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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Education
Chapter : GENERAL PROVISIONS
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15-101 Definitions
In this title, unless the context otherwise requires:
1. "Accommodation school" means either:
(a) A school which is operated through the county board of supervisors and the
county school superintendent and which the county school superintendent administers to
serve a military reservation or territory which is not included within the boundaries of
a school district.
(b) A school that provides educational services to homeless children or alternative
education programs as provided in section 15-308, subsection B.
2. "Assessed valuation" means the valuation derived by applying the applicable
percentage as provided in title 42, chapter 15, article 1 to the full cash value or
limited property value, whichever is applicable, of the property.
3. "Charter school" means a public school established by contract with a district
governing board, the state board of education or the state board for charter schools
pursuant to article 8 of this chapter to provide learning that will improve pupil
achievement.
4. "Child with a disability" means a child with a disability as defined in section
15-761.
5. "Class A bonds" means general obligation bonds approved by a vote of the
qualified electors of a school district at an election held on or before December 31,
1998.
6. "Class B bonds" means general obligation bonds approved by a vote of the
qualified electors of a school district at an election held from and after December 31,
1998.
7. "Competency" means a demonstrated ability in a skill at a specified performance
level.
8. "Course" means organized subject matter in which instruction is offered within a
given period of time and for which credit toward promotion, graduation or certification
is usually given. A course consists of knowledge selected from a subject for
instructional purposes in the schools.
9. "Course of study" means a list of required and optional subjects to be taught in
the schools.
10. "Fiscal year" means the year beginning July 1 and ending June 30.
11. "Governing board" means a body organized for the government and management of
the schools within a school district or a county school superintendent in the conduct of
an accommodation school.
12. "Lease" means an agreement for conveyance and possession of real or personal
property.
13. "Limited property value" means the value determined pursuant to title 42,
chapter 13, article 7. Limited property value shall be used as the basis for assessing,
fixing, determining and levying primary property taxes.
14. "Parent" means the natural or adoptive parent of a child or a person who has
custody of a child.
15. "Person who has custody" means a parent or legal guardian of a child, a person
to whom custody of the child has been given by order of a court or a person who stands in
loco parentis to the child.
16. "P.L. 81-874" means P.L. 81-874 or its successors.
17. "Primary property taxes" means all ad valorem taxes except for secondary
property taxes.
18. "Private school" means a nonpublic institution where instruction is imparted.
19. "School" means any public institution established for the purposes of offering
instruction to pupils in programs for preschool children with disabilities, kindergarten
programs or any combination of grades one through twelve.
20. "School district" means a political subdivision of this state with geographic
boundaries organized for the purpose of the administration, support and maintenance of
the public schools or an accommodation school.
21. "Secondary property taxes" means ad valorem taxes used to pay the principal of
and the interest and redemption charges on any bonded indebtedness or other lawful
long-term obligation issued or incurred for a specific purpose by a school district or a
community college district and amounts levied pursuant to an election to exceed a budget,
expenditure or tax limitation.
22. "Subject" means a division or field of organized knowledge, such as English or
mathematics, or a selection from an organized body of knowledge for a course or teaching
unit, such as the English novel or elementary algebra.
15-102 Parental involvement in the school; definition
A. The governing board, in consultation with parents, teachers and administrators,
shall develop and adopt a policy to promote the involvement of parents and guardians of
children enrolled in the schools within the school district, including:
1. A plan for parent participation in the schools which is designed to improve
parent and teacher cooperation in such areas as homework, attendance and discipline.
2. Procedures by which parents may learn about the course of study for their
children and review learning materials.
3. Procedures by which parents who object to any learning material or activity on
the basis that it is harmful may withdraw their children from the activity or from the
class or program in which the material is used. Objection to a learning material or
activity on the basis that it is harmful includes objection to a material or activity
because it questions beliefs or practices in sex, morality or religion.
B. The policy adopted by the governing board pursuant to this section may also
include the following components:
1. A plan by which parents will be made aware of the district's parental
involvement policy and the provisions of this section, including:
(a) Rights under the family educational rights and privacy act of 1974 relating to
access to children's official records.
(b) The parent's right to inspect the school district policies and curriculum.
2. Efforts to encourage the development of parenting skills.
3. The communication to parents of techniques designed to assist the child's
learning experience in the home.
4. Efforts to encourage access to community and support services for children and
families.
5. The promotion of communication between the school and parents concerning school
programs and the academic progress of the parents' children.
6. Identifying opportunities for parents to participate in and support classroom
instruction at the school.
7. Efforts to, with appropriate training, support parents as shared decision makers
and to encourage membership on school councils.
8. The recognition of the diversity of parents and the development of guidelines
that promote widespread parental participation and involvement in the school at various
levels.
9. The development of preparation programs and specialized courses for certificated
employees and administrators that promote parental involvement.
10. The development of strategies and programmatic structures at schools to
encourage and enable parents to participate actively in their children's education.
C. For the purposes of this section, "parent" means the parent or person who has
custody of the child.
15-103 School districts; financial mismanagement; intervention; definitions
(Rpld. 1/1/08)
A. The state board of education shall review allegations of school district
insolvency and gross mismanagement. The state board shall give the school district an
opportunity to respond to these allegations at a public meeting. If the state board
determines that the school district is insolvent or has grossly mismanaged its finances,
the state board shall appoint a receiver for that school district.
B. The state board shall find a school district insolvent if it finds one or more
of the following:
1. The school district is unable to pay debts as they fall due or in the usual
course of business.
2. The salaries of any teachers or other employees have remained unpaid for
forty-five days.
3. The tuition due another school district or other state institution remains
unpaid on or after January 1 of the year following the school year it was due and there
is no dispute regarding the validity or amount of the claim.
4. The school district has defaulted in payment of its bonds or interest on bonds
or in payment of rentals due any state or federal authority or private business for a
period of sixty calendar days and no action has been initiated within that period of time
to make payment.
5. The school district has contracted for any loan not authorized by law.
6. The school district has accumulated and has operated with a deficit equal to
five per cent or more of the school district's revenue control limit for any fiscal year
within the past two fiscal years.
7. The school district's warrants have not been honored for payment by the school
district's servicing bank or by the county treasurer and the warrants have remained
unpaid for a period of more than sixty calendar days.
C. No school district shall be deemed to be insolvent pursuant to subsection B of
this section if the circumstances are the result of the failure of the state to make any
payments of monies due the school district at the time payment is due.
D. The state board of education shall have jurisdiction over all petitions
requesting that a school district be placed in receivership and a receiver be appointed
because of the school district's alleged insolvency or gross mismanagement. The state
board shall have the burden of demonstrating by a preponderance of the evidence that the
school district is insolvent or is engaged in gross mismanagement.
E. If the state board of education finds that the school district is insolvent or
has engaged in gross mismanagement, the state board shall place the school district in
receivership and appoint a receiver recommended by the state board. The state board shall
develop and adopt a list of qualified receivers to be appointed by the board.
F. On appointment, the receiver shall begin a full review and investigation of the
school district's financial affairs and submit to the state board of education a detailed
report listing the findings of that investigation that shall include a financial
improvement plan and budget that details how the school district will eliminate any
continued gross financial mismanagement and achieve financial solvency. The plan shall
include a proposed timeline for achieving financial solvency. The receiver shall submit
the report within one hundred twenty days after the receiver's appointment. The financial
improvement plan approved by the state board of education may authorize the receiver to
do any of the following:
1. Override any decisions of the school district's 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.
2. Attend any and all meetings of the school district's governing board and
administrative staff.
3. Supervise the day-to-day activities of the school district's staff, including
reassigning the duties and responsibilities of personnel in a manner that, in the
determination of the receiver, best suits the needs of the school district.
4. Place on extended leave, suspend or terminate for cause the school district's
superintendent or chief financial officer, or both. A person terminated pursuant to this
paragraph may appeal the receiver's decision to the state board of education if an appeal
is filed with the state board within thirty days of receiving notice of the termination.
5. Authorize pupils to transfer from schools operated by the school district to
schools operated by another school district that is not currently in receivership.
6. Appoint a chief educational officer who shall possess the powers and duties of a
school district superintendent. A chief educational officer who is appointed pursuant to
this paragraph shall hold a valid administrative certificate.
7. Appoint a chief fiscal officer who shall possess the powers and duties of the
school district's chief school business official and any other duties regarding
budgeting, accounting and other financial matters that are assigned to the school
district by law.
8. Appoint a competent independent public accountant to audit the accounts of the
school district.
