schools; audits; financial records; budgets
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HB 2106 — schools; audits; financial records; budgets
Last action — DP
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
590 added · 600 removedPlain-language change summary
The updated version of House Bill 2106 includes a requirement for school districts to report their proposed budgets to the Department of Education by July 5 each year and to ensure that this information is prominently displayed on the department's website. It also specifies that if a school district has a website, it must include a link to the department's page with their budget details. These changes are important because they increase transparency and accountability regarding school district finances, ensuring that financial information is easily accessible to the public.
HB2106 - 542R - H-Education-ProposedH Ver Fifty-fourth Legislature EducationHouse Engrossed State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session Session H.B. HOUSE BILL 2106 AN ACT amending sections 15‑271, 15‑905 and 15‑914, Arizona Revised Statutes;
relating PROPOSEDto HOUSEschool OFfinances. REPRESENTATIVES AMENDMENTS TO H.B.
2106 (Reference to(TEXT printedOF bill)BILL BEGINS ON NEXT PAGE) PageBe 1,it betweenenacted linesby 1the andLegislature 2,of insert:the State of Arizona:
"Section 1. SectionSection 1. Section 15-183,15-271, Arizona Revised Statutes, is amended to read:
START_STATUTE15-183. CharterSTART_STATUTE15-271. Duties schools;of auditor general for uniform financial records system A. The auditor general shall determine the accounting systems, accounting methods and accounting procedures for utilization use by school districts.
application;B. The auditor general in conjunction with the department of education shall prescribe a uniform system of financial records for utilization use by all school districts each fiscal year.
requirements;C. The uniform system of financial records prescribed by the auditor general shall:
immunity;1. Provide for adjustment in consideration of existing capabilities available at a reasonable cost to school districts.
exemptions;2. Allow schools to maintain necessary records at a minimum cost.
renewal3. Prescribe ofguidelines application;applicable to procurement practices for use by school districts for amounts less than those prescribed in section 15‑213, subsection A.
reprisal;4. Prescribe methods for the apportionment of apportioning revenues, including apportionment of apportioning various revenues to maintenance and operations, capital outlay and adjacent ways.
fee;5. Prescribe methods for the apportionment of apportioning revenues in excess of the revenue control limit in the same manner as the revenues in paragraph 4 of this subsection.
funds;6. Prescribe guidelines for the apportionment of apportioning the pupil enrollment and attendance as provided in section 15‑808, subsection F.
annual7. Provide reportsthe A. Andepartment applicantof seekingeducation, tothe establishauditor ageneral, charterthe schoolgovernor shalland submitthe alegislature writtenwith applicationsufficient applyuniform ininformation writing to aassist proposed sponsor as prescribed in subsectiondetermining Cequitable distribution of thisstate section. Theaid application,to applicationschool processdistricts. and application time frames shall be posted on the sponsor's website and shall include the following, as specified in the application adopted by the sponsor:
1. A8. Provide detailedinformation, educationalincluding plan.at a minimum:
2. A(a) The detailedstudent businesscount plan.and maintenance and operation expenditures with separate subsections for regular education programs, special education programs and operating expenditures for pupil transportation.
3. A(b) Capital detailedoutlay operationalexpenditures. plan.
4. Any(c) Debt otherservice materialsand requiredspecial byprojects theof sponsor.all school districts.
B. TheD. The sponsorauditor ofgeneral ashall charterinform any school maydistrict contractwhich withthat afails publicto body,establish privateand personmaintain orthe privateuniform organizationsystem forof financial records and shall detail in writing the purposedeficiencies of establishingthe aschool charterdistrict schoolsystem pursuantgiving the district ninety days to thiscorrect article.the deficiencies.
C. TheE. The sponsorauditor ofgeneral ashall charterreport schoolto maythe bedepartment eitherof education and the state board of education,education theany stateschool boarddistrict forwhich charterthat schools,either afails universityto underestablish and maintain the jurisdictionuniform system of financial records prescribed by the Arizonaauditor boardgeneral or fails to correct deficiencies in the system within ninety days after receiving notice of regents,the adeficiencies. communityThe collegeauditor districtgeneral orshall adetail groupin writing the deficiencies of communitythe collegeschool districts,district subjectsystem in the auditor general's report to the followingdepartment requirements:and the state board.
1. AnF. A applicantschool district may notbut submitshall anis applicationnot applybe forrequired sponsorship to anymaintain person or entityprovide financial records other than those prescribed inby thisthe subsection.auditor general.
2. TheEND_STATUTE applicantSec. 2. Section may15-905, submitArizona theRevised applicationStatutes, apply to the state board of education or the state board for charter schools. Notwithstanding any other law, neither the state board for charter schools nor the state board of education shall grant a charter to a school district governing board for a new charter school or for the conversion of an existing district public school to a charter school. The state board of education or the state board for charter schools may approve the application if the application meets the requirements of this article and may approve the charter if the proposed sponsor determines, within its sole discretion, that the applicant is sufficientlyamended qualified to operateread: a charter school and that the applicant is applying to operate as a separate charter holder by considering factors such as whether:
(a) TheSTART_STATUTE15-905. School schoolsdistrict havebudgets; separate governing bodies, governing body membership, staff, facilities and student population.
(b) Dailynotice; operations are carried out by different administrators.
(c) Theadoption; applicant intends to have an affiliation agreement for the purpose of providing enrollment preferences.
(d) Theaggregate applicant'sbudget charterlimit; management organization has multiple charter holders serving varied grade configurations on one physical site or nearby sites serving one community.
(e) Itsummary; The applicant is reconstituting an existing school site population at the same or new site.
(f) Itadjustments; The applicant is reconstituting an existing grade configuration from a prior charter holder with at least one grade remaining on the original site with the other grade or grades moving to a new site. The state board of education or the state board for charter schools may approve any charter schools transferring charters. If the state board of education or the state board for charter schools rejects the preliminary application, the state board of education or the state board for charter schools shall notify the applicant in writing of the reasons for the rejection and of suggestions for improving the application. An applicant may submit a revised application for reconsideration by the state board of education or the state board for charter schools. The applicant may request, and the state board of education or the state board for charter schools may provide, technical assistance to improve the application.
3. Theimpact applicantaid mayfund; submit the application to a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts. A university, a community college district or a group of community college districts shall not grant a charter to a school district governing board for a new charter school or for the conversion of an existing district public school to a charter school. A university, a community college district or a group of community college districts may approve the application if it meets the requirements of this article and if the proposed sponsor determines, in its sole discretion, that the applicant is sufficiently qualified to operate a charter school.
