A.R.S. § 15-2405 — Arizona Code / Title 15 / Chapter 19 / Article 1 / Section 2405
15-2405 Arizona empowerment scholarship accounts parent oversight committee; membership; duties
Status: in_force

15-2405. Arizona empowerment scholarship accounts parent oversight committee; membership; duties

A. The Arizona empowerment scholarship accounts parent oversight committee is established consisting of six members who are parents of qualified students who receive Arizona empowerment scholarship account monies under this chapter.  The members shall be appointed as follows:

1. One member who is appointed by the president of the senate.

2. One member who is appointed by the speaker of the house of representatives.

3. One member who is appointed by the minority leader of the senate.

4. One member who is appointed by the minority leader of the house of representatives.

5. Two members who are appointed by the governor.

B. At a minimum, the members appointed pursuant to subsection A, paragraphs 1, 2, 3 and 4 of this section shall be parents of qualified students who both:

1. Meet any of the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) as determined by an independent third party pursuant to section 15-2403, subsection I.

2. Use monies deposited in the qualified student's Arizona empowerment scholarship account for expenses as prescribed in section 15-2402, subsection B, paragraph 4, subdivision (c).

C. The members of the committee shall annually elect a chairperson from among its members.

D. The committee shall meet at least once each calendar quarter. A majority of the membership constitutes a quorum for the transaction of business.

E. The committee shall collaborate and interact with the department, the state board of education, the attorney general and, as appropriate, the auditor general to review all of the following:

1. The implementation of policies and procedures relating to the Arizona empowerment scholarship account program under this chapter and the program's effectiveness.

2. The concerns of parents of qualified students who receive Arizona empowerment scholarship account monies under this chapter.

3. The work of the ombudsman-citizens aide on complaints associated with administering the Arizona empowerment scholarship account program.

F. A parent may not serve on the committee if any of the following applies:

1. The parent is an employee or the relative of an employee of the department.

2. The parent receives monies or compensation from or is otherwise associated in any manner with a lobbyist organization, a school choice advocacy group or a private financial management firm that manages Arizona empowerment scholarship accounts pursuant to section 15-2403, subsection A.

3. The parent provides goods or services to qualified students that are purchased pursuant to section 15-2402, subsection B, paragraph 4.
A.R.S. § 15-1650.05 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1650.05
15-1650.05 COVID-19 vaccine; face covering; testing; mandate prohibition; exceptions
Status: in_force

15-1650.05. COVID-19 vaccine; face covering; testing; mandate prohibition; exceptions

(L21, Ch. 410, sec. 2)

A. Except as otherwise provided in this section, the Arizona board of regents, a public university or a community college may not require that a student obtain a COVID-19 vaccination or show proof of receiving a COVID-19 vaccination or place any conditions on attendance or participation in classes or academic activities, including mandatory testing or face covering usage, if the person chooses not to obtain a COVID-19 vaccination or disclose whether the person has been vaccinated against COVID-19, unless the vaccination or other mandate is required by the laws of this state.

B. A health care institution may require a student who participates in a clinical setting at the health care institution to provide proof of COVID-19 vaccination and be subject to regular health screenings and testing as determined by the health care institution.  For the purposes of this subsection, "health care institution" includes a hospital, a nursing care institution, a residential care institution, an intermediate care facility for individuals with intellectual disabilities and a group home or other medical facility licensed pursuant to title 36.

C. A public university may require testing only if a significant COVID-19 outbreak occurs in a shared student housing setting that poses a risk to the students or staff.  The university must receive approval from the department of health services before implementing the testing requirement.

D. This section does not apply to students who are engaged in research or testing that involves a live COVID-19 virus.
A.R.S. § 15-1636 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1636
15-1636 Lease of real property and improvements in research park; prohibited and permitted uses
Status: in_force

15-1636. Lease of real property and improvements in research park; prohibited and permitted uses

A. The board shall not lease real property located in an area defined as a research park pursuant to section 35-701 unless the lease contains a covenant that prohibits unlimited manufacturing on the site and allows the board to enforce the covenant by appropriate means, which may include termination of the lease.

B. The board may take title to and lease improvements constructed on land located in an area defined as a research park pursuant to section 35-701 if the lease contains a covenant that restricts the use of the subject property to the uses permitted under this section. The lease shall allow the board to enforce the covenant by appropriate means, including termination of the lease. The board may lease unimproved lots or parcels located in an area defined as a research park pursuant to section 35-701 for any use by a lessee.

C. The requirements of subsection B of this section do not apply to improvements constructed before July 20, 1996 or to a lease entered into between the board and a lessee, subsidiary, successor, sublessee or assignee of a lessee, who originally entered into any lease with the board before July 31, 1996.

D. The subject property may be used only for the following purposes:

1. Laboratories, offices and other facilities for testing, consulting and information processing, related to research and development.

2. Production, assembly or sale of products pursuant to research and development activities.

3. Pilot plants in which processes planned for use in production elsewhere can be tested and assembled.

4. Regional or national headquarters of the lessee or its subsidiaries that are engaged in research and development or education activities.

5. Education and training facilities.

6. Operations required to maintain or support any permitted use, including maintenance shops, power plants, wastewater treatment facilities, the keeping of animals, machine shops, common area improvements and facilities and professional and commercial services supporting permitted uses, such as child development centers, food services and post office and mailing centers.
A.R.S. § 15-1625 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1625
15-1625 General powers of board as body corporate
Status: in_force

15-1625. General powers of board as body corporate

A. The Arizona board of regents is a body corporate with perpetual succession. The board has jurisdiction and control over the universities.

B. The board may:

1. Adopt a corporate seal.

2. Contract.

3. Sue and be sued.

4. Purchase, receive, hold, make and take leases and long-term leases of and sell real and personal property for the benefit of this state and for the use of the institutions under its jurisdiction.
A.R.S. § 15-764 — Arizona Code / Title 15 / Chapter 7 / Article 4 / Section 764
15-764 Powers and duties of the school district governing board or county school superintendent
Status: in_force

15-764. Powers and duties of the school district governing board or county school superintendent

A. The governing board of each school district or the county school superintendent shall:

1. Provide special education and related services for all children with disabilities and make such programs and services available to all eligible children with disabilities who are at least three years but less than twenty-two years of age, except that a person who is being provided special education services at the time the person reaches twenty-two years of age shall continue to receive special education services from that school district until the end of that school year.

2. Employ supportive special personnel, which may include a director of special education, for the operation of special school programs and services for exceptional children.

3. To the extent appropriate, educate children with disabilities in the regular education classes.  Special classes, separate schooling or other removal of children with disabilities from the regular educational environment shall occur only if, and to the extent that, the nature or severity of the disability is such that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.

4. Provide necessary specialized transportation in connection with any educational program, class or service as required by the pupil's individualized education program.

5. Establish policy with regard to allowable pupil-teacher ratios and pupil-staff ratios within the school district or county for provision of special education services.

B. The special education programs and services established pursuant to this section and section 15-765 shall be conducted only in a school facility which houses regular education classes or in other facilities approved by the division of special education.

C. The governing body of each school district, county or agency involved in intergovernmental agreements, in cooperation with another school district or districts, may establish special education programs for exceptional children.  When two or more governing bodies determine to carry out by joint agreement the duties in regard to the special education programs for exceptional children, the governing bodies, in accordance with state law and the rules of the division of special education, shall establish a written agreement for the provision of services.  In such agreements, one governing body of each school district, an agency involved in intergovernmental agreements or the county shall administer the program in accordance with the contract agreement between the school districts. Tuition students may be included in the agreement.  The agreement may also include lease-purchase of facilities for the special education programs for exceptional children.

D. The county school superintendent, upon approval of the division of special education, may establish special education programs in the county accommodation schools under the jurisdiction of the superintendent or may cooperate with other school districts by agreement to provide such services for such special programs in accordance with the rules of the division of special education.  At the beginning of each school year the county school superintendent shall present an estimate of the current year's accommodation school exceptional programs tuition cost to each school district that has signed an agreement to use the services of the accommodation school. The tuition shall be the estimated per capita cost based on the number of pupils that each school district has estimated will enroll in the program, and the school district shall pay the tuition quarterly in advance on July 1, October 1, January 1 and April 1. Increases in enrollment during the school year over the school district's estimate of July 1 shall cause the tuition charges to be adjusted accordingly.  In the event of overpayment by the school district of residence, the necessary adjustment shall be made at the close of the school year.
A.R.S. § 15-732 — Arizona Code / Title 15 / Chapter 7 / Article 2.1 / Section 732
15-732 Powers and duties; state board of education; governing boards
Status: in_force

15-732. Powers and duties; state board of education; governing boards

A. The state board of education shall adopt rules on or before August 1, 2005 that require all school districts and other public schools to purchase adopted printed and nonprinted instructional materials for which accessible electronic files are available or, in the case of nonprinted instructional materials delivered on line, that comply with subsection B of this section.  The rules shall establish procedures and timelines to ensure that accessible materials are distributed to a child with a disability at the same time that printed and nonprinted instructional materials are distributed to other students.  The rules shall require the vendor to submit the accessible electronic files to one or more authorized entities, for conversion by such authorized entities into accessible formats for use by a child with a disability.  The rules shall prohibit unauthorized copying, modification and distribution of the accessible electronic files, including distribution of unencrypted or reproducible accessible electronic files to other than authorized entities.  This section applies only to newly adopted printed and nonprinted instructional materials adopted after the 2005-2006 school year and with an original copyright date of 2004 or later.

B. On-line nonprinted instructional materials shall be deemed compliant for purposes of subsection A of this section if they meet or exceed standards for internet accessibility, as set forth in section 508 of the rehabilitation act of 1973, as amended by 29 United States Code section 794d, and regulations implementing that act as set forth in part 1194 of title 36 of the Code of Federal Regulations.

C. Printed and on-line nonprinted instructional materials are exempt from this article if providing an accessible electronic file would do any of the following:

1. Fundamentally alter the nature of the instructional activity.

2. Result in undue financial and administrative burdens on any state agency, school district or school.

3. Cause such resources not to meet state content standards, adoption criteria or other applicable specifications.

D. The governing board of each school district or the governing body of another public school that solicits bids pursuant to this section shall provide written notification of the requirements of this article and related and subsequent rules to vendors before soliciting bids for printed and nonprinted instructional materials.

E. This section does not permit reproduction, modification or distribution of accessible electronic files or of printed or nonprinted instructional materials without the permission of the copyright holder, and does not require vendors or copyright holders to provide copies or authorize uses of the electronic files or instructional materials without compensation, except as provided by 17 United States Code section 121.  School districts and other public schools shall certify that no reproduction or modification shall occur without the express authorization of the copyright holder while materials are in the custody of the school district or other public school.

F. Nothing in this section reduces the obligation of the state board of education and the governing board of a school district or the governing body of another public school to provide for the instruction of visually impaired pupils in the use of braille or to provide braille textbooks as prescribed in section 15-214.

G. If a national file format is adopted by the United States department of education, nothing in this section requires publishers to produce accessible electronic files that are inconsistent with or more stringent than the specifications of the nationally adopted file format.

H. Nothing in this section shall be construed to apply to a private school.
A.R.S. § 15-825.02 — Arizona Code / Title 15 / Chapter 8 / Article 2 / Section 825.02
15-825.02 Certificates of educational convenience; unorganized territory
Status: in_force

15-825.02. Certificates of educational convenience; unorganized territory

A. If the annual number of certificates of educational convenience or students attending through open enrollment into any adjacent school district from a single unorganized territory exceeds one hundred fifty, the superintendent of public instruction shall notify the county school superintendent and the county school superintendent shall notify the residents of the unorganized territory that the residents are required to join an adjacent school district.  If the adjacent school district is a common school district that is within the boundaries of a union high school district, the unorganized territory shall join both the common school district and the union high school district.  If the adjacent school district is a common school district that is not within the boundaries of a high school district, the unorganized territory shall join the common school district, and high school pupils who reside in the previously unorganized territory shall be educated in the same manner as high school pupils who reside in the common school district.

B. The superintendent of public instruction shall notify the county school superintendent that the conditions prescribed in subsection A have occurred, and the county school superintendent shall prepare a ballot question to be voted on by the residents of the unorganized territory at the next general election to determine whether to join an adjacent existing school district.

C. Students attending an adjacent existing school district through open enrollment or through certificates of educational convenience that were approved before notification by the superintendent of public instruction pursuant to subsection B may continue enrollment in that existing school district until the unorganized territory joins a school district. Any students attending an adjacent existing school district through open enrollment or through certificates of educational convenience shall be allowed to continue enrollment in that existing school district even if the unorganized territory joins with a different adjacent school district. Any sibling of a student who continues to attend an adjacent existing school district through open enrollment or a certificate of educational convenience shall also be allowed to attend the same adjacent existing school district.
A.R.S. § 15-1463 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1463
15-1463 State contribution for capital outlay for initial or additional campus
Status: in_force

15-1463. State contribution for capital outlay for initial or additional campus

A. This state, by legislative appropriation, shall pay to the district a sum equal to fifty per cent of the total cost for capital outlay for an initial campus in a newly formed district or in a county entering into an intergovernmental agreement for providing courses pursuant to section 15-1470, not to exceed one million dollars.

B. If a district board in an existing district determines the need for an additional campus or campuses, it shall submit a request to the joint legislative budget committee for review.  This state, by legislative appropriation, shall pay a sum equal to fifty per cent of the total cost for capital outlay for each approved campus within the district, but not to exceed one million dollars at any one campus, including the purchase, erection, remodeling or completion of buildings and the purchase of equipment and facilities for educational or auxiliary purposes of the community college, excluding the cost of any land granted to the district and dormitories erected for the use of students or faculty members.
A.R.S. § 15-973.01 — Arizona Code / Title 15 / Chapter 9 / Article 5 / Section 973.01
15-973.01 Assistance for education fund
Status: in_force

15-973.01. Assistance for education fund

A. The assistance for education fund is established consisting of monies received pursuant to section 43-617.

B. The state board of education shall administer the fund. On notice from the state board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investments shall be credited to the fund. Monies in the fund:

1. Are continuously appropriated to the state board of education.

2. Are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

C. The state board of education shall distribute monies in the fund to the department of education to fund solutions teams assigned to schools pursuant to section 15-241.02.
A.R.S. § 15-715 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 715
15-715 Special academic assistance to pupils in kindergarten programs and grades one through three
Status: in_force

15-715. Special academic assistance to pupils in kindergarten programs and grades one through three

A. Each common and unified school district shall develop a plan to supplement the regular education program by providing special academic assistance to pupils in kindergarten programs and grades one through three. The purpose of the special academic assistance is to assist pupils in developing the minimum skills necessary for fourth grade work by the end of the third grade.  Special academic assistance, at a minimum, shall focus on pupils who, because of innate factors, are not succeeding in the school environment as identified by parents, guardians or school personnel. These pupils may include, but are not limited to, those who do not qualify for special education services, who have measured intelligence quotients of between seventy and eighty-five or who exhibit characteristics of attention deficit disorder or learning patterns attributable to prenatal substance exposure.  The plan shall include:

1. Procedures for use in identifying pupils in need of special academic assistance.

2. Special services for provision of special academic assistance through the regular program of instruction.

3. Procedures for involving parents in the program.

4. Evaluation procedures for use in assessing the progress of the pupils in the program.

B. Each common and unified school district shall implement its program of special academic assistance to pupils in kindergarten programs and grades one through three by the 1986-1987 school year.

C. The teacher of a pupil enrolled in a special academic assistance program shall review the pupil's academic achievement each regular reporting period. Parents shall be notified of the progress of their child in the special academic assistance program by the established reporting method of the school district.

D. The state board of education shall develop and provide the following to all common and unified school districts:

1. Competency requirements for the promotion of pupils from the third grade as prescribed in section 15-701.

2. Model plans for special academic assistance programs which include all of the items specified in subsection A of this section.

