SCHOOLD ISTRICT
UNIFICATIOANN D
CONSOLIDATION
COMMISSION
BACKGROUND
The 19- member School District Unification And Consolidation Commission was established
pursuant to Laws 2002, Chapter 316 ( also known as SB 1180). The Commission met three
times:
Thursday, October 3,2002.
Wednesday, October 23,2002.
Thursday, January 9,2003.
' Additionally, the Commission established a subcommittee, which met on November 4, 2002, to
review small and rural school district issues.
Representative John Huppenthal, Chairman
Representative Leah Landrum
Representative Marian McClure
Dr. Sandra Dowling, Cochairman
Susan Bitter Smith
Edward Boot
Michael Hunter
Tee Lambert
Carol Lee
Senator Linda Aguirre
Senator Tim Bee
Senator Marilyn Jarrett
Brett Agenbroad
Judy Bock
Dr. James Buchanan
Dr. Chuck Essigs
Jay Kaprosy
Dr. Mary Belle McCorkle
Keith Vaughn
PURPOSE
The Commission was charged with reviewing the following items:
1. Study the costs and benefits of unification or consolidation of school districts, or both,
including any potential savings associated with a reduction in administrative personnel.
2. Examine various models for unification or consolidation of school districts, or both,
taking into consideration the demographics of this state and academic research regarding the
optimal size of school districts.
3. Examine the impact of school district unification and consolidation, or both, on each
of the following:
( a) School district taxes and indebtedness.
( b) Academic curricula.
( c) Special services.
( d) School facilities.
( e) School personnel.
( f) Transportation of pupils.
( g) School district governance and elections.
( h) Desegregation orders and agreements.
( i) Extracurricular activities.
Additionally, the Commission is required to elect a chairman and a cochairman from its
members, which was accomplished at the first meeting. The Commission elected Rep. John
Huppenthal to serve as chairman and Dr. Sandra Dowling to serve as cochairman.
The Commission is required to submit a report of its findings and recommendations to the
Governor and the Legislature by November 15,2003.
The Commission is repealed from and after December 3 1,2003.
The Commission did not approve any formal recommendations.
Attachment 1:
Attachment 2:
Attachment 3 :
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Attachment 9:
Attachment 10:
Attachment 1 1 :
Attachment 12:
Attachment 13 :
Attachment 14:
Attachment 15:
Attachment 16:
Attachment 17:
Attachment 18:
Attachment 19:
ATTACHMENTS
Agenda for Thursday, October 3,2002
Minutes for Thursday, October 3,2002
Laws 2002, Chapter 3 16 ( SB 1 180)
Select Statutes from Title 15, Chapter 4, Article 3, a document prepared by
Staff
Analysis of School District Administrative Costs for FY 2000- 01, a memo
provided by the Joint Legislative Budget Committee
Agenda for Wednesday, October 23,2002
Minutes for Wednesday, October 23,2002
Improving Student Achievement in Arizona: A Call to Action, a
report by the Governor's Task Force on Efficiency and Accountability in
K- 12 Education
Reduction in School District Administrative Costs Under Assumed
Unzjications, a memo provided by the Joint Legislative Budget Committee
Arizona Public School District's Dollars Spent in the Classroom, a
report to the Arizona Legislature in March 2002 by the Division of School
Audits of the Office of the Auditor General, State of Arizona
Dropout Rate Study: 2001- 2002 Annual Dropout Rates, a report by the
Arizona Department of Education
Union High School Districts and their Elementary " Feeder" Districts, a
document prepared by Staff
Small School Adjustment Districts, a document prepared by Staff
School Facilities In Arizona: An Examination Of The Relationships
Between And Among School Facilities Characteristics And
Educational Outcomes, by Interactive, Inc- A report provided by the
School Facilities Board
A Comprehensive Studv of the Organization of Kansas School
Districts, a report prepared for the Kansas State Board of Education by
Augenblick and Myers, Inc.
Revisiting Economies of Size in American Education: Are We Any
Closer to a Consensus?, a report by Mathew Andrews, William
Duncombe and John Yinger
Does School District Consolidation Cut Costs?, a report by William
Duncombe and John Yinger, Center for Policy Research at Syracuse
University
Subcommittee on Small School District Unification and Consolidation-
Agenda for November 4, 2002 ( no minutes were taken, but audio tapes of
the meeting are available at the Office of the Chief Clerk of the Arizona
House of Representatives)
Agenda for Thursday, January 9,2003
Attachment 20: Minutes for Thursday, January 9,2003
Attachment 21 : Factors Affecting Administrative Costs, a report to the Arizona
Legislature in November 2002 prepared by the Office of the Auditor
General, State of Arizona
Attachment 22: Comparison to National Data, a document prepared by the Office of the
Auditor General, State of Arizona
Attachment 23: A Case for Unification And Where Appropriate Consolidation of
School Districts in Arizona, a report in January 2003 prepared by Martin
L. Shultz
Attachment 24: School District Superintendent Salary with ADM, a document prepared by
Staff
Attachment 25 : Recommendation for further research by this Commission, a memo dated
January 9,2003 to the Commission members prepared by Michael Hunter
Printer Friendly Version
Attachment 1
ARIZONA STATE LEGISLATURE
Joint Interim Meeting Notice
Open to the Public
School Di~ trict~ Unificatioann d Consolidation Commission
I
DATE: Thursday, October 3,2002
TIME: 1: 00 p. m.
PLACE: House Hearing Room 4
AGENDA
1. Call to Order
2. Introductions and Opening Comments
3. Presentation by Staff
4. Presentation by Dr. Michael Ford, Kingman Unified School District l5. Ele ction of Chairman and Co- Chairman
6. Discussion
7. Determine Future Meeting Date
8. Adjourn
MEMBERS:
Senator Aguirre
Senator Bee
Senator Jarrett
Brett Agenbroad
Judy Boch
Dr. James Buchanan
Dr. Chuck Essigs
Jay Kaprosy
Carol Lee
Keith Vaughn
Representative Huppenthal
Representative Landrum
Representative McClure
Susan Bitter Smith
Edward Boot
Dr. Sandra Dowling
Michael Hunter
Tee Lambert
Dr. Mary Belle McCorkle
---------- DOCUMENT FOOTER ---------
e9' 2712002 People with disabilities may request reasonable accommodations such as interpreters,
alternative formats, or assistance with physical accessibility. If you require accommodations,
please contact the Chief Clerk's Office at 602- 542- 3032, ( TDD) 542- 6241.
School District Unification and Consolidation Commission
Attachment 2
---------- DOCUMENT HEADER ----------
---------- DOCUMENT HEADER ----------
ARIZONA STATE LEGISLATURE
Forty- fifth Legislature - Second Regular Session
SCHOOL DISTRICT UNIFICATION AND
CONSOLIDATION COMMISSION
Minutes of Meeting
Wednesday, October 23, 2002
House Hearing Room 1 -- 9: 00 a. m.
( Tape 1, Side A - DID NOT RECORD)
Cochairman Dowling called the meeting to order at 9: 13 a. m. and attendance was noted by the secretary.
Members Present
Senator Bee
Senator Jarrett
Representative Landrum Taylor
Representative McClure
Representative Huppenthal, Chair
Brett Agenbroad Michael Hunter
Susan Bitter Smith Tee Lambert
Judy Boch Carol Lee
Edward E. Boot Dr. Mary Belle McCorkle
Dr. James Buchanan Keith Vaughan
Dr. Chuck Essigs Dr. Sandra Dowling, Cochair
Members Absent
Senator Aguirre Jay Kaprosy
Speakers Present
Brian Lockery, House Majority Research Analyst, Education Committee
Steve Schimpp, Senior Fiscal Analyst, Joint Legislative Budget Committee
Opening Remarks
Cochairman Dowling noted that some of the Members were not present at the previous meeting and
missed the introductions, so the Members proceeded to introduce themselves.
Chairman Huppenthal assumed the Chair.
3C11001 uistrlcl UniIlcatlun anu Lunaulluauull L U I L L I I ~ L ~ ~ I U I I
Presentation by Staff on Information Reauested by Commission Members
Brian Lockery. House Majority Research Analyst, Education Committee. reviewed documents requested
at the previous meeting that were collected or prepared by House. Senate and Joint Leeislative Budget
Committee ( JLBC) staff ( Attachments 1 through 11).
Chairman Huppenthal stated that he takes issue with the recommendation to set a standard relating to
minimum size ( Attachment 2). In northern Arizona, two elementary schools feed into a high school
district. One of the elementary schools is a one- school district with between
10 and 20 students, while the other elementary school is at least 10 times that size. The last
10 valedictorians at the high school were from the smaller school, and similar data is reflected in various
studies.
Mr. Hunter remarked that the recommendation does not necessarily relate to school size, but school
district size, to insure that school districts do not abuse taxpayers with high property tax rates.
Senator Jarrett commented that with consolidation, the small school would be eliminated, but with
unification, the small school may not be closed down. It is important to be carehl which term is used
because unification would allow for economy of scale as far as school districts are concerned, but not
necessarily consolidation and closing down schools, especially in rural areas where things are working
well and children have long distances to travel. She only wants to see schools run more efficiently with
less administrators.
Cochairman Dowling asked if research has been done about financial benefits or deterrents to a
completely unified system in Arizona versus the current elementary and unified system.
Mr. Lockery responded that he will find out. Cochairman Dowling noted that elementary and unified
districts have a different tax rate, and asked how that would be broken out.
Mr. Agenbroad related that he is from the Topac Elementary District, which is a one- school district with
164 students. He said he discussed consolidation with larger school districts, but feared that if
enrollment declined in those districts, Topac Elementary would be closed and students would be bused
to their schools. Also, Topac Elementary has a 7 to 1 student ratio, and he can see the students
combined with larger classes. Research shows that smaller size is optimal. He added that prior to Topac
Elementary being built in 1991, kindergarten and high school students met at the bus stop at 5: 00 a. m.
There was much concern about the students waiting during those dark hours, as well as mixing
kindergarten pupils with high school students.
Chairman Huppenthal remarked that not only is academic perfomlance improved as schools become
smaller, but teacher job satisfaction also rises. He con~ n~ entetdh at politicians talk about reducing
administrative costs, but it is a conlplcx task. Many administrators are pulling their own weight, helping
parents, and helping to make society a better place, but severe abuses are occurring that are hurting areas
of the state because of the high property tax rates that are taking away econon~ icd evelopment.
Mr. Agenbroad implied that the analysis by JLBC ( Attachment 3) is a " shell game" by the Legislature to
keep from funding education as it should be funded. He submitted that the quality of life in some of the
smaller districts is fantastic. He added that there are over 500 charter schools that are districts in
themselves and asked why unification of those under a public district is not being considered.
Mrs. McClure noted that Santa Cruz County has less than 9,000 total students. In targeting the school
district size of 20,000 students or less in a county and combining those into one school district
( Attachment 3), she pointed out that Nogales Unified has nothing in common with Sonoita Elementary.
School District Unification and Consolidation Commission Page 3 01 b
She fears there would be a one- size- fits- all approach that would eliminate the small school in Sonoita,
which is one of the better schools in the county.
Mr. Lockery pointed out that the four exemptions were used by staff to prepare the document to reflect
the savings that Senator Jarrett was looking for ( Attachment 3).
Senator Jarrett explained that funding is limited, especially next year when there may be serious cuts,
and people are hoping to get more dollars into the classroom. The document shows how much it will
cost in school administration if every elementary school that feeds into a high school is unified into one
district that would have the same educational goals. She indicated that she takes umbrage with the
implication that this is a " shell game" because no one is playing games in deciding where the money is
going to go. The largest amount of the budget already goes to education, but Arizona must also spend
many dollars on health care for illegal aliens.
Mr. Hunter submitted that the issues of unification and consolidation should not be the driving force.
The Arizona Tax Research Association's recommendation has never been that the state should have
some say in what optimal percentage of cost is. There are serious obstacles in how administrative costs
are reported, and in small school districts where the administrator drives a bus three days a week, for
example, hisher entire salary could be in the administrative column.
Senator Jarrett responded that the driving force is getting dollars to the classroon~ a nd teachers.
Mrs. Landrum Taylor referred to the breakdown of dollars into the classroom on pages 16 through 24
( Attachment 4) and asked why some are so low and others are so high. She also referred to the first
paragraph on page 7, which states that other factors, such as desegregation programs, which provide
additional funding to some school districts " do not appear to affect" the percentage. She indicated that
she would like to make sure it would not affect the percentage.
Mr. Essigs pointed out that when considering dollars spent in the classroom, it is important to remember
what is not included, such as the items outlined on page 4 ( Attachment 4).
Mr. Lockery advised Mrs. Landrum Taylor that a breakdown of factors associated with higher and lower
classroon~ s pending appears on pages 9 through 13 ( Attachment 4).
Cochairman Dowling indicated that she would like to know what is actually considered " administrative
costs." Senator Jarrett responded that there is not a definition, which is the problem.
Steve Schimpp, Senior F& c_ al Analyst, Jojjjt Legislative Budget Committee, related that in compiling the
document ( Attachnlent 3), he took a fairly conservative approach as far as inclusion of " administrative
costs."