4. Eachdefinition applicantA. Not seekinglater tothan establishJuly a5 charterof schooleach shallyear submitor ano fullnot setlater than the publication of fingerprintsnotice toof the approvingpublic agencyhearing forand theboard purposemeeting ofas obtainingrequired aby statethis andsection, federalthe criminalgoverning recordsboard checkof pursuanteach toschool sectiondistrict 41‑1750shall prepare and Publicfurnish Lawto 92‑544. Ifthe ansuperintendent applicantof willpublic haveinstruction directand contactthe withcounty students,school thesuperintendent, applicantunless shallwaived possessby athe validcounty fingerprintschool clearancesuperintendent, carda thatproposed isbudget issuedin pursuantan toelectronic titleformat 41,for chapterthe 12,budget articleyear, 3.1. Thewhich departmentshall ofcontain publicthe safetyinformation mayand exchangebe thisin fingerprintthe dataform withas theprovided federalby bureauthe department of investigation. Theeducation. criminalThe recordsproposed checkbudget shall beinclude completed before the issuancefollowing: of a charter.
5. All1. The personstotal engagedamount in instructional work directly as a classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist or principal shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1, unless the person is a volunteer or guest speaker who is accompanied in the classroom by a person with a valid fingerprint clearance card. A charter school shall not employ a teacher whose certificate has been surrendered or revoked, unless the teacher's certificate has been subsequently reinstated by the state board of education. Allrevenues otherfrom personnelall shallsources be fingerprint checked pursuant to section 15‑512, or the charter school may require those personnel to obtain a fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. Before employment, the charter school shall make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations that maywas benecessary relevant to a meet the person's fitness for employment as prescribed in section 15‑512, subsection F. The charter school shalldistrict's notifybudget the department of public safety if the charter school or sponsor receives credible evidence that a person who possesses a valid fingerprint clearance card is arrested for or is charged with an offense listed in section 41‑1758.03, subsection B. A person who is employed at a charter school that has met the requirementscurrent ofyear. this paragraph is not required to meet any additional requirements that are established by the department of education or that may be established by rule by the state board of education. The state board of education may not adopt rules that exceed the requirements for persons who are qualified to teach in charter schools prescribed in title I of the every student succeeds act (P.L.
114‑95)2. The ortotal theamount individuals with disabilities education improvement act of 2004revenues (P.L. 108-446). Charterby schoolssource maythat hirewill personnelbe whonecessary haveto notmeet yet received a fingerprint clearance card if proof is provided of the submissionproposed ofbudget an application to the department of public safety for a fingerprint clearance card and if the charter school thatdistrict, isexcluding seekingproperty totaxes. hire the applicant does all of the following:
(a) DocumentsThe ingoverning board shall prepare the applicant'sproposed budget and a summary of the proposed budget. Both documents shall be kept on file at the necessityschool fordistrict hiringoffice and placementshall be made available to the public on request. Not later than July 5 of placingeach year or not later than the applicantpublication beforeof receivingnotice of the applicantpublic receiveshearing and board meeting required by this subsection, the governing board shall submit the proposed budget to the department of education, which shall prominently display this information about that school district on the website maintained by the department. If the school district maintains a fingerprintwebsite, clearancethe card.school district shall post a link to the website of the department of education where this information about the school district is posted. The auditor general in conjunction with the department of education shall prescribe the form of the summary of the proposed budget for use by governing boards. School district governing boards may include in the proposed budget any items or amounts that are authorized by legislation filed with the secretary of state and that will become effective during the budget year. If subsequent events prevent the legislation from becoming effective, school district governing boards must reduce their budgets by the amounts budgeted pursuant to the legislation that did not become effective.
(b) EnsuresB. The thatgoverning theboard department of publiceach safetyschool completesdistrict shall prepare a statewidenotice criminalfixing recordsa checktime onnot thelater applicant. than AJuly statewide15 criminaland recordsdesignating checka shallpublic beplace completedwithin byeach theschool departmentdistrict ofat which a public safetyhearing everyand oneboard hundredmeeting twentyshall daysbe untilheld. The governing board shall present the dateproposed thatbudget for consideration of the fingerprintresidents checkand isthe completedtaxpayers orof the fingerprintschool clearancedistrict cardat isthat issuedhearing orand denied.meeting.
(c) ObtainsC. The referencesgoverning fromboard of each school district shall publish or mail, before the applicant'shearing currentand employermeeting, a copy of the proposed budget or the summary of the proposed budget and a notice of the twopublic mosthearing recentand previousboard employersmeeting exceptno fornot applicantslater whothan haveten beendays employedbefore the meeting. The proposed budget and the summary of the proposed budget shall contain the percentage of increase or decrease in each budget category of the proposed budget as compared to each category of the budget for the current year. Notification shall be either by publication in a newspaper of general circulation within the school district in which the size of the newspaper print shall be is at least fiveeight‑point yearstype, by electronic transmission of the applicant'sinformation mostto recentthe employer.department of education for posting on the department's website or by mailing the information to each household in the school district. The cost of publication, website posting or mailing shall be a charge against the school district. The publisher's affidavit of publication shall be filed by the governing board with the superintendent of public instruction within thirty days after publication. If the budget or proposed budget and notice are posted on a website maintained by the department of education or mailed, the board shall file an affidavit with the superintendent of public instruction within thirty days after the mailing or the date that the information is posted on the website.
(d) ProvidesIf generala supervisiontruth ofin taxation notice and hearing is required under section 15‑905.01, the applicantgoverning untilboard may combine the datenotice thatand hearing under this section with the fingerprinttruth cardin istaxation obtained.notice and hearing.
(e) CompletesD. At athe searchtime ofand criminalplace recordsfixed in allthe localnotice, jurisdictionsthe outsidegoverning board shall hold the public hearing and present the proposed budget to the persons attending the hearing. On request of thisany stateperson, inthe whichgoverning board shall explain the applicantbudget, and any resident or taxpayer of the school district may protest the inclusion of any item. A governing board member who has liveda substantial interest, as defined in section 38‑502, in a specific item in the previousschool fivedistrict years.budget shall refrain from voting on the specific item. A governing board member may participate without creating a conflict of interest in adoption of adopting a final budget even though the member may have substantial interest in specific items included in the budget.
