Arizona Fifty-fifth Legislature - Second Regular Session Status: Enacted

HB 2124 — common school districts; tuition; elimination

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 18, 2022. Enacted.

Prognosis

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    3 passed, 3 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1022 added · 1130 removed

Plain-language change summary

The bill now includes a new chapter indicating that it has been officially approved by the governor and filed with the Secretary of State on June 8, 2022. This change highlights the formal completion of the legislative process, ensuring transparency and clarity about when the bill became law. Understanding these details is important for tracking the timeline of legislative actions and how they might affect future regulations.

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House Engrossed common school districts;
Senate Engrossed House Bill common school districts;
elimination State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2124 AN ACT AMENDING SECTION 15-448, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2020, CHAPTER 14, SECTION 2;
elimination (now:
AMENDING SECTIONS 15-823, 15-824, 15-825, 15-910, 15-947 AND 15-951, ARIZONA REVISED STATUTES;
school districts;
AMENDING SECTION 15-951, AS AMENDED BY THIS ACT;
tuition;
AMENDING SECTIONS 15-971 AND 15-992, ARIZONA REVISED STATUTES;
expenditures) State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session CHAPTER 285 HOUSE BILL 2124 AN ACT AMENDING SECTION 15-448, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2020, CHAPTER 14, SECTION 2;
AMENDING SECTIONS 15-824, 15-910, 15-943.01, 15-947 AND 15-951, ARIZONA REVISED STATUTES;
REPEALING SECTION 15-951, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT;
AMENDING SECTIONS 15-961, 15-971, 15-974 AND 15-992, ARIZONA REVISED STATUTES;
4.
- 1 - H.B.
A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by - 1 - H.B.
2124 4.
2124 section 42-12001, paragraphs 12 and 13 for the current year in the school district.
A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13 for the current year in the school district.
The unified school district shall charge the remaining common school district tuition for these pupils as provided in subsection J of this section.
The unified school district shall charge the remaining - 2 - H.B.
The - 2 - H.B.
2124 common school district tuition for these pupils as provided in subsection J of this section.
2124 unified school district may budget for unification assistance pursuant to section 15-912.01.
The unified school district may budget for unification assistance pursuant to section 15-912.01.
Notwithstanding section 15-951, subsection F, The revenue control limit of the common school district shall include the full amount of the debt service portion of the tuition calculated pursuant to this subsection.
Notwithstanding section 15-951, subsection F, the revenue control limit of the common school district shall include the full amount of the debt service portion of the tuition calculated pursuant to this subsection.
FOR THE PURPOSES OF DETERMINING STUDENT COUNT AND FOR APPORTIONMENT OF STATE AID, THE SCHOOL MEMBERSHIP OF THESE PUPILS IS DEEMED TO BE ENROLLMENT IN THE UNIFIED SCHOOL DISTRICT.
M.
The bonding authorization and bonding limitations continue for the remaining common school district or districts in the same manner as before the formation of the unified school district.
2124 N.
2124 M.
The bonding authorization and bonding limitations continue for the remaining common school district or districts in the same manner as before the formation of the unified school district.
N.
Section 15-823, Arizona Revised Statutes, is amended to read:
15-823.
Admission;
residents of other school districts;
nonresidents of this state;
tuition A.
Except as provided in subsections B, C, D, E, F, G and H of this section, children of nonresidents of this state may be admitted on payment of a reasonable tuition fixed by the governing board.
B.
The governing board shall admit children of nonresident teaching and research faculty of community college districts and state universities - 5 - H.B.
2124 and children of nonresident graduate or undergraduate students of community college districts and state universities whose parent's presence at the district or university is of international, national, state or local benefit without payment of tuition.
C.
The governing board shall admit children who are residents of the United States but who are nonresidents of this state without payment of tuition if evidence indicates that the child's physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
D.
The governing board may admit nonresident foreign students who are in exchange programs without payment of tuition or as it may otherwise prescribe.
E.
Notwithstanding subsection D of this section, beginning in the 2016-2017 school year the governing board may admit the same number of nonresident foreign students who are in exchange programs and who are recipients of a J-1 visa pursuant to federal law, that is equal to the number of resident students enrolled in that local education agency who are currently participating in a foreign exchange program, as determined by the department, without the payment of tuition.
F.
The governing board may admit children who are residents of the United States without payment of tuition if evidence indicates that because the parents are homeless or the child is abandoned, as defined in section 8-201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
G.
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The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1.
The child is a member of a federally recognized Indian tribe.
2.
The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member.
3.
The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States.
4.
The governing board enters into an intergovernmental agreement with the governing board of the school district in another state in which the nonresident child resides.
The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the - 6 - H.B.
2124 number of resident children that are admitted by the governing board in another state.
H.
The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1.
The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
2.
The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on behalf of the child's parent or legal guardian in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.
I.
The governing board shall charge reasonable tuition for the number of nonresident pupils who reside in another state and who are admitted by a governing board in this state pursuant to subsection G of this section that exceeds the number of resident pupils from this state who are admitted into a school district by the other state.
J.
The governing board of a school district shall pay reasonable tuition for the number of resident pupils who reside in that school district and who are admitted by a school district in another state pursuant to subsection G of this section that exceeds the number of nonresident pupils from that other state who are admitted by the governing board into that school district in this state.