Chairman Huppenthal said he can see how different school districts could classify those areas
differently. He asked if anyone 11~ rse \ iewed a high administrative cost district's classification process
and a low administrative cost district to see 1101~ d ollars are pigeonholed.
Mr. Schimpp stated that t~ vo different districts that are highly regarded classify phone expenses in a
slightly different manner, which affects costs.
Mr. Essigs remarked that snlallcr schools will have higher administrative costs because there will be
more principals.
3Ckl001 UlStrlCt Unilicati~ na nu L U I ~ ~ V ~ I U ~ LLU~ IVIIIIIIA IA~ AUII A - 3- ' "
Mr. Schimpp stated that he did not include operation- type issues in the study. The analysis was based
on the three categories and excluded everything else. In the introduction, he attempted to portray the
sense that the issue of what is or is not " administrative costs" is controversial.
Chairman Huppenthal indicated a need to find out who would deal with the issue in the
Auditor General's Office. He said legislation may be appropriate because if school districts are
classifying " administrative costs" differently, it might be helpful if those costs are delineated in statute
and approved by the Auditor General so there would be a standard across the board.
In reference to Attachment 5, Senator Jarrett stated that there is some confusion as to how dropouts are
reported because it is difficult to find out what happens to the students, some are home schooled, etc.
Mr. Essigs added that the largest category is the unknown.
( Tape 1, Side B - DID NOT RECORD)
Mr. Essigs added that with the Student Accountability Information System ( SAIS), school districts will
be able to track students between public schools and charter schools, but it will probably still be difficult
with private schools because their reporting is different; however, those schools represent a small part of
the state population.
When Mrs. Jarrett asked about students who are home schooled, Mr. Essigs explained that the county
system is not part of the SAIS because it is not funded with state dollars.
Cochairman Dowling related that affidavits must be filled out to report children who are home schooled,
but if it is not done, there is no record.
Regarding the potential through policy to reduce the dropout rate by unification or consolidation,
Chairman Huppenthal stated that data studies in the early 1990s showed that when ninth grade was
linked with eighth grade the dropout rate lowered dramatically. That cannot be done with a separate
unified school district, and many consolidated school districts do not organize in that manner. The only
way of entertaining the possibility would be to allow all elementary and unified school districts to open
up a ninth grade.
Ms. Lambert opined that better alignment of the curriculum so students can be successful would also
reduce the dropout rate because whether or not students are successful determines whether they will
finish high school.
Dr. Buchanan remarked that thc ability to trace the unknown student makes all the difference in dropout
rates. Another factor is the ad\, cnt of the charter school program, which gives young people who do not
fit well in large coniprchcnsi\~ ch igh schools another option.
The Members used as an csan~ plcth e Sentinel Elementary School District on the chart relating to Small
School Adjustment Distric~ s( Attach~ nen6t ). Mr. Lockery acknowledged that the adjustment per pupil
would be about $ 15,000 shot c and beyond the budget limits, so the total would be about $ 20,000 in the
maintenance and operation portion. He added that there is also capital.
Chairman Huppenthal stated tllat some of the case studies in which there appears to be abuse should be
tracked to determine if thcrc ih abuse.
Mr. Lockery stated that staff requested a copy of all superintendents' salaries in the state in order to
make a comparison with aircrage daily membership ( ADM), but only about half of the information has
been received, so more time is needed to compile all of the data.
School District Unification and Consolidation Commission Page 5 of 6
Regarding the report on School Facilities in Arizona ( Attachment 7), Mr. Boot related that this is the
first year of the study, and the second year study will be ready by the end of this calendar year. The
finding is that the larger the school, with the exception of Title 1, the better the results because there are
more programs, selectivity, specialization, generally more operating capital, and therefore, the school
becomes more efficient. That is not consistent with what everyone believed, but it is what the data
shows. He added that he is very interested to see what the data will show this year.
He advised Chairman Huppenthal that physical configurations and the isolation effect on teachers were
not examined. Chairman Huppenthal indicated that he is interested in the configuration issue because he
has seen some schools he would not want to work in. Mr. Boot related that there were four instances
where geographical schools were built so no student is riding the bus for one hour. When rural areas
have very small schools that are very far apart, consolidation makes little sense, but urban areas would
be different.
Mr. Hunter reviewed a handout containing revenue control limit ( RCL) and ADM data from JLBC and
House staff to which he added the type of school district and qualifying tax rate ( QTR). The chart shows
the funding that is drawn from property taxes in some districts compared to others. After some
discussion, Mr. Hunter suggested that a Working Group be formed to delve further into this issue.
Chairman Huppenthal announced that the Working Group will be composed of the following Members:
Mr. Huppenthal, Chairman
Mr. Hunter
Mr. Essigs
Next Meetin2
Chairman Huppenthal related that an e- mail will be sent out to advise the Members of the next meeting.
Mrs. McClure requested that future meetings begin at 9: 30 instead of 9: 00 a. m. for Members who have
to travel some distance.
Without objection, the meeting adjourned at 1052 a. m.
Linda Taylor, Committee Secretary
October 3 1,2002
( Original minutes and attachments are on file in the Office of the Chief Clerk.)
---------- DOCUMENT FOOTER ---------
SCHOOL DISTRICT UNIFICATION AND
CONSOLIDATION COMMISSION
Attachment 3
S t a t e o f A r i z o n a
Conference Engrossed
FILED
Senate
F o r t y - f i f t h L e g i s l a t u r e Beeey Bayless
Second R e g u l a r S e s s i o n Secretary of State
2002 Gmm 316
SENATE BILL 11 80
AN ACT
AMENDING SECTIONS 15- 341 AND 15- 342, ARIZONA REVISED STATUTES; RELATING TO
SCHOOL DISTRICTS.
( TEXT OF BILL BEGINS ON NEXT PAGE)
S. B. 1180
Be i t enacted by the Legislature of the State of Arizona:
Section 1. Section 15- 341, Arizona Revised S t a t u t e s , i s amended to
read:
15- 341. General Dowers and duties : immuni t v ; del esati on
A . The governing board s h a l l :
1. Prescribe and enforce policies and procedures f o r t h e governance
of the schools, not inconsistent with law or rules prescribed by the s t a t e
board of education.
2 . Maintain the schools established by i t for the attendance of each
pupil for a period of not less t h a n one hundred seventy- five school days or
two hundred school days, as applicable, or i t s equivalent as approved by the
superintendent of public instruction for a school d i s t r i c t operating on a
year- round operation basis, to offer a n educational program on the basis of
a four day school week or to offer an alternative kindergarten program on the
basis of a three day school week, in each school year, and i f the funds of
the d i s t r i c t are s u f f i c i e n t , for a longer period, and as far as practicable
with equal rights and privileges.
3. Exclude from schools a l l books. publications, papers or
audiovisual materi a1 s of a sectari an, partisan or denomi nati onal character.
4. Manage and control the school property within i t s d i s t r i c t .
5. Acqui re school f u r n i t u r e , apparatus, equipment, 1 i brary books and
supplies f o r t h e use of the schools.
6. Prescribe the c u r r i z l a and c r i t e r i a for the promotion and
graduation of pupils as provided in sections 15- 701 a n d 15- 701.01.
7 . Furnish, repair and insure, a t f u l l insurable value, the school
property of the d i s t r i c t .
8. Construct school buildings on approval by a vote of the d i s t r i c t
e l e c t o r s .
9. Make in the name of the d i s t r i c t conveyances of property belonging .
to the d i s t r i c t and sold by the board.
10. Purchase school s i t e s when authorized by a vote of the d i s t r i c t a t
a n election conducted as nearly as practicable in the same manner as the
election provided in section 15- 481 and held on a date prescribed in section
15- 491, subsection E , but such authorization shall not necessarily specify
the s i t e to be purchased and such authorization shall not be necessary to
exchange unimproved property as provided in section 15- 342. paragraph 23.
11. Construct, improve and furnish buildings used for school purposes
when such buildings or premises are leased from the national park service.
12. Purchase school s i t e s or construct, improve a n d furnish school
buildings from the proceeds of the sale of school property only on approval
by a vote of the d i s t r i c t e l e c t o r s .
13. Hold pupils to s t r i c t account for disorderly conduct on school
p r o p e ~ t y,
14. Discipline students for disorderly conduct on the way to and from
srhool .
S. B. 1180
15. Except as provided in section 15- 1224. deposit all monies received
by the d i s t r i c t as g i f t s , grants and devises with the county treasurer who
shall credit the deposits as designated in the uniform system of financial
records. If not inconsistent with the terms of the g i f t s , grants and devises
given, any balance remaining a f t e r expenditures for the intended purpose of
the monies have been made shall be used for reduction of school d i s t r i c t
taxes for the budget year, except t h a t in the case of accommodation schools
the county treasurer s h a l l carry the balance forward for use by the county
school superintendent for accommodation schools for the budget year.
16. Provide t h a t , i f a parent or legal guardian chooses not to accept
a decision of the teacher as provided in section 15- 521, paragraph 3, the
parent or legal guardian may request in writing t h a t the governing board
review the teacher's decision. Nothing in this paragraph shall be construed
to release school d i s t r i c t s from any l i a b i l i t y relating to a c h i l d ' s
promotion or retention.
17. Provide for adequate supervision over pupils in instructional and
noninstructional a c t i v i t i e s by c e r t i f i c a t e d or noncertificated personnel.
18. Use school monies received from the s t a t e and county school
apportionment exclusively for payment of s a l a r i e s of teachers a n d other
employees a n d contingent expenses of the d i s t r i c t .
19. Make a n annual report to the county school superintendent on or
before October 1 each year i n the manner and form and on the blanks
prescribed by the superintendent of pub1 i c instruction or county school
superintendent. The board s h a l l a l s o make reports directly to the county
school superintendent or the superintendent of public instruction whenever
requi red.
20. Deposit all monies received by school d i s t r i c t s other t h a n student
a c t i v i t i e s monies or monies from auxi 1 iary operations as provided in sections
15- 1125 and 15- 1126 with the county treasurer to t h e c r e d i t of the school
d i s t r i c t except as provided in paragraph 21 of t h i s subsection and sections
15- 1223 and 15- 1224, and the board shall expend the monies as provided by law
for other school funds.
21. Establish a bank account in which the board may during a month
deposit miscel laneous monies received d i r e c t l y by the d i s t r i c t . The board
shall remit monies deposited in the bank account a t l e a s t monthly to the
county treasurer for deposit as provided in paragraph 20 of t h i s subsection
a n d in accordance with the uniform system of financial records.
22. Employ a n attorney admitted to practice in t h i s s t a t e whose
principal practice i s in the area of commercial real e s t a t e , or a real estate
broker who i s licensed by t h i s s t a t e and who i s employed by a reputable
commercial real e s t a t e company. to negotiate a lease of five or more years
f o r the school d i s t r i c t i f the governing board decides to enter into a lease
cf f i v e 5r more years as lessor of school buildings or grounds as provided
i n section 15- 342. paragraph 7 or 10. Any lease of f i v e or more years
nezotiated pursuant to t h i s paragraph shall provide t h a t the lessee i s
S. B. 1180
r e s p o n s i b l e f o r payment o f p r o p e r t y t a x e s p u r s u a n t t o t h e r e q u i r e m e n t s o f
s e c t i o n 42- 11104.
23. P r e s c r i be and enforce pol i c i es and procedures f o r d i s c i p l i nary
a c t i o n a g a i n s t a t e a c h e r who engages i n conduct which i s a v i o l a t i o n o f t h e
p o l i c i e s o f t h e g o v e r n i n g board but which i s n o t cause f o r d i s m i s s a l o f t h e
teacher o r f o r r e v o c a t i o n o f t h e c e r t i f i c a t e o f t h e t e a c h e r . D i s c i p l i n a r y
a c t i o n may i n c l u d e suspension w i t h o u t pay f o r a p e r i o d of time n o t t o exceed
t e n school days. D i s c i p l i n a r y a c t i o n s h a l l n o t i n c l u d e suspension w i t h pay
o r suspension w i t h o u t pay f o r a p e r i o d o f t i m e l o n g e r than t e n school days.
The procedures s h a l l i n c l u d e n o t i c e , h e a r i n g and appeal p r o v i s i o n s f o r
v i o l a t i o n s which are cause f o r d i s c i p l i n a r y a c t i o n . The governing board may
designate a person or persons t o act on b e h a l f o f t h e board on t h e s e m a t t e r s .
24. P r e s c r i b e and e n f o r c e p o l i c i e s and procedures f o r d i s c i p l i n a r y
a c t i o n a g a i n s t an a d m i n i s t r a t o r who engages i n conduct which i s a v i o l a t i o n
o f the p o l i c i e s o f t h e governing board r e g a r d i n g d u t i e s of a d m i n i s t r a t o r s b u t
which i s n o t cause f o r d i s m i s s a l o f t h e a d m i n i s t r a t o r o r f o r r e v o c a t i o n o f
t h e c e r t i f i c a t e o f t h e admini s t r a t o r . D i s c i p l i n a r y a c t i o n may i n c l u d e
suspension w i t h o u t pay f o r a p e r i o d o f t i m e n o t t o exceed t e n school days.