(f) VerifiesE. Immediately following the fingerprintpublic statushearing the president shall call to order the governing board meeting for the purpose of adopting the applicantbudget. The governing board shall adopt the budget, which shall not exceed the general budget limit or the unrestricted capital budget limit, making such deductions as it sees fit but making no additions to the proposed budget total for maintenance and operations or capital outlay, and shall enter the budget as adopted in its minutes. Not later than July 18, the budget as finally adopted shall be filed by the governing board with the county school superintendent who shall immediately transmit a copy to the board of supervisors. Not later than July 18, the budget as finally adopted shall be submitted electronically to the superintendent of public instruction. Not later than July 18, the governing board shall submit the budget as finally adopted to the department of education, which shall prominently display this information about that school district on the website maintained by the department. If the school district maintains a website, the school district shall post a link to the website of the department of education where this information about the school district is posted. On or before October 30, the superintendent of public safety.instruction shall review the budget and notify the governing board if the budget is in excess of exceeds the general budget limit or the unrestricted capital budget limit. The governing board shall revise the budget as follows:
6. A1. If charterthe schoolgoverning board receives notification that compliesthe withbudget exceeds the fingerprintinggeneral requirementsbudget limit or the unrestricted capital budget limit by one percent of thisthe sectiongeneral budget limit, it shall beadopt deemedon toor havebefore compliedDecember with15, sectionafter 15‑512it gives notice and isholds entitleda topublic themeeting samein rightsa andsimilar protectionsmanner as provided toin schoolsubsections districtsC byand sectionD 15‑512.of this section, a revised budget for the current year, which shall not exceed the general budget limit or the unrestricted capital budget limit.
7. If2. If athe chartergoverning schoolboard operatorreceives isnotification notthat alreadythe subjectbudget toexceeds athe publicgeneral meetingbudget limit or hearing by the municipalityunrestricted incapital whichbudget thelimit charterby schoolless isthan located, the operatoramount ofprescribed ain charterparagraph school1 shallof conductthis asubsection, publicthe meetinggoverning atboard leastshall thirtyadjust days before the charterbudget schooland operatorexpenditures opensso aas sitenot orto sitesexceed for the chartergeneral school. budget Thelimit charteror school operator shall post notices of the publicunrestricted meetingcapital inbudget atlimit leastfor three different locations that are within three hundred feet of the proposedcurrent charteryear. school site.
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8. A3. On personor whobefore isDecember employed18, bythe agoverning charterboard schoolshall orfile whothe isrevised anbudget applicantit foradopts employment with athe chartercounty school,school superintendent who isshall arrestedimmediately fortransmit ora chargedcopy withto athe nonappealableboard offenseof listedsupervisors. Not inlater sectionthan 41‑1758.03,December subsection18, Bthe andbudget whoas doesrevised notshall immediatelybe reportsubmitted electronically to the arrestsuperintendent orof chargepublic instruction. School districts that are subject to thesection person's15‑914.01 supervisorare ornot potentialrequired employerto issend guiltya copy of unprofessionalrevised conductbudgets andto the personcounty shallschool besuperintendent. Procedures immediatelyfor dismissedadjusting fromexpenditures employmentor withrevising the charterbudget schoolshall orbe immediatelyas excludedprescribed fromin potentialthe employmentuniform withsystem theof charterfinancial school.records.
9. AF. The persongoverning whoboard isof employedeach by a charter school anddistrict whomay isbudget convictedfor ofexpenditures anywithin nonappealablethe offenseschool listeddistrict inbudget sectionas 41‑1758.03,follows: subsection B or is convicted of any nonappealable offense that amounts to unprofessional conduct under section 15‑550 shall immediately do all of the following:
(a) Surrender1. Amounts anywithin certificatesthe issuedgeneral bybudget limit, as provided in section 15‑947, subsection C, may only be budgeted in the departmentfollowing sections of education.the budget:
(b) Notify(a) The themaintenance person'sand employeroperation orsection. potential employer of the conviction.
(c) Notify(b) The thecapital departmentoutlay ofsection. public safety of the conviction.
(d) Surrender2. Amounts within the person'sunrestricted fingerprintcapital clearancebudget card.limit, as provided in section 15‑947, subsection D, may only be budgeted in the unrestricted capital outlay subsection of the budget. Monies received pursuant to the unrestricted capital budget limit shall be placed in the unrestricted capital outlay fund. The monies in the fund are not subject to reversion.
D. AnG. The entitygoverning thatboard ismay authorizedauthorize tothe sponsorexpenditure charterof schoolsmonies pursuantbudgeted towithin thisthe articlemaintenance hasand nooperation legalsection authorityof overthe orbudget responsibility for aany chartersubsection schoolwithin sponsoredthe bysection ain differentexcess entity. of Thisthat subsectionexceed doesamounts notspecified applyin tothe adopted budget only by action taken at a public meeting of the stategoverning board ofand education'sif dutythe toexpenditures exercisefor generalall supervisionsubsections overof the publicsection schooldo systemnot pursuantexceed tothe sectionamount 15‑203,budgeted subsectionas A,provided paragraphin 1.this section.
E. TheH. The charteraggregate ofbudget alimit charteris schoolthe shallsum do all of the following:
1. Ensure1. The compliancegeneral withbudget federal,limit stateas anddetermined localin rules,section regulations15‑947 andfor statutesthe relatingbudget toyear. health, safety, civil rights and insurance. The department of education shall publish a list of relevant rules, regulations and statutes to notify charter schools of their responsibilities under this paragraph.
2. Ensure2. The thatunrestricted itcapital isbudget nonsectarianlimit inas itsdetermined programs,in admissionsection policies15‑947 andfor employmentthe practicesbudget andyear. all other operations.
3. Ensure3. Federal thatassistance, itexcluding providestitle aVIII comprehensive program of instructionthe forelementary at least a kindergarten program or any grade between grades one and twelve,secondary excepteducation thatact aof school1965 maymonies. offer this curriculum with an emphasis on a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts or foreign language.
4. EnsureI. School districts that itoverestimated designstuition arevenues methodas toprovided measurein pupilsection progress15‑947, towardsubsection C, paragraph 2 shall adjust the pupilgeneral outcomesbudget adoptedlimit byand expenditures based on tuition revenues for attendance of nonresident pupils during the statecurrent boardfiscal year. School districts that underestimated tuition revenues may adjust their budgets before May 15 based on tuition revenues for attendance of educationnonresident pursuantpupils toduring sectionthe 15‑741.01,current includingfiscal participationyear. School districts that overestimated revenues as provided in thesection statewide15‑947, assessmentsubsection C, paragraph 2, subdivision (a), items (iii), (iv) and (v) and subdivision (c) shall adjust the nationallygeneral standardizedbudget norm‑referencedlimit achievementand testexpenditures asbased designatedon byactual revenues during the statecurrent boardfiscal andyear. School districts that underestimated such revenues may adjust their budgets before May 15 based on actual revenues during the completioncurrent andfiscal distributionyear. Procedures offor ancompleting annualadjustments reportshall cardbe as prescribed in chapterthe 7,uniform articlesystem 3of financial records. Not later than May 18, the budget as adjusted shall be submitted electronically to the superintendent of thispublic title.instruction.
