A.R.S. § 15-458 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 458
15-458 Formation of new district or districts by subdivision of existing district; division of assets
Status: in_force

15-458. Formation of new district or districts by subdivision of existing district; division of assets

A. In a school district containing a student count of more than six hundred, a new school district or districts may be formed by a subdivision of the existing school district.

B. On the request of the governing board or on receipt of petitions bearing the signatures of at least ten per cent of the qualified electors in the area proposed to be a new school district or the signatures of at least fifty of the qualified electors in the area proposed to be a new school district, whichever is more, and at least ten per cent of the qualified electors in the area proposed to continue as the existing school district or at least fifty signatures of the qualified electors in the area proposed to continue as the existing school district, whichever is more, the county school superintendent shall within ten days call an election to determine if the existing school district should be divided and a new school district or districts formed, except that if the existing school district is a union high school district, the county school superintendent shall call the election only on the request of the governing boards of the union high school district and each of the common school districts comprising the union high school district or on receipt of petitions bearing the signatures of at least ten per cent of the qualified electors in each of the common school districts or at least fifty signatures of the qualified electors in each of the common school districts, whichever is more. This subsection does not require the submission of the signatures of more than fifty per cent of the qualified electors of the existing school district to the county school superintendent in order to call an election for the purposes of this section. The petition shall state the proposed boundaries of the school district or districts to be formed together with the student count, specific reasons why it is in the best interest of the current district residents to have a new district or districts formed and the amount of real property valuation within the school district or districts to be formed. No new school district may be formed unless the state board of education determines that the real property valuation per student count is sufficient to support the school district in a manner comparable to other school districts of similar size and that a sufficient number of pupils will exist in each of the new districts to ensure that educational programs and services will be of similar or better quality after the subdivision.

C. The election shall be held concurrently and as provided in section 15-459, except that a majority of the votes cast by the qualified electors in each of the areas proposed as a school district must approve the division of the existing school district and the formation of the new school district.

D. The governing board of the existing school district shall prepare a projected list of assets for the existing district prior to the end of the fiscal year in which the election is held. The governing boards of the original and new school district or districts shall prepare a final statement of assets for the formerly existing school district as of the end of the fiscal year in which the election was held and shall have the statement of cash and bonded indebtedness certified by the county treasurer by August 30 of the year in which the new school district or districts become operative. The governing boards of the original school district and the new school district or districts shall set aside sufficient assets or provide other means to satisfy the liabilities of the former existing district except for bonded indebtedness and approve the final division of all assets by September 15 of the year in which the new school district or districts become operative. If one or more of the governing boards fail to provide for satisfying the liabilities and fail to approve the division of assets by September 15, the county attorney shall determine the means to satisfy the liabilities and final division of assets by October 1 of the fiscal year in which the new school district or districts become operative.

E. The division of the bonded indebtedness of the original school district shall be in accordance with the provisions of section 15-457, subsection B.

F. An original or new school district formed by a subdivision of an existing school district or districts after June 30, 1992 is not eligible to determine its budget using the provisions of section 15-949 or the support level weights prescribed in section 15-943, paragraph 1. These districts are also not eligible to participate in a small district service program as prescribed in section 15-365 or to apply to the state board of education for a capital levy adjustment as prescribed in section 15-963.

G. If two or more common school districts are within the boundaries of a union high school district, two or more unified school districts may be formed by a subdivision of the existing union high school district and by unification with the common school districts as provided in this section, subject to the following provisions:

1. Formation of a unified school district pursuant to this subsection shall be initiated if a majority of the governing board members of each of the districts affected unites in a petition to the county school superintendent for the establishment of a unified school district or if ten per cent of the number of qualified electors who voted in whichever of the last two general elections resulted in the higher number of ballots cast and who reside in each of the areas proposed to be the new unified school districts unite in a petition to the county school superintendent for the establishment of a unified school district. The petition shall include a statement of the proposed boundaries of the new unified school districts and shall request that the subdivision of the union high school district and formation of the unified districts be submitted to the qualified electors who reside within the proposed districts. The petition shall also include a detailed description of desegregation funding and expenses for the resulting school district as set forth in paragraph 7 of this subsection and may include the new school district name and other information as desirable. On receipt of the petitions, the county school superintendent shall examine the petitions within fifteen days of receipt to determine their sufficiency including the adequacy of the signatures of electors. If the petitions are found sufficient, the county school superintendent shall call an election to be held to determine the question. The county school superintendent shall prepare and the governing board shall distribute a subdivision and unification plan that includes:

(a) The proposed boundary changes.

(b) The impact of the proposed boundary changes, including where pupils will attend school, changes in pupil transportation services, changes in availability of special education services, changes in pupil-teacher ratio and operational costs.

(c) If paragraph 7 of this subsection applies to one or more of the existing school districts, a detailed description of desegregation funding and expenses for the resulting school districts as set forth in paragraph 7 of this subsection.

(d) Any other information the county school superintendent deems appropriate to include.

2. If the governing boards or the petitioners wish the new districts to receive unification assistance as provided in section 15-912.01, they shall notify the department of education and the joint legislative budget committee by August 1 of the fiscal year before the new districts would begin operation and provide the department and the joint legislative budget committee with information required to project the costs of unification assistance to the new districts for the first year of operation. The department shall include sufficient monies to cover these unification costs in its budget request for state aid for the following fiscal year.

3. The election shall be held as provided in section 15-459, except that the ballot shall contain the words "subdivision and unification, yes" and "subdivision and unification, no", and there shall be one of the following two ballot questions, whichever is applicable, stated as follows:

(a) Should (insert the name of the district) union high school district be subdivided with boundaries identical to the boundaries of (insert the name of the districts) common school districts and simultaneously creating (insert the number of the districts) unified school districts with the respective common school districts as specified in the subdivision and unification plan?

(b) Should (insert the name of the district) union high school district be subdivided simultaneously with the subdivision of (insert the name of the districts) common school districts and simultaneously creating (insert the number of the districts) unified school districts with the subdivided common school districts as specified in the subdivision and unification plan?

4. If the formation of the new unified school districts is authorized, the terms of the governing board members of the common and union high school districts do not expire on the effective date of unification but continue until January 1 following the next general election, during which time the members of the governing boards of the previously existing school districts shall serve as the governing board of the new school district in which they reside. At the next general election held after the formation and thereafter, members shall be elected as prescribed in section 15-448, subsection E. The governing boards of the new unified school districts shall prepare policies, curricula and budgets for the new unified school districts. The policies prepared by the governing boards shall include the provisions of section 15-459, subsection M.

5. If the common school district is not subdivided, the new unified school district that includes the boundaries of the previously existing common school district shall assume the bonded indebtedness of that previously existing common school district. If the common school district is subdivided, the provisions of subsection E of this section shall apply.

6. If the common school district is not subdivided, existing bond authorization of the common school districts automatically continues for the original purpose authorized. If the common school district is subdivided, the existing bond authorization of the common school district will expire unless it is divided between the new unified school districts as specified in the subdivision and unification plan.

7. If any of the school districts were authorized to budget for expenses of complying with or continuing to implement activities that were required or permitted by court order of desegregation or administrative agreement with the United States department of education office for civil rights directed towards remediating alleged or proven racial discrimination pursuant to section 15-910, this authorization does not expire on the effective date of the subdivision and unification but only applies to schools included in the court order or administrative agreement.

8. If the union high school district and the common school district or districts with which it is unified all have authorization for an override as provided in section 15-481 that would have continued after the subdivision and unification, the override authorization continues for the new district and expires at the time that the earliest override would have expired.

9. If one or more of the previously existing school districts were participating in a career ladder program pursuant to chapter 9, article 1.1 of this title before subdivision and unification, notwithstanding any other law the state board shall expedite the processing of and may approve an updated application for program reapproval for the new school district that includes the existing school district that was participating in the program.

10. The employee's years of employment in the previously existing school district shall be included in determining the employee's years of employment in the new school district after a subdivision and unification. An employee who was entitled to continuing contract status in the previously existing school district is entitled to continuing employment contract status in the new school district.

11. The base salary and benefits of each employee for the first year of operation of the new school district after a subdivision and unification shall not be lower than the employee's base salary and benefits for the prior year in the previously existing school district.

12. Notwithstanding paragraphs 10 and 11 of this subsection and pursuant to section 15-544, nothing in this section shall be construed to restrict the ability of the governing board to implement a reduction in force or to scale back salaries of certified teachers, administrators or noncertificated employees for reasons of economy or to improve the efficient conduct of schools within the district following a subdivision and unification.
A.R.S. § 15-912 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 912
15-912 Consolidation assistance
Status: in_force

15-912. Consolidation assistance

A. A resulting school district after merger of school districts may budget for consolidation assistance as provided in subsection B of this section if the school districts which merge include any of the following:

1. A common school district and at least one other common school district or at least one unified school district.

2. A high school district and at least one other high school district or at least one unified school district.

3. A unified school district and at least one other unified school district or at least one high school district or at least one common school district.

B. The eligible school district may increase the revenue control limit and the district support level for the first year of operation by an amount determined as follows:

1. Through December 31, 2006, five per cent of the revenue control limit.

2. Beginning January 1, 2007, the amount of any transitional costs that are directly associated with routine formalities that are necessary as a result of consolidation such as changing of signs, letterhead, stationery and similar issues.

C. A school district which budgets for consolidation assistance pursuant to this section may not budget for unification assistance pursuant to section 15-912.01 during the one year period for which the consolidation assistance is in effect.
A.R.S. § 15-121 — Arizona Code / Title 15 / Chapter 1 / Article 2 / Section 121
15-121 School employees; participation in federal retirement plans and deferred compensation plans; prohibition against use of public monies; exceptions
Status: in_force

15-121. School employees; participation in federal retirement plans and deferred compensation plans; prohibition against use of public monies; exceptions

A. Employees of school districts, accommodation school employees, employees of the community college districts, employees of the universities and all other certificated and noncertificated employees of the schools of this state, including those located at state institutions, may participate in federal retirement or deferred compensation plans as provided in 26 United States Code sections 401(a), 403(b) and 457(b), if the governing body approves.

B. Upon election by an employee to participate through salary reduction contributions if permitted under federal law or by election of the governing board to make nonelective employer contributions, the governing board of a school district, the county school superintendent, the community college district governing board, the Arizona board of regents or other governing body or employer of the employee shall:

1. Invest such an amount as authorized by the employee, to be reduced from the regular annual salary of the employee, in a 26 United States Code section  403(b) tax sheltered annuity or custodial account or a 26 United States Code section 457(b) deferred compensation plan.

2. Invest nonelective employer contributions in a 26 United States Code section 401(a) defined contribution plan or a 26 United States Code section 403(b) tax sheltered annuity or custodial account.

C. The amount to be invested shall be determined by the employee not less than fifteen days before the employee's first payday in the school year, or at any time during the school year at the option of the governing body. The employing body or county school superintendent shall assume no responsibility other than to make the requested payments during the actual time of the employment of the employee.  The employer shall transfer to the fund manager the employee contributions within ten working days after each and every payroll date.  Contributions transferred after that date shall include a penalty of six per cent a year for each day the contributions are late.  The penalty shall be paid by the employer.  If the employee changes the employee's employment to another school or school district, the employee may authorize the employee's new employer to continue the payments if the governing body approves.

D. State, county, district or other public monies shall not be used in the purchase of any annuity or payment of any deferred compensation authorized by this article, except for monies authorized for the following purposes:

1. The recruitment and retention of selected employees, including teachers when there are shortages of teachers.

2. As a benefit to encourage teachers specifically selected by the governing board or the board's authorized designee to teach in an underperforming school.

3. For the reduction of the unfunded liabilities of unused leave pay accruals with in-service nonelective employer contributions.

4. For the replacement of unused leave pay or other types of severance pay at the time of severance of employment.

5. To buy out the individually negotiated contracts of key employees.

6. To provide incentives for the early retirement of selected employees as determined by the governing board.

E. If monies are contributed pursuant to subsection D, paragraph 4, 5 or 6, at the discretion of the governing board, those monies may be contributed pursuant to 26 United States Code section 401(a) only in the final year of service, or pursuant to 26 United States Code section 403(b) both in the final year of service and for up to five tax years following the tax year of the final year of service.
A.R.S. § 15-1241 — Arizona Code / Title 15 / Chapter 10 / Article 10 / Section 1241
15-1241 Academic contests fund; state board of education powers and duties; distribution of monies
Status: in_force

15-1241. Academic contests fund; state board of education powers and duties; distribution of monies

A. The state board of education shall establish an academic contests fund consisting of monies appropriated by the legislature or received by the state board as provided in subsection D of this section.

B. The state board of education shall prescribe rules for the distribution of fund monies to school districts and charter schools for the purpose of sending pupils who are state level winners of academic contests and their chaperons to the national levels of these contests so that the pupils may represent this state.

C. The criteria on which the state board shall base its rules for the distribution of fund monies shall include at least the following:

1. The contests must be academic in nature and motivate pupils to be creative and to demonstrate excellence.

2. Contests must be sponsored by a recognized national organization.

3. Contests must be open to all pupils, regardless of race, creed, gender or national origin, except that a contest may separate pupils by age or grade level.

4. The opportunity to compete at the national level must be the result of successfully competing at the local or state level, or both, of that contest.

D. The state board of education may accept gifts or grants of monies for deposit in the academic contests fund as provided in this section.

E. A school district which receives monies as provided in this section shall include the monies in the special projects section of the budget as provided in section 15-903, subsection F.
A.R.S. § 15-249.07 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.07
15-249.07 Broadband expansion fund; requirements; disbursements to certified applicants; reports
Status: in_force

15-249.07. Broadband expansion fund; requirements; disbursements to certified applicants; reports

A. The broadband expansion fund is established consisting of legislative appropriations.  The department of education shall administer the fund.  Monies in the fund are continuously appropriated and shall be used to provide state matching monies for certified broadband connectivity construction projects for qualified applicants.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Qualified applicants for distributions from the broadband expansion fund include schools, school districts, libraries and groups of schools or school districts with broadband connectivity construction projects that are certified by the department and that are eligible for the federal universal service program for schools and libraries known as the e-rate program.

C. Notwithstanding subsection A of this section, the first eight million dollars of cumulative state matching contributions for certified broadband connectivity construction projects shall be provided by the corporation commission from the funding mechanism established by the corporation commission in accordance with the federal universal service program.

D. The department may disburse monies from the broadband expansion fund to the applicant of a certified broadband connectivity construction project on notification from the universal service administrative company that a project is approved for federal e-rate program monies.

E. An applicant may not receive a total amount from the federal universal service fund, the funding mechanism established by the corporation commission in accordance with the federal universal service program and the broadband expansion fund in excess of the certified broadband connectivity construction project's cost.

F. When certifying projects as eligible for funding from the broadband expansion fund, the department shall give priority to applicants with an e-rate program discount rate of at least eighty percent, as defined by the universal service administrative company.

G. Certified broadband connectivity construction projects funded with monies from the broadband expansion fund:

1. Shall provide bandwidth sufficient to meet the standards for educational services for the relevant funding year by the federal communications commission and may not exceed those standards without good cause.

