A.R.S. § 15-481 — Arizona Code / Title 15 / Chapter 4 / Article 4 / Section 481
15-481 Override election; budget increases; informational pamphlet; notice; ballot; effect
Status: in_force

15-481. Override election; budget increases; informational pamphlet; notice; ballot; effect

A. If a proposed budget of a school district exceeds the aggregate budget limit for the budget year, at least ninety days before the proposed election the governing board shall order an override election to be held on the first Tuesday following the first Monday in November as prescribed by section 16-204, subsection F for the purpose of presenting the proposed budget to the qualified electors of the school district who by a majority of those voting either shall affirm or reject the budget. At the same time as the order of the election, the governing board shall publicly declare the deadline for submitting arguments, as set by the county school superintendent pursuant to subsection B, paragraph 9 of this section, to be submitted in the informational pamphlet and shall immediately post the deadline in a prominent location on the district's website. In addition, the governing board shall prepare an alternate budget that does not include an increase in the budget of more than the amount allowed as provided in section 15-905. If the qualified electors approve the proposed budget, the governing board of the school district shall follow the procedures prescribed in section 15-905 for adopting a budget that includes the authorized increase. If the qualified electors disapprove the proposed budget, the governing board shall follow the procedures prescribed in section 15-905 for adopting a budget that does not include the proposed increase or the portion of the proposed increase that exceeds the amount authorized by a previously approved budget increase as prescribed in subsection P of this section.

B. The county school superintendent shall prepare an informational pamphlet on the proposed increase in the budget and a sample ballot and, at least forty days before the election, shall transmit the informational pamphlet and the sample ballot to the governing board of the school district. The governing board, on receipt of the informational pamphlet and the ballot, shall mail or distribute the informational pamphlet and the ballot to the households in which qualified electors reside within the school district at least thirty-five days before the election. Any distribution of material concerning the proposed increase in the budget shall not be conducted by children enrolled in the school district. The informational pamphlet shall contain the following information:

1. The date of the election.

2. The voter's polling place and the times it is open.

3. The proposed total increase in the budget that exceeds the amount allowed pursuant to section 15-905.

4. The total amount of the current year's budget, the total amount of the proposed budget and the total amount of the alternate budget.

5. If the override is for a period of more than one year, a statement indicating the number of years the proposed increase in the budget would be in effect and the percentage of the school district's revenue control limit that the district is requesting for the future years.

6. The proposed total amount of revenues that will fund the increase in the budget and the amount that will be obtained from a levy of taxes on the taxable property within the school district for the first year for which the budget increase was adopted.

7. The proposed amount of revenues that will fund the increase in the budget and that will be obtained from other than a levy of taxes on the taxable property within the school district for the first year for which the budget increase was adopted.

8. The dollar amount and the purpose for which the proposed increase in the budget is to be expended for the first year for which the budget increase was adopted. The purpose statement shall only present factual information in a neutral manner.  Advocacy for the expenditures is strictly limited to the arguments submitted pursuant to paragraph 9 of this subsection.

9. At least two arguments, if submitted, but not more than ten arguments for and two arguments, if submitted, but not more than ten arguments against the proposed increase in the budget. The arguments shall be in a form prescribed by the county school superintendent, and each argument shall not exceed two hundred words. Arguments for the proposed increase in the budget shall be provided in writing and signed by the governing board. The ballot arguments for the proposed increase in the budget shall be signed as the governing board of the school district without listing any member's individual name for the arguments for the proposed increase. If submitted, additional arguments in favor of the proposed increase in the budget shall be provided in writing with a signed, sworn statement by those in favor. Arguments against the proposed increase in the budget shall be provided in writing with a signed, sworn statement by those in opposition. If the argument is submitted by an organization, it shall contain the sworn statement of two executive officers of the organization. If the argument is submitted by a political committee, it shall contain the sworn statement of the committee's chairperson or treasurer. If the argument is submitted by an individual and not on behalf of an organization, a political committee or any other group, the person shall submit the argument with a sworn, notarized statement. The names of persons and entities submitting written arguments shall be included in the informational pamphlet. Persons signing the argument shall identify themselves by giving their residence address and telephone number, which may not appear in the informational pamphlet, except that the person's city or town and state of residence shall appear in the pamphlet. Any argument that is submitted and that does not comply with this paragraph may not be included in the pamphlet. The county school superintendent shall review all factual statements contained in the written arguments and correct any inaccurate statements of fact. The superintendent shall not review and correct any portion of the written arguments that are identified as statements of the author's opinion. The county school superintendent shall make the written arguments available to the public as provided in title 39, chapter 1, article 2. A deadline for submitting arguments to be included in the informational pamphlet shall be set by the county school superintendent.

10. A statement that the alternate budget shall be adopted by the governing board if the proposed budget is not adopted by the qualified electors of the school district.

11. The current limited property value and the net assessed valuation provided by the department of revenue, the first year tax rate for the proposed override and the estimated amount of the secondary property taxes if the proposed budget is adopted for each of the following:

(a) An owner-occupied residence whose assessed valuation is the average assessed valuation of property classified as class three, as prescribed by section 42-12003 for the current year in the school district.

(b) An owner-occupied residence whose assessed valuation is one-half of the assessed valuation of the residence in subdivision (a) of this paragraph.

(c) An owner-occupied residence whose assessed valuation is twice the assessed valuation of the residence in subdivision (a) of this paragraph.

(d) A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13 for the current year in the school district.

12. If the election is conducted pursuant to subsection L or M of this section, the following information:

(a) An executive summary of the school district's most recent capital improvement plan submitted to the school facilities oversight board.

(b) A complete list of each proposed capital improvement that will be funded with the budget increase and a description of the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities oversight board.

(c) The tax rate associated with each of the proposed capital improvements and the estimated cost of each capital improvement for the owner of a single family home that is valued at $80,000.

C. For the purpose of this section, the school district may use its staff, equipment, materials, buildings or other resources only to distribute the informational pamphlet at the school district office or at public hearings and to produce such information as required in subsection B of this section.  This subsection does not preclude school districts from holding or participating in any public hearings at which testimony is given by at least one person for the proposed increase and one person against the proposed increase. Any written information provided by the district pertaining to the override election shall include financial information showing the estimated first year tax rate for the proposed budget override amount.

D. If any amount of the proposed increase will be funded by a levy of taxes in the district, the election prescribed in subsection A of this section shall be held on the first Tuesday following the first Monday in November as prescribed by section 16-204, subsection F. If the proposed increase will be fully funded by revenues from other than a levy of taxes, the elections prescribed in subsection A of this section shall be held on any date prescribed by section 16-204. The elections shall be conducted as nearly as practicable in the manner prescribed in article 1 of this chapter, sections 15-422 through 15-424 and section 15-426, relating to special elections, except that:

1. The notices required pursuant to section 15-403 shall be posted not less than twenty-five days before the election.

2. Ballots shall be counted pursuant to title 16, chapter 4, article 10.

E. If the election is to exceed the revenue control limit and if the proposed increase will be fully funded by a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice. The ballot shall also contain the amount of the proposed increase of the proposed budget over the alternate budget, a statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection P of this section and the following statement:

Any budget increase authorized by this election shall be entirely funded by a levy of taxes on the taxable property within this school district for the year for which adopted and for ____ subsequent years, shall not be realized from monies furnished by the state and shall not be subject to the limitation on taxes specified in article IX, section 18, Constitution of Arizona. Based on the current net assessed valuation used for secondary property tax purposes, to fund the proposed increase in the school district's budget would require an estimated tax rate of $_____________ per $100 of net assessed valuation used for secondary property tax purposes and is in addition to the school district's tax rate that will be levied to fund the school district's revenue control limit allowed by law.

F. If the election is to exceed the revenue control limit and if the proposed increase will be fully funded by revenues from other than a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice.  The ballot shall also contain:

1. The amount of the proposed increase of the proposed budget over the alternate budget.

2. A statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection P of this section.

3. The following statement:

Any budget increase authorized by this election shall be entirely funded by this school district with revenues from other than a levy of taxes on the taxable property within the school district for the year for which adopted and for ______ subsequent years and shall not be realized from monies furnished by the state.

G. Except as provided in subsection H of this section, the maximum budget increase that may be requested and authorized as provided in subsection E or F of this section or the combination of subsections E and F of this section is fifteen percent of the revenue control limit as provided in section 15-947, subsection A for the budget year.  If a school district requests an override pursuant to section 15-482 or to continue with a budget override pursuant to section 15-482 for pupils in kindergarten programs and grades one through three that was authorized before December 31, 2008, the maximum budget increase that may be requested and authorized as provided in subsection E or F of this section or the combination of subsections E and F of this section is ten percent of the revenue control limit as provided in section 15-947, subsection A for the budget year.

H. Special budget override provisions for school districts with a student count of less than one hundred fifty-four in kindergarten programs and grades one through eight or with a student count of less than one hundred seventy-six in grades nine through twelve are as follows:

1. The maximum budget increase that may be requested and authorized as provided in subsections E and F of this section is the greater of the amount prescribed in subsection G of this section or a limit computed as follows:

(a) For common or unified districts with a student count of less than one hundred fifty-four in kindergarten programs and grades one through eight, the limit computed as prescribed in item (i) or (ii) of this subdivision, whichever is appropriate:

(i)

Small School      Support Level Weight                      Phase Down

Student     Student           for Small Isolated                        Reduction

Count  Count Limit         School Districts              Base Level    Factor

—      125     x     1.358 + (0.0005 x       x      $        =     $

(500 — Student Count))

Small Isolated

Phase Down        Phase Down              School District

Base            Reduction Factor                Elementary Limit

$150,000    -     $                  =     $

(ii)

Small School      Support Level Weight                      Phase Down

Student     Student           for Small                           Reduction

Count  Count Limit   School Districts                Base Level    Factor

—      125   x     1.278 + (0.0003 x       x      $         =     $

(500 - Student Count))

Small

Phase Down        Phase Down              School District

Base            Reduction Factor                Elementary Limit

$150,000    —    $                 =     $

(b) For unified or union high school districts with a student count of less than one hundred seventy-six in grades nine through twelve, the limit computed as prescribed in item (i) or (ii) of this subdivision, whichever is appropriate:

(i)

Small School      Support Level Weight                      Phase Down

Student     Student           for Small Isolated                        Reduction

Count  Count Limit         School Districts              Base Level    Factor

—      100     x     1.468 + (0.0005 x       x      $        =     $    __

(500 — Student Count))

Small Isolated

Phase Down        Phase Down              District

Base      Reduction Factor                Secondary Limit

$350,000    —    $                  =     $

(ii)

Small School      Support Level Weight                      Phase Down

Student     Student           for Small                           Reduction

Count  Count Limit   School Districts                Base Level_   Factor

—      100   x       1.398 + (0.0004 x       x      $        =     $

(500 - Student Count))

Small

Phase Down        Phase Down              School District

Base      Reduction Factor                Secondary Limit

$350,000    —    $                  =     $

(c) If both subdivisions (a) and (b) of this paragraph apply to a unified school district, its limit for the purposes of this paragraph is the combination of its elementary limit and its secondary limit.

(d) If only subdivision (a) or (b) of this paragraph applies to a unified school district, the district's limit for the purposes of this paragraph is the sum of the limit computed as provided in subdivision (a) or (b) of this paragraph plus ten percent of the revenue control limit attributable to those grade levels that do not meet the eligibility requirements of this subsection. If a school district budgets monies outside the revenue control limit pursuant to section 15-949, subsection E, the district's limit for the purposes of this paragraph is only the ten percent of the revenue control limit attributable to those grade levels that are not included under section 15-949, subsection E. For the purposes of this subdivision, the revenue control limit is separated into elementary and secondary components based on the weighted student count as provided in section 15-971, subsection B, paragraph 2, subdivision (a).

2. If a school district utilizes this subsection to request an override of more than one year, the ballot shall include an estimate of the amount of the proposed increase in the future years in place of the statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, as prescribed in subsections E and F of this section.

3. Notwithstanding subsection P of this section, the maximum period of an override authorized pursuant to this subsection is five years.

4. Subsection P, paragraphs 1 and 2 of this section do not apply to overrides authorized pursuant to this subsection.

I. If the election is to exceed the revenue control limit as provided in section 15-482 and if the proposed increase will be fully funded by a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice.  The ballot shall also contain the amount of the proposed increase of the budget over the alternate budget, a statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection Q of this section, and the following statement:

Any budget increase authorized by this election shall be entirely funded by a levy of taxes on the taxable property within this school district for the year for which adopted and for _____ subsequent years, shall not be realized from monies furnished by the state and shall not be subject to the limitation on taxes specified in article IX, section 18, Constitution of Arizona. Based on the current net assessed valuation used for secondary property tax purposes, to fund the proposed increase in the school district's budget that will be funded by a levy of taxes on the taxable property within this school district would require an estimated tax rate of $__________ per $100 of net assessed valuation used for secondary property tax purposes and is in addition to the school district's tax rate that will be levied to fund the school district's revenue control limit allowed by law.

J. If the election is to exceed the revenue control limit as provided in section 15-482 and if the proposed increase will be fully funded by revenues other than a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice. The ballot shall also contain the amount of the proposed increase of the proposed budget over the alternate budget, a statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection Q of this section and the following statement:

Any budget increase authorized by this election shall be entirely funded by this school district with revenues from other than a levy of taxes on the taxable property within the school district for the year for which adopted and for _____ subsequent years and shall not be realized from monies furnished by the state.

K. The maximum budget increase that may be requested and authorized as provided in subsection I or J of this section, or a combination of both of these subsections, is five percent of the revenue control limit as provided in section 15-947, subsection A for the budget year. For a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects as provided in section 15-447, five percent of the revenue control limit means five percent of the revenue control limit attributable to the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight as provided in section 15-971, subsection B.  For a unified school district, five percent of the revenue control limit means five percent of the revenue control limit attributable to the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through twelve. For a union high school district, five percent of the revenue control limit means five percent of the revenue control limit attributable to the weighted student count in grades nine through twelve.

L. If the election is to exceed district additional assistance and if the proposed increase will be fully funded by a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice. An election held pursuant to this subsection shall be held on the first Tuesday after the first Monday of November. The ballot shall also contain the amount of the proposed increase of the proposed budget over the alternate budget and the following statement:

Any budget increase authorized by this election shall be entirely funded by a levy of taxes on the taxable property within this school district for the year in which adopted and for _____ subsequent years, shall not be realized from monies furnished by the state and shall not be subject to the limitation on taxes specified in article IX, section 18, Constitution of Arizona. Based on the current net assessed valuation used for secondary property tax purposes, to fund the proposed increase in the school district's budget would require an estimated tax rate of $____________ per $100 of net assessed valuation used for secondary property tax purposes and is in addition to the school district's tax rate that will be levied to fund the school district's district additional assistance allowed by law.

M. If the election is to exceed district additional assistance and if the proposed increase will be fully funded by revenues from other than a levy of taxes on the taxable property within the school district, the ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice.  An election held pursuant to this subsection shall be held on the first Tuesday after the first Monday of November.  The ballot shall also contain the amount of the proposed increase of the proposed budget over the alternate budget and the following statement:

Any budget increase authorized by this election shall be entirely funded by this school district with revenues from other than a levy of taxes on the taxable property within the school district for the year in which adopted and for ______ subsequent years and shall not be realized from monies furnished by the state.

N. If the election is to exceed a combination of the revenue control limit as provided in subsection E or F of this section, the revenue control limit as provided in subsection I or J of this section or district additional assistance as provided in subsection L or M of this section, the ballot shall be prepared so that the voters may vote on each proposed increase separately and shall contain statements required in the same manner as if each proposed increase were submitted separately.