5. EnsureJ. A that,common exceptschool asdistrict providednot inwithin thisa articlehigh school district whose estimated tuition charge for high school pupils exceeds the actual tuition charge for high school pupils shall adjust the general budget limit and inexpenditures itsbased charter,on itthe actual tuition charge. Not later than May 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction. A common school district not within a high school district whose estimated tuition charge for high school pupils is exemptless fromthan allthe statutesactual tuition charge for high school pupils may adjust its budget before May 15 based on the actual tuition charge. Procedures for completing adjustments shall be as prescribed in the uniform system of financial records. If the adjusted general budget limit requires an adjustment of state aid and rulesif relatingthe adjustment to schools,state governingaid boardsis andnot made in the current year, the superintendent of public instruction shall adjust by August of the succeeding fiscal year the apportionment of state aid to the school districts.district to correct any overpayment or underpayment of state aid received during the current year.
6. EnsureK. The that,governing exceptboard asmay providedinclude intitle thisVIII article,of itthe iselementary subjectand tosecondary theeducation sameact financialof 1965 assistance allocated for children with disabilities, children with specific learning disabilities, children residing on Indian lands and electronicchildren dataresiding submissionwithin requirementsthe asboundaries aof an accommodation school district,that includingis thelocated uniformon systema ofmilitary financialreservation recordsand that is classified as prescribeda heavily impacted local educational agency pursuant to 20 United States Code section 7703, which is in chapteraddition 2,to articlebasic 4assistance ofwhen thisdetermining title,the procurementgeneral rulesbudget limit as prescribed in section 15‑21315‑947, andsubsection auditC. The requirements. Anyincrease auditin the general budget limit for children residing within the boundaries of aan charteraccommodation school shallthat includeis located on a reviewmilitary ofreservation theand charterthat school'sis annualclassified financialas report. Thea auditorheavily generalimpacted local education agency shall conductequal athe comprehensivedollar reviewamount andcalculated revisionpursuant ofto 20 United States Code section 7703(b)(2). The governing board may adjust before May 15 the uniformbudget systemfor ofthe financialcurrent recordsyear tobased ensureon any adjustments that result in increases over the provisionsamount ofestimated by the uniformsuperintendent systemof public instruction for title VIII of financialthe recordselementary thatand relatesecondary toeducation charteract schoolsof areassistance infor accordancesuch withpupils commonlyfor acceptedthe accountingfiscal principlesyear usedpreceding bythe privatecurrent business. Ayear. The school'sgoverning charterboard mayshall includeadjust exceptionsbefore toMay 15 the requirementsbudget offor thisthe paragraphcurrent thatyear arebased necessaryon asany determinedadjustments bythat theresult university,in decreases in the communityamount collegeestimated district,by the groupsuperintendent of communitypublic collegeinstruction districts,for title VIII of the stateelementary boardand ofsecondary education oract theof state1965 boardassistance for chartersuch schools. Thepupils departmentfor ofthe educationfiscal oryear preceding the officecurrent ofyear. Not later than May 18, the auditorbudget generalas mayadjusted conductshall financial,be programsubmitted orelectronically complianceto audits.the superintendent of public instruction. Procedures for complying with this subsection shall be as prescribed in the uniform system of financial records.
7. EnsureL. The compliancedepartment withof alleducation federalshall notify the state board of education if expenditures by any school district exceed the general budget limit prescribed in section 15‑947, subsection C, the unrestricted capital budget limit, the school plant fund limits prescribed in section 15‑1102, subsection B, the maintenance and operation section of the budget or the capital outlay section of the budget. If the expenditures of any school district exceed these limits or sections of the budget without authorization as provided in section 15‑907, and if the state lawsboard relatingof education determines that the equalization assistance for education received by the school district as provided in section 15‑971 does not conform with statutory requirements, the state board of education shall reduce the state aid for equalization assistance for education for the school district computed as provided in section 15‑971 during the fiscal year subsequent to the fiscal year in which the excess equalization assistance for education was received by an amount equal to the excess equalization assistance for education, except that in case of childrenhardship withto disabilitiesthe school district, the superintendent of public instruction may approve reductions partly in the samefirst mannersubsequent year and partly in the second subsequent year. If the state board of education determines that the equalization assistance for education received by the school district conforms with statutory requirements, the state board of education shall not reduce the district's equalization assistance for education pursuant to this subsection but the district shall reduce the budget limits as arequired in subsection M of this section. A school district.district that disagrees with the department of education's determination regarding an excess expenditure under this subsection may request a hearing before the state board of education.
8. EnsureM. The thatgoverning itboard providesof for a governingschool bodydistrict forshall reduce the chartergeneral schoolbudget thatlimit isor responsiblethe unrestricted capital budget limit for the policyyear decisionssubsequent ofto the charteryear school. in Notwithstandingwhich sectionthe 1‑216,expenditures ifwere therein isexcess aof vacancythe applicable limit or vacanciessection onof the governingbudget body,by athe majorityamount determined in subsection L of this section, except that in case of hardship to the remainingschool membersdistrict, the superintendent of public instruction may approve reductions partly in the governingfirst bodysubsequent constituteyear aand quorumpartly forin the transactionsecond ofsubsequent business,year. The unlessreduction thatin quorumthe limit is prohibitedapplicable byto each school district that has exceeded the chartergeneral school'sbudget operatinglimit, agreement.the unrestricted capital budget limit or a section of the budget even if the reduction exceeds the state aid for equalization assistance for education for the school district.
9. EnsureN. Except thatas itprovided providesin section 15‑916, no expenditure shall be made by any school district for a minimumpurpose not included in the budget or in excess of onethe hundredaggregate eightybudget instructionallimit daysprescribed in this section, except that if no budget has been adopted, from July 1 to July 15 the governing board may make expenditures if the total of the expenditures does not exceed ten percent of the prior year's aggregate budget limit. Any expenditures made from July 1 to July 15 and before Junethe adoption of eachthe fiscalbudget shall be included in the total expenditures for the current year. No expenditure shall be made and no debt, obligation or liability shall be incurred or created in any year unlessfor itany ispurpose operatingitemized in the budget in excess of the amount specified for the item irrespective of whether the school district at any time has received or has on anhand alternativefunds calendarin approvedexcess of those required to meet the expenditures, debts, obligations and liabilities provided for under the budget except expenditures from cash controlled funds as defined by itsthe sponsor. Theuniform superintendentsystem of publicfinancial instructionrecords shalland adjustexcept theas apportionmentprovided schedulein accordinglysection 15‑907 and subsection G of this section. This subsection does not prohibit any school district from prepaying insurance premiums, magazine subscriptions or officiating services, or from prepaying any item that is normally prepaid in order to accommodateprocure the service or to receive a charterdiscounted schoolprice utilizingfor anthe alternativeservice, calendar.as prescribed by the uniform system of financial records.
