The Recommendations and a plan for school district boundary reorganization as required by Chapter 193, Senate Bill 1160, of the 30th Legislature, Second Regular Session

              THE RECOMMENDATIONS AND A PLAN FOR SCHOOL DISTRICT BOUNDARY REORGANIZATION
AS REQUIRED BY CHAPTER 193, SENATE BILL 1160
OF THE 30TH LEGISLATURE, SECOND REGULAR SESSION
Signed by the Governor May 24, 1972
W. P. SHOFSTALL
SUPERINTENDENT OF PUBLIC INSTRUCTION
January 12, 1973
THE RECOMMENDATIONS AND A PLAN FOR SCHOOL DISTRICT BOUNDARY REORGANIZATION
AS REQUIRED BY CHAPTER 193, SENATE BILL 1160
OF THE 30TH LEGISLATURE, SECOND REGULAR SESSION
Signed by the Governor May 24, 1972
It is recognized that the State Legislature has wide latitude in deciding upon a
. plan for reorganization of school districts in the State. Decisions can be made
to enact legislation which would organize the school districts by direct mandate.
In view of the fact that only one state, since 1945, has chosen this direct manda-tory
method of district reorganization, it is recommended that the Arizona Legis-lature
choose a reorganization method which is not exclusively mandatory. The
Department of Education feels that a single person or body cannot effectively
consider all of the important factors involved in school district boundary reorgani-zation
at the community level; therefore, the Department recommends the following
plan for legislation which provides for decentralization of planning and for
maximum local citizen participation.
The experiences found in many other states have amply demonstrated that school
finance and school redistricting are inter- related. We, the Department of
Education, therefore, caution the Arizona Legislature to make every effort to
approve a plan for collecting school taxes which makes approximately the same
number of dollars available for each child in the State, regardless of the wealth
of the district of residence. Although this plan for district reorganization
can do much to reduce the broad range of district wealth disparities which currently
exist, reform of the state school financing system is essential to securing equality
of the local burden of school support and achieving equality of educational oppor-tunity
for Arizona's school children.
The State Department of Education herewith submits its recommendations and a
developed plan for legislation that would make operational unified school districts
in Arizona by July 1, 1977.
RECOMMENDED PURPOSE OF THE PROPOSED LEGISLATION
The recommended purposes of proposed legislation are:
( a) to establish a system of unified public school districts, kindergarten
through grade twelve, which offer equal educational opportunity and
comprehensive educational programs and services for all pupils in the
State, which assure economy in the use of public funds, and which elimi-nate
the various types of school districts that presently exist while
replacing then with unified school districts as hereinafter defined
( b) t o provide the procedure for an effective and orderly d i s t r i c t reorgani-zation
program t o be carried out by designated administrative agencies
( c) t o establish the p o l i c i e s , standards, or c r i t e r i a under which these
administrative agencies must function
( d) to allow the i n i t i a l planning for the reorganization of school d i s t r i c t s
to be conducted on the l o c a l level
Nothing i n the proposed l e g i s l a t i o n authorizes s t a t e administrative agencies
and/ or regional committees as hereinafter defined t o consolidate or propose con-solidation
of any school within unified d i s t r i c t s .
DEFINITIONS
School D i s t r i c t Boundary Reorganization: a process through which the purposes
of education can be achieved a t an acceptable level of quality with efficiency
of organization and economy of operation, whereby new unified school d i s t r i c t s
are formed through a l t e r a t i o n of the boundaries of established school d i s t r i c t s
and/ or dissolution and abandonment of established school d i s t r i c t s .
Unified School D i s t r i c t : a d i s t r i c t which provides education for a t l e a s t
grades kindergarten through twelve i n one school d i s t r i c t under a single
board of education, a single administration, and a single operating budget.
Comprehensive Educational Program: the equal educational opportunities that
are available to a l l students by providing programs and services designated
to meet the educational needs i d e n t i f i e d a t each l e v e l of the s t a t e public
school system.
TIME PERIOD
A l l public school d i s t r i c t s i n Arizona are to be duly constituted as unified
school d i s t r i c t s by July 1, 1976, and operating as such no l a t e r than July 1, 1977.
CRITERIA FOR SCHOOL DISTRICT REORGANIZATION
A l l public school d i s t r i c t s organized pursuant to the purposes of t h i s plan
s h a l l conform t o the following c r i t e r i a :
I. EACH SCHOOL DISTRICT SHALL BE UNIFIED ( GRADES K- 12) AND SHALL
OPERATE WITH A SINGLE BOARD, ADMINISTRATION, AND BUDGET.