K.
Children admitted under this section shall be counted or not counted as resident pupils as prescribed in section 15-824, subsection D.
L.
K.
Except as provided in subsections E, AND H and K of this section, a school district or a charter school shall not include pupils who are not residents of this state in the district's or charter school's student count and shall not obtain state funding for those pupils.
Sec.
3.
1.
- 5 - H.B.
on the presentation of a certificate of educational convenience issued by the county school superintendent pursuant to section 15-825.
2124 1.
On the presentation of a certificate of educational convenience issued by the county school superintendent pursuant to section 15-825.
For three hundred fifty or fewer pupils, to a high school without the presentation of such a certificate, if the pupil is a resident of a common school district within this state that is not within a high school district and that does not offer instruction in the pupil's grade.
For three hundred fifty or fewer pupils, to a high school without the presentation of such a certificate OF EDUCATIONAL CONVENIENCE, if the pupil is a resident of a common school district within this state that is not within a high school district and that does not offer instruction in the pupil's grade.
The three hundred fifty or fewer pupil limitation prescribed in this - 7 - H.B.
The three hundred fifty or fewer pupil limitation prescribed in this paragraph does not apply to a small isolated school district as defined in section 15-901.
2124 paragraph does not apply to a small isolated school district as defined in section 15-901.
The school membership of such pupils is deemed, for the purpose of determining student count and for apportionment of state aid, to be enrollment in the school district of the pupil's residence.
The school membership of such pupils is deemed, for the purpose PURPOSES of determining student count AND PROVIDING A FREE AND APPROPRIATE PUBLIC EDUCATION PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20 UNITED STATES CODE CHAPTER 33) and for apportionment of state aid, to be enrollment in the school district of the pupil's residence ATTENDANCE.
3.
TO A HIGH SCHOOL WITHOUT THE PRESENTATION OF A CERTIFICATE OF EDUCATIONAL CONVENIENCE IF THE PUPIL IS A RESIDENT OF A TRANSPORTING SCHOOL DISTRICT THAT DOES NOT OFFER INSTRUCTION IN THE PUPIL'S GRADE.
TUITION SHALL BE CHARGED AS PRESCRIBED IN SUBSECTION E OF THIS SECTION FOR EACH PUPIL WHO IS ADMITTED PURSUANT TO THIS PARAGRAPH.
FOR THE PURPOSES OF DETERMINING STUDENT COUNT AND FOR APPORTIONMENT OF STATE AID, THE SCHOOL MEMBERSHIP OF THESE PUPILS IS DEEMED TO BE ENROLLMENT IN THE SCHOOL DISTRICT OF THE PUPIL'S RESIDENCE.
The school enrollment of a pupil who is a resident of this state or who is admitted to a school district under section 15-823, subsection B, C, E, F or H is deemed, for the purpose of determining student count and for apportionment of state aid, to be enrollment in the school district of actual attendance, except as provided in section 15-825, subsection A, paragraph 1 and subsection A, paragraph 2 of this section and except for pupils for whom the superintendent of public instruction is charged tuition pursuant to section 15-825, subsections B and D and section 15-976 or for whom another school district is charged tuition as provided in subsections E and G of this section.
The school enrollment of a pupil who is a resident of this state or who is admitted to a school district under section 15-823, subsection B, C, E, F or H is deemed, for the purpose of determining student count - 6 - H.B.
2124 and for apportionment of state aid, to be enrollment in the school district of actual attendance, except as provided in section 15-825, subsection A, paragraph 1 and subsection A, paragraph 2 3 of this section and except for pupils for whom the superintendent of public instruction is charged tuition pursuant to section 15-825, subsections B and D and section 15-976 or for whom another school district is charged tuition as provided in subsections E and G of this section.
The number of high school pupils for which tuition may be charged to a common school district that is not within a high school district is equal to the average daily membership in the district of attendance from the common school district for the prior fiscal year, except that for the first year in which a common school district not within a high school district stops teaching high school subjects, the district of attendance may charge tuition for the number of pupils that is - 8 - H.B.
The number of high school pupils for which tuition may be charged to a common TRANSPORTING school district that is not within a high school district is equal to the average daily membership in the district of attendance from the common TRANSPORTING school district for the prior fiscal year, except that for the first year in which a common school district not within a high school district stops teaching high school subjects, the district of attendance may charge tuition for the number of pupils that is equal to the average daily membership for high school pupils in the common school district for the prior fiscal year.
2124 equal to the average daily membership for high school pupils in the common school district for the prior fiscal year.
This number may be adjusted if the common TRANSPORTING school district increases its revenue control limit and district support level.
This number may be adjusted if the common school district increases its revenue control limit and district support level.
1.
2.
Notwithstanding paragraph 2 of this subsection and subsection G of this section, if two school districts enter into a voluntary agreement for the payment of tuition, the agreement shall specify the method for computing the tuition amount and the timing of the payments.
Notwithstanding paragraph 2 1 of this subsection and subsection G of this section, if two school districts enter into a voluntary agreement for the payment of tuition, the agreement shall specify the method for computing the tuition amount and the timing of the payments.
If two school districts enter into an agreement and choose to renew the agreement, each renewal shall not be longer than five consecutive years.
