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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Education
Chapter : LOCAL GOVERNANCE OF SCHOOLS
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15-301 Office of county school superintendent; qualifications; travel expenses
A. A person is eligible for election as county school superintendent if the person
holds a basic or standard certificate to teach in the schools of this state.
B. In addition to the salary allowed by law, the county school superintendent is
eligible for reimbursement of travel expenses.
C. The office of county school superintendent is designated as a local education
service agency for the purpose of serving as an education service agency that is eligible
to receive and spend local, state and federal monies to provide programs and services to
school districts and charter schools within that county.
D. The office of county school superintendent shall be under the jurisdiction of
the elected county school superintendent.
15-302 Powers and duties
A. The county school superintendent shall:
1. Distribute all laws, reports, circulars, instructions and forms which he may
receive for the use of school officers.
2. Record all official acts.
3. Appoint governing board members of school districts to fill all vacancies, but
the term of the appointment shall be until the next regular election for governing board
members, at which time a successor shall be elected to serve the unexpired portion of the
term. The county school superintendent may, if he deems it in the best interest of the
community, call a special election to fill the vacancies. If an election is called, the
newly elected member shall serve for the remainder of the unexpired portion of the term.
4. Make reports, when directed by the superintendent of public instruction, showing
matters relating to schools in his county as may be required on the forms furnished by
the superintendent of public instruction.
5. Have such powers and perform such duties as otherwise prescribed by law.
6. On or before October 1 of each year, make a report to the superintendent of
public instruction showing the amount of monies received from state school funds, special
school district taxes and other sources, the total expenditures for school purposes and
the balance on hand to the credit of each school district at the close of the school
year.
7. Contract with the board of supervisors for the board of supervisors to conduct
all regular school district elections.
8. Be responsible, in cooperation with the governing boards and the board of
supervisors, for all special school district elections.
9. Maintain teacher and administrator certification records of effective dates and
expiration dates of teachers' and administrators' certificates in compliance with
guidelines prescribed in the uniform system of financial records for those school
districts for which the county school superintendent is the fiscal agent. The county
school superintendent shall not draw a warrant in payment of a teacher's, substitute
teacher's or administrator's salary unless the teacher, substitute teacher or
administrator is legally certified during the fiscal year in which the term for payment
is demanded.
10. Notify a school district three years before the expiration of a revenue control
limit override that the school district's budget must be adjusted in the final two years
of the override pursuant to section 15-481, subsections P and Q, if the voters do not
approve another override.
11. In collaboration with the department of education and other state agencies,
provide assistance to school districts and charter schools on the use of student data,
staff development, curriculum alignment and technology to improve student performance.
12. Assist schools in meeting yearly adequate progress goals as defined by criteria
established by the state board of education and implemented by the department of
education.
B. At the request of school districts and charter schools, the county school
superintendent may provide discretionary programs in addition to the programs prescribed
in subsection A.
C. The county school superintendent may provide the services prescribed in
subsections A and B in the county or jointly with two or more counties pursuant to title
11, chapter 7, article 3.
D. Each county school superintendent may establish an advisory committee to the
office of the county school superintendent.
15-303 Apportionment of funds
The county school superintendent shall apportion the school monies to each school
district of the county. He shall give written notification to the county treasurer of
the amount apportioned to each school district and to the governing board of the school
district of the amount apportioned to the district.
15-304 Warrants; limitations; definition
The county school superintendent, on the voucher of the governing board of a school
district, shall draw his warrant on the county treasurer for all necessary expenses
against the school fund of the district. The warrants shall be drawn in the order in
which the vouchers are filed in his office. A warrant shall not be drawn for an
expenditure from the maintenance and operation, capital outlay, adjacent ways and federal
and state grant funds for a purpose not included in the budget of the school district or
for an expenditure in excess of the amount budgeted and not previously expended, except
for expenditures authorized by the board of supervisors as provided in section
15-907. The county school superintendent shall not draw a warrant for an expenditure
from any school district fund except the maintenance and operation, capital outlay or
adjacent ways fund or federal and state grant funds unless sufficient cash is available
in the fund according to the records of the county school superintendent. The county
school superintendent may only draw a warrant for an expenditure from a federal or state
grant fund when sufficient cash is not available in the grant fund if the county
treasurer maintains the two accounts as provided in section 15-996, paragraph 1 and if
the county school superintendent determines that the expenditures are included in the
budget section of the approved grant application. For purposes of this section, "voucher"
means a summary cover sheet and either copies of the invoices of the expenditure or a
listing of the invoice detail. 15-306 Register of warrants
The county school superintendent shall keep a register of warrants showing the funds
upon which the warrants have been drawn, the number of warrants, in whose favor and for
what purpose drawn, and also a receipt from the person to whom the warrant was delivered.
15-308 Providing educational services of an accommodation school
A. The county school superintendent may provide educational services of an
accommodation school to the school districts in the county using the facilities of the
accommodation school. The county school superintendent shall administer the program and
shall develop a fiscal year budget according to the process specified for school
districts.
B. A county may offer educational services to homeless children or alternative
education programs as defined in section 15-796 through an accommodation school.
15-321 Organization; election of officers of the board; meetings; execution of warrants; exemption
A. For the purpose of organization of the governing board, the board shall meet at
the most convenient public facility in the school district. If a public facility is not
available within the district, the governing board may meet at any available public
facility that is convenient to all governing board members, regardless of the county or
school district in which the facility is located. The governing board shall meet between
January 1 and January 15 next following the election.
B. At the organization meeting the governing board shall elect from among the
membership of the board a president.
C. For the purposes of regular meetings of the governing board, the board shall
meet at the most convenient public facility in the school district. If a public facility
is not available within the district, the governing board may meet at any available
public facility that is convenient to all governing board members, regardless of the
county or school district in which the facility is located.
D. The board shall prescribe rules for its own government. It shall hold a regular
meeting at least once each month during the regular school year and may hold other
meetings as often as called. If action has been taken and documents approved at a
meeting, they may be signed subsequently by individual board members.
E. Business shall be conducted at regular or special meetings. Notice of a special
meeting, and of the hour for a regular meeting if no hour is fixed by a rule of the
board, shall be delivered personally or by telephone.
F. A majority of the members of a governing board constitutes a quorum for the
transaction of business.
G. An order on a county school superintendent for a salary or other expense shall
be signed by a majority of the governing board. An order for salary or other expense may
be signed between board meetings if a resolution to that effect has been passed prior to
the signing at a regular or special meeting of the governing board and the order is
ratified by the board at the next regular or special meeting of the governing board.
H. This section does not apply to county school superintendents in the conduct of
an accommodation school.
15-322 Organization of the governing board of a consolidated school district
A. A meeting of the governing board of the consolidated school district shall be
called by the county school superintendent within ten days after their election.
B. At the meeting provided by subsection A the members shall organize the board of
the consolidated school district.
1. They shall receive from the boards of the school districts which have been
consolidated all property, accounts and records of such boards.
2. Property of the several school districts shall become the property of the newly
formed school district.
3. Balances or deficits in the funds of the several school districts consolidated
shall become the balances or deficits of the new school district.
4. All bonded indebtedness of the school districts consolidated shall become the
bonded indebtedness of the new school district.
15-323 Governing board member; voting eligibility; purchases from board member
A. Notwithstanding any other provision of law, a governing board member is eligible
to vote on any budgetary, personnel or other question which comes before the board,
except:
1. It shall be unlawful for a member to vote on a specific item which concerns the
appointment, employment or remuneration of such member or any person related to such
member who is a spouse or a dependent as defined in section 43-1001.
2. No member may vote on the employment of a person who is a member of the
governing board or who is the spouse of a member of the governing board and whose
membership on the board and employment are prohibited by section 15-421, subsection D.
B. The governing board may make purchases from a board member if the transaction
does not exceed three hundred dollars, the total purchases from any board member by the
board within any twelve month period do not exceed one thousand dollars and the board has
by majority vote adopted within the preceding twelve month period a policy authorizing
such purchases.
C. Notwithstanding subsection B of this section, the governing board of a school
district having a student count of fewer than three thousand may make purchases from a
board member in any amount as provided in this subsection and section 15-213. The
governing board must approve each purchase from a board member, and the amount of the
purchase or contract for purchase shall be included in the minutes of the meeting at
which the governing board approves the purchase.
15-326 Capacity to sue and be sued and to hold and convey property
The governing board of a school district shall in the district name, as specified in
section 15-441, subsection B:
1. Sue and be sued.
2. Hold and convey property for the use and benefit of the district.
15-327 Advisory meetings of school district electors; notice; procedure; effect
A. The governing board may call meetings of the qualified school electors of the
school district for consultation concerning any litigation in which the district is
engaged or is likely to become engaged, or concerning any other affairs of the district
not otherwise provided for.
B. Upon a petition of fifteen per cent or one thousand of the qualified electors of
the school district as shown by the last regular school election, the governing board
shall call such meeting.
C. Meetings of electors shall be called by posting notices in three public places
in the school district, including the door of the school building, for not less than ten
days preceding the meeting. The notices shall specify the purpose for which the meeting
is called, and no other business shall be transacted at the meeting.
D. A school district meeting shall be called to order and presided over by the
president of the governing board or, in his absence, by an elector chosen by the electors
present. At the meetings all voting shall be by ballot of the qualified school
electors. In all matters the meeting may exercise advisory power only.
15-328 Single administrative program
A. Any common school district and any high school district having common governing
board membership and coterminous district boundaries may by resolution of each board
provide for the operation of such school districts under a single administrative program.
B. Operation of school districts under a single administrative program shall be
commenced on July 1 of any year. The county school superintendent and the superintendent
of public instruction shall be notified at least forty-five days before the beginning of
a fiscal year of intention to operate under a single administrative program.
C. For purposes of this section, "single administrative program" means that a
common school district and a high school district as provided in subsection A may combine
administrative functions including but not limited to land acquisition, construction of
school buildings, employment of all persons engaged in the administration and operation
of the common school district and the high school district, and purchase and use of
equipment and services, provided such expenditures are properly prorated to the separate
accounts of the common school districts and the high school districts. The proration
shall also apply for budget purposes.
