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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Education
Chapter : STATE GOVERNANCE OF SCHOOLS
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15-201 State board of education; members; appointment; terms
A. The state board of education shall be composed of the superintendent of public
instruction, the president of a state university or a state college, three lay members, a
president or chancellor of a community college district, a superintendent of a high
school district, a classroom teacher and a county school superintendent. A member who is
a president of a state university or a state college shall not succeed himself.
B. The governor shall appoint each member, other than the superintendent of public
instruction, pursuant to section 38-211 for a term of four years beginning on the third
Monday in January. 15-202 Meetings; majority required for validation; travel expenses; immunity
A. The state board of education shall hold four regular meetings annually at times
it directs. Special meetings may be held on the call of the presiding officer.
B. Concurrence of a majority of all members of the board is necessary for
validation of an act of the board.
C. Members shall be allowed travel expenses and reimbursement for subsistence, as
provided by title 38, chapter 4, article 2, to be paid upon claims approved by the
superintendent of public instruction, as other claims against the state are paid, from
the appropriation for the board authorized in the general appropriation bill.
D. Members of the board are immune from personal liability with respect to all acts
done and actions taken in good faith within the scope of their authority during duly
constituted regular and special meetings with approval of a majority of the board.
15-203 Powers and duties
A. The state board of education shall:
1. Exercise general supervision over and regulate the conduct of the public school
system and adopt any rules and policies it deems necessary to accomplish this purpose.
2. Keep a record of its proceedings.
3. Make rules for its own government.
4. Determine the policy and work undertaken by it.
5. Appoint its employees, on the recommendation of the superintendent of public
instruction.
6. Prescribe the duties of its employees if not prescribed by statute.
7. Delegate to the superintendent of public instruction the execution of board
policies and rules.
8. Recommend to the legislature changes or additions to the statutes pertaining to
schools.
9. Prepare, publish and distribute reports concerning the educational welfare of
this state.
10. Prepare a budget for expenditures necessary for proper maintenance of the board
and accomplishment of its purposes and present the budget to the legislature.
11. Aid in the enforcement of laws relating to schools.
12. Prescribe a minimum course of study in the common schools, minimum competency
requirements for the promotion of pupils from the third grade and minimum course of study
and competency requirements for the promotion of pupils from the eighth grade. The state
board of education shall prepare a fiscal impact statement of any proposed changes to the
minimum course of study or competency requirements and, on completion, shall send a copy
to the director of the joint legislative budget committee and the executive director of
the school facilities board. The state board of education shall not adopt any changes in
the minimum course of study or competency requirements in effect on July 1, 1998 that
will have a fiscal impact on school capital costs.
13. Prescribe minimum course of study and competency requirements for the graduation
of pupils from high school. The state board of education shall prepare a fiscal impact
statement of any proposed changes to the minimum course of study or competency
requirements and, on completion, shall send a copy to the director of the joint
legislative budget committee and the executive director of the school facilities board.
The state board of education shall not adopt any changes in the minimum course of study
or competency requirements in effect on July 1, 1998 that will have a fiscal impact on
school capital costs.
14. Supervise and control the certification of persons engaged in instructional work
directly as any classroom, laboratory or other teacher or indirectly as a supervisory
teacher, speech therapist, principal or superintendent in a school district, including
school district preschool programs, or any other educational institution below the
community college, college or university level, and prescribe rules for certification,
including rules for certification of teachers who have teaching experience and who are
trained in other states, which are not unnecessarily restrictive and are substantially
similar to the rules prescribed for the certification of teachers trained in this state.
Until July 1, 2006, the rules shall require applicants for all certificates for common
school instruction to complete a minimum of forty-five classroom hours or three college
level credit hours, or the equivalent, of training in research based systematic phonics
instruction from a public or private provider. The rules shall not require a teacher to
obtain a master's degree or to take any additional graduate courses as a condition of
certification or recertification. The rules shall allow a general equivalency diploma to
be substituted for a high school diploma in the certification of emergency substitute
teachers.
15. Adopt a list of approved tests for determining special education assistance to
gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title. The
adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning
and nonverbal reasoning and shall be capable of providing reliable and valid scores at
the highest ranges of the score distribution.
16. Adopt rules governing the methods for the administration of all proficiency
examinations.
17. Adopt proficiency examinations for its use. The state board of education shall
determine the passing score for the proficiency examination.
18. Include within its budget the cost of contracting for the purchase, distribution
and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.
19. Supervise and control the qualifications of professional nonteaching school
personnel and prescribe standards relating to qualifications.
20. Impose such disciplinary action, including the issuance of a letter of censure,
suspension, suspension with conditions or revocation of a certificate, upon a finding of
immoral or unprofessional conduct.
21. Establish an assessment, data gathering and reporting system for pupil
performance as prescribed in chapter 7, article 3 of this title.
22. Adopt a rule to promote braille literacy pursuant to section 15-214.
23. Adopt rules prescribing procedures for the investigation by the department of
education of every written complaint alleging that a certificated person has engaged in
immoral conduct.
24. For purposes of federal law, serve as the state board for vocational and
technological education and meet at least four times each year solely to execute the
powers and duties of the state board for vocational and technological education.
25. Develop and maintain a handbook for use in the schools of this state that
provides guidance for the teaching of moral, civic and ethical education. The handbook
shall promote existing curriculum frameworks and shall encourage school districts to
recognize moral, civic and ethical values within instructional and programmatic
educational development programs for the general purpose of instilling character and
ethical principles in pupils in kindergarten programs and grades one through twelve.
26. Require pupils to recite the following passage from the declaration of
independence for pupils in grades four through six at the commencement of the first class
of the day in the schools, except that a pupil shall not be required to participate if
the pupil or the pupil's parent or guardian objects:
We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their creator with certain unalienable rights, that
among these are life, liberty and the pursuit of happiness. That to secure
these rights, governments are instituted among men, deriving their just powers
from the consent of the governed. . . .
27. Adopt rules that provide for teacher certification reciprocity. The rules shall
provide for a one year reciprocal teaching certificate with minimum requirements
including valid teacher certification from a state with substantially similar criminal
history or teacher fingerprinting requirements and proof of the submission of an
application for a fingerprint clearance card pursuant to title 41, chapter 12, article
3.1.
28. Adopt rules that will be in effect until December 31, 2006 and that provide for
the presentation of an honorary high school diploma to a person who has never obtained a
high school diploma and who meets each of the following requirements:
(a) Is at least sixty-five years of age.
(b) Currently resides in this state.
(c) Provides documented evidence from the ARIZONA department of veterans' services
that the person enlisted in the armed forces of the United States before completing high
school in a public or private school.
(d) Was honorably discharged from service with the armed forces of the United
States.
29. Cooperate with the ARIZONA-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the duties of the
department of education and that relate to quality of life, trade and economic
development in this state in a manner that will help the ARIZONA-Mexico commission to
assess and enhance the economic competitiveness of this state and of the ARIZONA-Mexico
region.
30. Adopt rules to define and provide guidance to schools as to the activities that
would constitute immoral or unprofessional conduct of certificated persons.
31. Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to
volunteer for twenty hours of community service before graduation from high school. A
school district that complies with the guidelines adopted pursuant to this paragraph is
not liable for damages resulting from a pupil's participation in community service unless
the school district is found to have demonstrated wanton or reckless disregard for the
safety of the pupil and other participants in community service. For the purposes of this
paragraph, "community service" may include service learning. The guidelines shall
include the following:
(a) A list of the general categories in which community service may be performed.
(b) A description of the methods by which community service will be monitored.