O. If the election provides for a levy of taxes on the taxable property within the school district, at least thirty days before the election, the department of revenue shall provide the school district governing board and the county school superintendent with the current net assessed valuation of the school district. The governing board and the county school superintendent shall use the current net assessed valuation of the school district to translate the amount of the proposed dollar increase in the budget of the school district over that allowed by law into a tax rate figure.

P. If the voters in a school district vote to adopt a budget in excess of the revenue control limit as provided in subsection E or F of this section, any additional increase shall be included in the aggregate budget limit for each of the years authorized. Any additional increase shall be excluded from the determination of equalization assistance. The school district governing board, however, may levy on the net assessed valuation used for secondary property tax purposes of the property in the school district the additional increase if adopted under subsection E of this section for the period of one year, two years or five through seven years as authorized.  If an additional increase is approved as provided in subsection F of this section, the school district governing board may only use revenues derived from the school district's prior year's maintenance and operation fund ending cash balance to fund the additional increase.  If a budget increase was previously authorized and will be in effect for the budget year or budget year and subsequent years, as provided in subsection E or F of this section, the governing board may request a new budget increase as provided in the same subsection under which the prior budget increase was adopted, which shall not exceed the maximum amount allowed under subsection G of this section. If the voters in the school district authorize the new budget increase amount, the existing budget increase no longer is in effect. If the voters in the school district do not authorize the budget increase amount, the existing budget increase remains in effect for the time period for which it was authorized. The maximum additional increase authorized as provided in subsection E or F of this section and the additional increase that is included in the aggregate budget limit is based on a percentage of a school district's revenue control limit in future years, if the budget increase is authorized for more than one year. If the additional increase:

1. Is for two years, the proposed increase in the second year is equal to the initial proposed percentage increase.

2. Is for five years or more, the proposed increase is equal to the initial proposed percentage increase in the following years of the proposed increase, except that in the next to last year it is two-thirds of the initial proposed percentage increase and it is one-third of the initial proposed percentage increase in the last year of the proposed increase.

Q. If the voters in a school district vote to adopt a budget in excess of the revenue control limit as provided in subsection I or J of this section, any additional increase shall be included in the aggregate budget limit for each of the years authorized.  Any additional increase shall be excluded from the determination of equalization assistance. The school district governing board, however, may levy on the net assessed valuation used for secondary property tax purposes of the property in the school district the additional increase if adopted under subsection I of this section for the period of one year, two years or five through seven years as authorized.  If an additional increase is approved as provided in subsection J of this section, the increase may only be budgeted and expended if sufficient monies are available in the maintenance and operation fund of the school district. If a budget increase was previously authorized and will be in effect for the budget year or budget year and subsequent years, as provided in subsection I or J of this section, the governing board may request a new budget increase as provided in the same subsection under which the prior budget increase was adopted that does not exceed the maximum amount permitted under subsection K of this section. If the voters in the school district authorize the new budget increase amount, the existing budget increase no longer is in effect. If the voters in the school district do not authorize the budget increase amount, the existing budget increase remains in effect for the time period for which it was authorized. The maximum additional increase authorized as provided in subsection I or J of this section and the additional increase that is included in the aggregate budget limit is based on a percentage of a school district's revenue control limit in future years, if the budget increase is authorized for more than one year. If the additional increase:

1. Is for two years, the proposed increase in the second year is equal to the initial proposed percentage increase.

2. Is for five years or more, the proposed increase is equal to the initial proposed percentage increase in the following years of the proposed increase, except that in the next to last year it is two-thirds of the initial proposed percentage increase and it is one-third of the initial proposed percentage increase in the last year of the proposed increase.

R. If the voters in a school district vote to adopt a budget in excess of district additional assistance as provided in subsection L of this section, any additional increase shall be included in the aggregate budget limit for each of the years authorized. The additional increase shall be excluded from the determination of equalization assistance. The school district governing board, however, may levy on the net assessed valuation used for secondary property tax purposes of the property in the school district the additional increase for the period authorized but not to exceed ten years.  For overrides approved by a vote of the qualified electors of the school district at an election held from and after October 31, 1998, the period of the additional increase prescribed in this subsection shall not exceed seven years for any capital override election.

S. If the voters in a school district vote to adopt a budget in excess of district additional assistance as provided in subsection M of this section, any additional increase shall be included in the aggregate budget limit for each of the years authorized. The additional increase shall be excluded from the determination of equalization assistance. The school district governing board may only use revenues derived from the school district's prior year's maintenance and operation fund ending cash balance and capital outlay fund ending cash balance to fund the additional increase for the period authorized but not to exceed ten years. For overrides approved by a vote of the qualified electors of the school district at an election held from and after October 31, 1998, the period of the additional increase prescribed in this subsection shall not exceed seven years for any capital override election.

T. In addition to subsections P and S of this section, from the maintenance and operation fund and capital outlay fund ending cash balances, the school district governing board shall first use any available revenues to reduce its primary tax rate to zero and shall use any remaining revenues to fund the additional increase authorized as provided in subsections F and M of this section.

U. If the voters in a school district disapprove the proposed budget, the alternate budget that, except for any budget increase authorized by a prior election, does not include an increase in the budget in excess of the amount provided in section 15-905 shall be adopted by the governing board as provided in section 15-905.

V. The governing board may request that any override election be cancelled if any change in chapter 9 of this title changes the amount of the aggregate budget limit as provided in section 15-905.  The request to cancel the override election shall be made to the county school superintendent at least eighty days before the date of the scheduled override election.

W. For any election conducted pursuant to subsection L or M of this section:

1. The ballot shall include the following statement in addition to any other statement required by this section:

The capital improvements that are proposed to be funded through this override election are to exceed the state standards and are in addition to monies provided by the state.

___________ school district is proposing to increase its budget by $__________ to fund capital improvements over and above those funded by the state. Under the students first capital funding system, _________ school district is entitled to state monies for new construction and renovation of school buildings in accordance with state law.

2. The ballot shall contain the words "budget increase, yes" and "budget increase, no", and the voter shall signify the voter's desired choice.

3. At least eighty-five days before the election, the school district shall submit proposed ballot language to the director of the Arizona legislative council. The director of the Arizona legislative council shall review the proposed ballot language to determine whether the proposed ballot language complies with this section. If the director of the Arizona legislative council determines that the proposed ballot language does not comply with this section, the director, within ten calendar days after receiving the proposed ballot language, shall notify the school district of the director's objections, and the school district shall resubmit revised ballot language to the director for approval.

X. If the voters approve the budget increase pursuant to subsection L or M of this section, the school district shall not use the override proceeds for any purposes other than the proposed capital improvements listed in the informational pamphlet, except that up to ten percent of the override proceeds may be used for general capital expenses, including cost overruns of proposed capital improvements.

Y. Each school district that currently increases its budget pursuant to this section shall hold a public meeting each year between September 1 and October 31 at which an update of the programs or capital improvements financed through the override is discussed and at which the public is allowed an opportunity to comment and:

1. If the increase is pursuant to subsection L or M of this section, at a minimum, the update shall include the progress of capital improvements financed through the override, a comparison of the current status and the original projections on the construction of capital improvements, the costs of capital improvements and the costs of capital improvements in progress or completed since the prior meeting and the future capital plans of the school district. The school district shall include in the public meeting a discussion of the school district's use of state capital aid and voter-approved bonding in funding capital improvements, if any.

2. If the increase is pursuant to subsection E, F, I or J of this section, the update shall include at a minimum the amount expended in the previous fiscal year and the amount included in the current budget for each of the purposes listed in the informational pamphlet prescribed by subsection B of this section.

Z. If a budget in excess of district additional assistance was previously adopted by the voters in a school district and will be in effect for the budget year or budget year and subsequent years, as provided in subsection L or M of this section, the governing board may request an additional budget in excess of district additional assistance. If the voters in a school district authorize the additional budget in excess of district additional assistance, the existing district additional assistance budget increase remains in effect.

AA. Notwithstanding any other law, the maximum budget increase that may be authorized pursuant to subsection L or M of this section is ten percent of the school district's revenue control limit.

BB. If the election is to continue to exceed the revenue control limit and if the proposed override will be fully funded by a continuation of a levy of taxes on the taxable property in the school district, the ballot shall contain the words "budget override continuation, yes" and "budget override continuation, no", and the voter shall signify the voter's desired choice.  The ballot shall also contain the amount of the proposed continuation of the budget increase of the proposed budget over the alternate budget, a statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection P of this section and the following statement:

Any budget increase continuation authorized by this election shall be entirely funded by a levy of taxes on the taxable property in this school district for the year for which adopted and for _______ subsequent years, shall not be realized from monies furnished by the state and shall not be subject to the limitation on taxes specified in article IX, section 18, Constitution of Arizona. Based on the current net assessed valuation used for secondary property tax purposes, to fund the proposed continuation of the increase in the school district's budget would require an estimated continuation of a tax rate of $______________ per $100 of assessed valuation used for secondary property tax purposes and is in addition to the school district's tax rate that will be levied to fund the school district's revenue control limit allowed by law.

CC. If the election is to continue to exceed the revenue control limit as provided in section 15-482 and if the proposed override will be fully funded by a continuation of a levy of taxes on the taxable property in the school district, the ballot shall contain the words "budget override continuation, yes" and "budget override continuation, no", and the voter shall signify the voter's desired choice. The ballot shall also contain the amount of the proposed continuation of the budget increase of the proposed budget over the alternate budget, a statement that the amount of the proposed increase will be based on a percentage of the school district's revenue control limit in future years, if applicable, as provided in subsection P of this section and the following statement:

Any budget increase continuation authorized by this election shall be entirely funded by a levy of taxes on the taxable property in this school district for the year for which adopted and for ______ subsequent years, shall not be realized from monies furnished by the state and shall not be subject to the limitation on taxes specified in article IX, section 18, Constitution of Arizona. Based on the current net assessed valuation used for secondary property tax purposes, to fund the proposed continuation of the increase in the school district's budget would require an estimated continuation of a tax rate of $______________ per $100 of net assessed valuation used for secondary property tax purposes and is in addition to the school district's tax rate that will be levied to fund the school district's revenue control limit allowed by law.
A.R.S. § 15-461 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 461
15-461 Transporting school districts; joining existing school districts; dissolution
Status: in_force

15-461. Transporting school districts; joining existing school districts; dissolution

A. If a school district does not offer a full-time instructional program in any grade level to the pupils who reside in that school district, transports all of the pupils who reside in that school district to an adjacent school district or school districts for instruction and transports more than three hundred fifty pupils annually to an adjacent school district or school districts, the county school superintendent shall dissolve the transporting school district and annex the geographic boundaries of the transporting school district to the adjacent school district that provides instruction to the majority of the pupils who reside in the transporting school district.

B. The county school superintendent shall make the record of boundaries conform to the annexation and shall notify the board of supervisors and the county assessor of the boundary change.  The change is effective immediately on notification from the county school superintendent.

C. The terms of the governing board members of the previously existing transporting school district do not expire on the effective date of the dissolution of the school district and continue until January 1 following the next general election, during which time the members of the governing board of the previously existing transporting school district shall serve as additional members of the governing board of the adjacent school district.

D. The adjacent school district shall revise its annual budget to reflect the annexation of the transporting school district.

E. The adjacent school district is liable for all indebtedness and liabilities, bonded or otherwise, outstanding against the dissolved transporting school district, and all property, balances and deficits of the dissolved transporting school district become the property, balances and deficits of the adjacent school district.

F. On approval of a majority of the full membership of the governing board of a school district that does not offer a full-time instructional program in any grade level to the pupils who reside in that school district, transports all of the pupils who reside in that school district to another school district or school districts for instruction and transports fewer than ten pupils annually to another school district or school districts, the county school superintendent shall call an election to submit the question of the dissolution of the transporting school district to the qualified electors of the transporting school district.  The resolution adopted by the governing board shall state the reasons for the proposed dissolution, set forth a plan for equitable adjustment, division and disposition of the assets and liabilities of the school district and provide a plan for the assumption of the outstanding indebtedness of the school district.  Except as otherwise provided in this subsection, the election shall be conducted as nearly as practicable in the manner prescribed in this article. The ballots shall contain the words "dissolution of transporting school district, yes" and "dissolution of transporting school district, no", and the voter shall signify the voter's desired choice.  If a majority of the qualified electors voting on the question in the transporting school district approve the dissolution of the school district, the school district is dissolved and the area within the boundaries of the former transporting school district shall revert to unorganized territory.
A.R.S. § 15-902.04 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 902.04
15-902.04 Optional two hundred days of instruction; definition
Status: in_force

15-902.04. Optional two hundred days of instruction; definition

A. A school district, charter holder or private residential facility that elects to provide at least two hundred days of instruction may increase its base level by five percent. A school district, charter holder or private residential facility that elects to provide at least two hundred days of instruction shall obtain approval from the department of education before the beginning of the fiscal year that the school district, charter holder or private residential facility is planning on offering instruction for at least two hundred days. The school district, charter holder or private residential facility shall ensure that the last day of instruction in any school year occurs before June 30.  The school district, charter school or private residential facility shall increase its annual instructional hours by at least ten percent in order to receive the base level increase prescribed in this section.

B. For the purposes of this section, "private residential facility" has the same meaning prescribed in section 15-1181.
A.R.S. § 15-916 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 916
15-916 Expenditure of state grant monies not included in budget
Status: in_force

15-916. Expenditure of state grant monies not included in budget

If the governing board of a school district receives a grant from this state for a specific program and did not include the grant in the district's budget, the governing board may, with the approval of the county school superintendent, authorize the expenditure of the grant monies in excess of the budget by action taken at a public meeting of the governing board. Within thirty days of the action, the governing board shall notify the department of education of the amount of the expenditures authorized. The amount which the district may expend in excess of the budget is equal to the amount of the grant monies which were not included in the budget for that fiscal year.
A.R.S. § 15-510 — Arizona Code / Title 15 / Chapter 5 / Article 1 / Section 510
15-510 Authorization of leaves of absence; application; preservation of rights
Status: in_force

15-510. Authorization of leaves of absence; application; preservation of rights

A. The governing board may authorize leaves of absence for school district personnel when it deems such leaves of absence to be reasonable and for good cause and not detrimental to education within the school district.

B. Leaves of absence shall be limited to a period of not to exceed one year.

C. Leaves of absence shall be granted upon application stating the purpose of the leave of absence, the facts as to its necessity or advisability and other information helpful to the governing board in making a determination as to whether the leave should be granted.

D. Sabbatical leaves of absence may be granted by the governing board to certificated teachers and administrators under this section upon the following additional conditions for the following purposes only:

1. Sabbatical leave of absence may be granted only for the purposes of continuing professional education.

2. Sabbatical leave may not exceed a period of one year and may only be granted to a certificated teacher or an administrator who has been employed by the school district for a period of seven consecutive years immediately prior to the time the sabbatical leave is to commence, and who has not previously been granted a sabbatical leave of absence by the governing board.

3. The governing board may authorize a salary to be paid to the person to whom sabbatical leave is granted of not to exceed one-half of the salary then received by him.

4. The salary shall be paid to such person upon the condition that he shall return not later than one year after commencement of the sabbatical leave for renewal of employment for at least one school year, and unless he returns within such period, he shall repay to the school district the amount paid to him during the leave period, and, unless such amount is so paid, the governing board shall direct the county attorney to institute suit against such person to collect such amount.

