4. Consider a complaint, initiate an investigation or take any adverse action against a postsecondary education institution, institutional marketing associate or third-party entity for engaging in any conduct authorized under this section.

5. Take either of the following actions against an individual, third-party entity or student athlete for a violation of the regulator's rules or regulations relating to compensation for the use of a student athlete's own name, image or likeness:

(a) Impose a penalty against a postsecondary education institution or student athlete.

(b) Prevent the postsecondary education institution or student athlete from participating in an intercollegiate athletic program.

H. A postsecondary education institution may not classify a student athlete as an employee of the postsecondary education institution solely on the basis of the student athlete's participation in an athletic program at the postsecondary education institution or the student athlete's receipt of compensation as described in subsection G, paragraph 1, subdivision (a) or (b) of this section or shared revenues as described in subsection G, paragraph 3 of this section.

I. A student athlete may bring a cause of action against a postsecondary education institution or regulator in a court of competent jurisdiction to seek injunctive relief for a violation of this section.

J. A postsecondary education institution, institutional marketing associate or third-party entity may bring a cause of action against a regulator in a court of competent jurisdiction to enjoin the regulator from taking any adverse action against the postsecondary education institution, institutional marketing associate or third-party entity for engaging in any conduct that is authorized pursuant to this section.  For the purposes of this subsection, "adverse action" includes considering a complaint, initiating an investigation or imposing a penalty.

K. If a postsecondary education institution determines that a student athlete has violated this section, the postsecondary education institution shall notify the student athlete in writing of the determination.  If the student athlete does not correct the violation on or before the tenth day after the student athlete receives notice pursuant to this subsection, the postsecondary education institution may bring a cause of action against the student athlete in a court of competent jurisdiction to seek injunctive relief for a violation of this section.

L. Records relating to a contract or proposed contract for the use of the student athlete's own name, image or likeness are not public records and are exempt from title 39, chapter 1.  Information collected by a postsecondary education institution relating to a student athlete's contract to receive compensation for the use of the student athlete's own name, image or likeness is confidential and not subject to public disclosure.

M. An employee of a postsecondary education institution or of a third-party entity is not liable for a student athlete's inability to earn compensation for the use of the student athlete's own name, image or likeness because of a decision or action that routinely occurs in the course of intercollegiate athletic programs.

N. This section does not affect the rights of student athletes under title IX of the education amendments of 1972 (P.L. 92-318; 86 Stat. 235; 20 United States Code sections 1681 through 1688).

O. For the purposes of this section:

1. "Athlete agent" has the same meaning prescribed in section 15-1762.

2. "Institutional marketing associate":

(a) Means a third-party entity that enters into an agreement with a postsecondary education institution, postsecondary education institution's intercollegiate athletic program or postsecondary education institution's intercollegiate sports program to either:

(i) Market or promote, or both, the postsecondary education institution, postsecondary education institution's intercollegiate athletic program or postsecondary education institution's intercollegiate sports program.

(ii) Act on behalf of the postsecondary education institution, postsecondary education institution's intercollegiate athletic program or postsecondary education institution's intercollegiate sports program.

(b) Does not include:

(i) A postsecondary education institution.

(ii) A regulator.

(iii) A staff member, employee, officer, director, manager or owner of a postsecondary education institution or regulator.

3. "Intercollegiate sport":

(a) Means a sport that is played at the collegiate level and for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of a collegiate athletic program.

(b) Does not include a college intramural sport or a professional sport outside of intercollegiate athletic programs.

4. "Person" has the same meaning prescribed in section 15-1762.

5. "Postsecondary education institution" means either:

(a) A university under the jurisdiction of the Arizona board of regents.

(b) A degree-granting institution that is licensed by the state board for private postsecondary education pursuant to title 32, chapter 30, article 2.

6. "Regulator":

(a) Means any organization with authority over one or more intercollegiate athletic programs.

(b) Includes an athletic conference and association for promoting or regulating collegiate athletic programs.

7. "Student athlete" has the same meaning prescribed in section 15-1762.

8. "Third-party entity" means an individual or entity, including an athlete agent, who is not a postsecondary education institution or a regulator and whose purpose includes supporting or benefiting the postsecondary education institution.
A.R.S. § 15-120.03 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 120.03
15-120.03 Sexually explicit materials; prohibition; exemptions; definition
Status: in_force

15-120.03. Sexually explicit materials; prohibition; exemptions; definition

A. Except as prescribed in section 15-711, a public school in this state may not refer students to or use any sexually explicit material in any manner.

B. Materials may be exempted from the provisions of subsection A if all of the following requirements are met:

1. The exempted material possesses serious educational value for minors or possesses serious literary, artistic, political or scientific value.

2. The public school requires written parental consent before the public school refers a student to or uses the exempted material. The public school shall require parental consent on a per-material basis.

3. The public school provides students for whom parental consent is not secured under paragraph 2 of this subsection with an alternative assignment that does not contain sexually explicit material.

C. For the purposes of this section, "sexually explicit materials" includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following:

1. Sexual conduct. For the purposes of this paragraph, "sexual conduct" means acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.

2. Sexual excitement.  For the purposes of this paragraph, "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

3. Ultimate sexual acts. For the purposes of this paragraph, "ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts.
A.R.S. § 15-1452 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1452
15-1452 Evaluation of vocational and technological education programs
Status: in_force

15-1452. Evaluation of vocational and technological education programs

A district board shall provide for the evaluation of vocational and technological education programs once every five years.  The assessment shall be conducted in cooperation with and with assistance from business, industry and labor representatives.  The district board may conduct a self-evaluation.
A.R.S. § 15-243 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 243
15-243 Golden rule special plate fund
Status: in_force

15-243. Golden rule special plate fund

A. The golden rule special plate fund is established consisting of monies received pursuant to section 28-2424. The department of education shall administer the fund.  Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.  The department of education shall distribute monies in the fund before July 1 of each year.

B. The department of education shall allocate monies to a private golden rule foundation that is an incorporated nonprofit corporation in this state and that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.  The department of education shall select a private golden rule foundation that provides golden rule programs that demonstrate the promotion of the golden rule in schools in this state and in communities in this state to receive monies from the golden rule special plate fund.
A.R.S. § 15-217.01 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 217.01
15-217.01 Community college adult education workforce development program; fund; program schools; annual reports
Status: in_force

15-217.01. Community college adult education workforce development program; fund; program schools; annual reports

A. The community college adult education workforce development program is established within the department of education to provide adult learners with preparation for and access to integrated education and training as defined in the workforce innovation and opportunity act (P.L. 113-128; 128 Stat. 1425; 29 United States Code section 3272) and additional study and support services.

B. The department shall accept applications from program applicants beginning on July 1 and not later than June 30 of each year. The department shall determine whether each program applicant is eligible to participate in the program not later than six weeks after the department receives the program applicant's completed application.  To be eligible to participate in the program, the program applicant must be a community college district that is established pursuant to section 15-1402, that provides high school diplomas or high school equivalency diplomas and that provides adult education and literacy activities that prepare adult learners for, or provide adult learners with access to, integrated education and training models, including workforce training, industry-recognized credentials, degree programs or workforce programs that are accredited by a regional accrediting body that is recognized by the United States department of education. If a program applicant is eligible pursuant to this subsection, the department shall distribute monies to the program applicant as prescribed in subsection D of this section.

C. A program school may receive monies pursuant to subsection D of this section for each adult learner who is a student in the program if the adult learner meets both of the following requirements:

1. Enrolls in a community college adult education program.

2. Pursues academic skills development related to adult education and literacy activities as defined in the workforce innovation and opportunity act.

D. The community college adult education workforce development program fund is established consisting of legislative appropriations and any other monies. The department shall administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department may use not more than five percent of the monies that are appropriated to the fund each year for the costs of administering the community college adult education workforce development program.  Notwithstanding any other law, a program school shall be funded as follows:

1. The program school may receive up to $5,000 per full-time student in the program each fiscal year. Part-time students shall be funded in proportion to the number of enrolled courses or hours of instruction.

2. Each quarter, the department shall distribute fund monies to all program schools that meet the criteria prescribed in subsection B of this section in a proportional manner based on the number of adult learners each program school serves.  The total amount distributed pursuant to this paragraph in any quarter may not exceed the sum of:

(a) One-fourth of the total amount that is allocated for program schools in the fiscal year.

(b) The amount of unspent monies, if any, that were allocated for program schools in a previous quarter.

E. A program school shall use monies received under this section to increase the program school's capacity to provide adult education and literacy activities that prepare adult learners for, or provide adult learners with access to, integrated education and training models that lead to industry-recognized training, industry-recognized credentials, a community college certificate or a community college degree. In addition to any monies received from the fund, a program school may accept and spend federal monies and private grants, gifts, contributions and devises to assist the program school in carrying out the purposes of this section.  A portion of monies may be used for additional support services to ensure the success of adult learners in the program, including the following:

1. Transportation assistance for adult learners with a demonstrated need.

2. Child care services for dependents of adult learners while the adult learners are on-site.

3. College and career counseling.

4. Job placement assistance.

F. For each year that monies are appropriated by the legislature to the fund established by this section, on or before October 30, each participating community college shall submit a report regarding the community college adult education workforce development program to the department.  The department shall compile the reports received from each participating community college and, on or before December 15 of each year, shall provide an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education and shall provide a copy of the report to the secretary of state. Each report must include, at a minimum, all of the following information for each participating community college for the preceding school year:

1. The number of adult learners enrolled in the program.

2. The completion rate of high school diplomas and high school equivalency diplomas earned by adult learners enrolled in the program.

3. The average progress of adult learners toward meeting completion criteria.

4. The number and type of industry-recognized credentials, community college certificates, community college degree credits and community college degrees earned by adult learners enrolled in the program.

5. A descriptive summary of the community college adult education workforce development program offered.

6. The number of adult learners who have newly acquired proficiency in the English language.

7. Information required for the performance measures adopted by the state board of education pursuant to section 15-217.

G. The department may request information from any program applicant or program school for the purposes of determining program eligibility and funding distributions pursuant to this section.

H. The department may develop a process to bring a program school into compliance or revoke the program school's authorization to participate in the program.
A.R.S. § 15-1705 — Arizona Code / Title 15 / Chapter 13 / Article 6 / Section 1705
15-1705 Arizona community colleges promise program; eligibility; fund; definitions
Status: in_force

15-1705. Arizona community colleges promise program; eligibility; fund; definitions

A. If monies are appropriated to the Arizona community colleges promise program fund established by subsection E of this section, each district in this state shall establish and administer a community college promise scholarship fund consisting of monies received pursuant to subsection E of this section, grants, gifts and contributions and devises.  Monies in the community college promise scholarship fund are continuously appropriated and may be used for providing financial assistance to eligible students.  Each district may use up to ten percent of the monies the district receives pursuant to subsection E of this section for administrative expenses and student support services. If there are insufficient monies in the community college promise scholarship fund to provide financial assistance to all eligible students, the district shall consider the following factors when establishing scholarship priorities:

1. Socioeconomic factors that pose barriers to student success, as determined by the district.

2. A student's community engagement, including participation in community service projects.

3. Additional factors as determined by the district.

B. A student is eligible for a financial aid award pursuant to this section if the student:

1. For an initial award:

(a) Qualifies for resident student status as prescribed in section 15-1802.01.

(b) Satisfies the admission standards as determined by the community college.

(c) Completes and submits the free application for federal student aid and meets the income eligibility criteria for a federal pell grant.