(c) A consideration of risk assessment for community service projects.
(d) Orientation and notification procedures of community service opportunities for
pupils entering grade nine including the development of a notification form. The
notification form shall be signed by the pupil and the pupil's parent or guardian, except
that a pupil shall not be required to participate in community service if the parent or
guardian notifies the principal of the pupil's school in writing that the parent or
guardian does not wish the pupil to participate in community service.
(e) Procedures for a pupil in grade nine to prepare a written proposal that
outlines the type of community service that the pupil would like to perform and the goals
that the pupil hopes to achieve as a result of community service. The pupil's written
proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school
employee who is designated as the community service program coordinator for that school.
The pupil may alter the written proposal at any time before performing community service.
(f) Procedures for a faculty advisor, a guidance counselor or any other school
employee who is designated as the community service program coordinator to evaluate and
certify the completion of community service performed by pupils.
B. The state board of education may:
1. Contract.
2. Sue and be sued.
3. Distribute and score the tests prescribed in chapter 7, article 3 of this title.
4. Provide for an advisory committee to conduct hearings and screenings to
determine whether grounds exist to impose disciplinary action against a certificated
person, whether grounds exist to reinstate a revoked or surrendered certificate and
whether grounds exist to approve or deny an initial application for certification or a
request for renewal of a certificate. The board may delegate its responsibility to
conduct hearings and screenings to its advisory committee. Hearings shall be conducted
pursuant to title 41, chapter 6, article 6.
5. Proceed with the disposal of any complaint requesting disciplinary action or
with any disciplinary action against a person holding a certificate as prescribed in
subsection A, paragraph 14 of this section after the suspension or expiration of the
certificate or surrender of the certificate by the holder.
6. Assess costs and reasonable attorney fees against a person who files a frivolous
complaint or who files a complaint in bad faith. Costs assessed pursuant to this
paragraph shall not exceed the expenses incurred by the state board in the investigation
of the complaint.
15-204 Acceptance of gifts and grants; gifts and grants fund; use; unexpended monies
A. The state board of education may accept gifts or grants of monies or real or
personal property from public and private organizations, if the purpose of the gift or
grant specified by the donor is approved by the board and is within the scope of the
board's powers and duties. There is established a fund for the placement of such monies
which shall be designated as the gift and grant fund.
B. Any such monies received by the state board shall be placed in the appropriate
gift and grant fund and expended for the purpose specified by the donor.
C. If all or part of the monies accepted by the board from a donor are not expended
prior to the end of the fiscal year in which the gift or grant was accepted, the balance
of the amount donated shall remain in the gift or grant fund until needed for the purpose
specified by the donor.
15-205 Education of Indians in state schools; contracts with department of interior
A. The state board of education may enter into contracts with the department of the
interior for the welfare and education of Indians in schools of this state, in accordance
with the act of Congress approved April 16, 1934, as amended by the act of June 4,
1936. The board shall administer the expenditure of federal funds provided under such
contracts.
B. No contract as provided for in subsection A shall be binding on the school
district affected until it is approved by the district governing board.
15-206 Federal grants for educational purposes; administration
A. The state board of education may accept on behalf of this state from any federal
agency monies which have been appropriated by act of Congress for defense in education,
reduction of illiteracy, teaching of immigrants, employment and training, educational
support services or other educational purpose.
B. The state board of education shall not reserve funds for state use in excess of
actual cost not to exceed ten per cent of the grants to this state for provision to
school district governing boards under the elementary and secondary education act of
1965, as amended (20 United States Code sections 2911 through 2952 and 2971 through
2976).
C. The state board of education, following regular educational fiscal procedure for
counties, shall be the chief educational authority for administration and supervision of
the expenditure of federal appropriations described in subsection A, and the state
treasurer shall be trustee thereof.
15-207 Apportionment and expenditure of federal grants for educational purposes
A. The state board of education shall apportion the monies described in section
15-206 for the aid of the school districts of this state to supplement monies otherwise
provided therefor.
B. Monies so apportioned shall be expended by the school districts for the purposes
and in the manner set forth in the federal grant. In the absence of federal regulation
the state board of education shall determine the purposes and methods of expenditure in
accordance with section 15-206. The state board of education may, with the approval of
the board of supervisors, authorize expenditure of monies received pursuant to section
15-206 in excess of the annual budgets of school districts.
15-208 Application by school district for apportionment of federal monies; hearing
A. A school district which, by reason of an emergency, finds it necessary to expend
monies in excess of its annual budget for any purpose set forth in section 15-206 may
apply to the state board of education for an apportionment from federal funds available
under section 15-207.
B. The board shall conduct a hearing and an investigation concerning the
application. If the hearing and investigation disclose that the district needs
additional funds for the proper conduct of its school, the board may, in its discretion,
apportion such monies as it deems necessary to the district.
15-209 Disbursement of apportioned federal funds
If monies are apportioned to a school district pursuant to section 15-207, the state
board of education shall direct the department of administration division of finance to
draw a warrant for the amount apportioned, and the state treasurer shall pay the warrant
upon presentation, as provided by law. The school district shall immediately deposit the
monies with the county treasurer of the county in which the district is located, and the
treasurer shall place it in the appropriate fund to the credit of the
district. Thereafter the monies shall be disbursed by the county treasurer only on the
voucher of the school district and the warrant of the county school superintendent.
15-210 Unlawful expenditure of federal monies
If a school district expends or attempts to expend monies received pursuant to
section 15-207 in a manner other than as directed by the state board of education or as
provided by the federal grant, the state board of education shall immediately deliver to
the county treasurer of the county in which such district is located written notice
directing him to refuse to pay further warrants drawn against monies so provided in the
fund prescribed in section 15-209. Copies of the notice shall be served upon the
governing board of the school district and the county school superintendent. No further
expenditures shall be made by the school district from such monies, and no further monies
shall be apportioned or paid to the district until it has complied with the federal
regulations and directions of the state board of education. Upon compliance to the
satisfaction of the state board of education, the state board shall deliver written
notice to the county treasurer and the county school superintendent and thereafter the
monies may be expended as provided in section 15-206.
15-212 Expenditure of private funds; exemption
A. Prior to expenditure of any monies granted to the state board of education by a
private organization, the superintendent of public instruction shall present a plan
governing the expenditure of such funds to the state board of education for approval.
B. Upon approval of the plan by the state board of education, the superintendent of
public instruction may expend the private grants as provided in the plan.
C. Any funds granted to the state board of education as a private grant shall be
exempt from the provisions of section 35-190, relating to lapsing of appropriations.
15-213.01 Procurement practices; guaranteed energy cost savings contracts; definitions
A. Notwithstanding section 15-213, subsection A, a school district may contract for
the procurement of a guaranteed energy cost savings contract with a qualified provider
through a competitive sealed proposal process as provided by the procurement practices
adopted by the state board of education. To the extent the qualified provider
subcontracts with contractors who will be involved in any construction associated with
the guaranteed energy cost savings contract, the qualified provider must follow the
provisions of section 41-2533 in selecting these contractors.
B. A school district may enter into a guaranteed energy cost savings contract with
a qualified provider if it determines that the amount it would spend on the energy cost
savings measures recommended in the proposal would not exceed the amount to be saved in
energy and operational costs within ten years after the date installation or
implementation is complete, if the recommendations in the proposal are followed.
C. The school district shall use objective criteria in selecting the qualified
provider including the cost of the contract, the energy and operational cost savings, the
net projected energy savings, the quality of the technical approach, the quality of the
project management plan, the financial solvency of the qualified provider and the
experience of the qualified provider with projects of similar size and scope. The school
district shall set forth each criterion with its respective numerical weighting in the
request for proposal.