Di s c i p l i nary a c t i o n s h a l l n o t i n c l ude suspension w i t h pay o r suspension
w i t h o u t pay f o r a p e r i o d o f t i m e l o n g e r t h a n t e n school days. The procedures
s h a l l i n c l u d e n o t i c e , hearing and appeal p r o v i s i o n s f o r v i o l a t i o n s which are
cause f o r d i s c i p l i n a r y a c t i o n . The g o v e r n i n g b o a r d may d e s i g n a t e a person
or persons t o a c t on b e h a l f o f t h e board on t h e s e m a t t e r s . For v i o l a t i o n s
which are cause f o r d i s m i s s a l , t h e p r o v i s i o n s o f n o t i c e , h e a r i n g and appeal
i n chapter 5, a r t i c l e 3 o f t h i s t i t l e s h a l l a p p l y . The f i l i n g o f a t i m e l y
request f o r a h e a r i n g suspends the i m p o s i t i o n o f a suspension w i t h o u t pay o r
a d i s m i s s a l pending c o m p l e t i o n o f t h e h e a r i n g .
25. N o t w i t h s t a n d i n g s e c t i o n 13- 3108, p r e s c r i b e and e n f o r c e p o l i c i e s
and procedures t h a t p r o h i b i t a person from c a r r y i n g o r possessing a weapon
on school grounds unless t h e person i s a peace o f f i c e r o r has o b t a i n e d
s p e c i f i c a u t h o r i z a t i o n from t h e school a d m i n i s t r a t o r .
26. P r e s c r i b e and e n f o r c e p o l i c i e s and procedures r e l a t i n g t o t h e
h e a l t h and s a f e t y o f a l l p u p i l s p a r t i c i p a t i n g i n d i s t r i c t sponsored p r a c t i c e
sessions, games o r o t h e r i n t e r s c h o l a s t i c a t h l e t i c a c t i v i t i e s , i n c l u d i n g t h e
p r o v i s i o n o f w a t e r . A school d i s t r i c t and i t s employees a r e immune from
c i v i l l i a b i l i t y f o r t h e consequences o f t h e good f a i t h a d o p t i o n and
i m p l e m e n t a t i o n o f p o l i c i e s and procedures p u r s u a n t t o t h i s paragraph.
2 7 . P r e s c r i b e and e n f o r c e p o l i c i es and procedures r e g a r d i n g t h e
smoking o f tobacco wi t h i n school b u i 1 d i n g s . The p o l i c i es and procedures
s h a l l be adopted i n c o n s u l t a t i o n w i t h school d i s t r i c t personnel and members
of t h e community and s h a l l s t a t e whether smoking i s p r o h i b i t e d i n school
b u i l d i n g s . If smoking i n school b u i l d i n g s i s n o t p r o h i b i t e d , t h e p o l i c i e s
ana prqcedures s h a l l c l e a r l y s t a t e t h e c o n d i t i o n s and c i r c u m s t a n c e s under
which smoking i s p e r m i t t e d , those areas i n a school b u i l d i n g which may be
S . B . 1 1 8 0
d e s i g n a t e d as smoking areas and those areas i n a school b u i l d i n g which may
n o t be d e s i g n a t e d as smoking areas.
2 8 . E s t a b l i s h an assessment, data g a t h e r i n g and r e p o r t i n g system as
p r e s c r i b e d i n c h a p t e r 7, a r t i c l e 3 o f t h i s t i t l e .
2 9 . Provide speci a1 e d u c a t i o n programs and re1 ated s e r v i c e s pursuant
t o s e c t i o n 1 5 - 7 6 4 , s u b s e c t i o n A t o a l l c h i l d r e n w i t h d i s a b i l i t i e s as d e f i n e d
i n s e c t i o n 1 5 - 7 6 1 .
3 0 . A d m i n i s t e r competency t e s t s p r e s c r i b e d by t h e s t a t e board o f
e d u c a t i o n f o r t h e g r a d u a t i o n o f p u p i l s from h i g h school.
31. Secure i n s u r a n c e coverage f o r a l l c o n s t r u c t i o n p r o j e c t s f o r
purposes o f general l i a b i l i t y , p r o p e r t y damage and workers' compensation and
secure performance and payment bonds f o r a l l c o n s t r u c t i o n p r o j e c t s .
32. Keep on f i l e t h e resumes o f a l l c u r r e n t and former employees who
p r o v i d e i n s t r u c t i o n t o p u p i l s a t a s c h o o l . Resumes s h a l l i n c l u d e an
i n d i v i d u a l ' s e d u c a t i o n a l and t e a c h i n g background and experience i n a
p a r t i c u l a r academic c o n t e n t s u b j e c t area. A school d i s t r i c t s h a l l i n f o r m
parents and guardians of t h e a v a i l a b i l i t y o f the resume i n f o r m a t i o n and s h a l l
make these a v a i l a b l e f o r i n s p e c t i o n on request o f parents and guardians of
pupi 1s e n r o l l e d a t a s c h o o l . Nothing i n t h i s paragraph s h a l l be c o n s t r u e d
t o r e q u i r e any school t o r e l e a s e p e r s o n a l l y i d e n t i f i a b l e i n f o r m a t i o n i n
r e l a t i o n t o any teacher o r employee i n c l u d i n g t h e t e a c h e r ' s o r employee's
address, s a l a r y , s o c i a l s e c u r i t y number o r t e l e p h o n e number.
- 3 3 . Report t o l o c a l law enforcement any suspected crimes a g a i n s t
persons o r p r o p e r t y and any i n c i d e n t s t h a t c o u l d p o t e n t i a l l y t h r e a t e n t h e
s a f e t y o r s e c u r i t y o f p u p i l s , teachers o r a d m i n i s t r a t o r s . A school d i s t r i c t
and i t s employees are immune from l i a b i l i t y f o r any good f a i t h a c t i o n s taken
i n f u r t h e r a n c e o f t h i s paragraph.
34. I n c o n j u n c t i o n w i t h l o c a l law enforcement and l o c a l medical
f a c i l i t i e s , develop an emergency response p l a n f o r each school i n the school
d i s t r i c t i n accordance w i t h minimum s t a n d a r d s developed j o i n t l y by t h e
department o f e d u c a t i o n and t h e d i v i s i o n o f emergency management w i t h i n t h e
department o f emergency and m i l i t a r y a f f a i r s .
3 5 . A n n u a l l y a s s i g n a t l e a s t one school d i s t r i c t employee t o
p a r t i c i p a t e i n a mu1 ti hazard c r i s i s t r a i n i n g program developed or s e l e c t e d
by t h e g o v e r n i n g board.
3 6 . PROVIDE WRITTEN NOTICE TO THE PARENTS OR GUARDIANS OF A L L STUDENTS
AFFECTED I N THE SCHOOL D I S T R I C T AT L E A S T T H I R T Y DAYS P R I O R TO A P U B L I C
MEETING TO D I S C U S S C L O S I N G A SCHOOL W I T H I N THE SCHOOL D I S T R I C T . THE N O T I C E
SHALL INCLUDE THE REASONS FOR THE PROPOSED CLOSURE AND THE T I M E AND PLACE OF
T H E M E E T I N G . THE GOVERNING BOARD S H A L L F I X A T I M E FOR A P U B L I C MEETING ON
THE PROPOSED CLOSURE NO LESS THAN T H I R T Y DAYS BEFORE VOTING I N A P U B L I C
MEETlNS TO CLOSE THE SCHOOL. THE SCHOOL D I S T R I C T GOVERNING BOARD SHALL G I V E
N O T I C E 3F THE T I M E AND PLACE OF THE M E E T I N G . AT THE T I M E AND PLACE
S E S I G N A l E D I N T H E N O T I C E , T H E SCHOOL D I S T R I C T GOVERNING BOARD S H A L L H E A R
ZEASONS F l l R OR A G A I N S T C L O S I N G THE SCHOOL. THE SCHOOL D I S T R I C T GOVERNING
S. B. 1180
BOARD IS EXEMPT FROM THE PROVISIONS OF THIS PARAGRAPH IF IT IS DETERMINED BY
THE GOVERNING BOARD THAT THE SCHOOL SHALL BE CLOSED BECAUSE IT POSES A DANGER
TO THE HEALTH OR SAFETY OF THE PUPILS OR EMPLOYEES OF THE SCHOOL.
B. Notwithstanding subsection A , paragraphs 8, 10 and 12 of t h i s
section, the county school superintendent may construct, improve and furnish
school buildings or purchase or s e l l school s i t e s in the conduct of an
accommodation school.
C. If any school d i s t r i c t acquires real or personal property. whether
by purchase, exchange, condemnation, g i f t or otherwise, the governing board
shall pay to the county treasurer any taxes on the property t h a t were unpaid
as of t h e d a t e of acquisition, including penalties and i n t e r e s t . The lien
for unpaid delinquent taxes, penalties and i n t e r e s t on property acquired by
a school d i s t r i c t :
1. Is not abated, extinguished, discharged or merged in the t i t l e to
the property.
2. Is enforceable in the same manner as other delinquent t a x l i e n s .
D. The governing board may not locate a school on property t h a t i s
l e s s than one- fourth mile from agricultural land regulated pursuant to
section 3- 365, except t h a t the owner of t h e a g r i c u l t u r a l 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 o f f i c e of the county recorder as a r e s t r i c t i v e covenant
running with the t i t l e to the land, the school d i s t r i c t may locate a school
within the affected buffer zone. The agreement may include any stipulations
regarding the school, including conditions for future expansion of the school
and changes in the operational s t a t u s of the school t h a t will r e s u l t in a
breach of the agreement.
E . A school d i s t r i c t ' s governing board members and i t s school council
members are immune from civil l i a b i l i t y f o r the consequences of adoption and
implementation of policies and procedures pursuant to subsection A of t h i s
section and section 15- 342. This waiver does not apply i f the school
d i s t r i c t ' s governing board members or i t s school council members are guilty
of gross negligence or intentional misconduct.
F . A governing board may delegate in writing to a superintendent,
principal or head teacher t h e a u t h o r i t y to prescribe procedures t h a t are
consistent with the governing board's p o l i c i e s .
G . Notwithstanding any other provision of t h i s t i t l e , a school
d i s t r i c t governing board shall not take any action t h a t would result in an
immediate reduction or a reduction within three years of pupil square footage
t h a t would cause the school d i s t r i c t t o f a l l below the minimum adequate gross
square footage requi rements prescribed in section 15- 2011, subsection C ,
unless the governing board n o t i f i e s the school f a c i l i t i e s board established
by section 15- 2001 of the proposed action and receives written approval from
the school f a c i l i t i e s board to take t h e a c t i o n . A reduction includes an
iccrease i n administrative space t h a t results in a reduction of pupi 1 square
S . B . 1180
footage or sale of school s i t e s or buildings, or both. The sale of equipment
that results in an immediate reduction or a reduction within three years t h a t
fa1 1 s below the equipment requirements prescribed in section 15- 2011,
subsection B i s subject to commensurate withholding of school d i s t r i c t
capital outlay revenue limit monies pursuant to the direction of the school
f a c i l i t i e s board. Except as provided in section 15- 342. paragraph 10,
proceeds from t h e s a l e of school s i t e s , buildings or other equipment shall
be deposited in the school plant fund as provided in section 15- 1102.
H . Subsections C through F of this section apply to a county board of
supervisors and a county school superintendent when operating and
administering an accommodation school.
Sec. 2. Section 15- 342, Arizona Revised S t a t u t e s , i s amended to read:
15- 342. Di screti onarv Dowers
The governing board may:
1. Expel pupils for misconduct.
2. Exclude from grades one through eight children under six years of
age.
3. Make such separation of groups of pupils as i t deems advisable.
4. Maintain such special schools during vacation as deemed necessary
for the benefit of the pupils of the school d i s t r i c t .
5. Permit a superintendent or principal or representatives of the
superintendent or principal to travel for a school purpose, as determined by
a majority vote of the board. The board may permit members and members- elect
of the board to travel within or without the school d i s t r i c t for a school
purpose and receive reimbursement. Any expenditure for travel and
subsistence pursuant t o t h i s paragraph shall be as provided in t i t l e 38.
chapter 4 , a r t i c l e 2. The designated post of duty referred to in section
38- 621 shall be construed, for school d i s t r i c t governing board members, t o
be the member's actual place of residence, as opposed to the school d i s t r i c t
o f f i c e or the school d i s t r i c t boundaries. Such expenditures shall be a
charge against the budgeted school d i s t r i c t funds. The governing board of
a school d i s t r i c t shall prescribe procedures and amounts for reimbursement
of lodging and subsistence expenses. Reimbursement amounts shall not exceed
the maximum amounts established pursuant to section 38- 624, subsection C .
6. Construct or provide in rural d i s t r i c t s housing f a c i l i t i e s for
teachers and other school employees which the board determines are necessary
for the operation of the school.