2. May be fiber based or, if determined to be justified by cost, nonfiber based.

H. On or before June 30 and December 31 of each year, the department shall report to the joint legislative budget committee the following information for each broadband connectivity construction project that the department has certified to receive a state matching contribution:

1. The applicant's name.

2. Whether the project is in process or complete.

3. The federal e-rate discount calculation.

4. The total project cost and the share of funding provided by local, state and federal monies.

5. The number of students served.

I. The information reported on or before June 30 each year pursuant to subsection H of this section shall be submitted to the joint legislative budget committee for review.
A.R.S. § 15-361 — Arizona Code / Title 15 / Chapter 3 / Article 4 / Section 361
15-361 Establishment of evening and night schools; admission of students; tuition
Status: in_force

15-361. Establishment of evening and night schools; admission of students; tuition

The governing board of a school district may establish an evening or night school when in its judgment the school is necessary or convenient. The school shall be open for admission of children between the ages of fourteen and twenty-one years, but this shall not be construed as a requirement for a full course of study therein nor as requiring the admission of a person to a class beyond his educational attainments. The schools shall be open to persons over twenty-one years of age only upon payment of tuition as provided by law.
A.R.S. § 15-342.01 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 342.01
15-342.01 School districts; roof inspection protocol
Status: in_force

15-342.01. School districts; roof inspection protocol

A school district shall develop a roof inspection protocol that shall be used prior to any repair or replacement of roof elements or roof mounted equipment performed in accordance with the requirements of the local building official requiring a permit.  Inspections shall be conducted by a registered structural engineer or other professional with appropriate skills, training and certification.
A.R.S. § 15-1696 — Arizona Code / Title 15 / Chapter 13 / Article 5 / Section 1696
15-1696 Commercial paper; requirements
Status: in_force

15-1696. Commercial paper; requirements

A. The board has the power and is hereby authorized to issue commercial paper from time to time to provide short-term financing for any capital project or costs and expenses related to a capital project of one or more institutions or to provide for payment of commercial paper or other obligations previously issued.  The commercial paper may be issued as notes or other obligations, to be issued as a single instrument or as a succession of instruments, each of which matures in not more than two hundred seventy days, to provide for payment of instruments previously issued.

B. The following apply to commercial paper issued under this section:

1. Commercial paper may be issued pursuant to a resolution of the board or pursuant to board-authorized agreements.

2. The board's repayment obligations on commercial paper may be payable from and secured by a pledge of the same sources and covenants allowed by section 15-1685, or other sources that may be pledged without violating article IX, section 5, Constitution of Arizona, or may be payable from amounts budgeted and allocated by the board for that purpose for the current fiscal period.

3. Any commercial paper payable from amounts budgeted and allocated by the board for that purpose for the current fiscal period shall provide that both:

(a) The obligation of the board to make any payments for or related to the commercial paper is a current expense of the board and is not a general obligation indebtedness of the board or this state.

(b) If the board fails to budget and allocate monies for any periodic payment or renewal term for any future fiscal period, the board's obligation to make payments for or related to the commercial paper ceases at the end of the current fiscal period, and the board and this state are relieved of any subsequent payment obligations.

4. The board shall establish by resolution or in the authorizing agreement a final maturity date or final renewal period for commercial paper and a maximum rate of interest for commercial paper issued pursuant to this section. The individual instruments representing the commercial paper may bear interest at rates not exceeding the maximum rate established by the board, may mature and be retired, including with the proceeds of subsequent instruments, over periods ending not later than the final maturity date or renewal period established by the board and may be retired with the proceeds of bonds or other obligations of the board.

5. Commercial paper may be sold through an agent or dealer that is recognized in municipal finance. Commercial paper shall mature at intervals, bear interest, be in the form, be executed and have such other terms and conditions as provided by the board.

6. In connection with the commercial paper requirements of this section, the board may:

(a) Contract with a bank or other financial institution, insurance company or indemnity company to provide additional security for the commercial paper in the form of a letter of credit, a line of credit, an insurance policy or other security.

(b) Pay the costs of the additional security from amounts provided by the commercial paper or from other lawfully available sources and may enter into reimbursement obligations in connection with the cost of that additional security.

7. Any reimbursement obligation entered into with a bank or other financial institution, insurance company or indemnity company may not provide for the payment of interest in excess of the maximum interest rate established by the board for the commercial paper or a different maximum interest rate established by the board for the reimbursement obligation.  The reimbursement obligation may be payable from the same source as the commercial paper or from other lawfully available monies of the board but may not constitute a general obligation of the board or this state.

8. Any commercial paper issued by the board pursuant to this section shall be repaid within two hundred seventy days, and at no time shall the outstanding principal amount of commercial paper be more than twenty-five percent of a university's total debt capacity as reported to the board pursuant to section 15-1683, subsection A, paragraph 1.
A.R.S. § 15-1481 — Arizona Code / Title 15 / Chapter 12 / Article 5 / Section 1481
15-1481 Definitions
Status: in_force

15-1481. Definitions

In this article, unless the context otherwise requires:

1. "Acquire" includes purchase, erect, build, construct, reconstruct, repair, replace, extend, better, furnish, equip, develop, improve and embellish.

2. "Board" means the governing board of a community college district or its successors, but does not include community college tuition financing districts as prescribed in section 15-1409.

3. "Bonds" means any bonds issued pursuant to this article.

4. "Federal agency" means the housing and home finance agency, the United States of America or any of its officers or agencies designated or created to make grants or loans of monies for public construction work.

5. "Institution" means any community college district that is organized in this state pursuant to section 15-1402 or 15-1402.01, but does not include community college tuition financing districts as prescribed in section 15-1409.

6. "Project" means one or more classrooms, student or faculty residence halls, dormitories, dining halls, student union buildings, field houses, stadia and other revenue producing buildings located at the institution, together with sites for the buildings, and includes equipment, furnishings, heating, lighting and other service facilities in connection with the buildings.
A.R.S. § 15-1633 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1633
15-1633 Use of university resources or employees to influence elections; prohibition; civil penalty; definitions
Status: in_force

15-1633. Use of university resources or employees to influence elections; prohibition; civil penalty; definitions

A. A person acting on behalf of a university or a person who aids another person acting on behalf of a university shall not spend or use university resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the university for the purpose of influencing the outcomes of elections or to advocate support for or opposition to pending or proposed legislation.  Notwithstanding this section, a university may distribute informational pamphlets on a proposed bond election as provided in section 35-454 if those informational pamphlets present factual information in a neutral manner. This section does not preclude any of the following:

1. A university from reporting on official actions of the university or the Arizona board of regents.

2. A registered lobbyist from advocating on behalf of the university or the Arizona board of regents.

3. An employee of a university using personal time and resources from influencing the outcomes of elections or from advocating support for or opposition to pending or proposed legislation if the employee does not use university personnel, equipment, materials, buildings or other resources for these purposes.

4. Any university employee from providing classroom instruction on matters relating to politics, elections, laws, ballot measures, candidates for public office and pending or proposed legislation.

5. The use of university resources, including facilities and equipment, for government-sponsored forums or debates if the sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints.  The rental and use of a university facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.

B. Employees of a university may not use the authority of their positions to influence the vote or political activities of any subordinate employee.

C. This section does not prohibit universities from permitting student political organizations of political parties, including those that are recognized pursuant to sections 16-801, 16-802 and 16-803, to conduct lawful meetings in university buildings or on university grounds, except as prescribed in subsection A of this section. Each student political organization that is allowed to conduct lawful meetings on university property shall have equal access as any other student political organization that is allowed to conduct lawful meetings on university property.

D. This section shall not be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.

E. Except as provided in subsection F of this section, universities under the jurisdiction of the Arizona board of regents may not:

1. Provide publicly funded programs, scholarships or courses if the purpose of the program, scholarship or course is to advocate for a specified public policy.

2. Allow publicly funded organizations, institutes or centers to operate on the campus of the university or on behalf of or in association with the university if the purpose of the organization, institute or center is to advocate for a specified public policy.

F. Subsection E of this section does not apply to:

1. A registered lobbyist who advocates on behalf of the university or the Arizona board of regents and other employees assisting such lobbyists in their official capacity.

2. Any university employee who expresses a personal opinion on a political or policy issue, regardless of whether that opinion is expressed inside or outside the classroom.

3. Print or electronic media produced by students who are enrolled at a university.

4. A recognized student government, club or organization of students who are enrolled at a university.

5. Any university employee who is appointed to a government board, commission or advisory panel who provides expert testimony or guidance on public policy.

6. The publication of reports or the hosting of seminars or guest speakers by the university that recommends public policy.

7. Researching, teaching and service activities of university employees that involve the study, discussion, intellectual exercise, debate or presentation of information that recommends public policy.

8. Any other type of advocacy that is allowed by law.

G. The attorney general shall publish and distribute to the Arizona board of regents a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a website or electronically.

H. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than five thousand dollars per violation, plus any amount of misused funds subtracted from the university budget against a person who violates or a person who aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds.  University funds or insurance payments shall not be used to pay these penalties or misused funds.  All misused funds collected pursuant to this section shall be returned to the university whose funds were misused.

I. An attorney acting on behalf of a university may request a legal opinion of the attorney general as to whether a proposed use of university resources would violate this section.

J. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section.  All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.

K. For the purposes of this section:

1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.

2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.

3. "Misused funds" means university monies or resources used unlawfully pursuant to this section.
A.R.S. § 15-253 — Arizona Code / Title 15 / Chapter 2 / Article 3 / Section 253
15-253 Legal opinions relating to school matters
Status: in_force

15-253. Legal opinions relating to school matters

A. The superintendent of public instruction shall:

1. Furnish copies of the attorney general opinions, including opinions of the county attorneys which have been submitted to the attorney general for review as provided in subsection B, relating to school matters to all county attorneys, county school superintendents and to other interested persons who request copies.

2. Require each county school superintendent to furnish copies of all attorney general opinions relating to school matters to all school districts in his county.

B. For the purposes set forth in subsection A, the attorney general shall promptly furnish copies of opinions relating to school matters to the superintendent of public instruction. Each county attorney shall promptly transmit a copy of his opinion relating to school matters to the attorney general who shall concur, revise or decline to review the opinion of the county attorney. If the attorney general does not concur, revise or decline to review the county attorney's opinion within sixty days from its receipt, the opinion shall be deemed affirmed. The opinion of the attorney general shall prevail.
A.R.S. § 15-1691 — Arizona Code / Title 15 / Chapter 13 / Article 5 / Section 1691
15-1691 Bonds; obligations of board
Status: in_force

15-1691. Bonds; obligations of board

All bonds issued pursuant to this article shall be obligations of the board issuing such bonds, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise of the state of Arizona. Such bonds shall not constitute a debt, legal or moral, of the state of Arizona, and shall not be enforceable against the state, nor shall payment thereof be enforceable out of any funds of the board or the institution issuing such bonds other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such bonds.
A.R.S. § 15-1724 — Arizona Code / Title 15 / Chapter 13 / Article 7 / Section 1724
15-1724 Medical student loans; interest; obligations; penalties; authority of attorney general
Status: in_force

15-1724. Medical student loans; interest; obligations; penalties; authority of attorney general

A. Each applicant who is approved for a loan by the board may be granted a loan for a period of up to five years.

B. The loans shall bear interest at the rate of seven percent per year.

C. Each loan shall be evidenced by a contract between the student and the board, acting on behalf of this state.  The contract shall provide for the payment by the state of a stated sum or sums defraying the costs of a medical education at a public or private school of medicine in this state and shall be conditioned on the contractual agreement by the recipient of such loan to complete the service required by section 15-1723. The contract shall provide that the recipient serving as a physician in an area listed in section 15-1723, subsection E may receive compensation from the board for such service and other services designated in the contract.  This compensation shall be credited against amounts due under the loan and shall not exceed the amount of the loan and any interest accrued on the loan. Such service shall be full time as determined by the board and shall be for two years or one year of service for each year of loan support, whichever is longer. A loan and the interest accrued on the loan may be fully paid with compensation received for services as required by the contract or at the option of the recipient by payment of all monies, interest and penalties for failure to fulfill the contract.

D. A loan recipient shall begin the service for which the recipient contracted as a condition of the loan within three years after completing the recipient's undergraduate medical education unless extended to four years by the board or within three months after finishing or leaving a residency program. A recipient who is ordered into military service or for other cause beyond the recipient's control deemed sufficient by the board is unable to commence the required service within three years after such graduation shall begin service within one year after completing military service or the termination of such other cause.

E. If a recipient decides not to fulfill the conditions of the contract by serving in an area listed in section 15-1723, subsection E, the contract shall provide that the recipient be required to repay the full amount borrowed, including tuition, at the seven percent interest rate plus a penalty for liquidated damages as specified in subsection F of this section, minus the amount credited for time actually served in a site approved by the board, to be calculated on a prorated monthly basis. The board for good reason may provide for extensions of the period of repayment specified in the loan recipient's contract. The board may waive the payment of principal, interest and penalty for liquidated damages if it determines that death or permanent physical disability accounts for the recipient's failure to fulfill the contract.

F. A recipient who does not fulfill the conditions of the contract shall pay the full amount borrowed and seven percent interest plus the following penalty for liquidated damages:

1. If the recipient withdraws from the program while in medical school, there is no penalty for liquidated damages.

2. If the recipient withdraws from the program during residency, an amount equal to ten percent of the loan amount.

3. If the recipient withdraws from the program while serving as a physician in the area listed in the recipient's contract, an amount equal to twenty-five percent of the loan amount.

G. On receipt of supporting documentation, the board for good cause shown may defer the recipient's service or payment obligation or may enter into repayment arrangements with the recipient or allow service that is equivalent to full-time service if the board determines that this action is justified after a review of the individual's circumstances. At the discretion of the board, the board may allow service by practicing another specialty of recognized need in this state that is not specified in the student's contract, but only following prior written approval by the board.

H. The attorney general may commence whatever actions are necessary to enforce the contract and achieve repayment of loans provided by the board pursuant to this article.
A.R.S. § 15-232 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 232
15-232 Division of adult education; duties
Status: in_force

15-232. Division of adult education; duties

(Caution:  1998 Prop. 105 applies)

A. There is established a division of adult education within the department of education, under the jurisdiction of the state board of education, which shall:

1. Prescribe a course of study for adult education in school districts.

2. Make available and supervise the program of adult education in other institutions and agencies of this state.

3. Adopt rules for the establishment and conduct of classes for immigrant and adult education, including the teaching of English to foreigners, in school districts.

4. Devise plans for establishment and maintenance of classes for immigrant and adult education, including the teaching of English to foreigners, stimulate and correlate the Americanization work of various agencies, including governmental, and perform such other duties as may be prescribed by the state board of education and the superintendent of public instruction.

5. Prescribe a course of study to provide training for adults to continue their basic education to the degree of passing an equivalency test approved by the state board of education.

6. Review, approve and monitor a fee structure that may be implemented by adult education providers to ensure they meet state and federal law and considers an individual's ability to pay.  The approved fee structure shall include a sliding scale fee schedule, based on household income, that shall be assessed to each individual participating in any program offered by the adult education provider.

B. The department of education shall provide classes under this section only to adults who are citizens or legal residents of the United States or are otherwise lawfully present in the United States. This subsection shall be enforced without regard to race, religion, gender, ethnicity or national origin.

C. The department of education shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of adults who applied for instruction and the total number of adults who were denied instruction under this section because the applicant was not a citizen or legal resident of the United States or was not otherwise lawfully present in the United States.
A.R.S. § 15-249.17 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.17
15-249.17 Code writers initiative program; grants; annual report
Status: in_force

15-249.17. Code writers initiative program; grants; annual report

A. The code writers initiative program is established within the department of education to provide grants on a competitive basis pursuant to title 41, chapter 24, article 1 for the purposes prescribed in this section. The Indian education advisory council in the department of education shall evaluate grant applications and make award recommendations to the department. The department shall maximize available funding by awarding grants to participants that will leverage state monies by securing gifts, grants and donations from other sources.

B. Grantees in the code writers initiative program shall:

1. Introduce a computer code writing curriculum for students in grades nine through twelve.

2. Deliver a technology-focused education to Native American students that will prepare the students for the global economy. The instruction may be offered through after-school programming.

3. Instruct Native American students in computer code writing and work with industry partners to develop internships and programs that will be made available to students who complete the program curriculum.

4. Instruct teachers and administrators in a technology-focused curriculum.

5. Develop assessment metrics to measure progress to be used to determine the initiative's effectiveness.

6. Install audiovisual distance learning equipment at key delivery points to maximize the number of program participants.

7. Determine the impacts from the initiative's curriculum and teacher instruction on students' standardized test scores and graduation rates.