D. In selecting a contractor to perform any construction work related to performing
the guaranteed energy cost savings contract, the qualified provider may develop and use a
prequalification process for contractors wishing to bid on this work. These
prequalifications may require the contractor to demonstrate that the contractor is
adequately bonded to perform the work and that the contractor has not failed to perform
on a prior job. The qualified provider may use performance specifications in soliciting
bids from contractors.
E. An in-depth feasibility study shall be performed by the selected qualified
provider in order to establish the exact scope of the guaranteed energy cost savings
contract, the fixed cost savings guarantee amount and the methodology for determining
actual savings. This report shall be reviewed and approved by the school district prior
to the actual installation of any equipment. The qualified provider shall transmit a copy
of the approved in-depth feasibility study to the superintendent of public instruction.
F. The guaranteed energy savings contract shall require that a qualified provider
perform an energy audit of the facility or facilities one year after the energy cost
savings measures are installed or implemented and every three years thereafter for the
length of the contract. The qualified provider shall transmit a copy of the audit to the
superintendent of public instruction. The qualified provider shall pay the cost of the
audit. In determining whether the projected energy savings calculations have been met,
the energy or operational cost savings shall be computed by comparing the energy baseline
before installation or implementation of the energy cost savings measures with the energy
consumed and operational costs avoided after installation or implementation of the energy
cost savings measures. The qualified provider and the school district may agree to make
modifications to the energy baseline only for any of the following:
1. Changes in utility rates.
2. Changes in the number of days in the utility billing cycle.
3. Changes in the square footage of the facility.
4. Changes in the operational schedule of the facility.
5. Changes in facility temperature.
6. Significant changes in the weather.
7. Significant changes in the amount of equipment or lighting utilized in the
facility.
G. The information to develop the energy baseline shall be derived from actual
energy measurements or shall be calculated from energy measurements at the facility where
energy cost savings measures are to be installed or implemented. The measurements shall
be taken in the year preceding the installation or implementation of energy cost savings
measures.
H. When submitting a proposal for the installation of equipment, the qualified
provider shall include information on the projected energy savings associated with each
proposed energy cost savings measure.
I. A school district, or two or more school districts, may enter into an
installment payment contract or lease-purchase agreement with a qualified provider for
the purchase and installation or implementation of energy cost savings measures. The
guaranteed energy cost savings contract may provide for payments over a period of not
more than ten years. The contract shall provide that all payments, except obligations on
termination of the contract before its expiration, shall be made over time.
J. The guaranteed energy cost savings contract shall include a written guarantee of
the qualified provider that either the energy or operational costs savings, or both, will
meet or exceed the costs of the energy cost savings measures within ten years. The
qualified provider shall reimburse the school district for any shortfall of guaranteed
energy cost savings on an annual basis.
K. The school district may obtain any required financing as part of the original
competitive sealed proposal process.
L. A qualified provider that is awarded the contract shall give a sufficient bond
to the school district for its faithful performance of the equipment installment.
M. When selecting subcontractors to perform construction work, the qualified
provider is required to make public information in the subcontractor's bids only if the
qualified provider is awarded the guaranteed energy savings contract by the school
district.
N. This section does not apply to the construction of new buildings.
O. For the purposes of this section:
1. "Construction" means the process of building, altering, repairing, improving or
demolishing any school district structure or building, or other public improvements of
any kind to any school district real property. Construction does not include the routine
operation, routine repair or routine maintenance of existing structures, buildings or
real property.
2. "Energy baseline" means a calculation of the amount of energy used in an
existing facility before the installation or implementation of the energy cost savings
measures.
3. "Energy cost savings measure" means a training program or facility alteration
designed to reduce energy consumption or operating costs and may include one or more of
the following:
(a) Insulating the building structure or systems in the building.
(b) Storm windows or doors, caulking or weather stripping, multi-glazed windows or
door systems, additional glazing, reductions in glass area, or other window and door
system modifications that reduce energy consumption.
(c) Automated or computerized energy control systems.
(d) Heating, ventilating or air conditioning system modifications or replacements.
(e) Replacing or modifying lighting fixtures to increase the energy efficiency of
the lighting system without increasing the overall illumination of a facility unless an
increase in illumination is necessary to conform to the applicable state or local
building code for the lighting system after the proposed modifications are made.
(f) Indoor air quality improvements to increase air quality that conform to the
applicable state or local building code requirements.
(g) Energy recovery systems.
(h) Installing a new or retrofitting an existing day lighting system.
(i) Any life safety measures that provide long-term operating cost reductions and
that comply with state and local codes.
(j) Implementing operation programs through education, training and software that
reduce the operating costs.
4. "Guaranteed energy cost savings contract" means a contract for implementing one
or more energy cost savings measures.
5. "Operational savings" means reductions in actual budget line items currently
being expended or savings realized from the implementation or installation of energy cost
savings measures.
6. "Qualified provider" means a person or a business experienced in designing,
implementing or installing energy cost savings measures. 15-213 Procurement practices of school districts and charter schools; definitions
A. The state board of education shall adopt rules prescribing procurement practices
for all school districts in this state as follows:
1. The state board shall submit to the auditor general proposed rules consistent
with the procurement practices prescribed in title 41, chapter 23, modifying the
provisions for public notice of invitation for bids, requests for proposals and requests
for qualifications to allow a governing board to give public notice of the invitation for
bids, requests for proposals and requests for qualifications by publication in the
official newspaper of the county as defined in section 11-255, modifying the provisions
relating to disposal of materials to comply with section 15-342, paragraph 18, providing
for governing board delegation of procurement authority and modifying as necessary other
provisions which the state board determines are not appropriate for school districts.
The rules shall include provisions specifying that school districts are not required to
engage in competitive bidding in order to make the decision to participate in programs
pursuant to section 15-382 and that a program authorized by section 15-382 is not
required to engage in competitive bidding for the services necessary to administer the
program or for purchase of insurance or reinsurance. The rules for procurement of
construction projects shall include provisions specifying that surety bonds furnished as
bid security and performance and payment bonds shall be executed and furnished as
required by title 34, chapter 2 or 6, as applicable. The rules shall specify the total
cost of a procurement that is subject to invitations for bids, requests for proposals and
requests for clarification. The state board shall not exceed the aggregate dollar amount
limits for procurements prescribed in section 41-2535.
2. The state board of education shall adopt rules for procurements involving
construction not exceeding one hundred fifty thousand dollars which shall be known as the
simplified school construction procurement program. At a minimum, the rules for a
simplified construction procurement program shall require that:
(a) A list be maintained by each county school superintendent of persons who desire
to receive solicitations to bid on construction projects to which additions shall be
permitted throughout the year.
(b) The list of persons be available for public inspection.
(c) A performance bond and a payment bond as required by this section be provided
for contracts for construction by contractors.
(d) All bids for construction be opened at a public opening and the bids shall
remain confidential until the public opening.
(e) All persons desiring to submit bids be treated equitably and the information
related to each project be available to all eligible persons.
(f) Competition for construction projects under the simplified school construction
procurement program be encouraged to the maximum extent possible. At a minimum, a school
district shall submit information on each project to all persons listed with the county
school superintendent by any school district within that county.
(g) A provision, covenant, clause or understanding in, collateral to or affecting a
construction contract that makes the contract subject to the laws of another state or
that requires any litigation, arbitration or other dispute resolution proceeding arising
from the contract to be conducted in another state is against this state's public policy
and is void and unenforceable.