If two school - 7 - H.B.
2124 districts enter into an agreement and choose to renew the agreement, each renewal shall not be longer than five consecutive years.
3.
The superintendent shall determine if the additional costs will be paid, and if the costs are paid, - 9 - H.B.
The superintendent shall determine if the additional costs will be paid, and if the costs are paid, whether the additional costs will be paid by the state or the resident district.
2124 whether the additional costs will be paid by the state or the resident district.
4.
5.
The amount received representing contributions to debt service as provided in subsection G, paragraph 1, subdivisions SUBDIVISION (c) and (d) of this section shall be applied to the debt service fund of the school district if there is one.
The amount received representing contributions to debt service as provided in subsection G, paragraph 1, subdivisions (c) and (d) of this section shall be applied to the debt service fund of the school district if there is one.
(b) The actual school district expenditures for the capital outlay section of the budget as provided in sections 15-903 and 15-905 excluding expenditures for transportation equipment and buildings if no transportation is provided and expenditures for the acquisition of building sites, divided by the school district's student count for the common or high school portion of the school district, whichever is applicable.
(b) The actual school district expenditures for the capital outlay section of the budget as provided in sections 15-903 and 15-905 excluding - 8 - H.B.
2124 expenditures for transportation equipment and buildings if no transportation is provided and expenditures for the acquisition of building sites, divided by the school district's student count for the common or high school portion of the school district, whichever is applicable.
(i) Seven hundred fifty dollars $750 if the pupil's school district of residence pays tuition for seven hundred fifty or fewer pupils to other school districts or one hundred fifty dollars $150 if the state pays - 10 - H.B.
(i) Seven hundred fifty dollars if the pupil's school district of residence pays tuition for seven hundred fifty or fewer pupils to other school districts or one hundred fifty dollars if the state pays tuition for seven hundred fifty or fewer pupils to a school district pursuant to section 15-825, subsection D or section 15-976.
2124 tuition for seven hundred fifty or fewer pupils to a school district pursuant to section 15-825, subsection D or section 15-976.
(ii) Eight hundred dollars if the pupil's school district of residence pays tuition for one thousand or fewer, but more than seven hundred fifty, pupils to other school districts or two hundred dollars if the state pays tuition for one thousand or fewer, but more than seven hundred fifty, pupils to a school district pursuant to section 15-825, subsection D or section 15-976.
(ii) Eight hundred dollars $800 if the pupil's school district of residence pays tuition for one thousand or fewer, but more than seven hundred fifty, pupils to other school districts or two hundred dollars $200 if the state pays tuition for one thousand or fewer, but more than seven hundred fifty, pupils to a school district pursuant to section 15-825, subsection D or section 15-976.
4.
Section 15-825, Arizona Revised Statutes, is amended to read:
15-825.
Certificate of educational convenience;
issuance;
effect on enrollment records A.
A pupil who is precluded by distance or lack of adequate transportation facilities from attending a school in the school district or county of the pupil's residence or who resides in unorganized territory may apply to the county school superintendent for a certificate of educational convenience.
If it appears to the county school superintendent that it is not feasible for the pupil to attend a school in the school district or county of residence, the county school superintendent shall issue a certificate authorizing the pupil to attend a school in an adjoining school district or county, whether within or without this state.
If a certificate of educational convenience is issued as provided in this subsection, the school enrollment of a pupil is as follows:
1.
The school enrollment of a pupil who is precluded from attending a school in this state and who must attend school in another state, when certified to the county school superintendent by the official in charge of the school attended, is deemed for the purpose of determining student count to be enrollment in the school of the county or school district of the student's residence.
2.
The school enrollment of a pupil from unorganized territory or from another school district is deemed for the purpose of determining student count to be enrollment in the school district of actual attendance.
- 11 - H.B.
2124 B.
The county school superintendent of any county in which a pupil is placed as described in this subsection shall issue a certificate of educational convenience for the pupil to attend school in the school district or adjoining school district to that in which the pupil is placed by an agency of this state or a state or federal court of competent jurisdiction in one of the following:
1.
A state rehabilitation or corrective institution.
2.
A foster home or child care agency or institution which THAT is licensed and supervised by the department of child safety or the department of health services.
A residential facility THAT IS operated or supported by the department of economic security or the department of health services.
4.
Under the supervision of the department of juvenile corrections, in a residence pursuant to the interstate compact on juveniles.
Notwithstanding section 41-1959, the placing agency, department or institution shall provide the school district of attendance with the necessary information to enable the district to obtain a certificate of educational convenience pursuant to this subsection.
C.
A pupil attending school under a certificate of educational convenience issued pursuant to subsection B of this section is deemed for the purpose of determining student count to be enrolled in the school district of attendance.
The county school superintendent of any county shall not issue a certificate of educational convenience as provided in subsection B of this section if the pupil is placed in the same district of the pupil's parents' or legal guardians' residence or if the pupil is placed without a court order and the pupil's parents or legal guardians are not residents of this state.
D.
If a certificate of educational convenience is issued as provided in subsection B of this section, or for a pupil whose parent or guardian is employed and domiciled by a state institution as prescribed by section 15-976, tuition may be charged as follows:
1.