9. Reorganize the school district's financial accounts, management and budgetary
systems to improve financial responsibility and reduce financial inefficiency within the
district.
10. Establish school district fiscal guidelines and a system of internal controls,
including internal administrative controls and internal accounting controls, with
provisions for internal audits.
11. 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 immediately before the date the receiver was appointed, 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. The receiver 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.
G. The receiver's power, authority and duties shall be effective on the date of the
receiver's appointment by the state board of education. The receiver shall perform the
receiver's duties according to the instructions of the state board of education order and
according to law. The receiver shall promptly report any violations of law, including a
violation of the uniform system of financial records, to the state board of education.
H. On review and approval of the state board of education, the receiver shall take
all necessary steps to implement the financial improvement plan and budget utilizing
those powers identified in the plan as prescribed in subsection F of this section.
I. The salary and benefits of the receiver and any officers or employees appointed
by the receiver shall be paid by the school district. The state board of education shall
determine the salary for the receiver and any officers or employees appointed by the
receiver based on amounts recommended by the state board.
J. The state board of education shall remove the school district from receivership
and dismiss the receiver and dismiss any officer or employee appointed by the receiver
thirty days after all of the following have occurred:
1. The auditor general certifies that the school district has been financially
solvent for one fiscal year.
2. The auditor general certifies that the school district's financial records are
in compliance with the uniform system of financial records and generally accepted
accounting principles.
3. The receiver certifies that the school district is no longer engaged in gross
mismanagement.
4. The state board of education has determined that the school district is able to
pay its debts as those debts become due.
K. The receiver shall submit a quarterly progress report to the state board of
education. The first progress report is due on the three month anniversary of the
receiver's appointment by the state board.
L. The state board of education shall formally review the receiver's progress every
six months. If, based on the quarterly progress reports, the state board determines that
the receiver's progress is insufficient, the state board may remove the current receiver
and appoint another receiver for the school district.
M. The state board of education may dismiss the receiver for cause or on a majority
vote of no confidence in the receiver of the state board.
N. The school district shall indemnify the receiver and any officer or employee
appointed by the receiver who is made or threatened to be made a party to any litigation
by reason of their status under this section if the receiver, officer or employee acted
in good faith and in a manner that the receiver, officer or employee reasonably believed
to be consistent with the best interest of the school district and if the receiver,
officer or employee had no reasonable cause to believe that the conduct was unlawful.
O. During the period of time that the school district is in receivership, no
member, officer, employee or agent of the school district may enter into any contract or
incur any liability on behalf of the school district for any purpose if the amount of the
contract or liability exceeds the receiver's authorized financial plan and budget for the
school district. The receiver may discipline, including, if warranted, imposing a
suspension from duty without pay, removal from office or termination of any school
district employee or officer who violates this subsection.
P. This section does not create a private cause of action against the school
district or its officers, directors, board members or employees.
Q. The assumption of control of the school district by the receiver shall in no way
interfere with the election or reelection of school district governing board members.
R. This section shall not interfere with a school district's ability to declare
bankruptcy under federal law.
S. The state board of education shall continue to monitor and offer technical
assistance to a school district for two years after its removal from receivership.
T. For the purposes of this section:
1. "Delinquent debt" means debts or liability unpaid by the school district for a
period of more than sixty days from the time of notice.
2. "Gross mismanagement" means that the school district's officers or employees
committed or engaged in gross incompetence or systemic and egregious mismanagement of the
school district's finances or financial records.
3. "Notice" means written notice personally served or delivered by certified mail,
return receipt requested.
4. "Receiver" means an individual appointed by the state board of education from
the persons recommended by the state board for the purpose of managing a school district
placed in receivership by the state board of education.
5. "Receivership" means the state or condition of being under the control of the
receiver appointed by the state board of education.
6. "Superintendent" means the chief executive officer of the school district. 15-121 School employees; participation in federal retirement plans and deferred compensation plans; prohibition against use of public monies; exceptions
A. Employees of school districts, accommodation school employees, employees of the
community college districts, employees of the universities and all other certificated and
noncertificated employees of the schools of this state, including those located at state
institutions, may participate in federal retirement or deferred compensation plans as
provided in 26 United States Code sections 401(a), 403(b) and 457(b), if the governing
body approves.
B. Upon election by an employee to participate through salary reduction
contributions if permitted under federal law or by election of the governing board to
make nonelective employer contributions, the governing board of a school district, the
county school superintendent, the community college district governing board, the ARIZONA
board of regents or other governing body or employer of the employee shall:
1. Invest such an amount as authorized by the employee, to be reduced from the
regular annual salary of the employee, in a 26 United States Code section 403(b) tax
sheltered annuity or custodial account or a 26 United States Code section 457(b) deferred
compensation plan.
2. Invest nonelective employer contributions in a 26 United States Code section
401(a) defined contribution plan or a 26 United States Code section 403(b) tax sheltered
annuity or custodial account.
C. The amount to be invested shall be determined by the employee not less than
fifteen days before the employee's first payday in the school year, or at any time during
the school year at the option of the governing body. The employing body or county school
superintendent shall assume no responsibility other than to make the requested payments
during the actual time of the employment of the employee. The employer shall transfer to
the fund manager the employee contributions within ten working days after each and every
payroll date. Contributions transferred after that date shall include a penalty of six
per cent a year for each day the contributions are late. The penalty shall be paid by the
employer. If the employee changes the employee's employment to another school or school
district, the employee may authorize the employee's new employer to continue the payments
if the governing body approves.
D. State, county, district or other public monies shall not be used in the purchase
of any annuity or payment of any deferred compensation authorized by this article, except
for monies authorized for the following purposes:
1. The recruitment and retention of selected employees, including teachers when
there are shortages of teachers.
2. As a benefit to encourage teachers specifically selected by the governing board
or the board's authorized designee to teach in an underperforming school.
3. For the reduction of the unfunded liabilities of unused leave pay accruals with
in-service nonelective employer contributions.
4. For the replacement of unused leave pay or other types of severance pay at the
time of severance of employment.
5. To buy out the individually negotiated contracts of key employees.
6. To provide incentives for the early retirement of selected employees as
determined by the governing board.
E. If monies are contributed pursuant to subsection D, paragraph 4, 5 or 6, at the
discretion of the governing board, those monies may be contributed pursuant to 26 United
States Code section 401(a) only in the final year of service, or pursuant to 26 United
States Code section 403(b) both in the final year of service and for up to five tax years
following the tax year of the final year of service. 15-131 Exchange teacher agreements
A. The governing board of any school district in this state or the ARIZONA board of
regents may enter into agreements with any foreign country, state, territory or
possession of the United States or other school district within the state for the
exchange and employment of teachers or professors having required certificates in this
state and teachers or professors in the public schools, universities or colleges of any
foreign country, state, territory or possession of the United States or other school
district within the state having certification or qualifications equivalent to that of
the exchange teacher or professor of this state.
B. In all cases of the exchange of any foreign teacher or professor such exchange
shall be contracted for and effected exclusively through the teacher exchange program as
authorized by federal statutes enacted by the Congress of the United States.
15-132 Certification of exchange teachers and professors
The state board of education shall issue temporary certificates to exchange teachers
and professors of foreign countries and other states whose training and background comply
with the rules promulgated by the board for certification and are equivalent to those of
the local teacher with whom the exchange is made.
15-133 Terms of employment
No exchange teacher or professor may be employed in this state unless he has been
issued proper certification and may not be employed for more than one school year, except
that, by consent of the governing board or the ARIZONA board of regents and the two
exchange teachers concerned, the period may be extended to two years.
15-134 Payment of salaries of exchange teachers
During the exchange teaching provided for in this article, the salaries of the
exchange teachers or professors may be paid by either the school districts or
universities or colleges by which they are regularly employed, or by the school districts
or universities or colleges in which the exchange teaching service is rendered. The
school district or university or college shall pay the salary of only one of the two
exchange teachers and in an amount not to exceed the annual salary of its regularly
employed teachers or professors.
15-135 Deductions for retirement; preservation of rights
A. All regular deductions for retirement as required by law shall be made from the
salary of the local teacher or professor participating in exchange teaching pursuant to
this article.
B. No such teacher or professor shall lose any right of certification, retirement,
salary status or other benefit provided by law or by the rules of the governing board of
the school district or the ARIZONA board of regents due to exchange teaching under this
article.