D. All other provisions of this title shall be complied with by each of the
districts, except that for the purpose of school administration a single administrative
program may be conducted.
15-341.01 One hundred eighty day school year
A. Notwithstanding any other law, school instruction shall be conducted in each
public school in this state for school sessions that total at least one hundred eighty
days each school year. The superintendent of public instruction shall cause all relevant
school funding formulas to be adjusted to reflect instruction on the one hundred eighty
days' equivalency. The department of education shall adjust the amount of state aid
distributed to school districts pursuant to section 15-971 to correspond to the increased
number of school days prescribed by this section.
B. The legislative council shall prepare draft legislation that conforms the
statutes and furthers the purposes of this section pursuant to article IV, part 1,
section 1, Constitution of ARIZONA.
15-341 General powers and duties; immunity; delegation
A. The governing board shall:
1. Prescribe and enforce policies and procedures for the governance of the schools,
not inconsistent with law or rules prescribed by the state board of education.
2. Maintain the schools established by it for the attendance of each pupil for a
period of not less than one hundred seventy-five school days or two hundred school days,
as applicable, or its equivalent as approved by the superintendent of public instruction
for a school district operating on a year-round operation basis, to offer an educational
program on the basis of a four day school week or to offer an alternative kindergarten
program on the basis of a three day school week, in each school year, and if the funds of
the district are sufficient, for a longer period, and as far as practicable with equal
rights and privileges.
3. Exclude from schools all books, publications, papers or audiovisual materials of
a sectarian, partisan or denominational character.
4. Manage and control the school property within its district.
5. Acquire school furniture, apparatus, equipment, library books and supplies for
the use of the schools.
6. Prescribe the curricula and criteria for the promotion and graduation of pupils
as provided in sections 15-701 and 15-701.01.
7. Furnish, repair and insure, at full insurable value, the school property of the
district.
8. Construct school buildings on approval by a vote of the district electors.
9. Make in the name of the district conveyances of property belonging to the
district and sold by the board.
10. Purchase school sites when authorized by a vote of the district at an election
conducted as nearly as practicable in the same manner as the election provided in section
15-481 and held on a date prescribed in section 15-491, subsection E, but such
authorization shall not necessarily specify the site to be purchased and such
authorization shall not be necessary to exchange unimproved property as provided in
section 15-342, paragraph 23.
11. Construct, improve and furnish buildings used for school purposes when such
buildings or premises are leased from the national park service.
12. Purchase school sites or construct, improve and furnish school buildings from
the proceeds of the sale of school property only on approval by a vote of the district
electors.
13. Hold pupils to strict account for disorderly conduct on school property.
14. Discipline students for disorderly conduct on the way to and from school.
15. Except as provided in section 15-1224, deposit all monies received by the
district as gifts, grants and devises with the county treasurer who shall credit the
deposits as designated in the uniform system of financial records. If not inconsistent
with the terms of the gifts, grants and devises given, any balance remaining after
expenditures for the intended purpose of the monies have been made shall be used for
reduction of school district taxes for the budget year, except that in the case of
accommodation schools the county treasurer shall carry the balance forward for use by the
county school superintendent for accommodation schools for the budget year.
16. Provide that, if a parent or legal guardian chooses not to accept a decision of
the teacher as provided in section 15-521, paragraph 3, the parent or legal guardian may
request in writing that the governing board review the teacher's decision. Nothing in
this paragraph shall be construed to release school districts from any liability relating
to a child's promotion or retention.
17. Provide for adequate supervision over pupils in instructional and
noninstructional activities by certificated or noncertificated personnel.
18. Use school monies received from the state and county school apportionment
exclusively for payment of salaries of teachers and other employees and contingent
expenses of the district.
19. Make an annual report to the county school superintendent on or before October 1
each year in the manner and form and on the blanks prescribed by the superintendent of
public instruction or county school superintendent. The board shall also make reports
directly to the county school superintendent or the superintendent of public instruction
whenever required.
20. Deposit all monies received by school districts other than student activities
monies or monies from auxiliary operations as provided in sections 15-1125 and 15-1126
with the county treasurer to the credit of the school district except as provided in
paragraph 21 of this subsection and sections 15-1223 and 15-1224, and the board shall
expend the monies as provided by law for other school funds.
21. Establish a bank account in which the board during a month may deposit
miscellaneous monies received directly by the district. The board shall remit monies
deposited in the bank account at least monthly to the county treasurer for deposit as
provided in paragraph 20 of this subsection and in accordance with the uniform system of
financial records.
22. Employ an attorney admitted to practice in this state whose principal practice
is in the area of commercial real estate, or a real estate broker who is licensed by this
state and who is employed by a reputable commercial real estate company, to negotiate a
lease of five or more years for the school district if the governing board decides to
enter into a lease of five or more years as lessor of school buildings or grounds as
provided in section 15-342, paragraph 7 or 10. Any lease of five or more years negotiated
pursuant to this paragraph shall provide that the lessee is responsible for payment of
property taxes pursuant to the requirements of section 42-11104.
23. Prescribe and enforce policies and procedures for disciplinary action against a
teacher who engages in conduct that is a violation of the policies of the governing board
but that is not cause for dismissal of the teacher or for revocation of the certificate
of the teacher. Disciplinary action may include suspension without pay for a period of
time not to exceed ten school days. Disciplinary action shall not include suspension with
pay or suspension without pay for a period of time longer than ten school days. The
procedures shall include notice, hearing and appeal provisions for violations that are
cause for disciplinary action. The governing board may designate a person or persons to
act on behalf of the board on these matters.
24. Prescribe and enforce policies and procedures for disciplinary action against an
administrator who engages in conduct that is a violation of the policies of the governing
board regarding duties of administrators but that is not cause for dismissal of the
administrator or for revocation of the certificate of the administrator. Disciplinary
action may include suspension without pay for a period of time not to exceed ten school
days. Disciplinary action shall not include suspension with pay or suspension without pay
for a period of time longer than ten school days. The procedures shall include notice,
hearing and appeal provisions for violations that are cause for disciplinary action. The
governing board may designate a person or persons to act on behalf of the board on these
matters. For violations that are cause for dismissal, the provisions of notice, hearing
and appeal in chapter 5, article 3 of this title shall apply. The filing of a timely
request for a hearing suspends the imposition of a suspension without pay or a dismissal
pending completion of the hearing.
25. Notwithstanding section 13-3108, prescribe and enforce policies and procedures
that prohibit a person from carrying or possessing a weapon on school grounds unless the
person is a peace officer or has obtained specific authorization from the school
administrator.
26. Prescribe and enforce policies and procedures relating to the health and safety
of all pupils participating in district sponsored practice sessions, games or other
interscholastic athletic activities, including the provision of water.
27. Prescribe and enforce policies and procedures regarding the smoking of tobacco
within school buildings. The policies and procedures shall be adopted in consultation
with school district personnel and members of the community and shall state whether
smoking is prohibited in school buildings. If smoking in school buildings is not
prohibited, the policies and procedures shall clearly state the conditions and
circumstances under which smoking is permitted, those areas in a school building that may
be designated as smoking areas and those areas in a school building that may not be
designated as smoking areas.
28. Establish an assessment, data gathering and reporting system as prescribed in
chapter 7, article 3 of this title.
29. Provide special education programs and related services pursuant to section
15-764, subsection A to all children with disabilities as defined in section 15-761.
30. Administer competency tests prescribed by the state board of education for the
graduation of pupils from high school.
31. Secure insurance coverage for all construction projects for purposes of general
liability, property damage and workers' compensation and secure performance and payment
bonds for all construction projects.
32. Keep on file the resumes of all current and former employees who provide
instruction to pupils at a school. Resumes shall include an individual's educational and
teaching background and experience in a particular academic content subject area. A
school district 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 a school. Nothing in this paragraph shall be
construed to require any 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.
33. Report to local law enforcement agencies any suspected crime against a person or
property that is a serious offense as defined in section 13-604 or that involves a deadly
weapon or dangerous instrument or serious physical injury and any conduct that poses a
threat of death or serious physical injury to employees, students or anyone on the
property of the school. This paragraph does not limit or preclude the reporting by a
school district or an employee of a school district of suspected crimes other than those
required to be reported by this paragraph. For the purposes of this paragraph, "dangerous
instrument", "deadly weapon" and "serious physical injury" have the same meaning
prescribed in section 13-105.
34. In conjunction with local law enforcement agencies and local medical facilities,
develop an emergency response plan for each school in the school district in accordance
with minimum standards developed jointly by the department of education and the division
of emergency management within the department of emergency and military affairs.
35. Annually assign at least one school district employee to participate in a
multihazard crisis training program developed or selected by the governing board.
36. Provide written notice to the parents or guardians of all students affected in
the school district at least thirty days prior to a public meeting to discuss closing a
school within the school district. The notice shall include the reasons for the proposed
closure and the time and place of the meeting. The governing board shall fix a time for
a public meeting on the proposed closure no less than thirty days before voting in a
public meeting to close the school. The school district governing board shall give notice
of the time and place of the meeting. At the time and place designated in the notice, the
school district governing board shall hear reasons for or against closing the school.
The school district governing board is exempt from this paragraph if it is determined by
the governing board that the school shall be closed because it poses a danger to the
health or safety of the pupils or employees of the school.
37. Incorporate instruction on Native American history into appropriate existing
curricula.
38. Prescribe and enforce policies and procedures allowing pupils who have been
diagnosed with anaphylaxis by a health care provider licensed pursuant to title 32,
chapter 13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified
pursuant to title 32, chapter 15 to carry and self-administer emergency medications
including auto-injectable epinephrine while at school and at school sponsored activities.
The pupil's name on the prescription label on the medication container or on the
medication device and annual written documentation from the pupil's parent or guardian to
the school that authorizes possession and self-administration is sufficient proof that
the pupil is entitled to the possession and self-administration of the medication. The
policies shall require a pupil who uses auto-injectable epinephrine while at school and
at school sponsored activities to notify the nurse or the designated school staff person
of the use of the medication as soon as practicable. A school district and its employees
are immune from civil liability with respect to all decisions made and actions taken that
are based on good faith implementation of the requirements of this paragraph, except in
cases of wanton or wilful neglect.
