A.R.S. § 15-1326 — Arizona Code / Title 15 / Chapter 11 / Article 2 / Section 1326
15-1326 Employment and discharge of personnel; probationary status; report; hearing; policies
Status: in_force

15-1326. Employment and discharge of personnel; probationary status; report; hearing; policies

A. The superintendent, acting on behalf of the board of directors, shall employ all personnel needed for the operation of the schools. The superintendent, with the approval of and acting on behalf of the board, may issue individual contracts for teaching positions. The board shall review all personnel appointments on a periodic basis and may require employment justification by the superintendent as it deems necessary.

B. Except as provided in section 15-1325, the superintendent shall place each new employee in a probationary employment status. The board shall determine the term and conditions of probationary employment status. The superintendent may discharge any probationary employee who is unsuited or not qualified for employment at the schools.  On satisfactory completion of probationary employment, employees shall be granted permanent employment status.

C. The superintendent may discharge, only for cause, any permanent employee at the schools.  The superintendent shall file with the board a written report of the action and the reasons for the discharge. Permanent employees who are discharged from employment at the schools are entitled to due process protections in the manner provided by the board, including a hearing before the board of directors. The due process procedures will be developed in consultation with the employees.

D. The board shall prescribe policies for employees, including employee conduct and discipline.
A.R.S. § 15-237.01 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 237.01
15-237.01 Department of education professional development revolving fund; exemption
Status: in_force

15-237.01. Department of education professional development revolving fund; exemption

A. The department of education may make available to educators at a reasonable cost professional development content through the department.  Monies obtained from tuition for professional development shall be deposited in the department's professional development revolving fund to be used to offset the cost of providing professional development content.

B. The department of education professional development revolving fund is established as a separate account on the books of the department for use for expenses incurred for producing and delivering professional development courses and content.

C. Monies in the department of education professional development revolving fund are subject to legislative appropriation and are exempt from the provisions of section 35-190, relating to the lapsing of appropriations.
A.R.S. § 15-1635 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1635
15-1635 University research development purposes; product development; corporations
Status: in_force

15-1635. University research development purposes; product development; corporations

A. In order to stimulate the flow of capital into the development of specific products which have advanced beyond the theoretical stage and are capable of being reduced to practice on a commercial scale, the board may by resolution organize one or more corporations under the provisions of title 10. At least one-half of any voting shares of each such corporation shall be held by the board, or a majority of the directors, trustees or members of the corporation shall be designated or appointed by the board. No member or employee of the board may receive any direct or indirect compensation, other than reimbursement for actual expenses incurred in the performance of his duties, by reason of serving as a member, director or trustee of a corporation organized under this section.

B. No such corporation may be organized unless the board finds in its organizational resolution that its formation will stimulate and encourage the development of new products within this state in situations in which financial aid would not otherwise be reasonably available from conventional lending sources. In addition to the powers each corporation may have, each corporation may:

1. Enter into product development agreements with persons doing business in this state, on such terms and conditions as are consistent with the research development purposes of the board, to advance financial aid to such persons for the development of specific products, procedures and techniques to be developed and produced in this state and to condition such agreements on contractual assurances that the benefits of increasing or maintaining employment and tax revenues shall remain in this state and accrue to it.

2. Acquire, lease, purchase, manage, hold and dispose of real and personal property in this state and lease, convey or deal in or enter into contracts with respect to such property on any terms necessary or incidental to carrying out these research and development purposes.

3. Hold patents, copyrights, trademarks or any other evidences of protection or exclusivity as to any products issued under the laws of the United States or any state or nation.

C. Before organizing such a corporation, the board shall develop a procedure for applications for financial aid to be forwarded, together with an application fee prescribed by the board, to the board. The board shall investigate and prepare a report concerning the advisability of approving the proposed financial aid for such person and concerning any other factors deemed relevant. The investigation and report shall include such facts about the person under consideration as his history, wage standards, job opportunities, stability of employment, past and present financial condition and structure, pro forma income statements, present and future markets and prospects and integrity of management as well as the feasibility of the proposed project to be granted financial aid, including the state of development of the product as well as the likelihood of its commercial feasibility. After receipt and consideration of the report and after other action as is deemed appropriate, the board shall approve or deny the application. The board shall promptly notify the applicant of such action. Approval shall be conditioned on payment to the board, within such reasonable time after notification of approval as the board may specify, of a commitment fee prescribed by the board.

D. The board may receive and accept aid or contributions of monies from any source, including gifts or grants from private sources or from any department or agency of the United States or this state, for the purposes of carrying out the provisions of this section.

E. The board may also enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through university research.
A.R.S. § 15-109 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 109
15-109 Biometric information; prohibition; definition
Status: in_force

15-109. Biometric information; prohibition; definition

A. A school in a school district or a charter school shall not collect biometric information from a pupil unless the pupil's parent or guardian gives written permission to collect biometric information from the pupil.

B. At least thirty days before a school in a school district or charter school will collect biometric information, the school shall provide written notice to the parents and guardians of pupils of the intent to collect biometric information.  The notice shall include a statement in eighteen point bold-faced capital letters that the parent or guardian must give written permission to collect biometric information from the pupil before the school may collect biometric information.

C. For the purposes of this section, "collect biometric information" means the noninvasive electronic measurement and evaluation of any physical characteristics that are attributable to a single person, including fingerprint characteristics, eye characteristics, hand characteristics, vocal characteristics, facial characteristics and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty.
A.R.S. § 15-1874 — Arizona Code / Title 15 / Chapter 14 / Article 7 / Section 1874
15-1874 Use of contractor as account depository and manager
Status: in_force

15-1874. Use of contractor as account depository and manager

A. The treasurer shall implement the operation of the plan through the use of one or more financial institutions to act as the depositories of the fund and managers of the plan. Under the plan, persons may submit applications for enrollment in the plan and establish accounts in the fund at the financial institution.  Monies paid by account owners to the fund for deposit in accounts maintained by the fund at a financial institution shall be paid to the financial institution as an agent of the fund, and the tuition savings agreements shall provide that all monies paid by account owners to fund accounts held at financial institutions are being paid to the fund.

B. The treasurer shall solicit proposals from financial institutions to act as the depositories of fund monies and managers of the plan. Financial institutions that submit proposals must describe the financial instruments that will be held in accounts.  The solicitation and selection process is exempt from the procurement code requirements of title 41, chapter 23.

C. On the recommendation of the treasurer, the board shall select the financial institution or institutions to implement the plan from among bidding financial institutions that demonstrate the most advantageous combination, both to potential plan participants and this state, of the following factors:

1. Financial stability and integrity.

2. The safety of the investment instruments being offered, taking into account any insurance provided with respect to these instruments.

3. The ability of the investment instruments to track estimated costs of higher education as calculated by the treasurer and provided by the financial institution to the account holder.

4. The ability of the financial institutions, directly or through a subcontract, to satisfy recordkeeping and reporting requirements.

5. The financial institution's plan for promoting the plan and the investment it is willing to make to promote the plan.

6. The fees, if any, proposed to be charged to persons for maintaining accounts.

7. The minimum initial deposit and minimum contributions that the financial institution will require for the investment of fund monies and the willingness of the financial institution to accept contributions through payroll deduction plans and other deposit plans.

8. Any other benefits to this state or its residents included in the proposal, including an account opening fee payable to the treasurer by the account owner and an additional fee from the financial institution for statewide plan marketing by the treasurer.

D. On approval by the board, the treasurer shall enter into a contract with a financial institution or, except as provided in subsection E of this section, contracts with financial institutions to serve as plan managers and depositories. Plan management contracts shall provide the terms and conditions by which financial institutions shall sell interests in the fund to account owners, invest monies in the fund and manage the plan.

E. The board may select more than one financial institution and investment for the plan if both of the following conditions exist:

1. The United States internal revenue service has provided guidance that giving a contributor a choice of two investment instruments under a state plan will not cause the plan to fail to qualify for favorable tax treatment under section 529 of the internal revenue code.

2. The treasurer concludes that the choice of instrument vehicles is in the best interest of college savers and will not interfere with the promotion of the plan.

F. A plan manager shall:

1. Take all action required to keep the plan in compliance with the requirements of this article and all action not contrary to this article or its contract to manage the plan so that it is treated as a qualified tuition plan under section 529 of the internal revenue code.

2. Keep adequate records of each of the fund's accounts, keep each account segregated from each other account and provide the treasurer with the information necessary to prepare statements required by section 15-1875, subsections M, N and O or file these statements on behalf of the treasurer.

3. Compile and total information contained in statements required to be prepared under section 15-1875, subsections M, N and O and provide these compilations to the treasurer.

4. If there is more than one plan manager, provide the treasurer with this information to assist the treasurer to determine compliance with section 15-1875, subsection L.

5. Provide representatives of the treasurer, including other contractors or other state agencies, access to the books and records of the plan manager to the extent needed to determine compliance with the contract.

6. Hold all accounts in the name of and for the benefit of the fund and this state.

G. Any contract executed between the treasurer and a financial institution pursuant to this section shall be for a term of at least three years and not more than seven years.

H. The board may terminate a contract with a financial institution at any time for good cause on the recommendation of the treasurer. If a contract is terminated pursuant to this subsection, the treasurer shall take custody of accounts held at that financial institution and shall seek to promptly transfer the accounts to another financial institution that is selected as a plan manager and into investment instruments as similar to the original investments as possible.

I. If the treasurer determines not to renew the appointment of a financial institution as a plan manager, the board may take action consistent with the interests of the plan and the accounts and in accordance with its duties as the trustee of the fund, including termination of all services or continuation of certain management and administrative services of that financial institution for accounts of the plan managed by that financial institution during its term as a plan manager, if any continuation of services is only permitted under the following conditions:

1. The treasurer and the financial institution enter into a written agreement specifying the rights of the plan and the treasurer and the responsibilities of the financial institution, including the standards that continue to be applicable to the accounts as accounts of the plan.

2. Any services provided by the financial institution to accounts continue to be subject to the control of the board as the trustee of the fund with responsibility of all accounts of the plan.
A.R.S. § 15-1182 — Arizona Code / Title 15 / Chapter 10 / Article 6 / Section 1182
15-1182 Special education fund; administration
Status: in_force

15-1182. Special education fund; administration

A. There is established a special education fund, which shall consist of legislative appropriations made to the fund for purposes of this section and section 15-1202.

B. The fund shall be administered by the superintendent of public instruction for the purposes provided in this article and article 7 of this chapter.

C. Each fiscal year the state board of education shall include in its budget request for assistance to schools a separate line item for the fund.

D. The fund shall provide monies for the education of a child who has been placed in a residential facility by a state placing agency or who requires a residential special education placement as defined in section 15-761.