3. On or before December 31, 2004, the state board of education shall adopt rules
for the procurement of goods and information services by school districts and charter
schools using electronic, on-line bidding. The rules adopted by the state board shall
include the use of reverse auctions and shall be consistent with the procurement
practices prescribed in title 41, chapter 23, article 13, modifying as necessary those
provisions and the rules adopted pursuant to that article that the state board determines
are not appropriate for school districts and charter schools. Until the rules are adopted
school districts and charter schools may procure goods and information services pursuant
to title 41, chapter 23, article 13 using the rules adopted by the department of
administration in implementing that article.
4. The auditor general shall review the proposed rules to determine whether the
rules are consistent with the procurement practices prescribed in title 41, chapter 23
and any modifications are required to adapt the procedures for school districts.
5. If the auditor general approves the proposed rules, the auditor general shall
notify the state board in writing and the state board shall adopt such rules.
6. If the auditor general objects to the proposed rules, the auditor general shall
notify the state board of the objections in writing and the state board, in adopting the
rules, shall conform the proposed rules to meet the objections of the auditor general or
revise the proposed rules to which an objection has been made and submit the revisions to
the auditor general for approval.
B. After the bids submitted in response to an invitation for bids are opened and
the award is made or after the proposals or qualifications are submitted in response to a
request for proposals or a request for qualifications and the award is made, the
governing board shall make available for public inspection all information, all bids,
proposals and qualifications submitted and all findings and other information considered
in determining whose bid conforms to the invitation for bids and will be the most
advantageous with respect to price, conformity to the specifications and other factors or
whose proposal or qualifications are to be selected for the award. The invitation for
bids, request for proposals or request for qualifications shall include a notice that all
information and bids, proposals and qualifications submitted will be made available for
public inspection. The rules adopted by the state board shall prohibit the use in
connection with procurement of specifications in any way proprietary to one supplier
unless the specification includes all of the following:
1. A statement of the reasons why no other specification is practicable.
2. A description of the essential characteristics of the specified product.
3. A statement specifically permitting an acceptable alternative product to be
supplied.
C. No project or purchase may be divided or sequenced into separate projects or
purchases in order to avoid the limits prescribed by the state board under subsection A
of this section.
D. A contract for the procurement of construction or construction services shall
include a provision which provides for negotiations between the school district and the
contractor for the recovery of damages related to expenses incurred by the contractor for
a delay for which the school district is responsible, which is unreasonable under the
circumstances and which was not within the contemplation of the parties to the contract.
This subsection shall not be construed to void any provision in the contract which
requires notice of delays, provides for arbitration or other procedure for settlement or
provides for liquidated damages.
E. The auditor general may conduct discretionary reviews, investigations and audits
of the financial and operational procurement activities of school districts, nonexempt
charter schools and school purchasing cooperatives. The auditor general has final review
and approval authority over all school district, nonexempt charter school and school
purchasing cooperative audit contracts and any audit reports issued in accordance with
this section.
F. In addition to the requirements of sections 15-914 and 15-914.01, school
districts, nonexempt charter schools and school purchasing cooperatives, in connection
with any audit conducted by a certified public accountant, shall contract for a
systematic review of purchasing practices using methodology consistent with sampling
guidelines established by the auditor general. The auditor general shall consider cost
when establishing guidelines pursuant to this subsection and to the extent possible shall
attempt to minimize the cost of the review. The purpose of the review is to determine
whether the school district, nonexempt charter school or school purchasing cooperative is
in compliance with the procurement laws and applicable procurement rules of this state.
A copy of the review shall be submitted upon completion to the auditor general. The
auditor general may conduct discretionary reviews of school districts, nonexempt charter
schools and school purchasing cooperatives not required to contract for independent
audits.
G. The attorney general or county attorney has jurisdiction to enforce this
section. The attorney general or county attorney may seek relief for any violation of
this section through an appropriate civil or criminal action in superior court including
an action to enjoin a threatened or pending violation of this section and including an
action to enforce compliance with any request for documents made by the auditor general
pursuant to this section.
H. The department of education shall enact policies and procedures for the
acceptance and disposition of complaints from the public regarding school procurement
practices and shall forward all school procurement complaints to the attorney general.
I. The state board of education shall adopt, and the auditor general shall review,
rules authorizing school districts to procure construction services by
construction-manager-at-risk, design-build, qualified select bidders list and
job-order-contracting methods of project delivery. The rules adopted shall require each
school district that uses construction-manager-at-risk, design-build, qualified select
bidders list or job-order-contracting to procure construction services to submit, on or
before January 15 of each year, a report to the secretary of state on the benefits
associated with the use of such procurement methods. The report shall include the number
of projects completed in the preceding calendar year using that procurement method, the
cost and description of each project and an estimate of any cost savings or other
benefits realized through the use of that procurement method.
J. A school district or charter school may evaluate United States general services
administration contracts for materials and services. The governing board or governing
body may authorize purchases under a current contract for materials or services without
complying with the requirements of the procurement rules adopted by the state board of
education if the governing board or governing body determines in writing that all of the
following apply:
1. The price for materials or services is equal to or less than the contractor's
current federal supply contract price with the general services administration.
2. The contractor has indicated in writing that the contractor is willing to extend
the current federal supply contract pricing, terms and conditions to the school district
or charter school.
3. The purchase order adequately identifies the federal supply contract on which
the order is based.
4. The purchase contract is cost effective and is in the best interests of the
school district or charter school.
K. For the purposes of this section:
1. "Nonexempt charter school" means a charter school that is not exempted from
procurement laws pursuant to section 15-183, subsection E, paragraph 6.
2. "School purchasing cooperative" means an entity engaged in cooperative
purchasing as defined in section 41-2631.
3. "Total cost" means the cost of all materials and services, including the cost of
labor performed by employees of the school district, for all construction as provided in
subsection A of this section. 15-214 Braille literacy; definition
A. The state board of education shall adopt rules to promote braille literacy that:
1. Assure that each blind pupil receives an individualized braille literacy
assessment and appropriate educational services resulting from the assessment, establish
standards of proficiency and instruction, provide materials in a computer accessible
format capable of braille reproduction and require that certified teachers of visually
impaired pupils meet braille competencies as specified in this section.
2. Assure that, in developing the individualized written education program for each
blind pupil, the presumption shall be that proficiency in braille is essential for that
pupil to achieve satisfactory educational progress. Braille instruction and use are not
required by this section if, in the course of developing the pupil's individualized
education program, all members of the team concur that the pupil's visual impairment does
not affect reading and writing performance commensurate with ability. Nothing in this
section requires the exclusive use of braille if other special education services are
appropriate to the pupil's educational needs. The provision of other appropriate
services does not preclude braille use or instruction.
3. Assure that instruction in braille is sufficient to enable each blind pupil to
communicate effectively and efficiently in all subject areas with the same level of
proficiency expected of the pupil's peers of comparable ability and grade level. The
pupil's individualized education program shall specify:
(a) The results of a braille assessment.
(b) The methods by which braille will be implemented.
(c) The date on which braille instruction will begin.
(d) The length of the period of instruction and the frequency and duration of each
instructional session.
(e) The level of competency in braille to be achieved by the end of the period of
instruction and a description of the objective measures to be used to evaluate the
pupil's level of competency.
(f) A list of the appropriate braille materials and equipment needed to allow the
pupil to achieve the level of competency specified in the individualized education
program.
(g) The rationale for not providing braille if braille is not determined to be an
appropriate medium.