E. The department of education shall provide technical assistance to school districts in developing and implementing their plan. The assistance shall include assistance with all of the items specified in subsection A of this section.
A.R.S. § 15-539 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 539
15-539 Dismissal of certificated teacher; due process; written charges; notice; hearing on request
Status: in_force

15-539. Dismissal of certificated teacher; due process; written charges; notice; hearing on request

A. On a written statement of charges presented by the superintendent, charging that there exists cause for the suspension without pay for a period of time greater than ten school days or dismissal of a certificated teacher of the district, the governing board, except as otherwise provided in this article, shall give notice to the teacher of its intention to suspend without pay or dismiss the teacher at the expiration of ten days from the date of the service of the notice.

B. Whenever the superintendent presents a statement of charges wherein the alleged cause for dismissal constitutes immoral or unprofessional conduct, the governing board may adopt a resolution that a complaint be filed with the department of education. Pending disciplinary action by the state board of education, the certificated teacher may be reassigned by the superintendent or placed on administrative leave by the governing board pursuant to section 15-540.

C. Except as provided in section 15-536, the governing board shall give a certificated teacher written preliminary notice of inadequacy of classroom performance pursuant to section 15-538 if its intention to dismiss is based on charges of inadequacy of classroom performance. If within the time specified in the written preliminary notice of inadequacy of classroom performance the teacher does not demonstrate adequate classroom performance, the governing board shall dismiss the teacher either within ten days of the service of a subsequent notice of intention to dismiss or by the end of the contract year in which the subsequent notice of intention to dismiss is served unless the teacher has requested a hearing as provided in subsection F of this section.  If the teacher demonstrates adequate classroom performance during the period allowed to correct such deficiencies as specified in the written preliminary notice of inadequacy of classroom performance, the governing board may not dismiss the teacher for the reasons specified in the written preliminary notice of inadequacy of classroom performance. If the governing board of a school district has received approval to budget for a career ladder program, the governing board may define inadequacy of classroom performance by establishing a single level of performance that is required of all teachers or by establishing more than one required level of performance. If more than one level is established, the same level of performance for minimum adequacy shall be required of all teachers who have completed the same number of years of teaching in the district.

D. Any written statement of charges alleging unprofessional conduct, conduct in violation of the rules or policies of the governing board or inadequacy of classroom performance shall specify instances of behavior and the acts or omissions constituting the charge so that the certificated teacher will be able to prepare a defense. If applicable, it shall state the statutes, rules or written objectives of the governing board that the certificated teacher is alleged to have violated and set forth the facts relevant to each occasion of alleged unprofessional conduct, conduct in violation of the rules or policies of the governing board or inadequacy of classroom performance.

E. The notice shall be in writing and shall be served on the certificated teacher personally or by United States registered or certified mail addressed to the teacher's last known address. A copy of the charges, together with a copy of this section and sections 15-501, 15-538.01, 15-540, 15-541, 15-542, 15-544, 15-545, 15-546 and 15-547, shall be attached to the notice.

F. The certificated teacher who receives notice that there exists cause for dismissal or suspension without pay shall have the right to a hearing if the teacher files a written request with the governing board within ten days of service of notice. The filing of a timely request shall suspend the imposition of a suspension without pay or a dismissal pending completion of the hearing.
A.R.S. § 15-1466.01 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1466.01
15-1466.01 Calculation of full-time equivalent student enrollment; report; definition
Status: in_force

15-1466.01. Calculation of full-time equivalent student enrollment; report; definition

A. In determining state aid under sections 15-1464 and 15-1466, the number of full-time equivalent students shall be calculated in the following manner:

1. For the basic actual full-time equivalent student enrollment, add the number of full-time equivalent students enrolled as of forty-five days after classes begin in the fall semester to the number of full-time equivalent students enrolled as of forty-five days after classes begin in the spring semester, not including additional short-term classes, and divide the sum by two.

2. For the additional short-term and open entry, open exit full-time equivalent student enrollments:

(a) Determine the total number of credit units for students enrolled in additional short-term and open entry, open exit classes for the fiscal year.

(b) Determine the total number of credit units for students who have completed the additional short-term and open entry, open exit classes for the fiscal year.  Any student who has not completed the class by June 30 of each fiscal year is not eligible to be counted for state aid purposes until the following year.

(c) Add the amounts in subdivisions (a) and (b) of this paragraph.

(d) Divide the amount determined in subdivision (c) of this paragraph by two.

(e) Divide the quotient obtained in subdivision (d) of this paragraph by thirty.

(f) The result in subdivision (e) of this paragraph is the additional short-term and open entry, open exit full-time equivalent student enrollments for the fiscal year.

3. For the skill center and adult basic education courses full-time equivalent student enrollment, divide by six hundred forty the total class attended clock hours of persons who complete vocational training.  Any student who does not complete vocational training programs by June 30 of each fiscal year is not eligible to be counted for state aid purposes until the following year.

4. The total of basic actual, additional short-term and open entry, open exit and skill center full-time equivalent student enrollment shall be the basis of providing state aid.

5. For a student who takes a course for which credit is awarded by both a community college and a high school, in which the instructor is an employee of the high school and in which the class is being taught on the high school campus during the normal high school operating hours, the amount of state aid that the community college would otherwise receive for that student shall be reduced by fifty percent.

B. For the purposes of calculating the district expenditure limitation prescribed in article IX, section 21, Constitution of Arizona, and pursuant to section 41-563, the number of full-time equivalent students shall be calculated in the following manner:

1. Determine the total of basic actual, additional short-term and open entry, open exit and skill center full-time equivalent students as prescribed in subsection A of this section.

2. Determine the number of full-time equivalent students included in paragraph 1 of this subsection who were enrolled in career and technical education courses that have been approved by the department of education in accordance with the Carl D. Perkins career and technical education improvement act of 2006, as amended by the strengthening career and technical education for the 21st century act.

3. Multiply the amount determined in paragraph 2 of this subsection by 0.3.

4. The full-time equivalent student enrollment for the purpose of the district expenditure limitation is the sum of the following:

(a) The amounts in paragraphs 1 and 3 of this subsection.

(b) The full-time equivalent student enrollment for noncredit workforce training, calculated by dividing the total class attended contact hours of persons who complete the noncredit workforce training by six hundred forty. Any student who does not complete the noncredit workforce training by June 30 of each fiscal year is not eligible to be counted for the purposes of this subdivision until the following year.

C. The full-time equivalent student enrollment reported by each district for all basic actual, additional short-term and open entry, open exit classes and skill center and adult basic education courses pursuant to subsection A of this section shall be audited annually by the auditor general. The auditor general shall audit separately any full-time equivalent student enrollment in which a student is enrolled in a course for both high school and college credit simultaneously, except for credit received at a private college or a college that is owned, operated or chartered by an Indian tribe, taking into consideration any relevant law, regulation or rule. The auditor general shall audit separately the calculation of full-time equivalent student enrollment in subsection B of this section for the purpose of the expenditure limitation for use pursuant to section 41-563.  The auditor general shall report the results of the audit to the staffs of the joint legislative budget committee, the governor's office of strategic planning and budgeting and the economic estimates commission on or before October 15 of each year.

D. Pursuant to section 15-1445, paragraph 4, a community college district may submit to the economic estimates commission one of the following estimates of full-time equivalent student enrollment:

1. The most recent audited full-time equivalent student enrollment count calculated pursuant to subsection B of this section.

2. The average of the five most recent audited full-time equivalent student enrollment counts calculated pursuant to subsection B of this section.

3. A full-time equivalent student enrollment count that exceeds the most recent audited full-time equivalent student enrollment count calculated pursuant to subsection B of this section by up to five percent if the actual full-time equivalent student enrollment count as of forty-five days after classes begin in the current fall semester exceeds the actual full-time equivalent student enrollment count as of forty-five days after classes began in the fall semester of the previous year.

E. For the purposes of this section, "noncredit workforce training" means a noncredit workforce training or career and technical education course described in section 15-1410, subsection B.
A.R.S. § 15-342.03 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 342.03
15-342.03 Other powers and duties
Status: in_force

15-342.03. Other powers and duties

A. The governing board shall collaborate with the private organization that is approved by the state board of education pursuant to section 15-792.02 to provide approved board examination systems for the schools in the school district.

B. If a school district decides not to participate in the board examination system prescribed in chapter 7, article 6 of this title, pupils enrolled in that school district may earn a Grand Canyon diploma by obtaining a passing score on the same board examinations.
A.R.S. § 15-1123 — Arizona Code / Title 15 / Chapter 10 / Article 2 / Section 1123
15-1123 Record of revenues and expenditures
Status: in_force

15-1123. Record of revenues and expenditures

A. The student activities treasurer or assistant student activities treasurer shall maintain an accurate detailed record of all revenues and expenditures of the student activities fund. The record shall be made in such form as the governing board of the school district prescribes. Copies of the record shall be presented to the governing board of the school district not less than once during each calendar month.

B. Student activities fund monies may be invested and reinvested by the governing board of a school district. All monies earned by investment shall be credited to the student activities fund of the school district.
A.R.S. § 15-322 — Arizona Code / Title 15 / Chapter 3 / Article 2 / Section 322
15-322 Organization of the governing board of a consolidated school district
Status: in_force

15-322. Organization of the governing board of a consolidated school district

A. A meeting of the governing board of the consolidated school district shall be called by the county school superintendent within ten days after their election.

B. At the meeting provided by subsection A the members shall organize the board of the consolidated school district.

1. They shall receive from the boards of the school districts which have been consolidated all property, accounts and records of such boards.

2. Property of the several school districts shall become the property of the newly formed school district.

3. Balances or deficits in the funds of the several school districts consolidated shall become the balances or deficits of the new school district.

4. All bonded indebtedness of the school districts consolidated shall become the bonded indebtedness of the new school district.
A.R.S. § 15-1655 — Arizona Code / Title 15 / Chapter 13 / Article 3 / Section 1655
15-1655 Arizona teachers academy; tuition and fees scholarships; fund; reporting requirements; definitions
Status: in_force

15-1655. Arizona teachers academy; tuition and fees scholarships; fund; reporting requirements; definitions

(Caution: 1998 Prop. 105 applies)

A. Eligible postsecondary institutions shall implement an Arizona teachers academy to incentivize students to enter the teaching profession and to commit to teach in Arizona public schools or for or in schools that serve primarily public school students with disabilities, which are considered public schools for the purposes of this section.  The Arizona board of regents, in consultation with eligible postsecondary institutions, shall develop and implement centralized administrative processes for the academy, including:

1. A marketing and promotion plan to recruit students for the academy.

2. Data collection and reporting.

3. Tracking postgraduation service requirements.

4. Coordinating induction services.

5. Distributing monies in the Arizona teachers academy fund between eligible postsecondary institutions.

6. Collecting reimbursement from individuals who fail to meet service obligations.

B. The Arizona teachers academy may include new or existing teacher preparation program pathways that are student-focused and that employ proven, research-based models of best practices already being implemented. Each eligible postsecondary institution may develop a portfolio of teacher preparation programs to offer as part of the academy. Each eligible postsecondary institution that admits students to the Arizona teachers academy may give priority to senior and junior students but may not exclude sophomore and freshman students. Programs offered as part of the academy shall include accelerated models for:

1. High-demand teacher specializations, including special education, science, technology, engineering and mathematics.

2. Critical need areas, including low-income public schools, public schools located on Indian reservations, rural public schools and schools that serve primarily public school students with disabilities.

3. Individuals seeking postbaccalaureate coursework that results in professional certification.

4. Teachers who are currently teaching a dual enrollment course to satisfy the requirements for teaching a dual enrollment course adopted by a higher learning commission that accredits degree-granting postsecondary educational institutions in the north central region, including this state.

5. Students in noneducation programs to complete one or more teacher preparation courses to prepare the student to receive a teaching certification following graduation.

C. Each eligible postsecondary institution shall develop formalized partnerships with public schools in this state to build commitments for teacher employment on completion of the Arizona teachers academy. The targeted deployment of teachers who have completed the academy shall be based on the needs of each school system and the community that is being served as well as the individual skills of each teacher.

D. Each eligible postsecondary institution shall provide to each student who is enrolled in the Arizona teachers academy an annual scholarship up to the actual cost of tuition and fees for a maximum of two academic years or four semesters for graduate university students, up to the actual cost of tuition and fees for a maximum of four academic years or eight semesters for undergraduate university students, up to the actual cost of tuition and fees for a maximum of two academic years or four semesters for community college students for tuition and fees associated with the student's program of study, up to the actual cost of obtaining national board certification and renewal, and up to the actual cost of obtaining a teaching certificate including the actual cost of the exam, after all other financial gifts, aid or grants received by that student or teacher. Scholarships under this subsection are subject to all of the following:

1. If the student does not successfully complete the academic year in good academic standing, the student shall reimburse the Arizona board of regents for the total amount of the scholarship for tuition and fees the student received for that year.

2. For each academic year that the student successfully completes and for which the student receives a scholarship for all tuition and fees, the student must agree to teach for one full school year in a public school in this state. For students who are teaching and receiving the scholarship concurrently, the commitment period begins after graduation from the Arizona teachers academy. For teachers who are seeking a national board certification, the teaching commitment is one additional year after completing the requirements of the national board certification program.

3. If a student enrolls in a summer term, that term may not be included in the calculation of the student's postgraduation public service commitment.

4. If the scholarship does not cover remaining tuition and fee costs after other aid received, the eligible postsecondary institution may not charge students the remaining difference. If the scholarship amount exceeds tuition and fee costs at an eligible postsecondary institution, the eligible postsecondary institution may use the remaining amount to support Arizona teachers academy costs.

5. If the student does not fulfill the student's obligation to teach in a public school, the student must reimburse the Arizona board of regents for the proportional amount of the scholarship for tuition and fees that the student received that corresponds to the number of school years the student agreed to teach but did not teach in a public school in this state.

6. If the student is physically or mentally unable to fulfill the requirements of the Arizona teachers academy, the Arizona board of regents shall establish a process for assessing the student's ability to repay the financial assistance received and shall determine any terms of repayment.

7. The Arizona board of regents shall establish a process for deferring service or repayment based on factors adopted by the board.

E. The Arizona teachers academy fund is established consisting of monies deposited pursuant to section 15-1281, subsection D, paragraph 5 and section 15-1809, subsection E and legislative appropriations made for the purpose of administering the Arizona teachers academy. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The Arizona board of regents shall administer the fund and shall establish criteria for distributing monies in the fund to eligible postsecondary institutions each fiscal year to fund the costs of the academy.  Monies in the fund may be used only for:

1. Reimbursing Arizona teachers academy scholarships that cover the balance of tuition and fees for undergraduate, graduate and postbaccalaureate students who are enrolled in the Arizona teachers academy after all other gifts and aid received.

2. Support for teachers who are currently employed in a public school in this state and who are seeking a national board certification.

3. Induction services for Arizona teachers academy graduates.

4. Implementing a marketing and promotion plan to recruit and retain students in the Arizona teachers academy with particular emphasis on ensuring that participants reflect the diversity of this state's student population and administering the Arizona teachers academy. Annual expenditures for marketing, promoting and administering the Arizona teachers academy may not exceed three percent of the monies in the fund each fiscal year.

F. Monies remaining in the Arizona teachers academy fund at the end of each fiscal year may be used by eligible postsecondary institutions for Arizona teachers academy costs in the next fiscal year.

G. On or before March 1 each year, the Arizona board of regents shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting on all of the following:

1. The total number of students enrolled in the Arizona teachers academy by eligible postsecondary institution in the current academic year.

2. The number of Arizona teachers academy graduates receiving induction services in the current academic year.

3. The estimated amount of monies committed from the Arizona teachers academy fund in the current fiscal year.

H. On or before September 1 each year, the Arizona board of regents shall report to the governor, the president of the senate and the speaker of the house of representatives, and shall submit a copy to the secretary of state, on all of the following:

1. The total number of students enrolled in the Arizona teachers academy at each eligible postsecondary institution by year of college enrollment and the number of teachers receiving a scholarship through the Arizona teachers academy for national board certification.