E. If a child has been placed in a residential facility by a state placing agency, the fund shall provide monies for the following types of vouchers:

1. Initial residential education vouchers to fund the educational costs for any child, whether or not eligible for special education. This paragraph applies to a child who has been placed in a residential facility and who has either not received a comprehensive education evaluation as provided in section 15-766, who has previously received such an evaluation and was determined to be ineligible for special education services or who is eligible for special education and for whom necessary procedures for changing the child's educational placement must be completed. This voucher expires on the expiration of sixty calendar days or completion of the educational evaluation or review of special education placement, whichever occurs first.

2. Continuing residential education vouchers that fund the educational costs for any child, whether or not eligible for special education, who requires placement in a residential facility after the expiration of the initial education voucher and who is not eligible for a residential special education voucher.

F. When a school district makes a residential special education placement, the fund shall provide monies to fund the residential special education placement.

G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Any monies left unexpended may be distributed to school districts by the department of education for the following purposes:

1. To provide educational counseling, training and support services to a child with a disability in order to maintain the child's educational placement in the least restrictive environment.

2. To provide educational transition assistance to children who return to their home after placement in a residential facility.

3. To train personnel for and develop and implement model programs for use by school districts to serve children with emotional disabilities.

H. The total amount of state monies that may be spent in any fiscal year by the superintendent of public instruction for the purposes of this article shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This article shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 15-1901 — Arizona Code / Title 15 / Chapter 15 / Article 1 / Section 1901
15-1901 Authority of governor to enter compact; terms of compact for education
Status: in_force

15-1901. Authority of governor to enter compact; terms of compact for education

The governor is authorized in the name of this state to join with other states legally joining in the compact for education, which compact shall be in the following form:

COMPACT FOR EDUCATION

ARTICLE I-PURPOSE AND POLICY

Section A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational systems so that they will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

Section B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.

Section C. The party states recognize that each has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

ARTICLE II-STATE DEFINED

As used in this compact, "state" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

ARTICLE III-THE COMMISSION

Section A. The education commission of the states, hereinafter called "the commission", is hereby established. The commission shall consist of seven members representing each party state. Four shall be members of the state legislature, two selected by the president of the senate and two selected by the speaker of the house of representatives and serving in such manner as the legislature may determine and three shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing the state shall, by virtue of their training, experience, knowledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education and lay and professional public and nonpublic educational leadership. Of the gubernatorial appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be, not to exceed ten, nonvoting commissioners selected by the steering committee for terms of one year.  The nonvoting commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

Section B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article IV and adoption of the annual report pursuant to section J of this article.

Section C. The commission shall have a seal.

Section D. The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission and, together with the treasurer and such other personnel as the commission may deem appropriate, shall be bonded in such amount as the commission shall determine. The executive director shall be the secretary.

Section E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

Section F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States or any subdivision or agency of such governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

Section G. The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any other governmental agency or from any person, firm, association, foundation or corporation and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this section or services borrowed pursuant to section F of this article shall be reported in the annual report of the commission. The report shall include the nature, amount and conditions of the donation, grant or services borrowed and the identity of the donor or lender.

Section H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.

Section I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind such bylaws. The commission shall publish its bylaws in convenient form and shall file a copy of the bylaws and a copy of any amendment to the bylaws with the appropriate agency or officer in each of the party states.

Section J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

ARTICLE IV-POWERS

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public educational systems.

3. Develop proposals for adequate financing of education as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment of public education, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

ARTICLE V-COOPERATION WITH FEDERAL GOVERNMENT

Section A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

Section B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states and may advise with any such agencies or officers concerning any matter of mutual interest.

ARTICLE VI-COMMITTEES

Section A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice-chairman and treasurer of the commission shall be members of the steering committee and, anything in this section to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee, provided that service for a partial term of one year or less shall not be counted toward the two term limitation.

Section B. The commission may establish advisory and technical committees composed of state, local and federal officials and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

Section C. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VII-FINANCE

Section A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commissioner's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

Section B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making the apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

Section C. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to article III, section G of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to article III, section G, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

Section D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

Section E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

Section F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII-ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL

Section A. This compact shall have as eligible parties all states, territories and possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction.

Section B. Any state or other eligible jurisdiction may enter into this compact, and it shall become binding when it has adopted the compact.

Section C. Any party state may withdraw from this compact by enacting a statute repealing the compact. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX-CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or if the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.
A.R.S. § 15-710.01 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 710.01
15-710.01 Sandra Day O'Connor civics celebration day; civics instruction requirement
Status: in_force

15-710.01. Sandra Day O'Connor civics celebration day; civics instruction requirement

On Sandra Day O'Connor civics celebration day, each public school in this state shall dedicate the majority of the school day to civics education.
A.R.S. § 15-1371 — Arizona Code / Title 15 / Chapter 11.1 / Article 1 / Section 1371
15-1371 Equalization assistance for state educational system for committed youth; state education fund for committed youth
Status: in_force

15-1371. Equalization assistance for state educational system for committed youth; state education fund for committed youth

A. The superintendent of the state educational system for committed youth shall calculate a base support level as prescribed in section 15-943 and district additional assistance as prescribed in section 15-961 for the educational system established pursuant to section 41-2831, except that:

1. Notwithstanding section 15-901:

(a) The student count shall be determined using the following definitions:

(i) "Daily attendance" means days in which a pupil attends an educational program for a minimum of two hundred forty minutes, not including meal and recess periods. Attendance for one hundred twenty or more minutes but fewer than two hundred forty minutes shall be counted as one-half day's attendance.

(ii) "Fractional student" means a pupil who is enrolled in an educational program of one hundred twenty or more minutes but fewer than two hundred forty minutes a day, not including meal and recess periods. A fractional student shall be counted as one-half of a full-time student.

(iii) "Full-time student" means a pupil who is enrolled in an educational program for a minimum of two hundred forty minutes a day, not including meal and recess periods.

(b) "Pupils with serious emotional disabilities enrolled in a school district program as provided in section 15-765" includes pupils with serious emotional disabilities enrolled in the department of juvenile corrections school system.

2. All pupils shall be counted as if they were enrolled in grades nine through twelve.

3. The teacher experience index is 1.00.

4. The base support level shall be calculated using the base level multiplied by 1.0.

5. Section 15-943, paragraph 1 does not apply.

B. The superintendent may use section 15-855 in making the calculations prescribed in subsection A of this section. The superintendent of the system and the department of education shall prescribe procedures for determining average daily membership.

C. Equalization assistance for the state educational system for committed youth for the budget year is determined by adding the amount of the base support level and district additional assistance for the budget year calculated as prescribed in subsection A of this section.

D. The state educational system for committed youth shall not receive twenty-five percent of the equalization assistance unless it is accredited by the north central association of colleges and secondary schools.

E. The state education fund for committed youth is established.  Fund monies shall be used for the purposes of the state educational system for committed youth, and notwithstanding section 35-173, monies appropriated to the fund shall not be transferred to or used for any program that is not within the state educational system for committed youth. State equalization assistance for the state educational system for committed youth as determined in subsection A of this section, other state and federal monies received from the department of education for the state educational system for committed youth and monies appropriated for the state educational system for committed youth, except monies appropriated pursuant to subsection F of this section, shall be deposited in the fund.  The state treasurer shall maintain separate accounts for fund monies if the separate accounts are required by statute or federal law.

F. The department of juvenile corrections may seek appropriations for capital needs for land, buildings and improvements, including repairs and maintenance, that are required to maintain the state educational system for committed youth.

G. The state board of education shall apportion state aid and deposit it, pursuant to sections 35-146 and 35-147, in the state education fund for committed youth in an amount as determined by subsection A of this section.  The apportionments shall be as follows:

1. On July 1, one-third of the total amount to be apportioned during the fiscal year.

2. On October 15, one-twelfth of the total amount to be apportioned during the fiscal year.

3. On December 15, one-twelfth of the total amount to be apportioned during the fiscal year.

4. On January 15, one-twelfth of the total amount to be apportioned during the fiscal year.

5. On February 15, one-twelfth of the total amount to be apportioned during the fiscal year.

6. On March 15, one-twelfth of the total amount to be apportioned during the fiscal year.

7. On April 15, one-twelfth of the total amount to be apportioned during the fiscal year.

8. On May 15, one-twelfth of the total amount to be apportioned during the fiscal year.

9. On June 15, one-twelfth of the total amount to be apportioned during the fiscal year.

H. In conjunction with the department of administration, the superintendent of the state educational system for committed youth shall establish procedures to account for the receipt and expenditure of state education fund for committed youth monies by modifying the current accounting system used for state agencies as necessary.
A.R.S. § 15-779.03 — Arizona Code / Title 15 / Chapter 7 / Article 4.1 / Section 779.03
15-779.03 Additional assistance for gifted programs
Status: in_force

15-779.03. Additional assistance for gifted programs

A. School districts that comply with section 15-779.01 and that submit evidence that all district teachers who have primary responsibility for teaching gifted pupils have obtained or are working toward obtaining the appropriate certification endorsement as required by the state board of education may apply to the department of education for additional funding for gifted programs equal to seventy-five dollars per pupil for four per cent of the district's student count, or two thousand dollars, whichever is more. As an alternate to the individual district application process, a governing board may request that a county school superintendent apply on its behalf as part of an educational consortium.  The consortium may include school districts in more than one county.  If additional monies are available after funding all eligible school districts or educational consortia, the additional monies shall be used to increase the per pupil amount for each district or educational consortium funded.  If sufficient monies are not available to meet all requests, the state board of education shall determine the allocation of monies based on the comprehensiveness across grade levels, appropriateness to the population being served, utility and demonstrated effectiveness of the scope and sequence and the likelihood of the school district's or educational consortium's proposed program successfully meeting the needs of the gifted pupils.  A school district shall include the monies it receives for gifted programs and services under this section in the special projects section of the budget.

B. School districts shall conduct evaluation studies of their programs for the gifted and submit information to the department of education regarding the results of their studies. The department shall develop evaluation guidelines, reporting forms, procedures and timelines.

C. Monies distributed pursuant to this section shall supplement and not supplant monies from other sources.
A.R.S. § 15-387 — Arizona Code / Title 15 / Chapter 3 / Article 5 / Section 387
15-387 Procurement of insurance; eligibility of governing board members, former board members and surviving spouse and dependents; deposit of monies
Status: in_force

15-387. Procurement of insurance; eligibility of governing board members, former board members and surviving spouse and dependents; deposit of monies

A. Notwithstanding section 15-323, the governing board may procure insurance from any insurer authorized by the director of the department of insurance and financial institutions or may establish a self-insurance program as provided in section 15-382 for the management and administration of a system for direct payment of benefits, losses or claims or any combination of insurance and direct payments, including risk management consultation, to provide:

1. Health, accident, life or disability benefits for employees of the school district and their dependents and for members of the governing board and their dependents as provided in subsection B of this section.