8. On or before September 1 of each year, submit an annual report to the president of the senate, the speaker of the house of representatives, the Indian education advisory council and the department of education containing detailed information relating to the requirements of this subsection for the most recent school year.
A.R.S. § 15-1143 — Arizona Code / Title 15 / Chapter 10 / Article 3 / Section 1143
15-1143 Community school program fund
Status: in_force

15-1143. Community school program fund

Monies deposited in a community school fund of a school district may be used for community school programs only and are not subject to reversion, except upon termination of a community school program. Upon termination of a community school program any remaining funds shall revert to the operating budget of the school district.
A.R.S. § 15-424 — Arizona Code / Title 15 / Chapter 4 / Article 2 / Section 424
15-424 Election of governing board members; terms; reduction of membership; statement of contributions and expenditures
Status: in_force

15-424. Election of governing board members; terms; reduction of membership; statement of contributions and expenditures

A. A regular election shall be held for each school district at the time and place, and in the manner, of general elections as provided in title 16.

B. Except as provided in subsection C of this section and sections 15-429 and 15-430, the term of office for each member shall be four years from January 1 next following the member's election.

C. At the first general election held for a newly formed district, three members shall be elected. The candidate receiving the highest number of votes shall be elected to a four-year term, and the candidates having the second and third highest number of votes shall be elected to two-year terms.  A district increasing its governing board to five members shall elect at the next general election members in the following manner:

1. If one of the previous three offices is to be filled, the three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms.

2. If two of the previous three offices are to be filled, the candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms. The candidate receiving the fourth highest number of votes shall be elected to a two-year term. Thereafter all such offices shall have four-year terms.

D. A member who is serving on a governing board for a district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall continue to serve as a member of the governing board until expiration of the member's current term of office.  A district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall reduce the number of its members as follows:

1. If two of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01:

(a) At the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term.

(b) At the second general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidates receiving the highest and second highest number of votes shall be elected to four-year terms.

2. If three of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term at the election.

E. If only one person files a nominating petition or nomination paper for a write-in candidate for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15-302. A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office.

F. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate for that office, whether on the tally by the school election board or canvass of returns by the board of supervisors, or on recount by a court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected.

G. Position of the names of candidates for each office shall be rotated so that each candidate occupies each position on the ballot an equal number of times, insofar as is possible, for each ballot style. For candidates seeking election to fill a vacancy on the governing board, the ballot shall be designated as provided in section 16-502.

H. This section does not require that a school election at which no member is to be elected be held on a general election day.

I. All candidates for the office of school district governing board member shall file with the county school superintendent a statement of contributions and expenditures as provided in section 16-926.
A.R.S. § 15-246 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 246
15-246 Arizona government education fund
Status: in_force

15-246. Arizona government education fund

A. The Arizona government education fund is established consisting of legislative appropriations, gifts, grants and donations.  The department of education shall administer the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The department shall use monies in the fund to contract with third parties to provide for annual, one-week high school civics courses that focus on state government.  The courses shall be sponsored by a federally chartered national veterans' organization that has at least fifty years of experience in providing this type of civics education.  The courses shall be conducted on the campuses of public and private postsecondary institutions in this state.
A.R.S. § 15-756.10 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756.10
15-756.10 Reporting requirements
Status: in_force

15-756.10. Reporting requirements

The office of English language acquisition services in the department of education shall:

1. Require each school district and charter school to annually submit a report to the department that includes the following information identified by grade level and by school:

(a) The total number of pupils who are classified as English language learners as verified by the student accountability information system established by section 15-1041.

(b) The number of pupils who are classified as English language learners for the first time as verified by the student accountability information system established by section 15-1041.

(c) The number of English language learners who achieved English proficiency in the past academic year and who have been reclassified as English proficient as verified by the student accountability information system established by section 15-1041.

(d) The number of pupils who are enrolled in each type of language acquisition program offered by the school district or charter school as verified by the student accountability information system established by section 15-1041.

(e) If requested by the department, the test data used to determine English proficiency.

2. Determine the mobility of English language learners within the same school district and the mobility of English language learners to other school districts and charter schools through the student accountability information system established by section 15-1041.

3. Submit an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education that includes a detailed analysis of whether and to what extent pupils are benefiting academically from compensatory instruction as defined in section 15-756.11 and a comparison of the academic achievement of pupils before and after receiving compensatory instruction as defined in section 15-756.11.  The department shall submit a copy of this report to the secretary of state.

4. Analyze the effectiveness of all models adopted or approved by the state board of education and identify the most effective models.
A.R.S. § 15-1632 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1632
15-1632 University property of expelled students; classification
Status: in_force

15-1632. University property of expelled students; classification

A. A student who is expelled by a university shall surrender all university property. The university shall refund the deposit for any property to the student.

B. An expelled student who fails or refuses to return university property is guilty of a petty offense.
A.R.S. § 15-913.01 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 913.01
15-913.01 Education program; county jails
Status: in_force

15-913.01. Education program; county jails

A. Each county that operates a county jail shall offer an education program to serve all prisoners who are twenty-one years of age or younger, who do not have a high school diploma or a general equivalency diploma and who are confined in the county jail. The county school superintendent and the sheriff in each county shall agree on the method of delivery of the education program.

B. The county school superintendent shall develop policies and procedures to transfer the educational records of any prisoner confined in a county jail who has been transferred from a juvenile detention center or from any other public agency that has provided educational services to that prisoner.

C. A county may operate its county jail education program through an accommodation school that provides alternative education services pursuant to section 15-308, except that each pupil enrolled in the accommodation school county jail education program shall be funded at an amount equal to seventy-two percent of the amount for that pupil if that pupil were enrolled in another accommodation school program.

D. If a county chooses not to operate its county jail education program through an accommodation school, the county school superintendent may establish a county jail education fund to provide financial support to the program. The county jail education fund for each program shall consist of a base amount plus a variable amount. For fiscal year 1999-2000, the base amount is $14,400 and the variable amount shall be determined pursuant to subsection E of this section.  The base amount and variable amount for each county or counties served shall be funded with state general fund monies, subject to appropriation.  The county school superintendent must submit claims for payments to the superintendent of public instruction. The county school superintendent shall deposit the payments in the respective county jail education fund.

E. The variable amount shall be determined as follows:

1. Determine the number of days in the prior fiscal year that each pupil who is a prisoner and who had been in the county jail for more than forty-eight hours received an instructional program of at least two hundred forty minutes.  A school district may not count a pupil as being in attendance in that school district on a day that the pupil is counted as a prisoner for the purposes of this paragraph.

2. Multiply the number of days determined under paragraph 1 of this subsection by the following amount:

(a) For fiscal year 1999-2000, $10.80.

(b) For fiscal year 2000-2001 and each year thereafter, the amount for the prior year adjusted by any growth rate prescribed by law, subject to legislative appropriation.

3. For each pupil who is a child with a disability as defined in section 15-761, who is a prisoner and who had been in the county jail for more than forty-eight hours:

(a) Determine the amount prescribed in section 15-1204, subsection E, paragraph 1 or 2, multiply the amount by .72 and add $72 for capital outlay costs.

(b) Divide the sum determined under subdivision (a) of this paragraph by one hundred seventy-five.

(c) Subtract the amount prescribed in paragraph 2 of this subsection from the quotient determined in subdivision (b) of this paragraph.

(d) Determine the number of days in the prior fiscal year that the pupil received an instructional program of at least two hundred forty minutes.

(e) Multiply the amount determined in subdivision (d) of this paragraph by the difference determined in subdivision (c) of this paragraph.

4. Add the amounts determined in paragraph 3 of this subsection for all pupils with disabilities who are prisoners.

5. Add the sum determined in paragraph 4 of this subsection to the product determined in paragraph 2 of this subsection. This sum is the variable amount.

F. If a county jail education program serves more than one county, the county school superintendents and the sheriffs of the counties being served shall agree on a county of jurisdiction. The county school superintendent shall deposit in the county jail education fund of the county of jurisdiction monies that are received from the superintendent of public instruction pursuant to this section for all counties served by the county of jurisdiction.

G. If a county operated a county jail education program through an accommodation school in the year before it begins to operate its county jail education program as provided in subsection D of this section, for the first year of operation as provided in subsection D of this section, the student count of the accommodation school shall be reduced by the average daily membership attributable to the accommodation school's county jail education program in its last fiscal year of operation.
A.R.S. § 15-787 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 787
15-787 Eligibility; allocation; plan
Status: in_force

15-787. Eligibility; allocation; plan

(L21, Ch. 405, sec. 11)

A. A school district or a district formed for the purposes of this article as prescribed by the terms of this article may be eligible for allocation of funds from the state board of education provided the district offering career and technical education and vocational education meets minimum standards and requirements approved by the state board of vocational education.

B. The state board of education may allocate from its available appropriation any amount it deems appropriate for the use of a school district or a district formed for the purposes of this article, and such allocation may be for administrative costs, equipment or capital outlay.

C. The state board of education shall develop a state plan for career and technical education and vocational education which provides for the distribution of career and technical education and vocational education funds to school districts or districts formed for the purposes of this article meeting the minimum requirements provided for in the state plan for career and technical education and vocational education.
A.R.S. § 15-920 — Arizona Code / Title 15 / Chapter 9 / Article 1.1 / Section 920
15-920 Performance pay; budget balance carryforward; definitions
Status: in_force

15-920. Performance pay; budget balance carryforward; definitions

A. Notwithstanding any other law, a school district that uses a performance pay component in its salary schedule may budget any budget balance in the maintenance and operation section of the budget that is attributable to performance pay and that is not earned in the current fiscal year for use in the budget year. The carryforward shall be used in the following year's performance pay component of the salary schedule. The amount budgeted pursuant to this subsection shall not be included in the allowable budget balance carryforward calculated pursuant to section 15-943.01. The amount budgeted pursuant to this subsection is specifically exempt from the revenue control limit.

B. For purposes of this section:

1. "Budget balance" means the difference between actual and budgeted expenditures for the performance pay component of the salary schedule.

2. "Performance pay component" means any portion of a school district's salary schedule, other than a career ladder program or an optional performance incentives program established pursuant to this article, that is based on factors directly related to a teacher's classroom performance.
A.R.S. § 15-538 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 538
15-538 Preliminary notice of inadequacy of classroom performance; performance improvement plan; adoption of definition
Status: in_force

15-538. Preliminary notice of inadequacy of classroom performance; performance improvement plan; adoption of definition

A. The governing board of any school district shall give any certificated teacher notice of intention to dismiss or not to reemploy if such intention is based on charges of inadequacy of classroom performance. The governing board or its authorized representative, at least forty-five instructional days before such notice, shall give the teacher written preliminary notice of inadequacy of classroom performance, specifying the nature thereof with such particularity as to furnish the teacher an opportunity to correct inadequacies and maintain adequate classroom performance as defined by the governing board pursuant to section 15-538, subsection C.  A notice of the governing board's intention to dismiss or not to reemploy for inadequacy of classroom performance shall not be issued until the district has completed an observation at the conclusion of a performance improvement plan issued pursuant to subsection B. The governing board may delegate to employees of the governing board the general authority to issue preliminary notices of inadequacy of classroom performance to teachers pursuant to this section without the need for prior approval of each notice by the governing board.  In all cases in which an employee of the governing board issues a preliminary notice of inadequacy of classroom performance without prior approval by the governing board, the employee shall report its issuance to the governing board within ten school days. The written notice of intention to dismiss or not to reemploy shall include a copy of any valid evaluation pertinent to the charges made.

B. The preliminary notice of inadequacy of classroom performance shall be accompanied by a performance improvement plan designed to help the teacher correct inadequacies and demonstrate adequate classroom performance.

C. The governing board shall adopt a definition of inadequacy of classroom performance that aligns with the performance classifications. The governing board's definition may set standards that exceed the standards of the performance classifications and applies to notices issued pursuant to sections 15-536 and 15-537 and this section. The governing board shall develop its definition of inadequacy of classroom performance in consultation with its certificated teachers. The consultation may be accomplished by holding a public hearing, forming an advisory committee or providing teachers the opportunity to respond to a proposed definition.
A.R.S. § 15-872 — Arizona Code / Title 15 / Chapter 8 / Article 6 / Section 872
15-872 Proof of immunization; noncompliance; notice to parents; civil immunity
Status: in_force

15-872. Proof of immunization; noncompliance; notice to parents; civil immunity

A. The director of the department of health services, in consultation with the superintendent of public instruction, shall develop by rule standards for documentary proof.

B. A pupil shall not be allowed to attend school without submitting documentary proof to the school administrator unless the pupil is exempted from immunization pursuant to section 15-873.

C. Each public school shall make full disclosure of the requirements and exemptions as prescribed in this section and section 15-873.

D. On enrollment, the school administrator shall suspend that pupil if the administrator does not have documentary proof and the pupil is not exempted from immunization pursuant to section 15-873.

E. Notwithstanding subsections B and D of this section, a pupil may be admitted to or allowed to attend a school if the pupil has received at least one dose of each of the required immunizations prescribed pursuant to section 36-672 and has established a schedule for the completion of required immunizations. The parent, guardian or person in loco parentis of a pupil shall present to the school administrator documentary proof of the immunizations received and a schedule prepared by the pupil's physician or registered nurse practitioner or a health agency for completion of additional required immunizations.

F. The school administrator shall review the school immunization record for each pupil admitted or allowed to continue attendance pursuant to subsection E of this section at least twice each school year until the pupil receives all of the required immunizations and shall suspend a pupil as prescribed in subsection G of this section who fails to comply with the immunization schedule. Immunizations received by a pupil shall be entered in the pupil's school immunization record.

G. Unless proof of an exemption from immunization pursuant to section 15-873 is provided, a pupil who is admitted or allowed to continue to attend and who fails to comply with the immunization schedule within the time intervals specified by the schedule shall be suspended from school attendance until documentary proof of the administration of another dose of each appropriate immunizing agent is provided to the school administrator.

H. The provisions of subsections B, D and E of this section do not apply to homeless pupils until the fifth calendar day after enrollment.

I. A school and its employees are immune from civil liability for decisions concerning the admission, readmission and suspension of a pupil that are based on a good faith implementation of the requirements of this article.
A.R.S. § 15-729 — Arizona Code / Title 15 / Chapter 7 / Article 2 / Section 729
15-729 Use of monies received for lost or damaged textbooks, subject matter materials, supplementary books or instructional computer software
Status: in_force

15-729. Use of monies received for lost or damaged textbooks, subject matter materials, supplementary books or instructional computer software

A school district may hold and use all monies obtained for lost or damaged school textbooks, subject matter materials, supplementary books or instructional computer software to repair or replace textbooks, subject matter materials, supplementary books or instructional computer software which are lost or damaged. A school district shall use these monies in addition to the monies budgeted for purchase of new textbooks, subject matter materials, supplementary books or instructional computer software.
A.R.S. § 15-1282 — Arizona Code / Title 15 / Chapter 10.1 / Article 1 / Section 1282
15-1282 Career training and workforce fund; exemption; distribution
Status: in_force

15-1282. Career training and workforce fund; exemption; distribution

(Caution:  1998 Prop. 105 applies)

A. The career training and workforce fund is established consisting of monies deposited pursuant to section 15-1281, private donations and interest earned on those monies.  Monies in the fund are continuously appropriated.  Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund, and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The state treasurer shall administer the fund.

B. All monies in the career training and workforce fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

1. The actual reasonable costs incurred by the state treasurer to administer the fund.

2. The actual reasonable costs incurred by the department of education to implement and administer section 15-1283.

3. Any other mandatory expenditure of state revenues required to implement this section and section 15-1283.

C. The state treasurer may prescribe forms necessary to transfer monies from the career training and workforce fund pursuant to subsection B of this section.