(d) Is admitted to and enrolled in the community college.

2. To maintain eligibility after receiving an initial award:

(a) Annually completes and submits the free application for federal student aid.

(b) Maintains enrollment at a community college.

(c) Maintains satisfactory academic progress.

(d) Complies with the standards related to maintenance of eligibility adopted by the district, district board or community college.

C. Each district board or community college shall establish a policy or guidelines outlining qualified expenses for which a student may use monies from a financial aid award pursuant to this section. Any policy or guidelines established pursuant to this subsection must allow an award recipient to use the monies for any cost of attending the community college and may not require the monies to be used only for tuition.

D. A district shall reduce a student's financial aid award pursuant to this section by the amount of any other federal aid scholarship, public grant and public aid received by the student from or through the community college in which the student is enrolled, including local scholarship programs, except that the award may not be reduced by the amount of federal grants received by the student from the department of child safety pursuant to the Arizona education and training voucher program.

E. The Arizona community colleges promise program fund is established consisting of monies deposited pursuant to section 15-1809, subsection E and legislative appropriations. The Arizona board of regents shall administer the fund. Monies in the fund are continuously appropriated and exempt from section 35-190 relating to lapsing of appropriations. The Arizona board of regents shall distribute monies in the fund to each district as follows:

1. Twenty percent of the monies appropriated for each fiscal year shall be divided equally among all districts in this state.

2. Eighty percent of the monies appropriated for each fiscal year shall be divided proportionately among all districts in this state based on each district's full-time equivalent student enrollment relative to the statewide audited full-time equivalent student enrollment for the preceding fiscal year, as prescribed in section 15-1466.01.

F. For the purposes of this section:

1. "Community college" has the same meaning prescribed in section 15-1401.

2. "District" means a community college district established pursuant to sections 15-1402 and 15-1403.

3. "District board" has the same meaning prescribed in section 15-1401.
A.R.S. § 15-1627 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1627
15-1627 Control of vehicles and nonpedestrian devices on university property; sanctions; compliance with emissions inspection; definition
Status: in_force

15-1627. Control of vehicles and nonpedestrian devices on university property; sanctions; compliance with emissions inspection; definition

A. Each university may adopt rules for the control of vehicles and nonpedestrian devices on its property with respect to the following only: maximum speed of vehicles and nonpedestrian devices, direction of travel, authorized hours of travel, required stops in traffic, place of parking, method of parking, time of parking, nonparking areas, restricted areas, prohibition of parking in vehicle emissions control areas as defined in section 49-541 of those vehicles which fail to comply with section 49-542 and designation of special parking areas for students, faculty, staff and the general public. Each university may prescribe and collect reasonable fees for specially designated parking areas. Each university shall cause signs and notices to be posted upon the property for the regulation of vehicles and nonpedestrian devices.

B. The rules adopted by each university pursuant to subsection A of this section shall be enforced administratively by each university. As to students, faculty and staff, these procedures may, but need not, involve both student and faculty adjudicating bodies, as long as all procedures give the individual notice and an opportunity to be heard concerning the alleged infractions and any sanction to be imposed upon him. Administrative and disciplinary sanctions may be imposed upon students, faculty and staff for a violation of the rules including, but not limited to: a reasonable monetary penalty, impoundment, regular institutional discipline, withdrawal or suspension of campus parking privileges, encumbrances of records or grades, or both, and oral or written reprimand. Habitual or flagrant disregard of rules shall be a ground for suspension or expulsion from the university for a student and may be taken into consideration as to faculty and staff in regard to amount of salary and continuation of employment.

C. Members of the general public who park their vehicles in an unauthorized manner upon the property of a university shall be warned concerning their unauthorized parking and, if they continue, or if such persons habitually park in such an unauthorized manner, the vehicles so parked may be impounded by the institution and a reasonable fee exacted for the cost of impoundment and storage.

D. Members of the general public who violate a rule adopted by the university pursuant to subsection A of this section regarding the use of nonpedestrian devices shall be warned of a violation and any nonpedestrian devices may be impounded by the university and a reasonable fee may be exacted for the cost of impoundment and storage.

E. Any person who has received a final administrative ruling concerning a sanction imposed upon him as a result of a violation of a rule pursuant to subsection A of this section shall have the right to have that ruling reviewed by the superior court in the county in which the institution involved is situated, in accordance with the provisions of the administrative review act, title 12, chapter 7, article 6.

F. This section shall be considered supplemental in nature to the general common law and statutory powers of institutions under control of the board as to the internal control and activities of their students, faculty and staff.

G. An institution under the jurisdiction of the board of regents and which is located in a vehicle emissions control area as defined in section 49-541 shall prohibit the issuance of annual permits to park on property under its jurisdiction until the applicant submits an affidavit or shows proof that his vehicle meets the requirements of section 49-542.

H. For the purposes of this section, "nonpedestrian devices" includes bicycles, tricycles, unicycles, skateboards, roller skates and equines.
A.R.S. § 15-1305 — Arizona Code / Title 15 / Chapter 11 / Article 1 / Section 1305
15-1305 Arizona state schools for the deaf and the blind; classroom site fund
Status: in_force

15-1305. Arizona state schools for the deaf and the blind; classroom site fund

The Arizona state schools for the deaf and the blind classroom site fund is established consisting of monies received from the department of education pursuant to section 15-977.  The Arizona state schools for the deaf and the blind shall administer the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated.
A.R.S. § 15-1637 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1637
15-1637 Lease of property for health care institution; requirements; conditions; reports; directors, members and officers of nonprofit corporation; definition
Status: in_force

15-1637. Lease of property for health care institution; requirements; conditions; reports; directors, members and officers of nonprofit corporation; definition

A. The Arizona board of regents may lease real property, improvements or personal property owned by the board to a nonprofit corporation as lessee for purposes of operating a health care institution as defined in section 36-401. If the board leases such property for such purposes, whether title to improvements on the property rests in the board or in the lessee, the lease agreement and any amendments, renewals or extensions of the agreement shall be deemed binding and effective according to its terms. If, under the provisions of the lease, improvements or personal property related to the operation of a health care institution are conveyed to the nonprofit corporation, they shall be presumed to have been conveyed for their then fair market value.

B. Any lease agreement entered into pursuant to subsection A of this section may, at the discretion of the Arizona board of regents, contain provisions requiring the nonprofit corporation to acquire the approval of the Arizona board of regents prior to entering into any business transactions that may adversely affect the interests of this state or that are contained in subsection G, paragraph 2 of this section. The Arizona board of regents shall specify in the lease agreement the type and nature of such transactions which require prior approval of the board.

C. To satisfy the requirements of section 103 of the internal revenue code, as defined in section 43-105, any nonprofit corporation which is a lessee as described in subsection A of this section is declared to be:

1. A validly organized and existing body politic and corporate exercising its powers for the benefit of the people, to improve their health and welfare and to increase their prosperity.

2. Engaged in a purpose essential to public health care.

3. Performing an essential governmental function.

D. Any nonprofit corporation which is a lessee as described in subsection A of this section is exempt from property taxation by this state or any agency or subdivision of this state and possesses and may exercise only those powers of the Arizona board of regents which are delegated to the nonprofit corporation by the Arizona board of regents and which are necessary to satisfy the requirements of section 103 of the internal revenue code, as defined in section 43-105, as specified in the terms, conditions, restrictions and agreements of the lease agreement. These powers are in addition to all those powers granted to a nonprofit corporation by title 10, chapters 24 through 40.

E. Any nonprofit corporation which is a lessee as described in subsection A of this section may issue bonds and incur obligations and pledge its revenues as security for the payment of the bonds or other obligations for health care institutional purposes to the extent provided by the lease agreement or amendments, renewals or extensions of the agreement. Nothing in this section shall be construed to authorize the incurrence of a debt by the state within the meaning of any constitutional restriction on debt.

F. Except as provided in subsection G of this section, any nonprofit corporation which is a lessee as described in subsection A of this section may acquire by purchase, lease or otherwise, and may operate, other health care institutions and real and personal property for purposes of providing products and services related to the operation of health care institutions owned, leased or operated by it. Such acquisition or operation does not affect the powers, rights, privileges or immunities conferred on such nonprofit corporation by this section.

G. No nonprofit corporation which is a lessee as described in subsection A of this section shall:

1. Until September 1, 1986 enter into any agreement with a county or a nonprofit corporation to which property is conveyed pursuant to section 11-256.03, subsection A if the agreement provides for the conveyance of any ownership interest whatever in the nonprofit corporation to which property is conveyed pursuant to section 11-256.03, subsection A or in the property described in section 11-256.03, subsection A. After August 31, 1986 any such agreement must be approved by the Arizona board of regents and the legislature. This subsection does not prevent the grant of an option to purchase such property, provided that the option may not be exercised before September 1, 1986 and the exercise of the option must be approved by the Arizona board of regents and the legislature. Under no circumstances shall any state general fund monies be used to acquire any interest in such property.

2. Own, lease, manage or operate any other health care institution or other real or personal property unless such acquisition, management or operation either:

(a) Relates to and furthers the educational or research purposes and goals of the university of Arizona hospital.

(b) Promotes the efficient and economical operation of the university of Arizona hospital or any other health care institution acquired pursuant to paragraph 1 of this subsection.

H. A nonprofit corporation which is a lessee as described in subsection A of this section may manage and operate property described in section 11-256.03, subsection A subject to the restrictions of subsection G of this section. Any management or operation agreement shall provide that the nonprofit corporation which is a lessee as described in subsection A of this section shall not be liable for any bonds or other obligation of any kind relating to the ownership or operation of the property described in section 11-256.03, subsection A incurred before the property is conveyed to such nonprofit corporation in accordance with subsection G of this section.

I. A health care institution which is the subject of a lease agreement as described in subsection A of this section is subject to section 15-1630.

J. A nonprofit corporation which is a lessee as described in subsection A of this section shall make semiannual progress reports as to its financial status and deliver them on January 1 and July 1 of each year to the Arizona board of regents, the president of the senate, the speaker of the house of representatives and the governor. The nonprofit corporation shall present an independently audited financial statement to the auditor general within ninety days of the close of the previous fiscal year. The auditor general shall review such statements and transmit them together with a report to officers entitled to receive progress reports by this subsection.

K. Any nonprofit corporation which is a lessee as described in subsection A of this section shall:

1. Be organized as a nonprofit corporation pursuant to title 10, chapters 24 through 40 only upon the approval of the Arizona board of regents.

2. Be governed by a board of directors, the members of which are appointed by the Arizona board of regents, provided that no more than forty-nine per cent of the members of such board of directors of the nonprofit corporation shall be officers or employees of this state and of such forty-nine per cent only two members of such board of directors may be members of the Arizona board of regents. Members of the Arizona board of regents who are appointed to the board of directors of such nonprofit corporation shall be residents of different counties unless all members of the board of regents are residents of the same county.

3. Be organized under articles of incorporation or bylaws approved by the Arizona board of regents which shall provide among other things that:

(a) No earnings of the nonprofit corporation shall inure to the benefit of or be distributable to its members, directors, officers or other individuals, except that the nonprofit corporation shall be authorized to pay reasonable compensation for services rendered to it by individuals other than members of the board of directors of the nonprofit corporation acting solely in such capacity, to reimburse expenses in connection with services rendered to or expenses incurred on behalf of the nonprofit corporation and to make payments and distributions in furtherance of the purposes of the nonprofit corporation.