15-141 Educational records; injunction; special action
A. The right to inspect and review educational records and the release of or access
to these records, other information or instructional materials is governed by federal law
in the family educational and privacy rights act of 1974 (20 United States Code sections
1232g, 1232h and 1232i), and federal regulations issued pursuant to such act.
B. In addition to the enforcement procedures provided in the family educational and
privacy rights act of 1974, the superior court may grant injunctive or special action
relief if any educational agency or institution or an officer or employee of an agency or
institution fails to comply with the act regardless of whether the agency or institution
is the recipient of any federal funds subject to termination pursuant to the act or
whether administrative remedies through any federal agency have been exhausted.
C. Notwithstanding any financial debt owed by the pupil, the governing board of a
school district shall release to the department of juvenile corrections all educational
records relating to a pupil who is awarded to the department of juvenile corrections
within ten working days after the date the request is received.
D. A juvenile court may require a school district to provide the court with the
educational records of a juvenile who is accused of committing a delinquent or
incorrigible act before the juvenile is adjudicated. The educational records shall
include the juvenile's cumulative file and discipline file and, if applicable, records
that are compiled pursuant to the individuals with disabilities education act (P.L.
91-230; 84 Stat. 175; 20 United States Code section 1400) and the rehabilitation act of
1973 (P.L. 93-112; 87 Stat. 394; 29 United States Code section 794). The presiding judge
of the juvenile court shall adopt procedures for the transmission of the educational
records from the school district to the juvenile court. The disclosure of the
educational records shall comply with the family educational and privacy rights act of
1974 (20 United States Code section 1232g) and shall ensure the ability of the juvenile
court to effectively serve, before adjudication, the juvenile whose records are
released. Nothing in this subsection shall be considered to prevent the juvenile court
from adjudicating a juvenile prior to receiving educational records pursuant to this
subsection.
E. A school district may release pupil attendance, disciplinary and other
educational records to a law enforcement agency and county attorney pursuant to an
intergovernmental agreement among the school district, law enforcement agency, county
attorney and other state, local or tribal government agencies to create a local or tribal
governmental juvenile justice network for the purpose of:
1. Providing appropriate programs and services to intervene with juveniles
currently involved in the juvenile justice system.
2. Providing appropriate programs and services designed to deter at-risk juveniles
from dropping out of school or other delinquent behavior.
3. Increasing the safety and security of the community and its children by reducing
juvenile crime.
F. Educational records provided pursuant to an intergovernmental agreement entered
into pursuant to subsection E shall be used solely for the purposes of the agreement and
shall not be disclosed to any other party, except as provided by law.
15-142 Access to directory information relating to pupils and to school property
A. If the governing board of a school district permits the release of directory
information relating to pupils or permits access to school buildings, school grounds or
other school property to persons who inform pupils of educational or occupational
opportunities, the governing board shall provide access to directory information relating
to pupils and to school property on the same basis for official recruiting
representatives of the militia of this state and the armed services of the United States
for the purpose of informing pupils of educational and occupational opportunities
available in the militia and the armed services.
B. Notwithstanding subsection A of this section, pupil transcripts shall not be
released to representatives of postsecondary institutions, the militia of this state or
the armed services of the United States unless the pupil consents in writing to the
release of the pupil's transcript. The governing board of the school district shall
provide the pupil with a transcript release form that allows the pupil to designate in
separate check boxes whether the transcript is to be released to postsecondary
institutions, the militia of this state or the armed services of the United States, or to
any combination of these entities.
C. This section shall not be construed to authorize school districts to release
information that would violate the family educational and privacy rights act of 1974 (20
United States Code section 1232g).
15-151 Eye protective devices; definition
A. Every student, teacher and visitor in public and private schools, community
colleges, colleges and universities shall wear appropriate eye protective ware while
participating in or when observing vocational, technical, industrial arts, art or
laboratory science activities involving exposure to:
1. Molten metals or other molten materials.
2. Cutting, shaping and grinding of materials.
3. Heat treatment, tempering or kiln firing of any metal or other materials.
4. Welding fabrication processes.
5. Explosive materials.
6. Caustic solutions.
7. Radioactive materials.
B. The governing board of every school district, the governing board of every
community college district, the ARIZONA board of regents and every person maintaining a
private or parochial school in this state shall equip schools within their jurisdiction
with eye protective ware for use as required in this article.
C. Standards and rules for the enforcement of this article shall be prescribed by
the governing board of every school district, the community college district governing
board of each community college district and the ARIZONA board of regents.
D. Schools, community colleges, colleges and universities may receive and expend
federal, state and local monies to provide eye protective devices.
E. For purposes of this article, "eye protective wear" means devices meeting the
standards of the American national standards institute's standards for occupational and
education eye protection, Z87.1-1989.
15-152 Pest management at schools; notice
A. The governing board of each school district, in consultation with teachers,
parents, guardians, administrators, members of the public, a certified applicator, and at
least one health professional, shall develop and adopt a policy to provide pupils and
employees with at least forty-eight hours' notice before pesticides are applied on school
property. The policy shall include at least the following:
1. Procedures for providing the notification including:
(a) Procedures for oral notification to pupils and employees during a regular
school session.
(b) Procedures for written notification to parents or guardians during a regular
school session.
(c) Procedures for the posting of signs to identify pesticide application areas.
2. Procedures for requiring any contracted pest control applicator to provide
detailed and sufficient information to the schools for the purpose of completing the
posting materials.
3. Procedures providing for continuing instruction for pupils who are absent
because of pesticide application on school property.
B. Each school district shall maintain written records of pesticide application
notifications. The school district may delegate to the pest control applicator the duty
to fill out and post notices required by district policy.
C. For purposes of this section "pesticides" does not include nonrestricted use
disinfectants, sanitizers or deodorizers regulated by the federal insecticide, fungicide
and rodenticide act but includes other pesticides regulated under the federal
insecticide, fungicide and rodenticide act (P.L. 100-532; 102 Stat. 2654; 7 United States
Code section 136).
15-153 School safety program oversight committee; membership; duties; staff; compensation; definition
A. The school safety program oversight committee is established consisting of the
following members:
1. Two members of the senate who are from different political parties and who are
appointed by the president of the senate. These members serve as advisory members. The
president of the senate shall select one member to cochair the committee.
2. Two members of the house of representatives who are from different political
parties and who are appointed by the speaker of the house of representatives. These
members serve as advisory members. The speaker of the house of representatives shall
select one member to cochair the committee.
3. The governor, or the governor's designee.
4. The superintendent of public instruction, or the superintendent's designee.
5. A law enforcement officer who is appointed by the speaker of the house of
representatives.
6. A juvenile probation officer who is appointed by the chief justice of the
supreme court.
7. A public school principal who is appointed by the superintendent of public
instruction.
8. A representative from the field of law related education who is appointed by the
governor.
B. Members serve at the pleasure of the appointing entity.
C. The committee shall review plans submitted by the applicants for participation
in the school safety program and shall select sites that are eligible to receive funding
based on school safety needs. The committee shall also review renewal applications from
participating sites.
D. The committee shall evaluate the program and report annually to the president of
the senate, the speaker of the house of representatives, the governor and the joint
legislative audit committee by November 1.
E. For purposes of this section, "advisory member" means a member who advises the
committee but who is not eligible to vote and is not a member for the purposes of
determining a quorum.
15-154.01 Character education matching grant program; program termination
A. Any public or charter school that teaches a character education curriculum
pursuant to section 15-719 is eligible for a state matching grant of up to one thousand
five hundred dollars annually. The school shall provide matching monies from any lawful
source, except that the school shall not use resources obtained from a federal character
education grant as matching monies to obtain a second state character education grant.
B. The character education program shall be an age-specific, stand-alone character
education curriculum with the following elements:
1. Applicable definitions for character qualities that include at least five of the
following attributes:
(a) Attentiveness.
(b) Caring.
(c) Citizenship.
(d) Compassion.
(e) Diligence.
(f) Discernment.
(g) Forgiveness.
(h) Generosity.
(i) Gratefulness.
(j) Initiative.
(k) Orderliness.
(l) Respect.
(m) Responsibility.
(n) Sincerity.
(o) Trustworthiness.
(p) Virtue.
(q) Wisdom.
2. Activities that provide a forum for practical application and an environment in
which character-related behavior is identified, recognized and reinforced such as
literature or visual media presentations or discussion of character values as they relate
to a specific story.
3. Stories from the lives of our nation's leaders, where character qualities are
demonstrated.
4. Mentors or teachers who demonstrate the character qualities defined in the
lessons presented.
5. Mentor and teacher training for praising students who demonstrate specific
character qualities.