F. AO. The chartergoverning schoolboard shall keep in the personnel file of alla each current employees employee who provide provides instruction to pupils at the charter school informationdistrict aboutthat theis employee'sclassified educationalas and teaching background and experience in a particularheavily academicimpacted content subject area. A charter school shalldistrict informhaving parentstwenty andpercent guardiansor ofmore thepupils availabilitypursuant ofto the20 informationUnited andStates shallCode makesection the238(d)1(A) informationmay availabledetermine forits inspectioneligibility onto requestincrease ofthe parentsamount andthat guardiansmay ofbe pupilsincluded enrolledin atdetermining the chartergeneral school. budget Thislimit subsectionas doesprovided not require any charter school to release personally identifiable information in relationsubsection toK anyof teacherthis orsection employee,and includingmay increase the teacher'samount oras employee'sfollows: address, salary, social security number or telephone number.
G. The1. For charterfiscal ofyear a1988‑1989: charter school may be amended at the request of the governing body of the charter school and on the approval of the sponsor.
H. Charter(a) Multiply schoolsone maythousand contract,ninety‑four suedollars and$1,094 beby sued.the number of children with disabilities or children with specific learning disabilities, excluding children who also reside on Indian lands, reported to the division of impact aid, United States department of education in the district's application for fiscal year 1987‑1988.
I. The(b) Multiply charterfive ishundred effectiveforty‑seven fordollars fifteen$547 yearsby from the firstnumber day of children residing on Indian lands, excluding children who have disabilities or also have specific learning disabilities, reported to the fiscaldivision yearof asimpact specifiedaid, United States department of education in the charter,district's subjectapplication tofor thefiscal following:year 1987‑1988.
1. At(c) Multiply leastone eighteenthousand monthsnine beforehundred thefourteen expirationdollars of$1,914 theby charter expires, the sponsornumber shallof notifychildren theresiding charteron schoolIndian thatlands thewho charterhave schooldisabilities mayor applyalso forhave renewalspecific andlearning shalldisabilities makereported the renewal application available to the charterdivision school. A charter school that elects to apply for renewal shall file a complete renewal application at least fifteen months before the expiration of theimpact charteraid, expires. AUnited sponsorStates shalldepartment give written notice of itseducation intent not to renew the charter school's request for renewal to the charter school at least twelve months before the expiration of the charter. The sponsor shall make data used in making renewal decisions available to the schooldistrict's andapplication the public and shall provide a public report summarizing the evidence basis for eachfiscal decision. year The1987‑1988. sponsor may deny the request for renewal if, in its judgment, the charter holder has failed to do any of the following:
(a) Meet(d) Add or make sufficient progress toward the academicamounts performancedetermined expectationsin setsubdivisions forth(a) inthrough the(c) performanceof framework.this paragraph.
(b) Meet(e) If the operationalamount performanceof expectationstitle setVIII forthof the elementary and secondary education act of 1965 assistance as provided in subsection K of this section is less than the performancesum frameworkdetermined orin anysubdivision improvement(d) plans.of this paragraph, the district is eligible to use the provisions of this subsection.
(c) Meet2. For budget years after 1988‑1989, use the financialprovisions performanceof expectationsparagraph set1 forthof this subsection, but increase each dollar amount by the growth rate for that year as prescribed by law, subject to appropriation and use the number of children reported in the performanceappropriate frameworkcategory orfor anythe improvementcurrent plans.fiscal year.
(d) Complete3. If the obligationsdistrict is eligible to use the provisions of this subsection, subtract the contract.amount of title VIII of the elementary and secondary education act of 1965 assistance determined in subsection K of this section from the sum determined in paragraph 1, subdivision (d) of this subsection. The difference is the increase in the amount that may be included in determining the general budget limit as provided in subsection K of this section, if including this amount does not increase the district's primary tax rate for the budget year. If the amount of title VIII of the elementary and secondary education act of 1965 assistance determined in subsection K of this section is adjusted for the current year, the increase determined in this paragraph shall be recomputed using the adjusted amount and the recomputed increase shall be reported to the department of education by May on a form prescribed by the department of education.
(e) Comply4. If witha district uses the provisions of this articlesubsection, orthe anydistrict provisionis not required to adjust its budget for the current year based on adjustments in the estimated amount of lawtitle fromVIII whichof the charterelementary schooland issecondary noteducation exempt.act of 1965 assistance as provided in subsection K of this section.
2. AP. A charterschool operatordistrict, mayexcept apply for earlyan renewal. Ataccommodation leastschool, ninethat monthsapplies beforefor thetitle charterVIII school's intended renewal consideration, the operator of the charterelementary schooland shallsecondary submiteducation aact letter of intent1965 toassistance during the sponsorcurrent toyear applymay forbudget earlyan renewal. Theamount sponsorfor shalltitle reviewVIII fiscalof auditsthe elementary and academicsecondary performanceeducation dataact forof the1965 charteradministrative schoolcosts thatfor are annually collected by the sponsor,budget reviewyear. The theamount currentbudgeted contractfor betweentitle theVIII sponsorof and the charterelementary school and providesecondary theeducation qualifyingact charter school with a renewal application. On submission of a1965 completeadministrative application,costs theis sponsorexempt shallfrom give written notice of its consideration of the renewalrevenue application. control Thelimit sponsorand may denynot theexceed requestan foramount earlydetermined renewalfor if, in the sponsor'sbudgeted judgment,year theas charterfollows: holder has failed to do any of the following:
(a) Meet1. Determine orthe makeminimum sufficientcost. The progressminimum towardcost for fiscal year 1990‑1991 is two thousand three hundred forty‑three dollars $2,343. For fiscal year 1991‑1992 and thereafter, the academicminimum performancecost expectationsis setthe forthminimum incost for the performanceprior framework.year increased by the growth rate as prescribed by law, subject to appropriation.
(b) Meet2. Determine the operationalhourly performancerate. The expectationshourly setrate forthfor infiscal year 1990‑1991 is nine dollars thirty‑eight cents $9.38. For fiscal year 1991‑1992 and thereafter, the performancehourly frameworkrate oris anythe improvementhourly plans.rate for the prior year increased by the growth rate as prescribed by law, subject to appropriation.