(b) Upon the dissolution or liquidation of the nonprofit corporation, the board of directors of the nonprofit corporation shall, after paying or making provision for the payment of all of the liabilities of the nonprofit corporation, distribute all of the assets of the nonprofit corporation to the Arizona board of regents or its successor.

(c) Neither the articles of incorporation nor the bylaws of the nonprofit corporation shall be amended without the approval of the Arizona board of regents.

(d) The board of directors of the nonprofit corporation may adopt nondiscriminatory rules and regulations providing for the use of the university of Arizona hospital by, and staff privileges for, any persons licensed under title 32, chapter 7, 13 or 17 whether or not such persons have a faculty teaching appointment with the school of medicine, providing, however, that such rules and regulations shall contain requirements sufficient to protect the educational and research purposes and goals of the university of Arizona hospital.

L. No member of the Arizona board of regents who is also a member or director of a nonprofit corporation which is a lessee as described in subsection A of this section shall as a regent vote upon any matter pertaining to such a corporation as may come before the Arizona board of regents.

M. For the purposes of this section "nonprofit corporation" means a corporation as defined in section 10-3140.
A.R.S. § 15-304 — Arizona Code / Title 15 / Chapter 3 / Article 1 / Section 304
15-304 Warrants; limitations; definition
Status: in_force

15-304. Warrants; limitations; definition

A. The county school superintendent, on the voucher of the governing board of a school district, shall draw the county school superintendent's warrant on the county treasurer for all necessary expenses against the school fund of the district. The warrants shall be drawn in the order in which the vouchers are filed in the county school superintendent's office. In lieu of drawing warrants, the county school superintendent may issue an electronic transfer pursuant to section 11-493 for expenditures authorized by this section. Unless the department of education notifies the county school superintendent in writing pursuant to section 15-107 that budget capacity exists, a warrant shall not be drawn for an expenditure from the maintenance and operation, capital outlay, adjacent ways and federal and state grant funds for a purpose not included in the budget of the school district or for an expenditure in excess of the amount budgeted and not previously expended, except for expenditures authorized by the board of supervisors as provided in section 15-907. The county school superintendent shall not draw a warrant for an expenditure from any school district fund except the maintenance and operation, capital outlay or adjacent ways fund or federal and state grant funds unless sufficient cash is available in the fund according to the records of the county school superintendent. The county school superintendent may only draw a warrant for an expenditure from a federal or state grant fund when sufficient cash is not available in the grant fund if the county treasurer maintains the two accounts as provided in section 15-996, paragraph 1 and if the county school superintendent determines that the expenditures are included in the budget section of the approved grant application. Warrants may be processed through an electronic payment system.

B. A county school superintendent, within two business days, shall provide written notice to the department of education, if, in the county school superintendent's judgment, a school district has committed an overexpenditure as defined in section 15-107.

C. The state board of education shall require a county school superintendent who fails to comply with the notification requirements of subsection B of this section to complete professional development training.  The state board of education may also require the employees of a county school superintendent who are involved in school district finances and budgeting to complete professional development training. The professional development training shall be selected from a list approved by the state board of education, and the cost of the professional development training shall be paid by the county school superintendent. County school superintendents and employees of the county school superintendent who are involved in district finances and budgeting shall complete at least twelve hours of professional development training within one hundred twenty days after the decision of the state board of education to require professional development training of the county school superintendent and the employees of the county school superintendent who are involved in district finances and budgeting.

D. A county school superintendent who fails to complete the professional development training within the time prescribed in subsection C of this section is guilty of nonfeasance in office, and the state board of education shall forward a complaint to the attorney general. The attorney general may bring an action in superior court against a county school superintendent for failure to comply with the professional development training requirements prescribed in subsection C of this section.  If a court determines that a county school superintendent failed to comply with the professional development training requirements prescribed in subsection C of this section, the court shall issue an order removing the county school superintendent from office.

E. A county school superintendent who fails to comply with the notification requirements of subsection B of this section more than once is guilty of unprofessional conduct. The attorney general may commence an action in superior court to enforce this subsection against any county school superintendent who violates the notification requirements of subsection B of this section more than once.  If the court determines that a county school superintendent is guilty of unprofessional conduct, the court shall issue an order directing the removal of the county school superintendent from office.

F. Any vacancy in the office of county school superintendent shall be filled in the manner prescribed by section 11-251.

G. For the purposes of this section, "voucher" means a summary cover sheet and either copies of the invoices of the expenditure or a listing of the invoice detail.
A.R.S. § 15-792.03 — Arizona Code / Title 15 / Chapter 7 / Article 6 / Section 792.03
15-792.03 Grand Canyon diploma
Status: in_force

15-792.03. Grand Canyon diploma

A. The private organization selected pursuant to section 15-792.02 shall develop the Grand Canyon diploma to be approved and adopted by the state board of education.  School districts and charter schools in this state may choose to offer a Grand Canyon diploma.  A high school student who is enrolled in a school district or charter school that offers a Grand Canyon diploma may choose to pursue a Grand Canyon diploma.

B. Students are eligible for the Grand Canyon diploma and may be awarded the Grand Canyon diploma at the end of grade ten or during or at the end of grade eleven or twelve if the students meet the criteria.  Students who elect to pursue a Grand Canyon diploma shall participate in a board examination system that consists of internationally benchmarked instructional programs of study chosen by an interstate compact on board examination systems.

C. Students who are eligible for a Grand Canyon diploma shall have multiple pathways available to them and may:

1. Enroll the following semester in a community college under the jurisdiction of a community college district in this state. Community colleges under the jurisdiction of a community college district in this state shall admit students who obtain a Grand Canyon diploma and who otherwise meet the qualifications for admission.  The school district or charter school from which the student earned the Grand Canyon diploma shall include that student in the school district's or charter school's average daily membership and shall continue to receive per pupil funding for a student who earns a Grand Canyon diploma until that student would otherwise have graduated at the end of grade twelve, as long as that student is enrolled as a full-time student in a community college under the jurisdiction of a community college district in this state. The school district or charter school shall subtract twenty percent of its average daily membership amount and reimburse the community college if the student has earned a Grand Canyon diploma and is attending a community college as a full-time student. If the student attends community college on a community college campus, the school district or charter school shall reimburse the community college district for the amount of operating and capital outlay full-time student equivalency monies. For the purposes of this paragraph, the amount of operating full-time student equivalency monies shall be equivalent to the average appropriation per full-time student equivalent for all community college districts as calculated pursuant to section 15-1466, subsection C, paragraph 2. Fifty percent of the remaining balance of the per pupil funding shall be used for teacher and pupil incentives, including scholarship programs, to offset the costs of board examinations and to provide customized programs of assistance for students who do not pass the board examinations.  The other fifty percent shall be used for maintenance and operations, including capital. Under this paragraph, a student who earns a Grand Canyon diploma is responsible for tuition. A student who earns a Grand Canyon diploma may enroll in community college courses offered on a community college campus or a high school campus, or both.  Notwithstanding any other law, community college districts shall not classify a student who remains in high school pursuant to this paragraph as a full-time equivalent student.  Students who take courses on high school campuses pursuant to this paragraph shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade twelve. The expenditure by community college districts of payments from the school district or charter school to the community colleges under this section shall not be included under the district expenditure limitation prescribed pursuant to article IX, section 21, Constitution of Arizona. If the instruction provided under this paragraph is offered on a community college campus, the funding and implementation mechanics between the school district or charter school and the community college shall be determined by agreement between the school district or charter school and the community college.

2. Remain in high school and enroll in additional advanced preparation board examination programs that are designed to prepare those students for admission to selective postsecondary institutions that offer baccalaureate degree programs. These board examination programs shall be selected from a list approved by an interstate compact for board examination systems. The school district or charter school from which the student became eligible for the Grand Canyon diploma shall include that student in the school district's or charter school's average daily membership and shall continue to receive per pupil funding for a student who is eligible for a Grand Canyon diploma until that student would otherwise have graduated at the end of grade twelve, as long as that student is enrolled in approved advanced preparation board examination programs at that school district or charter school.  Students who elect to remain in high school pursuant to this paragraph shall not be prevented from enrolling at a high school after the pupil becomes eligible for a Grand Canyon diploma and shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade twelve.

3. Enroll in a full-time career and technical education program offered on a high school campus or a career technical education district campus, or any combination of these campuses. Students who elect to remain in high school pursuant to this paragraph shall not be prevented from enrolling at a high school after the pupil becomes eligible for a Grand Canyon diploma and shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade twelve. The school district or charter school from which the student became eligible for the Grand Canyon diploma shall include that student in the school district's or charter school's average daily membership and shall continue to receive per pupil funding for a student who is eligible for a Grand Canyon diploma until that student would otherwise have graduated at the end of grade twelve, as long as that student is enrolled in an approved full-time career and technical education program. Notwithstanding any other law, if the instruction provided under this paragraph is provided by a career technical education district in a full-time career and technical education program that is designed to lead to a certificate that is awarded by an industry or recognized as meeting industry standards, the sum of the average daily membership for that pupil shall not exceed 1.25, and the average daily membership shall be apportioned at 1.0 for the career technical education district and 0.25 for the school district.

4. Remain in high school without completing the next level of board examination systems and participate in programs of study available to the students through the school district or charter school. The school district or charter school will continue to include the students in the school district's or charter school's count and shall continue to receive per pupil funding for the students until those students would have otherwise graduated at the end of grade twelve, as long as those students are enrolled in approved programs of study at that school district or charter school.  Students who elect to remain in high school pursuant to this paragraph shall be eligible to participate in extracurricular activities, including interscholastic sports.

5. If accepted for admission to a university under the jurisdiction of the Arizona board of regents, enroll in the university after completion of additional high school coursework designed to prepare students for admission to selective postsecondary institutions that offer baccalaureate degrees.  The school district or charter school from which the student earned the Grand Canyon diploma shall include that student in the school district's or charter school's average daily membership and shall continue to receive per pupil funding for a student who earns a Grand Canyon diploma until that student would otherwise have graduated at the end of grade twelve for as long as that student is enrolled as a full-time student in the university.  One-third of the school district's or charter school's average daily membership amount shall be retained by the school district or the operator of the charter school.  One-third of the school district's or charter school's average daily membership amount shall be retained for use at the school site.  One-third of the school district's or charter school's average daily membership amount shall be distributed as follows:

(a) One-half shall be deposited in a scholarship account established and managed by the school district from which the student graduated specifically for a student who qualifies for the Grand Canyon diploma and who attends a university under the jurisdiction of the Arizona board of regents as a full-time student.

(b) One-half shall be retained by the university where the student is enrolled.

D. Students who pursue but do not meet the eligibility requirements for a Grand Canyon diploma at the end of grade ten or eleven shall receive a customized program of assistance during the next school year that addresses areas in which the student demonstrated deficiencies in the approved board examinations. These students may retake the board examinations at the next available examination administration. Students may choose to return to a traditional academic program without completing the board examination system curriculum.

E. The private organization selected pursuant to section 15-792.02 shall develop detailed requirements for students to become eligible for the Grand Canyon diploma, as approved and adopted by the state board of education, that include at least the following:

1. Demonstrated skills and knowledge in English and mathematical literacy to be successful in college level courses offered by the community colleges in this state that count toward a degree or certificate without taking remedial or developmental coursework as determined by an interstate compact on board examination systems.