6. A precourse and postcourse survey of parents, teachers and students on their
assessment of the program.
C. The department of education shall contract with and distribute state matching
grant monies to the ARIZONA K-12 center at northern ARIZONA university. The ARIZONA K-12
center at northern ARIZONA university shall administer the program and distribute the
state matching grant monies. Programs must demonstrate proven and effective curriculum
and training to receive matching grant funds.
D. The state department of education shall apply for all applicable character
education grants from the federal government.
E. The department of education shall work in cooperation with the ARIZONA K-12
center at northern ARIZONA university to evaluate the effectiveness of all character
education programs funded by state and federal resources.
F. The program established by this section ends on July 1, 2010 pursuant to section
41-3102.
15-154 Public school safety program proposal; requirements; purpose; definitions
A. A public school district may apply to participate or may complete an application
to continue in the school safety program as provided in this section for any fiscal year
by submitting by April 15 a program proposal or an application to continue the program to
the school safety program oversight committee. New applicants are restricted to
unencumbered monies that have been appropriated in previous fiscal years or monies
appropriated to expand the program. The program proposal shall contain:
1. A detailed description of the school safety needs of the public school or school
district.
2. A plan for implementing a law related education program or a plan that
demonstrates the existence of a law related education program as a school safety
prevention strategy.
3. A plan to use trained school resource officers or juvenile probation officers in
the schools, or both.
B. The state board of education shall administer the program in cooperation with
the courts, law enforcement agencies and law related education providers.
Representatives from the state board of education shall use relevant crime statistics and
shall visit schools located in school districts that submit program proposals in order to
verify the information contained in the program proposals.
C. The department of education, at the direction of the state board of education,
shall distribute monies to the school districts whose plans have been approved by the
school safety program oversight committee.
D. Any appropriations that are made to the department of education for the school
safety program are exempt from the provisions of section 35-190 relating to the lapsing
of appropriations. All monies that are not used for an approved school safety plan during
the fiscal year for which the monies were appropriated revert to the department of
education for distribution to the program in the following fiscal year.
E. Monies received by a school district under the program shall be spent to
implement the approved plans.
F. For purposes of this section:
1. "Law related education" means interactive education to equip children and youth
with knowledge and skills pertaining to the law, school safety and effective citizenship.
2. "Law related education program" means a program designed to provide children and
youth with knowledge, skills and activities pertaining to the law and legal process and
to promote law-abiding behavior with the purpose of preventing children and youth from
engaging in delinquency or violence and enabling them to become productive citizens.
15-155 School safety program; funding
A. The department of education shall cooperate with the county school
superintendent, the county sheriff and the local chief of police to permit a law
enforcement agency, with the consent of the school, to assign a peace officer to
participate in the safe schools program in each school in the county. The cost of the
peace officer is a state charge that is funded by the department of education.
B. In cooperation with the department of education and the county school
superintendent and with the consent of the school, the presiding judge of the juvenile
court may assign juvenile probation officers to participate in the safe schools program
in each school in the county. The cost of juvenile probation officers is a state charge
that is funded by the department of education.
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.
15-161 State control over private schools
Nothing in this title shall be construed to provide the state board of education or
the governing boards of school districts control or supervision over private schools.
15-181 Charter schools; purpose; scope
A. Charter schools may be established pursuant to this article to provide a
learning environment that will improve pupil achievement. Charter schools provide
additional academic choices for parents and pupils. Charter schools may consist of new
schools or all or any portion of an existing school. Charter schools are public schools
that serve as alternatives to traditional public schools and charter schools are not
subject to the requirements of article XI, section 1, Constitution of ARIZONA, or chapter
16 of this title.
B. Charter schools shall comply with all provisions of this article in order to
receive state funding as prescribed in section 15-185. 15-182 State board for charter schools; membership; terms; compensation; duties
A. The state board for charter schools is established consisting of the following
members:
1. The superintendent of public instruction or the superintendent's designee.
2. Six members of the general public, at least two of whom shall reside in a school
district where at least sixty per cent of the children who attend school in the district
meet the eligibility requirements established under the national school lunch and child
nutrition acts (42 United States Code sections 1751 through 1785) for free lunches, and
at least one of whom shall reside on an Indian reservation, who are appointed by the
governor pursuant to section 38-211.
3. Two members of the business community who are appointed by the governor pursuant
to section 38-211.
4. A teacher who provides classroom instruction at a charter school and who is
appointed by the governor pursuant to section 38-211.
5. An operator of a charter school who is appointed by the governor pursuant to
section 38-211.
6. Three members of the legislature who shall serve as advisory members and who are
appointed jointly by the president of the senate and the speaker of the house of
representatives.
B. The superintendent of public instruction shall serve a term on the state board
for charter schools that runs concurrently with the superintendent's term of office. The
members appointed pursuant to subsection A, paragraph 6 of this section shall serve two
year terms on the state board for charter schools that begin and end on the third Monday
in January and that run concurrently with their respective terms of office. Members
appointed pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section shall serve
staggered four year terms that begin and end on the third Monday in January.
C. The state board for charter schools shall annually elect a president and such
other officers as it deems necessary from among its membership.
D. Members of the state board for charter schools are not eligible to receive
compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter
4, article 2.
E. The state board for charter schools shall:
1. Exercise general supervision over charter schools sponsored by the board and
recommend legislation pertaining to charter schools to the legislature.
2. Grant charter status to qualifying applicants for charter schools pursuant to
section 15-183.
3. Adopt and use an official seal in the authentication of its acts.
4. Keep a record of its proceedings.
5. Adopt rules for its own government.
6. Determine the policy of the board and the work undertaken by it.
7. Delegate to the superintendent of public instruction the execution of board
policies.
8. Prepare a budget for expenditures necessary for the proper maintenance of the
board and the accomplishment of its purpose.
F. The state board for charter schools may:
1. Contract.
2. Sue and be sued.
15-183 Charter schools; application; requirements; immunity; exemptions; renewal of application; reprisal
A. An applicant seeking to establish a charter school shall submit a written
application to a proposed sponsor as prescribed in subsection C of this section. The
application shall include a detailed business plan for the charter school and may include
a mission statement for the charter school, a description of the charter school's
organizational structure and the governing body, a financial plan for the first three
years of operation of the charter school, a description of the charter school's hiring
policy, the name of the charter school's applicant or applicants and requested sponsor, a
description of the charter school's facility and the location of the school, a
description of the grades being served and an outline of criteria designed to measure the
effectiveness of the school.
B. The sponsor of a charter school may contract with a public body, private person
or private organization for the purpose of establishing a charter school pursuant to this
article.
C. The sponsor of a charter school may be either a school district governing board,
the state board of education or the state board for charter schools, subject to the
following requirements:
1. For charter schools that submit an application for sponsorship to a school
district governing board:
(a) An applicant for a charter school may submit its application to a school
district governing board, which shall either accept or reject sponsorship of the charter
school within ninety days. An applicant may submit a revised application for
reconsideration by the governing board. If the governing board rejects the application,
the governing board shall notify the applicant in writing of the reasons for the
rejection. The applicant may request, and the governing board may provide, technical
assistance to improve the application.
(b) In the first year that a school district is determined to be out of compliance
with the uniform system of financial records, within fifteen days of the determination of
noncompliance, the school district shall notify by certified mail each charter school
sponsored by the school district that the school district is out of compliance with the
uniform system of financial records. The notification shall include a statement that if
the school district is determined to be out of compliance for a second consecutive year,
the charter school will be required to transfer sponsorship to another entity pursuant to
subdivision (c) of this paragraph.
(c) In the second consecutive year that a school district is determined to be out
of compliance with the uniform system of financial records, within fifteen days of the
determination of noncompliance, the school district shall notify by certified mail each
charter school sponsored by the school district that the school district is out of
compliance with the uniform system of financial records. A charter school that receives a
notification of school district noncompliance pursuant to this subdivision shall file a
written sponsorship transfer application within forty-five days with the state board of
education, the state board for charter schools or the school district governing board if
the charter school is located within the geographic boundaries of that school district.
A charter school that receives a notification of school district noncompliance may
request an extension of time to file a sponsorship transfer application and the state
board of education, the state board for charter schools or a school district governing
board may grant an extension of not more than an additional thirty days if good cause
exists for the extension. The state board of education and the state board for charter
schools shall approve a sponsorship transfer application pursuant to this paragraph.
(d) Beginning July 1, 2000, a school district governing board shall not grant a
charter to a charter school that is located outside the geographic boundaries of that
school district.