2. The percentage of students who completed each year of the academy and who plan to continue to the subsequent year, delineated by each teacher preparation program offered by each eligible postsecondary institution as part of the Arizona teachers academy.

3. The number of teachers who completed a program of study through the Arizona teachers academy by each eligible postsecondary institution.

4. The number of teachers currently teaching in a public school in this state as part of an agreement for receiving an Arizona teachers academy scholarship.

5. The number of graduates receiving induction services.

6. The number of students who have defaulted on their obligation and who are in repayment agreements.

7. The number of students who have deferred repayment agreements.

8. The number of students who have completed repayment agreements.

9. The methodology for distributing any monies appropriated for the Arizona teachers academy to each eligible postsecondary institution and the amounts distributed to each.

10. The amount of unused monies in the Arizona teachers academy fund from the prior fiscal year.

I. A college in this state that is owned, operated or chartered by a qualifying Indian tribe on its own Indian reservation and that offers baccalaureate teacher education programs may participate in the Arizona teachers academy and receive monies from the Arizona teachers academy fund established by this section.

J. For the purposes of this section:

1. "Eligible postsecondary institution" means any of the following:

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

(b) A community college in this state.

(c) A college described in subsection I of this section if the college opts to participate in the Arizona teachers academy under subsection I of this section.

2. "School that serves primarily public school students with disabilities" means a school in which more than seventy-five percent of the students enrolled in the school are public school students who are placed at the school according to an agreement with a school, a charter school or the Arizona state schools for the deaf and the blind.

3. "Tuition and fees" means tuition, mandatory fees and program fees that are associated with a program in the Arizona teachers academy leading to teacher certification and that are charged by an eligible postsecondary institution.
A.R.S. § 15-249.16 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.16
15-249.16 Statutory handbooks of parental rights; posting
Status: in_force

15-249.16. Statutory handbooks of parental rights; posting

A. The department of education shall develop and post on its website a statutory handbook of parental rights outlining the rights of parents of children enrolled in school districts and a statutory handbook of parental rights outlining the rights of parents of children enrolled in charter schools.

B. The statutory handbook of parental rights outlining the rights of parents of children enrolled in school districts shall consist of the text of the following statutes:

1. Title 1, chapter 6.

2. Section 15-102.

3. Section 15-110.

4. Section 15-113.

5. Section 15-117.

6. Section 15-351.

7. Section 15-721.

8. Section 15-722.

9. Section 15-730.

C. The statutory handbook of parental rights outlining the rights of parents of children enrolled in charter schools shall consist of the text of the following statutes:

1. Title 1, chapter 6.

2. Section 15-110.

3. Section 15-113.

4. Section 15-117.

D. Each school district and charter school in this state shall post on a publicly accessible portion of its website a link to the statutory handbook of parental rights developed pursuant to subsection A of this section.
A.R.S. § 15-797 — Arizona Code / Title 15 / Chapter 7 / Article 7 / Section 797
15-797 Financial provisions for students in alternative education programs and alternative schools
Status: in_force

15-797. Financial provisions for students in alternative education programs and alternative schools

A. School districts may count students for daily attendance as provided in section 15-901 who are not actually and physically in attendance in a recognized common or high school but who are enrolled in and actually and physically in attendance in an alternative education program or alternative school that is provided by any public body or private person and that meets the standards that the state board of education and the governing board prescribe for the course of study given in the common and high schools.

B. The governing board of a school district shall prescribe procedures for verifying the attendance of students enrolled in an alternative education program or alternative school that is provided by any public body or private person.

C. The governing board may pay for the cost of educating students as provided in this article not to exceed the cost per student count as provided in section 15-824, subsection G.

D. School districts operating alternative education programs or alternative schools pursuant to this section and charter schools operating on approved alternative calendars pursuant to section 15-183 shall comply with the annual hours of instruction requirement pursuant to section 15-901.
A.R.S. § 15-348 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 348
15-348 Dress code policies; traditional tribal regalia; objects of cultural significance; graduation ceremonies; definitions
Status: in_force

15-348. Dress code policies; traditional tribal regalia; objects of cultural significance; graduation ceremonies; definitions

A. A school district governing board, a charter school governing body or any public school may not prohibit a student who is a member of a federally recognized Indian tribe or who is eligible to be enrolled as a member of a federally recognized Indian tribe from wearing traditional tribal regalia or objects of cultural significance at a graduation ceremony.

B. For the purposes of this section, "objects of cultural significance" and "traditional tribal regalia" include an eagle feather or eagle plume.
A.R.S. § 15-302 — Arizona Code / Title 15 / Chapter 3 / Article 1 / Section 302
15-302 Powers and duties
Status: in_force

15-302. Powers and duties

A. The county school superintendent shall:

1. Distribute all laws, reports, circulars, instructions and forms that the county school superintendent may receive for the use of school officers.

2. Record all official acts.

3. Appoint governing board members of school districts to fill all vacancies, but the term of the appointment shall be until the next regular election for governing board members, at which time a successor shall be elected to serve the unexpired portion of the term. A person who is subject to registration as a sex offender in this state or in any other jurisdiction is ineligible for appointment under this paragraph. Within thirty days after notification of a vacancy, the school district governing board may submit up to three names to the county school superintendent for consideration of an appointment to fill the vacancy. The county school superintendent is not required to appoint a governing board member from the list of names submitted by the governing board. The county school superintendent, if the county school superintendent deems it in the best interest of the community, may call a special election to fill the vacancies. If an election is called, the newly elected member shall serve for the remainder of the unexpired portion of the term.

4. Make reports, when directed by the superintendent of public instruction, showing matters relating to schools in the county as may be required on the forms furnished by the superintendent of public instruction.

5. Have such powers and perform such duties as otherwise prescribed by law.

6. On or before October 1 of each year, report to the superintendent of public instruction the amount of monies received from state school funds, special school district taxes and other sources, the total expenditures for school purposes and the balance on hand to the credit of each school district at the close of the school year.

7. Contract with the board of supervisors for the board of supervisors to conduct all regular school district elections.

8. Be responsible, in cooperation with the school district governing boards and the board of supervisors, for all special school district elections.

9. Maintain teacher and administrator certification records of effective dates and expiration dates of teachers' and administrators' certificates in compliance with guidelines prescribed in the uniform system of financial records for those school districts for which the county school superintendent is the fiscal agent. The county school superintendent shall not draw a warrant in payment of a teacher's, substitute teacher's or administrator's salary unless the teacher, substitute teacher or administrator is legally certified during the fiscal year in which the term for payment is demanded.

10. Notify a school district three years before the expiration of a revenue control limit override that the school district's budget must be adjusted in the final two years of the override pursuant to section 15-481, subsections P and Q, if the voters do not approve another override.

11. In collaboration with the department of education and other state agencies, assist school districts, charter schools, county free library districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools on using student data, staff development, curriculum alignment and technology to improve student performance.

12. Assist schools in meeting yearly adequate progress goals as defined by criteria established by the state board of education and implemented by the department of education.

B. At the request of school districts and charter schools, the county school superintendent may provide discretionary programs in addition to the programs prescribed in subsection A of this section.

C. The county school superintendent may:

1. Provide the services prescribed in subsections A and B of this section in the county or jointly with two or more counties pursuant to title 11, chapter 7, article 3.

2. Review the operations and finances, including expenditures, of any school district that is located in the county.

D. Each county school superintendent may establish an advisory committee to the office of the county school superintendent.
A.R.S. § 15-1862 — Arizona Code / Title 15 / Chapter 14 / Article 6 / Section 1862
15-1862 Rights of students at universities and community colleges
Status: in_force

15-1862. Rights of students at universities and community colleges

A. A university or community college shall not discriminate against a student on the basis of the student's religious viewpoint, expression or belief.

B. A university or community college shall not adopt any policy that penalizes or punishes a student based on the student's religious viewpoint, expression or beliefs.

C. If an assignment or classroom discussion requests a student's viewpoint in coursework, artwork or other written or oral assignments, a university or community college shall not penalize or reward a student on the basis of religious content or a religious viewpoint.  In such an assignment, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards such as grammar, style, analysis and adherence to the instructions for the assignment.

D. A university or community college shall not withhold any certificate or degree on the basis of a student's religious viewpoint or religious expression.

E. A university or community college shall not discipline or discriminate against a student in a counseling, social work or psychology program because the student refuses to counsel a client about goals that conflict with the student's sincerely held religious belief if the student consults with the supervising instructor or professor to determine the proper course of action to avoid harm to the client.
A.R.S. § 15-901.07 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 901.07
15-901.07 Concurrent coursework; calculation of average daily membership; definition
Status: in_force

15-901.07. Concurrent coursework; calculation of average daily membership; definition

A. A school district or a charter school may include students enrolled in concurrent coursework for the purposes of calculating average daily membership if the school district has received approval from the state board of education or the charter school has received approval from its sponsor to offer concurrent coursework and all of the following apply:

1. A student earns at least three semester hours of credit per semester in the community college or university course.

2. A student is awarded academic credit by the school district or charter school for the concurrent coursework pursuant to section 15-701.01.

3. The concurrent coursework is at a higher level than the course taught at the school district or charter school in grades nine through twelve.

4. A student who is enrolled in concurrent coursework also attends at least one course offered at the school district or charter school per semester.

5. The concurrent coursework is applicable to an established community college academic degree or certificate program that is transferable to a university under the jurisdiction of the Arizona board of regents.  Concurrent coursework that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.

6. The school district or charter school pays the community college or university for the tuition cost of the concurrent coursework or reimburses the student for the tuition cost of the concurrent coursework.

B. A course at a community college or university of three semester hours of credit or more is considered a subject for the purposes of meeting the definition of full-time student prescribed in section 15-901. A course at a community college or university of three semester hours of credit or more is not required to meet one hundred twenty-three hours a year, or the equivalent, to be considered a subject.

C. Instructional hours provided by a community college or university to a student in concurrent coursework shall be included in the calculation of the average daily membership for that student pursuant to section 15-901.

D. Average daily membership for classes at a community college or university shall be based on the community college or university credits earned by the student.  For each community college or university course for which three credits are earned, one-eighth of an average daily membership shall be generated. Except as otherwise provided by law, for a full-time high school student who attends concurrent enrollment courses pursuant to this section, the average daily membership may not exceed 1.0.

E. For the purposes of this section, "concurrent coursework" means courses at a community college under the jurisdiction of a community college district in this state or at a university under the jurisdiction of the Arizona board of regents in the required or elective subjects that satisfy high school graduation requirements pursuant to section 15-701.01.
A.R.S. § 15-1489 — Arizona Code / Title 15 / Chapter 12 / Article 5 / Section 1489
15-1489 Certification of bonds by attorney general
Status: in_force

15-1489. Certification of bonds by attorney general

The board may submit to the attorney general of the state of Arizona any bonds to be issued under this article after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be his duty to examine into and pass upon the validity of the bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this article, and if the bonds when delivered and paid for will constitute binding and legal obligations authorized by the board for and on behalf of the institution, enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said bonds that it is issued in accordance with the constitution and laws of the state of Arizona.
A.R.S. § 15-765 — Arizona Code / Title 15 / Chapter 7 / Article 4 / Section 765
15-765 Special education in rehabilitation, corrective or other state and county supported institutions, facilities or homes
Status: in_force

15-765. Special education in rehabilitation, corrective or other state and county supported institutions, facilities or homes

A. For the purposes of this section and section 15-764, children with disabilities who are being provided with special education in rehabilitation, corrective or other state and county supported institutions or facilities are the responsibility of that institution or facility, including children with disabilities who are not enrolled in a residential program and who are being furnished with daily transportation. Special education programs at the institution or facility shall conform to the conditions and standards prescribed by the director of the division of special education.

B. Notwithstanding subsection A of this section, the department of economic security, the department of child safety or the Arizona health care cost containment system may request on behalf of a school-age child with a disability residing in a residential facility or foster home operated or supported by the department of economic security, the department of child safety or the Arizona health care cost containment system that the school district in which the facility or home is located enroll the school-age child in the district, subject to section 15-825. The school district, on the request by the department of economic security, the department of child safety or the Arizona health care cost containment system, shall enroll the child and provide any necessary special education and related services, subject to section 15-766. A school district in which a child with a disability is enrolled shall coordinate the development of an individualized education program with the development of an individual program or treatment plan. The provision of special education and related services to a child with a disability may be subject to subsection D of this section.

C. Before any placement is made in facilities described in this section, the school district of residence shall ensure that a full continuum of alternative placements is available to meet the needs of children with disabilities and that the proposed placement is the least restrictive environment in which appropriate education services can be provided to the child.

D. A school district or county school superintendent may contract with, and make payments to, other public or private schools, institutions and agencies approved by the division of special education, within or without the school district or county, for the education of and provision of services to children with disabilities if section 15-766 and the conditions and standards prescribed by the division of special education have been met and if unable to provide satisfactory education and services through its own facilities and personnel in accordance with the rules prescribed by the state board of education as provided in section 15-213. No school district may contract or make payments under the authority of this section or section 15-764 or any other provisions of law for the residential or educational costs of placement of children with disabilities in an approved private special education school, institution or agency unless the children are evaluated and placed by a school district. The following special provisions apply in order to qualify for the group B ED-P weight:

1. If the child is placed in a private special education program, the chief administrative official of the school district or county or other person designated by the school district or county as responsible for special education shall verify that the pupil is diagnosed with an emotional disability as defined in section 15-761, that no appropriate program exists within the school district or county, as applicable, and that no program can feasibly be instituted by the school district or county, as applicable.

2. If the child is placed in a special program that provides intensive services within a school district, the chief administrative official of the school district or county or other person as designated by the school district or county as responsible for special education shall verify that the pupil placed in such a program is diagnosed with an emotional disability as defined in section 15-761 and that appropriate services cannot be provided in traditional resource and self-contained special education classes.

E. When a state placing agency initially places a pupil in a private residential facility, the home school district must conduct an evaluation pursuant to section 15-766 or review the educational placement of a pupil who has previously been determined eligible for special education services. The school district shall notify the appropriate state placing agency when a child requires an evaluation for possible receipt of services provided by that agency or a residential special education placement. The school district and the state agency shall jointly evaluate the child, including consideration of relevant information from additional sources, including probation or parole officers, caseworkers, guardians ad litem and court appointed special advocates.

F. If the child is not eligible for special education or does not require residential special education placement, sections 15-1182 and 15-1183 apply.

G. If the individualized education program team determines that a residential special education placement is the least restrictive environment in which an appropriate educational program can be provided, the home school district shall submit the following documentation to the department of education:

1. A residential special education voucher application signed by designated representatives of the state placing agency, as defined in section 15-1181, and the home school district, respectively.

2. The educational reasons for recommending the residential special education placement, including an evaluation or addendum to the evaluation that describes the instructional and behavioral interventions that were previously attempted and the educational reasons for recommending the residential special education placement, including documentation that the nature or severity of the disability is such that education in a less restrictive environment is not appropriate.

3. Exit criteria as required in subsection K of this section.

4. That prior written notice for a change in the child's placement was provided.

H. If a residential special education placement is required by the child's individualized education program, the educational component of the residential facility shall be one that is approved by the department of education for the specific special education services required.

I. The residential component of the facility in which the residential special education placement is made shall be licensed by the department of economic security, the department of child safety or the department of health services, whichever is appropriate.

J. Following and in accordance with the consensus decision of the individualized education program team as prescribed in section 15-766, a residential special education placement shall be made by the school district and the appropriate state agency. The individualized education program team shall determine whether a residential special education placement is necessary. The state placing agency shall consider the recommendations of the individualized education program team in selecting the specific residential facility. The department of education shall enter into interagency services agreements with the department of economic security, the department of child safety or the Arizona health care cost containment system to establish a mechanism for resolving disputes if the school district and the department of economic security, the department of child safety or the Arizona health care cost containment system cannot mutually agree on the specific residential placement to be made. Dispute resolution procedures may not be used to deny or delay residential special education placement.