2. Payment of any property or fidelity loss sustained, legal expenses incurred or lawful claim of liability or fortuitous loss made against the school district or its employees, including leased employees, or officers if the employees, leased employees or officers are acting in the scope of their employment or authority.

3. Coverage for all construction projects for purposes of general liability, property damage and workers' compensation.

B. A governing board member is eligible to participate in an insurance plan provided as an employee benefit pursuant to subsection A, paragraph 1 of this section if the member pays the full premium and the participation of the member does not result in an expenditure of school district monies.

C. If the governing board allows its members to participate in the insurance plan, a governing board may also adopt a policy allowing participation in an insurance plan provided as an employee benefit pursuant to subsection A, paragraph 1 of this section for former board members and for surviving spouses and dependents of board members or former board members as follows:

1. The board may allow a former board member to continue to participate if the former board member served at least four consecutive years on the board, was covered under the insurance plan while serving on the board and pays the full premium and the participation does not result in an expenditure of school district monies.

2. The board may allow the surviving spouse and dependent of the board member or former board member to continue to participate in the insurance plan if the surviving spouse or dependent pays the full premium and the participation of the surviving spouse and dependent does not result in an expenditure of school district monies and if one of the following applies:

(a) The deceased board member or former board member met the qualifications for eligibility pursuant to paragraph 1 of this subsection.

(b) The deceased board member or former board member would have met the qualifications for eligibility pursuant to paragraph 1 of this subsection if the deceased board member or former board member had not died in office.

D. Monies that are provided by employees, board members, former board members and surviving spouses and dependents of board members or former board members and that are received pursuant to this section shall be deposited in an account as provided in section 15-1223.
A.R.S. § 15-1863 — Arizona Code / Title 15 / Chapter 14 / Article 6 / Section 1863
15-1863 Student organizations; recognition; rights
Status: in_force

15-1863. Student organizations; recognition; rights

A. A university or community college that grants recognition to any student organization or group may not discriminate against or deny recognition, equal access or a fair opportunity to any student organization or group on the basis of the religious, political, philosophical or other content of the organization's or group's speech including worship.

B. A religious or political student organization may determine that ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct such activities.

C. A university or community college may not deny recognition or any privilege or benefit to a student organization or group that exercises its rights pursuant to subsection B.
A.R.S. § 15-395 — Arizona Code / Title 15 / Chapter 3 / Article 6 / Section 395
15-395 Enlarging career technical education districts
Status: in_force

15-395. Enlarging career technical education districts

A. To add school districts to a career technical education district, the career technical education board shall first publish a copy of a proposed resolution accepting the school district into the career technical education district in a newspaper of general circulation in the school district proposing to join the career technical education district once a week for at least two weeks immediately before the date of the consideration of the adoption of the proposed resolution by the career technical education board.

B. After adoption by the career technical education board of the resolution accepting the school district into the career technical education district, the question shall be submitted to the qualified electors of the school district seeking to become a part of the career technical education district at an election held on the first Tuesday after the first Monday in November. The question that is submitted to the qualified electors shall describe the tax rate that is associated with joining the career technical education district and the estimated cost of that tax rate for the owner of a single family home that is valued at one hundred thousand dollars. Authorization is required through an intergovernmental agreement or other written contract between the career technical education district and the school district seeking to become part of the career technical education district in order to enlarge the career technical education district.
A.R.S. § 15-1650.02 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1650.02
15-1650.02 Energy and water savings accounts
Status: in_force

15-1650.02. Energy and water savings accounts

The Arizona board of regents may establish an energy and water savings account in the same manner as a school district pursuant to section 15-910.02 and may fund and use monies for guaranteed energy savings contracts pursuant to section 34-105.
A.R.S. § 15-1663 — Arizona Code / Title 15 / Chapter 13 / Article 4 / Section 1663
15-1663 Expenditure of land funds; eminent scholars matching grant fund
Status: in_force

15-1663. Expenditure of land funds; eminent scholars matching grant fund

A. Except as provided in subsection B of this section, the Arizona board of regents may expend, as it deems expedient and as is not inconsistent with the provisions of any appropriation, the income of the land funds established pursuant to the enabling act in accordance with the purposes specified in the enabling act for each land fund specified in section 15-1662.

B. Beginning with the 1998-1999 fiscal year, the universities land fund shall be known as the eminent scholars matching grant fund and shall consist of the annual income from the universities land fund. The eminent scholars matching grant fund shall be used to provide to the universities matching monies for the interest earned on nonpublic endowment monies donated to attract and retain eminent faculty. Appropriations to the Arizona board of regents for the eminent scholars matching grant fund shall commence in the 1998-1999 fiscal year. The eminent scholars matching grant fund shall be allocated as follows:

1. Monies in the eminent scholars matching grant fund shall be used to supplement and not supplant any other sources of monies for the universities. Monies shall be allocated to each university on a dollar-for-dollar match basis. The amount allocated shall be equal to the amount of interest earned in the previous calendar year by each university on the nonpublic endowment monies donated from and after December 31, 1997 which are designated by the universities as being solely for the purpose of attracting and retaining eminent faculty.

2. If the monies appropriated by the legislature for the eminent scholars matching grant fund are greater than the amount of interest earned on the nonpublic endowment monies designated by the universities for expenditure as provided in this subsection, the board may allocate the excess monies as provided in subsection A of this section.

3. If the monies appropriated by the legislature for the eminent scholars matching grant fund are less than the amount of interest earned on the nonpublic endowment monies designated by the universities for expenditure as provided in this subsection, the board shall allocate the monies to each university in a manner deemed appropriate.
A.R.S. § 15-901.08 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 901.08
15-901.08 School year; school month; instructional time models; requirements; funding; definition
Status: in_force

15-901.08. School year; school month; instructional time models; requirements; funding; definition

A. Except as may be otherwise authorized by the superintendent of public instruction to accommodate a year-round school operation or as otherwise prescribed under an instructional time model adopted pursuant to this section, the school year begins July 1 and ends June 30, and a school month is twenty school days or four weeks of five days each.

B. Notwithstanding any other law, for the purposes of meeting the instructional time and instructional hours requirements prescribed in sections 15-797, 15-808 and 15-901, a school district governing board, after at least two public hearings in the school district, or a charter school governing body for one or more schools may adopt any instructional time models as prescribed in this section to meet the minimum annual instructional time and instructional hours requirements prescribed in sections 15-797, 15-808 and 15-901 for all of the following purposes:

1. Determining average daily membership.

2. Determining daily attendance.

3. Determining student count.

4. Any other purpose relating to instructional time or instructional hours prescribed in section 15-797, 15-808 or 15-901.

C. Notwithstanding any other law, all of the following apply to an instructional time model adopted by a school district governing board or charter school governing body for one or more schools pursuant to this section:

1. Students shall receive the minimum instructional time or instructional hours required under section 15-797, 15-808 or 15-901, as applicable, for the full school year in any day, week and course length increments adopted by the school district governing board or charter school governing body.

2. A school may deliver the annual required instructional time or instructional hours to students through any combination of the following:

(a) Direct instruction.

(b) Project-based learning.

(c) Independent learning.

(d) Mastery-based learning, which may be delivered in a blended classroom serving multiple grade levels or providing blended grade level content.

3. A school may define instructional time and instructional hours to include any combination of the following:

(a) In-person instruction.

(b) Remote instruction, subject to all of the following:

(i) During school year 2021-2022, a school may provide up to fifty percent of its total instructional time in a remote setting without any impact to the school's funding.  Beginning in school year 2022-2023 and each school year thereafter, a school may provide up to forty percent of its total instructional time in a remote setting without any impact to the school's funding.

(ii) If a school provides instructional time in a remote setting beyond the threshold prescribed in item (i) of this subdivision in any school year, the department of education shall calculate funding as prescribed in subsection D of this section.

(iii) The department of education shall annually provide a list of schools that provide more than the allowed instructional time in a remote setting to the state board of education.  The state board of education shall determine whether the school must apply to become an online school under section 15-808.

(iv) The department of education shall annually provide a list of charter schools that provide more than the allowed instructional time in a remote setting to the state board for charter schools. The state board for charter schools shall determine whether the charter school must apply to become an online school under section 15-808.

4. A school may reallocate any minimum instructional time or instructional hours per course required under section 15-797, 15-808 or 15-901 or any other statute to other courses on a per-student basis so that students are able to spend more of their required instructional time or instructional hours on courses of greater depth or courses that require additional learning time to catch up to grade level or to stay on pace.

5. A school may stagger learning times and schedules for students and may offer courses and other instructional time options on the weekend or in the evenings so that all students are not expected to attend or complete their school day or instructional time at the same time.

6. A school shall align its attendance policies to reflect the instructional time and instructional hours policies prescribed under the adopted instructional time model.

D. If a school provides remote instructional time beyond the threshold prescribed in subsection C, paragraph 3, subdivision (b), item (i) of this section in any school year, the department of education shall calculate funding as follows:

1. Calculate the total percentage of instructional time provided by the school in a remote setting.

2. Subtract the allowable threshold prescribed in subsection C, paragraph 3, subdivision (b), item (i) of this section from the amount calculated pursuant to paragraph 1 of this subsection.

3. Fund the percentage of the base support level equal to the percentage calculated in paragraph 2 of this subsection at ninety-five percent of the base support level that would otherwise be calculated for the school.

E. For the purposes of this section, "mastery-based learning" means a system in which students advance to higher levels of learning when they demonstrate mastery of concepts and skills regardless of time, place or pace.
A.R.S. § 15-722 — Arizona Code / Title 15 / Chapter 7 / Article 2 / Section 722
15-722 High schools; course of study; textbooks; approval; library books and materials; definition
Status: in_force

15-722. High schools; course of study; textbooks; approval; library books and materials; definition

A. The governing board shall approve for high schools the course of study and all units that are recommended for credit under each general subject title before implementing the course.

B. The governing board shall approve for high schools the basic textbook for each course and may purchase the textbooks from the publishers if approved by the governing board. Before approving any basic textbook for high schools, the governing board shall do all of the following:

1. Provide information on the school district's website, if the school district maintains a website, on the basic textbooks that are proposed for approval.

2. Require that all meetings of committees authorized for the purposes of textbook review and selection be open to the public pursuant to title 38, chapter 3, article 3.1.

3. Provide an opportunity for public comment for at least sixty days. Public comment may include written comments, oral comments and comments submitted through email.

4. Make available at the school district office for review by the public, for a period of at least sixty days before approving the textbooks, a copy of each textbook that is being considered for approval.