11. EACH UNIFIED DISTRICT MAY CONSIST OF ALL OR PARTS OF ONE OR MORE
EXISTING DISTRICTS AND MAY CROSS PRESENT REGIONAL PLANNING
BOUNDARY LINES .
111. EACH ENIFIED DISTRICT SJULL BE ORGANIZED SO THAT NO SOCIO- ECONOMIC
OR ETHNIC GROUP WILL BE INTENTIONALLY EXCLUDED OR INCLUDED IN THE
DISTRICT SOLELY BECAUSE OF THESE FACTORS.
IV. EACH UNIFIED DISTRICT SHALL BE ORGANIZED IN ACCORDANCE WITH
THE PRINCIPLE OF LOCAL RESPONSIBILITY SO AS TO PROVIDE EFFEC-TIVE
CITIZEN PARTICIPATION.
V. EACH UNIFIED DISTRICT SHALL BE ORGANIZED SO AS TO MINIMIZE
INEQUITIES IN ASSESSED VALUATION OF REAL PROPERTY IN SUPPORT
OF EACH PUPIL.
VI. EACH UNIFIED DISTRICT SHALL BE ABLE TO PROVIDE SPECIALIZED
SERVICES ABOVE AND BEYOND THE COMPREHENSIVE INSTRUCTIONAL
PROGRAM AS DETERMINED BY THE NEEDS OF THE COMMUNITY.
VII. A UNIFIED DISTRICT SHALL INCLUDE A MINIMUM PUPIL POPULATION
OF 1500 AND A MAXIMUM OF 25,000, WITH EXCEPTIONS CONSIDERING
GEOGRAPHIC LIMITATIONS. ALL PRESENTLY UNORGANIZED TERRITORY
SHALL BE INCLUDED IN SOME UNIFIED DISTRICT.
VIII. THE REDISTRICTING STATUTE SHALL NOT BE USED, EITHER TO
ENCOURAGE OR DISCOURAGE CONSOLIDATION OF ATTENDANCE AREAS
OR SCHOOLS.
THE STATE REDISTRICTING COMMISSION
A State Redistricting Commission shall be established for the specific
and sole purpose of administering the district reorganization program. The
Commission shall function independently of the State Board of Education,
but it shall have a direct and organic connection with the Arizona Department
of Education in order that the resources of the Department may be utilized
as needed in carrying out Conmission functions. To achieve this relation-ship,
the State Superintendent of Public Instruction shall be the Executive
Officer ( non- voting) of the State Commission. The principle advantage of
this plan is that the State Redistricting Commission, having no other function,
can devote its entire energies to implementation of the legislation.
Commission members shall take office within sixty days of enactment
of the legislation. The following factors shall apply:
( a) Representativeness of the Commission membership. The
Commission should be representative of the major social,
economic, and political interests of the State. Geo-graphic
representation should also be assured. Commission
nembers should be outstanding leaders in the State.
The members should be lay citizens.
( b) Length of members' terms. Commission members ( including
the incumbent Superintendent of Public Instruction) shall
serve the entire duration period of the reorganization.
( c) Size of State Redistricting Commission: The Commission
will comprise eight members, one representative from
each of the six regions, one member appointed by the
Governor, and the non- voting Executive Officer.
( d) Selection of Commission Membership. Six of the State
Redistricting Commission members shall be elected to
membership in a Regional Convention held specifically
for that purpose. The seventh Commission member will
be appointed by the Governor. The eighth member shall
be the non- voting Executive Officer ( Superintendent of
Public Instruction).
( e) Compensation. Commission members shall serve without pay
but shall be reimbursed for all expenses incurred in con-ducting
Commission affairs.
( f) Meetings. Within ninety days of legislative enactment the
Executive Officer shall call the Commission's first meeting
to organize and select a chairman and a vice- chairman.
Subsequent meetings shall be held at least monthly, with
provision for special meetings on call by the chairman or
a majority of the membership, or by the executive officer.
Powers and Duties of the State Redistricting Commission. The powers and
duties of the State Redistricting Commission shall consist of at least the
following:
( a) To approve the appointment of a director and such other
personnel as may be needed on nomination by the State
Superintendent of Public Instruction. The compensation of
such personnel shall be determined and fixed in accordance
with policies and procedures currently used in employing
Arizona Department of Education staff.