(e) A school district that has been determined to be out of compliance with the
uniform system of financial records during either of the previous two fiscal years shall
not sponsor a new or transferring charter school.
2. The applicant may submit the application to the state board of education or the
state board for charter schools. The state board of education or the state board for
charter schools may approve the application if the application meets the requirements of
this article and may approve the charter if the proposed sponsor determines, within its
sole discretion, that the applicant is sufficiently qualified to operate a charter
school. The state board of education or the state board for charter schools may approve
any charter schools transferring charters. The state board of education and the state
board for charter schools shall approve any charter schools transferring charters from a
school district that is determined to be out of compliance with the uniform system of
financial records pursuant to this section, but may require the charter school to sign a
new charter that is equivalent to the charter awarded by the former sponsor. If the state
board of education or the state board for charter schools rejects the preliminary
application, the state board of education or the state board for charter schools shall
notify the applicant in writing of the reasons for the rejection and of suggestions for
improving the application. An applicant may submit a revised application for
reconsideration by the state board of education or the state board for charter schools.
The applicant may request, and the state board of education or the state board for
charter schools may provide, technical assistance to improve the application.
3. Each applicant seeking to establish a charter school shall submit a full set of
fingerprints to the approving agency for the purpose of obtaining a state and federal
criminal records check pursuant to section 41-1750 and Public Law 92-544. If an applicant
will have direct contact with students, the applicant shall possess a valid fingerprint
clearance card that is issued pursuant to title 41, chapter 12, article 3.1. The
department of public safety may exchange this fingerprint data with the federal bureau of
investigation. The criminal records check shall be completed before the issuance of a
charter.
4. All persons engaged in instructional work directly as a classroom, laboratory or
other teacher or indirectly as a supervisory teacher, speech therapist or principal shall
have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12,
article 3.1, unless the person is a volunteer or guest speaker who is accompanied in the
classroom by a person with a valid fingerprint clearance card. A charter school shall not
employ a teacher whose certificate has been revoked for a violation of section 15-507 or
15-550 or for any offense that placed a pupil in danger. All other personnel shall be
fingerprint checked pursuant to section 15-512. Before employment, the charter school
shall make documented, good faith efforts to contact previous employers of a person to
obtain information and recommendations that may be relevant to a person's fitness for
employment as prescribed in section 15-512, subsection F. The charter school shall notify
the department of public safety if the charter school or sponsor receives credible
evidence that a person who possesses a valid fingerprint clearance card is arrested for
or is charged with an offense listed in section 41-1758.03, subsection B. Charter schools
may hire personnel that have not yet received a fingerprint clearance card if proof is
provided of the submission of an application to the department of public safety for a
fingerprint clearance card and if the charter school that is seeking to hire the
applicant does all of the following:
(a) Documents in the applicant's file the necessity for hiring and placement of the
applicant before receiving a fingerprint clearance card.
(b) Ensures that the department of public safety completes a statewide criminal
history information check on the applicant. A statewide criminal history information
check shall be completed by the department of public safety every one hundred twenty days
until the date that the fingerprint check is completed.
(c) Obtains references from the applicant's current employer and the two most
recent previous employers except for applicants who have been employed for at least five
years by the applicant's most recent employer.
(d) Provides general supervision of the applicant until the date that the
fingerprint card is obtained.
(e) Completes a search of criminal records in all local jurisdictions outside of
this state in which the applicant has lived in the previous five years.
(f) Verifies the fingerprint status of the applicant with the department of public
safety.
5. If a charter school operator is not already subject to a public meeting or
hearing by the municipality in which the charter school is located, the operator of a
charter school shall conduct a public meeting at least thirty days before the charter
school operator opens a site or sites for the charter school. The charter school operator
shall post notices of the public meeting in at least three different locations that are
within three hundred feet of the proposed charter school site.
D. A board that is authorized to sponsor charter schools pursuant to this article
has no legal authority over or responsibility for a charter school sponsored by a
different board. This subsection does not apply to the state board of education's duty to
exercise general supervision over the public school system pursuant to section 15-203,
subsection A, paragraph 1.
E. The charter of a charter school shall ensure the following:
1. Compliance with federal, state and local rules, regulations and statutes
relating to health, safety, civil rights and insurance. The department of education shall
publish a list of relevant rules, regulations and statutes to notify charter schools of
their responsibilities under this paragraph.
2. That it is nonsectarian in its programs, admission policies and employment
practices and all other operations.
3. That it provides a comprehensive program of instruction for at least a
kindergarten program or any grade between grades one and twelve, except that a school may
offer this curriculum with an emphasis on a specific learning philosophy or style or
certain subject areas such as mathematics, science, fine arts, performance arts or
foreign language.
4. That it designs a method to measure pupil progress, toward the pupil outcomes
adopted by the state board of education pursuant to section 15-741.01 including
participation in the ARIZONA instrument to measure standards test and the nationally
standardized norm-referenced achievement test as designated by the state board and the
completion and distribution of an annual report card as prescribed in chapter 7, article
3 of this title.
5. That, except as provided in this article and in its charter, it is exempt from
all statutes and rules relating to schools, governing boards and school districts.
6. That, except as provided in this article, it is subject to the same financial
and electronic data submission requirements as a school district, including the
uniform system of financial records as prescribed in chapter 2, article 4 of this title,
procurement rules as prescribed in section 15-213 and audit requirements. The auditor
general shall conduct a comprehensive review and revision of the uniform system of
financial records to ensure that the provisions of the uniform system of financial
records that relate to charter schools are in accordance with commonly accepted
accounting principles used by private business. A school's charter may include exceptions
to the requirements of this paragraph that are necessary as determined by the district
governing board, the state board of education or the state board for charter schools.
The department of education or the office of the auditor general may conduct financial,
program or compliance audits.
7. Compliance with all federal and state laws relating to the education of children
with disabilities in the same manner as a school district.
8. That it provides for a governing body for the charter school that is responsible
for the policy decisions of the charter school.
9. That it provides a minimum of one hundred seventy-five instructional days before
June 30 of each fiscal year unless it is operating on an alternative calendar approved by
its sponsor. The superintendent of public instruction shall adjust the apportionment
schedule accordingly to accommodate a charter school utilizing an alternative calendar.
F. The charter of a charter school shall include a description of the charter
school's personnel policies, personnel qualifications and method of school governance and
the specific role and duties of the sponsor of the charter school. A charter school shall
keep on file the resumes of all current and former employees who provide instruction to
pupils at the charter school. Resumes shall include an individual's educational and
teaching background and experience in a particular academic content subject area. A
charter school shall inform parents and guardians of the availability of the resume
information and shall make the resume information available for inspection on request of
parents and guardians of pupils enrolled at the charter school. Nothing in this
subsection shall be construed to require any charter school to release personally
identifiable information in relation to any teacher or employee including the teacher's
or employee's address, salary, social security number or telephone number.
G. The charter of a charter school may be amended at the request of the governing
body of the charter school and on the approval of the sponsor.
H. Charter schools may contract, sue and be sued.
I. An approved plan to establish a charter school is effective for fifteen years
from the first day of operation. At the conclusion of the first fourteen years of
operation, the charter school may apply for renewal. In addition to any other
requirements, the application for renewal shall include a detailed business plan for the
charter school. The sponsor may deny the request for renewal if, in its judgment, the
charter school has failed to complete the obligations of the contract or has failed to
comply with this article. A sponsor shall give written notice of its intent not to renew
the charter school's request for renewal to the charter school at least twelve months
before the expiration of the approved plan to allow the charter school an opportunity to
apply to another sponsor to transfer the operation of the charter school. If the
operation of the charter school is transferred to another sponsor, the fifteen year
period of the current charter shall be maintained. A sponsor shall review a charter at
five year intervals and may revoke a charter at any time if the charter school breaches
one or more provisions of its charter. At least ninety days before the effective date of
the proposed revocation the sponsor shall give written notice to the operator of the
charter school of its intent to revoke the charter. Notice of the sponsor's intent to
revoke the charter shall be delivered personally to the operator of the charter school or
sent by certified mail, return receipt requested, to the address of the charter school.
The notice shall incorporate a statement of reasons for the proposed revocation of the
charter. The sponsor shall allow the charter school at least ninety days to correct the
problems associated with the reasons for the proposed revocation of the charter. The
final determination of whether to revoke the charter shall be made at a public hearing
called for such purpose.