For group B children with disabilities:
(a) Who are from unorganized territory, whose parent or guardian is employed by a state institution as prescribed by section 15-976 or who have been issued a certificate of educational convenience pursuant to subsection B of this section, the superintendent of public instruction shall reimburse the district of attendance for the excess costs as provided in section 15-824, subsection E, paragraph 4 3.
(b) Who are from another school district, the school district of residence shall reimburse the district of attendance for the excess costs as provided in section 15-824, subsection E, paragraph 4 3.
2.
For pupils who are precluded from attending a school in this state and who must attend a school in another state:
- 12 - H.B.
2124 (a) If the pupil resides in a school district in this state, the district of residence shall pay the amount charged by the district of attendance.
(b) If the pupil resides in unorganized territory, the superintendent of public instruction shall pay the amount charged by the district of attendance.
E.
The county school superintendent who issues a certificate of educational convenience shall notify the superintendent of public instruction of the issuance of the certificate.
The superintendent of public instruction shall draw a warrant in favor of the school district of actual attendance for the amount charged, whether for common or high school attendance, as provided in section 15-824.
F.
The total amount of state monies that may be spent in any fiscal year by the superintendent of public instruction for certificates of educational convenience shall not exceed the amount appropriated or authorized by section 35-173 for that purpose.
This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
Sec.
5.
The department of education and the auditor general shall include in the maintenance and operation section of the budget format, as provided in section 15-903, a separate line for utility expenditures and a special excess utility cost category.
The department of education and the auditor general - 9 - H.B.
2124 shall include in the maintenance and operation section of the budget format, as provided in section 15-903, a separate line for utility expenditures and a special excess utility cost category.
Multiply the amount in paragraph 1 of this subsection by the total percentage increase or decrease in the revenue control limit and the - 13 - H.B.
Multiply the amount in paragraph 1 of this subsection by the total percentage increase or decrease in the revenue control limit and the capital outlay revenue limit for the budget year over the revenue control limit and the capital outlay revenue limit for fiscal year 1984-1985 excluding monies available from a teacher compensation program provided for in section 15-952.
2124 capital outlay revenue limit for the budget year over the revenue control limit and the capital outlay revenue limit for fiscal year 1984-1985 excluding monies available from a teacher compensation program provided for in section 15-952.
The governing board may budget for expenses of complying with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination that are specifically exempt in whole or in part from the revenue control limit and district additional assistance.
The governing board may budget for expenses of complying with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination that are specifically - 10 - H.B.
2124 exempt in whole or in part from the revenue control limit and district additional assistance.
If a district is levying a property tax on February 23, 2006 and using those monies to administer an English language learner program to remedy alleged or proven discrimination under title VI of the civil rights act of 1964 (42 United States Code section 2000d), the district may spend those monies to remedy a violation of the equal - 14 - H.B.
If a district is levying a property tax on February 23, 2006 and using those monies to administer an English language learner program to remedy alleged or proven discrimination under title VI of the civil rights act of 1964 (42 United States Code section 2000d), the district may spend those monies to remedy a violation of the equal educational opportunities act of 1974 (20 United States Code section 1703(f)).
2124 educational opportunities act of 1974 (20 United States Code section 1703(f)).
2.
- 11 - H.B.
Shall prepare as a part of the annual financial report a detailed report of expenditures incurred solely as a result of compliance with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, in a format - 15 - H.B.
2124 2.
2124 prescribed by the auditor general in conjunction with the Arizona department of education as provided by section 15-904.
Shall prepare as a part of the annual financial report a detailed report of expenditures incurred solely as a result of compliance with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, in a format prescribed by the auditor general in conjunction with the Arizona department of education as provided by section 15-904.
This information shall contain the eligibility and attendance criteria of each magnet type program, the capacity of each magnet type program, the ethnic composition goals of each magnet type program, the actual attending ethnic composition of each magnet type program and the specific activities offered in each magnet type program.
This information shall contain the eligibility and attendance criteria of each magnet type program, the capacity of each magnet type - 12 - H.B.
- 16 - H.B.
2124 program, the ethnic composition goals of each magnet type program, the actual attending ethnic composition of each magnet type program and the specific activities offered in each magnet type program.
2124 (f) The number of pupils who participate in desegregation activities on a district-wide basis and on a school-by-school basis for each school in the school district.
(f) The number of pupils who participate in desegregation activities on a district-wide basis and on a school-by-school basis for each school in the school district.
(s) Any other information that the Arizona department of education deems necessary to carry out the purposes of this paragraph.
- 13 - H.B.
2124 (s) Any other information that the Arizona department of education deems necessary to carry out the purposes of this paragraph.
If a school district governing board budgets for expenses of complying with a court order of desegregation or an administrative - 17 - H.B.
If a school district governing board budgets for expenses of complying with a court order of desegregation or an administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, the governing board shall ensure that the desegregation expenses will:
2124 agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, the governing board shall ensure that the desegregation expenses will:
The bond issues portion of the cost of tuition charged is specifically exempt from the revenue control limit of the school district of residence, and the primary property tax rate set to fund this amount shall not be included in the computation of additional state aid for education as provided in section 15-972, except as provided in section - 18 - H.B.
The bond issues portion of the cost of tuition charged is specifically exempt from the revenue control limit of the school district - 14 - H.B.