K. The individualized education program for any child who requires residential special education placement must include exit criteria that indicate when the educational placement of the child shall be reviewed to determine whether the child can be moved to a less restrictive placement.

L. All noneducational and nonmedical costs incurred by the placement of a child with a disability in a private or public school program and concurrent out-of-home care program shall be paid by the department of economic security for those children eligible to receive services through the division of developmental disabilities, by the department of child safety for the children for which it has legal responsibility and by the Arizona health care cost containment system for those children eligible to receive behavioral health or children's rehabilitation services through the Arizona health care cost containment system administration. This section does not prevent or limit the Arizona health care cost containment system, the department of child safety and the department of economic security from joint case management of any child who qualifies for services from two or more of these agencies or from sharing the noneducational costs of providing those services. The educational costs incurred by the placement of a child with a disability in an out-of-home care facility shall be paid as follows:

1. Through a residential special education placement voucher as provided in section 15-1184 if the child is determined to require a residential special education placement as defined in section 15-761.

2. Through an initial or continuing residential education voucher if a child is placed in a private residential facility by a state placing agency, as defined in section 15-1181, for care, treatment and safety reasons and the child needs educational services while in that placement.

3. Through a certificate of educational convenience if the child is attending a public school not within the child's school district of residence as provided in section 15-825.

4. By the home school district, pursuant to a contract with a public or private school as provided in subsection D of this section, if the home school district is unable to provide satisfactory education and services through its own facilities and personnel.

M. The department of economic security, the department of child safety or the Arizona health care cost containment system, whichever is appropriate, shall determine if the child placed for purposes of special education in a private or public school and concurrent out-of-home care is covered by an insurance policy that provides for inpatient or outpatient child or adolescent psychiatric treatment. The appropriate state agency may only pay charges for treatment costs that are not covered by an insurance policy. Notwithstanding any other law, the appropriate state agency may pay for placement costs of the child before the verification of applicable insurance coverage. On the depletion of insurance benefits, the appropriate state agency shall resume payment for all noneducational and nonmedical costs incurred in the treatment of the child. The appropriate state agency may request the child's family to contribute a voluntary amount toward the noneducational and nonmedical costs incurred as a result of residential placement of the child. The amount that the appropriate state agency requests the child's family to contribute shall be based on guidelines in the rules of the appropriate state agency governing the determination of contributions by parents and estates. This subsection does not require parents to incur any costs for required special education and related services or shall be construed to result in a reduction in lifetime insurance benefits available for a child with a disability.

N. If appropriate services are offered by the school district and the parent or the child chooses for the child to attend a private facility, either for day care or for twenty-four-hour care, neither the school district nor the respective agency is obligated to assume the cost of the private facility. If residential twenty-four-hour care is necessitated by factors such as the child's home condition and is not related to the special educational needs of the child, the agency responsible for the care of the child is not required to pay any additional costs of room and board and nonmedical expenses pursuant to this section.
A.R.S. § 15-1725 — Arizona Code / Title 15 / Chapter 13 / Article 7 / Section 1725
15-1725 Medical student loan fund; exemption
Status: in_force

15-1725. Medical student loan fund; exemption

A. The medical student loan fund is established. All monies appropriated to carry out sections 15-1723 and 15-1724 shall be deposited in the fund and all payments of principal, interest and penalties received by the board shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. Monies in the fund are continuously appropriated for the purposes of this article.

B. Monies in the medical student loan fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 15-905 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 905
15-905 School district budgets; notice; adoption; aggregate budget limit; summary; adjustments; impact aid fund; definition
Status: in_force

15-905. School district budgets; notice; adoption; aggregate budget limit; summary; adjustments; impact aid fund; definition

A. Not later than July 5 of each year or not later than the publication of notice of the public hearing and board meeting as required by this section, the governing board of each school district shall prepare and furnish to the superintendent of public instruction and the county school superintendent, unless waived by the county school superintendent, a proposed budget in an electronic format for the budget year, which shall contain the information and be in the form as provided by the department of education.  The proposed budget shall include the following:

1. The total amount of revenues from all sources that was necessary to meet the school district's budget for the current year.

2. The total amount of revenues by source that will be necessary to meet the proposed budget of the school district, excluding property taxes. The governing board shall prepare the proposed budget and a summary of the proposed budget. Both documents shall be kept on file at the school district office and shall be made available to the public on request. Not later than July 5 of each year or not later than the publication of notice of the public hearing and board meeting required by this subsection, the governing board shall submit the proposed budget to the department of education, which shall prominently display this information about that school district on the website maintained by the department. If the school district maintains a website, the school district shall post a link to the website of the department of education where this information about the school district is posted.  The auditor general in conjunction with the department of education shall prescribe the form of the summary of the proposed budget for use by governing boards. School district governing boards may include in the proposed budget any items or amounts that are authorized by legislation filed with the secretary of state and that will become effective during the budget year. If subsequent events prevent the legislation from becoming effective, school district governing boards must reduce their budgets by the amounts budgeted pursuant to the legislation that did not become effective.

B. The governing board of each school district shall prepare a notice fixing a time not later than July 15 and designating a public place within each school district at which a public hearing and board meeting shall be held. The governing board shall present the proposed budget for consideration of the residents and the taxpayers of the school district at that hearing and meeting.

C. The governing board of each school district shall publish or mail, before the hearing and meeting, a copy of the proposed budget or the summary of the proposed budget and a notice of the public hearing and board meeting not later than ten days before the meeting. The proposed budget and the summary of the proposed budget shall contain the percentage of increase or decrease in each budget category of the proposed budget as compared to each category of the budget for the current year. Notification shall be either by publication in a newspaper of general circulation within the school district in which the size of the newspaper print is at least eight-point type, by electronic transmission of the information to the department of education for posting on the department's website or by mailing the information to each household in the school district.  The cost of publication, website posting or mailing shall be a charge against the school district. The publisher's affidavit of publication shall be filed by the governing board with the superintendent of public instruction within thirty days after publication.  If the budget or proposed budget and notice are posted on a website maintained by the department of education or mailed, the board shall file an affidavit with the superintendent of public instruction within thirty days after the mailing or the date that the information is posted on the website. If a truth in taxation notice and hearing is required under section 15-905.01, the governing board may combine the notice and hearing under this section with the truth in taxation notice and hearing.

D. At the time and place fixed in the notice, the governing board shall hold the public hearing and present the proposed budget to the persons attending the hearing. On request of any person, the governing board shall explain the budget, and any resident or taxpayer of the school district may protest the inclusion of any item. A governing board member who has a substantial interest, as defined in section 38-502, in a specific item in the school district budget shall refrain from voting on the specific item. A governing board member may participate without creating a conflict of interest in adopting a final budget even though the member may have substantial interest in specific items included in the budget.

E. Immediately following the public hearing the president shall call to order the governing board meeting for the purpose of adopting the budget. The governing board shall adopt the budget, which shall not exceed the general budget limit or the unrestricted capital budget limit, making such deductions as it sees fit but making no additions to the proposed budget total for maintenance and operations or capital outlay, and shall enter the budget as adopted in its minutes. Not later than July 18, the budget as finally adopted shall be submitted electronically to the superintendent of public instruction. Not later than July 18, the governing board shall submit the budget as finally adopted to the department of education, which shall prominently display this information about that school district on the website maintained by the department. If the school district maintains a website, the school district shall post a link to the website of the department of education where this information about the school district is posted. On or before October 30, the superintendent of public instruction shall review the budget and notify the governing board if the budget exceeds the general budget limit or the unrestricted capital budget limit. The governing board shall revise the budget as follows:

1. If the governing board receives notification that the budget exceeds the general budget limit or the unrestricted capital budget limit by one percent of the general budget limit, it shall adopt on or before December 15, after it gives notice and holds a public meeting in a similar manner as provided in subsections C and D of this section, a revised budget for the current year, which shall not exceed the general budget limit or the unrestricted capital budget limit.

2. If the governing board receives notification that the budget exceeds the general budget limit or the unrestricted capital budget limit by less than the amount prescribed in paragraph 1 of this subsection, the governing board shall adjust the budget and expenditures so as not to exceed the general budget limit or the unrestricted capital budget limit for the current year.

3. Not later than December 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.  Procedures for adjusting expenditures or revising the budget shall be as prescribed in the uniform system of financial records.

F. The governing board of each school district may budget for expenditures within the school district budget as follows:

1. Amounts within the general budget limit, as provided in section 15-947, subsection C, may only be budgeted in the following sections of the budget:

(a) The maintenance and operation section.

(b) The capital outlay section.

2. Amounts within the unrestricted capital budget limit, as provided in section 15-947, subsection D, may only be budgeted in the unrestricted capital outlay subsection of the budget. Monies received pursuant to the unrestricted capital budget limit shall be placed in the unrestricted capital outlay fund. The monies in the fund are not subject to reversion.

G. The governing board may authorize the expenditure of monies budgeted within the maintenance and operation section of the budget for any subsection within the section in excess of amounts specified in the adopted budget only by action taken at a public meeting of the governing board and if the expenditures for all subsections of the section do not exceed the amount budgeted as provided in this section.

H. The aggregate budget limit is the sum of the following:

1. The general budget limit as determined in section 15-947 for the budget year.

2. The unrestricted capital budget limit as determined in section 15-947 for the budget year.

3. Federal assistance, excluding title VIII of the elementary and secondary education act of 1965 monies.

I. School districts that overestimated tuition revenues as provided in section 15-947, subsection C, paragraph 2 shall adjust the general budget limit and expenditures based on tuition revenues for attendance of nonresident pupils during the current fiscal year. School districts that underestimated tuition revenues may adjust their budgets before May 15 based on tuition revenues for attendance of nonresident pupils during the current fiscal year. School districts that overestimated revenues as provided in section 15-947, subsection C, paragraph 2, subdivision (a), items (iii), (iv) and (v) and subdivision (c) shall adjust the general budget limit and expenditures based on actual revenues during the current fiscal year. School districts that underestimated such revenues may adjust their budgets before May 15 based on actual revenues during the current fiscal year. Procedures for completing adjustments shall be as prescribed in the uniform system of financial records. Not later than May 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction.

J. A common school district not within a high school district whose estimated tuition charge for high school pupils exceeds the actual tuition charge for high school pupils shall adjust the general budget limit and expenditures based on the actual tuition charge.  Not later than May 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction. A common school district not within a high school district whose estimated tuition charge for high school pupils is less than the actual tuition charge for high school pupils may adjust its budget before May 15 based on the actual tuition charge.  Procedures for completing adjustments shall be as prescribed in the uniform system of financial records. If the adjusted general budget limit requires an adjustment of state aid and if the adjustment to state aid is not made in the current year, the superintendent of public instruction shall adjust by August 15 of the succeeding fiscal year the apportionment of state aid to the school district to correct any overpayment or underpayment of state aid received during the current year.

K. The governing board may include title VIII of the elementary and secondary education act of 1965 assistance allocated for children with disabilities, children with specific learning disabilities, children residing on Indian lands and children residing within the boundaries of an accommodation school that is located on a military reservation and that is classified as a heavily impacted local educational agency pursuant to 20 United States Code section 7703, which is in addition to basic assistance when determining the general budget limit as prescribed in section 15-947, subsection C. The increase in the general budget limit for children residing within the boundaries of an accommodation school that is located on a military reservation and that is classified as a heavily impacted local education agency shall equal the dollar amount calculated pursuant to 20 United States Code section 7703(b)(2). The governing board may adjust before May 15 the budget for the current year based on any adjustments that result in increases over the amount estimated by the superintendent of public instruction for title VIII of the elementary and secondary education act of 1965 assistance for such pupils for the fiscal year preceding the current year. The governing board shall adjust before May 15 the budget for the current year based on any adjustments that result in decreases in the amount estimated by the superintendent of public instruction for title VIII of the elementary and secondary education act of 1965 assistance for such pupils for the fiscal year preceding the current year. Not later than May 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction.  Procedures for complying with this subsection shall be as prescribed in the uniform system of financial records.

L. The department of education shall notify the state board of education if expenditures by any school district exceed the general budget limit prescribed in section 15-947, subsection C, the unrestricted capital budget limit, the school plant fund limits prescribed in section 15-1102, subsection B, the maintenance and operation section of the budget or the capital outlay section of the budget. If the expenditures of any school district exceed these limits or sections of the budget without authorization as provided in section 15-907, and if the state board of education determines that the equalization assistance for education received by the school district as provided in section 15-971 does not conform with statutory requirements, the state board of education shall reduce the state aid for equalization assistance for education for the school district computed as provided in section 15-971 during the fiscal year subsequent to the fiscal year in which the excess equalization assistance for education was received by an amount equal to the excess equalization assistance for education, except that in case of hardship to the school district, the superintendent of public instruction may approve reductions partly in the first subsequent year and partly in the second subsequent year. If the state board of education determines that the equalization assistance for education received by the school district conforms with statutory requirements, the state board of education shall not reduce the district's equalization assistance for education pursuant to this subsection but the district shall reduce the budget limits as required in subsection M of this section. A school district that disagrees with the department of education's determination regarding an excess expenditure under this subsection may request a hearing before the state board of education.

M. The governing board of a school district shall reduce the general budget limit or the unrestricted capital budget limit for the year subsequent to the year in which the expenditures were in excess of the applicable limit or section of the budget by the amount determined in subsection L of this section, except that in case of hardship to the school district, the superintendent of public instruction may approve reductions partly in the first subsequent year and partly in the second subsequent year. The reduction in the limit is applicable to each school district that has exceeded the general budget limit, the unrestricted capital budget limit or a section of the budget even if the reduction exceeds the state aid for equalization assistance for education for the school district.

N. Except as provided in section 15-916, no expenditure shall be made by any school district for a purpose not included in the budget or in excess of the aggregate budget limit prescribed in this section, except that if no budget has been adopted, from July 1 to July 15 the governing board may make expenditures if the total of the expenditures does not exceed ten percent of the prior year's aggregate budget limit. Any expenditures made from July 1 to July 15 and before the adoption of the budget shall be included in the total expenditures for the current year. No expenditure shall be made and no debt, obligation or liability shall be incurred or created in any year for any purpose itemized in the budget in excess of the amount specified for the item irrespective of whether the school district at any time has received or has on hand funds in excess of those required to meet the expenditures, debts, obligations and liabilities provided for under the budget except expenditures from cash controlled funds as defined by the uniform system of financial records and except as provided in section 15-907 and subsection G of this section. This subsection does not prohibit any school district from prepaying insurance premiums, magazine subscriptions or officiating services, or from prepaying any item that is normally prepaid in order to procure the service or to receive a discounted price for the service, as prescribed by the uniform system of financial records.

O. The governing board of a school district that is classified as a heavily impacted school district having twenty percent or more pupils pursuant to 20 United States Code section 238(d)1(A) may determine its eligibility to increase the amount that may be included in determining the general budget limit as provided in subsection K of this section and may increase the amount as follows:

1. For fiscal year 1988-1989:

(a) Multiply $1,094 by the number of children with disabilities or children with specific learning disabilities, excluding children who also reside on Indian lands, reported to the division of impact aid, United States department of education in the district's application for fiscal year 1987-1988.

(b) Multiply $547 by the number of children residing on Indian lands, excluding children who have disabilities or also have specific learning disabilities, reported to the division of impact aid, United States department of education in the district's application for fiscal year 1987-1988.

(c) Multiply $1,914 by the number of children residing on Indian lands who have disabilities or also have specific learning disabilities reported to the division of impact aid, United States department of education in the district's application for fiscal year 1987-1988.

(d) Add the amounts determined in subdivisions (a) through (c) of this paragraph.

(e) If the amount of title VIII of the elementary and secondary education act of 1965 assistance as provided in subsection K of this section is less than the sum determined in subdivision (d) of this paragraph, the district is eligible to use this subsection.