J. After renewal of the charter at the end of the fifteen year period described in
subsection I of this section, the charter may be renewed for successive periods of
fifteen years if the charter school and its sponsor deem that the school is in compliance
with its own charter and this article.
K. A charter school that is sponsored by the state board of education or the state
board for charter schools may not be located on the property of a school district unless
the district governing board grants this authority.
L. A governing board or a school district employee who has control over personnel
actions shall not take unlawful reprisal against another employee of the school district
because the employee is directly or indirectly involved in an application to establish a
charter school. A governing board or a school district employee shall not take unlawful
reprisal against an educational program of the school or the school district because an
application to establish a charter school proposes the conversion of all or a portion of
the educational program to a charter school. As used in this subsection, "unlawful
reprisal" means an action that is taken by a governing board or a school district
employee as a direct result of a lawful application to establish a charter school and
that is adverse to another employee or an education program and:
1. With respect to a school district employee, results in one or more of the
following:
(a) Disciplinary or corrective action.
(b) Detail, transfer or reassignment.
(c) Suspension, demotion or dismissal.
(d) An unfavorable performance evaluation.
(e) A reduction in pay, benefits or awards.
(f) Elimination of the employee's position without a reduction in force by reason
of lack of monies or work.
(g) Other significant changes in duties or responsibilities that are inconsistent
with the employee's salary or employment classification.
2. With respect to an educational program, results in one or more of the following:
(a) Suspension or termination of the program.
(b) Transfer or reassignment of the program to a less favorable department.
(c) Relocation of the program to a less favorable site within the school or school
district.
(d) Significant reduction or termination of funding for the program.
M. Charter schools shall secure insurance for liability and property loss. The
governing body of a charter school that is sponsored by the state board of education or
the state board for charter schools may enter into an intergovernmental agreement or
otherwise contract to participate in an insurance program offered by a risk retention
pool established pursuant to section 11-952.01 or 41-621.01 or the charter school may
secure its own insurance coverage. The pool may charge the requesting charter school
reasonable fees for any services it performs in connection with the insurance program.
N. Charter schools do not have the authority to acquire property by eminent domain.
O. A sponsor, including members, officers and employees of the sponsor, is immune
from personal liability for all acts done and actions taken in good faith within the
scope of its authority.
P. Charter school sponsors and this state are not liable for the debts or financial
obligations of a charter school or persons who operate charter schools.
Q. The sponsor of a charter school shall establish procedures to conduct
administrative hearings on determination by the sponsor that grounds exist to revoke a
charter. Procedures for administrative hearings shall be similar to procedures prescribed
for adjudicative proceedings in title 41, chapter 6, article 10. Except as provided in
section 41-1092.08, subsection H, final decisions of the state board of education and the
state board for charter schools from hearings conducted pursuant to this subsection are
subject to judicial review pursuant to title 12, chapter 7, article 6.
R. The sponsoring entity of a charter school shall have oversight and
administrative responsibility for the charter schools that it sponsors.
S. Charter schools may pledge, assign or encumber their assets to be used as
collateral for loans or extensions of credit.
T. All property accumulated by a charter school shall remain the property of the
charter school.
U. Charter schools may not locate a school on property that is less than one-fourth
mile from agricultural land regulated pursuant to section 3-365, except that the owner of
the agricultural land may agree to comply with the buffer zone requirements of section
3-365. If the owner agrees in writing to comply with the buffer zone requirements and
records the agreement in the office of the county recorder as a restrictive covenant
running with the title to the land, the charter school may locate a school within the
affected buffer zone. The agreement may include any stipulations regarding the charter
school, including conditions for future expansion of the school and changes in the
operational status of the school that will result in a breach of the agreement.
V. A transfer of a charter to another sponsor, a transfer of a charter school site
to another sponsor or a transfer of a charter school site to a different charter shall be
completed before the beginning of the fiscal year that the transfer is scheduled to
become effective. An entity that sponsors charter schools may accept a transferring
school after the beginning of the fiscal year if the transfer is approved by the
superintendent of public instruction. The superintendent of public instruction shall have
the discretion to consider each transfer during the fiscal year on a case by case basis.
If a charter school is sponsored by a school district that is determined to be out of
compliance with this title, the uniform system of financial records or any other state or
federal law, the charter school may transfer to another sponsoring entity at any time
during the fiscal year.
W. The sponsoring entity may not charge any fees to a charter school that it
sponsors unless the sponsor has provided services to the charter school and the fees
represent the full value of those services provided by the sponsor. On request, the value
of the services provided by the sponsor to the charter school shall be demonstrated to
the department of education.
15-184 Charter schools; admission requirements
A. A charter school shall enroll all eligible pupils who submit a timely
application, unless the number of applications exceeds the capacity of a program, class,
grade level or building. A charter school shall give enrollment preference to pupils
returning to the charter school in the second or any subsequent year of its operation and
to siblings of pupils already enrolled in the charter school. A charter school that is
sponsored by a school district governing board shall give enrollment preference to
eligible pupils who reside within the boundaries of the school district where the charter
school is physically located. If capacity is insufficient to enroll all pupils who
submit a timely application, the charter school shall select pupils through an equitable
selection process such as a lottery except that preference shall be given to siblings of
a pupil selected through an equitable selection process such as a lottery.
B. Except as provided in subsection C, a charter school shall not limit admission
based on ethnicity, national origin, gender, income level, disabling condition,
proficiency in the English language or athletic ability.
C. A charter school may limit admission to pupils within a given age group or grade
level.
D. A charter school shall admit pupils who reside in the attendance area of a
school or who reside in a school district that is under a court order of desegregation or
that is a party to an agreement with the United States department of education office for
civil rights directed toward remediating alleged or proven racial discrimination unless
notice is received from the resident school that the admission would violate the court
order or agreement. If a charter school admits a pupil after notice is received that the
admission would constitute such a violation, the charter school is not allowed to include
in its student count the pupils wrongfully admitted.
E. A charter school may refuse to admit any pupil who has been expelled from
another educational institution or who is in the process of being expelled from another
educational institution.