D. The state treasurer shall transfer monies in the career training and workforce fund in excess of the amounts paid pursuant to subsection B of this section at the direction of the department of education in accordance with section 15-1283.
A.R.S. § 15-902.01 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 902.01
15-902.01 Student revenue loss phasedown
Status: in_force

15-902.01. Student revenue loss phasedown

A.  A school district that loses at least five hundred students from its student count as a result of the formation of a joint unified school district pursuant to section 15-450 and that does not receive tuition for those students for the budget year may increase its base support level for the budget year by an amount as follows:

1. For the first year of the loss, six hundred fifty thousand dollars.

2. For the second year following the loss, six hundred thousand dollars.

3. For the third year following the loss, five hundred thousand dollars.

4. For the fourth year following the loss, three hundred thousand dollars.

5. For the fifth year following the loss, one hundred thousand dollars.

B. In addition to any adjustment for tuition loss received pursuant to section 15-954, a union high school district that loses at least fifty students from its tuition count as a result of the formation of a joint unified school district pursuant to section 15-450 and that does not receive tuition for those students for the budget year may increase its base support level for the budget year by an amount as follows:

1. For the first year of the loss, one hundred thousand dollars.

2. If during the second year following the initial loss of students the union high school district loses an additional fifty students as a result of the formation of a joint unified school district pursuant to section 15-450 and does not receive tuition for those students for the budget year, two hundred thousand dollars.

3. If during the third year following the initial loss of students the union high school district loses an additional fifty students beyond the second year's additional loss as a result of the formation of a joint unified school district pursuant to section 15-450 and does not receive tuition for those students for the budget year, three hundred twenty-five thousand dollars.

4. If the union high school district was eligible for the three hundred twenty-five thousand dollars as provided in paragraph 3 of this subsection, for the fourth year following the initial loss of students, two hundred thousand dollars.

5. If the union high school district was eligible for the two hundred thousand dollars as provided in paragraph 4 of this subsection, for the fifth year following the initial loss of students, one hundred thousand dollars.
A.R.S. § 15-1031 — Arizona Code / Title 15 / Chapter 9 / Article 7 / Section 1031
15-1031 Power to use outstanding bond authorizations of common school districts or high school districts
Status: in_force

15-1031. Power to use outstanding bond authorizations of common school districts or high school districts

A. All outstanding authorizations permitting the issuance of bonds, as provided in this section and sections 15-1022 through 15-1030, or the incurring of debt by a common school district or a high school district at the time either such district becomes part of a unified school district, shall remain in full force and effect. The unified school district shall be vested with all powers to act for and on behalf of such common school district or high school district to issue the bonds for the purposes for which such authorizations were granted. The school district governing board may submit the bonds for approval by the attorney general.

B. The bonds shall be issued pursuant to this section, chapter 4, article 5 of this title and sections 15-1021 through 15-1030 except that the effect of the bonds issued pursuant to this section shall be the same as if the questions pertaining to the issuance of the bonds had been submitted to and approved by the electors of the unified school district after its formation.

C. The provisions of this section shall not be construed as authorizing indebtedness in excess of the percentage limitation as prescribed for a unified school district in article IX, section 8.1, Constitution of Arizona.
A.R.S. § 15-913 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 913
15-913 Education programs; juvenile detention centers; fund
Status: in_force

15-913. Education programs; juvenile detention centers; fund

A. Each county that operates a juvenile detention center shall offer an education program to serve all school-age children in its juvenile detention center. The county school superintendent and the presiding juvenile court judge in each county shall agree on the method of delivery of the juvenile detention center education program.

B. The state board of education shall prescribe standards and achievement testing requirements for county juvenile detention center education programs that attempt to ensure that the programs are compatible with public school education goals and requirements. The county school superintendent shall attempt to coordinate the program with each pupil's school district of residence to assist the pupil's transition back to the school district at the appropriate time.

C. A county may operate its juvenile detention center education program through an existing accommodation school.

D. If a county chooses not to operate its juvenile detention center education program through an existing accommodation school, the county school superintendent may establish a detention center education fund to provide financial support to the program. The detention center education fund for each program shall consist of a base amount plus a variable amount. For fiscal year 2019-2020, the base amount is $100,000 and the variable amount shall be determined pursuant to subsection E of this section. Beginning with fiscal year 2020-2021, the base amount is the amount for the prior year adjusted by the growth rate prescribed by law, subject to appropriation.  The base amount and variable amount for each county or counties served shall be funded with state general fund monies, subject to appropriation.  The county school superintendent must submit claims for payments to the superintendent of public instruction. The county school superintendent shall deposit the payments into the detention center education fund. Any excess monies in the detention center education fund shall be used to supplement classroom spending.

E. The variable amount shall be determined as follows:

1. Determine the number of days in the prior fiscal year that each child who had been in the detention center for more than forty-eight hours received an instructional program of at least two hundred forty minutes.  A school district may not count a child as being in attendance in that school district on a day that the child is counted for the purposes of this paragraph.

2. Multiply the number of days determined under paragraph 1 of this subsection by the following amount:

(a) For fiscal year 2019-2020, $25.

(b) For fiscal year 2020-2021 and thereafter, the amount for the prior year adjusted by the growth rate prescribed by law, subject to appropriation.

3. For each child with a disability as defined in section 15-761 who had been in the detention center for more than forty-eight hours:

(a) Determine the amount prescribed in section 15-1204, subsection E, paragraph 1 or 2 and add $100 for capital outlay costs.

(b) Divide the sum determined under subdivision (a) of this paragraph by one hundred seventy-five.

(c) Subtract the amount prescribed in paragraph 2, subdivision (a) or (b) of this subsection from the quotient determined in subdivision (b) of this paragraph.

(d) Determine the number of days in the prior fiscal year that the child received an instructional program of at least two hundred forty minutes.

(e) Multiply the amount determined in subdivision (d) of this paragraph by the difference determined in subdivision (c) of this paragraph.

4. Add the amounts determined in paragraph 3 of this subsection for all children with disabilities.

5. Add the sum determined in paragraph 4 of this subsection to the product determined in paragraph 2 of this subsection. This sum is the variable amount.

F. If a county detention center education program serves more than one county, the county school superintendents and the presiding juvenile court judges of the counties being served shall agree on a county of jurisdiction. The county school superintendent shall deposit into the detention center education fund of the county of jurisdiction monies that are received from the superintendent of public instruction pursuant to this section for all counties served by the county of jurisdiction.

G. If a county operated a juvenile detention center education program through an accommodation school in the year before it begins to operate its juvenile detention center education program as provided in subsection D of this section, for the first year of operation as provided in subsection D of this section, the student count of the accommodation school shall be reduced by the student count attributable to the juvenile detention center education program.
A.R.S. § 15-402 — Arizona Code / Title 15 / Chapter 4 / Article 1 / Section 402
15-402 Voting by early ballot
Status: in_force

15-402. Voting by early ballot

A qualified elector of a school district, who meets the requirements may vote by early ballot.
A.R.S. § 15-249.09 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.09
15-249.09 Early literacy program fund; report; definitions
Status: in_force

15-249.09. Early literacy program fund; report; definitions

A. The early literacy program fund is established to provide support to improve reading skills, literacy and proficiency for students in kindergarten programs and grades one, two and three in addition to monies received pursuant to section 15-211. The fund shall be administered by the department of education.  The state board of education shall develop policies and procedures to be administered by the department of education.

B. Subject to review and approval by the state board of education, the department of education shall award monies to eligible schools based on available monies on a per pupil basis. The per pupil amount shall be calculated using the student count for pupils in kindergarten programs and grades one, two and three.

C. Eligible schools that receive monies pursuant to this section shall submit data on expenditures and results and other information required by subsection E of this section.

D. Eligible schools may use monies for eligible expenses to increase the reading proficiency of students in kindergarten programs and grades one, two and three. Eligible schools may also use monies to provide a full-day kindergarten program that is structured to increase reading proficiency. Monies must be used to expand, enhance and support the components included in a school's reading program plan submitted pursuant to section 15-211.

E. Subject to review and approval by the state board of education, the department of education shall include a report on the early literacy program in the K-3 reading program plan required by section 15-211.  The report shall contain the following:

1. A description of the monies awarded each year.

2. A summary of the funded activities.

3. Information on the recipient schools' progress toward achievement goals.

4. Specific findings on strategies and activities and their level of effectiveness in improving reading proficiency in the recipient schools.

F. For the purposes of this section:

1. "Eligible expenses" means expenses for evidence-based strategies and interventions designed to improve the reading proficiency of students in kindergarten programs and grades one, two and three pursuant to sections 15-211 and 15-704, including literacy coaches and literacy specialists, reading curricula, kindergarten readiness assessments, summer programs or tutoring programs.

2. "Eligible school" means a public school with at least ninety percent of students who are eligible for free and reduced-priced lunches under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785).

3. "Student count" means the average daily membership for pupils in kindergarten programs and grades one, two and three, as prescribed in section 15-901 for the current year.
A.R.S. § 15-943.02 — Arizona Code / Title 15 / Chapter 9 / Article 3 / Section 943.02
15-943.02 Base support level for career technical education districts
Status: in_force

15-943.02. Base support level for career technical education districts

A. The base support level for each career technical education district shall be computed as follows:

Grade/      Support     Student     Weighted

Category    Level       Count       Student

Weight      Count

9-12  1.339     x      ________  =  ________

B. Multiply the total determined in subsection A of this section by the base level.

C. Multiply the teacher experience index of the district or 1.00, whichever is greater, by the product obtained in subsection B of this section.

D. For the purposes of this section, the student count is the average daily membership as prescribed in section 15-901 for the current year, except that for the purposes of computing the base support level used in determining school district rollover allocations, the student count is the average daily membership as prescribed in section 15-901 for the prior year.
A.R.S. § 15-717.01 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 717.01
15-717.01 Bible influence; elective course; requirements; immunity
Status: in_force

15-717.01. Bible influence; elective course; requirements; immunity

A. The state board of education shall include in history or English arts standards, or both, concepts that include:

1. The history and literature of the old testament era.

2. The history and literature of the new testament era.

B. The standards adopted pursuant to subsection A of this section shall not require that pupils who do not enroll in the elective course prescribed in this section receive instruction on the historical study of biblical text.

C. A school district or charter school may offer an elective course pertaining to how the bible has influenced western culture for pupils in grades nine through twelve.  A school may offer this course as an online course.  A school district or charter school may develop a new curriculum or use an existing curriculum that includes teachers' guides and that is currently in use in public schools in this state or in other states. An existing curriculum that is used by a school district or charter school shall meet the standards and guidelines prescribed in this section.

D. Before a school offers a course under this section, a legal review shall be conducted to ensure that the course complies with the first amendment to the United States Constitution.

E. A course offered under this section shall be designed to:

1. Familiarize pupils with the contents, characters, poetry and narratives that are prerequisites to understanding society and culture, including literature, art, music, mores, oratory and public policy.

2. Familiarize pupils with the following:

(a) The contents of the old testament and the new testament.

(b) The history recorded by the old testament and the new testament.

(c) The literary style and structure of the old testament and the new testament.

(d) The influence of the old testament and the new testament on laws, history, government, literature, art, music, customs, morals, values and culture.

F. A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious or nonreligious views, traditions and perspectives of pupils. This section is not intended to violate any provision of the United States Constitution, the Constitution of Arizona or state law or any rules, guidelines or regulations adopted by the United States department of education, the state board of education or the Arizona department of education.

G. A pupil shall not be required to use a specific translation as the sole text of the old testament or the new testament and may use as the basic textbook a different translation of the old testament or the new testament from that chosen by the school district governing board, the charter school governing body or the pupil's teacher.

H. Personnel shall not be assigned to teach a course offered under this section based on any of the following:

1. A religious or nonreligious test.

2. A profession of faith or lack of faith.

3. Prior or current religious affiliation or a lack of religious affiliation.

I. A teacher who instructs a course offered under this section in its appropriate historical context and in good faith shall be immune from civil liability and disciplinary action pursuant to section 15-535.
A.R.S. § 15-1032 — Arizona Code / Title 15 / Chapter 9 / Article 7 / Section 1032
15-1032 Capital facilities; bonded indebtedness liability for unified school districts
Status: in_force

15-1032. Capital facilities; bonded indebtedness liability for unified school districts

A. All school buildings of established school districts which are located within any unified school district shall, together with all equipment and furnishings, become the property of the unified school district.

B. If any established common school district or high school district has a bonded indebtedness liability, the liability or so much of it as is attributable to facilities located within the boundaries of any unified school district shall become an assumed indebtedness liability of the unified school district. The unified school district governing board shall levy a tax against the property of the unified school district for the payment of the principal and interest, but nothing in this section shall be construed to relieve the taxable property in the theretofore existing school districts from liability to taxation for the payment thereof if necessary to prevent a default in such payment. The unified school district shall assume the indebtedness liabilities of the existing school districts which shall be regarded as an indebtedness of the unified school district for the purpose of determining the debt incurring capacity of the unified school district.
A.R.S. § 15-741 — Arizona Code / Title 15 / Chapter 7 / Article 3 / Section 741
15-741 Assessment of pupils; definition
Status: in_force

15-741. Assessment of pupils; definition

A. The state board of education shall:

1. Adopt rules for the purposes of this article pursuant to title 41, chapter 6.

2. Adopt and implement a statewide assessment to measure pupil achievement of the state board-adopted academic standards in reading, writing and mathematics in at least four grades designated by the state board.  The state board shall determine the manner of implementation. The state board may administer assessments of the academic standards in social studies and science, except that a pupil shall not be required to meet or exceed the social studies or science standards measured by the statewide assessment.

3. Ensure that the tests prescribed in this section are uniform throughout this state.

4. Ensure that the tests prescribed in this section are able to be scored in an objective manner and are not intended to advocate any sectarian, partisan or denominational viewpoint.

5. Ensure that the tests prescribed in this article collect only types of pupil nontest data that are approved by the state board at a public meeting and published on the website of the state board pursuant to paragraph 7 of this subsection.

6. Include within its budget all costs pertaining to the tests prescribed in this article. If sufficient monies are appropriated, the state board may provide achievement test services to school districts that request assistance in testing pupils in grades additional to those required by this section.

7. Survey teachers, principals and superintendents on achievement-related nontest indicators, including information on graduation rates by ethnicity and dropout rates by ethnicity for each grade level.  Before the survey, the state board shall approve at a public meeting the nontest indicators on which data will be collected and shall post in a prominent position on the home page of the state board's website a link to the nontest indicators entitled "What nontest data does the state of Arizona collect about Arizona pupils?". The linked webpage shall state the types of data collected, the reasons for the collection of the data and the entities with which the data is shared. In conducting the survey and collecting data, the state board shall not violate the provisions of the family educational rights and privacy act (P.L. 93-380), as amended, or disclose personally identifiable information.

8. Establish a fair and consistent method and standard by which test scores from schools in a district may be evaluated taking into consideration demographic data. The state board shall establish intervention strategies to assist schools with scores below the acceptable standard. The state board shall annually review district and school scores and shall offer assistance to school districts in analyzing data and implementing intervention strategies. The state board shall use the adopted test and methods of data evaluation for a period of at least ten years.

9. Participate in other assessments that provide national comparisons as needed.

10. Require in the contract for the statewide assessment pursuant to this section that test scores and assessment data from the third grade reading portion of the statewide assessment adopted pursuant to this section be received by local education agencies on or before May 15 of each academic year and that the scores and assessment data from all other portions of the statewide assessment adopted pursuant to this section be received by local education agencies on or before May 25 of each academic year.  The state board shall impose penalties on the contractor for scores received after these dates. If the state board alters the statewide assessment testing window for any reason, the state board may adjust the dates by which local education agencies are required to receive the scores and assessment data proportionately.  If the state board adjusts the dates by which local education agencies are required to receive the scores and assessment data, the state board may not impose penalties on the contractor unless the scores and assessment data are received after the adjusted dates.

B. The achievement tests adopted by the state board as provided in subsection A of this section shall be given at least annually. Nontest indicator data and other information shall be collected at the same time as the collection of achievement test data.

C. Local school district governing boards shall:

1. Administer the tests prescribed in subsection A of this section.

2. Survey teachers, principals and superintendents on achievement-related nontest indicator data as required by the state board, including information related to district graduation and dropout rates.  In conducting the survey and collecting data, the governing board shall not violate the provisions of the family educational rights and privacy act (P.L. 93-380), as amended, or disclose personally identifiable information.

D. Any additional assessments for high school pupils that are adopted by the state board after November 24, 2009 shall be designed to measure college and career readiness of pupils.