7 . Sell or lease to the s t a t e , a county, a city or a t r i b a l government
agency. any school property required for a public purpose, provided the sale
or lease of the property will not a f f e c t the normal operations of a school
within the school d i s t r i c t .
8. Annually budget a n d expend funds for membership in an association
of scncol d i s t r i c t s within t h i s s t a t e .
9 . Enter into leases or lease- purchase agreements for school buildings
or grotinds, or both, as lessor or as l e s s e e , f o r periods of less t h a n f i v e
S. B. 1180
years s u b j e c t t o v o t e r approval f o r c o n s t r u c t i o n o f school b u i 1 d i n g s as
p r e s c r i b e d i n s e c t i o n 15- 341, s u b s e c t i o n A, paragraph 8.
10. S u b j e c t t o chapter 16 of t h i s t i t l e . s e l l school s i t e s o r e n t e r
i n t o leases o r l e a s e - p u r c h a s e agreements f o r school b u i l d i n g s and grounds,
as l e s s o r or as l e s s e e , f o r a p e r i o d o f f i v e years o r more, b u t n o t t o exceed
n i n e t y - n i n e y e a r s , i f a u t h o r i z e d by a v o t e o f t h e school d i s t r i c t e l e c t o r s
i n an e l e c t i o n c a l l e d by the g o v e r n i n g board as p r o v i d e d i n s e c t i o n 15- 491,
except t h a t a u t h o r i z a t i o n by t h e school d i s t r i c t e l e c t o r s i n an e l e c t i o n i s
n o t r e q u i r e d i f one o f t h e f o l l o w i n g r e q u i r e m e n t s i s met:
( a ) The m a r k e t v a l u e of t h e school p r o p e r t y i s l e s s than f i f t y
thousand do1 1 a r s .
( b ) The b u i l d i n g s and s i t e s a r e c o m p l e t e l y funded w i t h monies
d i s t r i b u t e d by t h e school f a c i l i t i e s board.
( c ) The t r a n s a c t i o n i n v o l v e s t h e s a l e o f improved or unimproved
p r o p e r t y pursuant t o an agreement w i t h t h e school f a c i l i t i e s board i n which
t h e school d i s t r i c t agrees t o s e l l t h e improved o r unimproved p r o p e r t y and
t r a n s f e r the proceeds o f t h e s a l e t o t h e school f a c i l i t i e s board i n exchange
f o r monies from t h e school f a c i l i t i e s board f o r t h e a c q u i s i t i o n of a more
s u i t a b l e school s i t e . F o r a s a l e o f p r o p e r t y a c q u i r e d by a school d i s t r i c t
p r i o r t o J u l y 9 , 1998. a s c h o o l d i s t r i c t s h a l l t r a n s f e r t o t h e school
f a c i l i t i e s board t h a t p o r t i o n o f t h e proceeds t h a t equals t h e c o s t of t h e
a c q u i s i t i o n o f a more s u i t a b l e school s i t e . If t h e r e are any r e m a i n i n g
proceeds a f t e r t h e t r a n s f e r o f funds t o t h e school f a c i l i t i e s board, a school
d i s t r i c t s h a l l o n l y use those r e m a i n i n g proceeds f o r f u t u r e l a n d purchases
approved by t h e school f a c i l i t i e s board, o r f o r c a p i t a l improvements n o t
funded by the school f a c i l i t i e s board f o r any e x i s t i n g o r f u t u r e f a c i l i t y .
( d l The t r a n s a c t i o n i n v o l v e s t h e s a l e o f improved or unimproved
p r o p e r t y pursuant t o a f o r m a l l y adopted p l a n and t h e school d i s t r i c t uses the
proceeds of t h i s s a l e t o purchase o t h e r p r o p e r t y t h a t w i l l be used f o r .
s i m i l a r purposes as t h e p r o p e r t y t h a t was o r i g i n a l l y s o l d , p r o v i d e d t h a t t h e
s a l e proceeds o f t h e improved o r unimproved p r o p e r t y are used w i t h i n two
years a f t e r t h e d a t e o f t h e o r i g i n a l s a l e t o purchase t h e replacement
p r o p e r t y . If t h e s a l e proceeds o f t h e improved o r unimproved p r o p e r t y a r e
not used w i t h i n two years a f t e r t h e d a t e o f t h e o r i g i n a l s a l e t o purchase
replacement p r o p e r t y , t h e s a l e proceeds s h a l l be used towards payment of any
o u t s t a n d i n g bonded indebtedness. I f any s a l e proceeds remain a f t e r p a y i n g
f o r o u t s t a n d i n g bonded indebtedness, o r i f t h e d i s t r i c t has no o u t s t a n d i n g
bonded i n d e b t e d n e s s , s a l e proceeds s h a l l be used t o reduce t h e d i s t r i c t ' s
p r i m a r y t a x l e v y . A school d i s t r i c t s h a l l n o t use t h e p r o v i s i o n s o f t h i s
s u b d i v i s i o n u n l e s s a1 1 o f t h e f o l l o w i n g c o n d i t i o n s e x i s t :
( i The school d i s t r i c t i s t h e s o l e owner o f t h e improved o r
u n i m ~ r o v e d p r o p e r t y t h a t t h e school d i s t r i c t i n t e n d s t o s e l l .
( ii) The school d i s t r i c t d i d n o t purchase t h e improved or unimproved
p r o p e r t y t h a t t h e school d i s t r i c t i n t e n d s t o s e l l w i t h monies t h a t were
d i s t r i b u t e d p u r s u a n t t o chapter 16 o f t h i s t i t l e .
S. B. 1180
( i i i l The t r a n s a c t i o n does n o t v i o l a t e s e c t i o n 15- 341, s u b s e c t i o n G.
11. Review t h e d e c i s i o n of a teacher t o promote a p u p i l t o a grade o r
r e t a i n a p u p i l i n a grade i n a common school o r t o pass or f a i l a p u p i l i n
a course i n h i g h s c h o o l . The p u p i l has t h e burden o f proof t o o v e r t u r n t h e
d e c i s i o n o f a teacher t o promote. r e t a i n , pass o r f a i l t h e p u p i l . I n o r d e r
t o s u s t a i n t h e burden o f p r o o f , t h e p u p i l s h a l l demonstrate t o t h e governing
board t h a t the p u p i l has mastered the academic standards adopted by t h e s t a t e
board o f e d u c a t i o n pursuant t o s e c t i o n s 15- 701 and 15- 701.01. If t h e
g o v e r n i n g board o v e r t u r n s t h e d e c i s i o n o f a t e a c h e r pursuant t o t h i s
paragraph, the g o v e r n i n g board s h a l l adopt a w r i t t e n f i n d i n g t h a t t h e p u p i l
has mastered t h e academic s t a n d a r d s . N o t w i t h s t a n d i n g t i t l e 38, c h a p t e r 3.
a r t i c l e 3.1, the g o v e r n i n g board s h a l l r e v i e w t h e d e c i s i o n of a t e a c h e r t o
promote a p u p i l t o a grade o r r e t a i n a p u p i l i n a grade i n a common school
o r t o pass or f a i l a p u p i l i n a course i n h i g h school i n e x e c u t i v e session
unless a parent o r l e g a l guardian o f t h e p u p i l o r t h e p u p i l , if emancipated,
disagrees t h a t t h e r e v i e w s h o u l d be conducted i n e x e c u t i v e session and then
t h e review s h a l l be conducted i n an open meeting. If t h e review i s conducted
i n e x e c u t i v e s e s s i o n , the board s h a l l n o t i f y t h e t e a c h e r of t h e d a t e , t i m e
and p l a c e o f the r e v i e w and s h a l l a l l o w t h e t e a c h e r t o be p r e s e n t a t t h e
review. I f the teacher i s not present a t t h e review, the board s h a l l c o n s u l t
w i t h t h e t e a c h e r b e f o r e making i t s d e c i s i o n . Any r e q u e s t , i n c l u d i n g t h e
w r i t t e n request as p r o v i d e d i n s e c t i o n 15- 341, t h e w r i t t e n evidence presented
a t t h e review and t h e w r i t t e n r e c o r d o f t h e r e v i e w , i n c l u d i n g t h e d e c i s i o n
o f t h e governing board t o accept or r e j e c t t h e t e a c h e r ' s d e c i s i o n , s h a l l be
r e t a i n e d by t h e g o v e r n i n g board as p a r t o f i t s permanent r e c o r d s .
12. Provide t r a n s p o r t a t i o n o r s i t e t r a n s p o r t a t i o n l o a d i n g and unloading
areas f o r any c h i l d or c h i l d r e n if deemed f o r t h e b e s t i n t e r e s t o f t h e
d i s t r i c t , whether w i t h i n o r w i t h o u t t h e d i s t r i c t , county o r s t a t e .
13. Enter i n t o i n t e r g o v e r n m e n t a l agreements and c o n t r a c t s w i t h school
d i s t r i c t s o r o t h e r g o v e r n i n g b o d i e s as p r o v i d e d i n s e c t i o n 11- 952.
14. I n c l u d e i n t h e c u r r i c u l a which it p r e s c r i b e s f o r h i g h schools i n
t h e school d i s t r i c t v o c a t i o n a l and t e c h n o l o g i c a l e d u c a t i o n programs and
v o c a t i o n a l and t e c h n o l o g i c a l program improvement s e r v i ces f o r t h e h i g h
schools, s u b j e c t t o approval by t h e s t a t e board o f education. The governing
board may c o n t r a c t f o r t h e p r o v i s i o n o f v o c a t i o n a l and t e c h n o l o g i c a l
e d u c a t i o n as p r o v i d e d i n s e c t i o n 15- 789.
15. Suspend a teacher o r a d m i n i s t r a t o r from h i s d u t i e s w i t h o u t pay f o r
a p e r i o d o f time o f n o t t o exceed t e n school days, i f t h e board determines
t h a t suspension i s w a r r a n t e d p u r s u a n t t o s e c t i o n 15- 341. s u b s e c t i o n A.
paragraphs 23 and 24.
16. D e d i c a t e s c h o o l p r o p e r t y w i t h i n an i n c o r p o r a t e d c i t y o r town t o
suck c i t y or town o r w i t h i n a county t o t h a t county f o r use as a p u b l i c
r i g h t - o f - w a y i f b o t h of the f o l l o w i n g a p p l y :
S. B. 1180
( a ) Pursuant t o an o r d i n a n c e adopted by such c i t y . town o r c o u n t y ,
t h e r e wi 11 be c o n f e r r e d upon t h e school d i s t r i c t p r i v i 1 eges and b e n e f i t s
which may i n c l u d e b e n e f i t s r e l a t e d t o z o n i n g .
( b ) The d e d i c a t i o n w i l l n o t a f f e c t t h e normal o p e r a t i o n of any school
w i t h i n t h e d i s t r i c t .
17. E n t e r i n t o o p t i o n agreements f o r t h e purchase o f school s i t e s .
18. Donate s u r p l u s or o u t d a t e d l e a r n i n g m a t e r i a l s t o n o n p r o f i t
communi t y o r g a n i z a t i o n s where t h e g o v e r n i n g b o a r d d e t e r m i n e s t h a t t h e
a n t i c i p a t e d c o s t of s e l l i ng t h e 1 e a r n i n g m a t e r i a l s equals or exceeds t h e
e s t i m a t e d m a r k e t v a l u e o f the m a t e r i a l s .
19. P r e s c r i b e p o l i c i e s f o r t h e assessment o f r e a s o n a b l e f e e s f o r
s t u d e n t s t o use d i s t r i c t - p r o v i d e d p a r k i n g f a c i l i t i e s . The fees a r e t o be
a p p l i e d by t h e d i s t r i c t s o l e l y a g a i n s t c o s t s i n c u r r e d i n o p e r a t i n g o r
s e c u r i n g t h e p a r k i n g f a c i l i t i e s . Any p o l i c y adopted by t h e g o v e r n i n g board
pursuant t o t h i s paragraph s h a l l i n c l u d e a f e e w a i v e r p r o v i s i o n i n
a p p r o p r i a t e cases o f need o r economic h a r d s h i p .
20. E s t a b l i s h a l t e r n a t i v e e d u c a t i o n a l programs t h a t a r e c o n s i s t e n t w i t h
t h e laws o f t h i s s t a t e t o educate p u p i l s , i n c l u d i n g p u p i l s who have been
r e a s s i g n e d p u r s u a n t t o s e c t i o n 15- 841, s u b s e c t i o n E or F.
21. R e q u i r e a p e r i o d o f s i l e n c e t o be observed a t t h e commencement o f
t h e f i r s t c l a s s o f t h e day i n t h e s c h o o l s . If a g o v e r n i n g board chooses t o
r e q u i r e a p e r i o d o f s i l e n c e t o be observed, t h e teacher i n charge o f t h e room
i n which t h e f i r s t c l a s s i s h e l d s h a l l announce t h a t a p e r i o d o f s i l e n c e n o t
t o exceed one minute i n d u r a t i o n w i l l be observed f o r m e d i t a t i o n , and d u r i n g
t h a t t i m e no a c t i v i t i e s s h a l l t a k e p l a c e and s i l e n c e s h a l l be m a i n t a i n e d .