5. Make available on the school district's website for review by the public a list of all books and materials purchased after January 1, 2023 for any of the district's school libraries for a period of at least sixty days after the purchase. Each school operated by the school district shall make available on the school's website for review by the public a list of all books and materials purchased after January 1, 2023 for the school library for a period of at least sixty days after the purchase. This paragraph does not apply to the purchase of a book or material that is intended to replace a lost or damaged book or material.

6. Ensure that each high school that is operated by the school district notifies the parents of each pupil enrolled in the school of the opening and closing dates of the public review required under paragraph 5 of this subsection within seven school days before the opening date.

C. The following are exempt from the requirements of subsection B, paragraphs 5 and 6 of this section:

1. Schools without a full-time library media specialist or an equivalent position.

2. School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D.

D. If any course does not include a basic textbook, the governing board shall approve all supplemental books that are used in the course before usage.

E. If any course includes a basic textbook and uses supplemental books or instructional computer software, the governing board may approve all supplemental books and instructional computer software that are used in the course before usage.

F. If the course includes a basic textbook and uses supplemental books that have not been approved by the governing board at the time of approval of the course, a teacher may use the supplemental books at any time during the school year. Use of the supplemental books shall be brought to the attention of the governing board during the school year in which they are added for ratification.

G. The governing board shall prescribe up to five textbooks for each course, and the teacher, with the consent of the governing board, may use any one of the prescribed textbooks for the purposes of the teacher's course.

H. For the purposes of this section, "textbook" means printed instructional materials or digital content, or both, and related printed or nonprinted instructional materials, that are written and published primarily for use in school instruction and that are required by a state educational agency or a local education agency for use by pupils in the classroom, including materials that require the availability of electronic equipment in order to be used as a learning resource.
A.R.S. § 15-701.04 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 701.04
15-701.04 Guidelines; policies; high schools; foster children; transfer credits; graduation requirements; educational record; definitions
Status: in_force

15-701.04. Guidelines; policies; high schools; foster children; transfer credits; graduation requirements; educational record; definitions

A. The state board of education shall develop guidelines for charter schools and school districts to consider when developing policies regarding the calculation of academic credits, including partial credits, for foster children who transfer schools pursuant to a best interest educational placement determination while the foster child is enrolled in any of grades nine through twelve.  The guidelines developed pursuant to this subsection must include alternative methods for a receiving school to calculate and accept academic credits, including partial credits, that were earned by a foster child in the foster child's school of origin.

B. Each school district governing board and charter school governing body shall develop and adopt policies concerning transfer credits for foster children who transfer to the school district or charter school pursuant to a best interest educational placement determination while the foster child is enrolled in any of grades nine through twelve.  The policies adopted pursuant to this subsection must specify the manner in which the school district or charter school will:

1. Calculate full and partial academic credits that were earned by the foster child at the foster child's school of origin.

2. Accept all academic credits, including partial credits, earned by the foster child in courses or instructional programs at the foster child's school of origin.

3. Determine whether to accept academic credits, including partial credits, earned by the foster child as core credits or as elective credits. The school district or charter school shall make every possible attempt to accept as core credits all academic credits earned by the foster child and shall consider each learning outcome that the foster child has mastered and each competency requirement that the foster child has demonstrated.

4. Meet with the foster child not later than ten days after the school district or charter school receives the foster child's educational records from the school of origin pursuant to subsection C of this section to review and update the foster child's graduation plan, including the foster child's participation in credit recovery programs, if necessary. The school district or charter school shall provide a written copy of the graduation plan to the foster child, each parent of the foster child whose parental rights have not been terminated and the foster child's guardian, custodian, caregiver or foster parent.

C. Each school district governing board and charter school governing body shall develop and adopt policies concerning the transfer of educational records pursuant to section 8-530.04 by the school of origin for a foster child who was enrolled in any of grades nine through twelve.  The policies adopted pursuant to this subsection must require the school of origin to include in the foster child's educational records both of the following:

1. All academic credits, including partial credits, earned by the foster child.

2. If the foster child did not receive partial credit for a course in which the foster child was enrolled, documentation of the competencies achieved by the foster child in the course.

D. A school district or charter school that enrolls a foster child who transfers schools pursuant to a best interest educational placement determination may administer a local competency assessment to award full or partial academic credits for the core competencies identified in the educational records provided by the foster child's school of origin.

E. Notwithstanding sections 15-701.01 and 15-720.02, a charter school governing body or school district governing board may not require a foster child who transfers schools pursuant to a best interest educational placement determination while the foster child is enrolled in grade eleven or twelve to satisfy a course of study or competency requirements to graduate from high school that are in addition to or higher than the minimum course of study and competency requirements prescribed by the state board of education.

F. For the purposes of this section:

1. "Best interest educational placement determination" means the determination of a child's best interest educational placement pursuant to section 8-530.04.

2. "Foster child" has the same meaning prescribed in section 8-501.
A.R.S. § 15-1487 — Arizona Code / Title 15 / Chapter 12 / Article 5 / Section 1487
15-1487 Prohibitions against obligating the state of Arizona
Status: in_force

15-1487. Prohibitions against obligating the state of Arizona

Nothing in this article shall be construed to authorize the board to contract a debt on behalf of, or in any way to obligate, the state of Arizona, or to pledge, assign or encumber in any way or to permit the pledging, assigning or encumbering in any way of appropriations made by the legislature or revenue derived from the investment of the proceeds of the sale and from the rental of such lands as have been set aside by the enabling act approved June 20, 1910, or other legislative enactments of the United States, for the use and benefit of the institution.
A.R.S. § 15-1670 — Arizona Code / Title 15 / Chapter 13 / Article 4 / Section 1670
15-1670 Appropriations for university research infrastructure facilities; university transfers; annual report; definitions
Status: in_force

15-1670. Appropriations for university research infrastructure facilities; university transfers; annual report; definitions

A. In fiscal years 2017-2018 through 2030-2031, the following sums are appropriated from the state general fund to Arizona state university for lease-purchase capital financing for research infrastructure projects:

1. In fiscal year 2017-2018, $13,481,000.

2. In fiscal year 2018-2019, $13,478,700.

3. In fiscal year 2019-2020, $13,456,300.

4. In fiscal year 2020-2021, $13,458,700.

5. In fiscal year 2021-2022, $13,451,900.

6. In fiscal year 2022-2023, $13,462,100.

7. In fiscal year 2023-2024, $13,468,200.

8. In fiscal year 2024-2025, $13,459,300.

9. In fiscal year 2025-2026, $13,453,900.

10. In fiscal year 2026-2027, $13,450,100.

11. In fiscal year 2027-2028, $13,436,200.

12. In fiscal year 2028-2029, $13,430,800.

13. In fiscal year 2029-2030, $13,423,500.

14. In fiscal year 2030-2031, $13,428,800.

B. In fiscal years 2017-2018 through 2030-2031, the following sums are appropriated from the state general fund to the university of Arizona for lease-purchase capital financing for research infrastructure projects:

1. In fiscal year 2017-2018, $14,249,300.

2. In fiscal year 2018-2019, $14,251,000.

3. In fiscal year 2019-2020, $14,250,200.

4. In fiscal year 2020-2021, $14,251,500.

5. In fiscal year 2021-2022, $14,248,900.

6. In fiscal year 2022-2023, $14,252,500.

7. In fiscal year 2023-2024, $14,255,300.

8. In fiscal year 2024-2025, $14,247,300.

9. In fiscal year 2025-2026, $14,248,400.

10. In fiscal year 2026-2027, $14,251,300.

11. In fiscal year 2027-2028, $14,254,100.

12. In fiscal year 2028-2029, $14,251,500.

13. In fiscal year 2029-2030, $14,252,500.

14. In fiscal year 2030-2031, $14,255,800.

C. In fiscal years 2017-2018 through 2030-2031, the following sums are appropriated from the state general fund to northern Arizona university for lease-purchase capital financing for research infrastructure projects:

1. In fiscal year 2017-2018, $5,896,500.

2. In fiscal year 2018-2019, $5,896,200.

3. In fiscal year 2019-2020, $5,899,500.

4. In fiscal year 2020-2021, $4,879,500.

5. In fiscal year 2021-2022, $5,039,800.

6. In fiscal year 2022-2023, $5,301,500.

7. In fiscal year 2023-2024, $5,302,900.

8. In fiscal year 2024-2025, $4,885,500.

9. In fiscal year 2025-2026, $4,884,500.

10. In fiscal year 2026-2027, $4,884,300.

11. In fiscal year 2027-2028, $4,894,000.

12. In fiscal year 2028-2029, $4,888,400.

13. In fiscal year 2029-2030, $4,892,000.

14. In fiscal year 2030-2031, $4,889,300.

D. Lease-purchase financing agreements under subsections A, B and C of this section:

1. Must be entered into before July 1, 2006.

2. Are subject to the requirements of section 15-1682.01.

E. The appropriations under subsections A, B and C of this section constitute continuing year-to-year appropriations but do not constitute an obligation of the legislature or this state to continue the appropriation in any fiscal year.  The annual appropriation is a current expense of this state in the fiscal year in which it occurs and is not a general obligation indebtedness of this state or of any university. If the appropriation is discontinued in any fiscal year, this state and the university are relieved of any subsequent obligation pursuant to this section.

F. Beginning in fiscal year 2018-2019 and in each subsequent fiscal year for which an appropriation is made pursuant to subsections A, B and C of this section, for each individual licensure agreement, royalty agreement or agreement for the sale or transfer of intellectual property developed by a university that is entered into by the university or a component unit of the university and for which the net income for the individual agreement reaches $1,000,000 over its cumulative lifetime, each university shall transfer to the state treasurer not later than October 1 following the close of the fiscal year an amount equal to twenty percent of the cumulative net income exceeding the $1,000,000 threshold minus amounts deposited in previous years. The state treasurer shall deposit the monies received from the universities pursuant to this subsection in the financial aid trust fund established pursuant to section 15-1642.

G. When calculating the cumulative net income pursuant to subsection F of this section, the university may not reduce its required deposits from any agreements due to net income or expenses associated with other projects.

H. The amount transferred to the state treasurer in each fiscal year by each university pursuant to subsection F of this section shall not exceed the amount appropriated in that fiscal year under subsection A, B or C of this section and section 15-1671, subsections B and C, respectively.

I. On or before October 1 of each year, each university shall report to the joint legislative budget committee the total amount of income and the total amount of net income the university received in the preceding fiscal year from each category of income that is subject to deposit pursuant to subsection F of this section.

J. For the purposes of this section:

1. "Component unit of the university":

(a) Means an entity that is legally separate from, but related to, the university and whose primary purpose is to support the university.

(b) Includes a university foundation and an entity that contracts with the university to manage technology transfer activities.

2. "Net income" means payments received from individual licensure and royalty agreements and the sale or transfer of intellectual property developed by the university, net of expenses related to individual agreements.  For the purposes of this paragraph, "expenses related to individual agreements" includes any of the following:

(a) Revenue shares paid to inventors and inventors' laboratories in support of their research activities.