E. If a high school pupil who is enrolled in a school district or charter school participates in a nationally recognized assessment that is  both adopted by the state board of education pursuant to subsection A of this section and administered by a person other than the school district or charter school, the pupil or pupil's parent or guardian may submit the pupil's official score report for the assessment to the school district or charter school. On receipt of an official score report pursuant to this subsection, the school district or charter school shall do all of the following:

1. Record the score in the pupil's file.

2. Report the score to the state board of education and the department of education.

3. If the pupil or pupil's parent or guardian submits an official score report pursuant to this subsection to the school district or charter school before the date on which the school administers the tests prescribed in subsection A of this section, allow the pupil to opt out of participation in the assessment that is administered by the school district or charter school.  If a pupil opts out of an assessment pursuant to this paragraph, the school district or charter school shall use the data from the pupil's official score report for the pupil's achievement test data for the purposes of this section.  This paragraph does not require a school district or charter school to allow a pupil to opt out of the collection of nontest indicator data or other information that is collected about pupils who participate in the assessment that is administered by the school district or charter school pursuant to this section.

F. A test for penmanship shall not be required pursuant to this article.

G. If a local education agency requests a raw data file of assessment data for the pupils tested at the local education agency, the department of education shall fulfill the request in a format that is usable for assessment diagnostics within thirty days after the request.  The local education agency shall follow all applicable student data privacy laws and may not publicly disclose individual student achievement results.

H. A school district or charter school may administer the statewide assessment in the form of a written test if any of the following applies:

1. A written test is required pursuant to an individualized education program or a section 504 plan as defined in section 15-731.

2. To accommodate special circumstances.

3. For religious purposes.

4. On request by a pupil's parent or guardian.

I. For the purposes of this section, "nationally recognized" has the same meaning prescribed in section 15-741.02.
A.R.S. § 15-753 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 753
15-753 Parental waivers
Status: in_force

15-753. Parental waivers

(Caution:  1998 Prop. 105 Applies)

A. The requirements of section 15-752 may be waived with the prior written informed consent, to be provided annually, of the child's parents or legal guardian under the circumstances specified in this section.  Such informed consent shall require that said parents or legal guardian personally visit the school to apply for the waiver and that they there be provided a full description of the educational materials to be used in the different educational program choices and all the educational opportunities available to the child.  If a parental waiver has been granted, the affected child shall be transferred to classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law.  Individual schools in which 20 students or more of a given grade level receive a waiver shall be required to offer such a class; in all other cases, such students must be permitted to transfer to a public school in which such a class is offered.

B. The circumstances in which a parental exception waiver may be applied for under this section are as follows:

1. Children who already know English: the child already possesses good English language skills, as measured by oral evaluation or standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores approximately at or above the state average for his grade level or at or above the 5th grade average, whichever is lower; or

2. Older children: the child is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's overall educational progress and rapid acquisition of basic English language skills; or

3. Children with special individual needs: the child already has been placed for a period of not less than thirty calendar days during that school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the child has such special and individual physical or psychological needs, above and beyond the child's lack of English proficiency, that an alternate course of educational study would be better suited to the child's overall educational development and rapid acquisition of English.  A written description of no less than 250 words documenting these special individual needs for the specific child must be provided and permanently added to the child's official school records, and the waiver application must contain the original authorizing signatures of both the school principal and the local superintendent of schools.  Any such decision to issue such an individual waiver is to be made subject to the examination and approval of the local school superintendent, under guidelines established by and subject to the review of the local governing board and ultimately the state board of education. Teachers and local school districts may reject waiver requests without explanation or legal consequence, the existence of such special individual needs shall not compel issuance of a waiver, and the parents shall be fully informed of their right to refuse to agree to a waiver.
A.R.S. § 15-244 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 244
15-244 Office of Indian education; definition
Status: in_force

15-244. Office of Indian education; definition

A. The office of Indian education is established in the department of education.  The superintendent of public instruction shall hire appropriate personnel for the office.

B. The office of Indian education shall:

1. In collaboration with Indian nations, provide technical assistance to schools and Indian nations to meet the educational needs of Native American pupils.

2. Provide technical assistance to schools and Indian nations in the planning, development, implementation and evaluation of curricula that are culturally relevant and aligned to state standards.

3. Provide technical assistance to schools and Indian nations to develop culturally appropriate curricula and instructional materials.

4. Establish an Indian education advisory council in the department of education that shall include at least parents who are not certificated teachers.

5. Encourage and foster parental involvement in the education of Native American pupils.

C. At least once each year, representatives from all Indian nations, members of the state board, the governor's office, the governor's office on tribal relations, the intertribal council of Arizona, the legislature, the superintendent of public instruction and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of Native American pupils.

D. Based on data submitted pursuant to subsection E of this section, the office of Indian education, in collaboration with entities that serve Native American pupils, shall submit an annual statewide Native American education status report to all Indian nations in this state.  The division shall provide a copy of this report to the secretary of state.

E. A school district with tribal lands located within its boundaries shall provide a district-wide Native American education status report to all Indian nations represented within the school district boundaries and to the department of education.

F. The status reports prescribed in subsections D and E of this section shall be written in a brief format and shall include the following information, through which public school performance is measured and reported to the Indian nations:

1. Student achievement as measured by a statewide test approved by the state board, with results disaggregated by ethnicity.

2. School safety.

3. The dropout rate.

4. Attendance.

5. Parent and community involvement.

6. Educational programs that target Native American pupils.

7. Financial reports.

8. The current status of federal Indian education policies and procedures.

9. School district initiatives to decrease the number of student dropouts and increase attendance.

10. Public school use of variable school calendars.

11. School district consultations with parent advisory committees.

G. The state board of education, in consultation with the Indian nations in this state, may adopt rules to implement this section.

H. For the purposes of this section, "Indian nations" means an Indian nation, tribe or pueblo located in this state.
A.R.S. § 15-786 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 786
15-786 Acceptance of gifts or grants; fund; unexpended monies
Status: in_force

15-786. Acceptance of gifts or grants; fund; unexpended monies

A. The state board of education may accept gifts or grants of monies or property from public or private sources. The state board shall place the monies in a separate account designated as the career and technical education and vocational education fund.

B. If all or part of the monies accepted by the state board as provided in subsection A are not expended prior to the end of the fiscal year in which the gift or grant was accepted, the remaining balance of the amount remains in the career and technical education and vocational education fund until needed and does not revert to the state general fund at the close of the fiscal year.
A.R.S. § 15-135 — Arizona Code / Title 15 / Chapter 1 / Article 3 / Section 135
15-135 Deductions for retirement; preservation of rights
Status: in_force

15-135. Deductions for retirement; preservation of rights

A. All regular deductions for retirement as required by law shall be made from the salary of the local teacher or professor participating in exchange teaching pursuant to this article.

B. No such teacher or professor shall lose any right of certification, retirement, salary status or other benefit provided by law or by the rules of the governing board of the school district or the Arizona board of regents due to exchange teaching under this article.
A.R.S. § 15-1806 — Arizona Code / Title 15 / Chapter 14 / Article 1 / Section 1806
15-1806 Testimony concerning student status; designation of persons to administer oaths
Status: in_force

15-1806. Testimony concerning student status; designation of persons to administer oaths

The Arizona board of regents and each community college district shall designate a person employed at each institution under their respective jurisdictions to administer oaths or affirmations in connection with the taking of testimony relative to student status for tuition purposes.
A.R.S. § 15-790 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 790
15-790 Primary responsibility of school districts, career technical education districts, community college districts and universities
Status: in_force

15-790. Primary responsibility of school districts, career technical education districts, community college districts and universities

A. School district governing boards have the primary responsibility for providing career exploration and entry-level career and technical education and vocational education.

B. Career technical education districts have the primary responsibility for providing career and technical education preparation programs designed to prepare students for advanced career and technical education or entry into the workforce.

C. Community college district governing boards have the primary responsibility for providing postsecondary technical education and advanced career and technical education and vocational education, including the retraining and upgrading of a student's occupational skills. Community college district governing boards in conjunction with the state board for private postsecondary education have the major responsibility for providing career and technical education and vocational education that focuses on the economic development of this state.

D. Universities have the primary responsibility for research related to career and technical education and vocational education.
A.R.S. § 15-1683 — Arizona Code / Title 15 / Chapter 13 / Article 5 / Section 1683
15-1683 Issuance of bonds
Status: in_force

15-1683. Issuance of bonds

A. The board shall have power, and is hereby authorized from time to time, to issue bonds:

1. To acquire any one project, or more than one, or any combination thereof, for such institution, if both of the following conditions are met:

(a) As of the date of issuance of bonds or certificates of participation for any institution, projected debt service on bonds and certificates of participation then outstanding and proposed to be issued for such institution, as shown in the most recent capital improvement plan reported to the board, may not exceed, in any fiscal year shown in such capital improvement plan, more than eight per cent of such institution's total projected expenditures and mandatory transfers.  The calculation of compliance with this condition shall be as set forth in and approved by the board in its adopted capital improvement plan for such institution.  Projected debt service in the capital improvement plan for any project financed with commercial paper shall be calculated based on the projected debt service on the permanent financing for the project or, for projects that are not expected to be replaced with permanent financing, the projected debt service shall be calculated based on an assumed financing term of thirty years.

(b) The project to be acquired with the proceeds of the bonds is reviewed by the joint committee on capital review.

2. To refund bonds heretofore and hereafter issued to acquire any project or projects for such institution as hereinafter provided for.

3. To refund any such refunding bonds.

4. For any one, or more than one, or all of such purposes, or any combination thereof.

B. All bonds shall be authorized by resolution of the board and may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding the earlier of forty years from the respective dates thereof or the useful life of the capital improvements, may mature in such amount or amounts, may bear interest at such rate or rates as shall be determined by the board, payable at such time or times, may be in such form, either coupon or registered as to principal only or as to both principal and interest, may carry such registration privileges, including the conversion of a fully registered bond to a coupon bond or bonds and the conversion of a coupon bond to a fully registered bond, may be executed in such manner, may be made payable in such medium of payment, at such place or places within or without the state, and may be subject to such terms of redemption prior to their expressed maturity, with or without premium, as such resolution or other resolutions may provide.  All bonds issued under this article shall be sold as the board shall determine. Such resolution may provide that one of the officers of the board shall sign such bonds manually and that the other signatures may be printed, lithographed, engraved or otherwise reproduced thereon. The coupon bonds shall be fully negotiable within the meaning of the uniform commercial code, title 47.
A.R.S. § 15-1043 — Arizona Code / Title 15 / Chapter 9 / Article 8 / Section 1043
15-1043 Student level data; allowable disclosure; policies
Status: in_force

15-1043. Student level data; allowable disclosure; policies

A. Any disclosure of educational records compiled by the department of education pursuant to this article shall comply with the family educational rights and privacy act (20 United States Code section 1232g).

B. Student level data may not be updated unless the change is authorized by the school district, career technical education district or charter school.

C. The department of education shall adopt policies and procedures to both:

1. Allow access of student level data for currently enrolled students to all of the following:

(a) School districts.

(b) Career technical education districts.

(c) Charter schools.

2. Allow access of student level data to all of the following:

(a) County school superintendents for students currently enrolled in a school district located in the superintendent's county of jurisdiction.

(b) The state board of education for students currently enrolled in a school district or charter school in this state.

(c) The state board for charter schools for students currently enrolled in a charter school sponsored by the state board for charter schools.

D. The department of education shall develop, publish and make publicly available policies and procedures to comply with the family educational rights and privacy act of 19 (20 United States Code section 1232g) and other relevant privacy laws and policies, including policies that manage access to personally identifiable information, to be implemented by the department of education, county school superintendents, the state board of education and the state board for charter schools pursuant to this section and as prescribed by interagency data-sharing agreements. The policies and procedures must comply with all of the following:

1. Contain a detailed data security plan that includes all of the following:

(a) Guidelines for authorizing access to the systems housing student level data and to individual student data, including guidelines for authenticating authorized access.

(b) Privacy compliance standards.

(c) Privacy and security audits.

(d) Security breach planning, notice and procedures.

(e) Data retention and disposition policies, which must include specific criteria for identifying when and how the data will be destroyed.

(f) Guidance for school districts, charter schools and staff regarding data use.

(g) Consequences for security breaches.

(h) Staff training regarding the guidelines.

2. Ensure that written agreements involving the disclosure of student level data to the department of education, county school superintendents, the state board of education and the state board for charter schools comply with all of the following:

(a) Meet the minimum conditions prescribed by the family educational rights and privacy act for exceptions to written parental consent as outlined in 20 United States Code section 1232g(b) and (h) through (j) and 34 Code of Federal Regulations section 99.31.

(b) Specify the purpose, scope and duration of the disclosure and the information to be disclosed.

(c) Require the organization to use personally identifiable information from educational records only to meet the purpose or purposes of the disclosure as stated in the written agreement.

(d) Require the organization to conduct the disclosure in a manner that does not allow access to the personally identifiable information of parents and students by anyone other than representatives of the organization with legitimate interests.

(e) Require the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the disclosure was conducted and to specify the time period in which the information must be destroyed.

3. Ensure that any work products from the use of student level data by the department of education, county school superintendents, the state board of education or the state board for charter schools are not in conflict with any state and federal reporting that meets state and federal law.

4. Provide access to student level data through an online platform within the parameters of federal law and pursuant to the written agreements with the consent of the required parties.

E. This section does not apply to a homeschool student with an affidavit on file pursuant to section 15-802.
A.R.S. § 15-1868 — Arizona Code / Title 15 / Chapter 14 / Article 6 / Section 1868
15-1868 Community college districts; committee on free expression; annual report
Status: in_force

15-1868. Community college districts; committee on free expression; annual report

A. The community college district governing boards shall each establish a committee on free expression.

B. Each committee on free expression shall submit an annual report on or before December 1 to the governor, the speaker of the house of representatives and the president of the senate and submit a copy of the annual report to the secretary of state. Each community college district shall post a copy of the annual report on its respective website. The annual report shall include:

1. A description of any barriers to or disruptions of free expression within the community colleges in this state.

2. A description of the administrative handling and discipline relating to barriers to or disruptions of free expression within the community colleges in this state.

3. A description of substantial difficulties, controversies or successes in maintaining a posture of administrative and institutional neutrality.

4. Any assessments, criticisms, commendations or recommendations that the committee decides to include in the annual report.

5. An accounting of how student activity fees were allocated in the prior year.  For the purposes of this paragraph, "student activity fees" means any fee that is charged to students by a community college in this state and that is used to support and facilitate the expression and activities of students or student organizations.
A.R.S. § 15-1151 — Arizona Code / Title 15 / Chapter 10 / Article 4 / Section 1151
15-1151 Definition of school meal programs
Status: in_force

15-1151. Definition of school meal programs

In this article, unless the context otherwise requires, "school meal programs" means programs under which meals are served by a public or private school on a nonprofit basis to children in attendance, including a program under which federal assistance is received.
A.R.S. § 15-233 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 233
15-233 Night schools for teaching English
Status: in_force

15-233. Night schools for teaching English

The governing board of a school district in which there are fifteen or more persons over sixteen years of age who either do not read and write or speak the English language who desire to attend a night school may establish a night school for teaching the English language, American ideals and an understanding of American institutions.
A.R.S. § 15-1802 — Arizona Code / Title 15 / Chapter 14 / Article 1 / Section 1802
15-1802 In-state student status
Status: in_force

15-1802. In-state student status

A. Except as otherwise provided in this article, a person having a domicile elsewhere than in this state is not eligible for classification as an in-state student for tuition purposes.

B. A person is not entitled to classification as an in-state student until the person is domiciled in this state for one year, except that a person whose domicile is in this state is entitled to classification as an in-state student if the person meets one of the following requirements:

1. The domicile of the person's parent is in this state and the parent is entitled to claim the person as an exemption for state and federal tax purposes.

2. The person is an employee of an employer that transferred the person to this state for employment purposes or the person is the spouse of such an employee.