2. For budget years after 1988-1989, use paragraph 1 of this subsection, but increase each dollar amount by the growth rate for that year as prescribed by law, subject to appropriation and use the number of children reported in the appropriate category for the current fiscal year.

3. If the district is eligible to use this subsection, subtract the amount of title VIII of the elementary and secondary education act of 1965 assistance determined in subsection K of this section from the sum determined in paragraph 1, subdivision (d) of this subsection. The difference is the increase in the amount that may be included in determining the general budget limit as provided in subsection K of this section, if including this amount does not increase the district's primary tax rate for the budget year. If the amount of title VIII of the elementary and secondary education act of 1965 assistance determined in subsection K of this section is adjusted for the current year, the increase determined in this paragraph shall be recomputed using the adjusted amount and the recomputed increase shall be reported to the department of education by May 15 on a form prescribed by the department of education.

4. If a district uses this subsection, the district is not required to adjust its budget for the current year based on adjustments in the estimated amount of title VIII of the elementary and secondary education act of 1965 assistance as provided in subsection K of this section.

P. A school district, except for an accommodation school, that applies for title VIII of the elementary and secondary education act of 1965 assistance during the current year may budget an amount for title VIII of the elementary and secondary education act of 1965 administrative costs for the budget year. The amount budgeted for title VIII of the elementary and secondary education act of 1965 administrative costs is exempt from the revenue control limit and may not exceed an amount determined for the budgeted year as follows:

1. Determine the minimum cost. The minimum cost for fiscal year 1990-1991 is $2,343. For fiscal year 1991-1992 and thereafter, the minimum cost is the minimum cost for the prior year increased by the growth rate as prescribed by law, subject to appropriation.

2. Determine the hourly rate. The hourly rate for fiscal year 1990-1991 is $9.38. For fiscal year 1991-1992 and thereafter, the hourly rate is the hourly rate for the prior year increased by the growth rate as prescribed by law, subject to appropriation.

3. Determine the title VIII of the elementary and secondary education act of 1965 revenues available by subtracting the amount of title VIII of the elementary and secondary education act of 1965 assistance used to increase the general budget limit as provided in subsections K and O of this section for the current fiscal year from the total amount of title VIII of the elementary and secondary education act of 1965 revenues received in the current fiscal year.

4. Determine the total number of administrative hours as follows:

(a) Determine the sum of the following:

(i) 1.00 hours for each high impact pupil who is not a person with a disability or does not have specific learning disabilities.

(ii) 1.25 hours for each high impact pupil who is a person with a disability or has specific learning disabilities.

(iii) 0.25 hours for each low impact pupil who is not a person with a disability or does not have specific learning disabilities.

(iv) 0.31 hours for each low impact pupil who is a person with a disability or has specific learning disabilities.

(b) For the purposes of this paragraph:

(i) "High impact pupil" means a pupil who resides on Indian lands or a pupil who resides on federal property or in low rent housing and whose parent is employed on federal property or low rent housing property or is on active duty in uniformed service, as provided in title VIII of the elementary and secondary education act of 1965, section 8003(a) (20 United States Code section 7703) and as reported in the application for title VIII of the elementary and secondary education act of 1965 assistance in the current year.

(ii) "Low impact pupil" means a pupil who resides on nonfederal property and has a parent who is employed on federal property or low rent housing property or is on active duty in a uniformed service or a pupil who resides on federal property or in low rent housing and who does not have a parent who is employed on federal property or low rent housing property or is on active duty in uniformed service, as provided in title VIII of the elementary and secondary education act of 1965, section 8003(a) (20 United States Code section 7703) and as reported in the application for title VIII of the elementary and secondary education act of 1965 assistance in the current year.

5. Multiply the total number of administrative hours determined in paragraph 4 of this subsection by the hourly rate determined in paragraph 2 of this subsection.

6. Determine the greater of the minimum cost determined in paragraph 1 of this subsection or the product determined in paragraph 5 of this subsection.

7. Add to the amount determined in paragraph 6 of this subsection the amount, if any, to be expended by the school district in the budget year through an intergovernmental agreement with other school districts or the department of education to provide title VIII of the elementary and secondary education act of 1965 technical assistance to participating districts.

8. Determine the lesser of the amount determined in paragraph 7 of this subsection or the revenues available as determined in paragraph 3 of this subsection.

9. The amount determined in paragraph 8 of this subsection is the maximum amount that may be budgeted for title VIII of the elementary and secondary education act of 1965 administrative costs for the budget year as provided in this subsection.

10. If the governing board underestimated the amount that may be budgeted for title VIII of the elementary and secondary education act of 1965, section 8007 administrative costs for the current year, the board may adjust the general budget limit and the budget before May 15. If the governing board overestimated the amount that may be budgeted for title VIII of the elementary and secondary education act of 1965 administrative costs for the current year, the board shall adjust the general budget limit and the budget before May 15.

Q. If a school district governing board has adopted a budget for a fiscal year based on forms and instructions provided by the auditor general and the department of education for that fiscal year and if, as a result of the enactment or nonenactment of proposed legislation after May 1 of the previous fiscal year, the budget is based on incorrect limits, does not include items authorized by law or does not otherwise conform with law, the governing board may revise its budget at a public hearing on or before September 15 to conform with the law. Not later than September 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction.  If the governing board does not revise the budget on or before September 15 and if the budget includes any items not authorized by law or if the budget exceeds any limits, the governing board shall adjust or revise the budget as provided in subsection E of this section.

R. Notwithstanding any other law, if a school district receives assistance pursuant to title VIII of the elementary and secondary education act of 1965, the school district shall establish a local level fund designated as the impact aid fund and deposit the impact aid monies received in the fund.  The school district shall separately account for monies in the fund and shall not combine monies in the fund with any other source of local, state or federal assistance.  Monies in the fund shall be expended pursuant to federal law only for the purposes allowed by this title. The school district shall account for monies in the fund according to the uniform system of financial records as prescribed by the auditor general. The superintendent of public instruction shall separately account for monies in each school district's impact aid fund, if an impact aid fund is established, in the annual report required by section 15-255. Monies in the fund are considered federal monies and are not subject to legislative appropriation.

S. For the purposes of this section, "title VIII of the elementary and secondary education act of 1965 assistance" means, for the current year, an amount equal to the final determination of title VIII of the elementary and secondary education act of 1965 assistance for the fiscal year preceding the current year as confirmed by the division of impact aid, United States department of education or, if a final determination has not been made, the amount estimated by the superintendent of public instruction as confirmed by the division of impact aid, United States department of education and, for the budget year, an amount equal to the determination of title VIII of the elementary and secondary education act of 1965 assistance for the fiscal year preceding the budget year as estimated by the superintendent of public instruction.
A.R.S. § 15-1153 — Arizona Code / Title 15 / Chapter 10 / Article 4 / Section 1153
15-1153 Federal funds; acceptance; disbursement
Status: in_force

15-1153. Federal funds; acceptance; disbursement

A. The state board of education may accept and direct the disbursement of funds appropriated by act of Congress and apportioned to the state for use in connection with school meal programs. The state board shall deposit, pursuant to sections 35-146 and 35-147, such funds in the school meal program fund.  Disbursements from the fund shall be made in accordance with the provisions of section 35-185.

B. Notwithstanding any provision of title 35, chapter 1 limiting the drawing of warrants after the expiration of the fiscal year in which an obligation is incurred, the state board of education may accept and direct the allocation of federal funds apportioned to the state for use in connection with school meal programs, which are received and the allocation effected not later than six months after expiration of the fiscal year for which the allocation is made.
A.R.S. § 15-1866 — Arizona Code / Title 15 / Chapter 14 / Article 6 / Section 1866
15-1866 Free expression policy; rules; Arizona board of regents; community college district governing boards; requirements
Status: in_force

15-1866. Free expression policy; rules; Arizona board of regents; community college district governing boards; requirements

A. The Arizona board of regents and each community college district governing board shall develop and adopt a policy on free expression that contains at least the following statements and requirements:

1. The primary function of an institution of higher education is the discovery, improvement, transmission and dissemination of knowledge by means of research, teaching, discussion and debate.  This statement shall provide that, to fulfill this function, the university or community college must strive to ensure the fullest degree of intellectual freedom and free expression.

2. It is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment, including, without limitation, ideas and opinions that may be unwelcome, disagreeable or deeply offensive.

3. Students and faculty members have the freedom to discuss any problem that presents itself, as the first amendment allows and within the limits of reasonable viewpoint and content-neutral restrictions on time, place and manner of expression that are consistent with this article and that are necessary to achieve a compelling institutional interest if these restrictions are clear, are published and provide ample alternative means of expression. This statement shall specify that students and faculty members may assemble and engage in spontaneous expressive activities if those activities are not unlawful and do not materially and substantially disrupt the functioning of the university or community college.

4. There is a range of disciplinary actions for a student who is subject to the jurisdiction of a university or community college and who engages in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity.

5. In all disciplinary proceedings involving students, including proceedings involving expressive conduct, a student is entitled to a disciplinary hearing under published procedures that include, at a minimum, all of the following:

(a) The right to receive advance written notice of the allegations.

(b) The right to review the evidence in support of the allegations.

(c) The right to confront witnesses who testify against that student.

(d) The right to present a defense.

(e) The right to call witnesses.

(f) A decision by an impartial person or panel.

(g) The right to appeal.

(h) If either a suspension of more than thirty days or expulsion is a potential consequence of a disciplinary proceeding under this section, the right to active assistance of counsel.

B. It is the sense of the legislature that if a student has repeatedly been determined to have engaged in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity, a punishment of suspension or expulsion from the university or community college may be appropriate.

C. This section supersedes any previous policies of a university or community college that restrict speech on campuses and that are inconsistent with the statements and requirements prescribed in this section. Each university and community college shall remove or revise any provisions in its policies or rules in order to comply with this section.

D. The Arizona board of regents and each community college district governing board may adopt rules to further the purposes of the policy adopted pursuant to subsection A of this section.  This section does not prevent universities and community colleges from regulating student speech or activity that is prohibited by law.  Except as otherwise provided by this article, universities and community colleges may restrict student expression only for expressive activity that is not protected by the first amendment of the United States Constitution, including:

1. A violation of state or federal law.

2. An expression that a court has deemed unprotected defamation.

3. Harassment. For the purposes of this paragraph, "harassment" means only that expression that is so severe, pervasive and subjectively and objectively offensive that it unreasonably interferes with an individual's access to educational opportunities or benefits provided by the university or community college.

4. A true threat. For the purposes of this paragraph, "true threat" means a statement that is meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence against a particular person or a group of persons.

5. An unjustifiable invasion of privacy or confidentiality that does not involve a matter of public concern.

6. An action that unlawfully disrupts the function of the university or community college.

7. An action prohibited by section 15-1866.01.
A.R.S. § 15-455 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 455
15-455 Formation of joint common school district; petition; election; notice; canvass
Status: in_force

15-455. Formation of joint common school district; petition; election; notice; canvass

A. A petition for the creation of a joint common school district shall include the following:

1. A description of the territory comprising the proposed district.

2. A request that the question of the creation of the proposed district be submitted to the qualified electors residing within each of the affected districts.

3. The signatures of not less than ten per cent of the qualified electors residing within the portion of the proposed district within the respective county involved. The county school superintendent of each county whose territory, or a portion thereof, will be included in the proposed district shall receive the petitions containing signatures of residents of his county.

B. Each county school superintendent with whom a petition for the creation of a joint common school district is filed shall, within fifteen days of the date of receipt, examine the petition to determine its sufficiency including the adequacy of the signatures from the portion of the proposed district within his county. If the petition is found sufficient, the county school superintendent shall transmit the petition to the state board of education.

C. If the petitions for the creation of the proposed joint common school district are found sufficient by the county school superintendent of each county whose territory or a portion thereof is to be included in the proposed district, the state board of education shall promptly schedule a review of the issue of the creation of the proposed joint common school district. Such review and the board determination on the issue of the creation of the proposed joint common school district shall be completed within sixty days of the date of receipt of the final petition.

D. The review of the issue of the creation of a proposed joint common school district shall include consideration of the following factors:

1. Operational costs.

2. Travel times and distances.

3. Climatic conditions.

4. Local terrain.

5. Number of pupils.

6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school district to a proposed joint common school district. If the state board after considering all such factors determines that the proposed new district will not cause an undue adverse effect on the operations of any existing school district or jeopardize the operation of the proposed joint common school district or cause a disproportionate amount of taxable wealth to be redistributed, it shall approve the petitions and return them to the respective county school superintendents.

E. Upon receipt of the approved petitions the county school superintendent of each county whose territory, or a portion thereof, will be included in the proposed joint common school district shall submit the question of the formation of the proposed joint common school district at a general election, or at a special election to be held for that purpose. If no general election will be held within sixty days after the date the county school superintendent receives the approved petition from the state board of education, he shall promptly call a special election to be held within forty-five days after receipt of the approved petition. Notice of such election shall be given by the county school superintendent to the boards of supervisors.

F. The county school superintendent shall cause notice of the proposed election to be posted in not less than three public places in the area within each of the affected districts and to be published one time in a newspaper of general circulation in each county, such posting and publication to be made at least ten days before the election. Such notice shall state the following:

1. The question to be voted on and the boundaries of the proposed joint common school district with sufficient definiteness to make them readily ascertainable.

2. Voter qualifications.

3. The voting places within each of the affected districts. There shall be at least one voting place in each county. The election shall be called and held, and voters shall possess qualifications as prescribed for the election of governing boards and shall be residents of the territory within each of the affected districts. Ballots shall be prepared and the officers of election appointed by the county school superintendent.

G. On the fifth day after the election the county school superintendent and the chairman of the board of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons who reside within each of the affected districts is in favor of creation of the proposed joint common school district, the boards of supervisors shall jointly declare the election and the joint common school district is established. For the purpose of this subsection a majority of the votes cast in each county of persons who reside within each of the affected districts means a majority vote of the qualified electors voting in each county in each part of an affected existing school district or affected area to be included in the proposed joint common school district and a majority vote of the qualified electors voting in each county in each part, if any, of an affected school district not to be included in the proposed joint common school district.
A.R.S. § 15-1644 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1644
15-1644 Statewide commission; membership; qualifications; duties; compensation; staffing
Status: in_force

15-1644. Statewide commission; membership; qualifications; duties; compensation; staffing

A. The Arizona board of regents shall appoint a statewide area health education centers commission consisting of not fewer than ten members and not more than twenty members who are knowledgeable about the delivery of health care in this state. Members of the commission shall advise the director on a regular basis on the management of the system and on the expenditure of monies appropriated for the system.

B. Commission members serve at the pleasure of the Arizona board of regents and are not eligible to receive compensation or reimbursement of expenses.

C. The Arizona area health education system shall provide staffing for the commission.
A.R.S. § 15-910.01 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 910.01
15-910.01 School district budgets; career and technical education and vocational education center expenses
Status: in_force

15-910.01. School district budgets; career and technical education and vocational education center expenses

A. The governing board of a school district which has entered into an intergovernmental agreement or other written contract to establish a jointly owned and operated career and technical education and vocational education center as provided in section 15-789 may budget for vocational maintenance and operation expenses which are specifically exempt in whole or part from the revenue control limit for a period of not to exceed three years beginning the first year that the career and technical education and vocational education center is operating and serving students. The governing board shall notify the state board of education before adopting a budget as provided in this section for the first year of operation of the career and technical education and vocational education center to demonstrate that the center is ready to begin operations.

B. For each year that a school district is authorized to budget for a joint career and technical education and vocational education center as provided in this section, the district shall determine the budget amount as follows:

1. Estimate the average daily membership or adjusted average daily membership for the budget year of students to be enrolled in courses held at the joint career and technical education and vocational education center pursuant to section 15-901.

2. Multiply 0.142 by the base level and multiply this product by the average daily membership or adjusted average daily membership as determined in paragraph 1 of this subsection.