39. Allow the possession and self-administration of prescription medication for
breathing disorders in handheld inhaler devices, by pupils who have been prescribed that
medication by a health care professional licensed pursuant to title 32. The pupil's name
on the prescription label on the medication container or on the handheld inhaler device
and annual written documentation from the pupil's parent or guardian to the school that
authorizes possession and self-administration shall be sufficient proof that the pupil is
entitled to the possession and self-administration of the medication. A school district
and its employees are immune from civil liability with respect to all decisions made and
actions taken that are based on a good faith implementation of the requirements of this
paragraph.
40. Prescribe and enforce policies and procedures to prohibit pupils from harassing,
intimidating and bullying other pupils on school grounds, on school property, on school
buses, at school bus stops and at school sponsored events and activities that include the
following components:
(a) A procedure for pupils to confidentially report to school officials incidents
of harassment, intimidation or bullying.
(b) A procedure for parents and guardians of pupils to submit written reports to
school officials of suspected incidents of harassment, intimidation or bullying.
(c) A requirement that school district employees report suspected incidents of
harassment, intimidation or bullying to the appropriate school official.
(d) A formal process for the documentation of reported incidents of harassment,
intimidation or bullying, except that no documentation shall be maintained unless the
harassment, intimidation or bullying has been proven.
(e) A formal process for the investigation by the appropriate school officials of
suspected incidents of harassment, intimidation or bullying.
(f) Disciplinary procedures for pupils who have admitted or been found to have
committed incidents of harassment, intimidation or bullying.
(g) A procedure that sets forth consequences for submitting false reports of
incidents of harassment, intimidation or bullying.
B. Notwithstanding subsection A, paragraphs 8, 10 and 12 of this section, the
county school superintendent may construct, improve and furnish school buildings or
purchase or sell school sites in the conduct of an accommodation school.
C. If any school district acquires real or personal property, whether by purchase,
exchange, condemnation, gift or otherwise, the governing board shall pay to the county
treasurer any taxes on the property that were unpaid as of the date of acquisition,
including penalties and interest. The lien for unpaid delinquent taxes, penalties and
interest on property acquired by a school district:
1. Is not abated, extinguished, discharged or merged in the title to the property.
2. Is enforceable in the same manner as other delinquent tax liens.
D. The governing board 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 school district may locate a
school within the affected buffer zone. The agreement may include any stipulations
regarding the 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.
E. A school district, its governing board members, its school council members and
its employees are immune from civil liability for the consequences of adoption and
implementation of policies and procedures pursuant to subsection A of this section and
section 15-342. This waiver does not apply if the school district, its governing board
members, its school council members or its employees are guilty of gross negligence
or intentional misconduct.
F. A governing board may delegate in writing to a superintendent, principal or head
teacher the authority to prescribe procedures that are consistent with the governing
board's policies.
G. Notwithstanding any other provision of this title, a school district governing
board shall not take any action that would result in an immediate reduction or a
reduction within three years of pupil square footage that would cause the school district
to fall below the minimum adequate gross square footage requirements prescribed in
section 15-2011, subsection C, unless the governing board notifies the school facilities
board established by section 15-2001 of the proposed action and receives written approval
from the school facilities board to take the action. A reduction includes an increase in
administrative space that results in a reduction of pupil square footage or sale of
school sites or buildings, or both. A reduction includes a reconfiguration of grades that
results in a reduction of pupil square footage of any grade level. This subsection does
not apply to temporary reconfiguration of grades to accommodate new school construction
if the temporary reconfiguration does not exceed one year. The sale of equipment that
results in an immediate reduction or a reduction within three years that falls below the
equipment requirements prescribed in section 15-2011, subsection B is subject to
commensurate withholding of school district capital outlay revenue limit monies pursuant
to the direction of the school facilities board. Except as provided in section 15-342,
paragraph 10, proceeds from the sale of school sites, buildings or other equipment shall
be deposited in the school plant fund as provided in section 15-1102.
H. Subsections C through G of this section apply to a county board of supervisors
and a county school superintendent when operating and administering an accommodation
school.
I. Until the state board of education and the auditor general adopt rules pursuant
to section 15-213, subsection J, a school district may procure construction services,
including services for new school construction pursuant to section 15-2041, by the
construction-manager-at-risk, design-build and job-order-contracting methods of project
delivery as provided in title 41, chapter 23, except that the rules adopted by the
director of the department of administration do not apply to procurements pursuant to
this subsection. Any procurement commenced pursuant to this subsection may be completed
pursuant to this subsection.
15-342 Discretionary powers The governing board may: 1. Expel pupils for misconduct. 2. Exclude from grades one through eight children under six years of age. 3. Make such separation of groups of pupils as it deems advisable. 4. Maintain such special schools during vacation as deemed necessary for the benefit of the pupils of the school district. 5. Permit a superintendent or principal or representatives of the superintendent or principal to travel for a school purpose, as determined by a majority vote of the board. The board may permit members and members-elect of the board to travel within or without the school district for a school purpose and receive reimbursement. Any expenditure for travel and subsistence pursuant to this paragraph shall be as provided in title 38, chapter 4, article 2. The designated post of duty referred to in section 38-621 shall be construed, for school district governing board members, to be the member's actual place of residence, as opposed to the school district office or the school district boundaries. Such expenditures shall be a charge against the budgeted school district funds. The governing board of a school district shall prescribe procedures and amounts for reimbursement of lodging and subsistence expenses. Reimbursement amounts shall not exceed the maximum amounts established pursuant to section 38-624, subsection C. 6. Construct or provide in rural districts housing facilities for teachers and other school employees which the board determines are necessary for the operation of the school. 7. Sell or lease to the state, a county, a city or a tribal government agency, any school property required for a public purpose, provided the sale or lease of the property will not affect the normal operations of a school within the school district. 8. Annually budget and expend funds for membership in an association of school districts within this state. 9. Enter into leases or lease-purchase agreements for school buildings or grounds, or both, as lessor or as lessee, for periods of less than five years subject to voter approval for construction of school buildings as prescribed in section 15-341, subsection A, paragraph 8. 10. Subject to chapter 16 of this title, sell school sites or enter into leases or lease-purchase agreements for school buildings and grounds, as lessor or as lessee, for a period of five years or more, but not to exceed ninety-nine years, if authorized by a vote of the school district electors in an election called by the governing board as provided in section 15-491, except that authorization by the school district electors in an election is not required if one of the following requirements is met: (a) The market value of the school property is less than fifty thousand dollars. (b) The buildings and sites are completely funded with monies distributed by the school facilities board. (c) The transaction involves the sale of improved or unimproved property pursuant to an agreement with the school facilities board in which the school district agrees to sell the improved or unimproved property and transfer the proceeds of the sale to the school facilities board in exchange for monies from the school facilities board for the acquisition of a more suitable school site. For a sale of property acquired by a school district prior to July 9, 1998, a school district shall transfer to the school facilities board that portion of the proceeds that equals the cost of the acquisition of a more suitable school site. If there are any remaining proceeds after the transfer of monies to the school facilities board, a school district shall only use those remaining proceeds for future land purchases approved by the school facilities board, or for capital improvements not funded by the school facilities board for any existing or future facility. (d) The transaction involves the sale of improved or unimproved property pursuant to a formally adopted plan and the school district uses the proceeds of this sale to purchase other property that will be used for similar purposes as the property that was originally sold, provided that the sale proceeds of the improved or unimproved property are used within two years after the date of the original sale to purchase the replacement property. If the sale proceeds of the improved or unimproved property are not used within two years after the date of the original sale to purchase replacement property, the sale proceeds shall be used towards payment of any outstanding bonded indebtedness. If any sale proceeds remain after paying for outstanding bonded indebtedness, or if the district has no outstanding bonded indebtedness, sale proceeds shall be used to reduce the district's primary tax levy. A school district shall not use the provisions of this subdivision unless all of the following conditions exist: (i) The school district is the sole owner of the improved or unimproved property that the school district intends to sell. (ii) The school district did not purchase the improved or unimproved property that the school district intends to sell with monies that were distributed pursuant to chapter 16 of this title. (iii) The transaction does not violate section 15-341, subsection G. 11. Review the decision of a teacher to promote a pupil to a grade or retain a pupil in a grade in a common school or to pass or fail a pupil in a course in high school. The pupil has the burden of proof to overturn the decision of a teacher to promote, retain, pass or fail the pupil. In order to sustain the burden of proof, the pupil shall demonstrate to the governing board that the pupil has mastered the academic standards adopted by the state board of education pursuant to sections 15-701 and 15-701.01. If the governing board overturns the decision of a teacher pursuant to this paragraph, the governing board shall adopt a written finding that the pupil has mastered the academic standards. Notwithstanding title 38, chapter 3, article 3.1, the governing board shall review the decision of a teacher to promote a pupil to a grade or retain a pupil in a grade in a common school or to pass or fail a pupil in a course in high school in executive session unless a parent or legal guardian of the pupil or the pupil, if emancipated, disagrees that the review should be conducted in executive session and then the review shall be conducted in an open meeting. If the review is conducted in executive session, the board shall notify the teacher of the date, time and place of the review and shall allow the teacher to be present at the review. If the teacher is not present at the review, the board shall consult with the teacher before making its decision. Any request, including the written request as provided in section 15-341, the written evidence presented at the review and the written record of the review, including the decision of the governing board to accept or reject the teacher's decision, shall be retained by the governing board as part of its permanent records. 12. Provide transportation or site transportation loading and unloading areas for any child or children if deemed for the best interest of the district, whether within or without the district, county or state. 13. Enter into intergovernmental agreements and contracts with school districts or other governing bodies as provided in section 11-952. 14. Include in the curricula which it prescribes for high schools in the school district career and technical education, vocational education and technology education programs and career and technical, vocational and technology program improvement services for the high schools, subject to approval by the state board of education. The governing board may contract for the provision of career and technical, vocational and technology education as provided in section 15-789. 15. Suspend a teacher or administrator from the teacher's or administrator's duties without pay for a period of time of not to exceed ten school days, if the board determines that suspension is warranted pursuant to section 15-341, subsection A, paragraphs 23 and 24. 