2124 15-972, subsection E.
2124 of residence, and the primary property tax rate set to fund this amount shall not be included in the computation of additional state aid for education as provided in section 15-972, except as provided in section 15-972, subsection E.
6.
4.
Section 15-943.01, Arizona Revised Statutes, is amended to read:
15-943.01.
Maintenance and operation budget balance;
definition A.
The governing board of a school district may budget any budget balance in the maintenance and operation section of the budget, as provided in section 15-903, from the current fiscal year for use in the maintenance and operation section of the budget in the budget year.
The amount that may be budgeted as the budget balance carryforward in any one fiscal year shall not include any budget balance attributable to any reduction in the district's general budget limit, including reductions for items that are exempt from the revenue control limit and for which expenditures are limited to a designated purpose such as monies levied pursuant to section 15-910, subsection G or for the bond issues portion of the cost of tuition.
The amount budgeted as the budget balance carryforward is specifically exempt from the revenue control limit.
B.
If the actual amount of the allowable budget balance carryforward is less than the amount budgeted for the budget balance carryforward, the governing board shall adjust the general budget limit and expenditures before May 15 based on the actual allowable budget balance carryforward.
If the actual amount of the allowable budget balance carryforward is more than the amount budgeted for the budget - 15 - H.B.
2124 balance carryforward, the governing board may adjust its budget before May 15 based on the actual amount of the allowable fund balance carryforward.
Not later than May 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.
C.
If the governing board is eligible to budget for a budget balance carryforward as provided in subsection A of this section, the governing board may transfer an amount from the district's ending cash balance of the maintenance and operations fund to the school opening fund.
The school opening fund is a cash controlled fund as provided in section 15-905, subsection N, and may only be expended SPENT ONLY for the additional maintenance and operations expenses incurred in the first year of operation of a new school within the school district.
The monies in the school opening fund are not subject to reversion, except that at the end of five years of no activity in the fund, any remaining monies shall be reverted REVERT to the maintenance and operations fund.
Any monies so reverted may be considered additional budget balance for that fiscal year.
D.
If a governing board transfers monies as provided in subsection C of this section, the amount so transferred in a fiscal year shall be subtracted from the amount the district would otherwise be eligible to budget for that fiscal year as provided in subsection A of this section.
The difference, if any, is the maximum amount that may be budgeted for that fiscal year as a budget balance carryforward.
E.
For the purposes of this section, "budget balance" means the difference between actual and budgeted expenditures.
Sec.
5.
The maintenance and operations portion of the revenue control limit for the budget year, EXCLUDING THE AMOUNT CALCULATED PURSUANT TO SECTION 15-951, SUBSECTION A, PARAGRAPH 2.
The maintenance and operations portion of the revenue control limit for the budget year.
(ii) Tuition revenues for attendance of nonresident pupils.
- 16 - H.B.
- 19 - H.B.
2124 (ii) Tuition revenues for attendance of nonresident pupils.
2124 (iii) State assistance as provided in section 15-976.
(iii) State assistance as provided in section 15-976.
(f) Interest on registered warrants or tax anticipation notes as provided in section 15-910.
(f) (e) Interest on registered warrants or tax anticipation notes as provided in section 15-910.
(g) Amounts budgeted for a jointly owned and operated career and technical education and vocational education center as provided in section 15-910.01.
(g) (f) Amounts budgeted for a jointly owned and operated career and technical education and vocational education center as provided in section 15-910.01.
- 20 - H.B.
- 17 - H.B.
7.
6.
- 21 - H.B.
- 18 - H.B.
- 22 - H.B.
- 19 - H.B.
7.
Delayed repeal Section 15-951, Arizona Revised Statutes, as amended by this act, is repealed from and after June 30, 2023.
Sec.
Section 15-951, Arizona Revised Statutes, as amended by section 7 of this act, is amended to read:
Section 15-961, Arizona Revised Statutes, is amended to read:
15-951.
15-961.
District additional assistance, district support level and student count for a common school district not within a high school district A.
District additional assistance;
Notwithstanding section 15-947, the revenue control limit for a common school district not within a high school district is the sum of the following:
growth rate A.
District additional assistance per student count is established as follows:
The base revenue control limit computed as prescribed in section 15-944 but excluding pupils admitted to another school district as provided in section 15-824, subsection A, paragraph 2.
For school districts with a student count of less than one hundred for kindergarten programs and grades one through eight, five hundred forty-four dollars fifty-eight cents $544.58.
For school districts with a student count of one hundred or more and less than six hundred for kindergarten programs and grades one through eight, multiply three hundred eighty-nine dollars twenty-five cents $389.25 by the weight that corresponds to the student count for kindergarten programs and grades one through eight for the school district as provided in section 15-943, paragraph 1, subdivision (a), column 3.
For a school district with a student count of six hundred or more in kindergarten programs and grades one through eight, the limit is four hundred fifty dollars seventy-six cents $450.76.
The tuition payable EQUALIZATION BASE for high school pupils who attend school in another school district, as provided in section 15-824, subsection A, paragraph 2, including any transportation charge, except as provided in subsection F of this section WHICH SHALL BE DETERMINED BY MULTIPLYING THE COUNTYWIDE AVERAGE PER PUPIL EQUALIZATION BASE FOR HIGH SCHOOL PUPILS BY THE NUMBER OF RESIDENT HIGH SCHOOL PUPILS IN THE COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT DURING THE PRIOR SCHOOL YEAR.