( b) To approve the disbursement of such funds as are provided
by law for carrying out the provisions of the school district
reorganization legislation.
( c) To formulate policies, guidelines, and principles, in accord-ance
with the standards or criteria specified in the legisla-tion,
or delegated to the State Commission for administering
the reorganization program.
( d) To hold, or cause to be held, public meetings in various
regions of the State for purposes of explaining the reorgani-zation
program to interested local citizens and school
officials.
( e) To develop methods of procedure for use by Regional
Redistricting Committees ( as defined in the subsequent
section) for carrying out their duties and responsibilities
for conducting the program. These procedures along with
the policies and guidelines adopted by the State Redistricting
Commission shall be incorporated in a manual for use by
Regional Commit tees.
( f) To appoint at the regular meeting next following the
90- day time period following legislative enactment a Regional
Committee in any region in which such a committee has not
been established.
( g) To recommend to any Regional Committee any modification
of the plan for reorganization of school districts of such
region as may appear to the State Commission necessary to
carry out the purposes, criteria or standards, and other
provisions of the legislation.
( h) To review all submitted plans for district reorganization
and either approve such plans or reject them with reasons
for rejection and recommendations for making the plan
acceptable. The review and decision on redistricting
plans and proposals submitted by Regional Committees
must be made and the decision transmitted to the Regional
Committee concerned within 60 days of the receipt of such
plans and proposals. The State Commission shall have
authority to reject redistricting plans and proposals only
if such plans and proposals fail to comply with the
purposes, standards, and criteria specified in the
legislation.
( i) To designate one or more members of the State Commission,
together with members of the Commission's staff, to attend
and take part in public hearings held as hereinafter pro-vided
for purposes of hearing local grievances to all or
portions of Regional Committee plans and proposals that
are purported to be in violation of the purposes, criteria,
and standards established in the legislation.
( j) To submit an annual report to the legislature regarding the
progress of the reorganization program and the results
achieved under its provisions. Such annual reports should
also include an evaluation of the major problems encountered
and any recommendations considered desirable for improving
the reorganization legislation.
XEGIONAL REDISTRICTING COMMITTEES
Special Regional Redistricting Committees shall be established and vested with
specified Fowers and duties. In establishing such committees, the following
shall apply:
1. Area of representation: Special Regional Redistricting Committees
shall be established on a regional basis, i. e. in each of the present
six planning districts created by the Governor.
2. Mandatory establishment. All of the territory of the State shall
be in a regional reorganization planning area.
3. Time of establishment. Each Regional Redistricting Committee
shall be established not later than thirty days after the
establishment of the State Redistricting Commission.
4. Composition of committees. Committees shall be composed of nine
members. Only lay citizens should be eligible to serve on
committees. Provisions shall be made for adequate representation
from both rural and urban areas.
5. Method of selecting members. The board members of school districts
within each region shall be called together in convention to select
their Regional Committee members by ballot.
6. Meetings. Within 30 days after selection of the members, the
Regional Committee shall hold its first meeting to organize
and to select a chairman. Thereafter, meetings should be held
on call by the chairman or by a majority of the members.
7. Length of terms; filling vacancies. All members of the Regional
Committees shall serve for a term of the same length as the
State Redistricting Commission or until a plan of- reorganization
has become effective, whichever may first occur. Appointments
to fill vacancies shall be made by a majority vote of the
remaining Committee members. If a voting member fails to
attend two consecutive meetings after due notice and without
being excused by the Committee Chairman, his office shall be
declared vacant by the Committee. A majority of the Committee
shall constitute a quourum for transaction of business, but no
plan can be adopted except upon affirmative vote of a
majority of the committee.
8. Funding regional committee activities. Although Regional
Committee members shall serve without compensation, they
shall be entitled to reimbursement for necessary expenses
incurred in connection with performance of their duties.
Provisions shall also be made whereby funds will be made
available to Regional Committees for employment of necessary
technical and clerical assistance.
Assisted by the State Redistricting Commission's staff, each
Regional Committee shall submit a budget setting forth its needs
for technical and clerical assistance and for meeting the necessary
travel and related expenses of Regional Committee members. This
budget shall be subject to approval by the State Redistricting
Comission. This budget will be funded from appropriations
requested by the State Superintendent of Public Instruction,
as indicated earlier .