16. Dedicate school property within an incorporated city or town to such city or town or within a county to that county for use as a public right-of-way if both of the following apply: (a) Pursuant to an ordinance adopted by such city, town or county, there will be conferred upon the school district privileges and benefits which may include benefits related to zoning. (b) The dedication will not affect the normal operation of any school within the district. 17. Enter into option agreements for the purchase of school sites. 18. Donate surplus or outdated learning materials to nonprofit community organizations where the governing board determines that the anticipated cost of selling the learning materials equals or exceeds the estimated market value of the materials. 19. Prescribe policies for the assessment of reasonable fees for students to use district-provided parking facilities. The fees are to be applied by the district solely against costs incurred in operating or securing the parking facilities. Any policy adopted by the governing board pursuant to this paragraph shall include a fee waiver provision in appropriate cases of need or economic hardship. 20. Establish alternative educational programs that are consistent with the laws of this state to educate pupils, including pupils who have been reassigned pursuant to section 15-841, subsection E or F. 21. Require a period of silence to be observed at the commencement of the first class of the day in the schools. If a governing board chooses to require a period of silence to be observed, the teacher in charge of the room in which the first class is held shall announce that a period of silence not to exceed one minute in duration will be observed for meditation, and during that time no activities shall take place and silence shall be maintained. 22. Require students to wear uniforms. 23. Exchange unimproved property or improved property, including school sites, where the governing board determines that the improved property is unnecessary for the continued operation of the school district without requesting authorization by a vote of the school district electors if the governing board determines that the exchange is necessary to protect the health, safety or welfare of pupils or when the governing board determines that the exchange is based on sound business principles for either: (a) Unimproved or improved property of equal or greater value. (b) Unimproved property that the owner contracts to improve if the value of the property ultimately received by the school district is of equal or greater value. 24. For common and high school pupils, assess reasonable fees for optional extracurricular activities and programs conducted when the common or high school is not in session, except that no fees shall be charged for pupils' access to or use of computers or related materials. For high school pupils, the governing board may assess reasonable fees for fine arts and vocational education courses and for optional services, equipment and materials offered to the pupils beyond those required to successfully complete the basic requirements of any other course, except that no fees shall be charged for pupils' access to or use of computers or related materials. Fees assessed pursuant to this paragraph shall be adopted at a public meeting after notice has been given to all parents of pupils enrolled at schools in the district and shall not exceed the actual costs of the activities, programs, services, equipment or materials. The governing board shall authorize principals to waive the assessment of all or part of a fee assessed pursuant to this paragraph if it creates an economic hardship for a pupil. For the purposes of this paragraph, "extracurricular activity" means any optional, noncredit, educational or recreational activity which supplements the education program of the school, whether offered before, during or after regular school hours. 25. Notwithstanding section 15-341, subsection A, paragraphs 8 and 10, construct school buildings and purchase or lease school sites, without a vote of the school district electors, if the buildings and sites are totally funded from one or more of the following: (a) Monies in the unrestricted capital outlay fund, except that the estimated cost shall not exceed two hundred fifty thousand dollars for a district that utilizes the provisions of section 15-949. (b) Monies distributed from the school facilities board established by section 15-2001. (c) Monies specifically donated for the purpose of constructing school buildings. Nothing in this paragraph shall be construed to eliminate the requirement for an election to raise revenues for a capital outlay override pursuant to section 15-481 or a bond election pursuant to section 15-491. 26. Conduct a background investigation that includes a fingerprint check conducted pursuant to section 41-1750, subsection G for certificated personnel and personnel who are not paid employees of the school district, as a condition of employment. A school district may release the results of a background check to another school district for employment purposes. The school district may charge the costs of fingerprint checks to its fingerprinted employee, except that the school district may not charge the costs of fingerprint checks for personnel who are not paid employees of the school district. 27. Sell advertising space on the exterior of school buses as follows: (a) Advertisements shall be age appropriate and not contain promotion of any substance that is illegal for minors such as alcohol, tobacco and drugs or gambling. Advertisements shall comply with the state sex education policy of abstinence. (b) Advertising approved by the governing board may appear only on the sides of the bus in the following areas: (i) The signs shall be below the seat level rub rail and not extend above the bottom of the side windows. (ii) The signs shall be at least three inches from any required lettering, lamp, wheel well or reflector behind the service door or stop signal arm. (iii) The signs shall not extend from the body of the bus so as to allow a handhold or present a danger to pedestrians. (iv) The signs shall not interfere with the operation of any door or window. (v) The signs shall not be placed on any emergency doors. (c) Establish a school bus advertisement fund that is comprised of revenues from the sale of advertising space on school buses. The monies in a school bus advertisement fund are not subject to reversion and shall be used for the following purposes: (i) To comply with the energy conservation measures prescribed in section 15-349 in school districts that are in area A as defined in section 49-541, and any remaining monies shall be used to purchase alternative fuel support vehicles and any other pupil related costs as determined by the governing board. (ii) For any pupil related costs as determined by the governing board in school districts not subject to the provisions of item (i) of this subdivision. 28. Assess reasonable damage deposits to pupils in grades seven through twelve for the use of textbooks, musical instruments, band uniforms or other equipment required for academic courses. The governing board shall adopt policies on any damage deposits assessed pursuant to this paragraph at a public meeting called for this purpose after providing notice to all parents of pupils in grades seven through twelve in the school district. Principals of individual schools within the district may waive the damage deposit requirement for any textbook or other item if the payment of the damage deposit would create an economic hardship for the pupil. The school district shall return the full amount of the damage deposit for any textbook or other item if the pupil returns the textbook or other item in reasonably good condition within the time period prescribed by the governing board. For the purposes of this paragraph, "in reasonably good condition" means the textbook or other item is in the same or a similar condition as it was when the pupil received it, plus ordinary wear and tear. 29. Notwithstanding section 15-1105, expend surplus monies in the civic center school fund for maintenance and operations or unrestricted capital outlay, if sufficient monies are available in the fund after meeting the needs of programs established pursuant to section 15-1105. 30. Notwithstanding section 15-1143, expend surplus monies in the community school program fund for maintenance and operations or unrestricted capital outlay, if sufficient monies are available in the fund after meeting the needs of programs established pursuant to section 15-1142. 31. Adopt guidelines for standardization of the format of the school report cards required by section 15-746 for schools within the district. 32. Adopt policies that require parental notification when a law enforcement officer interviews a pupil on school grounds. Policies adopted pursuant to this paragraph shall not impede a peace officer from the performance of the peace officer's duties. If the school district governing board adopts a policy that requires parental notification: (a) The policy may provide reasonable exceptions to the parental notification requirement. (b) The policy shall set forth whether and under what circumstances a parent may be present when a law enforcement officer interviews the pupil, including reasonable exceptions to the circumstances under which a parent may be present when a law enforcement officer interviews the pupil, and shall specify a reasonable maximum time after a parent is notified that an interview of a pupil by a law enforcement officer may be delayed to allow the parent to be present. 15-343 Employment of professional help
A. The governing board may employ professional personnel deemed necessary for
making surveys and recommendations relating to the curricula, physical plant and other
requirements of the district.
B. The governing board may employ an attorney to represent the district if the
county attorney consents. The purpose for which an attorney is hired shall be set forth
in writing by the board.
C. The governing board may employ legal counsel without the consent of the county
attorney when, in its discretion, it deems it advisable.
D. Compensation for legal counsel under subsections B and C of this section is
payable from district funds.
E. If an attorney is employed without the consent of the county attorney, the
county attorney shall not have the duty to represent the district with regard to any
matter for which such attorney was employed and shall not be responsible to the district
for any exercise of, or failure to exercise, professional judgment by such attorney in
his representation of the district.
F. The county attorney is not required to assume the duty to represent the district
on a matter for which an attorney was employed without consent.
G. An attorney employed pursuant to subsection B of this section shall represent
the school district with powers and duties otherwise performed by the county attorney,
pursuant to section 11-532, subsection A, paragraph 10.
H. The provisions of subsections B and C of this section are in addition to, and
not in limitation of, any other powers held by the board.
15-344 Administration of prescription, patent or proprietary medications by employees; civil immunity; definition
A. The school district governing board and the charter school governing body shall
establish policies and procedures governing the administration of a prescription
medication or a patent or proprietary medication to students by employees. In the case of
a minor student, such administration shall only occur on the written request or
authorization of a parent or legal guardian.
B. A school district, a charter school or employees of a school district and a
charter school are immune from civil liability for the consequences of the good faith
adoption and implementation of policies and procedures pursuant to this section.
C. For the purposes of this section, "administration of a prescription medication
or a patent or proprietary medication" means the giving of a single dose of medication or
the giving of a treatment package in its original container. 15-345 Chemical abuse prevention policies and procedures
The school district governing board may adopt chemical abuse prevention policies and
procedures in consultation with pupils, school district personnel and members of the
community, including parents and local law enforcement agencies.
15-346 Policies and procedures concerning pupils with chronic health problems; definition
A. The governing board shall adopt policies and procedures concerning pupils with
chronic health problems in consultation with parents, teachers and at least one health
professional. The policies and procedures shall be designed to provide continuing
learning for pupils with chronic health problems while they are absent from school and to
provide for the integration of pupils with chronic health problems into the regular
education program as much as possible. The policies and procedures shall include
provisions for:
1. Homework availability to ensure that pupils with chronic health problems have
the opportunity to keep up with assignments and avoid losing credit because of their
absence from school.
2. Flexibility in physical education activity requirements so that pupils with
chronic health problems may participate in the regular physical education program to the
extent that their health permits.
B. For the purpose of this section, "pupils with chronic health problems" means:
1. Pupils who are unable to attend regular classes for intermittent periods of one
or more consecutive days because of illness, disease, pregnancy complications, or
accident but who are not homebound. The chronic health problem shall be certified by a
person licensed under title 32, chapter 7, 13 or 17.
2. Pupils who have an infant with a severe health problem. The severe health
problem of the infant shall be certified by a person licensed under title 32, chapter 7,
13 or 17.