(b) Expenses related to pursuing, maintaining or protecting intellectual property.

(c) Expenses related to commercializing, licensing or litigating intellectual property.

(d) Contractually required distributions to third parties.

(e) Reimbursement holds related to future contractual reimbursements.

(f) Operational management fees.

3. "Research infrastructure" means installations and facilities for continuance and growth of scientific and technological research activities at the university.
A.R.S. § 15-1441 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1441
15-1441 Selection of precincts; district board members; terms; qualifications; vacancies
Status: in_force

15-1441. Selection of precincts; district board members; terms; qualifications; vacancies

A. The board of supervisors shall establish in the same manner as provided in section 16-411 five precincts in a community college district for the election of a district board member from each precinct.  A precinct in a community college district shall be composed of the number of election precincts as determined by the board of supervisors and shall have the same boundaries as are defined for the election precincts under section 16-411.  If the board of supervisors redefines the boundaries of election precincts under section 16-411 that are included within a precinct in a community college district, the board of supervisors shall redefine the boundaries of the precinct in the community college district to conform with the election precinct changes. The precincts shall be established in a newly organized district subsequent to the organizational vote, and the county school superintendent shall appoint five members, one from each precinct, who are qualified electors.

B. Where two or more counties constitute a district, as many precincts shall be set up by the board of supervisors in each county as the county is entitled to membership.  In no case shall a county that is part of a district have more than four precincts, and where a district consists of two or more counties at least one member shall reside in each county.

C. At the first general election held for a district, the candidate having the most votes in each precinct shall be declared elected, provided the candidate meets the requirements provided in subsection A of this section.  The two elected members having the highest number of votes receive six year terms, the two elected members receiving the next highest number of votes receive four year terms and the one elected member receiving the lowest number of votes receives a two year term.  Thereafter each member's term is six years, except for a county with a population of at least three million persons, beginning at the next election after June 30, 2012, each member's term is four years.

D. The next general election of district board members following the first general election shall be for the precinct where the elected candidate received the lowest number of votes and the second general election for the two precincts where the elected candidates received the next highest number of votes and the third general election for the two precincts where the elected candidates received the highest number of votes. The order of elections as established through this procedure shall thereafter be the order of precinct elections.

E. Vacancies shall be filled by appointment by the county school superintendent for the unexpired term for the precinct where the vacancy occurs, except that if the unexpired term is two years or longer, the county school superintendent may do one of the following:

1. Make an appointment for a term, which shall be until the next regular election for district board members, at which time a successor shall be elected to serve the unexpired portion of the term.

2. With the approval of the district board, leave the vacancy until the next regular election for governing board members, at which time a successor shall be elected to serve the unexpired portion of the term.

F. When a vacancy occurs in a district with more than one county, the county school superintendent of the county where the previous incumbent resided shall fill the appointment for the unexpired term.

G. A county officer as provided in section 11-401 is not eligible to serve as a member of a community college district governing board during his term of office.

H. Employees of a community college district or their spouses are not eligible to hold membership on the community college district governing board in the district in which the employee is employed.

I. Beginning July 1, 2012, in addition to the governing board members who are elected from each of the five precincts in a community college district, a county with a population of at least three million persons shall elect two additional governing members from the district at large.  At the first general election held to elect at-large governing board members, the two candidates having the most votes shall be declared elected, if each candidate is a qualified elector who resides in that county. The elected member who receives the highest number of votes of the at-large candidates shall serve a four year term and the elected member who receives the next highest number of votes shall serve a two year term.  Thereafter each member's term is four years.
A.R.S. § 15-943.04 — Arizona Code / Title 15 / Chapter 9 / Article 3 / Section 943.04
15-943.04 English learner classroom personnel bonus fund; payment of English language classroom personnel bonuses
Status: in_force

15-943.04. English learner classroom personnel bonus fund; payment of English language classroom personnel bonuses

The English learner classroom personnel bonus fund is established consisting of monies appropriated for this purpose.  The department of education shall administer the fund.  Monies in the fund are continuously appropriated.  Applications from school districts and charter schools for monies from the fund shall be submitted by February 28 of each year.  The department of education shall distribute monies in the fund to school districts and charter schools in equal amounts not to exceed two hundred fifty dollars for every English learner, as defined in section 15-751, who was instructed in an English learner program in the past academic year, who achieved English proficiency and who exited the English learner program. School districts and charter schools shall use the monies distributed pursuant to this section to pay bonuses directly to classroom personnel, excluding principals and administrators, who are involved in English learner programs.  A school district or charter school shall not receive more than one distribution from the English learner classroom personnel bonus fund for the same pupil.
A.R.S. § 15-920.01 — Arizona Code / Title 15 / Chapter 9 / Article 1.1 / Section 920.01
15-920.01 Arizona performance based compensation system task force; members; evaluation; reporting
Status: in_force

15-920.01. Arizona performance based compensation system task force; members; evaluation; reporting

A. The Arizona performance based compensation system task force is established within the state board of education.  The task force shall consist of the following members appointed by the state board of education:

1. Three certificated teachers who are currently teaching in this state, one of whom provides academic instruction in grades one through eight, one of whom provides academic instruction in grades nine through twelve and one of whom teaches in a specialized area of instruction.

2. Three members who are certificated administrators or school district governing board members.

3. Two members of the general public who do not hold an active certificate issued by the state board of education and who are not employed by any school district in this state.

4. Four members of the general public who are employed in the private sector in capacities that involve or promote economic development.

B. By February 2006, and each year thereafter, the superintendent of public instruction shall submit the data provided by school districts pursuant to section 15-977, subsection F to the Arizona performance based compensation system task force, which shall conduct an evaluation of performance based compensation systems in accordance with subsection C of this section.

C. The Arizona performance based compensation system task force shall conduct annual evaluations of one quarter of the school districts' performance based compensation systems based on the data submitted to the task force by the superintendent of public instruction pursuant to subsection B of this section.  The annual evaluation shall:

1. Assess the relationship between components of individual school district performance based compensation systems and the improvement in:

(a) Individual student progress and achievement.

(b) Achievement of school district and school site goals.

(c) Teacher professional development.

(d) Teacher job satisfaction.

(e) Parent rating of the quality of education at the school and district levels.

2. Provide a report to the school districts evaluated each year assessing the effectiveness of each school district's performance based compensation system, including any recommendations for improvement.  The report shall be delivered to the members of the school district governing board for consideration in a public meeting.

D. The Arizona performance based compensation system task force shall annually submit a summary of its findings and conclusions to the speaker of the house of representatives and the president of the senate.  A copy of the summary of findings and conclusions shall be provided to the chairperson of the house of representatives K-12 education committee, or its successor committee, and the chairperson of the senate K-12 education committee, or its successor committee.

E. On or before June 30, 2010, the Arizona performance based compensation system task force shall:

1. Provide recommendations to the state board of education on the implementation, operation and monitoring of performance based compensation systems and career ladder programs in the school districts of this state.

2. Develop written recommendations based on the elements prescribed in section 15-977, subsection C.  These written recommendations shall be submitted to the governor, the speaker of the house of representatives, the president of the senate and the state board of education. The Arizona performance based compensation system task force shall provide copies of the written recommendations to the secretary of state and the director of the Arizona state library, archives and public records.
A.R.S. § 15-456 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 456
15-456 Jurisdiction of county board of supervisors and county school superintendent over joint common school district
Status: in_force

15-456. Jurisdiction of county board of supervisors and county school superintendent over joint common school district

A. The county of jurisdiction of the proposed joint common school district is that county in which the greater portion of the qualified electors of the proposed joint common school district resides, unless all of the existing school buildings located on territory which will be within the proposed joint common school district are in one county, in which event that county shall be the county of jurisdiction.

B. The jurisdictional county of the joint common school district shall exercise authority as provided for in this section and sections 15-429, 15-453 through 15-455, 15-457, 15-491, subsection B, 15-975 and 15-997. The county school superintendent of the jurisdictional county shall perform for and in respect to the joint common school district all duties required to be performed by county school superintendents. The board of supervisors of the same county shall have jurisdiction over and perform all duties for and with respect to the joint common school district as required to be performed by boards of supervisors, except that school district taxes to be levied on property in the portion of the joint common school district lying in another county shall be levied by the board of supervisors of such other county.
A.R.S. § 15-1621 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1621
15-1621 Members; appointment; terms; oath; immunity
Status: in_force

15-1621. Members; appointment; terms; oath; immunity

A. The Arizona board of regents consists of ten appointive members, including two student members, and the governor and the superintendent of public instruction as ex officio members.

B. Appointive members, except the student members, shall be appointed by the governor pursuant to section 38-211. The term of each appointive member, except the student members, is eight years, to begin and end on the third Monday in January.

C. The governor shall appoint two student members to serve staggered terms.  Each year the governor shall designate on a rotation basis a university under the jurisdiction of the Arizona board of regents to submit a list of nominees for the position of student member. The associated students' organization of the designated university, by majority vote of its governing body, shall select three nominees for student member. The governor shall consider the three nominees when making the appointment of the student member but may appoint any qualified student. Before adjournment of the regular session of the legislature, the governor shall submit to the senate for consent of the senate the name of the nominee for student member whose term is to begin on July 1.  A student nominated for a full term may not serve until confirmed by the senate. A student member must be a person who is legally domiciled in this state and attends a university under the jurisdiction of the Arizona board of regents on a full-time basis.  In the first year of the term the student member may exercise all rights and privileges of a board member, except the right to vote.  In the second year of the term the student member may exercise all rights and privileges of a board member, including the right to vote.  The term of each student member is two years, beginning on July 1.  The governor may remove the student members for cause.  A student member who graduates with no more than seven months remaining in the second year of a term may serve the remainder of the term.  A vacancy in the office of student member shall be filled as follows:

1. If a vacancy occurs during the first year of a student member's term, the office shall be filled for the unexpired term.  A student member nominated by the governor to fill a vacancy pursuant to this paragraph may serve the balance of the term without being confirmed by the senate.

2. If a vacancy occurs during the second year of a student member's term, the remaining student member shall assume all rights and privileges of a board member, including the right to vote.  A new student member shall be nominated to a two year term to begin on July 1 as provided in this subsection.