2. Satisfactory grades on approved board examinations in subjects determined to be necessary to prepare a student to enter community college without remedial or developmental coursework and that do not include coursework required exclusively for entry into an institution that awards baccalaureate degrees.
A.R.S. § 15-907 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 907
15-907 Incurring liabilities in excess of school district budget; petition; approval; procedure for expenditures
Status: in_force

15-907. Incurring liabilities in excess of school district budget; petition; approval; procedure for expenditures

A. In the event of excessive and unexpected legal expenses or for an emergency for which the school district did not receive funding pursuant to section 41-5721 because there were insufficient monies in the emergency deficiencies correction fund, the governing board of the school district may petition the county school superintendent, or in the case of an accommodation school, the county school superintendent may petition the county board of supervisors, requesting authority to incur liabilities in excess of the school district budget, in an amount the governing board deems necessary. The governing board of the school district shall follow the procedures for the truth in taxation notice and hearing prescribed in section 15-905.01, subsection B.

B. The county school superintendent shall forward the petition together with the superintendent's recommendation and a copy of the budget of the school district to the board of supervisors.

C. The board of supervisors shall hold a hearing on the petition within twenty days after receipt and shall determine whether the petition shall be allowed, allowed after revision or denied.

D. If the petition is allowed in whole or in part, the governing board shall be authorized to incur liabilities in accordance with the petition, and a copy of the order of the board of supervisors authorizing the incurring of such liabilities shall be filed with the county school superintendent. The county school superintendent, on presentation of proper vouchers, shall draw warrants against the additional allowance.  Any liability so incurred shall be in addition to the aggregate budget estimate of the school district for the succeeding year.

E. The portion of the primary tax rate to fund these liabilities in excess of the school district budget as provided in this section shall not be included in the computation of additional state aid for education prescribed in section 15-972.
A.R.S. § 15-756.12 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756.12
15-756.12 Auditor general; annual financial report; modification
Status: in_force

15-756.12. Auditor general; annual financial report; modification

The auditor general shall modify the annual financial report prescribed in section 15-904 in order to carry out this article.
A.R.S. § 15-189.01 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 189.01
15-189.01 Charter schools; zoning; development fees
Status: in_force

15-189.01. Charter schools; zoning; development fees

A. Charter schools shall be classified the same as public schools that are operated by a school district for the purposes of zoning and the assessment of zoning fees, site plan fees and development fees, including any required hearings or applications.  Municipalities and counties shall allow a charter school to be established and operate at a location or in a facility for which the zoning regulations of the county or municipality cannot legally prohibit schools operated by school districts, except that a county or municipality may adopt zoning regulations that prohibit a charter school from operating on property that is less than an acre in size and that is located within an existing single family residence zoning district.

B. Except as provided in subsection D of this section, a charter school is subject to the same level of oversight and the same rules, hearing requirements, application requirements, ordinances, limitations and other requirements, if any, that would be applied to and enforced against a school that is operated by a school district.  A municipality or county shall not enforce, or attempt to enforce, any ordinance, procedure or process against a charter school that cannot be legally enforced against a school district.  Voluntary compliance of a school district in the zoning regulations of a municipality or a county does not result in the application of those zoning regulations to a charter school.

C. The construction and development of the charter school facility shall be subject to the building codes, including life and safety building codes, of the municipality, county or state in which the charter school facility is located.

D. Municipalities and counties shall adopt procedures to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis and that charter schools receive a final determination from the municipality or county within thirty days after the beginning of processes requiring only an administrative review and within ninety days after the beginning of processes requiring a public hearing and allowing an appeal to a board of adjustment, city or town governing body or board of supervisors.

E. Except as provided in subsection F of this section, no political subdivision of this state may enact or interpret any law, rule or ordinance in a manner that conflicts with this section.

F. Notwithstanding subsections A and B of this section, a charter school shall not be established or operated on commercial or residential property in an age restricted community that is located in unorganized territory.

G. A charter school may authorize a third party to apply to a municipality or county as the representative of that charter school for any application or action prescribed in subsections A through D of this section.
A.R.S. § 15-1469.01 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1469.01
15-1469.01 Payment of community college nonresident state student cost
Status: in_force

15-1469.01. Payment of community college nonresident state student cost

A. Any county which is not a part of an established community college district and whose share of transaction privilege taxes, apportioned pursuant to section 42-5029, subsection D, totals less than one per cent of the total distribution base apportioned to all counties shall have any reimbursement to a community college district prescribed by section 15-1469 paid by the state.

B. The state treasurer shall reduce the apportionment pursuant to section 42-5029 to any county whose community college reimbursement as prescribed in section 15-1469 is eligible to be paid by the state pursuant to subsection A of this section by the amount of the reimbursement paid by the state. The state treasurer shall deposit the amount of the reduction in the state general fund.

C. Community college reimbursement payments made by the state on behalf of a county pursuant to this section shall be included under the state appropriation limitation established pursuant to article IX, section 17, Constitution of Arizona, and shall not be included under county expenditure limitations established pursuant to article IX, section 20, Constitution of Arizona.
A.R.S. § 15-784 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 784
15-784 Vocational education; acceptance of congressional acts; appropriation; distribution of federal monies
Status: in_force

15-784. Vocational education; acceptance of congressional acts; appropriation; distribution of federal monies

A. The state assents to the provisions and accepts the benefits of the vocational education act of 1917, as amended, and the Carl D. Perkins vocational education act of 1984, as amended by the Carl D. Perkins vocational and applied technological education act amendments of 1990, as amended by the Carl D. Perkins vocational and applied technology act of 1998.

B. The state board of education is the state board of vocational education for the purposes of the acts. The state treasurer is designated custodian for vocational education for the purposes of the acts. The state treasurer shall receive and provide for the custody and disbursement of all monies paid to the state for the purposes of vocational education.

C. There is appropriated from the general fund of the state sufficient monies to meet the requirements of the acts of Congress.

D. The state board of education may distribute the monies it receives as provided in subsection A of this section to any eligible recipient of the monies under the federal law.

E. The state board of education shall distribute to the community college districts in this state at least fifteen percent of the monies received as provided in subsection A of this section.  Community college tuition financing districts are not eligible to receive monies pursuant to this section.
A.R.S. § 15-257 — Arizona Code / Title 15 / Chapter 2 / Article 3 / Section 257
15-257 Employee evaluation system
Status: in_force

15-257. Employee evaluation system

The superintendent of public instruction may establish a system to evaluate the performance of employees of the department of education.
A.R.S. § 15-1329 — Arizona Code / Title 15 / Chapter 11 / Article 2 / Section 1329
15-1329 Employee salaries and classification; definition
Status: in_force

15-1329. Employee salaries and classification; definition

A. The board shall determine the salaries and assign an employee classification of persons it employs, except for the superintendent as provided in section 15-1325.

B. All salary schedules for employees of the schools shall become operative on July 1 of each year and shall be included in the estimate of expenses submitted by the superintendent.

C. In any fiscal year in which monies are appropriated to the department of education to provide teacher salary increases, each teacher who is employed by the Arizona state schools for the deaf and the blind in that fiscal year is eligible for the same salary increase from that appropriation in the same manner as any other public schoolteacher.

D. For the purposes of this section, "teacher who is employed by the Arizona state schools for the deaf and the blind" means a person who both:

1. Was eligible to be included in the year-end full-time equivalent teacher count of the Arizona state schools for the deaf and the blind for the 2016-2017 school year in the annual financial report of the Arizona state schools for the deaf and the blind.

2. Teaches at the Arizona state schools for the deaf and the blind during the school year.
A.R.S. § 15-1753 — Arizona Code / Title 15 / Chapter 13 / Article 9 / Section 1753
15-1753 Primary care disciplines; definition
Status: reserved

15-1753. Primary care disciplines; definition

A. The university of Arizona school of medicine shall prepare a plan with the goal of encouraging students to enter the primary care disciplines. At least sixty per cent of the residency positions available at the university of Arizona school of medicine shall be reserved for medical school graduates entering programs defined as primary care disciplines of which at least twelve per cent of the residency positions available at the university of Arizona school of medicine shall be reserved for medical school graduates entering the family medicine program.

B. Beginning October 1, 1995 and each year thereafter, the university of Arizona shall submit a report to the president of the senate and the speaker of the house of representatives. The report shall include the number of residents who graduated from the university of Arizona in a primary care discipline and who are practicing in primary care and the number who have elected to enter into specialty practices.

C. The information provided in subsection B of this section shall be made available to the chairmen of the appropriations committees in the house of representatives and the senate for their use in future funding decisions for the university of Arizona medical school.

D. For purposes of this section, "primary care disciplines" includes family medicine, general internal medicine, general pediatrics, obstetrics and gynecology.
A.R.S. § 15-551 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 551
15-551 Confidentiality of pupil's name; disciplinary hearing; civil penalty
Status: in_force

15-551. Confidentiality of pupil's name; disciplinary hearing; civil penalty

A. The governing board and the state board of education shall keep confidential the name of a pupil involved in a hearing before either board regarding the dismissal or discipline of a school district employee or an action on a certificate. The board shall not disclose the pupil's name without the consent of the pupil's parent or guardian except by order of the superior court. This section does not prevent either board from disclosing the pupil's name to any party to the hearing.

B. The board shall take a pupil's testimony in executive session. The pupil shall be referred to by a fictitious name during any public portions of the hearing. The pupil's name and testimony are not subject to inspection pursuant to title 39, chapter 1, article 2.

C. A person who participates in a hearing described in subsection A shall keep confidential the name of any pupil involved in the hearing. The county attorney may enforce a civil penalty of five hundred dollars against a person who violates this subsection.

D. The state board shall adopt rules for the implementation of this section.
A.R.S. § 15-259 — Arizona Code / Title 15 / Chapter 2 / Article 3 / Section 259
15-259 State seal of civics literacy program; requirements; diploma
Status: in_force

15-259. State seal of civics literacy program; requirements; diploma

A. The superintendent of public instruction shall establish a state seal of civics literacy program to recognize students who graduate from a school operated by a school district or a charter school located in this state and who have attained a high level of proficiency in civics.

B. The superintendent of public instruction shall:

1. Create a state seal of civics literacy that shall be affixed to the diploma and noted on the transcript of a student to recognize that the student has met the requirements prescribed in this section.

2. Deliver the state seal of civics literacy to each public school district or charter school that participates in the program.

C. Any school district or charter school may voluntarily participate in the state seal of civics literacy program by notifying the superintendent of public instruction of the school district's or charter school's intent to participate in the program.

D. Each school district governing board or charter school governing body that participates in the state seal of civics literacy program shall:

1. Identify the students who have met the requirements to be awarded the state seal of civics literacy.

2. Affix the state seal of civics literacy to the diploma and note the receipt of the state seal of civics literacy on the transcript of each student who meets those requirements.

E. In addition to the social studies graduation requirements prescribed in section 15-701.01, the state board of education, in collaboration with the school of civic and economic thought and leadership at Arizona state university and other experts on fundamental civic knowledge and civic literacy at universities in this state, shall adopt a list of assessments using research-based methodology to determine a student's proficiency in civics and may adopt rules as necessary to carry out the purposes of this section.

F. A school district or charter school that participates in the state seal of civics literacy program established pursuant to this section shall award a student, on graduation from high school, a high school diploma with a state seal of civics literacy if the student meets both of the following requirements:

1. Successfully completes all social studies requirements for graduation with an overall grade point average in those classes of 3.0 or higher on a 4.0 scale, or the equivalent.