C. Before May 15, school districts which overestimate the average daily membership as provided in subsection B, paragraph 1 of this section shall adjust the general budget limit and expenditures based on the actual average daily membership during the current fiscal year. School districts which underestimate the average daily membership may adjust their budgets before May 15 based on the actual average daily membership during the current fiscal year. Procedures for completing adjustments shall be prescribed in the uniform system of financial records.  Not later than May 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.

D. A governing board which budgets for career and technical education and vocational education center expenses pursuant to this section shall:

1. Prepare and employ a separate maintenance and operation budget for the career and technical education and vocational education center on a form prescribed by the superintendent of public instruction in conjunction with the auditor general. The budget format shall be designed to allow a school district to plan and provide in detail for expenditures to be incurred solely for the maintenance and operation of the career and technical education and vocational education center.

2. Prepare as a part of the annual financial report a detailed report of expenditures incurred solely for the maintenance and operation of the career and technical education and vocational education center.

E. The part of the primary tax rate set to fund the vocational maintenance and operations expenses as provided in this section shall not be included in the computation of additional state aid for education as prescribed in section 15-972.
A.R.S. § 15-1721 — Arizona Code / Title 15 / Chapter 13 / Article 7 / Section 1721
15-1721 Definitions
Status: in_force

15-1721. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the board of medical student loans.

2. "GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce for the four quarters of the calendar year.

3. "Medically underserved area" means an area of this state designated by the department of health services pursuant to title 36, chapter 24, article 1 or by federal law.

4. "Medically underserved population" means an area designated by the United States department of health and human services.

5. "Rural" means either of the following:

(a) A county with a population of less than four hundred thousand persons.

(b) A census county division with less than fifty thousand persons in a county with a population of at least four hundred thousand persons.
A.R.S. § 15-756.01 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756.01
15-756.01 State board of education; research-based models of structured English immersion; alternative English instruction models; English language learners; budget requests; definitions
Status: in_force

15-756.01. State board of education; research-based models of structured English immersion; alternative English instruction models; English language learners; budget requests; definitions

A. The state board of education shall adopt and approve research-based models of structured English immersion for school districts and charter schools to use. The department of education shall provide adequate staff support for the state board to comply with this article.  The models shall take into consideration at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The state board shall adopt and approve models that include a minimum amount of English language development as follows:

1. One hundred twenty minutes per day, six hundred minutes per week or three hundred sixty hours per school year for pupils in kindergarten programs and grades one through five.

2. One hundred minutes per day, five hundred minutes per week or three hundred hours per school year for pupils in grades six through twelve.

B. The state board of education shall adopt alternative English instruction models pursuant to section 15-753 that are based on evidence and research.

C. Pursuant to section 15-756.02, school districts and charter schools may submit models of structured English immersion and alternative English instruction to the state board of education for approval.

D. The research-based models of structured English immersion adopted and approved by the state board of education shall be the most cost-efficient models that meet all state and federal laws.

E. The research-based models of structured English immersion and the alternative English instruction models shall be limited to a regular school year and school day.  Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15-756.11.

F. The state board of education shall submit the research-based models of structured English immersion and the alternative English instruction models to the president of the senate, the speaker of the house of representatives and the governor. At least thirty days before adoption or approval, the state board shall submit the research-based models of structured English immersion and the alternative English instruction models to the joint legislative budget committee for review.

G. The state board of education shall review the research-based models of structured English immersion and the alternative English instruction models annually and delete from, add to or modify the existing models. When adopting, approving or modifying English language learner programs, the state board shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15-756.08.

H. The state board of education shall establish procedures for school districts and charter schools to determine the incremental costs to implement the research-based models of structured English immersion and the alternative English instruction models that the state board adopts or approves.

I. The state board of education shall establish a framework to evaluate the models prescribed in this section that are submitted for approval. The state board shall solicit input from experienced educators.  The framework shall ensure that the adopted or approved models meet all of the following criteria:

1. Provide coherent instruction aligned with this state's English language proficiency standards.

2. Include oral and written language instruction, including structured opportunities to develop verbal and written skills and comprehension strategies.

3. Include access to complex language content through grade-level textbooks with appropriate supports.

4. Include parental engagement strategies.

J. The state board of education shall establish a form for school districts and charter schools to determine the structured English immersion and alternative English instruction budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the portion of desegregation monies levied pursuant to section 15-910 determined by the English language learner population as a percentage of the qualified population and the ELL support level weight prescribed in section 15-943.

K. The difference calculated pursuant to subsection J of this section shall be the maximum amount of the structured English immersion and alternative English instruction budget request pursuant to section 15-756.03 for monies from the Arizona English language learner fund established by section 15-756.04.

L. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona English language learner fund, including the form prescribed in subsection J of this section.

M. This section does not prohibit a pupil who is designated as an English language learner from being concurrently enrolled in a structured English immersion model and an alternative English instruction model.

N. For the purposes of this section:

1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11.

2. "Incremental costs" means costs that are associated with a structured English immersion program pursuant to section 15-752 or an alternative English instruction program pursuant to section 15-753 and that are in addition to the normal costs of conducting programs for English proficient students.  Incremental costs do not include costs that replace the same types of services provided to English proficient students or compensatory instruction.
A.R.S. § 15-769 — Arizona Code / Title 15 / Chapter 7 / Article 4 / Section 769
15-769 Appropriation and apportionment; approval of program
Status: in_force

15-769. Appropriation and apportionment; approval of program

A. Except as provided in this section, any pupil who is a child with a disability shall be included in the entitlement to state aid computed as provided in chapter 9, article 5 of this title and apportionment made as provided in section 15-973.

B. A district may budget using the group B weight for a homebound child with a disability if the educational program meets the minimum standards established by the state board of education.  For purposes of computing the base support level, a school district shall not classify a pupil in more than one category of disability.

C. The appropriations and apportionment as provided in chapter 9, article 5 of this title shall not be granted to the governing board of a school district or county school superintendent unless the school district or county complies with this article and the conditions and standards prescribed by the superintendent of public instruction pursuant to rules of the state board of education for pupil identification and placement pursuant to sections 15-766 and 15-767.

D. If a pupil with a group B disability does not receive special education instructional services but receives at least one ancillary service, the pupil shall be considered a special education pupil for the group B funding.  If the category of disability has both a resource and self-contained weight, the pupil shall be classified as in a resource program.  For the purposes of this subsection, "ancillary service" means one of the following:

1. Physical therapy.

2. Occupational therapy.

3. Orientation and mobility training.

4. Sign language interpretation services.

5. A full-time aide needed for an individual pupil to benefit from the pupil's educational program as specified in the pupil's individualized education program.
A.R.S. § 15-107 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 107
15-107 School district overexpenditures; fiscal crisis teams; quarterly progress reports; fiscal management report; annual report; actions resulting from overexpenditures; professional development; definition
Status: in_force

15-107. School district overexpenditures; fiscal crisis teams; quarterly progress reports; fiscal management report; annual report; actions resulting from overexpenditures; professional development; definition

A. 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 under this section. If the department of education, without prior notification from a county school superintendent, determines pursuant to section 15-905, subsection L that a school district's expenditures exceed the school district's general budget limit or unrestricted capital budget limit, or both, the department shall notify the county school superintendent of the county in which the school district is located and take any actions required by this section. Notwithstanding any other law, a warrant shall not be drawn by a county school superintendent for an expenditure that is in excess of the amount budgeted and that has not been previously expended, unless the county school superintendent is notified in writing by the department of education that budget capacity exists as determined by the department based on information provided by the school district.

B. The department of education, in conjunction with the county school superintendent, shall monitor the school district and provide technical assistance to the school district and to the county school superintendent to resolve the overexpenditure.

C. If the department of education determines that the school district has failed to take appropriate action to resolve the overexpenditure or that the original notice of overexpenditure pursuant to subsection A of this section constitutes an overexpenditure that will cause the school district's overall expenditures to exceed the school district's general budget limit or unrestricted capital budget limit by $50,000 or one-half of one percent, whichever is less, the department shall request that the matter be placed on the agenda of a meeting of the state board of education for action pursuant to this section.

D. At the request of the department of education, the state board of education shall call a public meeting to consider overexpenditures by any school district. The state board of education shall require the superintendent of the school district and any other school district personnel who may have information relevant to the overexpenditure to appear before the state board of education. After testimony from all interested parties, the state board of education shall take one of the following actions:

1. Require the department of education, in conjunction with the county school superintendent, to monitor the expenditures of the school district.

2. Direct the department of education to contract with a level one fiscal crisis team. The level one fiscal crisis team shall provide on-site oversight and off-site monitoring for the school district for not longer than twelve months and shall advise the school district on all financial issues and professional development training related to financial issues.

3. Direct the department of education to contract with a level two fiscal crisis team. The level two fiscal crisis team shall provide on-site oversight and off-site monitoring for the school district for not longer than twenty-four months, shall have the authority prescribed for level one fiscal crisis teams and may override any financial act or decision of the school district, including expenditures.

4. Appoint a receiver who, subject to the discretion of the state board of education, may take any actions prescribed in section 15-103, subsection F.

E. The level one and level two fiscal crisis teams shall be composed of at least one person who has knowledge of school finance and may include current or former school district financial officers, current or former school district business managers, certified public accountants and current or former school district superintendents. The fiscal crisis teams shall not include employees of the state board of education or the department of education.

F. The expenses incurred by a fiscal crisis team or by a receiver appointed pursuant to this section shall be paid by the school district.  The state board of education shall review the expenses and costs of each fiscal crisis team at least once each calendar quarter.

G. Beginning ninety days after submitting the fiscal management report prescribed in subsection H of this section, the fiscal crisis team or receiver appointed pursuant to this section shall submit a detailed written quarterly progress report to the state board of education that includes all of the following:

1. The results of the review of the school district's finances, including expenditures.

2. The recommendations and decisions made by the fiscal crisis team or the receiver appointed pursuant to this section.

3. The status of the fiscal management plan described pursuant to subsection H of this section.

4. Recommendations to the state board of education on the content of professional development training related to overexpenditures.

5. Any recommendations of potential action to be taken concerning professional certificates issued to school district personnel by the state board of education or the department of education. The state board of education shall review the recommendations submitted pursuant to this paragraph and shall take appropriate action.

H. After appointment, the fiscal crisis team or the receiver appointed pursuant to this section shall review the financial affairs of the school district and may work with school finance personnel at the department of education to ensure that the finances of the school district are in compliance with the laws of this state. A school district that has been assigned a fiscal crisis team or a receiver pursuant to this section shall submit, in consultation with the receiver or the fiscal crisis team, a fiscal management report to the state board of education within one hundred twenty days after the date that the state board of education appointed the receiver or the fiscal crisis team. The fiscal management report shall include the following:

1. A description of the fiscal management plan that has been implemented to correct the overexpenditure, including the following:

(a) The manner in which the fiscal management plan will address the findings and recommendations of the fiscal crisis team.

(b) A timeline for complete resolution of the overexpenditure.

(c) A detailed explanation of the methods and procedures that will be implemented to prevent future overexpenditures.

(d) The identification of any issues that need to be resolved before the fiscal management plan may be fully implemented.

(e) The identification of any long-term issues resulting from the overexpenditure that will extend to future fiscal years.

2. A description of the manner in which the fiscal management plan was developed, including identification of the role of the fiscal crisis team or the receiver, the role of the school district governing board and the role of the administrators of the school district.

I. On or before December 31, the state board of education shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives. The state board shall provide a copy of this report to the secretary of state. The annual report shall include the following:

1. A summarized compilation of the fiscal management reports submitted by school districts pursuant to subsection H of this section.

2. The actions taken by the state board of education, the department of education, school districts, fiscal crisis teams and receivers during the most recently completed fiscal year.

3. Recommendations regarding improvements to the laws of this state or to administrative actions required under the laws of this state.

J. A school district that is assigned a level two fiscal crisis team or a receiver pursuant to this section shall require professional development training for school district governing board members and appropriate administrative personnel of the school district, including the school district superintendent, who are involved in district finances and budgeting, as determined by the level two fiscal crisis team or by the receiver. 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 school district. Governing board members and district administrative personnel shall complete at least twelve hours of professional development training within one hundred twenty days after the assignment of a level two fiscal crisis team or the appointment of a receiver. The fiscal crisis team or the receiver shall report to the state board of education whether the professional development training requirements prescribed in this subsection have been met.

K. A school district governing board member who fails to complete the professional development training within the time prescribed in subsection J 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 school district governing board member for failure to comply with the professional development training requirements prescribed in subsection J of this section. If a court determines that a school district governing board member failed to comply with the professional development training requirements prescribed in subsection J of this section, the court shall issue an order removing the school district governing board member from office. Any vacancy in the office of the school district governing board as a result of a court order issued pursuant to this subsection shall be filled in the manner provided by law.

L. If any of the administrative personnel of the school district fails to complete the professional development training within the time prescribed in subsection J of this section, the state board of education may take appropriate action concerning current certificates held by that person.

M. All information received and records or reports kept by the state board of education during an investigation resulting from a complaint against a receiver appointed pursuant to this section or section 15-103 are confidential and not a public record.

N. For the purposes of this section, "overexpenditure" means an expenditure that exceeds any of the following:

1. The general budget limit of the school district or the amount budgeted by the school district, whichever is less.

2. The unrestricted capital budget limit of the school district or the amount budgeted for capital by the school district, whichever is less.
A.R.S. § 15-751 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 751
15-751 Definitions
Status: in_force

15-751. Definitions

(Caution:  1998 Prop. 105 Applies)

In this article,

1. "Bilingual education/native language instruction" means a language acquisition process for students in which much or all instruction, textbooks, or teaching materials are in the child's native language other than English.

2. "English language classroom" means a classroom in which English is the language of instruction used by the teaching personnel, and in which such teaching personnel possess a good knowledge of the English language.  English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms

3. "English language mainstream classroom" means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English.

4. "English learner" or "limited English proficient student" means a child who does not speak English or whose native language is not English, and who is not currently able to perform ordinary classroom work in English.

5. "Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language.  Books and instructional materials are in English and all reading, writing, and subject matter are taught in English.  Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English.  This educational methodology represents the standard definition of "sheltered English" or "structured English" found in educational literature.
A.R.S. § 15-816.01 — Arizona Code / Title 15 / Chapter 8 / Article 1.1 / Section 816.01
15-816.01 Open enrollment policies; preference; selection process; transportation; reporting requirements; public awareness effort
Status: in_force

15-816.01. Open enrollment policies; preference; selection process; transportation; reporting requirements; public awareness effort

A. School district governing boards shall establish policies and shall implement an open enrollment policy without charging tuition.  Tuition may be charged to nonresident pupils only if the tuition is authorized under section 15-764, subsection C, section 15-797, subsection C, section 15-823, subsection A, section 15-824, subsection A or section 15-825 or if two school districts have entered into a voluntary agreement for the payment of tuition for certain pupils. These policies shall include the information required by subsection I of this section, basic information that is needed to request enrollment and that is consistent with guidance and state and federal law regarding pupil privacy and civil rights, and information regarding the provision of transportation or resources for transportation. The policies must be easily accessible from the home page on each school's website and be available in English and in Spanish or in any other language used by a majority of the populations served by the school or school district. A school district shall update on each school's website the school's capacity and whether the school is currently accepting open enrollment students, by grade level, at least once every twelve weeks unless there are no changes to report for the individual school. If a school has any other separate capacity by specialized program, the information required pursuant to this subsection shall also be posted by specialized program. Schools shall accept pupils throughout the school year as capacity allows. Pupils who are denied access due to capacity shall be informed that they are on a wait list and of the details regarding the process prescribed in subsection E of this section.  Pupils shall be selected as seats become available.

B. A school district shall enroll at any time any resident pupil who applies for enrollment to the school district pursuant to this section. A school district shall give enrollment preference to and reserve capacity for all of the following:

1. Resident pupils.

2. Pupils returning to the school from the prior year.

3. Siblings of pupils already enrolled.

C. A school district may give enrollment preference to children who:

1. Are in foster care.

2. Meet the definition of unaccompanied youth prescribed in the McKinney-Vento homeless assistance act (P.L. 100-77; 101 Stat. 482; 42 United States Code section 11434a).