15-347 Extracurricular activities; cultural tradition
A governing board shall consider the cultural traditions of pupils when establishing
or enforcing rules related to a pupil's participation in extracurricular school
activities. If district rules or rules regulating a district's participation in an
extracurricular program prohibit a student from participating because of a pupil's
cultural traditions, the governing board may adopt alternative rules which would allow
that pupil to participate but take into consideration the health or safety of the pupil
or any other person participating in the activities.
15-348 Interscholastic athletics noncontact sports
A governing board or an interscholastic athletic association may permit common
school students to participate in practice sessions of noncontact sports with secondary
school students.
15-349 Operation of motor vehicle fleet; options to conventional fuels
A. The governing board of a school district with an average daily membership as
defined in section 15-901 of more than three thousand which is located within or which
has bus routes running within area A, as defined in section 49-541, shall develop and
implement, subject to the availability of a state air quality funding source, a vehicle
fleet plan for vehicles with a gross vehicle weight rating of at least seventeen thousand
five hundred pounds for the purpose of encouraging the use of fuels listed pursuant to
this subsection in school district owned vehicles. The plan shall provide for at least
fifty per cent of the fleet with a gross vehicle weight rating of at least seventeen
thousand five hundred pounds to operate on any of the following by December 31, 2004, and
each year thereafter:
1. Alternative fuels or clean burning fuels as defined in section 1-215.
2. Ultra low sulfur diesel as defined in section 49-558.01 and that is used in an
engine with an emission control device.
3. Vehicles powered by an engine that meets or exceeds an emission standard for
diesel particulate matter of 0.05 grams per brake horsepower hour.
B. Engine retrofits or conversions meet the requirements of subsection A of this
section if they have been approved for use by any one of the following:
1. The United States environmental protection agency voluntary retrofit program.
2. The United States environmental protection agency verification protocol for
retrofit catalyst particulate filter and engine modification control technologies for
highway and nonroad use diesel engines.
3. The California air resources board diesel emission control strategy verification
procedure.
4. Sections 43100 and 43102 of the health and safety code of the state of
California.
5. Actual emission testing performed on the vehicle.
C. This section does not preclude a school district from using any local, federal
or private funding sources that may be available in order to comply with the requirements
of this section.
15-350 Investigation of immoral or unprofessional conduct; confidentiality
A. On request of the state board of education, any school or school district that
has employed a certificated person during the time in which the person is alleged to have
engaged in conduct constituting grounds for disciplinary action shall make available the
attendance and testimony of witnesses, documents and any physical evidence within the
school district's control for examination or copying. All information received and
records or reports kept by the state board of education during an investigation of
immoral or unprofessional conduct are confidential and are not a public record.
B. Notwithstanding subsection A of this section, the state board of education may
provide information, records or reports relating to the investigation of a certificate
holder to any school or school district that currently employs the certificate holder.
All information, records or reports received by any school or school district pursuant to
this subsection shall be used for employment purposes only, are confidential and are not
a public record.
C. An investigator who is regularly employed and paid by the state board of
education has the authority to access criminal history records and criminal history
record information, as defined in section 41-1750, from law enforcement agencies.
15-351 School councils; duties; membership
A. The purpose of this section is to ensure that individuals who are affected by
the outcome of a decision at the school site share in the decision making process.
B. Each school shall establish a school council. A governing board may delegate to
a school council the responsibility to develop a curriculum and may delegate any
additional powers that are reasonably necessary to accomplish decentralization. The
school council shall take into consideration the ethnic composition of the local
community and, except as provided in section 15-352, shall consist of the following
members:
1. Parents or guardians of pupils enrolled in the school. A parent or guardian who
is employed by the school district may serve as a member of the school council if the
parent or guardian is not employed at the same school where the parent or guardian's
child is enrolled.
2. Teachers.
3. Noncertified employees.
4. Community members.
5. Pupils, if the school is a high school.
6. The principal of the school.
C. Each group specified in subsection B of this section shall select its school
council appointees and shall submit the names of its respective representatives to the
principal. The initial representatives shall be selected at public meetings held at the
school site, and, thereafter, representatives shall be selected by their groups in the
manner determined by the school council. Schools shall give notice of the public meeting
where the initial representatives of the groups shall be selected, clearly stating its
purpose, time and place. The notice shall be posted in at least three different locations
at the school site and in the community and shall be given to pupils for delivery to
their parents or guardians.
D. The governing board shall determine the initial number of school council
members. Thereafter, the school council shall determine the number. The number of
teachers and parents or guardians of pupils enrolled at the school shall be equal.
Teachers and parents or guardians of pupils enrolled at the school shall constitute a
majority of the school council members.
E. The school council shall adopt written guidelines that specify the number of
school council members and the methods for the selection of school council members.
F. The principal shall serve as chairman of the school council unless another
person is elected by a majority of the school council members. 15-352 Exemptions
A. The governing board is not obligated to reconstitute previously formed school
councils pursuant to this section if the existing school councils include representation
by more than one teacher and more than one parent or guardian of a pupil enrolled at the
school.
B. The governing board may allow an alternative school to establish an alternative
school council with members other than those specified in section 15-351 if teachers and
parents or guardians of pupils enrolled at the school are represented.
C. A school district that has only one school or a student population of less than
six hundred students may decide by a vote of the governing board to not participate in
the decentralization process required by this article. If the governing board votes to
not participate, the district is not subject to this article.
15-353 Responsibilities of principals
The principal of every school offering instruction in preschool programs,
kindergarten programs or any combination of grades one through twelve is responsible for:
1. Providing leadership for the school.
2. Implementing the goals and the strategic plan of the school.
3. Serving as the administrator of the school.
4. Distributing a parental satisfaction survey to the parent of every child
enrolled at the school. The parental satisfaction survey shall be distributed at least
once each year and shall be distributed as part of the regular parent communication
correspondence.
15-354 Principals; supplies and materials purchases
A. Notwithstanding any other law, the governing board of a school district may
authorize school principals to sign negotiable instruments on behalf of the school
district if the negotiable instruments are used for the purchase of supplies and
materials that are necessary to conduct the operations of the school.
B. Purchases made pursuant to this section are exempt from title 41, chapter 23 and
the rules prescribed pursuant to section 15-213.
C. A school district that purchases supplies and materials pursuant to this section
shall maintain a separate account in its maintenance and operation budget for each
authorized school in the district for the purchase of supplies and materials. The amount
of available monies in each school's supplies and materials account shall not exceed five
thousand dollars.
D. Within thirty days of any purchase made pursuant to this section, the principal
shall supply the governing board of the school district with a receipt from the seller of
the supplies and materials that shows the price paid for each item purchased.
E. The principal and the governing board shall ensure that all purchases made
pursuant to this section comply with the uniform system of financial records.
F. A governing board may delegate the purchasing authority granted pursuant to this
section to one or more employees.
15-361 Establishment of evening and night schools; admission of students; tuition
The governing board of a school district may establish an evening or night school
when in its judgment the school is necessary or convenient. The school shall be open for
admission of children between the ages of fourteen and twenty-one years, but this shall
not be construed as a requirement for a full course of study therein nor as requiring the
admission of a person to a class beyond his educational attainments. The schools shall
be open to persons over twenty-one years of age only upon payment of tuition as provided
by law.
15-362 Libraries; powers and duties; authority to contract with a county free library or other public library
A. The governing board of a school district may establish and maintain
libraries. Such libraries shall be under control of the board. The board shall be
accountable for the care of the libraries, but it may appoint district librarians, or it
may put the libraries under direct charge of a teacher or other qualified person. When
requested, the board shall report on the libraries to the county school superintendent on
forms supplied by the superintendent of public instruction.
B. The governing board shall:
1. Enforce the rules prescribed for government of school libraries.
2. Exclude from school libraries all books, publications and papers of a sectarian,
partisan or denominational character.
C. A district library shall be free to all pupils of suitable age who attend the
school. Residents of the district may become entitled to library privileges by payment
of fees and compliance with regulations prescribed by the board. The governing board may
enter into a contract or agreement with the proper authorities of a county free library
or other public library possessing facilities for rendering the desired service for the
procurement of reference or other library books or the extension services of such
library. The amount so expended shall not exceed two per cent of the total school
district budget for the school year during which the services are utilized.
15-363 School recreation centers; authority to contract with public recreation boards and agencies
A. The governing board may operate school buildings and grounds for the purpose of
providing a public play and recreation center. The governing board may organize and
conduct in the center community recreation activities which contribute to the physical,
mental and moral welfare of youths residing in the vicinity. A school recreation center
may be open at times the governing board deems advisable, including evening hours and
vacation days, and shall be conducted in accordance with rules prescribed by the
governing board.
B. The governing board may cooperate and enter into contracts with other public
recreation boards and agencies in carrying out the purposes of this section.
15-364 Agreements and expenditure of public monies for recreational facilities on school properties; use of proceeds of bond issues
A. The governing board of a school district may enter into agreements with
counties, cities, towns or other school district governing boards, providing for the
construction, development, cooperative maintenance, operation and use of parks and
recreational facilities, including swimming pools, on properties used for school purposes
and under the control of such school districts. The governing boards may expend public
monies for the construction and development of such parks or recreational facilities in
cooperation with cities, towns and counties.
B. Counties, cities and towns may expend public monies and enter into agreements
with cities, towns and school district governing boards for the construction,
development, cooperative maintenance, operation and use of parks, swimming pools and
other recreational facilities on properties used for school purposes, if the governing
authorities having charge and control of such properties give their consent and
cooperation.
C. Cities, towns and counties with a population of five hundred thousand persons or
more according to the most recent United States decennial census may use the proceeds of
bond issues for the purposes of this section. 15-365 Service programs operated through the office of a county school superintendent; reports; definitions
A. The county school superintendent may establish service programs which shall be
available to any local school district governing board officially requesting such
programs.
B. Both central administrative costs and general service costs shall be shared on a
user basis and budgeted and paid as contract costs by the districts using such programs,
except as provided in subsections E, F and H of this section.