(c) Meet3. Determine the financialtitle performanceVIII expectationsof setthe forthelementary and secondary education act of 1965 revenues available by subtracting the amount of title VIII of the elementary and secondary education act of 1965 assistance used to increase the general budget limit as provided in subsections K and O of this section for the performancecurrent frameworkfiscal oryear anyfrom improvementthe plans.total amount of title VIII of the elementary and secondary education act of 1965 revenues received in the current fiscal year.
(d) Complete4. Determine the obligationstotal number of theadministrative contract.hours as follows:
(e) Comply(a) Determine withthe thissum article or any provision of law from which the charterfollowing: school is not exempt.
3. A(i) 1.00 sponsorhours shallfor revieweach ahigh charterimpact atpupil five‑yearwho intervalsis usingnot a performanceperson frameworkwith adopted by the sponsor and may revoke a charterdisability at any time if the charter school breaches one or moredoes provisionsnot ofhave itsspecific charterlearning ordisabilities. if the sponsor determines that the charter holder has failed to do any of the following:
(a) Meet(ii) 1.25 orhours makefor sufficienteach progresshigh towardimpact thepupil academicwho performanceis expectationsa setperson forthwith ina thedisability performanceor framework.has specific learning disabilities.
(b) Meet(iii) 0.25 thehours operationalfor performanceeach expectationslow setimpact forthpupil inwho theis performancenot frameworka person with a disability or anydoes improvementnot plans.have specific learning disabilities.
(c) Meet(iv) 0.31 thehours financialfor performanceeach expectationslow setimpact forthpupil inwho theis performancea frameworkperson with a disability or anyhas improvementspecific plans.learning disabilities.
(d) Comply(b) For withthe thispurposes article or any provision of lawthis fromparagraph: which the charter school is not exempt.
4. In(i) "High determiningimpact whetherpupil" tomeans renewa orpupil revokewho resides on Indian lands or a charterpupil holder,who theresides sponsoron mustfederal considerproperty makingor sufficientin progresslow towardrent thehousing academicand performancewhose expectationsparent setis forthemployed on federal property or low rent housing property or is on active duty in uniformed service, as provided in title VIII of the sponsor'selementary performanceand frameworksecondary education act of 1965, section 8003(a) (20 United States Code section 7703) and as onereported in the application for title VIII of the mostelementary importantand factors.secondary education act of 1965 assistance in the current year.
5. At(ii) "Low leastimpact sixtypupil" daysmeans beforea thepupil effectivewho dateresides ofon thenonfederal proposedproperty revocation,and thehas sponsora shallparent givewho writtenis noticeemployed toon thefederal operatorproperty ofor thelow charterrent schoolhousing ofproperty itsor intentis toon revokeactive theduty charter. Noticein ofa theuniformed sponsor'sservice intentor toa revokepupil thewho charterresides shallon befederal deliveredproperty personallyor toin thelow operatorrent ofhousing theand charterwho schooldoes ornot senthave bya certifiedparent mail,who returnis receiptemployed requested,on tofederal theproperty addressor oflow therent charterhousing school. Theproperty noticeor shallis incorporateon aactive statementduty ofin reasonsuniformed forservice, theas proposedprovided revocationin oftitle theVIII charter. Theof sponsor shall allow the charterelementary schooland atsecondary leasteducation sixtyact daysof to1965, correctsection the8003(a) problems(20 associatedUnited withStates theCode reasonssection for7703) theand proposedas revocationreported ofin the charter. Theapplication finalfor determinationtitle VIII of whether to revoke the charterelementary shalland besecondary madeeducation atact aof public1965 hearingassistance calledin forthe suchcurrent thatyear. purpose.
J. The5. Multiply charterthe maytotal benumber renewedof foradministrative successivehours periodsdetermined in paragraph 4 of twentythis years.subsection by the hourly rate determined in paragraph 2 of this subsection.
K. A6. Determine charter school that is sponsored by the stategreater board of education, the stateminimum boardcost fordetermined charterin schools,paragraph a1 university,of athis communitysubsection college district or athe groupproduct ofdetermined communityin collegeparagraph districts5 may not be located on the property of a school district unless the district governing board grants this authority.subsection.
L. A7. Add governingto boardthe oramount adetermined schoolin districtparagraph employee6 who has control over personnel actions shall not take unlawful reprisal against another employee of thethis schoolsubsection district because the employeeamount, isif directlyany, or indirectly involved in an application to establishbe aexpended charterby school. Athe governing board or a school district employeein shall not take unlawful reprisal against an educational program of the schoolbudget oryear thethrough school district because an applicationintergovernmental toagreement establishwith aother charter school proposesdistricts the conversion of converting all or athe portiondepartment of theeducation educational program to aprovide chartertitle school. VIII Forof the purposeselementary ofand thissecondary subsection,education "unlawfulact reprisal" means an action that is taken by a governing board or a school district employee as a direct result of a1965 lawfultechnical applicationassistance to establishparticipating adistricts. charter school and that is adverse to another employee or an education program and:
1. With8. Determine respectthe tolesser aof schoolthe districtamount employee,determined results in oneparagraph 7 of this subsection or morethe revenues available as determined in paragraph 3 of thethis following:subsection.
(a) Disciplinary9. The oramount correctivedetermined action.in paragraph 8 of this subsection is the maximum amount that may be budgeted for title VIII of the elementary and secondary education act of 1965 administrative costs for the budget year as provided in this subsection.
(b) Detail,10. If transferthe orgoverning reassignment.board underestimated the amount that may be budgeted for title VIII of the elementary and secondary education act of 1965, section 8007 administrative costs for the current year, the board may adjust the general budget limit and the budget before May 15. If the governing board overestimated the amount that may be budgeted for title VIII of the elementary and secondary education act of 1965 administrative costs for the current year, the board shall adjust the general budget limit and the budget before May 15.
(c) Suspension,Q. If demotiona school district governing board has adopted a budget for a fiscal year based on forms and instructions provided by the auditor general and the department of education for that fiscal year and if, as a result of the enactment or dismissal.nonenactment of proposed legislation after May 1 of the previous fiscal year, the budget is based on incorrect limits, does not include items authorized by law or does not otherwise conform with law, the governing board may revise its budget at a public hearing on or before September 15 to conform with the law. Not later than September 18, the budget as adjusted shall be submitted electronically to the superintendent of public instruction. If the governing board does not revise the budget on or before September 15 and if the budget includes any items not authorized by law or if the budget exceeds any limits, the governing board shall adjust or revise the budget as provided in subsection E of this section.