4. Assure that the department of education shall require all publishers of
textbooks to furnish the department with computer diskettes for literary and nonliterary
subjects when diskettes become available for nonliterary subjects, in a standard format
approved by the department of education from which braille versions of the textbook can
be produced.
5. Assure that teachers certified in the education of blind and visually impaired
pupils in this state on or after July 1, 1997 shall be required to demonstrate competence
in braille. Competence shall be measured by either:
(a) Successful completion of a nationally validated test, when such a test is
available.
(b) Successful completion of a braille test developed in the program in visual
impairment at the university of ARIZONA.
B. As used in this section, "blind pupil" means a pupil who meets one or more of
the following conditions:
1. Cannot successfully use vision as a primary and efficient channel for learning.
2. Exhibits such a low degree or amount of visual acuity or visual field that
vision is not considered as a primary mode of learning.
3. Has a medically indicated prognosis of visual deterioration.
15-231.01 Public school information hot line; program termination
The department of education shall establish a toll free telephone number for
complaints and requests for information relating to public schools and charter schools,
including complaints regarding procurement practices pursuant to section 15-213,
subsection H. If appropriate, the department of education shall forward the complaints
or refer the complainant to the appropriate state, federal and local agencies for
appropriate action. The program established by this section ends on July 1, 2009,
pursuant to section 41-3102.
15-231.02 School safety clearinghouse; program termination
A. The department of education shall establish a central clearinghouse within the
department for information concerning school safety. The department shall employ at least
one person to carry out the duties of the clearinghouse. The clearinghouse shall:
1. Respond to requests from the public for information about school safety.
2. Serve as the central repository for violence prevention curriculum, programs and
strategies relating to school safety.
3. Establish and maintain a school violence prevention web site for school and
public use.
B. The program established by this section ends on July 1, 2010 pursuant to section
41-3102.
15-231.03 School safety survey report
On or before September 15, 2007, and every four years thereafter, the department of
education shall conduct a random survey of school districts on school safety and submit a
written report that summarizes the results to the governor, the president of the senate
and the speaker of the house of representatives and submit a copy of this report to the
ARIZONA state library, archives and public records. 15-231 Department of education
A. There is created a department of education.
B. The department shall be administered through:
1. The state board of education which shall be the policy determining body of the
department.
2. The superintendent of public instruction in whom all executive, administrative
and ministerial functions of the department are vested and who is the executive officer
of the state board of education.
C. In addition to any divisions established by law, the superintendent of public
instruction may establish such divisions as in the judgment of the superintendent of
public instruction are necessary for the proper transaction of the business of the
department.
D. The department shall be conducted under the control of the superintendent of
public instruction.
15-232 Division of adult education; duties
There is established a division of adult education within the department of
education, under the jurisdiction of the state board for vocational and technological
education, which shall:
1. Prescribe a course of study for adult education in school districts.
2. Make available and supervise the program of adult education in other
institutions and agencies of this state.
3. Adopt rules for the establishment and conduct of classes for immigrant and adult
education, including the teaching of English to foreigners, in school districts.
4. Devise plans for establishment and maintenance of classes for immigrant and
adult education, including the teaching of English to foreigners, stimulate and correlate
the Americanization work of various agencies, including governmental, and perform such
other duties as may be prescribed by the state board of education and the superintendent
of public instruction.
5. Prescribe a course of study to provide training for adults to continue their
basic education to the degree of passing a general equivalency diploma test or an
equivalency test approved by the state board of education.
15-233 Night schools for teaching English
The governing board of a school district in which there are fifteen or more persons
over sixteen years of age who either do not read and write or speak the English language
who desire to attend a night school may establish a night school for teaching the English
language, American ideals and an understanding of American institutions.
15-234 Appropriations for adult education; eligibility; definition
A. Any appropriation made to the state board of education or department of
education for the purposes of adult education may be expended for costs to the department
of activities related to adult education including the costs of operating the division of
adult education. In addition, any of the monies may be allocated to an adult education
provider as provided in subsections B and C of this section.
B. An adult education provider which offers a course of study for adult education
under section 15-232 is eligible for allocation of funds pursuant to subsection C of this
section from the state board of education if the district or county offering such course
meets all applicable standards established under rules or regulations of the state board.
C. The state board of education may allocate from its available appropriation for
adult education any amount it deems appropriate for the use of an eligible adult
education provider to compensate for costs of conducting the course of study of adult
education based on an application which shall include a budget and other criteria as
established by the state board of education. This application must be approved by the
state board of education prior to the commencement of classes or courses of study if the
applicant wishes to be compensated. Compensation shall be limited to the approved amount
in the application.
D. For purposes of this section, "adult education provider" means a school
district, community college district, correctional facility or community-based
organization, an institution serving educationally disadvantaged adults, or any other
institution that receives public funds to provide adult education services.
15-235 Division of special education; director; duties; qualifications; advisory committee; members
A. A division of special education is established to carry out this section,
section 15-236 and chapter 7, article 4 of this title subject to the superintendent of
public instruction.
B. There shall be at least one director of the division of special education.
C. The director or directors shall carry out this section, section 15-236 and
chapter 7, article 4 of this title and the duties prescribed by the state board of
education relating to the administration of this section, section 15-236 and chapter 7,
article 4 of this title.
D. The division of special education may review special education programs,
including placement of pupils, to determine that program, evaluation and placement
procedures comply with sections 15-766 and 15-767 and the rules approved by the state
board of education.
E. Only a person who is experienced in special education is eligible for
appointment as a director of the division of special education.
F. A special education advisory committee is established that shall advise and
consult with the state board of education, the superintendent of public instruction and
the director or directors of the division of special education and that shall engage in
other activities as are provided in this section. The advisory committee shall be
composed pursuant to the requirements of 20 United States Code section 1412(A)(21)(b) and
(c). The state board of education shall appoint the members of the advisory committee for
staggered three year terms. Vacancies shall be filled for the unexpired term in the same
manner as original appointments.
G. The advisory committee shall have a minimum of two meetings a year.
H. The advisory committee annually shall elect its own chairman and
vice-chairman. The state board of education shall regularly submit, as part of its
budget request, any item or items sufficient to cover expenses of the operation of the
advisory committee, and of its members in connection with their attendance at meetings of
the advisory committee and other advisory committee activities.
15-236 Cost study of special education programs; program and fiscal audits
A. The department of education shall by December 1, 1981 and every two years
thereafter complete a cost study of special education programs. Such study shall include,
but is not limited to, the cost of providing special education programs to pupils
prescribed by section 15-761.
B. The department of education shall conduct program and fiscal audits of selected
district special education programs. The audits shall be designed to determine the
degree of compliance with existing statutes and regulations and the appropriate placement
of students in special education programs. A report of the findings of such audits shall
be completed on or before January 3 of each year. If the department of education
determines that a child has been inappropriately placed in a special education program of
a school district, the district's weighted student count for educational support services
for students in group B as provided in section 15-943 shall be recomputed and the
district's entitlement to state aid adjusted accordingly.
C. For each fiscal year the department of education shall request a separate line
item appropriation for program and fiscal audits of special education programs in the
budget estimate submitted pursuant to section 35-113.
15-237 Publications; production revolving fund
A. The department of education may make available to the public at a reasonable
cost publications produced by the department. Each separate production of a department
publication shall contain a statement as to the number of copies produced, the total
production cost and the cost of production per copy. Monies obtained by the sale of
publications shall be deposited in the department's production revolving fund for
producing further publications.
B. There is established a department of education production revolving fund for use
for expenses incurred for producing and distributing publications of the department.
C. The department of education production revolving fund shall be established as a
separate account on the books of the department of education.