For school districts with a student count of less than one hundred for grades nine through twelve, six hundred one dollars twenty-four cents $601.24.
For school districts with a student count of one hundred or more and less than six hundred for grades nine through twelve, multiply four hundred five dollars fifty-nine cents $405.59 by the weight that corresponds to the student count for grades nine through twelve for the school district as provided in section 15-943, paragraph 1, subdivision (b), column 3.
For a school district with a student count of six hundred or more in grades nine through twelve, the limit is four hundred ninety-two dollars ninety-four cents $492.94.
The transportation revenue control limit for all pupils who reside in the district except those high school pupils transported by another district.
For programs for preschool children with disabilities, four hundred fifty dollars seventy-six cents $450.76.
Notwithstanding subsection A of this section, for the purposes of sections 15-481, 15-482 and 15-1102, the revenue control limit for a common school district not within a high school district is the sum of the following:
District additional assistance for a school district shall be computed as follows:
The base revenue control limit for pupils computed as prescribed in section 15-944 but excluding pupils admitted to another school district as provided in section 15-824, subsection A, paragraph 2.
Select the applicable district additional assistance per student count for the school district.
The transportation revenue control limit for all pupils who reside in the district except those high school pupils transported by another district.
Multiply the amount or amounts selected in paragraph 1 of this subsection by the appropriate student count of the school district.
3.
If a school district's student count used for the budget year is greater than one hundred five percent of the student count used for the - 20 - H.B.
2124 current year's budget, increase the adjusted district additional assistance determined in paragraph 2 of this subsection by fifty percent of the actual percentage increase in the school district's student count.
Notwithstanding section 15-961, district additional assistance for a common school district not within a high school district is district additional assistance as prescribed in section 15-961 but excluding pupils who are admitted to another school district as provided in section 15-824, subsection A, paragraph 2, except that if the school district transports high school pupils, the district additional assistance amount prescribed in section 15-961 shall be increased by an amount equal to fifty percent - 23 - H.B.
An amount for the purchase of required textbooks and related printed subject matter materials shall be used to increase the district additional assistance for a school district as determined in subsection B, paragraph 2 or 3 of this section, whichever is applicable.
2124 of the district additional assistance per pupil amount prescribed for the school district pursuant to section 15-961 multiplied by the number of high school pupils transported.
This amount shall equal the student count in grades nine through twelve multiplied by sixty-nine dollars sixty-eight cents $69.68.
C.
NOTWITHSTANDING SUBSECTIONS A, B AND C OF THIS SECTION, DISTRICT ADDITIONAL ASSISTANCE FOR A COMMON SCHOOL DISTRICT THAT IS NOT WITHIN A HIGH SCHOOL DISTRICT OR FOR A TRANSPORTING SCHOOL DISTRICT IS DISTRICT ADDITIONAL ASSISTANCE AS PRESCRIBED IN THIS SECTION BUT EXCLUDING PUPILS WHO ARE ADMITTED TO ANOTHER SCHOOL DISTRICT AS PROVIDED IN SECTION 15-824, SUBSECTION A, PARAGRAPH 2 OR 3, EXCEPT THAT IF THE SCHOOL DISTRICT TRANSPORTS HIGH SCHOOL PUPILS, THE DISTRICT ADDITIONAL ASSISTANCE AMOUNT PRESCRIBED IN THIS SECTION SHALL BE INCREASED BY AN AMOUNT EQUAL TO FIFTY PERCENT OF THE DISTRICT ADDITIONAL ASSISTANCE PER PUPIL AMOUNT PRESCRIBED FOR THE SCHOOL DISTRICT PURSUANT TO THIS SECTION MULTIPLIED BY THE NUMBER OF HIGH SCHOOL PUPILS TRANSPORTED.
Notwithstanding section 15-947, the district support level for a common school district not within a high school district is the sum of the following:
1.
The base support level computed as prescribed in section 15-943 but excluding pupils who are admitted to another school district as provided in section 15-824, subsection A, paragraph 2.
2.
The tuition payable EQUALIZATION BASE for high school pupils who are admitted to another school district, as provided in section 15-824, subsection A, paragraph 2, including any transportation charge, except as provided in subsection F of this section WHICH SHALL BE DETERMINED BY MULTIPLYING THE COUNTYWIDE AVERAGE PER PUPIL EQUALIZATION BASE FOR HIGH SCHOOL PUPILS BY THE NUMBER OF RESIDENT HIGH SCHOOL PUPILS IN THE COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT DURING THE PRIOR SCHOOL YEAR.
3.
The transportation support level for all pupils who reside in the school district except those high school pupils transported by another school district.
E.
For the purpose of determining eligibility to increase the revenue control limit and district support level, the student count for a common school district not within a high school district is the student count for pupils in kindergarten programs and grades one through twelve, including pupils enrolled in another school district as provided in section 15-824, subsection A, paragraph 2.
F.
The tuition amount in subsections A and D of this section shall not include amounts per student count for bond issues as prescribed by section 15-824, subsection G, paragraph 1, subdivision (c) in excess of the following:
1.