2. Demonstrates proficiency in civics by meeting the requirements adopted pursuant to subsection E of this section.
A.R.S. § 15-213 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 213
15-213 Procurement practices of school districts and charter schools; violations; classification; definitions
Status: in_force

15-213. Procurement practices of school districts and charter schools; violations; classification; definitions

A. The state board of education shall adopt rules prescribing procurement practices for all school districts in this state as follows:

1. The state board shall submit to the auditor general proposed rules consistent with the procurement practices prescribed in title 41, chapter 23, modifying the provisions for public notice of invitation for bids, requests for proposals and requests for qualifications to allow a governing board to give public notice of the invitation for bids, requests for proposals and requests for qualifications by publication in the official newspaper of the county as prescribed in section 11-255, modifying the provisions relating to disposal of materials to comply with section 15-342, paragraph 18, providing for governing board delegation of procurement authority and modifying as necessary other provisions that the state board determines are not appropriate for school districts. The rules shall include provisions specifying that school districts are not required to engage in competitive bidding in order to make the decision to participate in programs pursuant to section 15-382 and that a program authorized by section 15-382 is not required to engage in competitive bidding for the services necessary to administer the program or for purchase of insurance or reinsurance. The rules shall include provisions specifying that school districts are not required to engage in competitive bidding in order to place a pupil in a private school that provides special education services if such a placement is prescribed in the pupil's individualized education program and the private school has been approved by the department of education division of special education pursuant to section 15-765, subsection D. This placement is not subject to rules adopted by the state board of education before November 24, 2009 pursuant to this section. The rules for procurement of construction projects shall include provisions specifying that surety bonds furnished as bid security and performance and payment bonds shall be executed and furnished as required by title 34, chapter 2 or 6, as applicable. The rules shall specify the total cost of a procurement that is subject to invitations for bids, requests for proposals and requests for clarification, using the aggregate dollar amount limits for procurements prescribed in section 41-2535.  The rules must follow the prompt payment requirements prescribed in sections 41-2576 and 41-2577 except for external funding that has not yet been received.

2. The state board of education shall adopt rules for procurements involving construction not exceeding $150,000, which shall be known as the simplified school construction procurement program. At a minimum, the rules for a simplified construction procurement program shall require that:

(a) Each county school superintendent maintain a list of persons who desire to receive solicitations to bid on construction projects to which additions shall be allowed throughout the year.

(b) The list of persons be available for public inspection.

(c) A performance bond and a payment bond as required by this section be provided for contracts for construction by contractors.

(d) All bids for construction be opened at a public opening and the bids shall remain confidential until the public opening.

(e) All persons desiring to submit bids be treated equitably and the information related to each project be available to all eligible persons.

(f) Competition for construction projects under the simplified school construction procurement program be encouraged to the maximum extent possible.  At a minimum, a school district shall submit information on each project to all persons listed with the county school superintendent by any school district within that county.

(g) A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against this state's public policy and is void and unenforceable.

3. The state board of education shall adopt rules for the procurement of goods and information services by school districts and charter schools using electronic, online bidding. The rules adopted by the state board shall include the use of reverse auctions and shall be consistent with the procurement practices prescribed in title 41, chapter 23, article 13, modifying as necessary those provisions and the rules adopted pursuant to that article that the state board determines are not appropriate for school districts and charter schools.  Until the rules are adopted, school districts and charter schools may procure goods and information services pursuant to title 41, chapter 23, article 13 using the rules adopted by the department of administration in implementing that article.

4. The state board shall adopt rules for the procurement by school districts of any materials, services, goods, construction or construction services that ensure maximum practicable competition as prescribed in section 41-2565 and shall require that a person:

(a) That contracts for or purchases any materials, services, goods, construction or construction services in a manner contrary to the rules adopted by the state board pursuant to this section is personally liable for the recovery of all public monies paid plus twenty percent of that amount and legal interest from the date of payment and all costs and damages arising out of the violation as prescribed in section 41-2616.

(b) That intentionally or knowingly contracts for or purchases any materials, services, goods, construction or construction services pursuant to a scheme or artifice to avoid the rules adopted by the state board pursuant to this section is guilty of a class 4 felony as prescribed in section 41-2616.

(c) That prepares procurement specifications may not receive any direct or indirect benefit from using those specifications.

(d) That serves on a selection committee for a procurement may not be a contractor or subcontractor under a contract awarded under the procurement or provide any specified professional services, construction, construction services, materials or other services under the contract.  A person that serves on a selection committee for a procurement and that fails to disclose contact with a representative of a competing vendor or fails to provide required accurate information is subject to a civil penalty as prescribed in section 41-2616.

5. The state board shall adopt rules requiring school districts to obtain and maintain a record of proof that a construction or construction services provider that has been awarded a contract with the school district, or school purchasing cooperative, has a valid license to practice in this state.

6. The auditor general shall review the proposed rules to determine whether the rules are consistent with the procurement practices prescribed in title 41, chapter 23 and any modifications are required to adapt the procedures for school districts.

7. If the auditor general approves the proposed rules, the auditor general shall notify the state board in writing and the state board shall adopt such rules.

8. If the auditor general objects to the proposed rules, the auditor general shall notify the state board of the objections in writing and the state board, in adopting the rules, shall conform the proposed rules to meet the objections of the auditor general or revise the proposed rules to which an objection has been made and submit the revisions to the auditor general for approval.

B. After the bids submitted in response to an invitation for bids are opened and the award is made or after the proposals or qualifications are submitted in response to a request for proposals or a request for qualifications and the award is made, the governing board shall make available for public inspection all information, all bids, proposals and qualifications submitted and all findings and other information considered in determining whose bid conforms to the invitation for bids and will be the most advantageous with respect to price, conformity to the specifications and other factors or whose proposal or qualifications are to be selected for the award, including the rationale for awarding a contract for any specified professional services, construction, construction services or materials to an entity selected from a qualified select bidders list or through a school purchasing cooperative. The invitation for bids, request for proposals or request for qualifications shall include a notice that all information and bids, proposals and qualifications submitted will be made available for public inspection.  The rules adopted by the state board shall prohibit the use in connection with procurement of specifications in any way proprietary to one supplier unless the specification includes all of the following:

1. A statement of the reasons no other specification is practicable.

2. A description of the essential characteristics of the specified product.

3. A statement specifically allowing an acceptable alternative product to be supplied.

C. A project or purchase may not be divided or sequenced into separate projects or purchases in order to avoid the limits prescribed by the state board under subsection A of this section.

D. A contract for the procurement of construction or construction services shall include a provision that provides for negotiations between the school district and the contractor for the recovery of damages related to expenses incurred by the contractor for a delay for which the school district is responsible, that is unreasonable under the circumstances and that was not within the contemplation of the parties to the contract.  This subsection does not void any provision in the contract that requires notice of delays, provides for arbitration or any other procedure for settlement or provides for liquidated damages.

E. The auditor general may conduct discretionary reviews, investigations and audits of the financial and operational procurement activities of school districts, nonexempt charter schools and school purchasing cooperatives. The auditor general has final review and approval authority over all school district, nonexempt charter school and school purchasing cooperative audit contracts and any audit reports issued in accordance with this section. If the attorney general has reasonable cause to believe an employee of a school district or school purchasing cooperative, or an employee of an entity that has been awarded a contract by a school district or school purchasing cooperative, has engaged in, is engaging in or is about to engage in any practice or transaction that violates the rules adopted by the state board of education pursuant to this section, the attorney general may:

1. Require that person to file on forms prescribed by the attorney general a statement or report in writing and under oath as to all the facts and circumstances concerning a violation of the rules adopted by the state board pursuant to this section by that person and any other data and information deemed necessary by the attorney general.

2. Examine under oath any person in connection with a violation of the rules adopted by the state board pursuant to this section.

F. In addition to the requirements of sections 15-914 and 15-914.01, school districts, nonexempt charter schools and school purchasing cooperatives, in connection with any audit conducted by a certified public accountant, shall contract for a systematic review of purchasing practices using methodology consistent with sampling guidelines established by the auditor general. The auditor general shall consider cost when establishing guidelines pursuant to this subsection and to the extent possible shall attempt to minimize the cost of the review. The purpose of the review is to determine whether the school district, nonexempt charter school or school purchasing cooperative is in compliance with the procurement laws and applicable procurement rules of this state.  A copy of the review shall be submitted on completion to the auditor general.  The auditor general may conduct discretionary reviews of school districts, nonexempt charter schools and school purchasing cooperatives that are not required to contract for independent audits.

G. A school district school employee who has control over personnel actions may not take reprisal against a school district school employee for that employee's disclosure of information that is a matter of public concern, including a violation of this section, to a public body pursuant to title 38, chapter 3, article 9.

H. The attorney general or county attorney has jurisdiction to enforce this section.  The attorney general or county attorney may seek relief for any violation of this section through an appropriate civil or criminal action in superior court, including an action to enjoin a threatened or pending violation of this section and including an action to enforce compliance with any request for documents made by the auditor general pursuant to this section.

I. The department of education shall enact policies and procedures for the acceptance and disposition of complaints from the public regarding school procurement practices and shall forward all school procurement complaints to the attorney general. Notwithstanding rules adopted by the state board, school districts shall not be required to prepare or submit an annual report on the benefits associated with the use of construction-manager-at-risk, design-build, qualified select bidders list and job-order-contracting methods.

J. The state board of education shall adopt, and the auditor general shall review, rules authorizing school districts to procure construction services by construction-manager-at-risk, design-build, qualified select bidders list and job-order-contracting methods of project delivery. The rules shall not require school districts to obtain bid security for the construction-manager-at-risk method of project delivery.

K. A school district or charter school may evaluate United States general services administration contracts for materials and services.  The governing board or governing body may authorize purchases under a current contract for materials or services without complying with the requirements of the procurement rules adopted by the state board of education if the governing board or governing body determines in writing that all of the following apply:

1. The price for materials or services is equal to or less than the contractor's current federal supply contract price with the general services administration.

2. The contractor has indicated in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions to the school district or charter school.

3. The purchase order adequately identifies the federal supply contract on which the order is based.

4. The purchase contract is cost effective and is in the best interests of the school district or charter school.

L. Unless otherwise provided by law, multiterm contracts for materials or services and contracts for job-order-contracting construction services may be entered into if the duration of the contract and the conditions of renewal or extension, if any, are included in the invitation for bids or the request for proposals and if monies are available for the first fiscal period at the time the contract is executed. The duration of contracts for materials or services and contracts for job-order-contracting construction services are limited to not more than five years unless the governing board determines in writing before the procurement solicitation is issued that a contract of longer duration would be advantageous to the school district. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.

M. Notwithstanding the rules adopted by the state board of education, the maximum dollar amount of an individual job order for job-order-contracting construction services is $1,000,000 or a higher or lower amount prescribed by the governing board in a policy adopted in a public meeting held pursuant to title 38, chapter 3, article 3.1. Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies the requirements of this subsection.

N. A person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or a person who supervises or participates in the planning, recommending, selecting or contracting for materials, services, goods, construction, or construction services of a school district or school purchasing cooperative is guilty of a class 6 felony if the person solicits, accepts or agrees to accept any personal gift or benefit with a value of $300 or more from a person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with the school district or school purchasing cooperative. Soliciting, accepting or agreeing to accept any personal gift or benefit with a value of less than $300 is a class 1 misdemeanor. A gift or benefit does not include an item of nominal value such as a greeting card, t-shirt, mug or pen.