(d) AnR. Notwithstanding unfavorableany performanceother evaluation.law, if a school district receives assistance pursuant to title VIII of the elementary and secondary education act of 1965, the school district shall establish a local level fund designated as the impact aid fund and deposit the impact aid monies received in the fund. The school district shall separately account for monies in the fund and shall not combine monies in the fund with any other source of local, state or federal assistance. Monies in the fund shall be expended pursuant to federal law only for the purposes allowed by this title. The school district shall account for monies in the fund according to the uniform system of financial records as prescribed by the auditor general. The superintendent of public instruction shall separately account for monies in each school district's impact aid fund, if an impact aid fund is established, in the annual report required by section 15‑255. Monies in the fund are considered federal monies and are not subject to legislative appropriation.
(e) AS. For reductionthe inpurposes pay,of benefitsthis orsection, awards."title VIII of the elementary and secondary education act of 1965 assistance" means, for the current year, an amount equal to the final determination of title VIII of the elementary and secondary education act of 1965 assistance for the fiscal year preceding the current year as confirmed by the division of impact aid, United States department of education or, if a final determination has not been made, the amount estimated by the superintendent of public instruction as confirmed by the division of impact aid, United States department of education and, for the budget year, an amount equal to the determination of title VIII of the elementary and secondary education act of 1965 assistance for the fiscal year preceding the budget year as estimated by the superintendent of public instruction.
(f) EliminationEND_STATUTE ofSec. 3. Section the15-914, employee'sArizona positionRevised withoutStatutes, ais reductionamended into forceread: by reason of lack of monies or work.
(g) OtherSTART_STATUTE15-914. Financial significantand changescompliance inaudits dutiesA. The orgoverning responsibilitiesboard of a school district that areis inconsistentrequired to comply with the employee'ssingle salaryaudit oract employmentamendments classification.of 1996 (P.L. 104‑156;
2. WithStat. respect to an educational program, results in one or more of the following:
(a) Suspension1396; or termination of the program.
(b) Transfer31 United States Code sections 7501 through 7507) shall contract for at least annual financial and compliance audits of financial transactions and accounts subject to the single audit act amendments of 1996 and kept by or reassignmentfor the school district. The governing board of a school district that is not required to comply with the programsingle audit act and that has adopted an expenditure budget of two million dollars $2,000,000 or more for the maintenance and operation fund pursuant to section 15‑905 shall contract for an annual financial statement audit. The governing board of a school district that is not required to comply with the single audit act and that has adopted an expenditure budget of less favorablethan department.two million dollars $2,000,000 but more than seven hundred thousand dollars $700,000 for the maintenance and operation fund pursuant to section 15‑905 shall contract for a biennial financial statement audit. An independent certified public accountant shall conduct the audit in accordance with generally accepted governmental auditing standards. To the extent permitted by federal law, a school district that is required to participate in an annual audit pursuant to this subsection may convert to a biennial audit schedule if the previous annual audit did not contain any significant negative findings. If a biennial audit of a school district conducted pursuant to this subsection contains any significant negative findings, the school district shall convert back to an annual audit schedule. If a school district is required to convert back to an annual audit schedule pursuant to this subsection because of significant negative findings, the school district may subsequently convert to a biennial audit schedule if the previous two annual audits did not contain any significant negative findings. For the purposes of this subsection, "significant negative finding" means a finding that results in the issuance of a letter of noncompliance from the auditor general.
(c) RelocationB. The governing board of thea programcharter school that is required to acomply lesswith favorablethe sitesingle withinaudit act amendments of 1996 shall contract for an annual financial and compliance audit of financial transactions and accounts subject to the schoolsingle audit act amendments of 1996 and kept by or schoolfor district.the charter school.
(d) SignificantC. A reductioncharter orschool terminationthat is not subject to the single audit act amendments of funding1996 shall contract for at least an annual financial statement audit conducted in accordance with generally accepted governmental auditing standards. An independent certified public accountant shall conduct the program.audit.
M. CharterD. For schoolsall shallaudits securereferred insuranceto forin liabilitysubsections andA, propertyB loss. and TheC governingof bodythis ofsection, athe charterindependent schoolcertified thatpublic isaccountant sponsoredshall bysubmit thea stateuniform boardsystem of educationfinancial orrecords thecompliance statequestionnaire boardto forthe charterauditor schoolsgeneral maywith enterthe intoapplicable anaudit intergovernmentalreports. The agreementindependent orcertified otherwisepublic contractaccountant toschool participatedistrict inor ancharter insuranceschool programshall offeredalso bysend a riskpaper retentioncopy poolor establishedelectronic pursuantcopy toof sectionthe 11‑952.01applicable oraudit 41‑621.01reports orto the chartercounty school maysuperintendent secureof itsthe owncounty insurancewhere coverage. Thethe poolschool maydistrict chargeis located and the requestingdepartment charterof schooleducation. reasonableThe feesdepartment forof anyeducation servicesshall itmake performsthe inaudit connectionreports withavailable on the insurancedepartment's program.website.
N. CharterE. Contracts schoolsfor doall notfinancial haveand compliance audits and financial statement audits and the authoritycompleted toaudits acquireshall propertybe approved by eminentthe domain.auditor general as provided in section 41‑1279.21. Contracts for all financial and compliance audits and financial statement audits shall comply with the rules for competitive sealed proposals as prescribed by the state board of education in section 15‑213.
O. AF. If sponsor,the includingschool members,district officersor charter school will incur costs of financial and employeescompliance audits for the budget year, the governing board of the sponsor,school isdistrict immuneor fromthe personalgoverning liabilitybody of the charter school may increase its base support level for allthe actsbudget doneyear by an amount equal to the amount expended for the district's or charter school's financial and actionscompliance takenaudits in goodthe faithyear withinbefore the scopecurrent year, increased by the growth rate as prescribed by law, subject to appropriation. In determining the amount expended for the district's or charter school's financial and compliance audits, the school district or charter school shall include only the portion of itsthe authority.audit that must be paid from monies other than federal monies. The department of education and the auditor general shall prescribe a method for determining the increase in the base support level and shall include in the maintenance and operation section of the budget format, as provided in section 15‑903, a separate line for financial and compliance audits expenditures.
P. CharterG. Every schoolaudit sponsorscontract andshall include a systematic review of average daily membership, as defined in section 15‑901, using methodology that is consistent with guidelines established by the auditor general. The auditor general shall consider cost when establishing guidelines pursuant to this statesubsection areand, notto liablethe forextent possible, shall attempt to minimize the debtscost orof financialthe obligationsreview. The purpose of athe review is to determine whether the average daily membership reported by the charter school or personsschool whodistrict operateis in compliance complies with the laws of this state and the uniform systems of financial records for charter schools.schools and school districts.