D. Monies of the department of education production revolving fund shall not revert
to the state general fund.
15-238 Statewide student estimate
Before February 15 of each year the department of education shall submit to the
economic estimates commission the total estimated statewide number of students determined
for the current year using the unit of measurement prescribed in section 15-902,
subsection A.
15-239 School compliance and recognition; accreditation
A. The department of education may:
1. Monitor school districts to ascertain that laws applying to the school districts
are implemented as prescribed by law.
2. Adopt a system of recognition for school districts which meet or exceed the
requirements of the law which apply to the school districts.
3. Establish standards and procedures for the accreditation of all schools
requesting state accreditation.
B. The department of education may adopt guidelines necessary to implement the
provisions of this section.
15-240 Issuance of subpoenas
A. On the request of any person who is investigating, on behalf of the department
of education, a complaint alleging that a certificated person has engaged in immoral or
unprofessional conduct, the department of education may issue subpoenas compelling the
attendance and testimony of witnesses or demanding the production for examination or
copying of documents or any physical evidence.
B. The superior court, on application by the department of education or by the
person subpoenaed, has jurisdiction to issue an order either:
1. Requiring the person to appear before the department of education or the duly
authorized agent to produce evidence relating to the matter under investigation.
2. Revoking, limiting or modifying the subpoena if in the court's opinion the
evidence demanded does not relate to conduct that might constitute grounds for
disciplinary action, is not relevant to the subject matter of the investigation or does
not describe with sufficient particularity the evidence whose production is required.
C. Any failure to obey an order of the court pursuant to subsection B may be
punished by the court as contempt.
15-241 School accountability; schools failing to meet academic standards; failing schools tutoring fund
A. The department of education shall compile an annual achievement profile for each public school. B. Each school shall submit to the department any data that is required and requested and that is necessary to compile the achievement profile. A school that fails to submit the information that is necessary is not eligible to receive monies from the classroom site fund established by section 15-977. C. The department shall establish a baseline achievement profile for each school by October 15, 2001. The baseline achievement profile shall be used to determine a standard measurement of acceptable academic progress for each school and a school classification pursuant to subsection G of this section. Any disclosure of educational records compiled by the department of education pursuant to this section shall comply with the family educational and privacy rights act of 1974 (20 United States Code section 1232g). D. The achievement profile for schools that offer instruction in kindergarten programs and grades one through eight, or any combination of those programs or grades, shall include the following school academic performance indicators: 1. The ARIZONA measure of academic progress. The department shall compute the extent of academic progress made by the pupils in each school during the course of each year. 2. The ARIZONA instrument to measure standards test. The department shall compute the percentage of pupils who meet or exceed the standard on the ARIZONA instrument to measure standards test, as prescribed by the state board of education. E. The achievement profile for schools that offer instruction in grades nine through twelve, or any combination of those grades, shall include the following school academic performance indicators: 1. The ARIZONA instrument to measure standards test. The department shall compute the percentage of pupils pursuant to subsection F of this section who meet or exceed the standard on the ARIZONA instrument to measure standards test, as prescribed by the state board of education. 2. The annual dropout rate. 3. The annual graduation rate. F. Subject to final adoption by the state board of education, the department shall determine the criteria for each school classification using a research based methodology. The methodology shall include the performance of pupils at all achievement levels, account for pupil mobility, account for the distribution of pupil achievement at each school and include longitudinal indicators of academic performance. For the purposes of this subsection, "research based methodology" means the systematic and objective application of statistical and quantitative research principles to determine a standard measurement of acceptable academic progress for each school. G. The achievement profile shall be used to determine a school classification that designates each school as one of the following: 1. An excelling school. 2. A highly performing school. 3. A performing school. 4. An underperforming school. 5. A school failing to meet academic standards. H. The classification for each school and the criteria used to determine classification pursuant to subsection F of this section shall be included on the school report card prescribed in section 15-746. I. Subject to final adoption by the state board of education, the department of education shall develop a parallel achievement profile for accommodation schools, alternative schools as defined by the state board of education and schools with a student count of fewer than one hundred pupils. J. If a school is designated as an underperforming school, within ninety days after receiving notice of the designation, the governing board shall develop an improvement plan for the school, submit a copy of the plan to the superintendent of public instruction and supervise the implementation of the plan. The plan shall include necessary components as identified by the state board of education. Within thirty days after submitting the improvement plan to the superintendent of public instruction, the governing board shall hold a special public meeting in each school that has been designated as an underperforming school and shall present the respective improvement plans that have been developed for each school. The school district governing board, within thirty days of receiving notice of the designation, shall provide written notification of the classification to each residence within the attendance area of the school. The notice shall explain the improvement plan process and provide information regarding the public meeting required by this subsection. K. A school that has not submitted an improvement plan pursuant to subsection J of this section is not eligible to receive monies from the classroom site fund established by section 15-977 for every day that a plan has not been received by the superintendent of public instruction within the time specified in subsection J of this section plus an additional ninety days. The state board of education shall require the superintendent of the school district to testify before the board and explain the reasons that an improvement plan for that school has not been submitted. L. If a charter school is designated as an underperforming school, within thirty days the school shall notify the parents of the students attending the school of the classification. The notice shall explain the improvement plan process and provide information regarding the public meeting required by this subsection. Within ninety days of receiving the classification, the charter holder shall present an improvement plan to the charter sponsor at a public meeting and submit a copy of the plan to the superintendent of public instruction. The improvement plan shall include necessary components as identified by the state board of education. For every day that an improvement plan is not received by the superintendent of public instruction, the school is not eligible to receive monies from the classroom site fund established by section 15-977 for ninety days plus every day that a plan is not received. The charter holder shall appear before the sponsoring board and explain why the improvement plan has not been submitted. M. The department of education shall establish an appeals process, to be approved by the state board of education, for a school to appeal data used to determine the achievement profile of the school. The criteria established shall be based on mitigating factors and may include a visit to the school site by the department of education. N. If a school remains classified as an underperforming school for a third consecutive year, the department of education shall visit the school site to confirm the classification data and to review the implementation of the school's improvement plan. The school shall be classified as failing to meet academic standards unless an alternate classification is made after an appeal pursuant to subsection M of this section. O. The school district governing board, within thirty days of receiving notice of the school failing to meet academic standards classification, shall provide written notification of the classification to each residence in the attendance area of the school. The notice shall explain the improvement plan process and provide information regarding the public meeting required by subsection R of this section. P. The superintendent of public instruction, based on need, shall assign a solutions team to an underperforming school or a school failing to meet academic standards comprised of master teachers, fiscal analysts and curriculum assessment experts who are certified by the state board of education as ARIZONA academic standards technicians. The department of education may hire or contract with administrators, principals and teachers who have demonstrated experience with the characteristics and situations in an underperforming school or a school failing to meet academic standards and may use these personnel as part of the solutions team. The team shall work with staff at the school to assist in curricula alignment and shall instruct teachers on how to increase pupil academic progress, considering the school's achievement profile. The team shall select two master teachers to be employed by the school. The solutions team shall consider the existing improvement plan to assess the need for changes to curriculum, professional development and resource allocation. Q. The parent or the guardian of the pupil may apply to the department of education, in a manner determined by the department of education for a certificate of supplemental instruction from the failing schools tutoring fund established by this section. Pupils attending a school designated as an underperforming school or a school failing to meet academic standards or a pupil who has failed to pass one or more portions of the ARIZONA instrument to measure standards test in order to graduate from high school may