3. The person is an employee of a school district in this state and is under contract to teach on a full-time basis or is employed as a full-time noncertified classroom aide at a school within that school district.  For the purposes of this paragraph, the person is eligible for classification as an in-state student only for courses necessary to complete the requirements for certification by the state board of education to teach in a school district in this state. A member of the person's family is not eligible for classification as an in-state student if the person is eligible for classification as an in-state student pursuant to this paragraph, unless the family member is otherwise eligible for classification as an in-state student pursuant to this section.

4. The person's spouse has established domicile in this state for at least one year, has demonstrated intent and financial independence and is entitled to claim the student as an exemption for state and federal tax purposes or the person's spouse was temporarily out of state for educational purposes but maintained a domicile in this state. If the person is a noncitizen, the person must be in an eligible visa status pursuant to federal law to classify as an in-state student for tuition purposes.

C. The domicile of an unemancipated person is that of the person's parent.

D. Any unemancipated person who remains in this state when the person's parent, who had been domiciled in this state, removes from this state is entitled to classification as an in-state student until attainment of the degree for which the person is currently enrolled, as long as the person maintains continuous attendance.

E. A person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders or who is the spouse or a dependent child as defined in section 43-1001 of a person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders is entitled to classification as an in-state student. A spouse or a dependent child does not lose in-state student classification under this subsection if the spouse or dependent child qualifies for in-state tuition classification at the time the spouse or dependent child is accepted for admission to a community college under the jurisdiction of a community college district governing board or a university under the jurisdiction of the Arizona board of regents.  The student, while in continuous attendance toward the degree for which currently enrolled, does not lose in-state student classification.

F. A person who is a member of the armed forces of the United States or the spouse or a dependent as defined in section 43-1001 of a member of the armed forces of the United States is entitled to classification as an in-state student if the member of the armed forces has claimed this state as the person's state of legal residence for at least twelve consecutive months before the member of the armed forces, the spouse or the dependent enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.  For the purposes of this subsection, the requirement that a person be domiciled in this state for one year before enrollment to qualify for in-state student classification does not apply.

G. A person holding an honorable discharge from the uniformed services of the United States from either active duty or reserve or national guard status, or who has retired from active duty or reserve or national guard status, shall be granted immediate classification as an in-state student and, while continuously enrolled, does not lose in-state student classification if the person has demonstrated objective evidence of intent to be a resident of Arizona that, for the purposes of this section, includes at least one of the following:

1. Registration to vote in this state.

2. An Arizona driver license.

3. Arizona motor vehicle registration.

4. Employment history in Arizona.

5. Transfer of major banking services to Arizona.

6. Change of permanent address on all pertinent records.

7. Other materials of whatever kind or source relevant to domicile or residency status.

H. A person who meets any of the requirements prescribed in subsection L of this section shall be granted immediate classification as an in-state student and does not lose in-state student classification if the person has demonstrated objective evidence of intent to be a resident of this state that, for the purposes of this section, includes at least one of the following:

1. Registration to vote in this state.

2. An Arizona driver license.

3. Arizona motor vehicle registration.

4. Employment history in Arizona.

5. Transfer of major banking services to Arizona.

6. Change of permanent address on all pertinent records.

7. Other materials of whatever kind or source relevant to domicile or residency status.

I. A person who is a member of an Indian tribe recognized by the United States department of the interior whose reservation land lies in this state and extends into another state and who is a resident of the reservation is entitled to classification as an in-state student.

J. A person who has participated in the AmeriCorps program or the volunteers in service to America program for at least one year in this state is entitled to classification as an in-state student.

K. A person who is a contracted cadet participating in a reserve officer training corps program in this state is entitled to classification as an in-state student.

L. A person who meets any of the following requirements is entitled to immediate classification as an in-state student if that person has demonstrated objective evidence of intent to be a resident of this state as prescribed in subsection H of this section:

1. The person is a veteran as defined in title 38 of the United States Code who, while using educational assistance under 38 United States Code chapter 30, 31, 33 or 35, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board after the veteran's discharge from active duty service of ninety or more days.

2. The person does not meet the requirements prescribed in paragraph 3 or 4 of this subsection and, while using educational assistance under 38 United States Code chapter 30, 31, 33 or 35, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board after the veteran's discharge from active duty service of ninety or more days.

3. The person, while using benefits under the Marine Gunnery Sergeant John David Fry Scholarship prescribed in 38 United States Code section 3311(b)(9), enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.

4. The person, while using transferred Post/911 G.I. Bill benefits pursuant to 38 United States Code section 3319 during a time in which the transferor is a member of the uniformed services serving on active duty, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.

5. The person is otherwise described in 38 United States Code section 3679(c).
A.R.S. § 15-442 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 442
15-442 Record of school district boundaries; limitation on change; notice to governing board
Status: in_force

15-442. Record of school district boundaries; limitation on change; notice to governing board

A. The county school superintendent, on or before December 1 each year, shall file with the board of supervisors and the county assessor a transcript of the boundaries of each school district within the county. The boundaries shown in the transcript shall become the legal boundaries of the districts as of the following July 1.

B. The boundaries of a school district shall not be changed except as provided in this title and then only after the governing boards of the districts affected have had written notice of the proposed change from the county school superintendent and have had an opportunity to be heard.

C. If the county school superintendent and county assessor determine that the boundaries of any school district are in conflict with one another or with other intersecting legal boundaries, traverse within a legally described boundary or are incorrectly described, the county school superintendent shall change, reconcile and describe the school district boundaries accurately and shall make a report of those boundary adjustments to the board of supervisors.  When the board of supervisors approves a district boundary report that is submitted by the county school superintendent, those boundaries shall be the legal boundaries and descriptions of the school district within that county.
A.R.S. § 15-209 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 209
15-209 Disbursement of apportioned federal funds
Status: in_force

15-209. Disbursement of apportioned federal funds

If monies are apportioned to a school district pursuant to section 15-207, the state board of education shall direct the department of administration division of finance to draw a warrant for the amount apportioned, and the state treasurer shall pay the warrant upon presentation, as provided by law. The school district shall immediately deposit the monies with the county treasurer of the county in which the district is located, and the treasurer shall place it in the appropriate fund to the credit of the district. Thereafter the monies shall be disbursed by the county treasurer only on the voucher of the school district and the warrant of the county school superintendent.
A.R.S. § 15-1664 — Arizona Code / Title 15 / Chapter 13 / Article 4 / Section 1664
15-1664 Expenditure of monies
Status: in_force

15-1664. Expenditure of monies

All monies for the use and benefit of an institution under its jurisdiction shall be expended under the direction and control of the Arizona board of regents for the support and maintenance of such institution, buildings and grounds, and for any other purpose the board deems expedient if not inconsistent with provisions of any appropriations.
A.R.S. § 15-405 — Arizona Code / Title 15 / Chapter 4 / Article 1 / Section 405
15-405 Opening and closing of polls
Status: in_force

15-405. Opening and closing of polls

At all school elections the polls shall be open during the same hours as are applicable to general elections. The inspector and two judges shall determine when the hour for opening and closing the polls has arrived. A voter within the polling place at the closing of the polls shall be allowed to vote.
A.R.S. § 15-1405 — Arizona Code / Title 15 / Chapter 12 / Article 1 / Section 1405
15-1405 Presentation of plan to legislature by county board of supervisors
Status: in_force

15-1405. Presentation of plan to legislature by county board of supervisors

The county board of supervisors shall present a plan to the legislature for formation and establishment of a community college district no later than January 15 subsequent to the election held as provided in section 15-1404.
A.R.S. § 15-1223 — Arizona Code / Title 15 / Chapter 10 / Article 8 / Section 1223
15-1223 Bank accounts; employee insurance; interest; accounting procedures
Status: in_force

15-1223. Bank accounts; employee insurance; interest; accounting procedures

A. The governing board of a school district may establish bank accounts in which to deposit the monies it withholds for employee insurance programs, the monies contributed by the district for employee insurance programs and the monies received from former employees, board members, former board members and surviving spouses and dependents of board members or former board members for the insurance programs. The governing board may disburse monies from the bank accounts only by check payable to the insurance carriers or to make refunds of insurance to individuals.

B. The bank accounts may be interest-bearing, and the governing board shall transfer any interest at the end of the fiscal year to the county treasurer for credit to the maintenance and operation fund of the school district.

C. The auditor general in conjunction with the department of education shall prescribe the procedures for accounting for monies pursuant to this section in the uniform system of financial records.
A.R.S. § 15-506 — Arizona Code / Title 15 / Chapter 5 / Article 1 / Section 506
15-506 Flag, Constitution and Bill of Rights display; recitation of pledge of allegiance; moment of silence; exemption
Status: in_force

15-506. Flag, Constitution and Bill of Rights display; recitation of pledge of allegiance; moment of silence; exemption

A. School districts and charter schools shall:

1. Acquire United States flags that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flags.

2. For grades seven through twelve, acquire a legible copy of the Constitution of the United States and the Bill of Rights that is manufactured in the United States.

3. Display the flags in accordance with title 4 of the United States Code in each classroom and on or near the outside of the school building during school hours and at such other times as the school authorities direct.

4. For grades seven through twelve, place a legible copy of the Constitution of the United States and the Bill of Rights adjacent to each classroom flag.

5. Set aside a specific time each day for students who wish to recite the pledge of allegiance to the United States flag.

6. For kindergarten programs and grades one through twelve, set aside at least one minute but not more than two minutes at the beginning of each school day for students to engage in a moment of silence during which students may not interfere with other students' participation. A teacher or other school employee may not suggest the nature of any reflection in which a student may engage during the moment of silence.  Each teacher of a class in which a moment of silence occurs pursuant to this paragraph shall encourage parents of students in the class to discuss with their children how to best use the moment of silence required by this paragraph.

B. Private schools, parochial schools and homeschools are exempt from this section.
A.R.S. § 15-142 — Arizona Code / Title 15 / Chapter 1 / Article 4 / Section 142
15-142 Directory information relating to students; notice; opt-out; consent; access to directory information; access to school property; violation; definition
Status: in_force

15-142. Directory information relating to students; notice; opt-out; consent; access to directory information; access to school property; violation; definition

A. Except as provided in subsection B of this section, a school may disclose directory information relating to students in accordance with state and federal law if the school first notifies the parent or eligible student of all of the following:

1. The types of information that the school has designated as directory information.

2. The right of the parent or eligible student to refuse the school's designation of any or all of the types of information about the student as directory information.

3. The period of time within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any or all of the types of information about the student designated as directory information.

B. Except as required by state or federal law, a school may not disclose the address, telephone number or email address of a student unless either:

1. The parent or eligible student has affirmatively consented in writing to the disclosure.

2. The parent or eligible student has not opted out of the disclosure pursuant to subsection A of this section and the disclosure is either:

(a) To one or more students who are enrolled in the school and for educational purposes.

(b) To school employees and for school business purposes.

C. If the governing board of a school district or the governing body of a charter school allows the release of directory information relating to students, subject to subsections A and B of this section, or allows access to school buildings, school grounds or other school property to persons who inform students of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to students and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing students of educational and occupational opportunities available in the militia and the armed services.  If the school district or charter school allows the release of directory information relating to students, subject to subsections A and B of this section, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow parents or eligible students to request that a student's directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001.  School districts and charter schools shall distribute the form to parents and eligible students each year separate from any other form.  If a school district or charter school distributes materials to parents and eligible students through an electronic communication or on an internet website, the form may be distributed in the same manner.  A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education.

D. Notwithstanding subsection C of this section, student transcripts may not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the student consents in writing to the release of the  student's transcript. The governing board of the school district or the governing body of the charter school shall provide the student with a transcript release form that allows the student to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities.

E. This section does not authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g).  Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction.  If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act.  If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act.

F. For the purposes of this section, "eligible student" means a student who is at least eighteen years of age or is emancipated.
A.R.S. § 15-1802.01 — Arizona Code / Title 15 / Chapter 14 / Article 1 / Section 1802.01
15-1802.01 County residency status; community college districts
Status: in_force

15-1802.01. County residency status; community college districts

A. Each community college district shall adopt policies regarding domicile requirements that include, at a minimum, the following:

1. Each student shall have the question of domicile determined before the time of registration and payment of fees. It is the responsibility of the student to register under the correct domicile determination.

2. Enforcement of domicile requirements shall be the responsibility of the chief executive officer of each community college district.

3. The chief executive officer of each community college district shall designate a representative at each college or campus who is responsible for documents and who is qualified to administer oaths in connection with statements and testimony relative to student domicile status for tuition purposes.

4. In addition to the requirements prescribed in section 15-1802, subsections G and H, any of the following may be used in determining a student's domicile:

(a) An income tax return.

(b) The place of graduation from high school.

(c) The source of financial support.

(d) Dependency as indicated on a federal income tax return.

(e) Ownership of real property.

(f) A notarized statement of a landlord or employer.

(g) Bank accounts.

B. Each community college district shall adopt policies regarding classification procedures for a student for nonresident or resident tuition purposes that include, at a minimum, the following:

1. In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source that is relevant to determining classification.  The college may request written sworn statements or sworn testimony of the student.

2. The decision as to classification shall be made by the representative designated pursuant to subsection A, paragraph 3 of this section.  In making the decision the representative may consult with other college officials.  Decisions by the representative shall be made as soon as possible after all relevant information is acquired.

3. If the representative classifies the student as a nonresident for tuition purposes, the decision shall be communicated to the student by mail to the most recent address furnished to the college.  If the student is classified as a nonresident for tuition purposes, the student must make satisfactory provision for payment of nonresident tuition and other charges.

C. Each community college district shall adopt a review and appeals process for students contesting a domicile decision by the college.
A.R.S. § 15-1650.01 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1650.01
15-1650.01 Hospitality studies scholarship fund
Status: in_force

15-1650.01. Hospitality studies scholarship fund

A. The hospitality studies scholarship fund is established consisting of revenues available to the fund from any lawful source.  The Arizona board of regents shall administer the fund and may partner with any statewide lodging and tourism association that provides matching monies in administering the fund. Monies in the fund are subject to legislative appropriation for the purposes of this section and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The board shall use the monies in the fund to provide scholarships and other financial assistance to students entering into or enrolled in a hospitality studies program at any university under the jurisdiction of the board. The financial assistance shall be used to defray educational expenses, including room and board.  If a recipient withdraws from school or from the hospitality studies program before receiving a degree, the recipient must repay all scholarship monies previously awarded to the recipient.  If the recipient is dismissed from the university, the board shall negotiate an appropriate repayment schedule plus eight percent simple interest.

C. For the purposes of this section, "hospitality studies program" means any undergraduate or graduate academic studies program relating to operation or management of hotels, motels or other facilities for transient lodging as described in section 42-5070, subsection A or restaurants as described in section 42-5074.
A.R.S. § 15-1689 — Arizona Code / Title 15 / Chapter 13 / Article 5 / Section 1689
15-1689 Validity of bonds
Status: in_force

15-1689. Validity of bonds

The bonds bearing the signatures of officers of the board in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be such officers. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire any project financed by the bonds, or to refund outstanding bonds, or taken in connection therewith.
A.R.S. § 15-1041 — Arizona Code / Title 15 / Chapter 9 / Article 8 / Section 1041
15-1041 Student accountability information system
Status: in_force

15-1041. Student accountability information system

The student accountability information system is established to enable school districts, career technical education districts and charter schools to transmit student level data and school finance data electronically through the internet to the department of education for the purposes of complying with the statutory obligations of the department of education and the state board of education.
A.R.S. § 15-789 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 789
15-789 Contracting and cooperative arrangements for career and technical education and vocational education; advisory committee
Status: in_force

15-789. Contracting and cooperative arrangements for career and technical education and vocational education; advisory committee

A. The governing board of a school district may contract with any public body or with any private person for the purpose of providing career and technical education and vocational education. For the purposes of this subsection, school districts are exempt from section 15-213.

B. School districts or community college districts may independently or jointly make application for career and technical education and vocational education monies.

C. School districts and community college districts may provide for joint cooperation among themselves and with each other and with any educational institution eligible to receive career and technical education and vocational education monies as provided in section 15-784 for the purposes of providing career and technical education and vocational education and for the use of each other's facilities and personnel.