E. If leave is granted, all rights prescribed in sections 15-538.01, 15-539 through 15-544 and 15-547 for certificated teachers who have been employed by the school district for more than the major portion of three consecutive school years and all rights of retirement, accrued leave with pay, salary increments and other benefits provided by law shall be preserved and available to the employee after the termination of the leave of absence.
A.R.S. § 15-105 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 105
15-105 Use of restraint and seclusion techniques; requirements; definitions
Status: in_force

15-105. Use of restraint and seclusion techniques; requirements; definitions

A. A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:

1. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others.

2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.

B. If a restraint or seclusion technique is used on a pupil:

1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.

2. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others.

3. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.

4. The restraint technique employed may not impede the pupil's ability to breathe.

5. The restraint technique may not be out of proportion to the pupil's age or physical condition.

C. Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.

D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:

1. School personnel shall provide the pupil's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident.

2. Within a reasonable time following the incident, school personnel shall provide the pupil's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.

3. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year.  The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.

E. If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under subsection D of this section. Notwithstanding this section, school resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.

F. This section does not prohibit schools from adopting policies pursuant to section 15-843, subsection B, paragraph 3.

G. For the purposes of this section:

1. "Restraint" means any method or device that immobilizes or reduces the ability of a pupil to move the pupil's torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following:

(a) Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.

(b) The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location.

(c) The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil.

(d) Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person.

2. "School" means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona state schools for the deaf and the blind and a private school.

3. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming.
A.R.S. § 15-1656 — Arizona Code / Title 15 / Chapter 13 / Article 3 / Section 1656
15-1656 Suicide prevention training programs; requirements
Status: in_force

15-1656. Suicide prevention training programs; requirements

Each teacher, school counselor or school social worker training program in this state shall develop or adopt evidenced-based instruction on suicide awareness and prevention and provide that instruction to all teacher, school counselor and school social worker candidates in the respective training program. The instruction shall include:

1. Training in suicide prevention.

2. Training to identify the warning signs of suicidal behavior in adolescents and teens.

3. Appropriate intervention and referral techniques.
A.R.S. § 15-1629 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1629
15-1629 Annual report
Status: in_force

15-1629. Annual report

Within ninety days after the close of each fiscal year the Arizona board of regents shall make a report for the fiscal year to the governor. The report shall set forth the state of progress of the universities in their several colleges, schools and departments, the courses of study included in their curricula, the number of professors, other instructional faculty and staff members employed, the number of students registered and attending classes, the amount of receipts and expenditures and such other information as the board deems proper.
A.R.S. § 15-1878 — Arizona Code / Title 15 / Chapter 14 / Article 7 / Section 1878
15-1878 Limits of article
Status: in_force

15-1878. Limits of article

A. This article does not:

1. Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner.

2. Guarantee that a designated beneficiary will be admitted to an eligible educational institution or be allowed to continue enrollment at or graduate from an eligible educational institution located in this state after admission.

3. Establish state residency for a person merely because the person is a designated beneficiary.

4. Guarantee that amounts saved pursuant to the plan will be sufficient to cover the qualified higher education expenses of a designated beneficiary.

B. This article does not establish any obligation of this state or any agency or instrumentality of this state to guarantee for the benefit of any account owner, contributor to an account or designated beneficiary any of the following:

1. The return of any amounts contributed to an account.

2. The rate of interest or other return on any account.

3. The payment of interest or other return on any account.

4. Tuition rates or the cost of related higher education expenditures.

C. Under rules adopted by the treasurer, every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this state and that neither the principal deposited nor the investment return is guaranteed by this state.
A.R.S. § 15-212 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 212
15-212 Expenditure of private funds; exemption
Status: in_force

15-212. Expenditure of private funds; exemption

A. Prior to expenditure of any monies granted to the state board of education by a private organization, the superintendent of public instruction shall present a plan governing the expenditure of such funds to the state board of education for approval.

B. Upon approval of the plan by the state board of education, the superintendent of public instruction may expend the private grants as provided in the plan.

C. Any funds granted to the state board of education as a private grant shall be exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 15-327 — Arizona Code / Title 15 / Chapter 3 / Article 2 / Section 327
15-327 Advisory meetings of school district electors; notice; procedure; effect
Status: in_force

15-327. Advisory meetings of school district electors; notice; procedure; effect

A. The governing board may call meetings of the qualified school electors of the school district for consultation concerning any litigation in which the district is engaged or is likely to become engaged, or concerning any other affairs of the district not otherwise provided for.

B. Upon a petition of fifteen per cent or one thousand of the qualified electors of the school district as shown by the last regular school election, the governing board shall call such meeting.

C. Meetings of electors shall be called by posting notices in three public places in the school district, including the door of the school building, for not less than ten days preceding the meeting. The notices shall specify the purpose for which the meeting is called, and no other business shall be transacted at the meeting.

D. A school district meeting shall be called to order and presided over by the president of the governing board or, in his absence, by an elector chosen by the electors present. At the meetings all voting shall be by ballot of the qualified school electors. In all matters the meeting may exercise advisory power only.
A.R.S. § 15-342 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 342
15-342 Discretionary powers
Status: in_force

15-342. Discretionary powers

The governing board may:

1. Expel pupils for misconduct.

2. Exclude from grades one through eight children under six years of age.

3. Make such separation of groups of pupils as it deems advisable.

4. Maintain such special schools during vacation as deemed necessary for the benefit of the pupils of the school district.

5. Allow a superintendent or principal or representatives of the superintendent or principal to travel for a school purpose, as determined by a majority vote of the board. The board may allow members and members-elect of the board to travel within or without the school district for a school purpose and receive reimbursement. Any expenditure for travel and subsistence pursuant to this paragraph shall be as provided in title 38, chapter 4, article 2. The designated post of duty referred to in section 38-621 shall be construed, for school district governing board members, to be the member's actual place of residence, as opposed to the school district office or the school district boundaries.  Such expenditures shall be a charge against the budgeted school district funds. The governing board of a school district shall prescribe procedures and amounts for reimbursement of lodging and subsistence expenses. Reimbursement amounts shall not exceed the maximum amounts established pursuant to section 38-624, subsection C.

6. Construct or provide in rural districts housing facilities for teachers and other school employees that the board determines are necessary to operate the school.

7. Sell or lease to the state, a county, a city, another school district or a tribal government agency any school property required for a public purpose if the sale or lease of the property will not affect the normal operations of a school within the school district.

8. Annually budget and spend monies for membership in an association of school districts within this state.

9. Enter into leases or lease-purchase agreements for school buildings or grounds, or both, as lessor or as lessee, for periods of less than twenty years subject to voter approval for construction of school buildings as prescribed in section 15-341, subsection A, paragraph 7.

10. Subject to title 41, chapter 56, sell school sites or enter into leases or lease-purchase agreements for school buildings and grounds, as lessor or as lessee, for a period of twenty years or more, but not to exceed ninety-nine years, if authorized by a vote of the school district electors in an election called by the governing board as provided in section 15-491, except that authorization by the school district electors in an election is not required if one of the following requirements is met:

(a) The market value of the school property is less than $50,000 or the property is procured through a renewable energy development agreement, an energy performance contract, which among other items includes a renewable energy power service agreement, or a simplified energy performance contract pursuant to section 15-213.01.

(b) The buildings and sites are completely funded with monies distributed by the school facilities division within the department of administration or at the direction of the school facilities oversight board, or its predecessor.

(c) The transaction involves the sale of improved or unimproved property pursuant to an agreement with the school facilities oversight board in which the school district agrees to sell the improved or unimproved property and transfer the proceeds of the sale to the school facilities oversight board in exchange for monies from the school facilities oversight board for the acquisition of a more suitable school site. For a sale of property acquired by a school district before July 9, 1998, a school district shall transfer to the school facilities oversight board that portion of the proceeds that equals the cost of the acquisition of a more suitable school site.  If there are any remaining proceeds after the transfer of monies to the school facilities oversight board, a school district shall only use those remaining proceeds for future land purchases approved by the school facilities oversight board, or for capital improvements not funded by the school facilities oversight board for any existing or future facility.

(d) The transaction involves the sale of improved or unimproved property pursuant to a formally adopted plan and the school district uses the proceeds of this sale to purchase other property that will be used for similar purposes as the property that was originally sold if the sale proceeds of the improved or unimproved property are used within two years after the date of the original sale to purchase the replacement property. If the sale proceeds of the improved or unimproved property are not used within two years after the date of the original sale to purchase replacement property, the sale proceeds shall be used toward paying any outstanding bonded indebtedness. If any sale proceeds remain after paying for outstanding bonded indebtedness, or if the district has no outstanding bonded indebtedness, sale proceeds shall be used to reduce the district's primary tax levy. A school district shall not use this subdivision unless all of the following conditions exist:

(i) The school district is the sole owner of the improved or unimproved property that the school district intends to sell.

(ii) The school district did not purchase the improved or unimproved property that the school district intends to sell with monies that were distributed pursuant to title 41, chapter 56.

(iii) The transaction does not violate section 15-341, subsection G.

11. Review the decision of a teacher to promote a pupil to a grade or retain a pupil in a grade in a common school or to pass or fail a pupil in a course in high school. The pupil has the burden of proof to overturn the decision of a teacher to promote, retain, pass or fail the pupil.  In order to sustain the burden of proof, the pupil shall demonstrate to the governing board that the pupil has mastered the academic standards adopted by the state board of education pursuant to sections 15-701 and 15-701.01.  If the governing board overturns the decision of a teacher pursuant to this paragraph, the governing board shall adopt a written finding that the pupil has mastered the academic standards. Notwithstanding title 38, chapter 3, article 3.1, the governing board shall review the decision of a teacher to promote a pupil to a grade or retain a pupil in a grade in a common school or to pass or fail a pupil in a course in high school in executive session unless a parent or legal guardian of the pupil or the pupil, if emancipated, disagrees that the review should be conducted in executive session and then the review shall be conducted in an open meeting.  If the review is conducted in executive session, the board shall notify the teacher of the date, time and place of the review and shall allow the teacher to be present at the review. If the teacher is not present at the review, the board shall consult with the teacher before making its decision. Any request, including the written request as provided in section 15-341, the written evidence presented at the review and the written record of the review, including the decision of the governing board to accept or reject the teacher's decision, shall be retained by the governing board as part of its permanent records.

12. Provide transportation or site transportation loading and unloading areas for any child or children if deemed for the best interest of the district, whether within or without the district, county or state.

13. Enter into intergovernmental agreements and contracts with school districts or other governing bodies as provided in section 11-952.  Intergovernmental agreements and contracts between school districts or between a school district and other governing bodies as provided in section 11-952 are exempt from competitive bidding under the procurement rules adopted by the state board of education pursuant to section 15-213.

14. Include in the curricula it prescribes for high schools in the school district career and technical education, vocational education and technology education programs and career and technical, vocational and technology program improvement services for the high schools, subject to approval by the state board of education. The governing board may contract for the provision of career and technical, vocational and technology education as provided in section 15-789.

15. Suspend a teacher or administrator from the teacher's or administrator's duties without pay for a period of time of not to exceed ten school days, if the board determines that suspension is warranted pursuant to section 15-341, subsection A, paragraph 21 or 22.

16. Dedicate school property within an incorporated city or town to that city or town or within a county to that county for use as a public right-of-way if both of the following apply:

(a) Pursuant to an ordinance adopted by the city, town or county, there will be conferred on the school district privileges and benefits that may include benefits related to zoning.

(b) The dedication will not affect the normal operation of any school within the district.

17. Enter into option agreements for the purchase of school sites.

18. Donate surplus or outdated learning materials, educational equipment and furnishings to nonprofit community organizations if the governing board determines that the anticipated cost of selling the learning materials, educational equipment or furnishings equals or exceeds the estimated market value of the materials.

19. Prescribe policies to assess reasonable fees for students to use district-provided parking facilities. The fees are to be applied by the district solely against costs incurred in operating or securing the parking facilities.  Any policy adopted by the governing board pursuant to this paragraph shall include a fee waiver provision in appropriate cases of need or economic hardship.

20. Establish alternative education programs that are consistent with the laws of this state to educate pupils, including pupils who have been reassigned pursuant to section 15-841, subsection E or F.

21. Require a period of silence to be observed at the commencement of the first class of the day in the schools. If a governing board chooses to require a period of silence to be observed, the teacher in charge of the room in which the first class is held shall announce that a period of silence not to exceed one minute in duration will be observed for meditation, and during that time no activities shall take place and silence shall be maintained.

22. Require students to wear uniforms.

23. Exchange unimproved property or improved property, including school sites, if the governing board determines that the improved property is unnecessary for the continued operation of the school district without requesting authorization by a vote of the school district electors and if the governing board determines that the exchange is necessary to protect the health, safety or welfare of pupils or if the governing board determines that the exchange is based on sound business principles for either:

(a) Unimproved or improved property of equal or greater value.

(b) Unimproved property that the owner contracts to improve if the value of the property ultimately received by the school district is of equal or greater value.

24. For common and high school pupils, assess reasonable fees for optional extracurricular activities and programs conducted when the common or high school is not in session, except that fees shall not be charged for pupils' access to or use of computers or related materials.  For high school pupils, the governing board may assess reasonable fees for fine arts and vocational education courses and for optional services, equipment and materials offered to the pupils beyond those required to successfully complete the basic requirements of any other course, except that fees shall not be charged for pupils' access to or use of computers or related materials. Fees assessed pursuant to this paragraph shall be adopted at a public meeting after notice has been given to all parents of pupils enrolled at schools in the district and shall not exceed the actual costs of the activities, programs, services, equipment or materials. The governing board shall authorize principals to waive the assessment of all or part of a fee assessed pursuant to this paragraph if it creates an economic hardship for a pupil. For the purposes of this paragraph, "extracurricular activity" means any optional, noncredit, educational or recreational activity that supplements the education program of the school, whether offered before, during or after regular school hours.

25. Notwithstanding section 15-341, subsection A, paragraphs 7 and 9, construct school buildings and purchase or lease school sites, without a vote of the school district electors, if the buildings and sites are totally funded from one or more of the following:

(a) Monies in the unrestricted capital outlay fund, except that the estimated cost shall not exceed $250,000 for a district that uses section 15-949.

(b) Monies distributed at the direction of the school facilities oversight board established by section 41-5701.02 or by the school facilities division within the department of administration pursuant to title 41, chapter 56.

(c) Monies specifically donated for the purpose of constructing school buildings.

This paragraph does not eliminate the requirement for an election to raise revenues for a capital outlay override pursuant to section 15-481 or a bond election pursuant to section 15-491.

26. Conduct a background investigation that includes a fingerprint check conducted pursuant to section 41-1750, subsection G for certificated personnel and personnel who are not paid employees of the school district, as a condition of employment. A school district may release the results of a background check to another school district for employment purposes.  The school district may charge the costs of fingerprint checks to its fingerprinted employee, except that the school district may not charge the costs of fingerprint checks for personnel who are not paid employees of the school district.

27. Unless otherwise prohibited by law, sell advertising as follows:

(a) Advertisements shall be age appropriate and not promote any substance that is illegal for minors such as alcohol, tobacco and drugs or gambling.  Advertisements shall comply with the state sex education policy of abstinence.

(b) Advertising approved by the governing board for the exterior of school buses may appear only on the sides of the bus in the following areas:

(i) The signs shall be below the seat level rub rail and not extend above the bottom of the side windows.

(ii) The signs shall be at least three inches from any required lettering, lamp, wheel well or reflector behind the service door or stop signal arm.

(iii) The signs shall not extend from the body of the bus so as to allow a handhold or present a danger to pedestrians.

(iv) The signs shall not interfere with the operation of any door or window.