O. Any person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with a school district or school purchasing cooperative that offers, confers or agrees to confer any personal gift or benefit with a value of $300 or more on a person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or on a person who supervises or participates in planning, recommending, selecting or contracting for materials, services, goods, construction or construction services of a school district or school purchasing cooperative, is guilty of a class 6 felony. Offering, conferring or agreeing to confer any personal gift or benefit with a value of less than $300 is a class 1 misdemeanor. A gift or benefit does not include an item of nominal value such as a greeting card, t-shirt, mug or pen.

P. Any person or vendor convicted under subsection O of this section may be suspended for up to six months or barred for up to three years by the director of the department of administration from doing business with school districts and school purchasing cooperatives. The director of the department of administration shall adopt rules, including administrative procedures, to suspend or bar any person from consideration for award of contracts pursuant to this section.

Q. For the purposes of this section:

1. "Gift or benefit" means a payment, distribution, expenditure, advance, deposit or donation of monies, any intangible personal property or any kind of tangible personal or real property.  Gift or benefit does not include either:

(a) Food or beverage.

(b) Expenses or sponsorships relating to a special event or function to which individuals listed in subsection N of this section are invited.

2. "Nonexempt charter school" means a charter school that is not exempted from procurement laws pursuant to section 15-183, subsection E, paragraph 6.

3. "School purchasing cooperative" means an entity that is engaged in cooperative purchasing as defined in section 41-2631.

4. "Total cost" means the cost of all materials and services, including the cost of labor performed by employees of the school district, for all construction as provided in subsection A of this section.
A.R.S. § 15-1638 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1638
15-1638 Disclosure of records and other matters; exception; definition
Status: in_force

15-1638. Disclosure of records and other matters; exception; definition

A. A nonprofit corporation that is a lessee pursuant to section 15-1637, subsection A shall disclose and make available records and other matters in the same manner as is required of a public body pursuant to title 39, chapter 1, except that the nonprofit corporation is not required to disclose or make available any records or other matters that:

1. Identify the care or treatment of an individual patient who receives services provided by the nonprofit corporation, including billings, unless the patient or patient's representative consents in writing to the disclosure.

2. Reveal proprietary information provided to the nonprofit corporation by a nongovernmental source.

3. Would cause demonstrable and material harm to the nonprofit corporation and that would place it at a competitive disadvantage in the marketplace.

4. Would violate an exception, privilege or confidentiality granted or imposed by statute or common law.

B. The provisions of this section do not apply to reports of statistical and demographic data required by section 36-125.05.

C. In this section, "nongovernmental" means an entity other than the federal government, an agency or instrumentality of the federal government or a public body as defined in section 39-121.01.
A.R.S. § 15-779.01 — Arizona Code / Title 15 / Chapter 7 / Article 4.1 / Section 779.01
15-779.01 Powers and duties of the school district governing board
Status: in_force

15-779.01. Powers and duties of the school district governing board

A. Because it is in the public interest to support unique opportunities for high-achieving and underachieving pupils who are identified as gifted, the governing board of each school district shall provide gifted education to gifted pupils identified as provided in this article.

B. The governing board shall modify the course of study and adapt teaching methods, materials and techniques to provide educationally for those pupils who are gifted and possess superior intellect or advanced learning ability, or both, but may have an educational disadvantage resulting from a disability or a difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively spoken.  Identification of gifted pupils as provided in this subsection shall be based on tests or subtests that are demonstrated to be effective with special populations including those with a disability or difficulty with the English language.

C. If a pupil who was previously identified as a gifted pupil by a school district or charter school transfers into another school district, the school district into which the pupil transferred shall determine in a timely manner whether the pupil shall be identified as a gifted pupil in that school district.  The school district into which the pupil transferred shall provide gifted education to transfer pupils who are identified as gifted without unreasonable delay.
A.R.S. § 15-726 — Arizona Code / Title 15 / Chapter 7 / Article 2 / Section 726
15-726 Purchase of textbooks and instructional computer software by schools having four or fewer teachers; welfare institutions
Status: in_force

15-726. Purchase of textbooks and instructional computer software by schools having four or fewer teachers; welfare institutions

A. In all schools having four or fewer teachers, the county school superintendent may have advisory authority to assist the governing board in the selection and ordering of textbooks and instructional computer software pursuant to this title.

B. State welfare institutions maintaining educational facilities and the various accommodation schools shall purchase textbooks and instructional computer software by the same procedures as provided for the common schools.

C. Welfare institutions shall purchase textbooks and instructional computer software with their own institutional funds, and the textbooks and instructional computer software required for the accommodation schools shall be purchased by the county school superintendents from the county school reserve funds of the various counties.
A.R.S. § 15-1125 — Arizona Code / Title 15 / Chapter 10 / Article 2 / Section 1125
15-1125 Auxiliary operations fund defined
Status: in_force

15-1125. Auxiliary operations fund defined

The auxiliary operations fund shall consist of all monies raised with the approval of the school district governing board in pursuance of and in connection with all activities of school bookstores and athletic activities.
A.R.S. § 15-978 — Arizona Code / Title 15 / Chapter 9 / Article 5 / Section 978
15-978 Classroom site fund budget limit; school district
Status: in_force

15-978. Classroom site fund budget limit; school district

The classroom site fund budget limit for each school district is the sum of the following:

1. The allocation that is computed for the school district pursuant to section 15-977, subsection G, paragraph 2.

2. The unexpended budget balance from the classroom site fund for the prior fiscal year.

3. The net interest earned on monies in the classroom site fund during the prior fiscal year.
A.R.S. § 15-133 — Arizona Code / Title 15 / Chapter 1 / Article 3 / Section 133
15-133 Certification required; employment
Status: in_force

15-133. Certification required; employment

An international teacher or professor may not be employed in this state unless the international teacher or professor has been issued proper certification.
A.R.S. § 15-249.15 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.15
15-249.15 Arizona industry credentials incentive program; distributions; report; fund
Status: in_force

15-249.15. Arizona industry credentials incentive program; distributions; report; fund

A. The Arizona industry credentials incentive program is established within the department of education to provide incentive awards to school districts, charter schools and career technical education districts for high school graduates who obtain a certification, credential or license that is accepted by a vocation or industry through a career technical education course or program.

B. On or before September 1 of each year, the office of economic opportunity shall provide an in-demand education list to the department of education that includes information related to wages, business growth and job openings and that identifies and ranks the top occupations in each industry that address a critical statewide, regional or local economic need. The office of economic opportunity shall incorporate industry feedback as part of the development of the in-demand education list.

C. On or before October 1 of each year, the department of education shall align the office of economic opportunity in-demand education list to the career technical education industry credentials list of approved career technical education programs.

D. On or before February 1 of each year, the department of education shall convene a quality skills commission to be composed of individuals from the office of economic opportunity, the department of education, the Arizona commerce authority, school districts, charter schools, career technical education districts, industry partners and business organizations to review a separate career technical education industry credentials list that includes only those certificates, credentials and licenses that would qualify for the Arizona industry credentials incentive program.

E. On or before March 1 of each year, the department of education shall publish and post on its website and submit to the joint legislative budget committee for review the career technical education industry credentials list that includes only those certificates, credentials and licenses that would qualify for the Arizona industry credentials incentive program in the subsequent school year.

F. Beginning in fiscal year 2020-2021, the department of education shall pay an incentive award of $1,000 to school districts, charter schools and career technical education districts for each student who meets both of the following conditions:

1. Demonstrates completion of high school graduation requirements pursuant to section 15-701.01 in the second school year preceding the budget year.

2. Completes a program resulting in a qualifying certificate, credential or license that is included on the career technical education industry credentials list pursuant to subsection E of this section or that was included on the list at the time the student began the program.

G. If the statewide sum of the incentive awards pursuant to subsection F of this section exceeds the amount of available monies appropriated for incentive awards, the monies shall be reduced proportionally to cover all eligible incentive awardees.  A student at the public school may generate only one $1,000 award even if the student earns more than one qualified certificate, credential or license. The department of education shall disburse the award amount for a student to the school district, charter school or career technical education district that the student attended for coursework related to the industry credential award being paid on that student's behalf. If the student received that coursework at more than one school district, charter school or career technical education district, the award amount shall be allocated on a pro rata basis in a manner determined by the department of education.

H. A school district, charter school or career technical education district that receives an incentive award pursuant to this section shall spend these monies on any of the following:

1. For instructional costs and professional development for a career technical education program teacher to become a certifying professional for an approved certificate, credential or license.

2. To offset the students' cost of certification, credentialing or licensure.

3. For developmental costs related to creating, expanding or improving an approved site of a certificate, credential or license career technical education program or course.

4. For instructional hardware, software or supplies required for the certification, credentialing or licensure.

5. For career exploration in any school grade and awareness activities for parents, students and the community for the approved sectors.

I. Any incentive award monies received by a school district, charter school or career technical education district pursuant to this section shall be separately accounted for in the school district's, charter school's or career technical education district's annual financial report within the career technical education line item with the intent that school districts, charter schools and career technical education districts report on the expenditures as specified in subsection H of this section.

J. Subject to review and approval of the state board of education, the department of education shall establish the format of the online application, the submission of data, the reporting requirements, including submittal of data through a designated online portal, and audit procedures for the Arizona industry credentials incentive program.

K. Subject to the review and approval of the state board of education, on or before February 1 of each year, the department of education shall submit to the president of the senate, the speaker of the house of representatives, the governor and the secretary of state a report that summarizes all of the following for the prior fiscal year:

1. The number of students at each school, by grade level, who were enrolled in a career technical education program or course with a qualifying certificate, credential or license.

2. The number of high school graduates at each school who completed a career technical education program and obtained a qualifying certificate, credential or license.

3. The incentive awards distributed to each school.

4. The number and types of certificates, credentials and licenses obtained by students who received incentive awards.

L. The Arizona industry credentials incentive fund is established consisting of monies appropriated for this purpose. The department of education shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 15-187 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 187
15-187 Charter schools; teachers; employment benefits
Status: in_force

15-187. Charter schools; teachers; employment benefits

A. A teacher who is employed by or teaching at a charter school and who was previously employed as a teacher at a school district shall not lose any right of certification, retirement or salary status or any other benefit provided by law, by the rules of the governing board of the school district or by the rules of the board of directors of the charter school due to teaching at a charter school on the teacher's return to the school district.

B. A teacher who is employed by or teaching at a charter school and who submits an employment application to the school district where the teacher was employed immediately before employment by or at a charter school shall be given employment preference by the school district if both of the following conditions are met:

1. The teacher submits an employment application to the school district not later than three years after ceasing employment with the school district.

2. A suitable position is available at the school district.

C. A charter school that is sponsored by a university, a community college district, a group of community college districts, the state board of education or the state board for charter schools is eligible to participate in the Arizona state retirement system pursuant to title 38, chapter 5, article 2. The charter school is a political subdivision of this state for purposes of title 38, chapter 5, articles 2 and 2.1.