C. Agreements or contracts entered into pursuant to this section shall not be
subject to the provisions of title 11, chapter 7, article 3 relating to intergovernmental
agreements and contracts.
D. Each county school superintendent shall submit to the school districts involved
and to the board of supervisors no later than May 31 of each year a program progress
report and a fiscal report including actual expenditures through March 31 and estimates
for the remainder of the fiscal year on each service program in operation in such county.
E. County school superintendents may establish special small district service
programs designed to meet the special needs of school districts with a total student
count of fewer than six hundred in such areas as administrative assistance and
specialized services as follows:
1. For counties with seven or more school districts with a student count of fewer
than six hundred, the small district service program may serve a single county or two or
more counties.
2. Except as provided in subsection I of this section, for counties with fewer than
seven school districts with a student count of fewer than six hundred, the small district
service program shall serve two or more counties as determined by the superintendent of
public instruction.
F. The costs of the small district service program are payable in part from the
small district service program fund. Costs in excess of the amount available in the
small district service program fund shall be shared on a user basis and budgeted and paid
as contract costs by the district using such programs. The small district service
program fund for each program shall consist of a base amount plus a per district amount
for each school district in the county or counties served which has a student count of
fewer than six hundred. For fiscal year 1989-1990, the base amount is fifty-six thousand
four hundred ninety-four dollars and the per district amount is five thousand eighty-four
dollars. Beginning with fiscal year 1990-1991, the base amount and per district amount
are the amounts for the prior year adjusted by the growth rate prescribed by law, subject
to appropriation. The county treasurer shall pay the appropriate amount into the small
district service program fund from monies collected from the tax levy for county
equalization assistance for education as provided in section 15-994 before the monies are
used to provide equalization assistance for education as provided in section 15-971,
subsection C, except that for small district service programs which serve two or more
counties payment into the fund shall be as provided in subsection H of this section.
G. School districts which provide only financing for pupils who are instructed by
another district shall be included in determining the number of districts counted for the
small district service program fund.
H. For each small district service program which serves two or more counties, a
county of jurisdiction shall be selected by the superintendent of public
instruction. Payment shall be made into the small district service program fund in the
county of jurisdiction from monies collected from the tax levy for county equalization
assistance for education as provided in section 15-994 before the monies are used to
provide equalization assistance as provided in section 15-994 by each county
participating in the small district service program as follows:
1. The county treasurer of each county which is not the county of jurisdiction
shall pay to the county of jurisdiction an amount determined as follows:
(a) Determine the total amount of the small district service program fund as
provided in subsection F of this section.
(b) Determine the total number of school districts with a student count of fewer
than six hundred in all counties served by the small district service program.
(c) Divide the amount determined in subdivision (a) of this paragraph by the amount
determined in subdivision (b) of this paragraph.
(d) Multiply the number of school districts with a student count of fewer than six
hundred in each county by the amount determined in subdivision (c) of this paragraph.
(e) The product determined in subdivision (d) of this paragraph is the amount which
shall be paid to the county of jurisdiction.
2. The county treasurer of the county of jurisdiction shall deposit the monies
received from the other counties as provided in paragraph 1 of this subsection into the
small district service program fund and shall also pay into the fund an amount equal to
the quotient obtained in paragraph 1, subdivision (c) of this subsection multiplied by
the number of school districts with a student count of fewer than six hundred in the
county of jurisdiction.
I. If a small district service program is established before fiscal year 1987-1988,
the program may continue to operate as a single county program if the county contains
fewer than seven, but at least four, school districts with a student count of fewer than
six hundred.
J. A school district with a student count of six hundred or more in the current
year which participated in a small district service program and which had a student count
of fewer than six hundred in the prior year may continue to participate in the program
for the current year and one additional year. The amount in the small district service
program fund shall be determined as if the district had a student count of fewer than six
hundred.
K. In this section, unless the context otherwise requires:
1. "Central administrative costs" means only those costs which are incurred by the
county school superintendent in administering any service program which benefits all the
school districts in the program and which are shared on a user basis and budgeted and
paid as contract costs by districts, except as provided in subsections E, F and H of this
section.
2. "General service costs" means those costs which are directly related to each of
the service programs, which are shared on a user basis and which are budgeted and paid as
contract costs by districts, except as provided in subsections E, F and H of this
section.
3. "Service programs" means those programs which can be accomplished more
efficiently and economically as multidistrict or multicounty operations.
4. "Student count" means the student count as defined in section 15-901, subsection
A, except that it shall not include pupils enrolled in grades nine through twelve to whom
the district does not provide instruction if the district is a common school district
which is not within a high school district.
15-381 Liabilities of the governing board; payment of liabilities; immunity
A. The governing board is liable as such, in the name of the school district, for a
judgment against the district for salary due a teacher on contract and for all debts
contracted under this title. It shall pay judgments or liabilities from the school
monies to the credit of the district.
B. The governing board members shall have no personal liability for acts done in
reliance upon written opinions of the attorney general or upon written opinions of the
county attorney:
1. Which are deemed to be affirmed by the attorney general pursuant to section
15-253.
2. With which the attorney general concurs.
3. Which the attorney general declines to review.
4. As revised by a written opinion of the attorney general.
C. Members of a governing board are immune from personal liability with respect to
all acts done and actions taken in good faith within the scope of their authority during
duly constituted regular and special meetings.
15-382 Authorization to self-insure; pooling agreements; joint agreements; trustees; liability coverage and pool requirements; remedies; definition
A. The school district governing board may determine that self-insurance is
necessary or desirable in the best interest of the district and may provide for a
self-insurance program or programs for the district including risk management
consultation. Any risk management consultant or insurance administrator employed by a
school district governing board must be licensed under title 20, chapter 2, article 3 or
9, and such license shall be verified by the school district governing board prior to
employment.
B. The school district governing board may:
1. Enter into intergovernmental agreements or contracts with pools operated
pursuant to section 11-952.01 for participation in programs offered by public agency
pools. In addition to the joint purchasing of insurance or reinsurance or the pooling of
the retention of risks for property, fidelity and liability losses, these programs may
include the joint purchasing of health benefits plan, life or disability insurance,
prepaid legal insurance or the pooling of the retention of their risks of losses for
health, accident, life or disability claims or the provision of the health and medical
services enumerated in section 36-2907.
2. Separately contract with a trustee or board of trustees that provides a common
self-insurance program or programs with pooled funds and risks to more than one district,
a community college district formed pursuant to title 15, chapter 12, article 3 or an
association of school districts within this state that is funded by member school
districts pursuant to section 15-342, paragraph 8.
3. Enter into cooperative procurement agreements with other districts pursuant to
rules adopted pursuant to section 15-213 to participate in programs for either
self-insurance or the joint purchase of insurance.
4. Separately establish a self-insurance program solely for its district.
C. If the school district governing board, either alone or in combination with
another school district or an association of school districts in this state that is
funded by member school districts pursuant to section 15-342, paragraph 8, establishes a
self-insurance program, the governing board or an association of school districts shall
place all funds into a trust to be used for payment of uninsured losses, claims, defense
costs, costs of training designed to reduce losses and claims, the cost of related
employee benefits including wellness programs, life, disability and other fully and
partially insured group insurance plans, programs that allow for participation in a
cafeteria plan that meets the requirements of the United States internal revenue code of
1986, costs of administration and other related expenses. If a member of the governing
board or employee of the school district is acting as a trustee, the trust shall be
administered by at least five joint trustees, of whom no more than one may be a member of
the governing board and no more than one may be an employee of the school
district. Funds budgeted for self-insurance programs shall be subject to district
budgetary requirements, including but not limited to the requirements that the funds be
budgeted within the maintenance and operation section and the budget limitation on
increases as prescribed in section 15-905. The funds, upon being placed in the trust,
shall not lapse at the close of the fiscal year, except that any cash balance remaining
after termination of the program and settlement of all outstanding claims shall be used
for reduction of school district taxes for the budget year. The trustees of the trust
must be bonded, a stop-loss provision must be incorporated in the trust agreement, and an
annual audit must be performed by a certified public accountant and a copy of the report
kept on file in the district office for a period of not less than five years.
D. If the self-insurance is for liability losses, excess liability coverage or
reinsurance must be obtained as follows:
1. For a single school district, the coverage may include an annual aggregate limit
of no more than three million dollars and the maximum retention per occurrence shall be
one-half of one per cent of the district's maintenance and operation budget.
2. For a pool, the coverage may include an annual aggregate limit set by the pool
and the maximum retention per occurrence shall not exceed one-half of one per cent of the
combined maintenance and operation budgets of the districts in the pool.
E. "Self-insurance program" as used in this section means programs established and
wholly or partially funded by the school district governing board. Self-insurance
programs shall not include a decision by the governing board not to carry insurance upon
a particular risk or risks.
15-383 Insurance on school bus operator; authority of the governing board to purchase
A. The governing board may purchase public liability and property damage insurance
covering school bus drivers while driving school buses.
B. The governing board of any school district may require the operator of a school
bus used for transportation of pupils attending schools in the district to carry public
liability insurance in amounts not to exceed twenty thousand dollars for personal injury
to any one person, and one hundred thousand dollars for personal injuries arising out of
any one accident, covering any liability to which the operator may be subject on account
of personal injuries to a passenger or other person caused or contributed to by an act of
the operator while operating a school bus. If the policy of insurance is filed with and
approved by the governing board of the school district, the governing board may increase
the compensation otherwise payable to the operator by an amount equal to the cost to the
operator of the insurance.
15-384 Authorization for insurance coverage for students
A. The governing board of any school district, or the county school superintendent
concerning accommodation schools, may provide or make available health benefits plan
coverage for the school district. Such services may be secured only by either of the
following methods:
1. Obtaining membership in nonprofit corporations pursuant to section 11-952.01
which shall defray the cost of the health and medical services and benefits.
2. Obtaining group, blanket or individual policies of health benefits plan
insurance from insurers authorized to transact such business in this state.
B. The cost of membership in the nonprofit corporation or the health benefits plan
insurance premiums may be paid by the school district, or by the county in the case of
accommodation schools, or by the student or the student's parent or guardian, provided
that no monies from the school district's maintenance and operation budget shall be used
to pay for such membership or premiums.