Q. TheH. A sponsor of a charter school shalldistrict establishgoverning proceduresboard toor conduct administrative hearings on determination by the sponsor that grounds exist to revoke a charter. charter Proceduresschool forgoverning administrativebody hearings shall bepublicly similaraccept toall proceduresAUDITS prescribed for adjudicative proceedings in title 41, chapter 6, article 10. Except as provided in section 41‑1092.08, subsection H, final decisions of the state board of education and theCOMPLIANCE stateQUESTIONNAIRES boardby forroll chartercall schoolsvote. from hearings conducted pursuant to this subsection are subject to judicial review pursuant to title 12, chapter 7, article 6.
R. TheEND_STATUTE sponsoring entity of a charter school shall have oversight and administrative responsibility for the charter schools that it sponsors. In implementing its oversight and administrative responsibilities, the sponsor shall ground its actions in evidence of the charter holder's performance in accordance with the performance framework adopted by the sponsor. The performance framework shall be publicly available, shall be placed on the sponsoring entity's website and shall include:
1. The academic performance expectations of the charter school and the measurement of sufficient progress toward the academic performance expectations.
2. The operational expectations of the charter school, including adherence to all applicable laws and obligations of the charter contract.
3. The financial expectations of the charter school.
4. Intervention and improvement policies.
S. Charter schools may pledge, assign or encumber their assets to be used as collateral for loans or extensions of credit.
T. All property accumulated by a charter school shall remain the property of the charter school.
U. Charter schools may not locate a school on property that is less than one‑fourth mile from agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the charter school may locate a school within the affected buffer zone. The agreement may include any stipulations regarding the charter school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.
V. A transfer of a charter to another sponsor, a transfer of a charter school site to another sponsor or a transfer of a charter school site to a different charter shall be completed before the beginning of the fiscal year that the transfer is scheduled to become effective. An entity that sponsors charter schools may accept a transferring school after the beginning of the fiscal year if the transfer is approved by the superintendent of public instruction. The superintendent of public instruction shall have the discretion to consider each transfer during the fiscal year on a case‑by‑case basis. A charter holder seeking to transfer sponsors shall comply with the current charter terms regarding assignment of the charter. A charter holder transferring sponsors shall notify the current sponsor that the transfer has been approved by the new sponsor.
W. Notwithstanding subsection V of this section, a charter holder on an improvement plan must notify parents or guardians of registered students of the intent to transfer the charter and the timing of the proposed transfer. On the approved transfer, the new sponsor shall enforce the improvement plan but may modify the plan based on performance.
X. Notwithstanding subsection Y of this section, the state board for charter schools shall charge a processing fee to any charter school that amends its contract to participate in Arizona online instruction pursuant to section 15‑808. The charter Arizona online instruction processing fund is established consisting of fees collected and administered by the state board for charter schools. The state board for charter schools shall use monies in the fund only for the processing of contract amendments for charter schools participating in Arizona online instruction. Monies in the fund are continuously appropriated.
Y. The sponsoring entity may not charge any fees to a charter school that it sponsors unless the sponsor has provided services to the charter school and the fees represent the full value of those services provided by the sponsor. On request, the value of the services provided by the sponsor to the charter school shall be demonstrated to the department of education.
Z. Charter schools may enter into an intergovernmental agreement with a presiding judge of the juvenile court to implement a law‑related education program as defined in section 15‑154. The presiding judge of the juvenile court may assign juvenile probation officers to participate in a law‑related education program in any charter school in the county. The cost of juvenile probation officers who participate in the program implemented pursuant to this subsection shall be funded by the charter school.
AA. The sponsor of a charter school shall modify previously approved curriculum requirements for a charter school that wishes to participate in the board examination system prescribed in chapter 7, article 6 of this title.
BB. If a charter school decides not to participate in the board examination system prescribed in chapter 7, article 6 of this title, pupils enrolled at that charter school may earn a Grand Canyon diploma by obtaining a passing score on the same board examinations.
CC. Notwithstanding subsection Y of this section, a sponsor of charter schools may charge a new charter application processing fee to any applicant.
The application fee shall fully cover the cost of application review and any needed technical assistance. Authorizers may approve policies that allow a portion of the fee to be returned to the applicant whose charter is approved.
DD. A charter school may choose to provide a preschool program for children with disabilities pursuant to section 15‑771.
EE. Pursuant to the prescribed graduation requirements adopted by the state board of education, the governing body of a charter school operating a high school may approve a rigorous computer science course that would fulfill a mathematics course required for graduation from high school. The governing body may approve a rigorous computer science course only if the rigorous computer science course includes significant mathematics content and the governing body determines the high school where the rigorous computer science course is offered has sufficient capacity, infrastructure and qualified staff, including competent teachers of computer science.
FF. A charter school may permit the use of school property, including school buildings, grounds, buses and equipment, by any person, group or organization for any lawful purpose, including a recreational, educational, political, economic, artistic, moral, scientific, social, religious or other civic or governmental purpose. The charter school may charge a reasonable fee for the use of the school property.
GG. A charter school and its employees, including the governing body, or chief administrative officer, are immune from civil liability with respect to all decisions made and actions taken to allow the use of school property, unless the charter school or its employees are guilty of gross negligence or intentional misconduct. This subsection does not limit any other immunity provisions that are prescribed by law.
HH. Sponsors authorized pursuant to this section shall submit an annual report to the auditor general on or before October 1. The report shall include:
1. The current number of charters authorized and the number of schools operated by authorized charter holders.
2. The academic, operational and financial performance of the sponsor's charter portfolio as measured by the sponsor's adopted performance framework.
3. For the prior year, the number of new charters approved, the number of charter schools closed and the reason for the closure.
4. The sponsor's application, amendment, renewal and revocation processes, charter contract template and current performance framework as required by this section.
II. The auditor general shall prescribe the format for the annual report required by subsection HH of this section and may require that the annual report be submitted electronically. The auditor general shall review the submitted annual reports to ensure that the reports include the required items in subsection HH of this section and shall make the annual reports available on request. If the auditor general finds significant noncompliance or if a sponsor fails to submit the annual report required by subsection HH of this section, on or before December 31 of each year the auditor general shall report to the governor, the president of the senate, the speaker of the house of representatives and the chairs of the senate and house education committees or their successor committees, and the legislature shall consider revoking the sponsor's authority to sponsor charter schools.END_STATUTE" Renumber to conform Amend title to conform AARON LIEBERMAN 2106LIEBERMAN 01/31/2020 09:50 AM H:
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Action History
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DP
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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House Placed on Consent Calendar
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House Second Reading
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House First Reading.
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Prefiled.
Sponsors
- Michelle Udall · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 44 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 60 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (60)
Subjects
Frequently asked questions
- Who sponsors HB 2106?
- HB 2106 is sponsored by Michelle Udall.
- What is the current status of HB 2106?
- This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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