D. On expiration of the term in January 2008 of two members of the Arizona board of regents, the governor shall appoint two members who reside in a county with a population of less than eight hundred thousand persons pursuant to section 38-211.  One member shall be selected from Apache, Coconino, Gila, Mohave, Navajo or Yavapai county and one member shall be selected from Cochise, Graham, Greenlee, La Paz, Pinal, Santa Cruz or Yuma county.  Notwithstanding subsection B of this section, the initial term of one of the members appointed pursuant to this subsection shall be four years to begin and end on the third Monday in January.  Thereafter, the governor shall appoint each member pursuant to this subsection for terms beginning on the third Monday of January of the year of the expiration of the term and ending on the third Monday of January eight years thereafter.  This subsection does not preclude the governor from appointing more than two members who reside in a county with a population of less than eight hundred thousand persons at one time to the Arizona board of regents.  The governor shall make subsequent appointments to replace the terms of members pursuant to this subsection in the same manner.

E. Each appointive member of the board shall take the oath of office before entering upon the duties of the member's office.

F. Members of the board are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with approval of a majority of the board.
A.R.S. § 15-1911 — Arizona Code / Title 15 / Chapter 15 / Article 2 / Section 1911
15-1911 Authority to enter compact; terms of interstate compact on educational opportunity for military children
Status: in_force

15-1911. Authority to enter compact; terms of interstate compact on educational opportunity for military children

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school districts, variations in entrance or age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs and participation in extracurricular academic, athletic and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 United States Code chapters 1209 and 1211.

B. "Children of military families" means school-aged children, enrolled in kindergarten programs or grades one through twelve, in the household of an active duty member.

C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to article VIII of this compact.

D. "Deployment" means the period one month prior to the service members' departure from their home station on military orders through six months after return to their home station.

E. "Educational records" means those official records, files and data directly related to a student and maintained by the school or local education agency, including records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.

F. "Extracurricular activities" means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.

G. "Interstate commission on educational opportunity for military children" means the commission that is created under article IX of this compact, which is generally referred to as interstate commission.

H. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten programs and grades one through twelve in public educational institutions.

I. "Member state" means a state that has enacted this compact.

J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other activity under the jurisdiction of the department of defense, including any leased facility, that is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory.  Military installation does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

K. "Nonmember state" means a state that has not enacted this compact.

L. "Receiving state" means the state to which a child of a military family is sent, brought or caused to be sent or brought.

M. "Rule" means a written statement by the interstate commission promulgated pursuant to article XII of this compact that is of general applicability, that implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the interstate commission, and that has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule.

N. "Sending state" means the state from which a child of a military family is sent, brought or caused to be sent or brought.

O. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory.

P. "Student" means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in a kindergarten program or grades one through twelve.

Q. "Transition" means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. "Uniformed services" means the army, navy, air force, marine corps and coast guard as well as the commissioned corps of the national oceanic and atmospheric administration, and public health services.

S. "Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in section B, this compact shall apply to the children of:

1. Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 United States Code chapters 1209 and 1211.

2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement.

3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. Inactive members of the national guard and military reserves.

2. Members of the uniformed services now retired, except as provided in section A.

3. Veterans of the uniformed services, except as provided in section A.

4. Other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATIONAL RECORDS AND ENROLLMENT

A. Unofficial or hand-carried education records – In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission.  On receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official education records and transcripts - Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state.  On receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

C. Immunizations – Compacting states shall give thirty days from the date of enrollment or such time as is reasonably determined under the rules promulgated by the interstate commission for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

D. Kindergarten and first grade entrance age – Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age.  A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on the student's validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT AND ATTENDANCE

A. Course placement - When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state, or both, if the courses are offered.  Course placement includes honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses.  Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.

B. Educational program placement – The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation and placement in like programs in the sending state.  Such programs include gifted and talented programs and English as a second language.  This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services – In compliance with the federal requirements of the individuals with disabilities education act (20 United States Code section 1400), the receiving state shall initially provide comparable services to a student with disabilities based on the student's current individualized education program. In compliance with the requirements of section 504 of the rehabilitation act (29 United States Code section 794) and with title II of the Americans with disabilities act (42 United States Code sections 12131 through 12165), the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or title II plan, to provide the student with equal access to education.  This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility – Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities – A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by this compact, and has been called to duty for, is on leave from or has immediately returned from deployment to a combat zone or combat support posting shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student's parent or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment.

1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation - State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

A. Waiver requirements – Local education agency administrative officials shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial.  If a waiver is not granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. Exit exams - States shall accept exit or end-of-course exams required for graduation from the sending state, national norm referenced achievement tests or alternative testing, in lieu of testing requirements for graduation in the receiving state. If these alternatives cannot be accommodated by the receiving state for a student transferring in the student's senior year, then the provisions of article VII, section C shall apply.

C. Transfers during senior year – If a military student transferring at the beginning or during the student's senior year is ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency.  If one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with sections A and B.

ARTICLE VIII

STATE COORDINATION

A. Each member state, through the creation of a state council or use of an existing body or board, shall provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include at least the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government and other offices and stakeholder groups the state council deems appropriate.  A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.

B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL

OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the interstate commission on educational opportunity for military children.  The activities of the interstate commission are the formation of public policy and are a discretionary state function.  The interstate commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred on it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one interstate commission voting representative from each member state who shall be that state's compact commissioner.

1. Each member state represented at a meeting of the interstate commission is entitled to one vote.

2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

3. A representative shall not delegate a vote to another member state. If the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from that state for a specified meeting.

4. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

C. Consist of ex-officio, nonvoting representatives who are members of interested organizations.  Such ex-officio members, as defined in the bylaws, may include members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year.  The chairperson may call additional meetings and, on the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one year term.  Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rule making, during periods when the interstate commission is not in session.  The executive committee shall oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with the provisions of this compact, its bylaws and rules, and other such duties as deemed necessary.  The United States department of defense shall serve as an ex-officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying.  The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Public notice shall be given by the interstate commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in this compact.  The interstate commission and its committees may close a meeting, or portion thereof, if it determines by a two-thirds vote that an open meeting would be likely to either:

1. Relate solely to the interstate commission's internal personnel practices and procedures.

2. Disclose matters specifically exempted from disclosure by federal and state statute.

3. Disclose trade secrets or commercial or financial information that is privileged or confidential.

4. Involve accusing a person of a crime, or formally censuring a person.

5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.

6. Disclose investigative records compiled for law enforcement purposes.

7. Specifically relate to the interstate commission's participation in a civil action or other legal proceeding.

H. For a meeting, or portion of a meeting, closed pursuant to this provision, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision.  The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote.  All documents considered in connection with an action shall be identified in such minutes.  All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.

I. The interstate commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.  Such methods of data collection, exchange and reporting, insofar as is reasonably possible, shall conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. The interstate commission shall create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact.  The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. To issue, on request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the interstate commission and the bylaws, using all necessary and proper means, including the use of judicial process.

E. To establish and maintain offices which shall be located within one or more of the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire or contract for services of personnel.

H. To establish and appoint committees including an executive committee as required by article IX, section E, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the interstate commission.

O. To report annually to the legislatures, governors, judiciary and state councils of the member states concerning the activities of the interstate commission during the preceding year.  Such reports shall also include any recommendations that may have been adopted by the interstate commission.

P. To coordinate education, training and public awareness regarding the compact and its implementation and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting and exchanging of data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission, by a majority of the members present and voting, within twelve months after the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:

1. Establishing the fiscal year of the interstate commission.

2. Establishing an executive committee, and such other committees as may be necessary.

3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission.

4. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting.

5. Establishing the titles and responsibilities of the officers and staff of the interstate commission.

6. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus monies that may exist on the termination of the compact after the payment and reserving of all of its debts and obligations.

7. Providing start up rules for initial administration of the compact.

B. The interstate commission, by a majority of the members, shall elect annually from among its members a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws.  The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.

C. Executive committee, officers and personnel.

1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

(a) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission.

(b) Overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures and administrative and technical support functions.

(c) Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.

2. The executive committee, subject to the approval of the interstate commission, may appoint or retain an executive director for such period, on such terms and conditions and for such compensation as the interstate commission may deem appropriate.  The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.

D. The interstate commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities, provided, that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of such person.

1. The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of their employment or duties for acts, errors or omissions occurring within their state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents.  The interstate commission is considered to be an instrumentality of the states for the purposes of any such action.  Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of such person.

2. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, the member state or the interstate commission, and the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such persons.

ARTICLE XII

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rule making authority - The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact.  Notwithstanding the foregoing, if the interstate commission exercises its rule making authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, such an action by the interstate commission shall be invalid and have no force or effect.

B. Rule making procedure - Rules shall be made pursuant to a rule making process that substantially conforms to the model state administrative procedure act of 1981, uniform laws annotated, vol. 15, p.1 (2000), as amended, as may be appropriate to the operations of the interstate commission.

C. Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success.  The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.

D. If a majority of the legislatures of the compacting states reject a rule by enactment of a statute or resolution in the same manner used to adopt the compact, such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

A. Oversight.

1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission.

3. The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.  Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.

B. Default, technical assistance, suspension and termination - If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:

1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the interstate commission.  The interstate commission shall specify the conditions by which the defaulting state must cure its default.

2. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact on an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.  A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted.  Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.

5. The state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination, including obligations, the performance of which extends beyond the effective date of suspension or termination.

6. The interstate commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed on in writing between the interstate commission and the defaulting state.

7. The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices.  The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

C. Dispute resolution.

1. The interstate commission, on the request of a member state, shall attempt to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.

2. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement.

1. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of this compact and its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the interstate commission.  The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the interstate commission, which shall promulgate a rule binding on all member states.

C. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. This compact shall become effective and binding on legislative enactment of the compact into law by at least ten of the states.  The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state on enactment of the compact into law by that state.  The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.

C. The interstate commission may propose amendments to the compact for enactment by the member states.  No amendment shall become effective and binding on the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal.

1. Once effective, the compact shall continue in force and remain binding on each and every member state, provided that a member state may withdraw from the compact specifically repealing the statute that enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing on the introduction of legislation repealing this compact in the withdrawing state.  The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur on the withdrawing state reenacting the compact or on such later date as determined by the interstate commission.

B. Dissolution of compact.

1. This compact shall dissolve effective on the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

2. On the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding effect of the compact.

1. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.

2. All agreements between the interstate commission and the member states are binding in accordance with their terms.

3. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
A.R.S. § 15-711 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 711
15-711 Sex education instruction; minimum grade; parental review of curricula; sexual conduct with a minor; review and approval of course of study; public hearings and input
Status: in_force

15-711. Sex education instruction; minimum grade; parental review of curricula; sexual conduct with a minor; review and approval of course of study; public hearings and input

A. School districts and charter schools may not provide sex education instruction before grade five.

B. Before a parent provides written permission for the parent's child to participate in any sex education curricula, the school district or charter school shall make the sex education curricula available for the parent's review online and in person pursuant to section 15-102, subsection A, paragraph 2. The school district or charter school shall notify parents where the sex education curricula are available for review at least two weeks before any instruction is offered pursuant to this section.