15-385 Premiums of a bond or insurance for accommodation schools or federally owned buildings on Indian reservation
A. When by the provisions of an agreement entered into between the state, an
officer or agency thereof or a school district of this state, and the government of the
United States or an agency or officer thereof, for the use of school buildings on Indian
reservations, whereby a school district is required to execute a bond in favor of the
federal government or an officer or agency thereof, or to procure and pay for insurance
for protection of federally owned buildings or equipment being used for school purposes,
the bond or insurance may be executed by the governing board of the school district, and
the district or governing board may procure and pay for the bond or insurance as is
necessary for protection of the buildings or equipment. Premiums paid for a bond or
insurance shall be a charge against the funds of the school district.
B. The provisions of this section shall apply also to accommodation schools under
the jurisdiction of the county school superintendent and payment of premiums for a bond
or insurance may be made by the county school superintendent from the county school
reserve fund.
15-386 Insurance refund fund
A. Monies retained for insurance premium payments which are refunded to a school
district at the end of a fiscal year by an insurer with which the governing board
contracted for that fiscal year may be deposited with the county treasurer who shall
credit the deposits to the insurance refund fund of the district.
B. The insurance refund fund of a school district is a continuing fund not subject
to reversion. Monies from the insurance refund fund may:
1. Be expended for insurance premium payments.
2. Be placed into a trust to be used for payments of uninsured losses, claims,
defense costs and other related expenses as provided in section 15-382.
3. Be used for reduction of taxes in the budget year.
15-387 Procurement of insurance; eligibility of governing board members, former board members and surviving spouse and dependents; deposit of monies
A. Notwithstanding section 15-323, the governing board may procure insurance from
any insurer authorized by the director of the department of insurance or may establish a
self-insurance program as provided in section 15-382 for the management and
administration of a system for direct payment of benefits, losses or claims or any
combination of insurance and direct payments, including risk management consultation, to
provide:
1. Health, accident, life or disability benefits for employees of the school
district and their dependents and for members of the governing board and their dependents
as provided in subsection B of this section.
2. Payment of any property or fidelity loss sustained, legal expenses incurred or
lawful claim of liability or fortuitous loss made against the school district or its
employees, including leased employees, or officers if the employees, leased employees or
officers are acting in the scope of their employment or authority.
3. Coverage for all construction projects for purposes of general liability,
property damage and workers' compensation.
B. A governing board member is eligible to participate in an insurance plan
provided as an employee benefit pursuant to subsection A, paragraph 1 of this section if
the member pays the full premium and the participation of the member does not result in
an expenditure of school district monies.
C. If the governing board allows its members to participate in the insurance plan,
a governing board may also adopt a policy allowing participation in an insurance plan
provided as an employee benefit pursuant to subsection A, paragraph 1 of this section for
former board members and for surviving spouses and dependents of board members or former
board members as follows:
1. The board may allow a former board member to continue to participate if the
former board member served at least four consecutive years on the board, was covered
under the insurance plan while serving on the board and pays the full premium and the
participation does not result in an expenditure of school district monies.
2. The board may allow the surviving spouse and dependent of the board member or
former board member to continue to participate in the insurance plan if the surviving
spouse or dependent pays the full premium and the participation of the surviving spouse
and dependent does not result in an expenditure of school district monies and if:
(a) The deceased board member or former board member met the qualifications for
eligibility pursuant to paragraph 1 of this subsection.
(b) The deceased board member or former board member would have met the
qualifications for eligibility pursuant to paragraph 1 of this subsection if the deceased
board member or former board member had not died in office.
D. Monies that are provided by employees, board members, former board members and
surviving spouses and dependents of board members or former board members and that are
received pursuant to this section shall be deposited in an account as provided in section
15-1223.
15-388 Optional inclusion of school district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition
A. If a governing board of a school district determines that state health and
accident insurance coverage is necessary or desirable and in the best interest of the
district, it may provide for inclusion of the district's employees and spouses and
dependents of school district employees in state health and accident insurance coverage
pursuant to section 38-651.
B. If the school district elects to participate in the state health and accident
insurance coverage, it shall be the only health and accident insurance coverage offered
to school district employees.
C. A school district governing board that elects to include its employees in the
state health and accident insurance coverage shall notify the department of
administration of its intention to do so by January 15 of the calendar year prior to the
school year starting after June 30 in which the school district's employees would be
eligible to receive state health and accident insurance coverage.
D. A school district governing board that elects to include its employees in the
state health and accident insurance coverage shall participate in state health and
accident insurance coverage for at least two years.
E. School districts that opt to participate in the state health and accident
insurance coverage shall agree to accept the benefit level, plan design, insurance
providers, premium level and other terms and conditions determined by the department of
administration and shall accept such other contractual arrangements made by the
department of administration with health and accident insurance providers.
F. School districts shall reimburse the department of administration for
administrative and operational costs associated with school districts participating in
the state health and accident insurance coverage determined pursuant to section 38-651,
subsection K.
G. As used in this section, "state health and accident insurance coverage" means
the health and accident coverage procured by the department of administration under
section 38-651.
15-391 Definitions
In this article, unless the context otherwise requires:
1. "Joint board" means a joint technological education district governing board.
2. "Joint district" means a joint technological education district.
3. "State board" means the state board of education.
15-392 Formation of district
A. Notwithstanding any other provision of law, districts interested in forming a
joint technological education district shall conduct a study to determine the need to
establish a joint technological education district in an area consisting of two or more
school districts. The districts shall also initiate a plan for the establishment and
operation of the joint district, which shall include a proposed budget based on a
reasonable estimate of student enrollment in the new joint district. Any school district
may assist in the preparation and payment of costs of the study and plan. The districts
shall file a copy of the plan with the governing board of each school district included
in the plan for the joint district. The districts shall submit the results of the study
and the plan, along with evidence of approval by the governing board of each school
district included in the selected plan for the joint district, to the state board of
education.
B. If the state board of education determines that the plan submitted for the
proposed joint district has met the requirements of this section, until December 31,
2001, the question shall be submitted to the qualified electors of each school district
at a general election or at any other election held on a date prescribed in section
16-204. After December 31, 2001, the question shall be submitted to the qualified
electors of the district seeking to become a part of the joint district at an election
held on the first Tuesday after the first Monday in November. The question that is
submitted to the qualified electors must describe the tax rate that is associated with
joining the joint district and the estimated cost of that tax rate for the owner of a
single family home that is valued at one hundred thousand dollars. If the electors in a
district approve, then that district is authorized to participate in a joint
technological education district. The joint district shall become operational on July 1
following the election held pursuant to this subsection, except as provided in subsection
D of this section.
C. The governing boards of the school districts participating in the joint district
may pay on a proportional basis the administrative, clerical and other expenses necessary
for the establishment and operation of the joint district until monies are otherwise
provided.
D. A joint technological education district after receiving voter approval as
provided in subsection B of this section shall be governed by a joint board consisting of
members elected pursuant to section 15-393, except that the initial composition of the
joint board shall consist of one person who is not currently a board member of any school
district and who is appointed by the governing board of each district participating in
the joint technological education district. The terms of office of the joint board
members shall become effective on January 1 following the election held pursuant to
subsection B of this section. Upon the effective date of the term of office for joint
board members, the joint board may begin necessary operations and activities related to
making the district operational pursuant to subsection B of this section. If less than
five districts are participating in the joint district, the initial composition of the
joint board shall consist of two persons who are not currently board members of any
school district and who are appointed by each participating district's governing board.
The appointed members shall serve until January 1 following the next general
election. At the general election held next following the formation of the joint
district and thereafter, joint board members shall be elected as prescribed in section
15-393.
15-393 Joint technological education district governing board; definition
A. The management and control of the joint district are vested in the joint
technological education district governing board. Unless the governing boards of the
school districts participating in the formation of the joint district vote to implement
an alternative election system as provided in subsection B of this section, the joint
board shall consist of five members elected from five single member districts formed
within the joint district. The single member district election system shall be submitted
as part of the plan for the joint district pursuant to section 15-392 and shall be
established in the plan as follows:
1. The governing boards of the school districts participating in the formation of
the joint district shall define the boundaries of the single member districts so that the
single member districts are as nearly equal in population as is practicable, except that
if the joint district lies in part in each of two or more counties, at least one single
member district may be entirely within each of the counties comprising the joint district
if this district design is consistent with the obligation to equalize the population
among single member districts.
2. The boundaries of each single member district shall follow election precinct
boundary lines, as far as practicable, in order to avoid further segmentation of the
precincts.
3. A person who is a registered voter of this state and who is a resident of the
single member district is eligible for election to the office of joint board member from
the single member district. The terms of office of the members of the joint board shall
be as prescribed in section 15-427, subsection B.
4. Nominating petitions shall be signed by the number of qualified electors of the
single member district as provided in section 16-322.
B. The governing boards of the school districts participating in the formation of
the joint district may vote to implement any other alternative election system for the
election of joint district board members. If an alternative election system is selected,
it shall be submitted as part of the plan for the joint district pursuant to section
15-392, and the implementation of the system shall be as approved by the United States
justice department.
C. The joint technological education district shall be subject to the following
provisions of this title:
1. Chapter 1, articles 1 through 6.
2. Sections 15-208, 15-210, 15-213 and 15-234.
3. Articles 2, 3 and 5 of this chapter.
4. Section 15-361.
5. Chapter 4, articles 1, 2 and 5.
6. Chapter 5, articles 1, 2 and 3.
7. Sections 15-701.01, 15-722, 15-723, 15-724, 15-727, 15-728, 15-729 and 15-730.
8. Chapter 7, article 5.
9. Chapter 8, articles 1, 3 and 4.
10. Sections 15-828 and 15-829.
11. Chapter 9, articles 1, 6 and 7.
12. Sections 15-941, 15-943.01, 15-948, 15-952, 15-953 and 15-973.
13. Sections 15-1101 and 15-1104.
14. Chapter 10, articles 2, 3, 4 and 8.
D. Notwithstanding subsection C of this section, the following apply to a joint
technological education district:
1. A joint district may issue bonds for the purposes specified in section 15-1021
and in chapter 4, article 5 of this title to an amount in the aggregate, including the
existing indebtedness, not exceeding one per cent of the taxable property used for
secondary tax purposes, as determined pursuant to title 42, chapter 15, article 1, within
the joint technological education district as ascertained by the last property tax
assessment previous to issuing the bonds.