D. School districts, among themselves or with community college districts, may jointly purchase, sell, lease or lease-purchase land, buildings or other real or personal property for the purposes of providing career and technical education and vocational education, including establishing a jointly owned and operated vocational and technical center, if:

1. The districts enter into an intergovernmental agreement or other written contract pursuant to section 11-952.

2. The state board of education and, if a community college district is a party to the agreement, the governing board of the community college district approve the intergovernmental agreement or other written contract.

E. If one or more school districts, among themselves or with a community college district, enter into an intergovernmental agreement or other written contract to establish a jointly owned and operated vocational and technical center, the governing boards of the districts shall establish a joint advisory committee for the vocational and technical center consisting of:

1. At least one member of each school district governing board or a designated district staff representative appointed by the respective school district governing board.

2. If a community college is a party to the agreement, members of the community college district board or designated district staff representatives appointed by the community college district board equal in number to the total number of persons appointed pursuant to paragraph 1 of this subsection.

3. Members engaged in commerce or industry in this state equal in number to the total number of persons appointed pursuant to paragraph 1 of this subsection, jointly appointed by the district governing boards.

F. A school district and a community college district may jointly accept gifts or grants of monies, land or other real or personal property for the purpose of providing career and technical education and vocational education and may administer or dispose of the property in accordance with the purpose of the gift or grant.
A.R.S. § 15-911 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 911
15-911 Aggregate expenditure limitation; aggregate expenditures of local revenues; adjustments
Status: in_force

15-911. Aggregate expenditure limitation; aggregate expenditures of local revenues; adjustments

A. On or before June 1 of each year, the legislature shall transmit to the state board of education the aggregate expenditure limitation for all school districts for the following fiscal year that the economic estimates commission determines as provided in section 41-563, subsection C.

B. On or before November 1 of each year, the state board of education shall determine and report to the president of the senate, the speaker of the house of representatives, the chairman of the joint legislative budget committee and the governor's office of strategic planning and budgeting the aggregate expenditures of local revenues as defined in article IX, section 21, subsection (4), Constitution of Arizona, for all school districts for the current year.

C. If the aggregate expenditures of local revenues that the state board determines as provided in subsection B of this section exceed the expenditure limitation determined as provided in section 41-563, subsection C:

1. On or before November 1 the state board shall notify each school district that may be affected by subsections D and E of this section and inform it of the amount by which it may have to reduce its expenditures of local revenues.

2. On or before March 1 the legislature, on approval of two-thirds of the membership of each house of the legislature, may authorize the expenditures of local revenues in excess of the expenditure limitation for the current fiscal year.

D. The state board of education shall:

1. Determine the amount of the expenditures of local revenues that exceed the expenditure limitation.

2. Determine the amount of expenditures of local revenues for each school district and the total amount for all of the school districts.

3. Divide the amount determined in paragraph 1 of this subsection by the total amount determined in paragraph 2 of this subsection.

4. Multiply the quotient determined in paragraph 3 of this subsection by the amount determined in paragraph 2 of this subsection for each school district.

E. If the legislature fails to authorize the expenditures of local revenues that exceed the expenditure limitation as provided in subsection C, paragraph 2 of this section, on or before March 5 the state board of education shall inform each school district of the amount it is to reduce its expenditures of local revenues, and each school district shall reduce its expenditures of local revenues by the amount determined in subsection D, paragraph 4 of this section. On or before April 1, the governing board of each school district, after it gives notice and holds a public meeting in a similar manner as provided in section 15-905, subsections C and D, shall adopt a revised budget for the current year that does not exceed the previously adopted budget for the current year, minus the amount the state board of education specifies for reduction in expenditures of local revenues. Not later than April 4, the budget as revised shall be submitted electronically to the superintendent of public instruction.
A.R.S. § 15-796 — Arizona Code / Title 15 / Chapter 7 / Article 7 / Section 796
15-796 Alternative education programs; alternative schools; requirements; funding; definitions
Status: in_force

15-796. Alternative education programs; alternative schools; requirements; funding; definitions

A. The governing board of a school district may contract with any public body or private person for the purpose of providing alternative education programs or alternative schools.

B. On the approval of the parent or guardian of a student or of a student who is an emancipated person, the superintendent of a school district may recommend to the governing board the placement of the student in an alternative education program or alternative school as provided in this article.

C. An alternative education program or alternative school may deliver the annual required instructional time or instructional hours prescribed in section 15-797, subsection D or any other section to students on any day of the week.

D. An alternative education program or alternative school may enroll and begin to receive funding for a student without a withdrawal form from the student's previous school if the withdrawal has been verified in the student accountability information system and the alternative education program or alternative school retains electronic documentation validating the withdrawal.

E. Notwithstanding any other law, if the previous school of a student who is enrolled in an alternative education program or alternative school incorrectly codes the student as a graduate in the student accountability information system, the alternative education program or alternative school in which the student is currently enrolled may continue to enroll the student.  On notification that a student who has been incorrectly coded as a graduate is enrolled in an alternative education program or alternative school, the department of education shall allocate funding for the student beginning on the date of the student's enrollment in the alternative education program or alternative school.

F. For the purposes of this section:

1. "Alternative education" means the modification of the school course of study and adoption of teaching methods, materials and techniques, including using any instructional time models pursuant to section 15-901.08, to provide educationally for students in grades six through twelve who are unable to profit from the regular school course of study and environment.

2. "Student accountability information system" means the student accountability information system established by section 15-1041.
A.R.S. § 15-727 — Arizona Code / Title 15 / Chapter 7 / Article 2 / Section 727
15-727 Care and issue of textbooks, subject matter materials, supplementary books and instructional computer software
Status: in_force

15-727. Care and issue of textbooks, subject matter materials, supplementary books and instructional computer software

All textbooks, subject matter materials, supplementary books and instructional computer software in the possession of the school districts and those textbooks, subject matter materials, supplementary books and instructional computer software purchased by school districts as provided in this title are and remain the property of the school districts. The school districts shall hold pupils using the textbooks, subject matter materials, supplementary books and instructional computer software responsible for damage or loss of the textbooks, subject matter materials, supplementary books and instructional computer software. If a pupil for any reason requires a second copy of a textbook, subject matter materials or a supplementary book, the pupil shall reimburse the school district for the cost of the textbook, subject matter materials or supplementary book.
A.R.S. § 15-823.01 — Arizona Code / Title 15 / Chapter 8 / Article 2 / Section 823.01
15-823.01 Admission of nonresident pupils; active military duty; definitions
Status: in_force

15-823.01. Admission of nonresident pupils; active military duty; definitions

A. Notwithstanding any other law, a pupil complies with the residency requirements for school attendance in a local education agency if the parent of the pupil is transferred to or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order.

B. A local education agency shall accept an application for enrollment and course registration by electronic means for a pupil who meets the requirements prescribed in subsection A of this section, including enrollment in a specific school or program within the local education agency.

C. The parent of a pupil who meets the requirement prescribed in subsection A of this section shall provide proof of residence to the local education agency within ten days after the arrival date provided on official documentation. The parent may use the address of any of the following as proof of residence for the purposes of this subsection:

1. A temporary on-base billeting facility.

2. A purchased or leased home or apartment.

3. Any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture.

D. For the purposes of this section:

1. "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the national guard and the state military reserve on active duty orders.

2. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other installation under the jurisdiction of the United States department of defense or the United States coast guard.
A.R.S. § 15-1344 — Arizona Code / Title 15 / Chapter 11 / Article 3 / Section 1344
15-1344 Authority for enrollment of children under three years of age; definition
Status: in_force

15-1344. Authority for enrollment of children under three years of age; definition

A. The board of directors may enroll a child under the age of three years in the schools for the deaf and the blind without charge if the person having legal custody of the child is a resident of this state and the child is sensory impaired to an extent that the person would benefit from a specialized program.

B. For the purposes of this section, the residence of the person having legal custody of the pupil is considered the residence of the pupil.

C. For the purposes of this section, "legal custody" means legal custody pursuant to section 15-824.
A.R.S. § 15-152 — Arizona Code / Title 15 / Chapter 1 / Article 5 / Section 152
15-152 Pest management at schools; notice
Status: in_force

15-152. Pest management at schools; notice

A. The governing board of each school district shall develop and adopt a policy to provide pupils and employees with at least forty-eight hours' notice before pesticides are applied on school property. The policy shall include at least the following:

1. Procedures for oral notification to pupils and employees during the regular school session.

2. Procedures for written, electronic or telephonic notification to parents or guardians at least forty-eight hours prior to the application of pesticides.

B. For purposes of this section, pesticides do not include:

1. Nonrestricted use disinfectants, sanitizers or deodorizers regulated by the federal insecticide, fungicide and rodenticide act but include other pesticides regulated under the federal insecticide, fungicide and rodenticide act (P.L. 100-532; 102 Stat. 2654; 7 United States Code section 136).

2. Nonresidual pesticide applications performed or contracted by public health agencies for vector control.

3. Emergency applications of a pesticide that has a toxicity category of III or IV pursuant to 40 Code of Federal Regulations section 156.62 to control harmful pests that pose an imminent threat to the public health.
A.R.S. § 15-540 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 540
15-540 Suspension prior to dismissal of a certificated teacher; written charges; salary
Status: in_force

15-540. Suspension prior to dismissal of a certificated teacher; written charges; salary

A. Upon a written statement of charges adopted by the governing board charging a certificated teacher of the school district with cause for suspension without pay or dismissal, the governing board may immediately place the teacher on administrative leave of absence and give him notice of the administrative leave of absence.

B. The notice of administrative leave of absence shall be in writing and be served upon the teacher personally or by United States registered mail addressed to the teacher at his last known address.

C. Any teacher who is placed on administrative leave of absence pursuant to this section shall continue to be paid regular salary during the period of administrative leave of absence.
A.R.S. § 15-189.03 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 189.03
15-189.03 Academic credits; transfer
Status: in_force

15-189.03. Academic credits; transfer

A. If a pupil who was previously enrolled in a charter school or school district enrolls in a charter school in this state, the charter school shall accept credits earned by the pupil in courses or instructional programs at the charter school or school district.  A charter school governing board may adopt a policy concerning the application of transfer credits for the purpose of determining whether a credit earned by a pupil who was previously enrolled in a school district or charter school will be assigned as an elective or core credit.

B. A pupil who transfers from a charter school or school district shall be provided with a list that indicates which credits have been accepted as an elective credit and which credits have been accepted as a core credit by the charter school. Within ten school days after receiving the list, a pupil may request to take an examination in each particular course in which core credit has been denied.  The charter school shall accept the credit as a core credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the charter school who teaches the subject matter on which the examination is based.
A.R.S. § 15-1302 — Arizona Code / Title 15 / Chapter 11 / Article 1 / Section 1302
15-1302 Arizona state schools for the deaf and the blind; provision of services
Status: in_force

15-1302. Arizona state schools for the deaf and the blind; provision of services

A. There shall be Arizona state schools for the deaf and the blind which provide schools and regional programs in appropriate locations in this state.

B. The schools shall be for the education of sensory impaired persons, so that the persons educated there may become self-sustaining and useful citizens.

C. The schools shall be fully recognized as institutions for educational purposes.

D. The schools shall be optional resources to school districts, state institutions and other approved educational programs. Resource services shall include, but are not limited to, the following:

1. Assessments.

2. Special curriculum.

3. Equipment and materials.

4. Supplemental related services.

5. Special short-term programs.

6. Program planning and staff development.

7. Information services for parents, families and the public.

8. Research and development to promote improved educational programs and services.

E. The services prescribed in subsection D shall not duplicate existing services and shall include a variety of methodology as may be requested by the school districts, state institutions and other approved educational programs, including but not limited to oral, auditory, total communication and cued speech.
A.R.S. § 15-249.14 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.14
15-249.14 Ninth grade on-track grant program; school requirements; fund; exemption
Status: in_force

15-249.14. Ninth grade on-track grant program; school requirements; fund; exemption

A. The ninth grade on-track grant program is established in the department of education. The department shall administer the grant program and may adopt rules, policies and procedures to carry out the purposes of this section.  The department shall:

1. Establish procedures for each of the following:

(a) A school district or charter school to apply for a grant.

(b) The department to evaluate the grant applications.

(c) The department to award grants to eligible school districts and charter schools for a term of more than one year and not more than five years.

2. The department shall ensure that the grant application and reporting requirements do not impose an undue burden on the school districts and charter schools.

3. Require each grant application to be approved by a majority vote of the school district governing board or charter school governing body, whichever applies, before the school district or charter school may submit the application to the department.

4. Award grants on a first-come, first-served basis to each eligible school district or charter school in an amount that is equal to at least $150 for each ninth grade student who is enrolled or projected to be enrolled in the school district or charter school during the term of the grant, except that the total number of ninth grade students who may be funded pursuant to this paragraph may not exceed:

(a) For grants that are awarded in fiscal year 2025-2026, twenty-two thousand six hundred fifty.

(b) For grants that are awarded beginning in fiscal year 2026-2027, zero.

5. Provide administrative support to grant recipients for implementing ninth grade on-track programs and services pursuant to this section.

B. Each school district or charter school that receives a grant award pursuant to subsection A of this section shall:

1. Use the monies to establish and expand programs, opportunities and strategies that help ninth grade students complete sufficient credits to be on track to graduate in four years, including all of the following:

(a) Providing real-time, accessibly formatted data regarding student grades, attendance and behavior to grade nine teachers and support staff.

(b) Allocating time for grade nine teachers and support staff to meet during the school day to review data and develop intervention strategies for at-risk students in grade nine.  The school district or charter school shall maintain records of meetings held pursuant to this subdivision and provide those records to the department on request.

(c) Providing timely, actionable data for grade nine teachers, including providing access to data and developing teachers' data literacy.

(d) Creating highly effective grade nine success teams.

(e) Establishing foundational structures and conditions for grade nine on-track work.

(f) Establishing systems and processes to optimize operations of the grade nine success team.

(g) Systematizing grade nine success by recruiting and engaging all stakeholders.

(h) Creating and executing proactive and data-driven intervention and referral systems and processes.

(i) Implementing proactive and high-leverage intervention strategies.

(j) Creating and executing a comprehensive system of grade nine transition supports.

(k) Creating a personalized and supportive environment for students in grade nine.

(l) Providing early preparation for high school entry.

(m) Providing proactive supports to grade nine teachers and support staff.

(n) Implementing high quality instructional strategies and fair grading practices.

(o) Developing learning-centered professional communities and student-centered learning communities.

(p) Establishing a partnership with an organization that has at least five years of experience providing ninth grade on-track programs and services to school districts and charter schools to increase grade nine on-track rates.

2. On request from the department, provide any information necessary to demonstrate compliance with this section.

C. A school district or charter school that receives monies pursuant to this section shall supplement and not supplant programs, opportunities and strategies that help ninth grade students complete sufficient credits to be on track to graduate in four years.

D. For the purposes of this section, a student is deemed on track to graduate in four years if the student does both of the following:

1. Completes at least twenty-five percent of the credits required for the student to graduate from high school by the end of ninth grade.

2. Does not earn more than one letter grade of F, or the equivalent, in ninth grade.

E. The ninth grade on-track grant program fund is established consisting of legislative appropriations, gifts, grants and donations.  The department shall administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  The department shall use monies in the fund to provide grants pursuant to subsection A of this section.
A.R.S. § 15-756.07 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756.07
15-756.07 Office of English language acquisition services; duties; annual report
Status: in_force

15-756.07. Office of English language acquisition services; duties; annual report

The office of English language acquisition services is established in the department of education.  The department of education, office of English language acquisition services, shall:

1. Develop guidelines for monitoring school districts and charter schools to ensure compliance with all federal and state laws regarding English language learners.

2. In consultation with county school superintendents, develop regional programs to enhance all aspects of training for teachers and administrators.

3. Publish English language learner policy guidelines for school districts and charter schools that include a list of relevant rules, regulations and statutes relating to English language learner programs to notify school districts and charter schools of their responsibilities.

4. Provide technical assistance to school districts and charter schools to implement structured English immersion programs.