C. Each school district or charter school with existing sex education curricula shall include instruction on the laws relating to sexual conduct with a minor for pupils in grades seven, eight, nine, ten, eleven and twelve.

D. Each school district or charter school may develop its own sex education course of study or adopt an existing sex education course of study to meet the requirements of this section.

E. Before a school district or charter school offers sex education instruction, the school district governing board or charter school governing body shall review and approve the sex education course of study that is developed, adopted, revised or updated pursuant to this section.  The governing board or governing body:

1. Shall provide parents with a meaningful opportunity to participate in, review and provide input on any proposed sex education course of study before it is adopted.

2. May not approve a course of study unless it complies with this section.

F. Before approving any sex education course of study developed, adopted, revised or updated pursuant to this section, the school district governing board or charter school governing body shall do all of the following:

1. Require that all meetings of committees that are authorized for the purposes of reviewing and selecting the sex education course of study be publicly noticed at least two weeks before occurring and be open to the public pursuant to title 38, chapter 3, article 3.1.

2. Make any proposed sex education course of study available and accessible for review and public comment for at least sixty days before the governing board or governing body decides whether to approve that course of study.

3. Conduct at least two public hearings within the sixty-day period before the governing board or governing body decides whether to approve any course of study. Public comment may include written comments, oral comments and comments submitted through email.

G. A school district or charter school is not required to provide sex education instruction to pupils. If a school district or charter school decides to provide sex education instruction after school hours, this section and section 15-102 apply.

H. This section does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention.
A.R.S. § 15-1001 — Arizona Code / Title 15 / Chapter 9 / Article 6 / Section 1001
15-1001 Special county school reserve fund
Status: in_force

15-1001. Special county school reserve fund

A. The board of supervisors of each county shall annually budget for the special county school reserve fund an amount to meet the requirements of that fund.  Warrants drawn on the special county school reserve fund shall be approved prior to payment by the board of supervisors, as other county warrants are approved, or this responsibility may be delegated by the board of supervisors to the county school superintendent. The budgeted amounts for the special county school reserve fund shall be itemized and estimated to meet the following needs:

1. For transportation of school children to and from one-room and two-room rural schools that are determined by the county school superintendent to be in need of such aid.

2. For transportation to and from unorganized territory to school districts of children who are eligible to receive state aid.

3. For transportation to and from the nearest high school of pupils residing in common school districts which are contiguous or not contiguous to and which are not within a high school district if it is determined by the county school superintendent that such common school districts are in need of such aid to supplement the monies received as provided in subsection B of this section.

4. For one-room and two-room school districts, an amount which when added to the state aid for a school district will provide not more than five thousand dollars for a one-room school and not more than nine thousand dollars for a two-room school, provided that such schools are maintained for a minimum of one hundred seventy-five days or two hundred days, as applicable, per year.

5. For necessary expenses for the establishment and conduct of accommodation schools pursuant to section 15-308.

6. For expenditures necessary to establish and maintain, for the first year of operation, a county special education program for children with disabilities as provided in chapter 7, article 4 of this title.

B. The county school superintendent shall determine the eligibility for transportation aid for the transportation of children from unorganized territory to school districts within that county in the manner provided in this chapter for other school districts and shall certify the eligibility to the department of education.

C. The county school superintendent shall determine the amount of transportation aid for transportation of children from unorganized territory to school districts within that county based upon the provisions of section 15-945, subsection A, paragraphs 1 and 2, except that such transportation aid shall not exceed the actual cost of providing such transportation. The county school superintendent shall certify the amount to the department of education which shall apportion the monies no later than the second Monday in September, December, March and June.
A.R.S. § 15-824 — Arizona Code / Title 15 / Chapter 8 / Article 2 / Section 824
15-824 Admission of pupils of other school districts; homeless children; tuition charges; definitions
Status: in_force

15-824. Admission of pupils of other school districts; homeless children; tuition charges; definitions

A. The governing board of a school district shall admit pupils from another school district or area as follows:

1. On the presentation of a certificate of educational convenience issued by the county school superintendent pursuant to section 15-825.

2. For three hundred fifty or fewer pupils, to a high school without the presentation of a certificate of educational convenience, if the pupil is a resident of a common school district within this state that is not within a high school district and that does not offer instruction in the pupil's grade.  The three hundred fifty or fewer pupil limitation prescribed in this paragraph does not apply to a small isolated school district as defined in section 15-901.  The school membership of such pupils is deemed, for the purposes of determining student count and providing a free and appropriate public education pursuant to the individuals with disabilities education act (20 United States Code chapter 33) and for apportionment of state aid, to be enrollment in the school district of the pupil's attendance.

3. To a high school without the presentation of a certificate of educational convenience if the pupil is a resident of a transporting school district that does not offer instruction in the pupil's grade.  Tuition shall be charged as prescribed in subsection E of this section for each pupil who is admitted pursuant to this paragraph.  For the purposes of determining student count and for apportionment of state aid, the school membership of these pupils is deemed to be enrollment in the school district of the pupil's residence.

B. The residence of the person having legal custody of the pupil is considered the residence of the pupil, except as provided in subsection C of this section and in section 15-825, subsection B.

C. The current residence of a homeless pupil who does not reside with the person having legal custody of the pupil is considered to be the residence of the homeless pupil if the person having legal custody of the pupil is a resident of the United States. For the purposes of this subsection, "homeless pupil" means a pupil who has a primary residence that is:

1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations.

2. An institution that provides a temporary residence for individuals intended to be institutionalized.

3. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

D. The school enrollment of a pupil who is a resident of this state or who is admitted to a school district under section 15-823, subsection B, C, E, F or H is deemed, for the purpose of determining student count and for apportionment of state aid, to be enrollment in the school district of actual attendance, except as provided in section 15-825, subsection A, paragraph 1 and subsection A, paragraph  3 of this section and except for pupils for whom the superintendent of public instruction is charged tuition pursuant to section 15-825, subsections B and D and section 15-976 or for whom another school district is charged tuition as provided in subsections E and G of this section.

E. If tuition is required to be charged for pupils attending school in a school district other than that of their residence, the tuition shall be determined and paid in the following manner:

1. The number of high school pupils for which tuition may be charged to a transporting school district is equal to the average daily membership in the district of attendance from the transporting school district for the prior fiscal year. This number may be adjusted if the transporting school district increases its revenue control limit and district support level.

2. The tuition for pupils attending school in a school district other than that of their residence, except pupils provided for by section 15-825, subsections B and D and any pupils included in the definition of child with a disability in section 15-761, shall not exceed the cost per student count of the school district attended, as determined for the current school year. Tuition for pupils included in the definition of child with a disability in section 15-761 shall not exceed the actual cost of the school attended for each pupil as determined for the current year. The school district of attendance shall not include in the cost per student count a charge for transportation if no transportation is provided, and the charge for transportation shall not exceed the actual costs of providing transportation for the pupils served, as prescribed in the uniform system of financial records. The school district of attendance shall provide the school district of residence with the final tuition charge for the current year and with an estimate of the budget year's tuition charge by May 1 of the current year. The school district of residence shall pay at least one-fourth of the total amount of the estimated tuition by September 30, December 31 and March 31, and it shall pay the remaining amount it owes after adjustments are made by June 30.

3. Notwithstanding paragraph 2 of this subsection and subsection G of this section, if two school districts enter into a voluntary agreement for the payment of tuition, the agreement shall specify the method for computing the tuition amount and the timing of the payments. The agreement shall not be longer than five consecutive years. If two school districts enter into an agreement and choose to renew the agreement, each renewal shall not be longer than five consecutive years. The agreement shall specify that a parent or legal guardian of a pupil affected by a tuition agreement entered pursuant to this section or section 15-816.01 may choose not to send the pupil or pupils to a school district or school that is a party to the agreement.

4. Tuition of pupils as provided in section 15-825, subsection D shall not exceed the excess costs for group B children with disabilities minus the amount generated by the equalization base as determined in section 15-971, subsection A for these pupils. A school district may submit to the superintendent of public instruction a record of actual excess costs to educate a group B child with a disability if the costs are higher than the calculated excess costs or if a pupil has been placed in a private school for special education services. The superintendent shall determine if the additional costs will be paid, and if the costs are paid, whether the additional costs will be paid by the state or the resident district.

5. The amount received representing contributions to capital outlay as provided in subsection G, paragraph 1, subdivision (b) of this section shall be applied to the capital outlay fund or the debt service fund of the school district.

6. The amount received representing contributions to debt service as provided in subsection G, paragraph 1, subdivision (c) of this section shall be applied to the debt service fund of the school district if there is one. Otherwise the amount shall be credited to the capital outlay fund of the school district.

F. A school district may submit to the superintendent of public instruction a record of actual costs paid by the school district to educate a pupil who qualifies for a certificate of educational convenience under section 15-825, subsection B. If the actual costs for that pupil exceed the costs per student count computed pursuant to subsection G of this section, the superintendent of public instruction shall reimburse the school district for these additional costs subject to legislative appropriation.

G. For the purposes of this section:

1. "Costs per student count" means the sum of the following for the common or high school portion of the school district attended, whichever is applicable to the pupil involved, as prescribed in the uniform system of financial records:

(a) The actual school district expenditures for the regular education program subsection of the maintenance and operation section of the budget divided by the school district's student count for the common or high school portion of the school district, whichever is applicable.

(b) The actual school district expenditures for the capital outlay section of the budget as provided in sections 15-903 and 15-905 excluding expenditures for transportation equipment and buildings if no transportation is provided and expenditures for the acquisition of building sites, divided by the school district's student count for the common or high school portion of the school district, whichever is applicable.

(c) The actual school district expenditures for debt service divided by the school district's student count for the common or high school portion of the school district, whichever is applicable.

2. "Legal custody" means:

(a) Custody exercised by the natural or adoptive parents with whom a pupil resides.

(b) Custody granted by order of a court of competent jurisdiction to a person or persons with whom a pupil resides unless the primary purpose for which custody was requested was to circumvent the payment of tuition as provided in this section.
A.R.S. § 15-1303 — Arizona Code / Title 15 / Chapter 11 / Article 1 / Section 1303
15-1303 School for the deaf and the blind as public corporation; tax exemption
Status: in_force

15-1303. School for the deaf and the blind as public corporation; tax exemption

A. The school shall be a body corporate under the name of "the Arizona state school for the deaf and the blind".

B. The corporation shall:

1. Have perpetual succession.

2. Have a corporate seal.

3. Be deemed a public corporation and its property shall be exempt from all taxes and assessments.

C. The corporation may, in the corporate name:

1. Sue and be sued.

2. Contract and be contracted with.

3. Take and hold by purchase, gift or devise real and personal property required for its use.

4. Convert property received by gift, purchase or devise which is not suitable for its use into money or property which is suitable for its use.
A.R.S. § 15-991.01 — Arizona Code / Title 15 / Chapter 9 / Article 6 / Section 991.01
15-991.01 Tax levy for property not located in a school district
Status: in_force

15-991.01. Tax levy for property not located in a school district

A. The board of supervisors of each county, at the time of levying other taxes, shall annually levy a tax on property not located in a school district.  The tax levy shall be at a rate equal to one-half the qualifying tax rate prescribed in section 15-971, subsection B, paragraph 2, per one hundred dollars of assessed valuation used for primary property taxes. The tax shall be levied and collected in the same manner as general county taxes on the property.  The tax levy provided for in this section is not subject to title 42, chapter 17, articles 2 and 3.  The monies received pursuant to this section shall be transmitted by the county treasurer to the state treasurer to be deposited in the state general fund to aid in school financial assistance.