22. Require s t u d e n t s t o wear u n i f o r m s .
2 3 . Exchange unimproved p r o p e r t y o r improved p r o p e r t y , i n c l u d i n g school
s i t e s , where t h e g o v e r n i n g board d e t e r m i n e s t h a t t h e improved p r o p e r t y i s
unnecessary f o r t h e c o n t i n u e d o p e r a t i o n o f t h e school d i s t r i c t w i t h o u t
r e q u e s t i n g a u t h o r i z a t i o n by a v o t e o f t h e school d i s t r i c t e l e c t o r s i f t h e
g o v e r n i n g b o a r d d e t e r m i n e s t h a t t h e exchange i s necessary t o p r o t e c t t h e
h e a l t h , s a f e t y o r w e l f a r e o f p u p i l s o r when t h e g o v e r n i n g b o a r d d e t e r m i n e s
t h a t t h e exchange i s based on sound business p r i n c i p l e s f o r e i t h e r :
( a ) Unimproved o r improved p r o p e r t y o f equal o r g r e a t e r v a l u e .
( b ) Unimproved p r o p e r t y t h a t t h e owner c o n t r a c t s t o improve i f t h e
value of t h e p r o p e r t y u l t i m a t e l y r e c e i v e d by t h e school d i s t r i c t i s o f equal
o r g r e a t e r v a l u e .
24. For common and h i g h school p u p i l s . assess reasonable fees f o r
o p t i o n a l e x t r a c u r r i c u l a r a c t i v i t i e s and programs conducted when t h e common
o r h i g h school i s n o t i n s e s s i o n , e x c e p t t h a t no fees s h a l l be charged f o r
p u p i l s ' access t o or use o f computers o r r e l a t e d m a t e r i a l s . For h i g h school
p u p i l s , t h e g o v e r n i n g board may assess r e a s o n a b l e f e e s f o r f i n e a r t s and
v o c a t s o n a l e d u c a t i o n courses and f o r o p t i o n a l s e r v i c e s , equipment and
m a t e r i a i s o f f e r e d t o t h e p u p i l s beyond those r e q u i r e d t o s u c c e s s f u l l y
complete t h e b a s i c r e q u i rements o f any o t h e r c o u r s e , e x c e p t t h a t no fees
S. B. 1180
shall be charged for pupils' access t o or use of computers or related
materials. Fees assessed pursuant t o t h i s paragraph shall be adopted a t a
public meeting a f t e r notice has been given to a l l parents of pupils enrolled
a t schools in the d i s t r i c t and shall not exceed t h e actual costs of the
a c t i v i t i e s , programs, services, equipment or materials. The governing board
shall authorize principals to waive the assessment of a l l or part of a fee
assessed pursuant t o t h i s paragraph i f i t creates an economic hardship for
a pupi 1. For the purposes of t h i s paragraph, " e x t r a c u r r i c u l a r a c t i v i t y "
means any o p t i o n a l , noncredit, educational o r r e c r e a t i o n a l a c t i v i t y which
supplements the education program of the school, whether offered before.
during or a f t e r regular school hours.
25. Notwithstanding section 15- 341, subsection A . paragraphs 8 and 10.
construct school buildings and purchase or lease school s i t e s , without a vote
of the school d i s t r i c t e l e c t o r s , i f the buildings and s i t e s are t o t a l l y
funded from one or more of the following:
( a ) Monies in t h e u n r e s t r i c t e d c a p i t a 1 outlay fund, except t h a t the
estimated cost shall not exceed two hundred f i f t y thousand d o l l a r s for a
d i s t r i c t t h a t u t i l i z e s the provisions of section 15- 949.
( b ) Monies d i s t r i b u t e d from the school faci 1 i t i e s board established
by section 15- 2001.
( c ) Monies specifically donated f o r the purpose of constructing school
bui 1 di ngs.
Nothing in t h i s paragraph shall be construed to eliminate the requirement for
an election t o r a i s e revenues for a c a p i t a l outlay override pursuant t o
section 15- 481 or a bond election pursuant to section 15- 491.
26. Conduct a background i n v e s t i g a t i o n t h a t includes a f i n g e r p r i n t
check conducted pursuant to section 41- 1750, subsection G for c e r t i f i c a t e d
personnel and personnel who are not paid employees of the school d i s t r i c t .
as a condition of employment. A school d i s t r i c t may release the r e s u l t s of
a background check to another school d i s t r i c t for employment purposes. The
school d i s t r i c t may charge the costs of f i n g e r p r i n t checks to i t s
fingerprinted employee, except t h a t the school d i s t r i c t may not charge the
costs of f i n g e r p r i n t checks for personnel who are not paid employees of the
school d i s t r i c t .
27. Sell advertising space on the e x t e r i o r of school buses as follows:
( a ) Advertisements shall be age appropriate and not contain promotion
of any substance t h a t i s i 1 legal for minors such as a1 coho1 , tobacco and
drugs or gambling. Advertisements shall comply with the s t a t e sex education
policy of abstinence.
( b) Advertising approved by the governing board may appear only on the
sides of the bus i n ' t h e following areas:
( i 1 The s i g n s s h a l l be below t h e s e a t level rub rai 1 a n d not extend
above ~ h ebo ttom of the side windows.
S. B. 1180
( i i ) The signs shall be a t l e a s t three inches from any required
l e t t e r i n g , lamp, wheel well or r e f l e c t o r behind the service door or stop
signal arm.
( i i i 1 The signs shall not extend from the body of the bus s o a s to
allow a handhold or present a danger to pedestrians.
( i v ) The signs shall not i n t e r f e r e with the operation of any door or
wi ndow .
( v ) The signs shall not be placed on any emergency doors.
( c ) Establish a school bus advertisement fund t h a t i s comprised of
revenues from the s a l e of advertising space on school buses. The monies in
a school bus advertisement fund are not subject to reversion and s h a l l be
used f o r t h e following purposes:
( i ) To comply with the energy conservation measures prescribed i n
section 15- 349 in school d i s t r i c t s t h a t are in area A as defined in section
49- 541, and any remaining monies shall be used to purchase a l t e r n a t i v e fuel
support vehicles and any other pupil related costs as determined by the
governing board.
( i i ) For any pupil r e l a t e d c o s t s as determined by the governing board
in school d i s t r i c t s not subject to the provisions of item ( i ) of t h i s
subdi vi s i o n .
28. Assess reasonable damage deposits t o pupils i n grades seven
through twelve f o r t h e use of textbooks, musical instruments, band uniforms
or other equipment required for academic courses. The governing board shall
adopt p o l i c i e s on any damage deposits assessed pursuant t o t h i s paragraph a t
a public meeting c a l l e d for t h i s purpose a f t e r providing notice t o a l l
parents of pupils in grades seven through twelve i n t h e school d i s t r i c t .
Principals of individual schools within the d i s t r i c t may waive the damage
deposit requirement f o r any textbook or other item i f the payment of the
damage deposit would create an economic hardship for the pupil. The school
d i s t r i c t shall return the f u l l amount of the damage deposit for any textbook
or other item i f the pupil r e t u r n s t h e textbook or other item in reasonably
good condition within the time period prescribed by the governing board. For
the purposes of t h i s paragraph. " in reasonably good condition" means the
textbook or other item i s in the same or a s i m i l a r condition as i t was when
the pupil received i t , plus ordinary wear and t e a r .
29. NOTWITHSTANDING SECTION 15- 1105. EXPEND SURPLUS MONIES IN THE
CIVIC CENTER SCHOOL FUND FOR MAINTENANCE AND OPERATIONS OR UNRESTRICTED
CAPITAL OUTLAY, IF SUFFICIENT MONIES ARE AVAILABLE IN THE FUND AFTER MEETING
THE NEEDS OF PROGRAMS ESTABLISHED PURSUANT TO SECTION 15- 1105.
30. NOTWITHSTANDING SECTION 15- 1143, EXPEND SURPLUS MONIES IN THE
COMMUNITY SCHOOL PROGRAM FUND FOR MAINTENANCE AND OPERATIONS OR UNRESTRICTED
CAPITAL OUTLAY, IF SUFFICIENT MONIES ARE AVAILABLE IN THE FUND AFTER MEETING
THE KEEDS OF PROGRAMS ESTABLISHED PURSUANT TO SECTION 15- 1142.
S. B. 1180
Sec. 3. School d i s t r i c t u n i f i c a t i o n and consol i d a t i o n
commission: membership: d u t i e s
A. The school d i s t r i c t u n i f i c a t i o n and consol i d a t i o n commission i s
e s t a b l i s h e d c o n s i s t i n g o f t h e f o l l o w i n g members:
1. Three members o f t h e house o f r e p r e s e n t a t i v e s , no more than two o f
whom a r e members o f the same p o l i t i c a l p a r t y . who are a p p o i n t e d by t h e
speaker o f t h e house o f r e p r e s e n t a t i v e s .
2. Three members o f t h e senate, no more than two o f whom are members
of t h e same p o l i t i c a l p a r t y , who are a p p o i n t e d by t h e p r e s i d e n t o f t h e
s e n a t e .
3. The s u p e r i n t e n d e n t of p u b l i c i n s t r u c t i o n o r t h e s u p e r i n t e n d e n t ' s
d e s i gnee.
4. The e x e c u t i v e d i r e c t o r o f t h e school f a c i l i t i e s board o r t h e
e x e c u t i v e d i r e c t o r ' s designee.
5. One member o f an o r g a n i z a t i o n t h a t r e p r e s e n t s t a x p a y e r s i n t h i s
s t a t e who i s a p p o i n t e d by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .
6. One member who has e x p e r t i s e i n school f i n a n c e and who i s appointed
by t h e p r e s i d e n t o f t h e senate.
7. One member who has e x p e r t i s e i n demographics and who i s a p p o i n t e d
by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .
8. One member who i s employed as a t e a c h e r i n a school d i s t r i c t i n
t h i s s t a t e and who i s a p p o i n t e d by t h e p r e s i d e n t o f t h e senate.
9. One member who i s an e l e c t e d school d i s t r i c t governing board member
o f a school d i s t r i c t t h a t q u a l i f i e s f o r t h e s m a l l s c h o o l a d j u s t m e n t
p r e s c r i b e d i n s e c t i o n 15- 949. Arizona Revised S t a t u t e s , and who i s appointed
by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .
10. One member who i s an e l e c t e d school d i s t r i c t g o v e r n i n g b o a r d
member o f a u n i f i e d school d i s t r i c t and who i s a p p o i n t e d by the p r e s i d e n t o f
t h e senate.
11. One member who i s a superintendent o f a common school d i s t r i c t and
who i s a p p o i n t e d b y t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .
1 2 . One member who i s a superintendent o f a union h i g h school d i s t r i c t
and who i s a p p o i n t e d by t h e p r e s i d e n t o f t h e senate.
13. One member who i s a c o u n t y s c h o o l s u p e r i n t e n d e n t and who i s
a p p o i n t e d by t h e speaker o f t h e house o f r e p r e s e n t a t i v e s .
14. One member who i s t h e parent o f a c h i l d e n r o l l e d i n a k i n d e r g a r t e n
program o r any grade one through e i g h t i n a school d i s t r i c t i n t h i s s t a t e and
who i s appointed by t h e p r e s i d e n t o f t h e senate.
15. One member who i s t h e parent o f a c h i l d e n r o l l e d i n any grade n i n e
t h r o u g h t w e l v e i n a school d i s t r i c t i n t h i s s t a t e and who i s appointed by the
speaker of the house o f r e p r e s e n t a t i v e s .
3. The commission s h a l l e l e c t a c h a i r p e r s o n and a cochai rperson from
t h e meinhers. A quorum s h a l l c o n s i s t o f a m a j o r i t y o f t h e members.
C. The commission s h a l l :
S. B. 1180
1. Study t h e c o s t s and b e n e f i t s o f u n i f i c a t i o n o r c o n s o l i d a t i o n o f
school d i s t r i c t s , o r b o t h , i n c l udi ng any p o t e n t i a1 savings a s s o c i a t e d w i t h
a r e d u c t i o n i n a d m i n i s t r a t i v e p e r s o n n e l .
2. Examine v a r i o u s models f o r u n i f i c a t i o n or c o n s o l i d a t i o n o f school
d i s t r i c t s , o r b o t h , t a k i n g i n t o c o n s i d e r a t i o n t h e demographics o f t h i s s t a t e
and academic research r e g a r d i n g t h e o p t i m a l s i z e o f school d i s t r i c t s .
3. Examine t h e impact o f school d i s t r i c t u n i f i c a t i o n and
c o n s o l i d a t i o n , o r b o t h , on each o f t h e f o l l o w i n g :
( a ) School d i s t r i c t taxes and i n d e b t e d n e s s .
( b ) Academi c c u r r i c u l a.
( c) S p e c i a l s e r v i c e s .
( d l School f a c i l i t i e s .
( e l School p e r s o n n e l .
( f ) T r a n s p o r t a t i o n o f p u p i l s .
( g ) School d i s t r i c t governance and e l e c t i o n s .
( h ) D e s e g r e g a t i o n o r d e r s and agreements.