3. Attend a school that is closing.

4. Are children of a member of the armed forces of the United States who either is on active duty or was killed in the line of duty.

D. A school district may give enrollment preference to and reserve capacity for all of the following:

1. Pupils who are children of persons who are employed by or at a school in the school district.

2. Resident transfer pupils and their siblings.

3. Pupils who meet additional criteria established and published by the school district governing board pursuant to subsection A of this section.

E. If remaining capacity at a school, as determined by the school district governing board, is insufficient to enroll all pupils who submit a timely request, the school or school district shall select pupils through an equitable selection process such as a lottery, except that preference shall be given to the siblings of a pupil selected through an equitable selection process such as a lottery.

F. Except as provided in subsections A through E of this section, a school that is operated by a school district may not limit admission based on any of the following:

1. Ethnicity or race.

2. National origin.

3. Sex.

4. Income level.

5. Disability.

6. Proficiency in the English language.

7. Athletic ability.

G. The governing board of the district educating the pupil may provide transportation limited to not more than thirty miles each way to and from the school of attendance or to and from a pickup point on a regular transportation route or for the total miles traveled each day to an adjacent district for eligible nonresident pupils who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1793) for free or reduced-price lunches.

H. The governing board of the district educating the pupil shall provide transportation limited to not more than thirty miles each way to and from the school of attendance or to and from a pickup point on a regular transportation route or for the total miles traveled each day to an adjacent district for nonresident pupils with disabilities whose individualized education program specifies that transportation is necessary to fulfill the program.

I. The state board of education shall adopt a model format that school districts may use for describing open enrollment options to ensure clarity and consistency for parents in understanding their enrollment options as described in this section and enrollment capacity at each school, including the ability to choose any school within the school district of residence or any other school district in this state. The state board of education shall adopt rules, policies and guidance consistent with state and federal law for school districts to use while enrolling students pursuant to this article.  Pursuant to the supervisory duties of the superintendent of public instruction, the department of education shall investigate and enforce any complaints that the department receives or substantiated claims of unlawful or inappropriate enrollment practices by school districts pursuant to state and federal law and shall refer any complaints received regarding charter schools to the state board for charter schools to investigate and enforce. The department of education shall regularly update the state board of education on its investigations pursuant to this subsection.

J. The department of education shall provide an annual report that informs the public and policymakers of the open enrollment participation rate by school district, school and county, including the number of pupils, by student subgroup designation, in each school and school district that are open enrolled as resident pupils, resident transfer pupils or nonresident pupils for each school district and the school districts and zip codes from which students are enrolling.  By fiscal year 2022-2023, this participation report shall also include the number of pupils enrolled in charter schools and the school districts from which those pupils are enrolling.

K. Subject to the availability of appropriated monies, each January the state board of education shall design a public awareness effort to distribute materials that do all of the following:

1. Communicate to the public the ability to choose any public school in this state.

2. Direct the public to resources to learn about school choice options in this state.

3. Instruct the public how to request enrollment for pupils.

L. The state board of education may include other options in its informational materials and messaging developed under subsection K of this section.

M. In designing the public awareness effort and distributing materials under subsection K of this section, the state board of education may collaborate with both:

1. Public and private partners to assist the state board in achieving the objectives prescribed in subsection K of this section.

2. The department of education in providing parents and the public with informational resources.
A.R.S. § 15-792.02 — Arizona Code / Title 15 / Chapter 7 / Article 6 / Section 792.02
15-792.02 Board examination system; private contractor; duties; rules
Status: in_force

15-792.02. Board examination system; private contractor; duties; rules

A. The state board of education shall select and enter into a five-year agreement with a private organization to operate and administer the board examination system prescribed in this article.

B. The private organization selected by the state board of education shall:

1. Identify, select and collaborate with a national organization that is devoted to issues concerning education and the economy and that is selected by the state board of education to provide technical services to develop and maintain an interstate system of approved board examination systems.

2. Provide data and other information to a national organization that is devoted to issues concerning education and the economy and that is selected by the state board of education to provide technical services the national organization deems necessary to set appropriate performance standards for the students in this state. The department of education shall provide data and other information to the private organization.

3. Conduct technical studies required by the state board of education to compare the scores on approved board examinations by the students in this state to scores on the statewide assessment and other measures deemed necessary to ensure the efficacy of the approved board examinations.  The private organization may contract with other entities that are selected by the state board of education for the purpose of conducting technical studies.

4. In cooperation with the superintendent of public instruction and the state board of education, solicit monies from all lawful private and public sources, including federal monies, to offset the costs of instruction provided to students under this article.

5. Exercise general supervision over the implementation of the approved board examination systems in this state for the duration of the five-year contract. These examination systems shall meet the following criteria:

(a) Appear on a list of approved board examination systems selected by the interstate compact.

(b) Be periodically evaluated to ensure alignment with internationally benchmarked standards selected by an interstate compact on board examination systems.

(c) Have common passing scores that are prescribed by an interstate compact on board examination systems and that are set to the level of skills and knowledge needed to succeed in college-level courses offered by community colleges in this state that count toward a degree or certificate without taking remedial or developmental coursework. The private organization, on approval of the state board of education and with input from representatives from school districts, charter schools, community colleges and universities in this state, shall designate two individuals to represent this state in an interstate compact on board examination systems to prescribe the common passing scores prescribed in this subdivision.

6. Prepare an annual report for the state board of education, which shall forward it to the legislature and the governor, on the progress made toward the goals established in this article and provide copies to the secretary of state.  Participating schools and the department of education shall provide data to the private organization as needed in order to complete the annual report.

7. Identify, select and represent this state on the national governing body of an interstate compact on board examination systems, as approved by the state board of education, to enable states to collaborate in the following areas:

(a) Selecting board examination systems for use in those states.

(b) Providing technical assistance required to implement the board examination systems effectively in those states for the use of those examinations.

(c) Entering into contracts with board examination system providers or with a national organization that is devoted to issues concerning education and the economy to develop new or improved board examination systems.

8. Select this state's representatives in an interstate compact on board examination systems in accordance with policies prescribed by that interstate compact.

C. The state board of education shall adopt rules to carry out the purposes of this section and shall select college and career ready examinations that are available to pupils in grade eight, including those pupils who intend to participate in the board examinations system in high school.  The examinations shall be selected to provide data to pupils, their families and schools regarding the pupil's level of preparation for entry into a college and career ready pathway in high school.

D. Pursuant to rules adopted by the state board of education, the department of education shall develop a system to track the academic progress of pupils who participate in the board examination system.

E. All actions taken pursuant to this section shall comply with the family educational rights and privacy act of 1974 (P.L. 93-380), as amended.
A.R.S. § 15-756 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756
15-756 Identification of English language learners
Status: in_force

15-756. Identification of English language learners

A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the superintendent of public instruction.

B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of English language proficiency assessments in a manner prescribed by the superintendent of public instruction.  The test scores adopted by the superintendent as indicating English language proficiency shall be based on the test publishers' designated scores. The department shall annually request an appropriation to pay for the purchase of all language proficiency assessments, scoring and ancillary materials as prescribed by the department for school districts and charter schools.

C. If it is determined that a pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15-752 or 15-753.
A.R.S. § 15-823 — Arizona Code / Title 15 / Chapter 8 / Article 2 / Section 823
15-823 Admission; residents of other school districts; nonresidents of this state; tuition
Status: in_force

15-823. Admission; residents of other school districts; nonresidents of this state; tuition

A. Except as provided in subsections B, C, D, E, F, G and H of this section, children of nonresidents of this state may be admitted on payment of a reasonable tuition fixed by the governing board.

B. The governing board shall admit children of nonresident teaching and research faculty of community college districts and state universities and children of nonresident graduate or undergraduate students of community college districts and state universities whose parent's presence at the district or university is of international, national, state or local benefit without payment of tuition.

C. The governing board shall admit children who are residents of the United States but who are nonresidents of this state without payment of tuition if evidence indicates that the child's physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.

D. The governing board may admit nonresident foreign students who are in exchange programs without payment of tuition or as it may otherwise prescribe.

E. Notwithstanding subsection D of this section, beginning in the 2016-2017 school year the governing board may admit the same number of nonresident foreign students who are in exchange programs and who are recipients of a J-1 visa pursuant to federal law, that is equal to the number of resident students enrolled in that local education agency who are currently participating in a foreign exchange program, as determined by the department, without the payment of tuition.

F. The governing board may admit children who are residents of the United States without payment of tuition if evidence indicates that because the parents are homeless or the child is abandoned, as defined in section 8-201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.

G. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:

1. The child is a member of a federally recognized Indian tribe.

2. The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member.

3. The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States.

4. The governing board enters into an intergovernmental agreement with the governing board of the school district in another state in which the nonresident child resides. The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the number of resident children that are admitted by the governing board in another state.

H. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:

1. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.

2. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on behalf of the child's parent or legal guardian in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.

I. The governing board shall charge reasonable tuition for the number of nonresident pupils who reside in another state and who are admitted by a governing board in this state pursuant to subsection G of this section that exceeds the number of resident pupils from this state who are admitted into a school district by the other state.

J. The governing board of a school district shall pay reasonable tuition for the number of resident pupils who reside in that school district and who are admitted by a school district in another state pursuant to subsection G of this section that exceeds the number of nonresident pupils from that other state who are admitted by the governing board into that school district in this state.

K. Children admitted under this section shall be counted or not counted as resident pupils as prescribed in section 15-824, subsection D.

L. Except as provided in subsections E, H and K of this section, a school district or a charter school shall not include pupils who are not residents of this state in the district's or charter school's student count and shall not obtain state funding for those pupils.
A.R.S. § 15-943.01 — Arizona Code / Title 15 / Chapter 9 / Article 3 / Section 943.01
15-943.01 Maintenance and operation budget balance; definition
Status: in_force

15-943.01. Maintenance and operation budget balance; definition

A. The governing board of a school district may budget any budget balance in the maintenance and operation section of the budget, as provided in section 15-903, from the current fiscal year for use in the maintenance and operation section of the budget in the budget year. The amount that may be budgeted as the budget balance carryforward in any one fiscal year shall not include any budget balance attributable to any reduction in the district's general budget limit, including reductions for items that are exempt from the revenue control limit and for which expenditures are limited to a designated purpose such as monies levied pursuant to section 15-910, subsection G. The amount budgeted as the budget balance carryforward is specifically exempt from the revenue control limit.

B. If the actual amount of the allowable budget balance carryforward is less than the amount budgeted for the budget balance carryforward, the governing board shall adjust the general budget limit and expenditures before May 15 based on the actual allowable budget balance carryforward. If the actual amount of the allowable budget balance carryforward is more than the amount budgeted for the budget balance carryforward, the governing board may adjust its budget before May 15 based on the actual amount of the allowable fund balance carryforward.  Not later than May 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.

C. If the governing board is eligible to budget for a budget balance carryforward as provided in subsection A of this section, the governing board may transfer an amount from the district's ending cash balance of the maintenance and operations fund to the school opening fund. The school opening fund is a cash controlled fund as provided in section 15-905, subsection N, and may be spent only for the additional maintenance and operations expenses incurred in the first year of operation of a new school within the school district. The monies in the school opening fund are not subject to reversion, except that at the end of five years of no activity in the fund, any remaining monies revert to the maintenance and operations fund.  Any monies so reverted may be considered additional budget balance for that fiscal year.

D. If a governing board transfers monies as provided in subsection C of this section, the amount so transferred in a fiscal year shall be subtracted from the amount the district would otherwise be eligible to budget for that fiscal year as provided in subsection A of this section. The difference, if any, is the maximum amount that may be budgeted for that fiscal year as a budget balance carryforward.

E. For the purposes of this section, "budget balance" means the difference between actual and budgeted expenditures.
A.R.S. § 15-534.03 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 534.03
15-534.03 Service of documents; change of address notice requirement
Status: in_force

15-534.03. Service of documents; change of address notice requirement

A. Every notice or decision issued by the state board of education pertaining to the denial of an application for initial certification or renewal of a certificate or pertaining to disciplinary action against a certificated person shall be served by personal delivery or certified mail, return receipt requested, to the applicant or certificated person's last address of record with the department of education or by any other method that is reasonably calculated to give actual notice to the applicant or the certificated person.

B. Each applicant or certificated person shall inform the department of education of any change of address within thirty days of the change of address.
A.R.S. § 15-1635.01 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1635.01
15-1635.01 Transfer of technology developed by universities; intellectual property policies; officer or employee interest in private entity
Status: in_force

15-1635.01. Transfer of technology developed by universities; intellectual property policies; officer or employee interest in private entity

A. To encourage the exchange of technological expertise, new research development and other valuable information between private enterprise and the university system in this state and to facilitate the transfer of technology developed by officers or employees of universities under the jurisdiction of the Arizona board of regents to commercial, nonprofit and entrepreneurial enterprises for the economic development of this state and for the public benefit, the Arizona board of regents shall maintain intellectual property policies that allow, on a case-by-case negotiated basis, the licensing, assignment or other transfer of intellectual property owned by the board to third parties if the transfer is in the best interest of this state and the university system or the transfer otherwise promotes the dissemination of university research for the public benefit.

B. Notwithstanding title 38, chapter 3, article 8, the Arizona board of regents, a university or an entity authorized to manage intellectual property on behalf of the board or a university may enter into agreements to transfer intellectual property owned by the board to an officer or employee of an institution under the jurisdiction of the Arizona board of regents or to an entity in which an officer or employee maintains a substantial interest as defined by section 38-502.

C. Before concluding an agreement for the transfer of any intellectual property owned by the Arizona board of regents to an officer or employee of the board or a university or to an entity in which an officer or employee of the board or a university maintains a substantial interest, the board or university shall do all of the following:

1. Identify, on a case-by-case basis, individual and institutional conflicts of interest and conflicts of commitment that may arise as a result of the proposed transfer.

2. Determine whether the potential conflicts are manageable.

3. If the potential conflicts are manageable, develop a conflict management plan and enter into agreements as necessary for the appropriate management and oversight of the potential conflicts in conformance with policies of the Arizona board of regents and the university.

D. The board shall maintain appropriate policies and procedures for the implementation of this section.
A.R.S. § 15-741.03 — Arizona Code / Title 15 / Chapter 7 / Article 3 / Section 741.03
15-741.03 Statewide assessment; contracts; JLBC review
Status: in_force

15-741.03. Statewide assessment; contracts; JLBC review

Notwithstanding any other law, the department of education may not renew any current contract for any portion of the statewide assessment adopted pursuant to section 15-741 or reestablish a new contract for any portion of the statewide assessment adopted pursuant to section 15-741 without a review by the joint legislative budget committee.
A.R.S. § 15-120.07 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 120.07
15-120.07 High school sports; automatic external defibrillators; definitions
Status: in_force

15-120.07. High school sports; automatic external defibrillators; definitions

A. Notwithstanding title 36, chapter 21.1, article 3, beginning August 1, 2026, each public school in this state that provides instruction to students in any of grades nine through twelve and that sponsors an athletic team or sports program shall:

1. Provide an automated external defibrillator at each school campus and school-sponsored athletic event.

2. Ensure that each automated external defibrillator that is provided pursuant to paragraph 1 of this subsection is all of the following:

(a) In an unlocked location that is clearly marked and easily accessible both during the school day and at each school-sponsored athletic event.

(b) In a location from which the automated external defibrillator may be promptly retrieved and used at the school or school-sponsored athletic event.

(c) In a location that complies with guidelines that are established by a nationally recognized organization that is focused on emergency cardiovascular care.

(d) Maintained in good working order and tested according to the manufacturer's guidelines.

B. A school district or charter school may accept gifts, grants, donations and in-kind donations for the purposes of this section, including to purchase and maintain automated external defibrillators.