5. On or before December 1 of each year, provide an annual report on English language learner programs to the state board of education, the auditor general, the governor, the president of the senate and the speaker of the house of representatives and present a summary of the report at a public meeting of the state board.  The office shall provide a copy of the annual report to the secretary of state. The report shall include the information submitted by school districts and charter schools pursuant to section 15-756.10 and the following:

(a) Detailed descriptions of the adopted and approved models of English language learner instruction, the number of public schools implementing each model and the number of students enrolled in each model.

(b) The length of time students are classified as English language learners.

(c) The academic performance on the statewide assessment pursuant to section 15-741 for the two years after English language learners achieve English proficiency.

(d) A summary of information relating to the demonstrated success of public schools at achieving English proficiency for English language learners.
A.R.S. § 15-1770 — Arizona Code / Title 15 / Chapter 13 / Article 10 / Section 1770
15-1770 Required form of contract
Status: in_force

15-1770. Required form of contract

A. An agency contract shall be a record that is signed or otherwise authenticated by the parties.

B. An agency contract shall state or contain the following:

1. The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

2. The name of any person who will be compensated because the student athlete signed the agency contract.

3. A description of any expenses that the student athlete agrees to reimburse the athlete agent.

4. A description of the services to be provided to the student athlete.

5. The duration of the contract.

6. The date of the execution of the contract.

C. An agency contract shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in bold-faced type in capital letters that states the following:

Warning to Student Athlete

If you sign this contract:

1. You may lose your eligibility to compete as a student athlete in your sport.

2. If you have an athletic director, within 72 hours after entering into this contract or before the next athletic event in which you may participate, whichever comes first, both you and your athlete agent must notify your athletic director.

3. You may cancel this contract within 14 days after signing it.  Cancellation of this contract may not reinstate your eligibility.

D. An agency contract that does not conform to this section is voidable by the student athlete.  If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration that was received from the athlete agent and that was given to induce the student athlete to enter into the contract.

E. The athlete agent shall give a copy of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
A.R.S. § 15-1231 — Arizona Code / Title 15 / Chapter 10 / Article 9 / Section 1231
15-1231 Career and technical education projects fund; use of monies; requirements
Status: in_force

15-1231. Career and technical education projects fund; use of monies; requirements

A. The governing board of a school district may establish a permanent career and technical education projects fund in an amount of not more than $100,000.  The fund consists of proceeds from the sale of items produced or services provided by career and technical education programs. Monies in the fund may be used for any of the following purposes:

1. Purchasing materials for use by career and technical education pupils in an instructional program that produces a product or provides a service that may be sold by the school district.

2. Purchasing equipment or services for use by career and technical education pupils in an instructional program that produces a product or provides a service that may be sold by the school district.

3. Paying expenses directly related to planning and designing career and technical education program products or services.

4. Paying expenses related to an approved department of education career and technical student organization, including costs associated with events, conferences or competitions.

B. Monies in the career and technical education projects fund may not be used to pay salaries, wages or employee fringe benefits.

C. All purchases made from the career and technical education projects fund must comply with chapter 2, article 1 of this title, including all provisions relating to procurement practices.

D. The career and technical education projects fund of a school district is a continuing fund, and monies in the career and technical education projects fund are not subject to reversion, except that all monies in the career and technical education projects fund that exceed $100,000 at the end of the fiscal year revert to the school maintenance and operation fund.
A.R.S. § 15-754 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 754
15-754 Legal standing and parental enforcement
Status: in_force

15-754. Legal standing and parental enforcement

(Caution:  1998 Prop. 105 Applies)

As detailed in sections 15-752 and 15-753, all Arizona school children have the right to be provided at their local school with an English language public education. The parent or legal guardian of any Arizona school child shall have legal standing to sue for enforcement of the provisions of this statute, and if successful shall be awarded normal and customary attorney's fees and actual and compensatory damages, but not punitive or consequential damages.  Any school board member or other elected official or administrator who willfully and repeatedly refuses to implement the terms of this statute may be held personally liable for fees and actual and compensatory damages by the child's parents or legal guardian, and cannot be subsequently indemnified for such assessed damages by any public or private third party. Any individual found so liable shall be immediately removed from office, and shall be barred from holding any position of authority anywhere within the Arizona public school system for an additional period of five years.
A.R.S. § 15-1771 — Arizona Code / Title 15 / Chapter 13 / Article 10 / Section 1771
15-1771 Notice to educational institution
Status: in_force

15-1771. Notice to educational institution

A. Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the educational institution at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

B. Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
A.R.S. § 15-1754 — Arizona Code / Title 15 / Chapter 13 / Article 9 / Section 1754
15-1754 Rural health professions program; definition
Status: in_force

15-1754. Rural health professions program; definition

A. The three universities under the jurisdiction of the Arizona board of regents shall select ten nurse practitioner students, fifteen medical students and four pharmacy students each year to participate in a rural health professions program. The three universities shall develop application procedures for students to apply for voluntary participation in the program. The three universities shall attempt to ensure that each individual participating student be able to fulfill the program requirements in a single rural practice setting.

B. The university of Arizona shall choose the fifteen medical students, four pharmacy students and four nurse practitioner students, Arizona state university shall choose four nurse practitioner students, and northern Arizona university shall choose two nurse practitioner students who will participate at the respective universities.

C. Pharmacy students and medical students selected to participate in the program shall be placed in a rural practice or rural location in this state. Each placement shall be for a duration of at least one month and shall occur during the summer months between academic years, as part of the required curriculum during a clinical clerkship and in the final year of training.

D. Nurse practitioner students selected to participate in the program shall be placed in a rural practice or rural location in this state during the summer months between the first and second year of their academic instruction. A participating nurse practitioner student's internship shall also be conducted in a clinical setting located in a rural area of this state.

E. Students who participate in the program shall be teamed with two mentors throughout their period of academic instruction. The mentors shall provide guidance and counseling to students who participate in the program concerning the fulfillment of rural health professions program requirements, the selection of elective curricula and the selection of residency programs or internships. One of the faculty mentors shall be a physician, pharmacist or nurse who works closely with the participating student during the student's rural placement, and one of the mentors shall be a faculty member of the university where the program participant is enrolled. At least one of the mentors shall be available at all times to support the student's interest in rural health care.

F. For purposes of this section, "rural" means either:

1. A county with a population of less than four hundred thousand persons according to the most recent United States decennial census.

2. A census county division with less than fifty thousand persons in a county with a population of four hundred thousand or more persons according to the most recent United States decennial census.
A.R.S. § 15-901.01 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 901.01
15-901.01 Inflation adjustments
Status: in_force

15-901.01. Inflation adjustments

(Caution:  1998 Prop. 105 applies)

If approved by the qualified electors voting at a statewide general election, for fiscal years 2001-2002 through 2005-2006, the legislature shall increase the base level or other components of the revenue control limit by two per cent.  For fiscal year 2006-2007 and each fiscal year thereafter, the legislature shall increase the base level or other components of the revenue control limit by a minimum growth rate of either two per cent or the change in the GDP price deflator, as defined in section 41-563, from the second preceding calendar year to the calendar year immediately preceding the budget year, whichever is less, except that the base level shall never be reduced below the base level established for fiscal year 2001-2002.
A.R.S. § 15-301 — Arizona Code / Title 15 / Chapter 3 / Article 1 / Section 301
15-301 Office of county school superintendent; qualifications; travel expenses
Status: in_force

15-301. Office of county school superintendent; qualifications; travel expenses

A. A person is eligible for election as county school superintendent if the person holds a basic or standard certificate to teach in the schools of this state.

B. In addition to the salary allowed by law, the county school superintendent is eligible for reimbursement of travel expenses.

C. The office of county school superintendent is designated as a local education agency for the purpose of serving as an education service agency that is eligible to receive and spend local, state and federal monies to provide programs and services to school districts, charter schools, county free library districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools within that county.

D. The office of county school superintendent shall be under the jurisdiction of the elected county school superintendent.
A.R.S. § 15-704 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 704
15-704 Reading proficiency; dyslexia screening plan; parental notification; definitions
Status: in_force

15-704. Reading proficiency; dyslexia screening plan; parental notification; definitions

A. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall select and administer screening, ongoing diagnostic and classroom-based instructional reading assessments, including a motivational assessment, to monitor student progress. Each school shall use the diagnostic information to plan evidence-based appropriate and effective instruction and intervention.

B. The department of education shall develop a dyslexia screening plan that meets all of the following requirements:

1. Ensures that within forty-five calendar days after the beginning of each school year or within forty-five calendar days after a student enrollment occurs after the first day of school, every student who is enrolled in a kindergarten program or grade one in a public school in this state is screened for indicators of dyslexia.

2. Provides guidance for notifications sent by public schools to parents of students who are identified as having indicators of dyslexia based on a screening for indicators.

3. Is developed collaboratively with the dyslexia specialist for the department designated pursuant to section 15-211, and other experts on dyslexia, including representatives in this state of an international organization on dyslexia.

4. Ensures that screening for indicators of dyslexia includes the following:

(a) Phonological and phonemic awareness.

(b) Rapid naming skills.

(c) Correspondence between sounds and letters.

(d) Nonsense word fluency.

(e) Sound symbol recognition.

C. The screening for indicators of dyslexia may be integrated with reading proficiency screenings as prescribed in this section.

D. Each school district or charter school that provides instruction for pupils in kindergarten programs and grades one through three shall conduct a curriculum evaluation and adopt an evidence-based reading curriculum that includes the essential components of reading instruction.  All school districts and charter schools that offer instruction in kindergarten programs and grades one through three shall provide ongoing teacher training based on evidence-based reading research. For the purposes of this subsection, "curriculum" includes any curriculum that is used to provide reading instruction to children with disabilities or english language learners.

E. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall devote reasonable amounts of time to explicit evidence-based instruction and independent reading in grades one through three.

F. A pupil in grade three who does not demonstrate proficiency on the reading standards measured by the statewide assessment administered pursuant to section 15-741 shall be provided core reading instruction and intensive, evidence-based reading instruction as defined by the state board of education until the pupil meets these standards.

G. The governing board of each school district and the governing body of each charter school shall determine the percentage of pupils at each school in grade three who do not demonstrate proficiency on the reading standards prescribed by the state board of education and measured by the statewide assessment administered pursuant to section 15-741. If more than twenty percent of students in grade three at either the individual school level or at the school district level do not demonstrate proficiency on the standards, the governing board or governing body shall conduct a review of its reading program that includes curriculum and professional development in light of current, evidence-based reading research.

H. Based on the review required in subsection G of this section, the governing board or governing body and the school principal of each school that does not demonstrate proficiency on the reading standards, in conjunction with school council members, if applicable, shall develop methods of best practices for teaching reading based on essential components of reading instruction and supported by evidence-based reading research. These methods shall be adopted at a public meeting and shall be implemented the following academic year.

I. Subsections G and H of this section shall be coordinated with efforts to develop and implement an improvement plan if required pursuant to section 15-241.02.

J. For the purposes of this section:

1. "Essential components of reading instruction" means explicit and systematic instruction in the following:

(a) Phonological awareness, including phonemic awareness.

(b) Phonics encoding and decoding.

(c) Vocabulary development.

(d) Reading fluency as demonstrated by automatic reading of text.

(e) Reading comprehension of written text.

(f) Written and oral expression, including spelling and handwriting.

2. "Evidence-based reading research" means research that demonstrates either:

(a) A statistically significant effect on improving student outcomes or other relevant outcomes based on either:

(i) Strong evidence from at least one well-designed and well-implemented experimental study.

(ii) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study.

(iii) Promising evidence from at least one well-designed and well-implemented correlational study with statistical controls for selection bias.

(b) A rationale based on high-quality research findings or positive evaluation that an activity, strategy or intervention is likely to improve student outcomes or other relevant outcomes and that includes ongoing efforts to examine the effects of these activities, strategies or interventions.

3. "Reading" means a complex system of deriving meaning from written text that requires all of the following:

(a) The skills and knowledge to understand how phonemes or speech sounds are connected to written text.

(b) The ability to decode unfamiliar words.

(c) The ability to read fluently.

(d) Sufficient background information and vocabulary to foster reading comprehension.

(e) The development of appropriate active strategies to construct meaning from written text.

(f) The development and maintenance of a motivation to read.
A.R.S. § 15-979 — Arizona Code / Title 15 / Chapter 9 / Article 5 / Section 979
15-979 Instructional improvement fund
Status: in_force

15-979. Instructional improvement fund

(Caution:  1998 Prop. 105 applies.)

A. The instructional improvement fund is established consisting of monies deposited pursuant to sections 5-601.02(H)(3)(a)(i) and 5-601.02(H)(3)(b)(i), and interest earned on those monies. The department of education shall administer the fund.  The fund is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary.

B. Monies received pursuant to section 5-601.02 shall be deposited directly with the instructional improvement fund.  On notice from the department of education, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. No monies in the instructional improvement fund shall revert to or be deposited in any other fund, including the state general fund.  Monies in the instructional improvement fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. Monies provided from the instructional improvement fund shall supplement, not supplant, existing state and local monies.

C. The department of education shall pay the monies in the fund to school districts and charter schools.  The department of education shall determine the amount of monies from the fund to be paid to each school district and charter school as follows:

1. Determine the student count for each school district and charter school as provided in section 15-943.

2. Determine the student count for all school districts and charter schools as provided in section 15-943.

3. Divide the amount determined in paragraph 1 of this subsection by the total amount determined in paragraph 2 of this subsection.

4. Multiply the quotient determined in paragraph 3 of this subsection by the total amount of instructional improvement fund monies available to be distributed to school districts and charter schools under this section.

D. Each school district and charter school may utilize up to fifty percent of the amount of monies determined pursuant to subsection C for teacher compensation increases and class size reduction as provided in section 15-977.

E. Monies that are not utilized as provided in subsection D shall be utilized for the following maintenance and operation purposes:

1. Dropout prevention programs.

2. Instructional improvement programs including programs to develop minimum reading skills for students by the end of third grade.

F. School districts and charter schools that receive monies from the instructional improvement fund shall submit a report by November 15 of each year to the department of education that provides an accounting of the expenditure of monies distributed from the fund during the previous fiscal year.  The department of education in conjunction with the auditor general shall prescribe the format of the report under this subsection.
A.R.S. § 15-249.03 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.03
15-249.03 Best practice examples of reading intervention and remedial reading strategies; posting
Status: in_force

15-249.03. Best practice examples of reading intervention and remedial reading strategies; posting

The department of education shall prominently post on the website maintained by the department best practice examples of evidence-based reading intervention and remedial reading strategies used in school districts and charter schools in this state.  The examples shall be selected from those school districts and charter schools that demonstrate improvement on third grade reading proficiency as measured by the statewide assessment administered pursuant to section 15-741. The school districts and charter schools selected shall represent school districts and charter schools in demographic composition, including rural and urban, size and student characteristics.
A.R.S. § 15-1743 — Arizona Code / Title 15 / Chapter 13 / Article 8 / Section 1743
15-1743 Authorizing agreements for education of Arizona students outside compact area; limitations
Status: in_force

15-1743. Authorizing agreements for education of Arizona students outside compact area; limitations

A. The western interstate commission for higher education is authorized to act on behalf of this state in making arrangements for the placement of students in institutions and programs of higher learning outside the states which are parties to the compact for establishing the commission. For that purpose, the commission may negotiate and enter into arrangements and contracts with the Arizona board of regents, with public and private educational institutions and agencies and with other states. These arrangements and contracts may provide for the obtaining of one or more places for students on either a special or continuing basis; the payment of partial or full tuition and other charges not to exceed the cost of agreements within the compact area; and the furnishing of reciprocal, compensating or other advantages and benefits in support of the educational program involved.

B. The authority conferred by subsection A shall be exercised only pursuant to written agreement between the commission and the Arizona board of regents. Any such agreements shall include provisions for the payment of tuition and any other costs, and no such agreement shall be made which commits this state or any agency or officer of it to any obligation for which funds have not been appropriated or otherwise made available in accordance with law.

C. Nothing in this section alters any of the obligations or restricts or impairs any rights which this state may have under the compact establishing the commission.