(v) The signs shall not be placed on any emergency doors.

(c) The school district shall establish an advertisement fund that is composed of revenues from the sale of advertising. The monies in an advertisement fund are not subject to reversion.

28. Assess reasonable damage deposits to pupils in grades seven through twelve for using textbooks, musical instruments, band uniforms or other equipment required for academic courses. The governing board shall adopt policies on any damage deposits assessed pursuant to this paragraph at a public meeting called for this purpose after providing notice to all parents of pupils in grades seven through twelve in the school district.  Principals of individual schools within the district may waive the damage deposit requirement for any textbook or other item if the payment of the damage deposit would create an economic hardship for the pupil. The school district shall return the full amount of the damage deposit for any textbook or other item if the pupil returns the textbook or other item in reasonably good condition within the time period prescribed by the governing board. For the purposes of this paragraph, "in reasonably good condition" means the textbook or other item is in the same or a similar condition as it was when the pupil received it, plus ordinary wear and tear.

29. Notwithstanding section 15-1105, expend surplus monies in the civic center school fund for maintenance and operations or unrestricted capital outlay if sufficient monies are available in the fund after meeting the needs of programs established pursuant to section 15-1105.

30. Notwithstanding section 15-1143, spend surplus monies in the community school program fund for maintenance and operations or unrestricted capital outlay if sufficient monies are available in the fund after meeting the needs of programs established pursuant to section 15-1142.

31. Adopt guidelines to standardize the format of the school report cards required by section 15-746 for schools within the district.

32. Adopt policies that require parental notification when a law enforcement officer interviews a pupil on school grounds. Policies adopted pursuant to this paragraph shall not impede a peace officer from performing the peace officer's duties. If the school district governing board adopts a policy that requires parental notification:

(a) The policy may provide reasonable exceptions to the parental notification requirement.

(b) The policy shall set forth whether and under what circumstances a parent may be present when a law enforcement officer interviews the pupil, including reasonable exceptions to the circumstances under which a parent may be present when a law enforcement officer interviews the pupil, and shall specify a reasonable maximum time after a parent is notified that an interview of a pupil by a law enforcement officer may be delayed to allow the parent to be present.

33. Enter into voluntary partnerships with any party to finance with monies other than school district monies and cooperatively design school facilities that comply with the adequacy standards prescribed in section 41-5711 and the square footage per pupil requirements pursuant to section 41-5741, subsection D, paragraph 3, subdivision (b). The design plans and location of any such school facility shall be submitted to the school facilities oversight board for approval pursuant to section 41-5741, subsection 0. If the school facilities oversight board approves the design plans and location of any such school facility, the party in partnership with the school district may cause to be constructed and the district may begin operating the school facility before monies are distributed at the direction of the school facilities oversight board pursuant to section 41-5741. Monies distributed from the new school facilities fund to a school district in a partnership with another party to finance and design the school facility shall be paid to the school district pursuant to section 41-5741. The school district shall reimburse the party in partnership with the school district from the monies paid to the school district pursuant to section 41-5741, in accordance with the voluntary partnership agreement. Before the school facilities oversight board directs the distribution of any monies pursuant to this subsection, the school district shall demonstrate to the school facilities oversight board that the facilities to be funded pursuant to section 41-5741, subsection O meet the minimum adequacy standards prescribed in section 41-5711. If the cost to construct the school facility exceeds the amount that the school district receives from the new school facilities fund, the partnership agreement between the school district and the other party shall specify that, except as otherwise provided by the other party, any such excess costs shall be the responsibility of the school district. The school district governing board shall adopt a resolution in a public meeting that an analysis has been conducted on the prospective effects of the decision to operate a new school with existing monies from the school district's maintenance and operations budget and how this decision may affect other schools in the school district. If a school district acquires land by donation at an appropriate school site approved by the school facilities oversight board and a school facility is financed and built on the land pursuant to this paragraph, the school facilities oversight board shall direct the distribution of an amount equal to twenty percent of the fair market value of the land that can be used for academic purposes. The school district shall place the monies in the unrestricted capital outlay fund and increase the unrestricted capital budget limit by the amount of the monies placed in the fund. Monies distributed under this paragraph shall be distributed from the new school facilities fund pursuant to section 41-5741. If a school district acquires land by donation at an appropriate school site approved by the school facilities oversight board and a school facility is financed and built on the land pursuant to this paragraph, the school district shall not receive monies for the donation of real property pursuant to section 41-5741, subsection F. It is unlawful for:

(a) A county, city or town to require as a condition of any land use approval that a landowner or landowners that entered into a partnership pursuant to this paragraph provide any contribution, donation or gift, other than a site donation, to a school district. This subdivision only applies to the property in the voluntary partnership agreement pursuant to this paragraph.

(b) A county, city or town to require as a condition of any land use approval that the landowner or landowners located within the geographic boundaries of the school subject to the voluntary partnership pursuant to this paragraph provide any donation or gift to the school district except as provided in the voluntary partnership agreement pursuant to this paragraph.

(c) A community facilities district established pursuant to title 48, chapter 4, article 6 to be used for reimbursement of financing the construction of a school pursuant to this paragraph.

(d) A school district to enter into an agreement pursuant to this paragraph with any party other than a master planned community party.  Any land area consisting of at least three hundred twenty acres that is the subject of a development agreement with a county, city or town entered into pursuant to section 9-500.05 or 11-1101 shall be deemed to be a master planned community. For the purposes of this subdivision, "master planned community" means a land area consisting of at least three hundred twenty acres, which may be noncontiguous, that is the subject of a zoning ordinance approved by the governing body of the county, city or town in which the land is located that establishes the use of the land area as a planned area development or district, planned community development or district, planned unit development or district or other land use category or district that is recognized in the local ordinance of such county, city or town and that specifies the use of such land is for a master planned development.

34. Enter into an intergovernmental agreement with a presiding judge of the juvenile court to implement a law-related education program as defined in section 15-154. The presiding judge of the juvenile court may assign juvenile probation officers to participate in a law-related education program in any school district in the county. The cost of juvenile probation officers who participate in the program implemented pursuant to this paragraph shall be funded by the school district.

35. Offer to sell outdated learning materials, educational equipment or furnishings at a posted price commensurate with the value of the items to pupils who are currently enrolled in that school district before those materials are offered for public sale.

36. If the school district is a small school district as defined in section 15-901, and if allowed by federal law, opt out of federal grant opportunities if the governing board determines that the federal requirements impose unduly burdensome reporting requirements.

37. Prescribe and enforce policies and procedures for the emergency administration of inhalers by trained employees of the school district and nurses who are under contract with the school district pursuant to section 15-158.

38. Develop policies and procedures to allow principals to budget for or assist with budgeting federal, state and local monies.

39. Subject to article IX, section 7, Constitution of Arizona, the laws pertaining to travel and subsistence, gifts, grants, including federal grants, or devises and policies adopted by the department of education, provide food and beverages at school district events, including official school functions and trainings.
A.R.S. § 15-160.03 — Arizona Code / Title 15 / Chapter 1 / Article 5 / Section 160.03
15-160.03 Department of child safety caseworker; school visit; identification requirement
Status: in_force

15-160.03. Department of child safety caseworker; school visit; identification requirement

A. When a department of child safety caseworker visits a child at the child's school for the purpose of an interview, the school shall require that the caseworker present the caseworker's department of child safety identification. The caseworker may be asked to show the caseworker's valid driver license or valid nonoperating identification license on request. The school may not keep a digital or physical record of the caseworker's personal identifying information. The school may keep a digital or physical record of the caseworker's department of child safety identification.

B. If a department of child safety caseworker declines or is unable to provide the forms of identification listed in subsection A of this section, the department of child safety caseworker shall provide the child's school with the contact information for the department of child safety office where the caseworker is employed.  The school shall contact the department of child safety office and verify the caseworker's identification and employment.
A.R.S. § 15-244.01 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 244.01
15-244.01 Tribal college dual enrollment program fund; intergovernmental agreements
Status: in_force

15-244.01. Tribal college dual enrollment program fund; intergovernmental agreements

A. The tribal college dual enrollment program fund is established consisting of monies deposited pursuant to section 5-568, other monies appropriated by the legislature and gifts, grants, devises and other contributions of monies or property from any lawful public or private source. The department of education shall administer the fund.  The department shall distribute monies in the fund to provide choice and access to higher education for high school students in this state by compensating tribal colleges for books and instructional materials and for tuition and fees that are waived to allow high school students to attend classes at tribal college campuses, including classes that are provided electronically by the tribal college to high school students.  Monies in the fund are subject to legislative appropriation. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. The office of Indian education within the department may provide technical assistance to tribal colleges and high schools in connection with initiating and operating a dual enrollment program.

C. A tribal college dual enrollment program may offer courses pursuant to intergovernmental agreements with high schools that are located outside of a reservation to student members of a tribe living off of the reservation and to other students. A course offered pursuant to this subsection must qualify for a certificate or degree program and must relate to tribal language, government or culture or any other college subject.
A.R.S. § 15-756.09 — Arizona Code / Title 15 / Chapter 7 / Article 3.1 / Section 756.09
15-756.09 Teacher training
Status: in_force

15-756.09. Teacher training

A. The state board of education shall determine the qualifications necessary for a provisional and full structured English immersion endorsement.

B. Training may be allowed that is not provided by a college or university to substitute for any of the courses required for a structured English immersion endorsement or a bilingual education endorsement if all of the following conditions apply:

1. The state board of education has reviewed the curricula, textbooks, grading procedures and attendance policies and determined that the training is comparable in amount, scope and quality to a course offered by a college or university for a structured English immersion or bilingual education endorsement.

2. The training meets the professional teaching standards adopted by the state board of education.

3. The state board of education has reviewed the qualifications of the instructor and determined that the instructor has sufficient experience to effectively conduct the training.

C. The state board of education shall require all approved teacher training programs that provide a degree in education to require courses that are necessary to obtain a full structured English immersion endorsement.

D. Notwithstanding section 15-203 or subsection A of this section, a provisional or full structured English immersion endorsement may not be required for the purposes of teacher certification pursuant to section 15-203 if the person is not being certificated to teach students in a sheltered English immersion or structured English immersion model pursuant to this article. This subsection does not prohibit a school district or charter school from requiring a structured English endorsement pursuant to this section as a condition of employment.
A.R.S. § 15-554 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 554
15-554 School districts and charter schools; locally based school leadership preparation program providers; certification; rules
Status: in_force

15-554. School districts and charter schools; locally based school leadership preparation program providers; certification; rules

A. In addition to any alternative preparation program provider path approved by the state board of education, a school district or charter school may apply to the state board of education for authority to approve the certification of principals, assistant principals, supervisors and other school-level leadership positions as a locally based school leadership preparation program provider.

B. The state board of education shall adopt rules, policies and procedures to be administered by the department of education.  The rules may not be more restrictive or require more than is prescribed in this section. The rules shall facilitate the approval and certification process pursuant to this section and provide for all of the following:

1. The superintendent of a school district or the principal of a charter school must verify that the applicant for certification has made satisfactory progress in the program sequence and model, which may include professional evaluations of the applicant, observations of the applicant, student achievement data and demonstration of competencies, skills and knowledge associated with the relevant school leadership position.

2. A school district or charter school must submit a program sequence or training schedule along with any information regarding the learning experiences, mentoring and coaching of school leader candidates. The state board of education shall provide for a variety of options in program sequence, content and design and may not require a prescribed program sequence, content or design from the school district or charter school in order to obtain approval from the state board.

3. A school district or charter school must submit evidence supporting the efficacy of the school district's or charter school's preparation program. A school district or charter school may contract with a third-party provider to provide or assist in the preparation program and may use that program's efficacy evidence to meet the requirements of this paragraph.

4. A school district or charter school may adopt professional expectations and requirements that exceed the requirements prescribed by this section, including requiring candidates to complete specified coursework or trainings.

5. An applicant for certification pursuant to this section must hold at least a bachelor's degree from an accredited public or private postsecondary institution and meet background and fingerprint clearance card requirements pursuant to section 15-534.

6. An applicant pursuing certification pursuant to this section must demonstrate subject knowledge and professional knowledge through any available option pursuant to section 15-533.

7. The application for a school district or charter school to be a locally based school leadership program provider must include the following:

(a) The name of the school district or charter school applying.

(b) A list of all staff members responsible for administering the program and the roles and responsibilities of each person.

(c) The areas of certification for which the applicant will offer the program.

(d) A description of the program.

C. On the submission of verification from a school district or charter school that the requirements prescribed in this section have been met, the state board shall issue a standard principal, assistant principal, supervisor or other school-level leadership position certificate to the individual.

D. Notwithstanding any other law, a school district or charter school may hire and enroll into its preparation program any candidate who meets the requirements of subsection B, paragraph 5 of this section.

E. If a school district or charter school is approved as a locally based school leadership program provider pursuant to this section, the approval is valid for six years after the date of approval. To continue as a locally based school leadership program provider, the school district or charter school must apply for renewal before the expiration of its current approval.  If the application for renewal is approved by the state board of education, the renewal is valid for six years after the date of the approval.
A.R.S. § 15-1822 — Arizona Code / Title 15 / Chapter 14 / Article 2 / Section 1822
15-1822 Report; academic performance of high school graduates
Status: in_force

15-1822. Report; academic performance of high school graduates

A. On or before October 31, each community college district and the Arizona board of regents shall submit a report to the president of the senate, the speaker of the house of representatives, the superintendent of public instruction and the state board of education and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records, on the academic performance of the preceding year's graduates from high schools in this state enrolled in institutions under their jurisdiction during the year ending on June 30 of the current calendar year. The report shall include for each school at least the following:

1. The number of graduates of the school who were enrolled in the institution during the reporting period.

2. Information about the academic performance of graduates of the school in mathematics and English courses.

B. On or before September 1, each institution under the jurisdiction of the Arizona board of regents shall submit to the Arizona board of regents in the form specified by the Arizona board of regents the information that the Arizona board of regents needs to compile the report required under this section.

C. The superintendent of public instruction shall provide each high school in this state with a copy of the portion of the report that is applicable to its graduates.
A.R.S. § 15-189.07 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 189.07
15-189.07 Library collection; parental access; public review; exemption
Status: in_force

15-189.07. Library collection; parental access; public review; exemption

A. Each charter school governing body shall do all of the following:

1. Beginning January 1, 2023, in consultation with parents, teachers and administrators, develop and adopt procedures by which parents have access to the charter school's library collection of available books and materials and may receive a list of books and materials borrowed from the library by their children.

2. Make available on the charter school's website for review by the public a list of all books and materials purchased after January 1, 2023 for any of the charter school's school libraries for a period of at least sixty days after the purchase. Each charter school site 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.

3. Ensure that each charter school site notifies the parents of each pupil enrolled at the charter school site of the opening and closing dates of the public review required under paragraph 2 of this section within seven school days before the opening date.

B. Charter school sites without a full-time library media specialist or an equivalent position are exempt from the requirements of this section and from any procedures adopted pursuant to this section.
A.R.S. § 15-1281 — Arizona Code / Title 15 / Chapter 10.1 / Article 1 / Section 1281
15-1281 Student support and safety fund; exemption; distribution; definitions
Status: in_force

15-1281. Student support and safety fund; exemption; distribution; definitions

(Caution:  1998 Prop. 105 applies)

A. The student support and safety fund is established consisting of monies deposited pursuant to section 43-1013, private donations and interest earned on those monies.  Monies in the fund are continuously appropriated.  Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund, and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The state treasurer shall administer the fund.