D. Notwithstanding any other law, a charter school shall not adopt policies that provide employment retention priority for teachers based on tenure or seniority.
A.R.S. § 15-512 — Arizona Code / Title 15 / Chapter 5 / Article 1 / Section 512
15-512 Noncertificated personnel; fingerprinting personnel; background investigations; affidavit; civil immunity; violation; classification; definition
Status: in_force

15-512. Noncertificated personnel; fingerprinting personnel; background investigations; affidavit; civil immunity; violation; classification; definition

A. Noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee and who are initially hired by a school district after January 1, 1990 shall be fingerprinted as a condition of employment except for personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment or for personnel who were previously employed by a school district and who reestablished employment with that district within one year after the date that the employee terminated employment with the district. A school district may require noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee to obtain a fingerprint clearance card as a condition of employment. Even if the school district does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee may apply for a fingerprint clearance card. A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes. The employee's fingerprints and the form prescribed in subsection D of this section shall be submitted to the school district within twenty days after the date an employee begins work. A school district may terminate an employee if the information on the form provided under subsection D of this section is inconsistent with the information received from the fingerprint check or the information received in connection with a fingerprint clearance card application. The school district shall develop procedures for fingerprinting employees. For the purposes of this subsection, "supervised" means being under the direction of and, except for brief periods of time during a school day or school activity, within sight of a certificated employee when providing direct services to pupils.

B. Fingerprints submitted pursuant to this section shall be used to conduct a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. The school district shall assume the costs of fingerprint checks and fingerprint clearance cards and may charge these costs to its fingerprinted employee, except that the school district may not charge the costs of the fingerprint check or the fingerprint clearance card to personnel of the school district who are not paid employees.  The fees charged for fingerprinting shall be deposited with the county treasurer who shall credit the deposit to the fingerprint fund of the school district.  The costs charged to a fingerprinted employee are limited to and the proceeds in the fund may only be applied to the actual costs, including personnel costs, incurred as a result of the fingerprint checks or the fingerprint clearance cards. The fingerprint fund is a continuing fund that is not subject to reversion.

D. Personnel required to be fingerprinted or obtain a fingerprint clearance card as prescribed in subsection A of this section shall certify on forms that are provided by the school and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction, including a charge or conviction that has been vacated, set aside or expunged:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.

13. Burglary in the first degree.

14. Burglary in the second or third degree.

15. Aggravated or armed robbery.

16. Robbery.

17. A dangerous crime against children as defined in section 13-705.

18. Child abuse.

19. Sexual conduct with a minor.

20. Molestation of a child.

21. Manslaughter.

22. Aggravated assault.

23. Assault.

24. Exploitation of minors involving drug offenses.

E. A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction. A school district that is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated. In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15-534, subsection C.  In considering whether to hire or terminate the employment of a person, the governing board shall take into account the following factors:

1. The nature of the crime and the potential for crimes against children.

2. Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court.

3. Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted.

4. The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person.

5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.

F. Before a person is employed with the school district, the district shall make documented, good faith efforts to contact previous employers of the person to obtain information and recommendations that may be relevant to the person's fitness for employment, including conducting a search of the educator information system that is maintained by the department of education pursuant to section 15-505. A school district may not employ in a position that requires a valid fingerprint clearance card a person against whom the state board of education has taken disciplinary action as prescribed in section 15-505 or whose certificate has been suspended, surrendered or revoked, unless the state board has subsequently reinstated the person's certificate. A governing board shall adopt procedures for conducting background investigations required by this subsection, including one or more standard forms for use by school district officials to document their efforts to obtain information from previous employers. A school district may provide information received as a result of a background investigation required by this section to any other school district, to any other public school and to any public entity that agrees pursuant to a contract or intergovernmental agreement to perform background investigations for school districts or other public schools. School districts and other public schools may enter into intergovernmental agreements pursuant to section 11-952 and cooperative purchasing agreements pursuant to rules adopted in accordance with section 15-213 for the purposes of performing or contracting for the performance of background investigations and for sharing the results of background investigations required by this subsection. Information obtained about an employee or applicant for employment by any school district or other public school in the performance of a background investigation, including any records indicating that a current or former employee of a school or school district was disciplined for violating policies of the school district governing board pursuant to section 15-153, may be retained by that school district or the other public school or by any public entity that agrees pursuant to contract to perform background investigations for school districts or other public schools and may be provided to any school district or other public school that is performing a background investigation required by this subsection.

G. A school district may fingerprint or require any other employee of the district to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the school district not otherwise required by this section to be fingerprinted or obtain a fingerprint clearance card on the condition that the school district may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee.

H. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.  A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils.  A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.

I. Subsection A of this section does not apply to a person who provides instruction or other education services to a pupil, with the written consent of the parent or guardian of the pupil, under a work release program, advance placement course or other education program that occurs off school property.

J. Public entities that agree pursuant to contract to perform background investigations, public schools, the department of education, the state board of education and previous employers who provide information pursuant to this section are immune from civil liability unless the information provided is false and is acted on by the school district to the harm of the employee and the public entity, the public school, the previous employer, the state board of education or the department of education knows the information is false or acts with reckless disregard of the information's truth or falsity. A school district that relies on information obtained pursuant to this section in making employment decisions is immune from civil liability for use of the information unless the information obtained is false and the school district knows the information is false or acts with reckless disregard of the information's truth or falsity.

K. The superintendent of a school district or chief administrator of a charter school or the person's designee who is responsible for implementing the governing board's policy regarding background investigations required by subsection F of this section and who fails to carry out that responsibility is guilty of unprofessional conduct and is subject to disciplinary action by the state board.

L. A school district may hire noncertificated personnel before receiving the results of the fingerprint check or a fingerprint clearance card but may terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check or the fingerprint clearance card. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, a school district may hire noncertificated personnel who are required or allowed unsupervised contact with pupils before the results of a fingerprint check are received or a fingerprint clearance card is issued if the school district does all of the following:

1. Documents in the applicant's file the necessity for hiring and placing the applicant before a fingerprint check could be completed or a fingerprint clearance card could be issued.

2. Ensures that the department of public safety completes a statewide criminal history information check on the applicant every one hundred twenty days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.

3. Obtains references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.

4. Provides general supervision of the applicant until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.

5. Reports to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check or the issuance of a fingerprint clearance card. In addition, the school district shall report the number of applicants for whom fingerprint checks were not received or fingerprint clearance cards were not issued after one hundred twenty days and after one hundred seventy-five days of hire.

M. Notwithstanding any other law, this section does not apply to pupils who attend school in a school district and who are also employed by a school district.

N. A person who makes a false statement, representation or certification in any application for employment with the school district is guilty of a class 3 misdemeanor.

O. For the purposes of this section, "background investigation" means any communication with an employee's or applicant's former employer that concerns the education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purpose of evaluating the employee or applicant for employment. Background investigation does not include the results of any state or federal criminal history records check.
A.R.S. § 15-2404 — Arizona Code / Title 15 / Chapter 19 / Article 1 / Section 2404
15-2404 State control over nonpublic schools; prohibition; application
Status: in_force

15-2404. State control over nonpublic schools; prohibition; application

A. This chapter does not permit any government agency to exercise control or supervision over any nonpublic school or homeschool.

B. A qualified school that accepts a payment from a parent pursuant to this chapter is not an agent of the state or federal government.

C. A qualified school shall not be required to alter its creed, practices, admissions policy or curriculum in order to accept students whose parents pay tuition or fees from an empowerment scholarship account pursuant to this chapter in order to participate as a qualified school.

D. In any legal proceeding challenging the application of this chapter to a qualified school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on qualified schools.
A.R.S. § 15-1473 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1473
15-1473 Uniform system of accounting for community college districts; duties of auditor general; posting; budget; accepting audit results
Status: in_force

15-1473. Uniform system of accounting for community college districts; duties of auditor general; posting; budget; accepting audit results

A. The auditor general shall determine the accounting systems, accounting methods and accounting procedures for use by the community college districts.

B. The auditor general, in conjunction with the community college districts, shall prescribe a uniform system of accounting as provided in section 41-1279.21 for use by all community college districts.

C. The financial statements required to be filed with the auditor general pursuant to section 41-1279.07 must be posted in a prominent location on the official website of the community college district not later than seven business days after the date of filing the financial statements with the auditor general. The financial statements must be retained and accessible in a prominent location on the official website for at least sixty months.  If the financial statements are not filed pursuant to section 41-1279.07, the form as prescribed by subsection D of this section shall be posted on the website of the community college district in place of the financial statements until the financial statements are filed.

D. If the financial statements for a community college district are not completed and filed as prescribed by section 41-1279.07 on or before the adoption of the community college district budget in the subsequent fiscal year, the board of directors must include a form, prescribed by the auditor general, in the published budget in the subsequent fiscal year pursuant to section 15-1461 stating that the financial statements required to be filed with the auditor general pursuant to section 41-1279.07 are pending, the reasons for the delay and the estimated date of completion.

E. If the community college district board of directors is required to complete the form as prescribed by subsection D of this section, the board of directors shall send a copy of the form to the auditor general, the speaker of the house of representatives and the president of the senate.

F. Within ninety days after completing an audit pursuant to this section, the community college district board of directors shall require the auditor who performed the audit to present the audit results and any findings to the board in a regular meeting without the use of a consent agenda, and the board shall demonstrate compliance with section 41-1494.
A.R.S. § 15-1643 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1643
15-1643 Arizona area health education system; centers; governing boards; duties
Status: in_force

15-1643. Arizona area health education system; centers; governing boards; duties

A. The Arizona board of regents shall establish the Arizona area health education system in the college of medicine of the university of Arizona. The board shall appoint a system director.

B. The system shall consist of six area health education centers administered by the director of the Arizona area health education system. Each center shall represent a geographic area with specified populations that the system determines currently lack services by the health care professions.  One center shall focus on the Indian health care delivery system.

C. The Arizona board of regents shall appoint a governing board for each center consisting of not fewer than ten people and not more than twenty people. Board membership shall consist of health care providers and consumers and shall reflect the ethnic representation of the center's geographic area. Each governing board shall make recommendations to the director regarding health professionals' educational needs, local program priorities and the allocation of system monies. Board members are not eligible to receive compensation or reimbursement of expenses.

D. Each center shall conduct:

1. Physician and other health professional education programs that consist of any of the following:

(a) An undergraduate clinical training program.

(b) A graduate program.

(c) Postgraduate continuing education.

2. Programs to recruit and retain minority students in health professions.

3. Continuing education programs for health professionals.

E. The director shall submit a written report on or before November 15 of each year to the governor, the president of the senate and the speaker of the house of representatives. The report shall contain the following:

1. The fiscal status of each center.

2. Information regarding center education, outreach and training programs.

3. Information regarding placement of health care personnel in areas the director determines are underserved by these professionals.

4. An assessment of system accomplishments.

5. Recommendations for possible legislative action.

F. The system shall provide expertise and administrative services to each center.
A.R.S. § 15-2402 — Arizona Code / Title 15 / Chapter 19 / Article 1 / Section 2402
15-2402 Arizona empowerment scholarship accounts; funds
Status: in_force

15-2402. Arizona empowerment scholarship accounts; funds

A. Arizona empowerment scholarship accounts are established to provide options for the education of students in this state.

B. To enroll a qualified student for an Arizona empowerment scholarship account, the parent of the qualified student must sign an agreement to do all of the following:

1. Use a portion of the Arizona empowerment scholarship account monies allocated annually to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science, unless the Arizona empowerment scholarship account is allocated monies according to a transfer schedule other than quarterly transfers pursuant to section 15-2403, subsection G.

2. Not enroll the qualified student in a school district or charter school and release the school district from all obligations to educate the qualified student.  This paragraph does not:

(a) Relieve the school district or charter school that the qualified student previously attended from the obligation to conduct an evaluation pursuant to section 15-766.