C. For the purposes of this section:

1. "Automated external defibrillator" has the same meaning prescribed in section 36-2261.

2. "School-sponsored athletic event":

(a) Means an event that takes place on a school campus and that is related to a sport or other athletic activity in which students participate as individuals or as members of a team.

(b) Includes scheduled practices, trainings and competitions.
A.R.S. § 15-1285 — Arizona Code / Title 15 / Chapter 10.1 / Article 1 / Section 1285
15-1285 Local revenues and revenue control limitations; exemption
Status: in_force

15-1285. Local revenues and revenue control limitations; exemption

(Caution:  1998 Prop. 105 applies)

Notwithstanding any other law, monies received by school districts and career technical education districts pursuant to this chapter:

1. Are not considered local revenues for the purposes of article IX, section 21, Arizona constitution.

2. Are exempt from any budgetary, expenditure or revenue control limit that would limit the ability of school districts or career technical education districts to accept or expend those monies.
A.R.S. § 15-973 — Arizona Code / Title 15 / Chapter 9 / Article 5 / Section 973
15-973 Apportionment of funds; expenditure limitation
Status: in_force

15-973. Apportionment of funds; expenditure limitation

A. The state board of education shall apportion state aid from appropriations made for that purpose to the several counties on the basis of state aid entitlement for the school districts in each county. An allowance shall not be made for nonresident alien children or for wards of the United States for whom tuition is paid, but attendance of a student in a school of a county adjoining the county of the student's residence outside the state under a certificate of educational convenience as provided by section 15-825 shall be deemed to be enrollment in the school of the county or school district of the student's residence.

B. Apportionments shall be made as follows:

1. By the close of business on the fifteenth day of business of July, one-twelfth of the total amount to be apportioned during the fiscal year.

2. By the close of business on the fifteenth day of business of August, one-twelfth of the total amount to be apportioned during the fiscal year.

3. By the close of business on the fifteenth day of business of September, one-twelfth of the total amount to be apportioned during the fiscal year.

4. By the close of business on the fifteenth day of business of October, one-twelfth of the total amount to be apportioned during the fiscal year.

5. By the close of business on the fifteenth day of business of November, one-twelfth of the total amount to be apportioned during the fiscal year.

6. By the close of business on the fifteenth day of business of December, one-twelfth of the total amount to be apportioned during the fiscal year.

7. By the close of business on the fifteenth day of business of January, one-twelfth of the total amount to be apportioned during the fiscal year.

8. By the close of business on the fifteenth day of business of February, one-twelfth of the total amount to be apportioned during the fiscal year.

9. By the close of business on the fifteenth day of business of March, one-twelfth of the total amount to be apportioned during the fiscal year.

10. By the close of business on the fifteenth day of business of April, one-twelfth of the total amount to be apportioned during the fiscal year.

11. By the close of business on the fifteenth day of business of May, one-twelfth of the total amount to be apportioned during the fiscal year.

12. By the close of business on the fifteenth day of business of June, one-twelfth of the total amount to be apportioned during the fiscal year.

The superintendent of public instruction shall furnish to the county treasurer and the county school superintendent an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the county treasurer of each county for the amount apportioned. On receipt of the warrant, the county treasurer shall notify the county school superintendent of the amount, together with any other monies standing to the credit of that school district, in the county school fund.

C. Notwithstanding subsection B of this section, if sufficient appropriated monies are available and on a showing by a school district that additional state monies are necessary for current expenses, an apportionment or part of an apportionment of state aid may be paid to the school district before the date set for that apportionment by subsection B of this section. A school district may not receive more than three-fourths of its total apportionment before May 1 of the fiscal year.  Early payments pursuant to this subsection must be approved by the state treasurer, the director of the department of administration and the superintendent of public instruction.

D. The superintendent of public instruction shall not make application to the federal government to utilize title VIII of the elementary and secondary education act of 1965 monies in determining the apportionment prescribed in this section.

E. If a school district that is eligible to receive monies pursuant to this article is unable to meet a scheduled payment on any lawfully incurred long-term obligation for debt service as provided in section 15-1022, the county treasurer shall use any amount distributed pursuant to this section to make the payment. The county treasurer shall keep a record of all the instances in which a payment is made pursuant to this subsection.  Any monies subsequently collected by the district to make the scheduled payment shall be used to replace the amount diverted pursuant to this subsection.  When determining the total amount to be funded by a levy of secondary taxes on property within the school district for the following fiscal year, the county board of supervisors shall add to the amounts budgeted to be expended during the following fiscal year an amount equal to the total of all payments pursuant to this subsection during the current fiscal year that were not repaid during the current year.

F. The total amount of state monies that may be spent in any fiscal year by the state board of education for apportionment of state aid for education shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

G. The department of education may require local education agencies to submit the student level data necessary to determine the apportionment of state aid pursuant to this section on or before July 1 and on or before the first day of each month thereafter.
A.R.S. § 15-840 — Arizona Code / Title 15 / Chapter 8 / Article 3 / Section 840
15-840 Definitions
Status: in_force

15-840. Definitions

In this article, unless the context otherwise requires:

1. "Expulsion" means the permanent withdrawal of the privilege of attending a school unless the governing board reinstates the privilege of attending the school.

2. "Suspension" means the temporary withdrawal of the privilege of attending a school for a specified period of time.
A.R.S. § 15-119 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 119
15-119 Vacant and partially used buildings; list; sale or lease; equipment; definitions
Status: in_force

15-119. Vacant and partially used buildings; list; sale or lease; equipment; definitions

A. The division of school facilities within the department of administration shall annually publish a list of vacant buildings and partially used buildings that are owned by this state or by school districts in this state and that may be suitable for the operation of a school. The division of school facilities shall make the list publicly available on the website of the division of school facilities and on request to applicants for charter schools, to applicants applying to the division of school facilities for additional space and to existing district and charter schools. The list shall include the address of each building, a short description of the building, the name of the owner of the building and any other pertinent information related to the vacancy and capacity of the building. The division of school facilities shall annually submit the list to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the list to the secretary of state and the state board for charter schools.

B. If a school district decides to sell or lease a vacant building or partially used building, the school district may not prohibit a charter school or a private school from negotiating to buy or lease the property in the same manner as other potential buyers or lessees. A school district may not accept an offer for the sale or lease of the vacant building or partially used building from a potential buyer or lessee that is less than an offer from a charter school or private school. This section does not require the owner of a building on the list to sell or lease the building or a portion of the building to a charter school, to any other school or to any other prospective buyer or tenant, except that the owner of a building on the list may not withdraw the property from sale or lease solely because a charter school or private school is the highest bidder. At the conclusion of a lease for an existing tenant that is a public school or that is providing services to public school students, the lease may be terminated, renewed according to the terms of the existing agreement, or renewed with a negotiated increase. The building owner must provide the rationale for a proposed increase to the lessee, which may include considerations for the percentage of revenue that should be dedicated to educational facilities, inflators related to student enrollment increases or the annual GDP price deflator as defined in section 41-563, or expenses for building and parking lot maintenance and upgrades.

C. A school district may sell used equipment to a charter school or private school before the school district attempts to sell or dispose of the equipment by other means.

D. Buildings that are used for career and technical education, special education services, preschool programs, schools that have been open for fewer than five years or magnet schools are not considered partially used buildings for the purposes of this section, except that this exemption may not be applied to more than twenty-five percent of a district's school buildings.

E. For the purposes of this section:

1. "Partially used building" means a building with at least four thousand five hundred square feet of contiguous, unused space.

2. "Vacant building" means a building that has been vacant and unused for at least two years.
A.R.S. § 15-406 — Arizona Code / Title 15 / Chapter 4 / Article 1 / Section 406
15-406 Cost of elections
Status: in_force

15-406. Cost of elections

A. The cost of all special elections provided in this title, including the preparation of ballots, shall be charged against the funds of the school district or districts involved.

B. The county school superintendent shall contract with the board of supervisors for holding regular school district elections. The contracted cost of such school elections shall be a charge against the county school superintendent who shall prorate such costs to the districts.
A.R.S. § 15-806 — Arizona Code / Title 15 / Chapter 8 / Article 1 / Section 806
15-806 Excuse from school attendance
Status: in_force

15-806. Excuse from school attendance

A. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils for religious purposes.  The policy may permit a pupil to be excused from school attendance for religious purposes, including participation in religious exercises or religious instruction. If the policy permits a pupil to be excused for religious purposes, the policy shall stipulate the conditions under which the excuse will be granted. These conditions shall include at least the following:

1. The person who has custody of the pupil has given written consent.

2. Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group.

B. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils from school attendance. The policy shall require the school district to apply to the department of education for authorization of school closure for the following reasons:

1. Widespread illness for any period of three consecutive days or more.

2. Adverse weather conditions for any period of three consecutive days or more.

3. Concerted refusal by students to attend classes for any period of three consecutive days or more.

4. Threats of violence against school property, school personnel or pupils for any period of one day or more.

5. Situations affecting the safety of persons or property resulting from fire, flooding or floodwater, an earthquake, a hazardous material event or another cause if approved by the department of education.
A.R.S. § 15-763.01 — Arizona Code / Title 15 / Chapter 7 / Article 4 / Section 763.01
15-763.01 Surrogate parent; notification; appointment
Status: in_force

15-763.01. Surrogate parent; notification; appointment

A. A petition for the appointment of a surrogate parent for a child with a disability shall be made to the department of education if any of the following conditions has been met:

1. A parent as defined in 34 Code of Federal Regulations section 300.30 cannot be identified.

2. A public agency cannot determine the whereabouts of a parent, after having made reasonable attempts.

3. The child is a ward of the state, and a parent as defined in 34 Code of Federal Regulations section 300.30 cannot be identified or a public agency cannot determine the location of a parent after having made reasonable attempts. In the case of a child who is a ward of the state, the surrogate parent may alternately be appointed by the judge who oversees the child's case if the surrogate parent meets the requirements of this section.

4. The child meets the criteria of an unaccompanied youth as defined in the McKinney-Vento homeless assistance act (42 United States Code section 11434a(6)).

B. If allowed by state and federal law, the department of education shall notify the court of competent jurisdiction if the department of education appoints a surrogate parent for a ward of the state pursuant to subsection A of this section.

C. In order for a person to be eligible to receive an appointment as a surrogate parent for a child with a disability, all of the following must be true:

1. The person shall be determined by the department of education to possess knowledge and skills that will ensure adequate representation of the child.

2. The person may not be an employee of a state agency if that agency is involved in the education or care of the child.

3. The person may not have any interests that would conflict with the best interests of the child.

4. The person shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

D. A person who is appointed as a surrogate parent for a child with a disability shall not be deemed to be an employee of the state solely as a result of serving as a surrogate parent and receiving compensation for that service.
A.R.S. § 15-841 — Arizona Code / Title 15 / Chapter 8 / Article 3 / Section 841
15-841 Responsibilities of pupils; expulsion; alternative education programs; alternative to suspension programs; placement review committee
Status: in_force

15-841. Responsibilities of pupils; expulsion; alternative education programs; alternative to suspension programs; placement review committee

A. Pupils shall comply with the rules, pursue the required course of study and submit to the authority of the teachers, the administrators and the governing board. A teacher may send a pupil to the principal's office in order to maintain effective discipline in the classroom.  If a pupil is sent to the principal's office pursuant to this subsection, the principal shall employ appropriate discipline management techniques that are consistent with rules adopted by the school district governing board.  A teacher may remove a pupil from the classroom if either of the following conditions exists:

1. The teacher has documented that the pupil has repeatedly interfered with the teacher's ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.

2. The teacher has determined that the pupil's behavior is so unruly, disruptive or abusive that it seriously interferes with the teacher's ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.

B. A pupil may be expelled for continued open defiance of authority, continued disruptive or disorderly behavior, violent behavior that includes use or display of a dangerous instrument or a deadly weapon as defined in section 13-105, use or possession of a gun, or excessive absenteeism.  A pupil may be expelled for excessive absenteeism only if the pupil has reached the age or completed the grade after which school attendance is not required as prescribed in section 15-802.  A school district may expel pupils for actions other than those listed in this subsection as the school district deems appropriate. Any expulsions of pupils in a kindergarten program and grades one through four must comply with section 15-843, subsection K.

C. A school district may refuse to admit any pupil who has been expelled from another educational institution or who is in the process of being expelled from another educational institution.

D. A school district, annually or on the request of any pupil or the parent or guardian, may review the reasons for the pupil's expulsion and consider readmission.

E. As an alternative to suspension or expulsion, the school district may reassign any pupil to an alternative education program if the pupil does not meet the requirements for participation in the alternative to suspension program prescribed in subsection I of this section and if good cause exists for expulsion or for a long-term suspension.

F. A school district may reassign a pupil to an alternative education program if the pupil refuses to comply with rules, refuses to pursue the required course of study or refuses to submit to the authority of teachers, administrators or the governing board.

G. A school district or charter school shall expel from school for a period of not less than one year a pupil who is determined to have brought a firearm to a school within the jurisdiction of the school district or the charter school, except that the school district or charter school may modify this expulsion requirement for a pupil on a case-by-case basis. This subsection shall be construed consistently with the requirements of the individuals with disabilities education act (20 United States Code sections 1400 through 1420). For the purposes of this subsection:

1. "Expel" may include removing a pupil from a regular school setting and providing educational services in an alternative setting.

2. "Firearm" means a firearm as defined in 18 United States Code section 921.

H. A school district or charter school shall expel from school for at least one year a pupil who is determined to have threatened an educational institution, except that the school district or charter school may modify this expulsion requirement for a pupil on a case-by-case basis if the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the results of the threat. This subsection shall be construed consistently with the requirements of the individuals with disabilities education act (20 United States Code sections 1400 through 1420).  A school district may reassign a pupil who is subject to expulsion pursuant to this subsection to an alternative education program pursuant to subsection E of this section if the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the threat.  A school district or charter school may require the pupil's parent or guardian to participate in mediation, community service, restitution or other programs in which the parent or guardian takes responsibility with the pupil for the threat. For the purposes of this subsection, "threatened an educational institution" means to interfere with or disrupt an educational institution as defined in section 13-2911 by doing any of the following:

1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to cause physical injury to any employee of an educational institution or any person attending an educational institution.

2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an educational institution, threatening to cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational institution or the property of any person attending an educational institution.

3. Going on or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others.

4. Refusing to obey a lawful order to leave the property of an educational institution.

I. Each school district shall establish an alternative to suspension program in consultation with local law enforcement officials or school resource officers. The school district governing board shall adopt policies to determine the requirements for participation in the alternative to suspension program.  Pupils who would otherwise be subject to suspension pursuant to this article and who meet the school district's requirements for participation in the alternative to suspension program shall be transferred to a location on school premises that is isolated from other pupils or transferred to a location that is not on school premises. The alternative to suspension program shall be discipline intensive and require academic work, and may require community service, groundskeeping and litter control, parent supervision, and evaluation or other appropriate activities. The community service, groundskeeping and litter control, and other appropriate activities may be performed on school grounds or at any other designated area.

J. Each school shall establish a placement review committee to determine the placement of a pupil if a teacher refuses to readmit the pupil to the teacher's class and to make recommendations to the governing board regarding the readmission of expelled pupils. The process for determining the placement of a pupil in a new class or replacement in the existing class shall not exceed three business days after the date the pupil was first removed from the existing class.  The principal shall not return a pupil to the classroom from which the pupil was removed without the teacher's consent unless the committee determines that the return of the pupil to that classroom is the best or only practicable alternative.  The committee shall be composed of two teachers who are employed at the school and who are selected by the faculty members of the school and one administrator who is employed by the school and who is selected by the principal.  The faculty members of the school shall select a third teacher to serve as an alternate member of the committee. If the teacher who refuses to readmit the pupil is a member of the committee, that teacher shall be excused from participating in the determination of the pupil's readmission and the alternate teacher member shall replace that teacher on the committee until the conclusion of all matters relating to that pupil's readmission.