( i 1 E x t r a c u r r i c u l a r a c t i v i t i e s .
4. Submit a r e p o r t t h a t summarizes i t s f i n d i n g s and recommendations.
i n c l u d i n g any proposed l e g i s l a t i o n f o r i n t r o d u c t i o n i n t h e f o r t y - s i x t h
l e g i s l a t u r e , second r e g u l a r s e s s i o n , t o t h e g o v e r n o r , t h e p r e s i d e n t o f t h e
senate and t h e speaker o f t h e house o f r e p r e s e n t a t i v e s on or b e f o r e November
15. 2003. A copy o f t h i s r e p o r t s h a l l be d e l i v e r e d t o t h e s e c r e t a r y o f s t a t e
and t h e d i r e c t o r o f t h e Arizona s t a t e l i b r a r y , a r c h i v e s and p u b l i c r e c o r d s .
Sec. 4. Delayed r e p e a l
S e c t i o n 3 o f t h i s a c t , r e l a t i n g t o t h e school d i s t r i c t u n i f i c a t i o n and
c o n s o l i d a t i o n commission. i s repealed from and a f t e r December 31. 2003.
GOVERMlR MAY 29, 2002,
Select Statutes from Title 15, Chapter 4. Article 3 Attachment 4
15- 443. Formation of new common school district
A. New common school districts may be formed in unorganized territory on presentation to the
county school superintendent of a petition which:
1. Is signed by the parents or guardians of at least ten pupils. Persons who sign the petition shall:
( a) Be residents of the proposed new common school district.
( b) Reside more than four miles from any school district schoolhouse.
2. Set forth the boundaries of the proposed common school district.
B. For any common school district formed after July 1, 1988, the tax rate levied for the district shall
be at a rate not less than the rate prescribed in section 15- 971, subsection B, paragraph 2. Any monies
received from the tax levy in excess of the additional amounts prescribed in section 15- 991 shall be deposited
in the state general fund.
15- 444. Formation of union high school district; petition for establishment; election; notice
A. Two or more adjoining school districts jointly having a student count of not less than two hundred
pupils and an assessed valuation of not less than two million dollars may unite and form a union high school
district. No union high school district may be formed of territory already embodied in a union high school
district unless the remaining territory of the original union high school district is contiguous and has an
assessed valuation of not less than five million dollars.
B. If a majority of the governing boards of each of two or more adjoining school districts unites in a
petition to the county school superintendent for establishment of a union high school district, or if ten per cent
of each of two or more adjoining school districts unite in a petition for establishment of a union high school
district, the county school superintendent shall call an election to be held at the next regular election of the
governing board, if within ninety days after receipt of the petition, to determine the question, or a special
election called for that purpose within sixty days.
C. Public notices of the election, not less than three in each school district comprising the proposed
union high school district, shall be posted, one to be upon the door of the schoolhouse in each district, at least
@ ten days before the election.
D. The election shall be conducted as nearly as practicable in the manner prescribed in section
15- 459. The ballots shall contain the words " union high school district, yes" and " union high school district,
no", and the voter shall sign@ his desired choice.
E. If a majority of the persons voting within each school district comprising the proposed union high
school district votes in favor of establishment of a union high school district, the union high school district
shall become effective as provided in section 15- 459, subsection G.
F. If a union high school district is established from a unified school district as provided in this
section, a common school district is established with boundaries coterminous with the boundaries of the
former unified school district.
15- 444.01. Common school districts within a hiph school district; proposed expansion or
reduction; notification
The governing board of a common school district that is located within a high school district shall
notify and obtain permission from the governing board of the high school district before taking any action that
results in the expansion or reduction of the common school district's boundaries. The notification and
permission required by this section shall take place at least ninety days before the beginning of the fiscal year
in which the proposed expansion or reduction is scheduled to take effect.
15- 448. Formation of unified school district: board membership; budget
A. One or more common school districts and a high school district with coterminous or overlapping
boundaries may establish a unified school district pursuant to this section. Unification of a common school
district and a high school district is not authorized by this section if any of the high school facilities owned by
the new unified school district would not be located within its boundaries.
B. Formation of a unified school district shall be by resolutions approved by the governing boards of
the unifying school districts and certification of approval by such governing boards to the county school
superintendent of the counv or counties in which such individual school districts are located. A common
Select Statutes from Title 15, Chapter 4. Article 3
school district and high school district that unify pursuant to this section shall not exclude from the same
unification a common school district that has overlapping boundaries with the high school district and that
wishes to unify. The formation of a unified school district shall become effective on July 1 of the next fiscal
year following the certification of the county school superintendent. An election shall not be required to form
a unified school district pursuant to this section.
C. The boundaries of the unified school district shall be the boundaries of the former common school
e
district or districts that unify. The boundaries of the common school district or districts that are not unifying
remain unchanged. The county school superintendent, immediately upon receipt of the approved resolutions
prescribed by subsection B of this section, shall file with the board of supervisors, the county assessor and the
superintendent of public instruction a transcript of the boundaries of the unified school district. The
boundaries shown in the transcript shall become the legal boundaries of the school districts on July 1 of the
next fiscal year.
D. On formation of the unified school district, the governing board shall contain the members of the
former school district governing boards and the members shall hold office until January 1 following the first
general election after formation of the district.
E. Beginning January 1 following the first general election after formation of the unified school
district, the governing board shall have five members. At the first general election after the formation of the
district, members shall be elected in the following manner:
1. The three candidates receiving the highest, the second highest and the third highest number of
votes shall be elected to four year terms.
2. The two candidates receiving the fourth and fifth highest number of votes shall be elected to two
year terms. Thereafter all offices shall have four year terms.
F. The new unified school district may appoint a resident of the remaining common school district to
serve as a nonvoting member of the governing board to represent the interests of the high school pupils who
reside in the remaining common school district and attend the unified school district.
G. For the first year of operation, the unified school district governing board shall prepare a
consolidated budget based on the student counts from the school districts comprising the unified school
district, except that for purposes of determining budget amounts and equalization assistance, the student count
for the former high school district shall not include the prior year average daily membership attributable to
high school pupils from a common school district that was part of the former high school district but is not
part of the unified 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 and shall not include such pupils for
the purpose of making any adjustment for rapid decline in student count pursuant to section 15- 942. The
unified school district may budget for unification assistance pursuant to section 15- 912.01.
H. The governing board of the unified school district shall prepare policies, curricula and budgets for
the district. These policies shall require that:
1. The base compensation of each certificated teacher for the first year of operation of the new
unified school district shall not be lower than the certificated teacher's base compensation for the prior year in
the previously existing school districts.
2. The certificated teacher's years of employment in the previously existing school districts shall be
included in determining the teacher's certificated years of employment in the new unified school district.
I. Upon formation of a unified school district any existing override authorization of the former high
school district and the former common school district or districts shall continue until expiration based on the
revenue control limit of the school district or districts that had override authorization prior to unification. The
unified school district ma), request nev override authorization for the budget year as provided in section
15- 481 based on the combined re\ enue control limit of the new district after unification. If the unified school
district's request for override author~ zation is approved, it will replace any existing override for the budget
year.
J. The unified school d~ str~ schta ll admit high school pupils who reside in a common school district
that was located within the boundar~ es of the former high school district. Tuition shall be paid to the unified
school district by the common school district in which such pupils reside. Such tuition amount shall be
calculated in accordance with sect~ on 15- 824. subject to the following modifications:
Select Statutes from Title 15, Chapter 4. Article 3
1. If the former high school district had outstanding bonded indebtedness at the time of unification,
the combined tuition for the group of high school pupils who reside in each common school district shall
include a debt service amount for the former high school district's outstanding bonded indebtedness that is
determined as follows:
( a) Divide the total secondary assessed valuation of the common school district in which the group of
pupils reside by the total secondary assessed valuation of the former high school district.
( b) Multiply the quotient obtained in subdivision ( a) of this paragraph by the unified school district's
annual debt service expenditure.
( c) For the purposes of this paragraph, " secondary assessed valuation" means secondary assessed
valuation for the tax year prior to the year when the unification occurs and includes the values used to
determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1,
article 8.
2. The debt service portion of such tuition payments calculated pursuant to paragraph 1 of this
subsection shall be used exclusively for debt service of the outstanding bonded indebtedness of the former
high school district. When such indebtedness is hlly extinguished, the debt service portion of a pupil's tuition
shall be determined in accordance with paragraph 3 of this subsection.
3. If the former high school district had no outstanding bonded indebtedness at the time of
unification, the tuition calculation shall include the actual school district expenditures for the portion of any
debt service of the unified school district that pertains to any construction or renovation of high school
facilities divided by the school district's student count for the high school portion of the school district.
4. The unified school district shall not include in the tuition calculation any debt service that pertains
to any construction or renovation of school facilities for preschool through grade eight.
5. Notwithstanding section 15- 95 1, subsection H, 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.
K. All assets and liabilities of the unifying school districts shall be transferred and assumed by the
new unified school district. Any existing bonded indebtedness of a common school district or a high school
district unifying pursuant to this section shall be assumed by the new unified school district and shall be
regarded as an indebtedness of the new unified school district for the purpose of determining the debt
incurring authority of the district. Taxes for the payment of such bonded indebtedness shall be levied on all
taxable property in the new unified school district, but nothing in this subsection shall be construed to relieve
from liability to taxation for the payment of all taxable property of the former high school district if necessary
to prevent a default in the payment of any bonded indebtedness of the former high school district. The
residents of a common school district that does not unify shall not vote in bond or override elections of the
unified school district and shall not be levied for taxes as a result of a bond or override election of the unified
school district.
L. If the remaining common school district had authorization for an override as provided in section
15- 48 1 or 15- 482, the override authorization continues for the remaining common school district or districts in
the same manner as before the formation of 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.
N. Nothing in this section shall be construed to relieve a school district formed pursuant to section
15- 457 or 15- 458 of its liability for any outstanding bonded indebtedness.
15- 449. Formation of unified school district bv common school district; petition for
establishment; election: notice
A. A common school district having a student count of not less than two hundred pupils and an
assessed valuation of not less than two million dollars may, by a majority vote of the qualified school electors
of the school district, establish a unified school district with boundaries coterminous with the boundaries of
the common school district.
B. If a majorib of the governing board of the common school district unites in a petition to the
county school superintendent for establishment of a unified school district, or if ten per cent of the residents of
the common school district unite in a petition for establishment of a unified school district, the county school
Select Statutes from Title 15, Chapter 4. Article 3
superintendent shall call an election to be held at the next regular election of the governing board, if within
ninety days after receipt of the petition, to determine the question, or shall call a special election for that
purpose within sixty days.
C. Not less than five public notices of the election shall be posted, one to be on the door of the
schoolhouse in the district, at least ten days before the election.
D. The election shall be conducted as nearly as practicable in the manner prescribed in section
15- 459. The ballots shall contain the words " unified school district, yes" and " unified school district, no", and
the voter shall signify his desired choice.
E. If a majority of the persons voting in the common school district votes in favor of establishment of
a unified school district, the unified school district becomes effective as provided in section 15- 459,
subsection G.
15- 450. Formation of a new joint unified school district; petition: report; election: notice;
ballots; canvass of votes; appointment of governing board
A. Notwithstanding any other statute, a new joint unified school district may be formed if the
formation is approved by the state board of education and if the following requirements are met:
1. The boundaries of the proposed new joint unified school district include an incorporated city that
is divided by two counties.
2. The proposed new joint unified school district includes territory within the boundaries of two or
more existing school districts.
3. The proposed new joint unified school district would have a student count of not less than six
hundred.
4. A high school is not located within the boundaries of the proposed new joint unified school
district.
5. The assessed valuation of the proposed school district is at least two million dollars.
6. The governing boards of the districts affected have been given notice of the proposed change and
an opportunity to be heard pursuant to section 15- 442, subsection B.
B. If it is desired that a new joint unified school district be formed pursuant to the provisions of this
section, ten per cent or more of the qualified electors residing within the boundaries of the proposed joint
unified school district shall file petitions with the county school superintendents of the counties in which the
territory of the proposed district is situated. The petitions shall describe the territory to be included in the
proposed joint unified school district and shall request that the formation of the proposed district be submitted
to the qualified electors who reside within the proposed district.
C. Each county school superintendent with whom petitions for the formation of a joint unified school
district are filed shall examine the petitions within fifteen days of the date of receipt to determine their
sufficiency including the adequacy of the signatures from the portion of the proposed district within his
county. If the petitions are found sufficient, the county school superintendent shall transmit the petitions to
the state board of education.
D. The state board of education shall promptly schedule a review of the issue of the formation of the
proposed joint unified school district after receiving the petitions from the county school superintendents
pursuant to subsection C of this section. The board shall approve or reject the formation of the proposed joint
unified school district within sixty days of the date of receipt of the petitions. The board shall consider:
1. Operational costs of the existing and proposed districts.
2. Travel times and distances.
3. Climatic conditions.
4. Local terrain.
5. The number of pupils.
6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school
district to a proposed jo~ ntu nified school district.