$150 if the pupil's school district of residence pays tuition for seven hundred fifty or fewer pupils to other school districts.
2.
$200 if the pupil's school district of residence pays tuition for one thousand or fewer, but more than seven hundred fifty pupils to other school districts.
3.
The actual cost per student count if the pupil's school district of residence pays tuition for more than one thousand pupils to other school districts.
G.
A common school district that is not within the boundaries of a high school district and that was authorized by the qualified electors to establish a unified school district with boundaries coterminous with the boundaries of the common school district may continue calculating its budget and equalization assistance pursuant to this section until a high school is built.
- 24 - H.B.
2124 H.
A newly formed unified school district that meets the requirements of subsection G of this section and that phases in instruction for pupils in grades nine through twelve may continue calculating its budget and equalization assistance pursuant to this section for a maximum of five years after the first year of the operation of the new high school in the newly formed unified school district.
I.
Notwithstanding any other law, a school district may retroactively adjust its budget for fiscal year 2020-2021 or 2021-2022 pursuant to subsection G or H of this section but may not retroactively adjust its budget for any other fiscal year pursuant to subsection G or H of this section.
(i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
- 21 - H.B.
2124 (i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
- 25 - H.B.
(b) For the purposes of the amounts determined in subsection A, paragraph 2 of this section, determine separately the amount of the district additional assistance attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
2124 (b) For the purposes of the amounts determined in subsection A, paragraph 2 of this section, determine separately the amount of the district additional assistance attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
5.
- 22 - H.B.
2124 5.
- 26 - H.B.
2.
2124 2.
Sec.
- 23 - H.B.
2124 Sec.
Section 15-974, Arizona Revised Statutes, is amended to read:
15-974.
Equalization assistance for education for accommodation schools A.
Equalization assistance for education for accommodation schools shall be paid from appropriations for that purpose to the school districts as provided in section 15-973.
B.
When an accommodation school has a positive total cash balance at the end of a fiscal year in its maintenance and operation fund, the county school superintendent of the county in which the accommodation school is located may authorize an addition to the accommodation school's revenue control limit as provided in section 15-947, subsection A for the following fiscal year.
The county school superintendent may not authorize an addition that exceeds the lesser of the ending cash balance less MINUS the amount budgeted for the budget balance carryforward as provided in section 15-943.01 or ten per cent PERCENT of the revenue control limit of the accommodation school and five per cent PERCENT of the revenue control limit pursuant to section 15-482, without the necessity of an election pursuant to section 15-481.
If an accommodation school has a cash balance in excess of the amount needed to fund the budget balance carryforward, AND the addition authorized pursuant to this subsection and the items listed in section 15-947, subsection C, paragraph 2, subdivision (e) for the following fiscal year, the remaining cash balance may be used for capital expenditures.
C.
Subsection B of this section shall DOES not apply to an accommodation school with a student count of one hundred twenty-five or less in kindergarten programs and grades one through eight or to an accommodation school which THAT offers instruction in grades GRADE nine, ten, eleven or twelve and which THAT has a student count of one hundred or less in grades nine through twelve.
Sec.
11.
A delinquency factor for - 27 - H.B.
A delinquency factor for estimated uncollected taxes may not be included in the computation of the primary tax rate for school district taxes.
2124 estimated uncollected taxes may not be included in the computation of the primary tax rate for school district taxes.
B.
- 24 - H.B.
2124 B.
EXCEPT AS PRESCRIBED IN SUBSECTION F OF THIS SECTION, monies collected pursuant to subsection B of this section shall be transmitted to the state treasurer for deposit in the state general fund to aid in school financial assistance.
Monies collected pursuant to subsection B of this section shall be transmitted to the state treasurer for deposit in the state general fund to aid in school financial assistance.
MONIES COLLECTED PURSUANT TO SECTION 15-951 FOR THE EQUALIZATION BASE FOR HIGH SCHOOL PUPILS WHO RESIDE IN A COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT AND WHO ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT SHALL BE ADDED TO COUNTY AID FOR EQUALIZATION ASSISTANCE PURSUANT TO SECTION 15-971, SUBSECTION C.
AT THE SAME TIME OF LEVYING TAXES AS PROVIDED IN SUBSECTION A OF THIS SECTION, THE COUNTY BOARD OF SUPERVISORS SHALL ANNUALLY LEVY AN ADDITIONAL TAX IN EACH COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT THAT IS EQUAL TO THE COUNTYWIDE AVERAGE PER PUPIL EQUALIZATION BASE FOR HIGH SCHOOL PUPILS MULTIPLIED BY THE NUMBER OF RESIDENT HIGH SCHOOL PUPILS IN THE COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT DURING THE PRIOR SCHOOL YEAR.
F.
THE MONIES COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE ADDED TO COUNTY AID FOR EQUALIZATION ASSISTANCE FOR EDUCATION PURSUANT TO SECTION 15-971, SUBSECTION C.