15-185 Charter schools; financing; definitions A. Financial provisions for a charter school that is sponsored by a school district governing board are as follows: 1. The charter school shall be included in the district's budget and financial assistance calculations pursuant to paragraph 3 of this subsection and chapter 9 of this title, except for chapter 9, article 4 of this title. The charter of the charter school shall include a description of the methods of funding the charter school by the school district. The school district shall send a copy of the charter and application, including a description of how the school district plans to fund the school, to the state board of education before the start of the first fiscal year of operation of the charter school. The charter or application shall include an estimate of the student count for the charter school for its first fiscal year of operation. This estimate shall be computed pursuant to the requirements of paragraph 3 of this subsection. 2. A school district is not financially responsible for any charter school that is sponsored by the state board of education or the state board for charter schools. 3. A school district that sponsors a charter school may: (a) Increase its student count as provided in subsection B, paragraph 2 of this section during the first year of the charter school's operation to include those charter school pupils who were not previously enrolled in the school district. A charter school sponsored by a school district governing board is eligible for the assistance prescribed in subsection B, paragraph 4 of this section. The soft capital allocation as provided in section 15-962 for the school district sponsoring the charter school shall be increased by the amount of the additional assistance. The school district shall include the full amount of the additional assistance in the funding provided to the charter school. (b) Compute separate weighted student counts pursuant to section 15-943, paragraph 2, subdivision (a) for its noncharter school versus charter school pupils in order to maintain eligibility for small school district support level weights authorized in section 15-943, paragraph 1 for its noncharter school pupils only. The portion of a district's student count that is attributable to charter school pupils is not eligible for small school district support level weights. 4. If a school district uses the provisions of paragraph 3 of this subsection, the school district is not eligible to include those pupils in its student count for the purposes of computing an increase in its revenue control limit and district support level as provided in section 15-948. 5. A school district that sponsors a charter school is not eligible to include the charter school pupils in its student count for the purpose of computing an increase in its capital outlay revenue limit as provided in section 15-961, subsection C, except that if the charter school was previously a school in the district, the district may include in its student count any charter school pupils who were enrolled in the school district in the prior year. 6. A school district that sponsors a charter school is not eligible to include the charter school pupils in its student count for the purpose of computing the revenue control limit which is used to determine the maximum budget increase as provided in chapter 4, article 4 of this title unless the charter school is located within the boundaries of the school district. 7. If a school district converts one or more of its district public schools to a charter school and receives assistance as prescribed in subsection B, paragraph 4 of this section, and subsequently converts the charter school back to a district public school, the school district shall repay the state the total additional assistance received for the charter school for all years that the charter school was in operation. The repayment shall be in one lump sum and shall be reduced from the school district's current year equalization assistance. The school district's general budget limit shall be reduced by the same lump sum amount in the current year. B. Financial provisions for a charter school that is sponsored by the state board of education or the state board for charter schools are as follows: 1. The charter school shall calculate a base support level as prescribed in section 15-943, except that sections 15-941 and 15-942 do not apply to these charter schools. 2. Notwithstanding paragraph 1 of this subsection, the student count shall be determined initially using an estimated student count based on actual registration of pupils before the beginning of the school year. After the first one hundred days or two hundred days in session, as applicable, the charter school shall revise the student count to be equal to the actual average daily membership, as defined in section 15-901, or the adjusted average daily membership, as prescribed in section 15-902, of the charter school. Before the one hundredth day or two hundredth day in session, as applicable, the state board of education or the state board for charter schools may require a charter school to report periodically regarding pupil enrollment and attendance and the department of education may revise its computation of equalization assistance based on the report. A charter school shall revise its student count, base support level and additional assistance before May 15. A charter school that overestimated its student count shall revise its budget before May 15. A charter school that underestimated its student count may revise its budget before May 15. 3. A charter school may utilize section 15-855 for the purposes of this section. The charter school and the department of education shall prescribe procedures for determining average daily attendance and average daily membership. 4. Equalization assistance for the charter school shall be determined by adding the amount of the base support level and additional assistance. The amount of the additional assistance is one thousand three hundred thirty dollars five cents per student count in kindergarten programs and grades one through eight and one thousand five hundred fifty dollars fourteen cents per student count in grades nine through twelve. 5. The state board of education shall apportion state aid from the appropriations made for such purposes to the state treasurer for disbursement to the charter schools in each county in an amount as determined by this paragraph. The apportionments shall be made in twelve equal installments of the total amount to be apportioned during the fiscal year on the fifteenth day of each month of the fiscal year. 6. Notwithstanding paragraph 5 of this subsection, if sufficient appropriated monies are available after the first forty days in session of the current year, a charter school may request additional state monies to fund the increased state aid due to anticipated student growth through the first one hundred days or two hundred days in session, as applicable, of the current year as provided in section 15-948. In no event shall a charter school have received more than three-fourths of its total apportionment before April 15 of the fiscal year. Early payments pursuant to this subsection must be approved by the state treasurer, the director of the department of administration and the superintendent of public instruction. 7. The charter school shall not charge tuition, levy taxes or issue bonds. 8. Not later than noon on the day preceding each apportionment date established by paragraph 5 of this subsection, the superintendent of public instruction shall furnish to the state treasurer an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the charter schools for the amount apportioned. C. If a pupil is enrolled in both a charter school and a public school that is not a charter school, the sum of the daily membership, which includes enrollment as prescribed in section 15-901, subsection A, paragraph 2, subdivisions (a) and (b) and daily attendance as prescribed in section 15-901, subsection A, paragraph 6, for that pupil in the school district and the charter school shall not exceed 1.0. If a pupil is enrolled in both a charter school and a public school that is not a charter school, the department of education shall direct the average daily membership to the school with the most recent enrollment date. Upon validation of actual enrollment in both a charter school and a public school that is not a charter school and if the sum of the daily membership or daily attendance for that pupil is greater than 1.0, the sum shall be reduced to 1.0 and shall be apportioned between the public school and the charter school based on the percentage of total time that the pupil is enrolled or in attendance in the public school and the charter school. The uniform system of financial records shall include guidelines for the apportionment of the pupil enrollment and attendance as provided in this section. D. Charter schools are allowed to accept grants and gifts to supplement their state funding, but it is not the intent of the charter school law to require taxpayers to pay twice to educate the same pupils. The base support level for a charter school or for a school district sponsoring a charter school shall be reduced by an amount equal to the total amount of monies received by a charter school from a federal or state agency if the federal or state monies are intended for the basic maintenance and operations of the school. The superintendent of public instruction shall estimate the amount of the reduction for the budget year and shall revise the reduction to reflect the actual amount before May 15 of the current year. If the reduction results in a negative amount, the negative amount shall be used in computing all budget limits and equalization assistance, except that: 1. Equalization assistance shall not be less than zero. 2. For a charter school sponsored by the state board of education or the state board for charter schools, the total of the base support level, the capital outlay revenue limit, the soft capital allocation and the additional assistance shall not be less than zero. 3. For a charter school sponsored by a school district, the base support level for the school district shall not be reduced by more than the amount that the charter school increased the district's base support level, capital outlay revenue limit and soft capital allocation. E. If a charter school was a district public school in the prior year and is now being operated for or by the same school district and sponsored by the state board of education, the state board for charter schools or a school district governing board, the reduction in subsection D of this section applies. The reduction to the base support level of the charter school or the sponsoring district of the charter school shall equal the sum of the base support level and the additional assistance received in the current year for those pupils who were enrolled in the traditional public school in the prior year and are now enrolled in the charter school in the current year. F. Equalization assistance for charter schools shall be provided as a single amount based on average daily membership without categorical distinctions between maintenance and operations or capital. G. At the request of a charter school, the county school superintendent of the county where the charter school is located may provide the same educational services to the charter school as prescribed in section 15-308, subsection A. The county school superintendent may charge a fee to recover costs for providing educational services to charter schools. H. If the sponsor of the charter school determines at a public meeting that the charter school is not in compliance with federal law, with the laws of this state or with its charter, the sponsor of a charter school may submit a request to the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the charter school. The department of education shall adjust the charter school's apportionment accordingly. The sponsor shall provide written notice to the charter school at least seventy-two hours before the meeting and shall allow the charter school to respond to the allegations of noncompliance at the meeting before the sponsor makes a final determination to notify the department of education of noncompliance. The charter school shall submit a corrective action plan to the sponsor on a date specified by the sponsor at the meeting. The corrective action plan shall be designed to correct deficiencies at the charter school and to ensure that the charter school promptly returns to compliance. When the sponsor determines that the charter school is in compliance, the department of education shall restore the full amount of state aid payments to the charter school. I. A charter school may receive and spend monies distributed by the department of education pursuant to section 42-5029, subsection E and section 37-521, subsection B. J. For the purposes of this section: 1. "Monies intended for the basic maintenance and operations of the school" means monies intended to provide support for the educational program of the school, except that it does not include supplemental assistance for a specific purpose or P.L. 81-874 monies. The auditor general shall determine which federal or state monies meet the definition in this paragraph. 2. "Operated for or by the same school district" means the charter school is either governed by the same district governing board or operated by the district in the same manner as other traditional schools in the district or is operated by an independent party that has a contract with the school district. The auditor general and the department of education shall determine which charter schools meet the definition in this subsection. 15-187.01 Optional inclusion of charter school employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition
A. If a governing body of a charter school determines that state health and
accident insurance coverage is necessary or desirable and in the best interest of the
charter school, it may provide for inclusion of the charter school's employees and
spouses and dependents of the charter school's employees in state health and accident
insurance coverage pursuant to section 38-651.
B. If the charter school elects to participate in the state health and accident
insurance coverage, it shall be the only health and accident insurance coverage offered
to charter school employees.
C. A charter school governing body that elects to include its employees in the
state health and accident insurance coverage shall notify the department of
administration of its intention to do so by January 15 of the calendar year prior to the
school year starting after June 30 in which the charter school's employees would be
eligible to receive state health and accident insurance coverage.
D. A charter school governing body that elects to include its employees in the
state health and accident insurance coverage shall participate in state health and
accident insurance coverage for at least two years.
E. Charter schools that opt to participate in the state health and accident
insurance coverage shall agree to accept the benefit level, plan design, insurance
providers, premium level and other terms and conditions determined by the department of
administration and shall accept such other contractual arrangements made by the
department of administration with health and accident insurance providers.
F. Charter schools shall reimburse the department of administration for
administrative and operational costs associated with charter schools participating in the
state health and accident insurance coverage determined pursuant to section 38-651,
subsection K.
G. As used in this section, "state health and accident insurance coverage" means
the health and accident coverage procured by the department of administration under
section 38-651.
15-187 Charter schools; teachers; employment benefits
A. A teacher who is employed by or teaching at a charter school and who was
previously employed as a teacher at a school district shall not lose any right of
certification, retirement or salary status or any other benefit provided by law, by the
rules of the governing board of the school district or by the rules of the board of
directors of the charter school due to teaching at a charter school on the teacher's
return to the school district.