B. All monies in the student support and safety fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

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

2. The actual reasonable costs incurred by the auditor general and department of education to implement section 15-1284.

3. The actual reasonable costs incurred by the department of revenue to implement and enforce section 43-1013.

4. The actual reasonable costs incurred by the state board of education to implement subsection D, paragraph 3 of this section.

5. Any other mandatory expenditure of state revenues required to implement this chapter and the invest in education act.

C. The state treasurer may prescribe forms necessary to make transfers from the student support and safety fund pursuant to subsection B of this section.

D. On or before June 30 and December 31 of each year, the state treasurer shall transfer all monies in the student support and safety fund in excess of the amounts paid pursuant to subsection B of this section as follows:

1. Fifty percent as grants to school districts and charter schools, in proportion to the weighted student count pursuant to section 15-943, paragraph 2, for the school district or charter school for the prior fiscal year, for the purpose of hiring teachers and classroom support personnel and increasing base compensation for teachers and classroom support personnel. For the purposes of this paragraph, the state education system for committed youth and the Arizona state schools for the deaf and the blind shall receive grant funds in the same manner as school districts and charter schools.

2. Twenty-five percent as grants to school districts and charter schools, in proportion to the weighted student count pursuant to section 15-943, paragraph 2, for the school district or charter school for the prior fiscal year, for the purpose of hiring student support services personnel and increasing base compensation for student support services personnel.  For the purposes of this paragraph, the state education system for committed youth and the Arizona state schools for the deaf and the blind shall receive grant funds in the same manner as school districts and charter schools.

3. Ten percent as grants to school districts and charter schools, in proportion to the weighted student count pursuant to section 15-943, paragraph 2, for the school district or charter school for the prior fiscal year, for the purpose of providing mentoring and retention programming for new classroom teachers to increase retention. The state board of education shall prescribe the form and format of mentoring and retention programming supported by monies transferred pursuant to this paragraph, except that the equivalent of one full-time mentor may be assigned to not more than fifteen new classroom teachers employed by the school district or charter school.  If a school district or charter school receives monies pursuant to this paragraph in excess of its needs for mentoring and retention programming, those excess monies may be used for teacher retention. The state board of education shall adopt rules to implement this paragraph not later than six months after the effective date of this section. For the purposes of this paragraph, the state education system for committed youth and the Arizona state schools for the deaf and the blind shall receive grant funds in the same manner as school districts and charter schools.

4. Twelve percent to the career training and workforce fund established by section 15-1282.

5. Three percent to the Arizona teachers academy fund established by section 15-1655.

E. Grants made pursuant to this section are exempt from title 41, chapters 23 and 24.

F. For the purposes of this section:

1. "Classroom support personnel" means any nonadministrative school personnel, including certified personnel, who provide classroom support and instructional support services as prescribed by the school district governing board or charter school governing body, including librarians, nurses, counselors, social workers, speech pathologists, behavioral coaches and psychologists.

2. "Mentoring and retention programming" means regular, job-embedded, in-person, one-on-one feedback that is focused on instruction and ensuring new classroom teacher quality, success and retention.

3. "New classroom teacher" means a classroom teacher who is in the teacher’s first, second or third year of teaching.

4. "Student support services personnel" means any classified, nonadministrative school personnel who provide student support services as defined by the school district governing board or charter school governing body, including classroom aides, media specialists, health assistants, security personnel, student food service personnel, clerical staff, student transportation personnel and school site plant operators.

5. "Teacher" means any nonadministrative personnel, including certified teachers, who instruct students or support student academic achievement as prescribed by the school district governing board or charter school governing body, including classroom teachers, early childhood teachers, mentor teachers, instructional coaches and academic interventionists.
A.R.S. § 15-1472 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1472
15-1472 Community college district workforce development accounts; reports
Status: in_force

15-1472. Community college district workforce development accounts; reports

A. Each community college district shall establish a separate workforce development account to receive only tax revenues authorized pursuant to section 42-5029, subsection E, paragraph 3 and section 42-5029.02, subsection A, paragraph 3. Each community college district board shall approve the expenditure of these monies in accordance with section 15-1461 and consistent with subsection B of this section.

B. Monies received pursuant to subsection A of this section shall be expended for workforce development and job training purposes. These expenditures may include:

1. Partnerships with businesses and educational institutions.

2. Additional faculty for improved and expanded classroom instruction and course offerings.

3. Technology, equipment and technology infrastructure for advanced teaching and learning in classrooms or laboratories.

4. Student services such as assessment, advisement and counseling for new and expanded job opportunities.

5. The purchase, lease or lease-purchase of real property, for new construction, remodeling or repair of buildings or facilities on real property.

C. The state treasurer shall transfer monies under this section into each district's workforce development account by the fifteenth day of each month. The state treasurer shall also allocate and distribute any pooled interest earnings earned from revenues authorized in section 42-5029, subsection E, paragraph 3 and section 42-5029.02, subsection A, paragraph 3 to each district in accordance with the method prescribed in subsection D, paragraph 2 of this section.

D. Revenues authorized for community college districts in section 42-5029, subsection E, paragraph 3 and section 42-5029.02, subsection A, paragraph 3 shall be distributed by the state in the following manner:

1. For thirteen fiscal years beginning in fiscal year 2001-2002 the state treasurer shall allocate one million dollars per fiscal year for the purpose of bringing this state into compliance with the matching capital requirements prescribed in section 15-1463. The state treasurer shall distribute the monies authorized in this subsection to each district in the order in which each campus qualified for funding pursuant to section 15-1463.

2. After the monies have been paid each year to the eligible districts pursuant to paragraph 1 of this subsection, the state treasurer shall distribute monies from the workforce development fund to each community college district in the following manner:

(a) Each district shall receive the sum of two hundred thousand dollars.  This subdivision does not apply to a community college tuition financing district established pursuant to section 15-1409.

(b) After each district has received the payments prescribed in subdivision (a) of this paragraph, the remainder of monies in the fund shall be distributed to each district according to each district's full-time equivalent student enrollment percentage of the total statewide audited full-time equivalent student enrollment in the preceding fiscal year prescribed in section 15-1466.01.  The percentage distribution under this subdivision shall be adjusted annually on October 1 of each year.

E. Revenues received by community college districts shall not be used by the legislature to supplant or reduce any state aid authorized in this chapter or supplant any proceeds from the sale of bonds authorized in this article and article 5 of this chapter.

F.  Monies received under this section shall not be considered to be local revenues for purposes of article IX, section 21, Constitution of Arizona.

G. Each community college district or community college that is owned, operated or chartered by a qualifying Indian tribe on its own Indian reservation shall submit a report once every two years of its workforce development plan activities and the expenditures authorized in this section to the governor, president of the senate, speaker of the house of representatives, joint legislative budget committee and Arizona commerce authority by December 1 of every even-numbered year.  The report shall include the purpose and goals for which the workforce development monies were expended by each district or community college together with a general accounting of the expenditures authorized in subsection B of this section. A copy of the final report shall also be provided to the secretary of state. For the purposes of this subsection, "qualifying Indian tribe" has the same meaning prescribed in section 42-5031.01.
A.R.S. § 15-463 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 463
15-463 Annexation of military reservation to high school district or union high school district; procedure; notice; hearing
Status: in_force

15-463. Annexation of military reservation to high school district or union high school district; procedure; notice; hearing

A. A high school district, or union high school district, any portion of which is contiguous to a military reservation, may at any time, and as provided in subsection B, annex all or any contiguous part of said military reservation for high school purposes only.

B. When a majority of the governing board of a high school district or a union high school district petitions the board of supervisors of the county in which the school district is located, requesting the annexation of all or a contiguous part of a military reservation, and such petition is accompanied by a petition containing the same request signed by ten or more qualified school electors residing in the school district, the board of supervisors shall within fifteen days give written notice of the proposed annexation to the commanding officer of the military reservation and to the governing board of any other high school districts or union high school districts contiguous to the military reservation, which notice shall fix a time and place not more than fifteen days after the serving of said notice for a hearing on the petitions. If, at the hearing, the commanding officer of the military reservation or other higher military authority, or the authorized agent of either, objects to the annexation, no further action shall be taken. If, however, no such objection is made at the hearing, the board of supervisors, within ten days after the hearing, shall either allow or deny the petitions. If the petitions are allowed, the board of supervisors shall forthwith notify the commanding officer of the military reservation and the county school superintendent and the annexation shall take effect immediately.

C. A high school district which annexes any or all of a contiguous part of a military reservation as provided in this section and a common school district which is coterminous with the portion of the high school district which is not part of the military reservation may operate as a unified school district under a single governing board.
A.R.S. § 15-365 — Arizona Code / Title 15 / Chapter 3 / Article 4 / Section 365
15-365 Service programs operated through the office of a county school superintendent; reports; definitions
Status: in_force

15-365. Service programs operated through the office of a county school superintendent; reports; definitions

A. The county school superintendent may establish service programs that are available to any county free library district, municipal library, local school district governing board, nonprofit and public library, tribal library, private school or tribal school officially requesting such programs.

B. Both central administrative costs and general service costs shall be shared on a user basis and budgeted and paid as contract costs by the districts using such programs, except as provided in subsections E, F and H of this section.

C. Agreements or contracts entered into pursuant to this section are not subject to title 11, chapter 7, article 3 relating to intergovernmental agreements and contracts.

D. Each county school superintendent shall submit to the school districts involved and to the board of supervisors no later than May 31 of each year a program progress report and a fiscal report, including actual expenditures through March 31 and estimates for the remainder of the fiscal year, on each service program in operation in the county.

E. County school superintendents may establish special small district service programs designed to meet the special needs of school districts with a total student count of fewer than six hundred in such areas as administrative assistance and specialized services as follows:

1. For counties with seven or more school districts with a student count of fewer than six hundred, the small district service program may serve a single county or two or more counties.

2. Except as provided in subsection I of this section, for counties with fewer than seven school districts with a student count of fewer than six hundred, the small district service program shall serve two or more counties as determined by the superintendent of public instruction.

F. The costs of the small district service program are payable in part from the small district service program fund. Costs in excess of the amount available in the small district service program fund shall be shared on a user basis and budgeted and paid as contract costs by the district using such programs. The small district service program fund for each program shall consist of a base amount plus a per district amount for each school district in the county or counties served that has a student count of fewer than six hundred. For fiscal year 1989-1990, the base amount is fifty-six thousand four hundred ninety-four dollars and the per district amount is five thousand eighty-four dollars. Beginning with fiscal year 1990-1991, the base amount and per district amount are the amounts for the prior year adjusted by the growth rate prescribed by law, subject to appropriation. The base amount and per district amount for each county or counties served shall be funded with state general fund monies, subject to appropriation. The county school superintendent must submit claims for payments to the state superintendent of public instruction. The county school superintendent shall deposit the payments into the small district service program fund.

G. School districts that provide only financing for pupils who are instructed by another district shall be included in determining the number of districts counted for the small district service program fund.

H. For each small district service program that serves two or more counties, a county of jurisdiction shall be selected by the superintendent of public instruction. Payment shall be made into the small district service program fund in the county of jurisdiction from monies that are received from the superintendent of public instruction pursuant to this section for all counties served by the county of jurisdiction.

I. If a small district service program is established before fiscal year 1987-1988, the program may continue to operate as a single county program if the county contains fewer than seven, but at least four, school districts with a student count of fewer than six hundred.

J. A school district with a student count of six hundred or more in the current year that participated in a small district service program and had a student count of fewer than six hundred in the prior year may continue to participate in the program for the current year and one additional year. The amount in the small district service program fund shall be determined as if the district had a student count of fewer than six hundred.

K. For the purposes of this section:

1. "Central administrative costs" means only those costs that are incurred by the county school superintendent in administering any service program that benefits all the school districts in the program and that are shared on a user basis and budgeted and paid as contract costs by districts, except as provided in subsections E, F and H of this section.

2. "General service costs" means those costs that are directly related to each of the service programs, that are shared on a user basis and that are budgeted and paid as contract costs by districts, except as provided in subsections E, F and H of this section.

3. "Service programs" means those programs that can be accomplished more efficiently and economically as multidistrict or multicounty operations.

4. "Student count" means the student count as defined in section 15-901, subsection A, except that it does not include pupils enrolled in grades nine through twelve to whom the district does not provide instruction if the district is a common school district that is not within a high school district.
A.R.S. § 15-241.01 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 241.01
15-241.01 School accountability; alternative operation plans
Status: in_force

15-241.01. School accountability; alternative operation plans

A. If a school district has six or more schools and at least one-half of the schools in the district are assigned a letter grade of D or F pursuant to this section and at least one school is assigned a letter grade of F, the department of education may submit to the state board of education a recommendation for a public hearing to determine if the school district should be subject to an alternative operation plan and the reasons for that recommendation.  When considering whether to recommend a public hearing pursuant to this subsection, the department shall consider at least the following:

1. The likelihood that continued school-based interventions will be successful.

2. The extent to which the school district administrators and the school district governing board impacted the assignment of the letter grades of D and F to the district's schools.

3. Whether those schools assigned a letter grade of D or F have demonstrated reasonable academic growth as determined by the measure of academic progress established pursuant to this section.

B. If the department of education recommends a public hearing pursuant to subsection A of this section, the state board of education shall meet and may provide by a majority vote of the entire board for the development and implementation of an alternative operation plan as allowed by this section.  When determining whether to place a school district under an alternative operation plan, the state board shall consider at least the following:

1. The likelihood that continued school-based interventions will be successful.

2. The extent to which the school district administrators and the school district governing board impacted the assignment of the letter grades D and F to the district's schools.

3. Whether those schools assigned a letter grade of D or F have demonstrated reasonable academic growth as determined by the measure of academic progress established pursuant to this section.

C. Before a hearing is held pursuant to subsection B of this section, the department of education shall recommend to the state board of education at least three governmental, nonprofit or private organizations or persons to manage the school district's affairs. If the state board approves the implementation of an alternative operation plan, it shall make an appointment from the list provided by the department of education. On making this appointment the state board shall immediately determine which powers enumerated in subsection D of this section shall be temporarily granted to the appointed organization or person.  The authority granted pursuant to this subsection shall be effective until the state board reviews the alternative operation plan as described in subsection E of this section.

D. An organization or person appointed pursuant to subsection C of this section shall begin a full review and investigation of the school district's educational affairs and shall submit to the state board of education a detailed report listing the findings of that investigation. This report shall include an alternative operation plan that details how the school district will raise the level of academic achievement so that all of the schools in the school district are assigned grade letters of A, B or C pursuant to this section. The plan shall include a proposed timeline for improving academic achievement. The alternative operation plan shall also include a timeline and details concerning how the organization or person will transition the administration of the school district back to the locally elected governing board.  The organization or person shall submit the report within one hundred twenty days from the date the organization or person was appointed by the state board. If approved by the state board, the alternative operation plan may authorize the appointed organization or person to do any of the following:

1. Override any decisions of the school district governing board or the school district superintendent, or both, concerning the management and operation of the school district, and initiate and make decisions concerning the management and operation of the school district, including reopening the school as a charter school.

2. Hire personnel, terminate personnel and cancel existing employment contracts, including the district superintendent, to the extent permitted by law. The appointed organization or person may refuse to reemploy any certificated teacher who has not been employed by the school district for more than the major portion of three consecutive school years as provided in section 15-536.

3. Attend any meetings of the school district governing board and administrative staff.

4. Supervise the activities of the school district's staff, including reassigning the duties and responsibilities of personnel in a manner that, as determined by the appointed organization or person, best suits the needs of the school district.

5. To the extent permitted by law, cancel or renegotiate any contract, other than contracts of certificated teachers who have been employed by the school district in the capacity of a certificated teacher for more than one year, to which the governing board or the school district is a party if the cancellation or renegotiation of the contract will produce needed economies in the operation of the district's schools.