select an alternative tutoring program in academic standards from a provider that is certified by the state board of education. To qualify, the provider must guarantee in writing a stated level of academic improvement for the pupil that includes a timeline for improvement that is agreed to by the parent or guardian of the pupil and the provider shall agree to refund to the state the standards assistance grant monies if the guaranteed level of academic improvement is not met. The state board of education shall determine the application guidelines and the maximum value for each certificate of supplemental instruction. The state board of education shall annually complete a market survey in order to determine the maximum value for each certificate of supplemental instruction. Nothing in this subsection shall be construed to require the state to provide additional monies beyond the monies provided pursuant to section 42-5029, subsection E, paragraph 7. R. Within sixty days of receiving notification of designation as a school failing to meet academic standards, the school district governing board shall evaluate needed changes to the existing improvement plan for the school, consider recommendations from the solutions team, submit a copy of the plan to the superintendent of public instruction and supervise the implementation of the plan. Within thirty days after submitting the improvement plan to the superintendent of public instruction, the governing board shall hold a public meeting in each school that has been designated as a school failing to meet academic standards and shall present the respective improvement plans that have been developed for each school. S. A school that has not submitted an improvement plan pursuant to subsection R of this section is not eligible to receive monies from the classroom site fund established by section 15-977 for every day that a plan has not been received by the superintendent of public instruction within the time specified in subsection R of this section plus an additional ninety days. The state board of education shall require the superintendent of the school district to testify before the board and explain the reasons that an improvement plan for that school has not been submitted. T. If a charter school is designated as a school failing to meet academic standards, the department of education shall immediately notify the charter school's sponsor. The charter school's sponsor shall either take action to restore the charter school to acceptable performance or revoke the charter school's charter. Within thirty days the school shall notify the parents of the students attending the school of the classification and of any pending public meetings to review the issue. U. A school that has been designated as a school failing to meet academic standards shall be evaluated by the department of education to determine if the school failed to properly implement its school improvement plan, the alignment of the curriculum with academic standards, teacher training, budget prioritization or other proven strategies to improve academic performance. After visiting the school site pursuant to subsection N of this section, the department of education shall submit to the state board of education a recommendation to proceed pursuant to subsections P, Q and R of this section or that the school be subject to a public hearing to determine if the school failed to properly implement its improvement plan and the reasons for the department's recommendation. V. If the department does recommend a public hearing, the state board of education shall meet and may provide by a majority vote at the public hearing for the continued operation of the school as allowed by this subsection. The state board of education shall determine whether governmental, nonprofit and private organizations may submit applications to the state board to fully or partially manage the school. The state board's determination shall include: 1. If and to what extent the local governing board may participate in the operation of the school including personnel matters. 2. If and to what extent the state board of education shall participate in the operation of the school. 3. Resource allocation pursuant to subsection X of this section. 4. Provisions for the development and submittal of a school improvement plan to be presented in a public meeting at the school. 5. A suggested time frame for the alternative operation of the school. W. The state board shall periodically review the status of a school that is operated by an organization other than the school district governing board to determine whether the operation of the school should be returned to the school district governing board. Before the state board makes a determination, the state board or its designee shall meet with the school district governing board or its designee to determine the time frame, operational considerations and the appropriate continuation of existing improvements that are necessary to assure a smooth transition of authority from the other organization back to the school district governing board. X. If an alternative operation plan is provided pursuant to subsection V of this section, the state board of education shall pay for the operation of the school and shall adjust the school district's student count pursuant to section 15-902, soft capital allocation pursuant to section 15-962, capital outlay revenue limit pursuant to section 15-961, base support level pursuant to section 15-943, monies distributed from the classroom site fund established in section 15-977 and transportation support level pursuant to section 15-945 to accurately reflect any reduction in district services that are no longer provided to that school by the district. The state board of education may modify the school district's revenue control limit, the district support level and the general budget limit calculated pursuant to section 15-947 by an amount that corresponds to this reduction in services. The state board of education shall retain the portion of state aid that would otherwise be due the school district for the school and shall distribute that portion of state aid directly to the organization that contracts with the state board of education to operate the school. Y. If the state board of education determines that a charter school failed to properly implement its improvement plan, the sponsor of the charter school shall revoke the charter school's charter. Z. If there are more than two schools in a district and more than one-half, or in any case more than five, of the schools in the district are designated as schools failing to meet academic standards for more than two consecutive years, in the next election of members of the governing board the election ballot shall contain the following statement immediately above the listing of governing board candidates: Within the last five years, (number of schools) schools in the ________ school district have been designated as "schools failing to meet academic standards" by the superintendent of public instruction. AA. At least twice each year the department of education shall publish in a newspaper of general circulation in each county of this state a list of schools that are designated as schools failing to meet academic standards. BB. The failing schools tutoring fund is established consisting of monies collected pursuant to section 42-5029, subsection E as designated for this purpose. The department of education shall administer the fund. 15-242 Nutritional standards
A. By July 1, 2006, the department shall develop minimum nutrition standards that
meet at least federal guidelines and regulations for foods and beverages sold or served
on the school grounds of elementary schools, middle schools and junior high schools
during the normal school day. These nutrition standards may include portion sizes,
minimum nutrient values and a listing of contents. This subsection does not prohibit the
department from developing minimum nutrition standards that are more stringent than the
federal guidelines and regulations for foods and beverages sold or served on school
grounds during the normal school day.
B. All elementary schools, middle schools and junior high schools shall participate
in the national school lunch program as defined in Public Law 108-265 except that a
school district with fewer than one hundred pupils that is not currently participating in
the national school lunch program may be exempt from this subsection if the school
district governing board determines at a public meeting to not participate in the
requirements of this subsection.
C. Food and beverages sold or served on the school grounds of elementary schools,
middle schools and junior high schools or at school-sponsored events of elementary
schools, middle schools and junior high schools during the normal school day shall meet
the nutrition standards developed by the department, including foods and beverages
offered as any of the following:
1. A la carte items in the food service program.
2. Food and beverages sold in vending machines, snack bars and meal-period kiosks
and at school stores.
D. Foods of minimal nutritional value as defined by 7 Code of Federal Regulations
section 210.11(2) shall not be served or sold during the normal school day on any
elementary school, middle school or junior high school campus.
E. Beginning on July 15, 2006, new contracts and renewal contracts for food or
beverages, or both, shall expressly prohibit the sale of sugared, carbonated beverages
and all other foods of minimal nutritional value as defined by 7 Code of Federal
Regulations section 210.11(2) on elementary school, middle school and junior high school
campuses. The department may approve, on or after the effective date of this section, a
carbonated drink that is determined by the department to meet or exceed the department's
minimum nutrition standards.
F. Parents, pupils and community members may review food and beverage contracts to
ensure that food and beverages sold on elementary school, middle school and junior high
school campuses provide nutritious sustenance to pupils, promote good health, help
students learn, provide energy and model fit living for life.
G. School districts that offer instruction in grades nine through twelve may adopt
nutrition standards for high school campuses.
H. School districts that offer instruction in grades nine through twelve may adopt
nutrition standards for high school campuses.
I. Nothing in this section shall be construed to:
1. Prohibit a school district from developing and adopting nutrition standards that
are more stringent than those developed pursuant to this section.
2. Prohibit or limit the sale or distribution of any food or beverage item through
fund-raising activities of students, teachers or educational groups when the items are
intended for sale off the school grounds.
3. Prohibit or limit the sale or distribution of any food or beverage items to
teachers, administrators or other adults in a faculty lounge or under other circumstances
where the sale or distribution is limited to teachers, administrators or other adults.