(b) Require the qualified student to withdraw from a school district or charter school before enrolling for an Arizona empowerment scholarship account if the qualified student withdraws from the school district or charter school before receiving any monies in the qualified student's Arizona empowerment scholarship account.

(c) Prevent the qualified student from applying in advance for an Arizona empowerment scholarship account to be funded beginning the following school year, subject to section 15-2403, subsection H.

3. Not accept a scholarship from a school tuition organization pursuant to title 43 concurrently with an Arizona empowerment scholarship account for the qualified student in the same year a parent signs the agreement pursuant to this section.

4. Use monies deposited in the qualified student's Arizona empowerment scholarship account only for the following expenses of the qualified student:

(a) Tuition or fees at a qualified school that requires all teaching staff and personnel who have unsupervised contact with students to be fingerprinted.

(b) Textbooks required by a qualified school.

(c) If the qualified student meets any of the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) as determined by a school district or by an independent third party pursuant to section 15-2403, subsection J, the qualified student may use the following additional services:

(i) Educational therapies from a licensed or accredited practitioner or provider, including and up to any amount not covered by insurance if the expense is partially paid by a health insurance policy for the qualified student.

(ii) A licensed or accredited paraprofessional or educational aide.

(iii) Tuition for vocational and life skills education approved by the department.

(iv) Associated goods and services that include educational and psychological evaluations, assistive technology rentals and braille translation goods and services approved by the department.

(d) Tutoring or teaching services provided by an individual who is not subject to disciplinary action by the state board of education for immoral or unprofessional conduct pursuant to section 15-505 or 15-534.04 or a facility that is accredited by a state, regional or national accrediting organization. The department shall ensure any individual who provides tutoring or teaching services to one or more qualified students pursuant to this subdivision is not subject to disciplinary action by the state board of education.  The department shall also remove any individual who is subject to disciplinary action by the state board of education from all platforms that the department provides to parents and qualified students for the purchase of goods or educational services using account monies.

(e) Curricula and supplementary materials.

(f) Tuition or fees for a nonpublic online learning program.

(g) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination or any exams related to college or university admission.

(h) Tuition or fees at an eligible postsecondary institution.

(i) Textbooks required by an eligible postsecondary institution.

(j) Fees to manage the Arizona empowerment scholarship account.

(k) Services provided by a public school, including individual classes and extracurricular programs.

(l) Insurance or surety bond payments.

(m) Uniforms purchased from or through a qualified school.

(n) If the qualified student meets the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) and if the qualified student is in the second year prior to the final year of a contract executed pursuant to this article, costs associated with an annual education plan conducted by an independent evaluation team. The department shall prescribe minimum qualifications for independent evaluation teams pursuant to this subdivision and factors that teams must use to determine whether the qualified student shall be eligible to continue to receive monies pursuant to this article through the school year in which the qualified student reaches twenty-two years of age. An independent evaluation team that provides an annual education plan pursuant to this subdivision shall submit a written report that summarizes the results of the evaluation to the parent of the qualified student and to the department on or before July 31. The written report submitted by the independent evaluation team is valid for one year. If the department determines that the qualified student meets the eligibility criteria prescribed in the annual education plan, the qualified student is eligible to continue to receive monies pursuant to this article until the qualified student reaches twenty-two years of age, subject to annual review. A parent may appeal the department's decision pursuant to title 41, chapter 6, article 10. As an addendum to a qualified student's final-year contract, the department shall provide the following written information to the parent of the qualified student:

(i) That the qualified student will not be eligible to continue to receive monies pursuant to this article unless the results of an annual education plan conducted pursuant to this subdivision demonstrate that the qualified student meets the eligibility criteria prescribed in the annual education plan.

(ii) That the parent is entitled to obtain an annual education plan pursuant to this subdivision to determine whether the qualified student meets the eligibility criteria prescribed in the annual education plan.

(iii) A list of independent evaluation teams that meet the minimum qualifications prescribed by the department pursuant to this subdivision.

(o) Public transportation services in this state, including a commuter pass for the qualified student, or transportation network services as defined in section 28-9551 between the qualified student's residence and a qualified school in which the qualified student is enrolled.

(p) Computer hardware and technological devices primarily used for an educational purpose. For the purposes of this subdivision, "computer hardware and technological devices":

(i) Includes calculators, personal computers, laptops, tablet devices, microscopes, telescopes and printers.

(ii) Does not include entertainment and other primarily noneducational devices, including televisions, telephones, video game consoles and accessories, and home theatre and audio equipment.

5. Not file an affidavit of intent to homeschool pursuant to section 15-802, subsection B, paragraph 2 or 3.

6. Not use monies deposited in the qualified student's account for any of the following:

(a) Computer hardware or other technological devices, except as otherwise allowed under paragraph 4, subdivision (c) or (p) of this subsection.

(b) Transportation of the pupil, except for transportation services described in paragraph 4, subdivision (o) of this subsection.

C. In exchange for the parent's agreement pursuant to subsection B of this section, the department shall transfer from the monies that would otherwise be allocated to a recipient's prior school district, or if the child is currently eligible to attend a preschool program for children with disabilities, a kindergarten program or any of grades one through twelve, the monies that the department determines would otherwise be allocated to a recipient's expected school district of attendance, to the treasurer for deposit into an Arizona empowerment scholarship account an amount that is equivalent to ninety percent of the sum of the base support level and additional assistance prescribed in sections 15-185 and 15-943 for that particular student if that student were attending a charter school.

D. The department of education empowerment scholarship account fund is established consisting of monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. Monies in the fund shall be used for the department's costs in administering Arizona empowerment scholarship accounts under this chapter. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If the number of Arizona empowerment scholarship accounts significantly increases after fiscal year 2020-2021, the department may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113. The department shall list monies in the fund as a separate line item in its budget estimate.

E. The state treasurer empowerment scholarship account fund is established consisting of monies appropriated by the legislature. The state treasurer shall administer the fund.  Monies in the fund shall be used for the state treasurer's costs in administering the Arizona empowerment scholarship accounts under this chapter. If the number of Arizona empowerment scholarship accounts significantly increases after fiscal year 2020-2021, the state treasurer may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113. Monies in the fund are subject to legislative appropriation.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The state treasurer shall list monies in the fund as a separate line item in its budget estimate.

F. A parent must renew the qualified student's Arizona empowerment scholarship account on an annual basis. The department of education shall verify that the parent's child is a qualified student as defined in section 15-2401 or 15-2401.01 in the year for which the parent seeks to renew the Arizona empowerment scholarship account.  This subsection does not require the department to annually verify the child's disability for the purpose of section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii), if applicable.

G. Notwithstanding any changes to the student's multidisciplinary evaluation team plan, a student who has previously qualified for an Arizona empowerment scholarship account remains eligible to apply for renewal until the student finishes high school.

H. If a parent does not renew the qualified student's Arizona empowerment scholarship account for a period of three academic years, the department shall notify the parent that the qualified student's account will be closed in sixty calendar days. The notification must be sent through certified mail, email and telephone, if applicable.  The parent has sixty calendar days to renew the qualified student's Arizona empowerment scholarship account. If the parent chooses not to renew or does not respond in sixty calendar days, the department shall close the account and any remaining monies shall be returned to the state.

I. A signed agreement under this section constitutes school attendance required by section 15-802.

J. A qualified school or a provider of services purchased pursuant to subsection B, paragraph 4 of this section may not share, refund or rebate any Arizona empowerment scholarship account monies with the parent or qualified student in any manner.

K. Notwithstanding subsection H of this section, on the qualified student's graduation from a postsecondary institution or after any period of four consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, but not before this time as long as the account holder continues using a portion of account monies for allowable expenses each year and is in good standing, the qualified student's Arizona empowerment scholarship account shall be closed and any remaining monies shall be returned to the state.

L. Monies received pursuant to this article do not constitute taxable income to the parent of the qualified student.
A.R.S. § 15-425 — Arizona Code / Title 15 / Chapter 4 / Article 2 / Section 425
15-425 Election to determine whether membership of governing board shall increase to five members; form of ballot; reconsideration procedure if negative vote; appointment or election of new members
Status: in_force

15-425. Election to determine whether membership of governing board shall increase to five members; form of ballot; reconsideration procedure if negative vote; appointment or election of new members

A. A qualified elector of a school district may submit to the county school superintendent a petition, signed by not less than ten per cent of the qualified school electors of the district, requesting the county school superintendent to call a special election to determine whether or not the number of members of the governing board for the school district should be increased to five. Upon receipt of the petition, in proper form and with the necessary signatures, the county school superintendent shall thereafter call a special election not later than ninety days prior to the general election to determine the question of whether the membership of the governing board for the school district shall be increased to five.

B. Public notices of a special election called to determine whether there shall be five governing board members shall be posted in not less than three public places in the district at least ten days prior to the election. The election shall be held as prescribed by the county school superintendent and electors shall possess the qualifications as prescribed for the election of governing board members.

C. The ballots shall contain the words: "Five governing board members, yes. Five governing board members, no."

D. If the majority of the electors voting on the question votes in the affirmative, the school district shall elect five governing board members, as provided in section 15-424. If the majority of the electors voting on the question of increasing the number of governing board members votes in the negative, the question shall not again be placed upon the ballot of an election in the district until the lapse of one year from the date of such election.

E. Notwithstanding section 15-424 and subsection D of this section, if the voters approve an increase in the size of the governing board at least one year before the next general election, the county school superintendent may appoint the two new members or call a special election pursuant to section 15-302.

F. The term of the two new members appointed by the county school superintendent or elected through a special election expires January 1 following the next general election. At the first general election following the increase in the size of the governing board, the candidates elected and their terms shall be determined pursuant to section 15-424, subsection C.
A.R.S. § 15-1606 — Arizona Code / Title 15 / Chapter 13 / Article 1 / Section 1606
15-1606 Correspondence and extension courses
Status: in_force

15-1606. Correspondence and extension courses

The universities may offer extension courses at places within the state other than the city where the institution is located, and correspondence courses may be given.
A.R.S. § 15-741.01 — Arizona Code / Title 15 / Chapter 7 / Article 3 / Section 741.01
15-741.01 Goals for excellence
Status: in_force

15-741.01. Goals for excellence

A. Based on the data reported on the report cards as prescribed in this article, the state board shall adopt specific state level objectives for each of the following goal areas:

1. Achievement levels of pupils at the end of grade three, grade eight and grade twelve.

2. Dropout and high school graduation rates.

3. Postsecondary employment and college enrollment rate.

B. Local district governing boards shall establish specific district level objectives and shall prescribe a method for schools in the district to establish school level objectives for the goal areas in subsection A, as prescribed by the state board.

C. The state board shall publish in the appropriate report cards the objectives written by the state, the districts and the schools, and the state board, districts and schools shall review and revise, if needed, their own objectives annually.
A.R.S. § 15-1702 — Arizona Code / Title 15 / Chapter 13 / Article 6 / Section 1702
15-1702 Arizona board of regents; state higher education agency; state scholarship grant agency
Status: in_force

15-1702. Arizona board of regents; state higher education agency; state scholarship grant agency

A. The Arizona board of regents shall serve as the state higher education agency as identified in 20 United States Code section 1003(22) and as the state scholarship grant agency to exchange data electronically with the United States department of education in the student aid internet gateway.

B. The Arizona board of regents shall administer the applicable programs as identified in this article and as established by the higher education amendments of 1998 (P.L. 105–244; 112 Stat. 1581) for the state higher education agency and the state scholarship grant agency.