B. The reduction in taxes prescribed in section 15-972 applies to taxes levied pursuant to this section on residential property, except that the state shall not make the payments prescribed in section 15-972, subsection H for this reduction in taxes.

C. This section does not apply to territory that was previously unorganized but that is currently part of a school district that is joined pursuant to section 15-445.
A.R.S. § 15-1403 — Arizona Code / Title 15 / Chapter 12 / Article 1 / Section 1403
15-1403 Procedure to form a district; exception
Status: in_force

15-1403. Procedure to form a district; exception

A. For the purpose of forming a district, not less than ten per cent of the qualified electors in the territory included in the proposed district, or where a district consists of more than one county not less than ten per cent of the qualified electors in each county, shall petition the county school superintendent for the establishment of the district.  Where a district consists of more than one county, the signatures of the qualified electors on the petition shall be submitted to the county school superintendent of the county of which the qualified electors are residents, provided that the county school superintendent of the county with the larger population, as determined by the most recent federal census, shall be the custodian of the completed petition. The petition shall set forth the name of the proposed district and its boundaries. The county school superintendent shall verify the signatures thereon, provided that whenever a proposed district consists of more than one county the county school superintendent of the county with the least population shall verify the signatures on the petition from that county prior to submitting the petition to the county school superintendent of the county with the larger population.

B. The county school superintendent who is the custodian of the completed petition shall transmit the petition to the county board of supervisors, or if the district consists of more than one county, to the county board of supervisors of the county with the largest population, which shall determine whether the proposed district meets the minimum standards of assessed valuation and population as provided in section 15-1402.

C. If the county board of supervisors determines that the proposed district meets the minimum standards of assessed valuation and population prescribed in subsection B of this section, the county, or counties, shall call and conduct an election, as prescribed in this article. If the majority of the votes cast in the proposed district, consisting of one county, favor the formation of the district, such a district is deemed to be formed, as provided in section 15-1404.  Where the proposed district consists of more than one county, there shall be a majority of the votes cast in each county favoring the formation of the district before the district is deemed to be formed, as provided in section 15-1404.

D. This section does not apply to community college districts organized pursuant to section 15-1402.01.
A.R.S. § 15-925 — Arizona Code / Title 15 / Chapter 9 / Article 2 / Section 925
15-925 School transportation; allowable vehicles
Status: in_force

15-925. School transportation; allowable vehicles

Notwithstanding any other law, a school district or charter school in this state or a privately owned and operated entity that is contracted for compensation with a school district or charter school in this state may use a motor vehicle that is designed to carry at least eleven and not more than fifteen passengers or a motor vehicle that is designed as a type A school bus or type B school bus as defined by the department of public safety to carry at least eleven and up to fifteen passengers to transport students to or from home or school on a regularly scheduled basis in accordance with the safety rules adopted by the department of public safety pursuant to sections 28-900 and 28-3228.
A.R.S. § 15-1324 — Arizona Code / Title 15 / Chapter 11 / Article 2 / Section 1324
15-1324 Reports of board of directors
Status: in_force

15-1324. Reports of board of directors

The board shall prepare and file:

1. An annual report to the governor with a detailed statement of the cost of maintaining the school which shows in detail every financial transaction, a complete record of the conditions and work of the school, and including reports by the superintendent and chief medical officer.

2. An estimate for the use of the legislature of appropriations necessary for the support of and for needed improvements to the school, and also a report of the operation of the school for the preceding year.
A.R.S. § 15-543 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 543
15-543 Appeal from decision of board
Status: in_force

15-543. Appeal from decision of board

A. The decision of the governing board is final unless the certificated teacher files, within thirty days after the date of the decision, an appeal with the superior court in the county within which he was employed.

B. The decision of the governing board may be reviewed by the court in the same manner as the decision made in accordance with section 41-783. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is otherwise given by law.
A.R.S. § 15-303 — Arizona Code / Title 15 / Chapter 3 / Article 1 / Section 303
15-303 Apportionment of funds
Status: in_force

15-303. Apportionment of funds

The county school superintendent shall apportion the school monies to each school district of the county. He shall give written notification to the county treasurer of the amount apportioned to each school district and to the governing board of the school district of the amount apportioned to the district.
A.R.S. § 15-388 — Arizona Code / Title 15 / Chapter 3 / Article 5 / Section 388
15-388 Optional inclusion of school district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition
Status: in_force

15-388. Optional inclusion of school district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition

A. If a governing board of a school district determines that state health and accident insurance coverage is necessary or desirable and in the best interest of the district, it may provide for inclusion of the district's employees and spouses and dependents of school district employees in state health and accident insurance coverage pursuant to section 38-651.

B. If the school district elects to participate in the state health and accident insurance coverage, it shall be the only health and accident insurance coverage offered to school district employees.

C. A school district governing board that elects to include its employees in the state health and accident insurance coverage shall notify the department of administration of its intention to do so by January 15 of the calendar year prior to the school year starting after June 30 in which the school district's employees would be eligible to receive state health and accident insurance coverage.

D. A school district governing board that elects to include its employees in the state health and accident insurance coverage shall participate in state health and accident insurance coverage for at least two years.

E. School districts that opt to participate in the state health and accident insurance coverage shall agree to accept the benefit level, plan design, insurance providers, premium level and other terms and conditions determined by the department of administration and shall accept such other contractual arrangements made by the department of administration with health and accident insurance providers.

F. School districts shall reimburse the department of administration for administrative and operational costs associated with school districts participating in the state health and accident insurance coverage determined pursuant to section 38-651, subsection K.

G. As used in this section, "state health and accident insurance coverage" means the health and accident coverage procured by the department of administration under section 38-651.
A.R.S. § 15-1322 — Arizona Code / Title 15 / Chapter 11 / Article 2 / Section 1322
15-1322 Board organization; meetings; quorum
Status: in_force

15-1322. Board organization; meetings; quorum

A. The board shall select from its membership a president, a treasurer and a secretary or a president and a secretary-treasurer.

B. A meeting of the board may be called at any time by the governor, the president or the secretary.

C. Five voting members shall constitute a quorum for the transaction of business of the board.
A.R.S. § 15-782.02 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 782.02
15-782.02 Career and technical education and vocational education programs; fingerprint clearance card; expanded hours; tuition
Status: in_force

15-782.02. Career and technical education and vocational education programs; fingerprint clearance card; expanded hours; tuition

A. For the purposes of the career technical education district's participation in any student financial assistance program authorized by title IV of the higher education act of 1965, as amended (20 United States Code section 1070 et seq.), career technical education districts may offer vocational education programs beyond secondary education to adult students who have either graduated from high school or obtained a general equivalency diploma with training to prepare the adults for gainful employment. These programs may not be offered for college-level credit unless authorized through a dual credit agreement with an accredited college. Secondary education students may also be enrolled in career technical education district courses that are administered at a postsecondary level for college-level credit. Such courses may also qualify secondary education students for high school credit.

B. Persons who are over twenty-two years of age shall not attend vocational programs in high school buildings during regular school hours, except that a person who is over twenty-two years of age may attend vocational programs other than massage therapy programs during regular school hours on a central campus that is owned and operated or leased and operated by a career technical education district pursuant to section 15-393, subsection D, paragraph 4 if the vocational program has additional student capacity after the enrollment of persons who are twenty-two years of age or younger.  A person who is over twenty-two years of age shall not be admitted to or attend a vocational program during regular school hours pursuant to this subsection unless the person has a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.  The costs of the fingerprint clearance card shall be paid by the applicant. A career technical education district shall immediately notify in writing the parent or guardian of each pupil under eighteen years of age who is in a vocational program during regular school hours when a person who is over twenty-two years of age enrolls in the vocational program.

C. Any person may file a complaint with the state board of vocational education under rules adopted by the state board of education acting as the state board of vocational education regarding an alleged violation of federal or state law by a career technical education district, including any student financial assistance program authorized by title IV of the higher education act of 1965, as amended (20 United States Code section 1070 et seq.), governing adult students who enroll in a career technical education district pursuant to subsection A of this section.

D. The department of education shall distribute twenty-six dollars for every day that a full-time student attends an extended year or summer school program in a career technical education district and thirteen dollars for every day that a part-time student attends an extended year or summer school program in a career technical education district, subject to appropriation, except that the department of education shall not distribute monies pursuant to this section for any student who has either graduated from high school or obtained a general equivalency diploma or who has reached twenty-two years of age, whichever occurs first.

E. School districts with career and technical education and vocational education programs may operate those programs for more than one hundred seventy-five days per year, with expanded hours of service.

F. Career and technical education and vocational education programs run by school districts may charge tuition to offset expenses associated with serving adult students.
A.R.S. § 15-1448 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1448
15-1448 Employment of legal counsel; opinions of counsel
Status: in_force

15-1448. Employment of legal counsel; opinions of counsel

A. If a district lies in two or more counties, the county attorney of the largest county in which the district lies as determined by the last federal decennial census is the attorney for the district.

B. A district board may employ an attorney to represent the district if the county attorney consents. The district board shall state in writing the purpose for which it employs an attorney.

C. A district board may employ an attorney without the consent of the county attorney if it deems it advisable.

D. Compensation for an attorney whom the district board employs as provided in subsections B and C of this section is payable from district monies.

E. If a district board employs an attorney without the consent of the county attorney, the county attorney has no duty to represent the district with regard to any matter for which the attorney was employed and is not responsible to the district for any exercise of, or failure to exercise, professional judgment by the attorney in his representation of the district.

F. The county attorney is not required to assume the duty to represent the district on a matter for which the district board employs an attorney without the consent of the county attorney.

G. An attorney employed pursuant to subsection B or C of this section shall represent the district with the powers of and the duties otherwise performed by the county attorney pursuant to section 11-532, subsection A, paragraph 11.

H. Any county attorney who issues a legal opinion to a community college district shall promptly transmit a copy of the opinion 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. If the attorney general revises the opinion, the opinion of the attorney general shall prevail.