15-243 Golden rule special plate fund
A. The golden rule special plate fund is established consisting of monies received
pursuant to section 28-2424. The department of education shall administer the fund. Not
more than ten per cent of monies deposited in the fund annually shall be used for the
cost of administering the fund. Monies in the fund are continuously appropriated. The
department of education shall distribute monies in the fund before July 1 of each year.
B. The department of education shall allocate monies to a private golden rule
foundation that is an incorporated nonprofit corporation in this state and that is
qualified under section 501(c)(3) of the United States internal revenue code for federal
income tax purposes. The department of education shall select a private golden rule
foundation that provides golden rule programs that demonstrate the promotion of the
golden rule in schools in this state and in communities in this state to receive monies
from the golden rule special plate fund. 15-251 Powers and duties
The superintendent of public instruction shall:
1. Superintend the schools of this state.
2. Request the auditor general to investigate when necessary the accounts of school
monies kept by any state, county or district officer.
3. Subject to supervision by the state board of education, apportion to the several
counties the monies to which each county is entitled for the year. Apportionment shall
be made as provided in chapter 9 of this title.
4. Direct the work of all employees of the board who shall be employees of the
department of education.
5. Execute, under the direction of the state board of education, the policies which
have been decided upon by the state board.
6. Direct the performance of executive, administrative or ministerial functions by
the department of education or divisions or employees thereof.
15-252 Powers and duties; publications; payment of claims for printing
A. The superintendent of public instruction shall:
1. Print as needed in pamphlet form the laws relating to schools, including model
forms of which the superintendent is unable to supply blanks, and supply copies of the
pamphlets to school officers and teachers, school libraries and the ARIZONA state
library, archives and public records.
2. Prepare, print and distribute pamphlets on subjects the state board of education
directs, including school sanitation, school architecture and an enumeration of the
school holidays established by law.
3. Prepare, print and distribute through the county school superintendents blank
forms and school registers, with instructions and rules as to their use, to teachers and
officers charged with administration of laws pertaining to schools.
4. Print and distribute the courses of study prescribed by the state board of
education.
5. Prepare and print blank forms for teachers' certificates.
B. Claims for the printing of laws and reports of the superintendent shall be
approved by the superintendent and paid as other claims against the state are paid from
appropriations for the state board of education.
15-253 Legal opinions relating to school matters
A. The superintendent of public instruction shall:
1. Furnish copies of the attorney general opinions, including opinions of the
county attorneys which have been submitted to the attorney general for review as provided
in subsection B, relating to school matters to all county attorneys, county school
superintendents and to other interested persons who request copies.
2. Require each county school superintendent to furnish copies of all attorney
general opinions relating to school matters to all school districts in his county.
B. For the purposes set forth in subsection A, the attorney general shall promptly
furnish copies of opinions relating to school matters to the superintendent of public
instruction. Each county attorney shall promptly transmit a copy of his opinion relating
to school matters to the attorney general who shall concur, revise or decline to review
the opinion of the county attorney. If the attorney general does not concur, revise or
decline to review the county attorney's opinion within sixty days from its receipt, the
opinion shall be deemed affirmed. The opinion of the attorney general shall prevail.
15-255 Annual report; contents; definition
A. The superintendent of public instruction shall make a report to the governor and
the legislature on or before January 15 each year. The report shall be in printed form.
B. The report shall contain:
1. A full statement of the condition and amount of all funds and property
apportioned for the purpose of education.
2. The total current expenditures per pupil and separate per pupil amounts for
classroom supplies, classroom instruction excluding classroom supplies, district and
school administration, support services-students, and all other support services and
operations. These per pupil amounts shall be calculated for the state by type of
district or school. The method of calculating these per pupil amounts shall be as
prescribed in the uniform system of financial records.
3. The number and grades of schools in each county.
4. The number of children attending schools.
5. The average number of children who have attended the schools during each of the
two years previous to July 1 of the year in which the report is made.
6. The number of children attending private schools.
7. The amount of school monies derived from county taxes.
8. The amount of school monies derived other than by county taxes.
9. The amount of federal monies that was received during the previous year and that
was specified for Indian education aid and emergency operational aid.
10. The amounts expended for salaries of teachers and superintendents and for
building of schools.
11. A statement of plans for the management of schools.
12. Such other information relating to the educational interests of this state as
the superintendent deems expedient.
C. In addition to the printed report required by subsections A and B of this
section, the superintendent of public instruction shall make available in electronic form
a supplemental report that provides detail regarding current expenditures by function
code for each individual school district. For purposes of this subsection, "function
code" means the function codes defined in the uniform system of financial records
provided for in section 15-272.
D. For the purposes of this section "type of district or school" means
accommodation school, unified school district, common school district not within the
boundaries of a high school district, common school district within the boundaries of a
high school district, high school district, joint technological education district and
charter school.
15-256 Waivers; federal education flexibility partnership act
Consistent with the purposes, intent and eligibility requirements of the education
flexibility partnership act (20 United States Code section 5891), the superintendent of
public instruction may issue to schools and school districts waivers of state statutory
requirements related to programs described in 20 United States Code section 5891(b). 15-271 Duties of auditor general for uniform financial records system; annual report
A. The auditor general shall determine the accounting systems, accounting methods
and accounting procedures for utilization by school districts.
B. The auditor general in conjunction with the department of education shall
prescribe a uniform system of financial records for utilization by all school districts
each fiscal year.
C. The uniform system of financial records prescribed by the auditor general shall:
1. Provide for adjustment in consideration of existing capabilities available at a
reasonable cost to school districts.
2. Allow schools to maintain necessary records at a minimum cost.
3. Prescribe guidelines applicable to procurement practices for use by school
districts for amounts less than those prescribed in section 15-213, subsection A.
4. Prescribe methods for the apportionment of revenues, including apportionment of
various revenues to maintenance and operations, capital outlay and adjacent ways.
5. Prescribe methods for the apportionment of revenues in excess of the revenue
control limit in the same manner as the revenues in paragraph 4.
6. Prescribe guidelines for the apportionment of the pupil enrollment and
attendance as provided in section 15-808, subsection F.
7. Provide the department of education, the auditor general, the governor and the
legislature with sufficient uniform information to assist in determining equitable
distribution of state aid to school districts.
8. Provide information including at a minimum:
(a) The student count and maintenance and operation expenditures with separate
subsections for regular education programs, special education programs and operating
expenditures for pupil transportation.
(b) Capital outlay expenditures.
(c) Debt service and special projects of all school districts.
D. The auditor general shall inform any school district which fails to establish
and maintain the uniform system of financial records and shall detail in writing the
deficiencies of the school district system giving the district ninety days to correct the
deficiencies.
E. The auditor general shall report to the department of education any school
district which either fails to establish and maintain the uniform system of financial
records prescribed by the auditor general or fails to correct deficiencies in the system
within ninety days after receiving notice of the deficiencies.
F. A school district may but shall not be required to maintain or provide financial
records other than those prescribed by the auditor general.
15-272 Duties of department of education for uniform system of financial records
A. The department of education shall advise and consult with the auditor general in
the preparation and implementation of a uniform system of financial records.
B. The state board of education shall upon report from the auditor general
determine whether school districts are maintaining the uniform system of financial
records. If the state board of education determines that a school district is not in
compliance with the uniform system of financial records or has failed to correct a
deficiency within ninety days after receiving notice from the auditor general, the state
board of education may direct the superintendent of public instruction to withhold any
portion of state funds to the school district from the date of the determination until
such time as the auditor general reports compliance with the uniform system of financial
records. The auditor general and the department of education shall assist the school
district to achieve compliance during such period.
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