2. The number of governing board members for a joint district shall be as
prescribed in subsection A of this section.
3. If a career and technical education and vocational education course or program
provided pursuant to this article is provided in a facility owned or operated by a school
district in which a pupil is enrolled, including satellite courses, the sum of the daily
attendance, as provided in section 15-901, subsection A, paragraph 6, for that pupil in
both the school district and joint technological education district shall not exceed
1.250 and the sum of the fractional student enrollment, as provided in section 15-901,
subsection A, paragraph 2, subdivision (a), shall not exceed 1.250 for the courses taken
in the school district and the facility, including satellite courses. The school district
and the joint district shall determine the apportionment of the daily attendance and
fractional student enrollment for that pupil between the school district and the joint
district.
4. The student count for the first year of operation of a joint technological
education district as provided in this article shall be determined as follows:
(a) Determine the estimated student count for joint district classes that will
operate in the first year of operation. This estimate shall be based on actual
registration of pupils as of March 30 scheduled to attend classes that will be operated
by the joint district. The student count for the district of residence of the pupils
registered at the joint district shall be adjusted. The adjustment shall cause the
district of residence to reduce the student count for the pupil to reflect the courses to
be taken at the joint district. The district of residence shall review and approve the
adjustment of its own student count as provided in this subdivision before the pupils
from the school district can be added to the student count of the joint district.
(b) The student count for the new joint district shall be the student count as
determined in subdivision (a).
(c) After the first one hundred days or two hundred days in session, as applicable,
for the first year of operation, the joint district shall revise the student count to the
actual student count for students attending classes in the joint district. A joint
district shall revise its student count, the base support level as provided in section
15-943.02, the revenue control limit as provided in section 15-944.01, the capital outlay
revenue limit and the soft capital allocation as provided in section 15-962.01 prior to
May 15. A joint district that overestimated its student count shall revise its budget
prior to May 15. A joint district that underestimated its student count may revise its
budget prior to May 15.
(d) After the first one hundred days or two hundred days in session, as applicable,
for the first year of operation, the district of residence shall adjust its student count
by reducing it to reflect the courses actually taken at the joint district. The district
of residence shall revise its student count, the base support level as provided in
section 15-943, the revenue control limit as provided in section 15-944, the capital
outlay revenue limit as provided in section 15-961 and the soft capital allocation as
provided in section 15-962 prior to May 15. A district that underestimated the student
count for students attending the joint district shall revise its budget prior to May 15.
A district that overestimated the student count for students attending the joint district
may revise its budget prior to May 15.
(e) A joint district for the first year of operation shall not be eligible for
adjustment pursuant to section 15-948.
(f) The procedures for implementing this paragraph shall be as prescribed in the
uniform system of financial records.
(g) If the district of residence utilizes section 15-942 to determine its student
count, the district shall reduce its student count as provided in this paragraph by
subtracting the appropriate count from the student count determined as provided in
section 15-942.
For the purposes of this paragraph, "district of residence" means the district that
included the pupil in its average daily membership for the year before the first year of
operation of the joint district and that would have included the pupil in its student
count for the purposes of computing its base support level for the fiscal year of the
first year of operation of the joint district if the pupil had not enrolled in the joint
district.
5. A student includes any person enrolled in the joint district without regard to
the person's age or high school graduation status, except that:
(a) A student in a kindergarten program or in grades one through eight who enrolls
in courses offered by the joint technological education district shall not be included in
the joint district's average daily attendance or average daily membership.
(b) A student in a kindergarten program or in grades one through six who is
enrolled in vocational education courses shall not be funded in whole or in part with
monies provided by a joint technological education district.
(c) A student who is over twenty-two years of age shall not be included in the
student count of the joint district for the purposes of chapter 9, articles 3, 4 and 5 of
this title.
6. A joint district may operate for more than one hundred seventy-five days per
year, with expanded hours of service.
7. A joint district may use the excess utility costs provisions of section 15-910
in the same manner as a school district for fiscal years 1999-2000 and 2000-2001, except
that the base year shall be the first full fiscal year of operations.
8. A joint district may use the carryforward provisions of section 15-943.01
retroactively to July 1, 1993.
9. A school district that is part of a joint district shall use any monies received
pursuant to this article to supplement and not supplant base year career and technical
education and vocational education courses, and directly related equipment and
facilities, except that a school district that is part of a joint technological education
district and that has used monies received pursuant to this article to supplant career
and technological education and vocational education courses that were offered before the
first year that the school district participated in the joint district or the first year
that the school district used monies received pursuant to this article or that used the
monies for purposes other than for career and technological education and vocational
education courses shall:
(a) Use at least thirty-three per cent of the monies received pursuant to this
article in fiscal year 2005-2006 to supplement and not supplant base year career and
technical education and vocational education courses.
(b) Use at least sixty-six per cent of the monies received pursuant to this article
in fiscal year 2006-2007 to supplement and not supplant base year career and technical
education and vocational education courses.
(c) Use one hundred per cent of the monies received pursuant to this article in
fiscal year 2007-2008 and each fiscal year thereafter to supplement and not supplant base
year career and technical education and vocational education courses.
10. A joint technological education district shall use any monies received pursuant
to this article to enhance career and technical education and vocational education
courses, and directly related equipment and facilities.
11. A joint technological education district or a school district that is part of a
joint district shall only include pupils in grades nine through twelve in the calculation
of average daily membership or average daily attendance if the pupils are enrolled in
courses that are approved jointly by the governing board of the joint technological
education district and each participating school district for satellite courses taught
within the participating school district, or approved solely by the joint technological
education district for centrally located courses. Average daily membership and average
daily attendance from courses that are not part of an approved program for career and
technical education shall not be included in average daily membership and average daily
attendance of a joint technological education district.
E. The joint board shall appoint a superintendent as the executive officer of the
joint district.
F. Taxes may be levied for the support of the joint district as prescribed in
chapter 9, article 6 of this title. Except for the taxes levied pursuant to section
15-994, such taxes shall be obtained from a levy of taxes on the taxable property used
for secondary tax purposes.
G. The schools in the joint district are available to all persons who reside in the
joint district subject to the rules for admission prescribed by the joint board.
H. The joint board may collect tuition for adult students and the attendance of
pupils who are residents of school districts that are not participating in the joint
district pursuant to arrangements made between the governing board of the district and
the joint board.
I. The joint board may accept gifts, grants, federal monies, tuition and other
allocations of monies to erect, repair and equip buildings and for the cost of operation
of the schools of the joint district.
J. One member of the joint board shall be selected chairman. The chairman shall be
selected annually on a rotation basis from among the participating school districts. The
chairman of the joint board shall be a voting member.
K. A joint board and a community college district may enter into agreements for the
provision of administrative, operational and educational services and facilities.
L. For the purposes of this section, "base year" means the complete school year in
which voters of a school district elected to join a joint technological education
district. 15-394 Preservation of years of employment
The years of employment of a certificated teacher who has been employed by a school
district for more than the major portion of three consecutive school years shall be
preserved if such teacher moves from a school district to a joint technological education
district or from a joint technological education district to a school district if the
governing board recognizes the previously established years of employment of the teacher,
provided such districts are participating in the joint technological education district.
15-395.01 Reducing the size of a joint district
A. To withdraw a school district from a joint district, the governing boards of a
majority of the school districts participating in the joint district shall approve by a
majority vote the withdrawal of the district. If a majority of the governing boards
approve the withdrawal, the joint board shall consider the withdrawal, and to approve the
withdrawal the proposed withdrawal must receive the affirmative vote of a majority of the
members of the board. If the joint board approves, the question of the withdrawal from
the joint district shall be submitted to the qualified electors of the school district
seeking to withdraw from the joint district at the next general election.
B. If the withdrawal of a school district is approved as prescribed in subsection A
of this section, the qualifying tax rate shall remain in effect for the remainder of the
current tax year.
C. The school district withdrawn pursuant to this section shall not be entitled to
ownership of any assets held by the joint district.
D. If a joint district from which a school district withdraws pursuant to this
section has outstanding bonded indebtedness, the debt shall continue to be levied upon
taxable property for all bonds issued prior to the withdrawal of the school district in
the same manner as was levied and collected prior to the withdrawal of the school
district.
15-395 Enlarging joint district
A. To add school districts to a joint district, the joint board shall first publish
a copy of a proposed resolution accepting the school district into the joint district in
a newspaper of general circulation in the school district proposing to join the joint
district once a week for at least two weeks immediately before the date of the
consideration of the adoption of the proposed resolution by the joint board.
B. After adoption by the joint board of the resolution accepting the school
district into the joint district, until December 31, 2001, the question shall be
submitted to the qualified electors of the district seeking to become a part of the joint
district at a general election or at any other election held on a date prescribed in
section 16-204. After December 31, 2001, the question shall be submitted to the qualified
electors of the district seeking to become a part of the joint district at an election
held on the first Tuesday after the first Monday in November. The question that is
submitted to the qualified electors shall describe the tax rate that is associated with
joining the joint district and the estimated cost of that tax rate for the owner of a
single family home that is valued at one hundred thousand dollars. Authorization is
required through an intergovernmental agreement between the joint district and the
district seeking to become part of the joint district in order to enlarge the joint
district.
15-396 Dissolution of district
A. On approval of a majority of the full membership of the joint board or on the
receipt by the joint board of resolutions adopted by the governing boards of the school
districts participating in the joint district, the joint board shall adopt and send to
the state board a resolution requesting the dissolution of the joint district. The
resolution shall state the reasons for the proposed dissolution, set forth a plan for
equitable adjustment, division and disposition of the assets and liabilities of the joint
district and provide that each participating school district will assume its share of the
outstanding indebtedness of the joint district.
B. On approval of the resolution by the state board, the joint district is
dissolved in accordance with the provisions of the resolution.
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