B. A teacher who is employed by or teaching at a charter school and who submits an
employment application to the school district where the teacher was employed immediately
before employment by or at a charter school shall be given employment preference by the
school district if both of the following conditions are met:
1. The teacher submits an employment application to the school district no later
than three years after ceasing employment with the school district.
2. A suitable position is available at the school district.
C. A charter school that is sponsored by a school district governing board, the
state board of education or the state board for charter schools is eligible to
participate in the ARIZONA state retirement system pursuant to title 38, chapter 5,
article 2. The charter school is a political subdivision of this state for purposes of
title 38, chapter 5, article 2.
15-188 Charter schools stimulus fund
A. The charter schools stimulus fund is established for the purpose of providing
financial support to charter school applicants and charter schools for start-up costs and
costs associated with renovating or remodeling existing buildings and structures. The
fund consists of monies appropriated by the legislature and grants, gifts, devises and
donations from any public or private source. The department of education shall
administer the fund.
B. The state board of education shall adopt rules to implement the provisions of
this section, including application and notification requirements. If sufficient monies
are appropriated for this purpose, monies from the charter schools stimulus fund shall be
distributed to qualifying charter school applicants and charter schools in the following
manner:
1. Each qualifying charter school applicant or charter school shall be awarded an
initial grant of up to one hundred thousand dollars during or before the first year of
the charter school's operation. If an applicant for a charter school receives an initial
grant pursuant to this paragraph and fails to begin operating a charter school within the
next eighteen months, the applicant shall reimburse the department of education for the
amount of the initial grant plus interest calculated at a rate of ten per cent a year.
2. Applicants for charter schools and charter schools that received initial grants
pursuant to paragraph 1 may apply to the department of education for an additional grant
of up to one hundred thousand dollars. If an applicant for a charter school receives an
additional grant pursuant to this paragraph and fails to begin operating a charter school
within the next eighteen months, the applicant shall reimburse the department of
education for the amount of the additional grant plus interest calculated at a rate of
ten per cent a year. A reimbursement required by this paragraph is in addition to any
reimbursement required by paragraph 1.
C. Monies in the charter schools stimulus fund are exempt from the provisions of
section 35-190 relating to lapsing of appropriations. 15-189.01 Charter schools; zoning; development fees
A. Charter schools shall be classified as public schools for the purposes of the
assessment of zoning fees, site plan fees and development fees. Municipalities and
counties shall adopt procedures to ensure that hearings and administrative reviews
involving charter schools are scheduled and conducted on an expedited basis and that
charter schools receive a final determination from the municipality or county within
thirty days of the beginning of processes requiring only an administrative review and
within ninety days of the beginning of processes requiring a public hearing and allowing
an appeal to a board of adjustment, city or town council or board of supervisors.
B. No political subdivision of this state may enact or interpret any law, rule or
ordinance in a manner that conflicts with subsection A.
15-189.02 Charter schools; public bidding requirements
A. A charter school's procurement is exempt from public bidding requirements if the
aggregate dollar amount of the procurement does not exceed the maximum amount of the
exemption authorized by title 41, chapter 23 or pursuant to rules adopted by the director
of the department of administration.
B. Notwithstanding subsection A, the state board for charter schools may authorize
an exemption from public bidding requirements that exceeds the maximum exemption
prescribed in subsection A of this section for any charter school sponsored by the state
board for charter schools.
15-189.03 Academic credits; transfer
If a pupil who was previously enrolled in a charter school enrolls in a public
school in this state, the public school shall accept credits earned by the pupil in
courses or instructional programs at the charter school in a uniform and consistent
manner and according to the same criteria that are used to accept academic credits from
other public schools.
15-189 Charter schools; vacant buildings; list; used equipment
A. The department of education, in conjunction with the department of
administration, shall annually publish a list of vacant and unused buildings and vacant
and unused portions of buildings that are owned by this state or by school districts in
this state and that may be suitable for the operation of a charter school. The department
of education shall make the list available to applicants for charter schools and to
existing charter schools. The list shall include the address of each building, a short
description of the building and the name of the owner of the building. Nothing in this
section requires the owner of a building on the list to sell or lease the building or a
portion of the building to a charter school or to any other school or to any other
prospective buyer or tenant.
B. A school district may sell used equipment to a charter school before the school
district attempts to sell or dispose of the equipment by other means. 15-191.01 Family literacy program; procedures; curriculum; eligibility plan
(Rpld. 1/2/14)
A. The family literacy program is established in the state board of education
through the division of early childhood education programs to increase the basic academic
and literacy skills of eligible parents and their preschool children in accordance with
this article. The state board of education shall establish family literacy projects as
part of the overall program at locations where there is a high incidence of economic and
educational disadvantage as determined by the state board of education in consultation
with the department of economic security and, as appropriate, other state agencies.
B. The state board of education shall adopt procedures necessary to implement the
family literacy program.
C. The state board of education shall establish guidelines for requiring family
literacy program participants to engage in community service activities in exchange for
benefits received from the program. Participants shall be allowed to choose from a
variety of community and faith-based service providers that are under contract with the
department to provide community service opportunities or program services. Participants
shall be allowed and encouraged to engage in community services within their own
communities. Participants shall be allowed to fulfill the requirements of this subsection
by providing community services to the program from which they received services.
D. The state board of education shall submit an annual report by December 31 to the
governor, the speaker of the house of representatives and the president of the senate
regarding the community service activities of family literacy program participants
pursuant to subsection C, including information on the number of participants, the types
of community service performed and the number of hours spent in community service
activities.
E. Local education agencies and adult education programs funded by the department
of education are eligible for grants if the state board of education determines that a
high percentage of adults in the county, the local school district or the targeted local
school service area have not graduated from high school. Selection criteria for grant
awards shall include at a minimum the educational needs of the adult population, the
incidence of unemployment in the county, district or local targeted school service area,
the degree to which community collaboration and partnership demonstrate the ability to
bring additional resources to the program and the readiness and likelihood of the
proposing organizations to establish a successful family literacy project.
F. Each project team shall include representatives from each of the following:
1. One or more local school districts or the county school superintendent's office.
2. An adult education provider funded by the division of adult education or a
provider that complies with the policies, academic standards, performance outcomes,
assessment and data collection requirements of adult education as prescribed by the
division of adult education.
3. A private or public early childhood education provider.
4. Any other social service, governmental or private agency that may provide
assistance for the planning and operation of the project.
G. In addition to the grants prescribed in subsection H, the state board of
education shall authorize two grants to existing literacy programs in this state that can
offer training and serve as models and training resources for the establishment and
expansion of other programs throughout this state. Existing literacy programs shall
submit a grant application to the state board of education in the same manner as
prescribed in subsection K.
H. The state board of education shall authorize additional grants through the
division of early childhood education programs in areas of educational and economic need.
I. Selected projects shall use either:
1. A nationally recognized family literacy model such as models developed by the
national center for family literacy or its successor.
2. A model that, in the determination of the project team and the state board of
education, is superior to a nationally recognized family literacy model.
J. Eligible parents shall be instructed in adult basic education and general
educational development. Preschool children shall receive instruction in developmentally
appropriate early childhood programs. Other planned, structured activities involving
parents and children in learning activities may be established as a part of the
curriculum.
K. Each grant application shall include a plan to address at least the following:
1. Identification and recruitment of eligible parents and children.
2. Screening and preparation of parents and children for participation in the
family literacy program.
3. Instructional programs and assessment practices that promote academic and
literacy skills and that equip parents to provide needed support for the educational
growth and success of their children.
4. A determination that at least ten but no more than twenty parents with children
will be eligible for and be enrolled in the family literacy program at all times, or that
the family literacy programs shall document efforts to continually recruit eligible
families.
5. Provision of child care through either private or public providers.
6. A transportation plan for participants.
7. An organizational partnership involving at a minimum a common school, a private
or publicly funded preschool provider and an adult education program funded by the
department of education or by an outside funding source. 15-191 Definitions
In this article, unless the context otherwise requires:
1. "Eligible parent" means a parent who meets the following requirements:
(a) Has a three year old or four year old child.
(b) Lacks sufficient mastery of basic educational or basic English language skills
needed to function effectively in society or lacks a high school diploma or its
equivalent.
(c) Is a citizen or a legal resident of the United States or is otherwise lawfully
present in the United States.
2. "Family literacy program" means a program that is established pursuant to this
article and that is designed to promote the acquisition of language and literacy skills
by parents and their preschool children in a shared instructional setting.
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