7. Whether the assessed valuation of the proposed joint unified school district is sufficient to support
the district in a manner comparable to other districts of similar size.
Select Statutes from Title 15, Chapter 4. Article 3
If the state board after considering all such factors determines that the proposed new district will not cause an
undue adverse effect on the operations of any existing school district, jeopardize the operation of the proposed
joint common school district or cause a disproportionate amount of taxable wealth to be redistributed, it shall
approve the petitions and return them to the respective county school superintendents.
E. On approval from the state board of education, the county school superintendent of each county
whose territory or a portion of whose territory will be included in the proposed joint unified school district
shall submit the question of the formation of the proposed joint unified school district to the voters at a general
election or at a special election to be held for that purpose. If no general election is scheduled to be held
within sixty days after the date the county school superintendent receives the approved petitions from the state
board of education, he shall promptly call a special election to be held within sixty days after receipt of the
approved petitions. Notice of the election shall be given by the county school superintendent to the boards of
supervisors. At least ten days before the election, the county school superintendent shall cause notice of the
proposed election to be posted in not less than three public places in the proposed district and to be published
at least once in a newspaper of general circulation in the proposed district. The notice shall state the
following:
1. The question to be voted on and the boundaries of the proposed joint unified school district with
sufficient definiteness to make them readily ascertainable.
2. A description of voter qualifications, including requirements that the voters shall be residents of
the proposed district.
3. The location of voting places within the proposed district, at least one of which shall be in each
county.
F. Within ten days after the election the county school superintendent and the chairman of the board
of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons
who reside within the proposed district favors formation of the proposed joint unified school district, the
boards of supervisors shall jointly declare the election and the joint unified school district shall become
operative from and after June 30 next following the election.
G. If the joint unified school district includes territory located in two or more counties, the county of
jurisdiction is the county in which the largest number of qualified electors of the joint unified school district
resides, except that if all of the existing school buildings are located in one county, that county is the county of
jurisdiction. The county school superintendent of the jurisdictional county shall perform all duties for and
with respect to the joint unified school district required to be performed by county school
superintendents. The board of supervisors of the jurisdictional county shall perform all duties for and with
respect to the joint unified school district required to be performed by boards of supervisors, except that
school district taxes to be levied on property in the portion of the joint unified school district lying in another
county shall be levied by the board of supervisors of the other county or counties and on receipt shall be
transferred to the county ofjurisdiction.
H. If a new joint unified school district is authorized, the governing boards of the existing school
districts shall prepare a projected list of assets for the existing districts prior to the end of the fiscal year in
which the election is held. The governing boards of the original school districts and the new joint unified
school district shall prepare a final statement of assets for the formerly existing school districts as of the end of
the fiscal year in which the election was held and shall have the statement of cash and bonded indebtedness
certified by the county treasurers by August 30 of the year in which the new school district becomes
operative. The governing boards of the original school districts and the new joint unified school district shall
set aside sufficient assets or provide other means to satisfy the liabilities of the former existing districts except
for bonded indebtedness and approve the final division of all assets by September 15 of the year in which the
new school district becomes operative. If one or more of the governing boards fail to provide for satisfying
the liabilities and fail to approve the division of assets by September 15, the county attorney or attorneys shall
determine the means to satisfy the liabilities and final division of assets by October 1 of the fiscal year in
which the new school district becomes operative.
I. The division of bonded indebtedness of the original school districts shall be in accordance with the
provisions of section 15- 457. subsection B. In addition, any debt due to lease purchase agreements shall be
handled in a similar manner as outlined for bonded indebtedness in section 15- 457, subsection B.
Select Statutes from Title 15, Chapter 4. Article 3
J. Sections 15- 457, 15- 975 and 15- 997 apply to joint unified school districts formed under this
section.
K. A joint unified school district shall not be formed if any of the resulting school districts would
have a student count for the current year of less than six hundred.
L. The governing board of the joint unified school district shall prepare policies, curricula and
budgets for the new school district. These policies shall require that:
1. The base salary of each teacher for the first year of operation of the new school district shall not be
lower than the teacher's base salary for the prior year in the previously existing school district.
2. The teacher's years of employment in the previously existing school district shall be included in
determining the teacher's years of employment in the new joint unified school district.
M. If a new joint unified school district is authorized, the governing board of a district which will
have its boundaries reduced by creation of the new joint unified district may hold an override election for the
year beginning July 1 after the election that authorized the formation of the new joint unified district. The
governing board of a school district which will have its boundaries reduced by creation of the new joint
unified district may hold a bond election for bonds applicable to and paid solely by the school district as it will
exist after the formation of the new joint unified school district. The electors who reside in an area which
property will not be subject to taxation for operation or payment of the bonds of the school district calling the
override or band election after creation of the new joint unified school district are not eligible to vote in such
an override or bond election.
15- 45 1. Appointment of governing board for ioint unified school districts
A. If the election results in the formation of the joint unified school district, the governing board shall
contain the same governing board members of the former school district governing boards. The members
shall have authority to adopt a budget and perform such other functions necessary for the school district to
become operative at the beginning of the next fiscal year and shall serve until January 1 following the next
general election. At the general election held next following the formation and thereafter, members shall be
elected as prescribed in section 15- 448, subsection E, except that all governing board members of a newly
formed unified school district shall be elected to four year terms at the first general election.
B. If any members of the governing boards of the original school districts are residents of the new
joint unified school district, those members shall continue to serve on the governing boards of the original
school districts until the joint unified school district becomes operative and upon the joint unified school
district becoming operative shall be replaced by members who are appointed by the appropriate county school
superintendent. The appointed members shall serve until January 1 following the next general election. At
the general election next following the formation, new members shall be elected as prescribed in section
15- 448, subsection E, except that all governing board members of a newly formed unified school district shall
be elected to four year terms at the first general election.
15- 453. Authorih~ to form ioint common school districts; applicabilitv of laws governing
other school districts
A. Joint common school districts may be created lying in part in each of two or more counties in the
manner set forth in this article. Except as expressly provided in this title, each such district shall have all
powers and duties and shall be operated and maintained and shall follow and be subject to such procedures as
may be provided by law for the operation of other school districts.
B. Each joint common school district shall be designated as joint common school district No.
( insert the number of the district). of counties ( insert the name
of each county).
C. The provisions of section 15- 460, relating to change of district boundaries, are not applicable to
the formation of a joint common school district and a joint high school district pursuant to the provisions of
this article.
15- 454. Authorih~ to form ioint unified or ioint high school districts; applicabilitv of other
laws governing other school districts
Select Statutes from Title 15, Chapter 4. Article 3
Joint unified school districts or joint high school districts may be created lying in part in each of two
or more counties in the same manner as joint common school districts may be created under this article, except
as expressly provided in sections 15- 450 and 1 5- 45 1. Except as expressly provided in sections 1 5- 429,
15- 450, 15- 15], 15- 453 and 15- 455 through 15- 457, section 15- 491, subsection 8, and sections 15- 975 and
15- 997, each joint high school district or joint unified school district shall have all powers and duties, shall be
operated and maintained and shall follow and be subject to procedures as may be provided by law for the
operation of other school districts.
15- 455. Formation of ioint common school district: petition; election: notice; canvass
A. A petition for the creation of a joint common school district shall include the following:
1. A description of the territory comprising the proposed district.
2. A request that the question of the creation of the proposed district be submitted to the qualified
electors residing within each of the affected districts.
3. The signatures of not less than ten per cent of the qualified electors residing within the portion of
the proposed district within the respective county involved. The county school superintendent of each county
whose territory, or a portion thereof, will be included in the proposed district shall receive the petitions
containing signatures of residents of his county.
B. Each county school superintendent with whom a petition for the creation of a joint common school
district is filed shall, within fifteen days of the date of receipt, examine the petition to determine its sufficiency
including the adequacy of the signatures from the portion of the proposed district within his county. If the
petition is found sufficient, the county school superintendent shall transmit the petition to the state board of
education.
C. If the petitions for the creation of the proposed joint common school district are found sufficient
by the county school superintendent of each county whose territory or a portion thereof is to be included in the
proposed district, the state board of education shall promptly schedule a review of the issue of the creation of
the proposed joint common school district. Such review and the board determination on the issue of the
creation of the proposed joint common school district shall be completed within sixty days of the date of
receipt of the final petition.
D. The review of the issue of the creation of a proposed joint common school district shall include
consideration of the following factors:
1. Operational costs.
2. Travel times and distances.
3. Climatic conditions.
4. Local terrain.
5. Number of pupils.
6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school
district to a proposed joint common school district. If the state board after considering all such factors
determines that the proposed new district will not cause an undue adverse effect on the operations of any
existing school district or jeopardize the operation of the proposed joint common school district or cause a
disproportionate amount of taxable wealth to be redistributed, it shall approve the petitions and return them to
the respective county school superintendents.
E. Upon recelpt of the approved petitions the county school superintendent of each county whose
territory, or a port~ on thereof, will be included in the proposed joint common school district shall submit the
question of the format~ on of the proposed joint common school district at a general election, or at a special
election to be held for that purpose. If no general election will be held within sixty days after the date the
county school supcrlnte~~ denret ceives the approved petition from the state board of education, he shall
promptly call a spec~ ale lect~ onto be held within forty- five days after receipt of the approved petition. Notice
of such election sllall be ? I\ en by the county school superintendent to the boards of supervisors.
F. The count! school superintendent shall cause notice of the proposed election to be posted in not
less than three public places in the area within each of the affected districts and to be published one time in a
newspaper of general circulation in each county, such posting and publication to be made at least ten days
before the election Such notice shall state the following:
Select Statutes from Title 15, Chapter 4. Article 3
1. The question to be voted on and the boundaries of the proposed joint common school district with
sufficient definiteness to make them readily ascertainable.
2. Voter qualifications.
3. The voting places within each of the affected districts. There shall be at least one voting place in
each county. The election shall be called and held, and voters shall possess qualifications as prescribed for the
election of governing boards and shall be residents of the territory within each of the affected districts. Ballots
shall be prepared and the officers of election appointed by the county school superintendent.
G. On the fifth day after the election the county school superintendent and the chairman of the board
of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons
who reside within each of the affected districts is in favor of creation of the proposed joint common school
district, the boards of supervisors shall jointly declare the election and the joint common school district is
established. For the purpose of this subsection a majority of the votes cast in each county of persons who
reside within each of the affected districts means a majority vote of the qualified electors voting in each
county in each part of an affected existing school district or affected area to be included in the proposed joint
common school district and a majority vote of the qualified electors voting in each county in each part, if any,
of an affected school district not to be included in the proposed joint common school district.
15- 457. Formation of new joint common school district by subdivision of existing school
district; effect on bonded indebtedness: transfer of propem
A. Any territory incorporated into a joint common school district which is at the time of the creation
of such joint common school district part of an existing school district shall thereafter be considered detached
from the existing school district.
B. If any such existing school district has outstanding bonded indebtedness, liability for the payment
of principal of and interest on such bonded indebtedness shall be prorated between the existing school district
and the new joint common school district in the same proportion as the assessed valuation of taxable property
in the existing school district bears to the assessed valuation of taxable property in the detached territory, such
valuations to be determined according to the assessment rolls of the county in which the existing school
district is located, as such rolls exist at the time of the creation of the new joint common school district. Taxes
for the payment of such portion of the principal and interest shall be levied on all taxable property in the new
joint common school district, but nothing in this subsection shall be construed to relieve from liability to
taxation for the payment thereof all taxable property in the theretofore existing school district if necessary to
prevent a default in such payment. Voter approval of the creation of the joint common school district shall
constitute an approval of such assumption of indebtedness.
C. All school buildings located in the detached territory, as provided in this subsection, together with
all equipment and furnishings, shall become the property of the new joint common school district, and the
intangible property of the existing school district shall be prorated between the two districts on the same basis
used to determine the amount of bonded indebtedness to be assumed.
D. Any assumed indebtedness shall be regarded as an indebtedness of the new joint common school
district for the purpose of determining the debt incurring authority of the new joint common school district
and the existing scliool district.
15- 458. Formation of new district or districts by subdivision of existing district; division of
assets
A. In a school district containing a student count of more than six hundred, a new school district or
districts may be formed by a subdivision of the existing school district.
B. On the request of the governing board or on receipt of petitions bearing the signatures of at least
ten per cent of the qualified electors in the area proposed to be a new school district or the signatures of at
least fifty of the qualified electors in the area proposed to be a new school district, whichever is more, and at
least ten per cent of the qualified electors in the area proposed to continue as the existing school district or at
least fifty signatures of the qualified electors in the area proposed to continue as the existing school district,
whichever is more, the county school superintendent shall within ten days call an election to determine if the
existing school district should be divided and a newr school district or districts formed, except that if the
existing school district is a union high school district, the county school superintendent shall call the election
Select Statutes from Title 15, Chapter 4. Article 3
only on the request of the governing boards of the union high school district and each of the common school
districts comprising the union high school district or on receipt of petitions bearing the signatures of at least a ten per cent of the qualified electors in each of the common school districts or at least fifty signatures of the
qualified electors in each of the common school districts, whichever is more. This subsection does not require
the submission of the signatures of more than fifty per cent of the qualified electors of the existing school
district to the county school superintendent in order to call an election for the purposes of this section. The
petition shall state the proposed boundaries of the school district or districts to be formed together with the
student count, specific reasons why it is in the best interest of the current district residents to have a new
district or districts formed and the amount of real property valuation within the school district or districts to be
formed. No new school district may be formed unless the state board of education determines that the real
property valuation per student count is sufficient to support the school district in a manner comparable to other
school districts of similar size and that a sufficient number of pupils will exist in each of the new districts to
ensure that educational programs and services will be of similar or better quality after the subdivision.