E. The state board of education shall periodically review the status of a school district that is operating under an alternative operation plan pursuant to this section to determine whether the operations of the school district should be returned to the school district governing board.  Before the state board makes a determination to terminate an alternative operation plan, the state board or its designee shall meet with the school district governing board or its designee to establish an appropriate time frame and address any additional operational considerations that are necessary to ensure a smooth transition of authority from the appointed organization or person back to the school district governing board.  When determining whether to terminate an alternative operation plan, the state board shall consider whether the district's schools have made significant academic gains as determined by individual school achievement profiles established pursuant to this section.

F. If at any time the state board determines that the progress of an organization or person who is appointed pursuant to this subsection or subsection C of this section is insufficient, the state board may remove that organization or person and make an alternative appointment.  All authority granted pursuant to the approved alternative operation plan shall be transferred to the newly appointed organization or person.  The state board may require the newly appointed organization or person to prepare a revised alternative operation plan as described in subsection D of this section.

G. All expenses and costs of an organization or person appointed by the state board pursuant to subsection C or F of this section shall be paid by the school district. The state board of education shall review the expenses and costs at least twice each calendar year to ensure that the fees are reasonable and appropriate.

H. The operation of a school district by an organization or person appointed pursuant to this section shall not interfere with the election of school district governing board members.

I. The school district shall indemnify the organization or person appointed pursuant to subsection C or F of this section if that organization or person is made or threatened to be made a party to any litigation by reason of the organization's or person's status under this section if the organization or person acted in good faith and in a manner the organization or person believed to be lawful and in the best interest of the school district.

J. All information received and records or reports kept by the state board of education during an investigation resulting from a complaint against an organization or person appointed pursuant to subsection C or F of this section are confidential and are not public records.
A.R.S. § 15-120.06 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 120.06
15-120.06 School officers; children with disabilities; required training; definition
Status: in_force

15-120.06. School officers; children with disabilities; required training; definition

A. Each school district or charter school that employs one or more officers on one or more school campuses, including indirect employment through the school safety program pursuant to section 15-154, shall train each officer how to recognize and effectively interact with children with disabilities as defined in section 15-761.

B. For the purposes of this section, "officer" includes:

1. A peace officer.

2. A full-authority reserve peace officer who is certified by the Arizona peace officer standards and training board.

3. An individual who is employed by the school district or charter school in the individual's off-duty capacity as an officer described in paragraph 1 or 2 of this subsection.

4. An individual who was previously employed as a peace officer in this state and who retired in good standing.

5. A juvenile probation officer.
A.R.S. § 15-1809.02 — Arizona Code / Title 15 / Chapter 14 / Article 1 / Section 1809.02
15-1809.02 Spouses and dependents of law enforcement officers tuition scholarship fund; tuition scholarships; eligibility; rules; reporting requirements; definition
Status: in_force

15-1809.02. Spouses and dependents of law enforcement officers tuition scholarship fund; tuition scholarships; eligibility; rules; reporting requirements; definition

A. The spouses and dependents of law enforcement officers tuition scholarship fund is established consisting of monies deposited pursuant to section 15-1809, subsection E and legislative appropriations.  The Arizona board of regents shall administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Subject to available monies, the Arizona board of regents shall use the monies in the fund to award tuition scholarships to any individual who meets all of the following requirements:

1. Enrolls in any of the following:

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

(b) A community college as defined in section 15-1401.

(c) A career technical education program that is offered to adults or an associate degree program offered by a career technical education district pursuant to section 15-398.

(d) A private postsecondary educational institution in this state that is licensed pursuant to title 32, chapter 30, article 2.

2. Is either:

(a) The spouse of a law enforcement officer.

(b) Under twenty-seven years of age and a dependent of a law enforcement officer.

3. Is a resident of this state when the individual both:

(a) Applies for a tuition scholarship.

(b) Receives a tuition scholarship pursuant to this section.

4. For an individual who is enrolled in a university under the jurisdiction of the Arizona board of regents, is physically present in this state during each semester for which the individual receives a tuition scholarship pursuant to this section.

B. An individual who meets the requirements prescribed in subsection A of this section may apply to the Arizona board of regents for a tuition scholarship from the fund in a manner prescribed by the Arizona board of regents. Subject to available monies, the Arizona board of regents shall award an eligible individual a tuition scholarship that is equal to the amount of tuition and mandatory fees charged by the university, community college or career technical education district in which the individual is enrolled, reduced by the amount of any federal aid scholarships or public grants and any other financial gifts, grants or aid received by that individual, except that if the individual is enrolled in a private postsecondary educational institution, the tuition scholarship may not exceed the remainder of the average in-state tuition and fees charged by universities under the jurisdiction of the Arizona board of regents minus other gifts and aid awarded to that individual.  The Arizona board of regents shall verify that each individual satisfies the requirements prescribed in subsection A of this section before awarding a tuition scholarship.  If the Arizona board of regents determines that an individual no longer satisfies the requirements prescribed in subsection A of this section, the Arizona board of regents may not distribute additional monies from the fund to the individual until the individual submits documentation showing that the individual satisfies all requirements prescribed in subsection A of this section.

C. A tuition scholarship awarded pursuant to this section is subject to the following requirements:

1. A tuition scholarship award is limited to not more than four academic years or eight semesters.

2. Tuition scholarship award monies may be used only for a career technical education district program certificate or license, a private vocational program as defined in section 32-3001, an associate degree or a baccalaureate degree.

3. Tuition scholarship award monies may be used only to pay tuition and mandatory fees at a career technical education district, a private postsecondary educational institution in this state that is licensed pursuant to title 32, chapter 30, article 2, a university under the jurisdiction of the Arizona board of regents or a community college as defined in section 15-1401.  If the individual is enrolled in a career technical education district program and is not charged to attend the career technical education district program, the Arizona board of regents may not award the individual a tuition scholarship pursuant to this section.

D. The Arizona board of regents shall award tuition scholarships pursuant to this section on a first-come, first-served basis.  If there are insufficient monies in the fund, the Arizona board of regents may not award a tuition scholarship to an eligible individual pursuant to this section.

E. The Arizona board of regents may rely on a copy of the law enforcement officer's commission card and a current employment verification letter from the law enforcement officer's employer to establish that an individual is a law enforcement officer for the purposes of this section.

F. The Arizona board of regents may adopt rules for the purposes of administering this section.

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

1. The total number of students who received a tuition scholarship pursuant to this section by eligible postsecondary institution in the current academic year.

2. The total amounts awarded and average amounts awarded pursuant to this section by eligible postsecondary institution in the current academic year.

3. The total number of students who received a tuition scholarship pursuant to this section and who graduated or completed a program of study by eligible postsecondary institution.

4. Each law enforcement agency that employs a law enforcement officer whose spouse or dependent, or both, receives a tuition scholarship pursuant to this section.

H. For the purposes of this section, "law enforcement officer" means an individual who is a resident of this state and who is currently employed in this state as either a peace officer as defined in section 15-1808 or a correctional officer.
A.R.S. § 15-1141 — Arizona Code / Title 15 / Chapter 10 / Article 3 / Section 1141
15-1141 Definitions
Status: in_force

15-1141. Definitions

In this article, unless the context otherwise requires:

1. "Community school" means any school engaged in a community school program.

2. "Community school monies" means monies received as fees, tuitions, grants or donations from any person or agency for a community school program.

3. "Community school program" means the involvement of people in the development of an educationally oriented community. The community school serves the purposes of academic and skill development for all citizens, furnishes supervised recreational and avocational instruction, supplies remedial and supplemental education, furnishes meeting places for community groups and provides facilities for the dissemination of a variety of community related services, including extended day resource programs as defined in section 15-1105.
A.R.S. § 15-1651 — Arizona Code / Title 15 / Chapter 13 / Article 3 / Section 1651
15-1651 Teacher training schools
Status: in_force

15-1651. Teacher training schools

A. Every teacher training school established in connection with the state universities shall be a part of the school system and a branch of the school district within which the training school is located.

B. Training schools shall be governed by the laws and regulations relating to schools except as otherwise provided in this article.

C. Students in the state universities may, under rules prescribed by the Arizona board of regents, teach in the training schools and other schools without being certificated teachers.
A.R.S. § 15-234 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 234
15-234 Appropriations for adult education; eligibility; supplemental fees; definition
Status: in_force

15-234. Appropriations for adult education; eligibility; supplemental fees; definition

A. Any appropriation made to the state board of education or department of education for the purposes of adult education may be expended for costs to the department of activities related to adult education including the costs of operating the division of adult education. In addition, any of the monies may be allocated to an adult education provider as provided in subsections B and C of this section.

B. An adult education provider which offers a course of study for adult education under section 15-232 is eligible for allocation of funds pursuant to subsection C of this section from the state board of education if the district or county offering such course meets all applicable standards established under rules of the state board.

C. The state board of education may allocate from its available appropriation for adult education any amount it deems appropriate for the use of an eligible adult education provider to compensate for costs of conducting the course of study of adult education based on an application which shall include a budget and other criteria as established by the state board of education. This application must be approved by the state board of education prior to the commencement of classes or courses of study if the applicant wishes to be compensated. Compensation shall be limited to the approved amount in the application.

D. An adult education provider that offers a course of study for adult education pursuant to section 15-232 may charge supplemental fees to adults who are eligible to participate in the adult education program. Any supplemental fees charged for adult education programs shall be approved by the department of education prior to the imposition of the fees.  Adult education providers shall conspicuously post information on the supplemental fee structure and shall provide advance written notice to all program participants of any changes to the approved fee structure at least ninety days prior to taking effect.  Any supplemental fees collected pursuant to this subsection shall only be used to support and expand adult education instruction not to supplant existing state and federal funding.  The department of corrections shall not charge supplemental fees pursuant to this subsection.

E. For the purposes of this section, "adult education provider" means a school district, community college district, correctional facility or community-based organization, an institution serving educationally disadvantaged adults, or any other institution that receives public funds to provide adult education services.
A.R.S. § 15-213.03 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 213.03
15-213.03 Procurement practices; guaranteed energy production contracts; definitions
Status: in_force

15-213.03. Procurement practices; guaranteed energy production contracts; definitions

A. Notwithstanding section 15-213, subsection A, a school district may procure a guaranteed energy production contract with a qualified provider through a competitive sealed proposal process as provided by the procurement practices adopted by the state board of education.

B. The school district shall use objective criteria in selecting the qualified provider, including the guaranteed energy price, the guaranteed energy production, the quality of the technical approach, the quality of the project management plan, the financial solvency of the qualified provider and the experience of the qualified provider with projects of similar size and scope. The school district shall set forth each criterion with its respective numerical weighting in the request for proposal.

C. In selecting a contractor to perform any construction work related to performing the guaranteed energy production contract, the qualified provider may develop and use a prequalification process for contractors. These prequalifications may require the contractor to demonstrate that the contractor is adequately bonded to perform the work and that the contractor has not failed to perform on a prior job.

D. When submitting a proposal for the installation of equipment, the qualified provider shall include information containing the guaranteed energy production associated with each proposed energy production measure.  The school district shall review and approve this guarantee before the actual installation of any equipment. The qualified provider shall transmit a copy of the approved guarantee to the division of school facilities within the department of administration and to the governor's office.

E. A guaranteed energy production contract shall include a guaranteed energy price, and a written guaranteed energy production as measured on an annual basis over the expected life of the energy production measures implemented or within twenty-five years, whichever is shorter. The qualified provider shall:

1. Prepare a measurement and verification report on an annual basis in addition to an annual reconciliation of any guaranteed energy production shortfall.

2. Reimburse the school district for any guaranteed energy production shortfall on an annual basis by multiplying any energy production shortfall by either the difference between the guaranteed energy price and the effective utility rate, or an alternative method as mutually agreed on by the school district and the qualified provider.

F. The school district may obtain any required financing as part of the original competitive sealed proposal process from the qualified provider or a third-party financing institution.

G. A qualified provider that is awarded the contract shall give a sufficient bond to the school district for its faithful performance of the equipment installment.

H. The qualified provider is required to make public information in the subcontractor's bids only if the school district awards the qualified provider the guaranteed energy production contract.

I. For all projects carried out under this section, the district shall report to the governor's office and the division of school facilities within the department of administration:

1. The name of the project.

2. The name of the qualified provider.

3. The total cost of the project.

4. The expected guaranteed energy production and guaranteed energy price, including relevant escalators, if applicable, over the term of the guaranteed energy production contract.

J. For all projects carried out under this section, the district shall report to the division of school facilities within the department of administration, by October 15 each year, the actual energy production and guaranteed energy price.

K. For the purposes of this section:

1. "Actual energy production" means the actual amount of energy that flows from the energy production measure on an annual basis as measured by a meter in kilowatt hours alternating current.

2. "Construction" means the process of building, altering, repairing, improving or demolishing any school district structure or building, or other public improvements of any kind to any school district real property. Construction does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

3. "Effective utility rate" means the average price per kilowatt hour that a school district paid to its utility provider for electricity service to the facility that is the subject of the guaranteed energy production contract over the previous twelve months.

4. "Energy production measure" means renewable and alternative energy projects or renewable energy power service agreements.

5. "Guaranteed energy price" means the agreed on price to be charged to the school for each kilowatt hour alternating current of actual energy production as such may change on an annual basis as set forth in the guaranteed energy production contract.

6. "Guaranteed energy production" means the amount of energy, measured in kilowatt hours alternating current, that the qualified provider guarantees for each year of the guaranteed energy production contract.

7. "Guaranteed energy production contract" means a contract for implementing one or more energy production measures between one or more qualified providers and a school district.

8. "Guaranteed energy production shortfall" means the amount, if any, that the actual energy production is less than the guaranteed energy production in any given year.

9. "Qualified provider" means a person or a business that is experienced in designing, implementing or installing energy cost savings measures, that has demonstrated technical, operational, financial and managerial capabilities to design and operate cost savings measures and projects and that has the financial ability to satisfy guarantees for guaranteed energy production, financial solvency and experience for projects of similar size and scope.
A.R.S. § 15-1033 — Arizona Code / Title 15 / Chapter 9 / Article 7 / Section 1033
15-1033 Certification of school district bonds by attorney general
Status: in_force

15-1033. Certification of school district bonds by attorney general

A. Any school district may submit to the attorney general bonds to be issued under this article after the school district has authorized their issuance. Within fifteen days after submission by the school district, the attorney general shall examine the bonds and pass on the validity of the bonds and the regularity of the proceedings authorizing their issuance.

B. If the bonds and proceedings submitted to the attorney general by a school district conform to the laws of this state, and if the bonds when delivered and paid for will constitute binding and legal obligations of the school district according to the terms of the bonds, the attorney general shall certify in substance that the bonds are issued in accordance with the constitution and laws of this state.
A.R.S. § 15-1451 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1451
15-1451 Optional retirement plans
Status: in_force

15-1451. Optional retirement plans

A. Pursuant to section 15-1444, subsection B, paragraph 7, a community college district board may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for employees of the institutions under its jurisdiction as designated by the community college district board.

B. An optional retirement program established pursuant to this section shall:

1. Be designed to be a qualified governmental plan under section 401(a) of the internal revenue code.

2. Comply with all requirements of the internal revenue code applicable to governmental plans.

3. Be a qualified plan under section 401(a) of the internal revenue code.

4. Apply for and maintain a current letter of determination issued by the United States internal revenue service.

5. Be a qualified pick-up plan as defined by section 414(h)(2) of the internal revenue code as confirmed by a private letter ruling issued by the United States internal revenue service.