ON OR BEFORE JULY 1 OF EACH YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE EACH COUNTY BOARD OF SUPERVISORS WITH THE COUNTYWIDE AVERAGE PER PUPIL EQUALIZATION BASE FOR HIGH SCHOOL PUPILS, THE NUMBER OF RESIDENT HIGH SCHOOL PUPILS IN THE COMMON SCHOOL DISTRICT NOT WITHIN A HIGH SCHOOL DISTRICT DURING THE PRIOR SCHOOL YEAR AND ANY OTHER INFORMATION REQUESTED BY THE COUNTY BOARD OF SUPERVISORS FOR THE PURPOSES OF LEVYING THE TAX PRESCRIBED IN THIS SUBSECTION.
- 25 - H.B.
2124 F.
- 28 - H.B.
1.
2124 1.
Sec.
- 26 - H.B.
11.
2124 Sec.
12.
grants Notwithstanding section 15-774, Arizona Revised Statutes, in fiscal years 2023-2024, 2024-2025 and 2025-2026, the department of education shall accept and review requests for grant monies from the extraordinary - 29 - H.B.
grants Notwithstanding section 15-774, Arizona Revised Statutes, in fiscal years 2023-2024, 2024-2025 and 2025-2026, the department of education shall accept and review requests for grant monies from the extraordinary special education needs fund established by section 15-774, Arizona Revised Statutes, by school districts that offer high school services and that demonstrate a substantial and negative financial impact associated with accepting students with special education needs who previously had been paid through tuition and now are accepted via open enrollment.
2124 special education needs fund established by section 15-774, Arizona Revised Statutes, by school districts that offer high school services and that demonstrate a substantial and negative financial impact associated with accepting students with special education needs who previously had been paid through tuition and now are accepted via open enrollment.
12.
13.
Effective date Except for section 15-951, Arizona Revised Statutes, as amended by section 7 of this act, this act is effective from and after June 30, 2023.
Effective date Except for section 15-951, Arizona Revised Statutes, as amended by this act, this act is effective from and after June 30, 2023.
- 30 -
APPROVED BY THE GOVERNOR JUNE 8, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 8, 2022.
- 27 -
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Action History

  1. Signed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DPA/SE

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. DPA

  14. House Placed on Consent Calendar

  15. DP

  16. House Second Reading

  17. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 12 voted No

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 42 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 28405
Republican 10700
Democrat 4002
Total 421107
% of votes cast 70%18%0%12%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andrea Dalessandro — Yea
Andres Cano — Not Voting
Athena Salman — Not Voting
Ben Toma — Yea
Brenda Barton — Nay
Christian Solorio — Yea
César Chávez — Not Voting
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Domingo DeGrazia — Not Voting
Jacqueline Parker — Nay
Jasmine Blackwater-Nygren — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
Joel John — Yea
John Fillmore — Yea
Judy Burges — Nay
Judy Schwiebert — Yea
Kelli Butler — Yea
Lorenzo Sierra — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Michelle Udall — Yea
Morgan Abraham — Not Voting
Pamela Powers Hannley — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Kaiser — Yea
Travis W. Grantham — Nay
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Brian Fernandez Democrat Not Voting
Christopher Mathis Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Sarah Liguori Democrat Not Voting
Beverly Pingerelli Republican Yea
Frank Carroll Republican Nay
Gail Griffin Republican Nay
Jake Hoffman Republican Nay
Jeff Weninger Republican Yea
John Kavanagh Republican Nay
Joseph Chaplik Republican Nay
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Mark Finchem Republican Nay
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Teresa Martinez Republican Nay
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 25 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 4001
Unaffiliated 15003
Republican 6100
Total 25104
% of votes cast 83%3%0%13%
How each member voted (30)
Member Party Vote
Christine Marsh — Yea
Juan Mendez — Yea
Karen Fann — Yea
Kelly Townsend — Yea
Lisa Otondo — Yea
Martin Quezada — Yea
Michelle B. Ugenti-Rita — Not Voting
Nancy Barto — Yea
Paul Boyer — Not Voting
Raquel Terán — Yea
Rebecca Rios — Yea
Rick Gray — Yea
Rosanna Gabaldon — Yea
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tyler Pace — Not Voting
Victoria Steele — Yea
Lela Alston Democrat Yea
Lupe Contreras Democrat Yea
Sally Ann Gonzales Democrat Yea
Stephanie Stahl Hamilton Democrat Not Voting
Theresa Hatathlie Democrat Yea
David Gowan Republican Yea
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Thomas "T.J." Shope Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Nay
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 59 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 17000
Democrat 6000
Total 59001
% of votes cast 98%0%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andrea Dalessandro — Yea
Andres Cano — Yea
Athena Salman — Not Voting
Ben Toma — Yea
Brenda Barton — Yea
Christian Solorio — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Domingo DeGrazia — Yea
Jacqueline Parker — Yea
Jasmine Blackwater-Nygren — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
Joel John — Yea
John Fillmore — Yea
Judy Burges — Yea
Judy Schwiebert — Yea
Kelli Butler — Yea
Lorenzo Sierra — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Michelle Udall — Yea
Morgan Abraham — Yea
Pamela Powers Hannley — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Kaiser — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Brian Fernandez Democrat Yea
Christopher Mathis Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Sarah Liguori Democrat Yea
Beverly Pingerelli Republican Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jake Hoffman Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Mark Finchem Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2124?
HB 2124 is sponsored by Michelle Udall.
What is the current status of HB 2124?
This bill has been enacted into law. Introduced January 18, 2022. Enacted.
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