C. The election shall be held concurrently and as provided in section 15- 459, except that a majority
of the votes cast by the qualified electors in each of the areas proposed as a school district must approve the
division of the existing school district and the formation of the new school district.
D. The governing board of the existing school district shall prepare a projected list of assets for the
existing district prior to the end of the fiscal year in which the election is held. The governing boards of the
original and new school district or districts shall prepare a final statement of assets for the formerly existing
school district as of the end of the fiscal year in which the election was held and shall have the statement of
cash and bonded indebtedness certified by the county treasurer by August 30 of the year in which the new
school district or districts become operative. The governing boards of the original school district and the new
school district or districts shall set aside sufficient assets or provide other means to satisfy the liabilities of the
former existing district except for bonded indebtedness and approve the final division of all assets by
September 15 of the year in which the new school district or districts become operative. If one or more of the
governing boards fail to provide for satisfj4ng the liabilities and fail to approve the division of assets by a September 15, the county attorney shall determine the means to satisfy the liabilities and final division of
assets by October 1 of the fiscal year in which the new school district or districts become operative.
E. The division of the bonded indebtedness of the original school district shall be in accordance with
the provisions of section 15- 457, subsection B.
F. An original or new school district formed by a subdivision of an existing school district or districts
after June 30, 1992 is not eligible to determine its budget using the provisions of section 15- 949 or the support
level weights prescribed in section 15- 943, paragraph 1. These districts are also not eligible to participate in a
small district service program as prescribed in section 15- 365 or to apply to the state board of education for a
capital levy adjustment as prescribed in section 15- 963.
G. If two or more common school districts are within the boundaries of a union high school district,
two or more unified school districts may be formed by a subdivision of the existing union high school district
and by unification with the common school districts as provided in this section, subject to the following
provisions:
1. Formation of a unified school district pursuant to this subsection shall be initiated if a majority of
the governing board members of each of the districts affected unites in a petition to the county school
superintendent for the establishment of a unified school district or if ten per cent of the number of qualified
electors who voted in whichever of the last two general elections resulted in the higher number of ballots cast
and who reside in each of the areas proposed to be the new unified school districts unite in a petition to the
county school superintendent for the establishment of a unified school district. The petition shall include a
statement of the proposed boundaries of the new unified school districts and shall request that the subdivision
of the union high school district and formation of the unified districts be submitted to the qualified electors
who reside within the proposed districts. The petition shall also include a detailed description of
desegregation funding and expenses for the resulting school district as set forth in paragraph 7 of this
subsection and may include the new school d~ strictn ame and other information as desirable. On receipt of the
petitions, the county school superintendent shall examine the petitions within fifteen days of receipt to
determine their sufficiency including the adequacy of the signatures of electors. If the petitions are found
sufficient, the county school superintendent shall call an election to be held to determine the question. The
Select Statutes from Title 15, Chapter 4. Article 3
county school superintendent shall prepare and the governing board shall distribute a subdivision and
unification plan that includes:
( a) The proposed boundary changes.
( b) The impact of the proposed boundary changes, including where pupils will attend school, changes
in pupil transportation services, changes in availability of special education services, changes in pupil- teacher
ratio and operational costs.
( c) If paragraph 7 of this subsection applies to one or more of the existing school districts, a detailed
description of desegregation funding and expenses for the resulting school districts as set forth in paragraph 7
of this subsection.
( d) Any other information the county school superintendent deems appropriate to include.
2. If the governing boards or the petitioners wish the new districts to receive unification assistance as
provided in section 15- 9 12.0 1, they shall notify the department of education and the joint legislative budget
committee by August 1 of the fiscal year before the new districts would begin operation and provide the
department and the joint legislative budget committee with information required to project the costs of
unification assistance to the new districts for the first year of operation. The department shall include
sufficient monies to cover these unification costs in its budget request for state aid for the following fiscal
year.
3. The election shall be held as provided in section 15- 459, except that the ballot shall contain the
words " subdivision and unification, yes" and " subdivision and unification, no", and there shall be one of the
following two ballot questions, whichever is applicable, stated as follows:
( a) Should ( insert the name of the district) union high school district be subdivided
with boundaries identical to the boundaries of ( insert the name of the districts) common
school districts and simultaneously creating ( insert the number of the districts) unified school
districts with the respective common school districts as specified in the subdivision and
unification plan?
( b) Should ( insert the name of the district) union high school district be subdivided
simultaneously with the subdivision of ( insert the name of the districts) common school
districts and simultaneously creating ( insert the number of the districts) unified school
districts with the subdivided common school districts as specified in the subdivision and
unification plan?
4. If the formation of the new unified school districts is authorized, the terms of the governing board
members of the common and union high school districts do not expire on the effective date of unification but
continue until January 1 following the next general election, during which time the members of the governing
boards of the previously existing school districts shall serve as the governing board of the new school district
in which they reside. At the next general election held after the formation and thereafter, members shall be
elected as prescribed in section 15- 448, subsection E. The governing boards of the new unified school
districts shall prepare policies, curricula and budgets for the new unified school districts. The policies
prepared by the governing boards shall include the provisions of section 15- 459, subsection M.
5. If the common school district is not subdivided, the new unified school district that includes the
boundaries of the previously existing common school district shall assume the bonded indebtedness of that
previously existing common school district. If the common school district is subdivided, the provisions of
subsection E of this section shall apply.
6. If the common school district is not subdivided, existing bond authorization of the common school
districts automatically continues for the original purpose authorized. If the common school district is
subdivided, the existing bond authorization of the common school district will expire unless it is divided
between the new unified school d~ strictsa s specified in the subdivision and unification plan.
7. If any of the school districts were authorized to budget for expenses of complying with or
continuing to implement activities that were required or permitted by court order of desegregation or
administrative agreement with the United States department of education office for civil rights directed
towards remediating alleged or proven racial discrimination pursuant to section 15- 910, this authorization
does not expire on the effective date of the subdivision and unification but only applies to schools included in
the court order or administrative a, u reement.
Select Statutes from Title 15, Chapter 4. Article 3
8. If the union high school district and the common school district or districts with which it is unified
all have authorization for an override as provided in section 15- 481 that would have continued after the
subdivision and unification, the override authorization continues for the new district and expires at the time
that the earliest override would have expired.
9. If one or more of the previously existing school districts were participating in a career ladder
program pursuant to chapter 9, article 1.1 of this title before subdivision and unification, notwithstanding any
other law the state board shall expedite the processing of and may approve an updated application for program
reapproval for the new school district that includes the existing school district that was participating in the
program.
10. The employee's years of employment in the previously existing school district shall be included in
determining the employee's years of employment in the new school district after a subdivision and unification.
An employee who was entitled to continuing contract status in the previously existing school district is
entitled to continuing employment contract status in the new school district.
I I. The base salary and benefits of each employee for the first year of operation of the new school
district after a subdivision and unification shall not be lower than the employee's base salary and benefits for
the prior year in the previously existing school district.
12. Notwithstanding paragraphs 10 and 11 of this subsection and pursuant to section 15- 544, nothing
in this section shall be construed to restrict the ability of the governing board to implement a reduction in
force or to scale back salaries of certified teachers, administrators or noncertificated employees for reasons of
economy or to improve the efficient conduct of schools within the district following a subdivision and
unification.
15- 459. Consolidation of districts; petition; election; notice; report; ballots; canvass of votes;
governing board
A. On the request of the governing boards of two or more school districts in the same county or in
adjacent counties or on receipt of petitions bearing the signatures of ten per cent or more of the number of
qualified electors who voted in whichever of the last two general elections resulted in the higher number of
ballots cast and who reside in each of two or more school districts in the same county or in adjacent counties
to consolidate the school districts or parts of the districts, the county school superintendent of each of the
counties affected shall within ten days call an election to determine the question on consolidation.
B. Consolidations allowed pursuant to subsection A of this section include:
1. To change the boundaries of a school district to include any part of an adjacent school district.
2. If all the common school districts within the boundaries of an existing union high school district
desire to consolidate into one common school district.
3. If two or more adjacent school districts of like character, either common, high or unified school
districts, desire to consolidate into one common, high or unified school district.
4. If a common school district that is not a part of a union high school district desires to consolidate
with an adjacent unified school district.
5. If two or more common school districts desire to consolidate into one school district and unify the
consolidated district with a union high school district to form one unified school district.
C. Notice of the election to determine consolidation of school districts shall be posted in not less than
three public places in each of the school districts proposed to be consolidated at least twenty- five days before
the election.
D. The county school superintendent shall prepare and the governing board shall distribute a report
on the proposed boundary changes in a manner similar to that prescribed in section 15- 48 1, subsection B. The
report shall contain the following information:
I . The date of the election.
2. The polling places and times they are open.
3. A consolidation plan to include:
( a) The proposed boundary changes.
( b) The impact of the proposed boundary changes, including where pupils will attend school, changes
i ~ p, u pil transportation services, changes in availability of special education services, changes in pupil- teacher
ratio and operational costs.
Select Statutes from Title 15, Chapter 4. Article 3
( c) If the provisions of subsection P of this section apply to one or more of the existing school
districts, a detailed description of desegregation funding and expenses for the resulting school district as set
forth in subsection P of this section.
( d) Any other information the county school superintendent deems appropriate to include.
E. Ballots shall be prepared by the county school superintendent, shall be delivered to the inspector at
least forty- eight hours before the opening of the polls as prescribed in section 16- 509 and shall contain:
" Consolidation includes the assumption of liability by the resulting school district for all indebtedness of
existing school districts or those parts of school districts proposed for consolidation. Do you support
consolidation under the specified provisions of the consolidation plan? Yes ( ) No ( )." If the election is to
simultaneously consolidate and unifL two or more common school districts, the ballot shall contain: " Do you
support the consolidation of the ( insert names of common school districts) and the subsequent unification of
the consolidated districts with the ( insert name of union high school district) to form one unified school
district under the consolidation and unification plan? Yes ( ) No ( )."
F. The county school superintendent shall hold the election during the fiscal year preceding the fiscal
year consolidation is proposed to be effective on a date prescribed by section 16- 204. The election shall be
held in the manner and electors shall possess qualifications as prescribed for the election of governing board
members. The results of the election shall be reported to the county school superintendent.
G. The county school superintendent and the chairman of the board of supervisors shall, on the
seventh day after the election, canvass the vote. If a majority of the votes cast in each district favors
consolidation, the districts are consolidated and become one district from and after June 30 next following the
election. If parts of two or more school districts are proposed to be consolidated, a majority of the voters in
the part of a school district or districts not affected by the proposed consolidation and a majority of the voters
in the part of the school district or districts proposed for consolidation must approve the consolidation.
H. If a school district provides only financing for pupils who are instructed by another school district
in the same county or in an adjacent county, the school district or any part of the school district may be
consolidated with the school district providing the instructional program as follows:
1. The governing board of the financing school district approves the consolidation or ten per cent of
the qualified electors residing in the school district, or that part of the school district proposed for
consolidation, petitions the county school superintendent to call an election to approve the proposed
consolidation.
0
2. The governing board of the school district providing instruction approves the consolidation.
3. At an election called by the county school superintendent of each of the counties affected, a
majority of the persons voting in the school district, or that part of the school district providing financing,
approves the proposed consolidation and a majority of the persons voting in the district providing instruction
approves the proposed consolidation.
I. Elections held as provided in subsection H of this section shall be conducted in the same manner as
elections prescribed in subsections C through G of this section and shall be held concurrently as prescribed in
section 1 5- 458.
J. If the consolidated district includes territory located in two or more counties, the county of
jurisdiction is the county in which the largest number of qualified electors of the consolidated school district
resides, except that if all of the existing school buildings are in one county, that county is the county of
jurisdiction. The county school superintendent of the jurisdictional county shall perform all duties for and
with respect to the consolidated school district as required to be performed by county school
superintendents. The board of supervisors of the jurisdictional county shall perform all duties for and with
respect to the consolidated school district as required to be performed by boards of supervisors, except that
school district taxes to be levied on property in the portion of the consolidated school district lying in another
county shall be levied by the board of supervisors of the other county or counties and on receipt shall be
transferred to the county of jurisdiction. All school buildings located within the consolidated school district,
together with all equipment and furnishings, become the property of the consolidated school district. Any
assumed indebtedness is an indebtedness of the consolidated school district for the purpose of determining the
debt incurring authority of the consolidated school district.
K. Sections 15- 457, 15- 975 and 15- 997 apply to school districts which are consolidated
Arizona State Government Publications