6. Provide benefits through annuity contracts that are fixed or variable in nature or that are a combination of fixed and variable.

C. Eligible employees may elect to participate in an optional retirement plan established by the community college district board. The eligible employee shall make the election in writing and file the election with the Arizona state retirement system and the disbursing officer of the employing institution. The eligible employee shall make the election either:

1. Within thirty days of the employee's effective date of employment.

2. If the employee is a member of the Arizona state retirement system on the date the optional retirement program becomes effective, within ninety days of the effective date of the optional retirement program.

D. If an employee who is a nonretired member of the Arizona state retirement system elects to participate in an optional retirement program pursuant to subsection C of this section, the Arizona state retirement system shall transfer the employee's contributions to the Arizona state retirement system and interest as determined by the board of the Arizona state retirement system to the optional retirement program within the later of ninety days after the election or ninety days after receipt by the optional retirement program of a favorable letter of determination issued by the United States internal revenue service. If an eligible employee fails to make an election as provided in subsection C of this section, the employee is deemed to have elected to participate in the Arizona state retirement system. The election to participate in an optional retirement program is irrevocable and constitutes a waiver of all benefits provided by the Arizona state retirement system.  All eligible employees who elect to participate in an optional retirement program shall remain participants in the optional retirement program during the continuance of employment with the community college district.

E. The community college district board shall make contributions from public monies appropriated or any other monies available for this purpose on behalf of each participant in the optional retirement program in an amount that is at least equal to the employer contribution prescribed in title 38, chapter 5, article 2.

F. Subject to subsection H of this section, each community college district board that establishes an optional retirement program shall establish program provisions, including:

1. Categories of employees that are eligible to elect to participate in the optional retirement program.

2. The employee contribution rate. This rate may be greater than the employee contribution rate prescribed in title 38, chapter 5, article 2.

3. A vesting period for employer contributions, if any.  All employee contributions that are picked up by the employer are fully vested at all times.

4. Restrictions on benefits, except that the optional retirement program shall not allow a participant to withdraw employer contributions except as retirement income payable for life or to provide for loans on retirement income.

G. A community college district board may elect to provide health or long-term disability coverage to optional retirement program participants under separate benefit plans. The community college district board may allocate a portion of its employer contribution that would otherwise be made to the optional retirement program under subsection E of this section to the separate benefit plans to provide health or long-term disability coverage.

H. Community college district boards that establish an optional retirement program under this section may enter into intergovernmental agreements appointing a single administrator or designating a single community college district board to administer the optional retirement program.  A community college district board may satisfy the requirements of this section by entering into an intergovernmental agreement with another community college district board to participate in that community college district's optional retirement program. The administration shall include, without limitation, the design and implementation of the plan document establishing the optional retirement program, compliance with the qualification requirements prescribed in subsection B of this section and such other duties that are not inconsistent with this section as may be delegated to the administrator pursuant to the intergovernmental agreements entered into among the community college district boards.

I. Although designated as employee contributions, all employee contributions made to an optional retirement program shall be picked up and paid by the community college district in lieu of contributions by the employee.  The contributions picked up by a community college district may be made through a reduction in the employees' salary or an offset against future salary increases, or a combination of both.  The employees participating in the optional retirement program do not have the option of choosing to receive the contributed amounts directly instead of the community college district paying the amounts to the optional retirement program.  It is intended that all employee contributions that are picked up by the community college district as provided in this subsection shall be treated as employer contributions under section 414(h) of the internal revenue code and shall be excluded from the employees' gross income for federal and state income tax purposes and are includable in the gross income of the employees or their beneficiaries only in the taxable year in which they are distributed.

J. A community college district board shall not be liable to any employee, retiree or other person for any reason relating to the community college district board's provision of or failure to provide for an optional retirement program or health or long-term disability coverage.
A.R.S. § 15-343 — Arizona Code / Title 15 / Chapter 3 / Article 3 / Section 343
15-343 Employment of professional help
Status: in_force

15-343. Employment of professional help

A. The governing board may employ professional personnel deemed necessary for making surveys and recommendations relating to the curricula, physical plant and other requirements of the district.

B. The governing board may employ an attorney to represent the district if the county attorney consents. The purpose for which an attorney is hired shall be set forth in writing by the board.

C. The governing board may employ legal counsel without the consent of the county attorney when, in its discretion, it deems it advisable.

D. Compensation for legal counsel under subsections B and C of this section is payable from district funds.

E. If an attorney is employed without the consent of the county attorney, the county attorney shall not have the duty to represent the district with regard to any matter for which such attorney was employed and shall not be responsible to the district for any exercise of, or failure to exercise, professional judgment by such 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 an attorney was employed without consent.

G. An attorney employed pursuant to subsection B of this section shall represent the school district with powers and duties otherwise performed by the county attorney, pursuant to section 11-532, subsection A, paragraph 10.

H. The provisions of subsections B and C of this section are in addition to, and not in limitation of, any other powers held by the board.
A.R.S. § 15-1692 — Arizona Code / Title 15 / Chapter 13 / Article 5 / Section 1692
15-1692 Certification of bonds by attorney general
Status: in_force

15-1692. Certification of bonds by attorney general

The board may submit to the attorney general of the state of Arizona any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this article and such bonds when delivered and paid for will constitute binding and legal obligations of the board enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of such bonds that it is issued in accordance with the constitution and laws of the state of Arizona.
A.R.S. § 15-1444.01 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1444.01
15-1444.01 Baccalaureate degree programs; notice; reporting requirements; definitions
Status: in_force

15-1444.01. Baccalaureate degree programs; notice; reporting requirements; definitions

A. Each community college that offers a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17 must meet both of the following:

1. All applicable regional accreditation requirements.

2. All applicable state licensure requirements.

B. When determining whether to offer a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17, the district board shall make its determination based on all of the following criteria:

1. Whether the community college can demonstrate both:

(a) Workforce need for the baccalaureate degree program in the region served by the community college.

(b) Student demand for the baccalaureate degree program.

2. A financial analysis that shows the short-term and long-term impacts to initiate and sustain the baccalaureate degree program, including all of the following:

(a) The source of monies.

(b) Facilities requirements.

(c) Faculty.

(d) Personnel.

(e) Administrative costs.

3. Whether the baccalaureate degree program would unnecessarily duplicate the degree programs offered by other institutions of higher education in this state.

4. The ability of the community college to support the baccalaureate degree program with student enrollment and the adequacy of the community college's facilities, faculty, administration, libraries and other resources.

C. A community college that is within a community college district located in the same county as the main campus of any public university and that is developing a baccalaureate degree program shall notify the public university whose main campus is located in the same county as the community college district at least sixty days before submitting the report prescribed in subsection D of this section to the district board.  Within thirty days after the date the community college submits the notice, the public university may provide a written response to the district board for its review.  This subsection does not allow a public university to prevent a community college from offering a baccalaureate degree program.

D. Before the district board authorizes a community college to offer a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17, the community college must submit a report to the district board that includes all of the following information:

1. The name of the proposed academic degree program.

2. The academic department that will offer the proposed degree program.

3. Whether the instructional modality would be immersion or online, or both.

4. The total credit hours necessary to complete the degree program.

5. The proposed inception term.

6. A brief description of the proposed degree program.

7. A learning outcomes and assessment plan, including:

(a) Concepts.

(b) Competencies.

(c) Assessment methods and measures.

8. The projected enrollment by year for the first three years the degree program is offered.

9. Evidence of market demand for the proposed degree program.

10. Similar degree programs offered at other institutions of higher education in this state.

11. The new resources required, including a long-term plan for faculty recruitment that indicates the ability to pay the increased salaries of doctoral faculty and identifies recruitment strategies for new faculty.

12. Any written responses provided by a public university pursuant to subsection C of this section.

E. Each community college that offers a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17 shall submit a report to the joint legislative audit committee on or before October 1 of the fifth year after initially offering that baccalaureate degree program. The report shall review the first five years of the baccalaureate degree program at the community college and shall include all of the following:

1. The number of:

(a) All baccalaureate degree programs implemented at the community college.

(b) Applicants to each baccalaureate degree program.

(c) Persons who are admitted into each baccalaureate degree program.

(d) Persons who are enrolled in each baccalaureate degree program.

(e) Persons who received degrees from each baccalaureate degree program.

2. The costs of each baccalaureate degree program, including cost per degree and the funding sources that were used to finance each degree program.

3. Current trends in workforce demands that require four-year degrees in each specific baccalaureate degree program offered.

4. Current completion and continuation rates, if available, for each cohort of students participating in each baccalaureate degree program.

5. Information on the impact of each baccalaureate degree program on underserved and underprepared students.

6. The extent to which each baccalaureate degree program fulfills identified workforce needs for new baccalaureate degree programs.

7. Information on the places of employment of students and the subsequent job placement of graduates of each baccalaureate degree program.

8. For each baccalaureate degree program, the costs to students, the amount of financial aid offered and the student debt levels of graduates.

9. Time-to-degree rates and completion rates for each baccalaureate degree program.

F. Each community college district that offers a baccalaureate degree program shall include all of the following in its annual report required by section 15-1427:

1. The total number of students pursuing a baccalaureate degree at the community college district pursuant to this section, disaggregated by baccalaureate degree program.

2. The projected enrollment for each baccalaureate degree program.

3. The total number of baccalaureate degrees completed at the community college district, disaggregated by baccalaureate degree program.

4. Workforce data showing demand for the baccalaureate degree programs offered at the community college district.

5. The average cost of tuition per credit hour for the baccalaureate degrees offered at the community college district.

G. For the purposes of this section:

1. "Main campus" means the central location of the public university's library system and computer center.

2. "Public university" means a university under the jurisdiction of the Arizona board of regents.
A.R.S. § 15-156 — Arizona Code / Title 15 / Chapter 1 / Article 5 / Section 156
15-156 Liquid roofing systems; violation; classification; definition
Status: in_force

15-156. Liquid roofing systems; violation; classification; definition

A. A person shall not knowingly apply or allow to be applied a liquid roofing system that the person knows or with the exercise of reasonable care should know contains at least one-tenth of one per cent by weight or volume of any diisocyanate on a building that is owned or operated by a public school while a teacher or student is present in the building.

B. A person shall not knowingly allow any teacher or student to remain in a building that is owned or operated by a public school during, and for at least two hours after, a liquid roofing system has been applied that the person knows or with the exercise of reasonable care should know contains at least one-tenth of one per cent by weight or volume of any diisocyanate.

C. Current material safety data sheets must be supplied to the school prior to the application of liquid roofing systems containing more than one-tenth of one per cent by weight or volume of any diisocyanate on a building owned or operated by a public school. Applicators of liquid roofing systems must follow all applicable occupational safety and health administration regulations. All federal, state, and local regulations governing the use, shipment, and disposal of diisocyanates shall be followed and strictly adhered to.

D. A person who violates this section is guilty of a class 2 misdemeanor.

E. For the purposes of this section, "diisocyanate" means any diisocyanate used in a liquid applied roofing system including methylene bisphenyl diisocyanate, also known as methylene diphenyl diisocyanate or MDI, polymeric methylene bisphenyl diisocyanate, also known as polymeric MDI, or hexamethylene diisocyanate or HDI.
A.R.S. § 15-249.04 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.04
15-249.04 Report; school district overrides
Status: in_force

15-249.04. Report; school district overrides

On or before November 30 of each year, the department of education shall electronically submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report that lists the amount budgeted by individual school districts for the current fiscal year for each type of override conducted pursuant to section 15-481 or 15-482.
A.R.S. § 15-1000 — Arizona Code / Title 15 / Chapter 9 / Article 6 / Section 1000
15-1000 County school fund
Status: in_force

15-1000. County school fund

The county school fund of each county shall consist of all revenues accruing to the credit of each county from:

1. That portion of the payments made under section 36-1419 which represents payment in lieu of the county levy for school purposes.

2. Taylor grazing act monies as provided in section 37-723.

3. All receipts from the lease of public lands as provided in section 37-724.

4. All balances remaining in the county school fund and in the special county school reserve fund at the end of the fiscal year and all balances of lapsed school districts remaining after the payments authorized under section 15-469.

5. All dividends, proceeds from sales, refunds, credits arising from cancelled warrants and any other sums or amounts that are attributable to the county school fund.

6. All other federal lieu taxes which are not specifically allocated by law.

7. Any gratuity or devise designated for specific school purposes.
A.R.S. § 15-553 — Arizona Code / Title 15 / Chapter 5 / Article 3 / Section 553
15-553 School districts and charter schools; classroom-based preparation program providers; teacher certification; rules; candidate eligibility; renewal
Status: in_force

15-553. School districts and charter schools; classroom-based preparation program providers; teacher certification; rules; candidate eligibility; renewal

A. In addition to any alternative preparation program provider path approved by the state board of education, a school district or charter school may apply to the state board of education for authority to approve the certification of teachers as a classroom-based preparation program provider.

B. The state board of education shall adopt rules, policies and procedures to be administered by the department of education. The rules may not be more restrictive or require more than is prescribed in this subsection. The rules shall facilitate the approval and certification process pursuant to this section and provide for all of the following:

1. The superintendent of a school district or the principal of a charter school must verify that the applicant for certification has made satisfactory progress and achievement with students. A teacher who is teaching courses or subjects that are tested by the statewide assessment pursuant to section 15-741 may not receive a certificate pursuant to this section until the teacher has been in the classroom for at least two years and student data has been submitted by the school district or charter school confirming that the teacher's students, at the end of the school year, either are performing at grade level or have achieved at least one year of academic growth at a rate equivalent to the state average for the students' associated peer groups.

2. A school district or charter school must submit a program sequence or training schedule along with any information regarding mentoring and coaching of teacher candidates. The state board of education shall provide for a variety of options in program sequence, content and design and may not require a prescribed program sequence, content or design from the school district or charter school in order to obtain approval from the state board.

3. A school district or charter school must submit data supporting the efficacy of the school district's or charter school's teacher preparation program. A school district or charter school may contract with a third-party provider to provide the teacher preparation program and may use that program's efficacy data to meet the requirements of this paragraph.

4. A school district or charter school may adopt professional expectations, professional requirements or student achievement requirements that exceed the expectations and requirements prescribed by this section, including requiring candidates to complete specified coursework or trainings.

5. In order to receive a classroom-based standard teaching certificate after successfully completing the program, an applicant for certification pursuant to this section must hold at least a bachelor's degree from an accredited public or private postsecondary institution and meet background and fingerprint clearance card requirements pursuant to section 15-534.

6. An applicant pursuing certification pursuant to this section must demonstrate subject knowledge and professional knowledge through any available option pursuant to section 15-533.

7. The application for a school district or charter school to be a classroom-based preparation program provider must include all of the following:

(a) The name of the school district or charter school applying.

(b) A list of all staff members responsible for administering the program and the roles and responsibilities of each person.

(c) The areas of certification for which the applicant will offer the program.

(d) A description of the program.

C. On the submission of verification from a school district or charter school that the requirements prescribed in this section have been met, the state board shall issue a classroom-based standard teaching certificate to the teacher.

D. Notwithstanding any other law, a school district or charter school may employ and enroll into its classroom-based preparation program any candidate who meets the background and fingerprint clearance card requirements pursuant to section 15-534 and who holds at least a bachelor's degree from an accredited public or private postsecondary institution, except that a school district or charter school that operates a classroom-based preparation program may enroll a candidate who does not currently hold a bachelor's degree from an accredited public or private postsecondary institution into the program if the candidate meets all of the following:

1. The background and fingerprint clearance card requirements pursuant to section 15-534.

2. Is currently enrolled in an accredited public or private postsecondary institution bachelor's degree program.

3. Is not a contracted or permanent full-time teacher or the teacher of record for any classroom of students, except that the candidate may be employed by the school district or charter school.

4. Does not regularly instruct students without the presence of a full-time teacher, certificated teacher, instructional coach or instructional mentor unless the candidate possesses other means of certification, including an emergency substitute certificate, substitute certificate or emergency teacher certificate.

E. Notwithstanding section 15-502, a school district or charter school shall classify each candidate who is enrolled in a classroom-based preparation program provided by the school district or charter school as a paid employee.

F. If a school district or charter school is approved as a classroom-based preparation program provider pursuant to this section, the approval is valid for six years after the date of approval. To continue as a classroom-based preparation program provider, the school district or charter school must apply for renewal before the expiration of its current approval. If the application for renewal is approved by the state board of education, the renewal is valid for six years after the date of the approval.
A.R.S. § 15-491 — Arizona Code / Title 15 / Chapter 4 / Article 5 / Section 491
15-491 Elections on school property; exceptions
Status: in_force

15-491. Elections on school property; exceptions

A. The governing board of a school district may, and on petition of fifteen percent of the school electors as shown by the poll list at the last preceding annual school election shall, call an election for the following purposes:

1. To locate or change the location of school buildings.

2. To purchase or sell school sites or buildings or sell school sites pursuant to section 15-342 or to build school buildings, but the authorization by vote of the school district shall not necessarily specify the site to be purchased.

3. To decide whether the bonds of the school district shall be issued and sold for the purpose of raising monies for purchasing or leasing school lots, for building or renovating school buildings, for supplying school buildings with furniture, equipment and technology, for improving school grounds, for purchasing pupil transportation vehicles or for liquidating any indebtedness already incurred for such purposes.  Bonds issued for furniture, equipment and technology, other than fixtures, shall mature not later than the July 1 that follows the fifth year after the bonds were issued. A school district shall not issue class B bonds until the school district has obligated in contract the entire proceeds of any class A bonds issued by the school district. The total amount of class A and class B bonds issued by a school district shall not exceed the debt limitations prescribed in article IX, sections 8 and 8.1, Constitution of Arizona.

4. To lease for twenty or more years, as lessor or as lessee, school buildings or grounds. Approval by a majority of the school district electors voting authorizes the governing board to negotiate for and enter into a lease. The ballot shall list the school buildings or grounds for which a lease is sought. If the governing board does not enter into a lease of twenty or more years of the school buildings or grounds listed on the ballot within twenty years after the date of the election and the board continues to seek such a lease, the governing board shall call a special election to reauthorize the board to negotiate for and to enter into a lease of twenty or more years.

5. To change the list of capital projects or the purposes authorized by prior voter approval to issue bonds.

6. To extend from six to ten years the time period to issue class B bonds authorized in 2009 or earlier.  Elections pursuant to this paragraph may not be held later than the sixth November after the election approving the issuance of the bonds.

B. A petition is not required for holding the first election to be held in a joint common school district for any of the purposes specified in subsection A of this section. The certification of election results required by section 15-493 shall be made to the board of supervisors of the jurisdictional county.

C. When the election is called to determine whether or not bonds of the school district shall be issued and sold for the purposes enumerated in the call for the election, the question shall be submitted to the vote of the qualified electors of the school district as defined in section 15-401 and subject to section 15-402.

D. The governing board shall order the election to be held and the election notice and procedures to be conducted in the manner prescribed in title 35, chapter 3, article 3. If a petition for an election has been filed with the governing board as provided in subsection A of this section, the board shall act on the petition within sixty days by ordering the election to be held as provided in this subsection. If a school district bond election is scheduled for the same date a school district will hold an override election, the governing body shall deliver a copy of the notice of election and ballot to the county school superintendent who shall include the notice of election and ballot with the informational pamphlet and ballot prepared for the override election. Mailing of the information required for both the override and bond elections shall constitute compliance with the notice provisions of this section.

E. The elections to be held pursuant to this section shall only be held on dates prescribed by section 16-204, except that elections held pursuant to this section to decide whether class B bonds shall be issued, or any other obligation incurred that will require the assessment of secondary property taxes, shall only be held on the first Tuesday after the first Monday of November.

F. Subsection A, paragraph 2 of this section does not apply to the sale of school property if the market value of the school property is less than $50,000.

G. Bond counsel fees, financial advisory fees, printing costs and paying agent and registrar fees for bonds issued pursuant to an election under this section shall be paid from either the amount authorized by the qualified electors of the school district or current operating funds. Bond election expenses shall be paid from current operating funds only.

H. For any election conducted to decide whether class B bonds will be issued pursuant to this section:

1. Except as provided in paragraph 2 of this subsection, the ballot shall include the following statement:

The capital improvements that are proposed to be funded through this bond issuance are to exceed the state standards and are in addition to monies provided by the state.

__________ school district is proposing to issue class B general obligation bonds totaling $__________ to fund capital improvements over and above those funded by the state.  Under the students first capital funding system, _________ school district is entitled to state monies for new construction and renovation of school buildings in accordance with state law.

2. For a school district that is a career technical education district, the ballot shall include the following statement:

________, a career technical education district, is proposing to issue class B general obligation bonds totaling $_________ to fund capital improvements at a campus owned or operated and maintained by the career technical education district.

3. The ballot shall conform to the requirements of title 35, chapter 3, article 3.

4. At least eighty-five days before the election, the school district shall submit proposed ballot language to the county school superintendent and the director of the Arizona legislative council. The director of the Arizona legislative council shall review the proposed ballot language to determine whether the proposed ballot language complies with this section. If the director of the Arizona legislative council determines that the proposed ballot language does not comply with this section, the director, within ten calendar days after receiving the proposed ballot language, shall notify the school district and the county school superintendent of the director's objections, and the school district shall resubmit revised ballot language to the director for approval.

5. Not later than thirty-five days before a class B bond election conducted pursuant to this section, the school district shall mail an informational pamphlet prepared by the county school superintendent to each household that contains a qualified elector in the school district. The informational pamphlet shall contain, at a minimum, the following information:

(a) An executive summary of the school district's most recent capital plan submitted to the school facilities oversight board.

(b) A complete list of each proposed capital improvement that will be funded with the proceeds of the bonds and a description of the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities oversight board.

(c) The tax rate associated with each of the proposed capital improvements and the estimated cost of each capital improvement for the owner of a single family home that is valued at $100,000.

I. For any election conducted to decide whether impact aid revenue bonds shall be issued pursuant to this section:

1. The ballot shall include the following statement:

The capital improvements that are proposed to be funded through this bond issuance are to exceed the state standards and are in addition to monies provided by the state.

__________ school district is proposing to issue impact aid revenue bonds totaling $__________ to fund capital improvements over and above those funded by the state.  Under the students first capital funding system, _________ school district is entitled to state monies for new construction and renovation of school buildings in accordance with state law.

2. The ballot shall contain the words "bond approval, yes" and "bond approval, no", and the voter shall signify the voter's desired choice.

3. At least eighty-five days before the election, the school district shall submit proposed ballot language to the director of the legislative council.  The director of the legislative council shall review the proposed ballot language to determine whether the proposed ballot language complies with this section. If the director of the legislative council determines that the proposed ballot language does not comply with this section, the director, within ten calendar days after receiving the proposed ballot language, shall notify the school district of the director's objections, and the school district shall resubmit revised ballot language to the director for approval.

4. Not later than thirty-five days before an impact aid revenue bond election conducted pursuant to this section, the school district shall mail an informational pamphlet prepared by the county school superintendent to each household that contains a qualified elector in the school district.  The informational pamphlet shall contain, at a minimum, the following information:

(a) The date of the election.

(b) The voter's polling place and the times it is open.

(c) An executive summary of the school district's most recent capital plan submitted to the school facilities oversight board.

(d) A complete list of each proposed capital improvement that will be funded with the proceeds of the bonds and a description of the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities oversight board.

(e) A statement that impact aid revenue bonds will be fully funded by aid that the school district receives from the federal government and do not require a levy of taxes in the district.

(f) A statement that if the bonds are approved, the first priority for the impact aid will be to pay the debt service for the bonds and that other uses of the monies are prohibited until the debt service obligation is met.

(g) A statement that if the impact aid revenue bonds are approved, the school district shall not issue or sell class B bonds while the district has existing indebtedness from impact aid revenue bonds, except for bonds issued to refund any bonds issued by the board.

J. If the voters approve the issuance of school district class B bonds or impact aid revenue bonds, the school district shall not use the bond proceeds for any purposes other than the proposed capital improvements listed in the informational pamphlet, except that up to ten percent of the bond proceeds may be used for general capital expenses, including cost overruns of proposed capital improvements. The proposed capital improvements may be changed by a subsequent election as provided by this section.

K. Each school district that issues bonds under this section shall hold a public meeting each year between September 1 and October 31, until the bond proceeds are spent, at which an update of the progress of capital improvements financed through bonding is discussed and at which the public is allowed an opportunity to comment. At a minimum, the update shall include a comparison of the current status and the original projections on the construction of capital improvements, the costs of capital improvements and the costs of capital improvements in progress or completed since the prior meeting and the future capital bonding plans of the school district. The school district shall include in the public meeting a discussion of the school district's use of state capital aid and voter-approved capital overrides in funding capital improvements, if any.

L. If an election is held to change the purpose or list of capital projects authorized by prior voter approval to issue bonds pursuant to subsection A, paragraph 5 of this section, the following requirements apply:

1. The election may be held only on the first Tuesday after the first Monday in November.

2. Not later than thirty-five days before the election, the school district shall mail an informational pamphlet prepared by the county school superintendent to each household in the school district that contains a qualified elector.  The informational pamphlet shall contain, at a minimum, the following information:

(a) The date of the election.

(b) The voter's polling place and the times it is open.

(c) A statement as to why the election was called.

(d) A complete list of each proposed capital improvement that is in addition to the initial capital improvements presented in the informational pamphlet when the bonds were approved and the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities oversight board.

(e) A complete list of each capital improvement that was presented in the informational pamphlet when the bonds were initially approved and that is proposed to be eliminated or to have its cost reduced, and the proposed cost of each improvement, including a separate aggregation of capital improvements for administrative purposes as defined by the school facilities oversight board.

(f) Arguments for and against the proposed change, if submitted, as provided by section 15-481, subsection B, paragraph 9. The ballot arguments for the proposed change shall be signed as the governing board of the school district without listing any member's individual name for the arguments for the proposed change.

3. The ballot shall contain the words "change capital improvements, yes" and "change capital improvements, no", and the voter shall signify the voter's desired choice.

4. If the election is to add a purpose that was not on the initial ballot, the ballot shall list the purpose that is proposed to be added.

M. If an election is held to extend the time to issue bonds pursuant to subsection A, paragraph 6 of this section, the following requirements apply:

1. The election may be held only on the first Tuesday after the first Monday in November.

2. Not later than thirty-five days before the election, the school district shall mail an informational pamphlet prepared by the county school superintendent to each household in the school district that contains a qualified elector. The informational pamphlet shall contain, at a minimum, the following information:

(a) The date of the election.

(b) The voter's polling place and the times it is open.

(c) A statement as to why the election was called.

(d) Arguments for and against the proposed change, if submitted, as provided in section 15-481, subsection B, paragraph 9. The ballot arguments for the proposed change shall be signed as the governing board of the school district without listing any member's individual name for the arguments for the proposed change.

3. The ballot shall contain the words "extend time to issue bonds, yes" and "extend time to issue bonds, no", and the voter shall signify the voter's desired choice.
A.R.S. § 15-1171 — Arizona Code / Title 15 / Chapter 10 / Article 5 / Section 1171
15-1171 Trust assets of Arizona rural rehabilitation corporation; transfer to state board of education
Status: in_force

15-1171. Trust assets of Arizona rural rehabilitation corporation; transfer to state board of education

The state board of education is designated as the state agency empowered to make application to the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of act of May 3, 1950 (P.L. 81-499; 40 U.S.C. sec. 440 et seq.) for the trust assets, either funds or property, held by the United States as trustee on behalf of the Arizona rural rehabilitation corporation.
A.R.S. § 15-1742 — Arizona Code / Title 15 / Chapter 13 / Article 8 / Section 1742
15-1742 Authority of governor to enter compact; terms of compact
Status: in_force

15-1742. Authority of governor to enter compact; terms of compact

The governor, for and in behalf of the state, may enter into compacts for western regional cooperation in higher education with the states of Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, or any one or more of such states or territories. Under such compacts, the following covenants may be agreed to:

ARTICLE I

Whereas, the future of this nation and of the western states is dependent upon the quality of the education of its youth; and

Whereas, many of the western states individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional and graduate training, nor do all of the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

Whereas, it is believed that the western states, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof:

Now, therefore, the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming do hereby covenant and agree as follows:

ARTICLE II

Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this compact.

ARTICLE III

The compacting states and territories hereby create the western interstate commission for higher education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV

The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each commissioner shall be four years; provided however that the first three commissioners shall be appointed as follows: one for two years, one for three years and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V

Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the commission is entitled to one vote.

ARTICLE VI

The commission shall elect from its number a chairman and a vice-chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The commissioners shall serve without compensation but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

ARTICLE VII

The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

The commission may elect such committees as it deems necessary for the carrying out of its functions.

The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings.

The commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required.

The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The commission shall provide for an independent annual audit.

ARTICLE VIII

It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health and veterinary medicine and may undertake similar activities in other professional and graduate fields.

For this purpose the commission may enter into contractual agreements:

(a) With the governing authority of any educational institution in the region or with any compacting state or territory to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the western governors' conference and to the legislatures of the compacting states and territories. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territories uniform legislation dealing with problems of higher education in the region.

For the purposes of this compact the word "region" shall be construed to mean the geographical limits of the several compacting states and territories.

ARTICLE IX

The operating costs of the commission shall be apportioned equally among the compacting states and territories.

ARTICLE X

This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI

This compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state or territory, accompanied by a certified copy of the requisite legislative action, is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.

ARTICLE XII

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by performing all acts and obligations upon which it has heretofore defaulted and by application to and the approval by a majority vote of the commission.
A.R.S. § 15-713 — Arizona Code / Title 15 / Chapter 7 / Article 1 / Section 713
15-713 Training in use of bows or firearms; instruction materials; certification of instructors; cooperating agencies
Status: in_force

15-713. Training in use of bows or firearms; instruction materials; certification of instructors; cooperating agencies

A. The Arizona game and fish department may provide training in the safe handling and use of bows or firearms and safe hunting practices, in conjunction with the common schools and high schools of the state when the schools request the training.

B. The Arizona game and fish department may prescribe courses of study, approve instruction materials, certify instructors for training programs conducted by private organizations or public agencies and issue certificates of completion of the required course of study.

C. To carry out the purposes of the training program authorized by this section and section 15-714, the Arizona game and fish department may cooperate with other agencies and private organizations.
A.R.S. § 15-1488 — Arizona Code / Title 15 / Chapter 12 / Article 5 / Section 1488
15-1488 Bonds obligations issued for and on behalf of institutions
Status: in_force

15-1488. Bonds obligations issued for and on behalf of institutions

All bonds issued pursuant to this article shall be obligations issued by the board for and on behalf of the institution payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise of the state of Arizona. Such bonds shall not constitute a debt, legal or moral, of the state of Arizona, and shall not be enforceable against this state, nor shall payment thereof be enforceable out of any funds of the institution issuing said bonds other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such bonds. No institution shall be dissolved until all of the bonds issued by the board for and on behalf of the institution have been paid in full.