9. Powers and duties. Each Regional Redistricting Committee shall
have the following powers and duties:
( a) To prepare and submit to the State Redistricting
Commission within one year after its first meeting
a plan of reorganization conforming to the purposes,
criteria, and standards specified in the legisla-tion
and likewise conforming to the policies and
procedures adopted by the State Redistricting
Commission. This plan must encompass all of the
territory included within the jurisdiction of the
Regional Committee. Proposals for more than
one new unified school district may be included
within a single plan so long as each proposed new
unified district conforms to the criteria and
standards set forth in the legislation and the
policies and procedures adopted by the State Re-districting
commission.
( b) To initiate joint planning with another regional
committee whenever it appears desirable that a
proposed new unified district could include
territory beyond the Committee's jurisdiction.
Likewise, to respond affirmatively whenever
requested by another Regional Committee to engage
in joint- committee planning. For purposes of
joint- committee planning, not less than three
members from each Regional Committee concerned
shall be appointed. The proposal or proposals
resulting from such joint- committee planning
shall be subject to approval by majority vote
of each of the Regional Committees concerned.
( c) To hold at least one public hearing within the
territory of each proposed new district. A
notice of each public hearing shall be published
in a local newspaper of general circulation
within the proposed new district at least twice
before the date set for the hearing. Notices
shall be mailed to Board Members of each school
district concerned.
( d) To prepare and submit to the State Redistricting
Commission as part of its plan of reorganization,
the following:
( 1) The name of each proposed new district
( 2) A map showing the boundaries of the existing
school district( s)
( 3) A description of the proposed boundaries of
each new district
( 4) A rationale for the plan
( 5) A record of all hearings
( 6) Such other records, reports, and materials
as may be required by the State Redistricting
Commission
( e) To revise any reorganization plan or portion of a reorganization
plan rejected by the State Redistricting Commission, taking
into account the reasons specified by the State Redistricting
Commission for its rejection. The deadline for submission of
the new plan shall be within six months after notification
by the State Redistricting Commission that the previous plan
submitted had been rejected.
( f) To conduct, in cooperation with the State Redistricting Commission
and its staff, public hearings held for purposes of considering
allegations by local citizens that any proposed new district
developed by the Regional Committee, and approved by the State
Redistricting Commission is in violation of the purposes, criteria,
and standards set forth in the legislation. Such allegations
shall be set forth in writing with appropriate documentation and
submitted to both the Regional Committee and to the State
Redistricting Commission. The State Redistricting Commission is
empowered to decide whether the allegations submitted do constitute
a justifiable basis for conducting such a hearing.
ARIZONA DEPARTMENT OF EDUCATION FUNCTIONS AND RESPONSIBILITIES
As already recommended, the State Superintendent of Public Instruction shall
function as the Executive Officer ( non- voting) for the State Redistricting
Commission. The director of the redistricting program shall function under the
State Superintendent's supervision, with appropriate staff members employed
specifically to work with the director. Other functions of the Executive
Officer include:
1. To make available to the State Redistricting Commission and Regional
Committees data and information collected by the Arizona Department of
Education which may be useful in carrying out their respective assigned
responsibilities.
2. To make available to the school district reorganization director and
staff, the assistance of Arizona Department of Education specialists
or other consultants whose expertise may be needed in carrying out the
reorganization program.
3. To prepare and submit a budget anticipating the financial requirements
for conducting the reorganization program. The necessary expenses of
Regional Committees shall be included in the budget request of the
State Redistricting Commission.
APPROBATION OF PROPOSED NEW UNIFIED DISTRICTS
After September 30, 1976, the State Redistricting Commission s h a l l have the duty
and r e s p o n s i b i l i t y to establish boundaries a plan for new unified d i s t r i c t s i n
any remaining portions of the s t a t e where new d i s t r i c t s had not been proposed
and established by July 1, 1976.
PROPERTY, INDEBTEDNESS, AND OBLIGATION OF FORMER SCHOOL DISTRICTS
A l l r e a l and personal property of a former school d i s t r i c t or d i s t r i c t s
composing a new unified d i s t r i c t s h a l l become property invested i n t h e u n i f i e d
d i s t r i c t .
A l l current indebtedness and obligations of the former d i s t r i c t ( s ) s h a l l
become the indebtedness and obligation of the new unified d i s t r i c t .
The r i g h t s of creditors against any former d i s t r i c t ( s ) now components of a
new unified d i s t r i c t s h a l l be preserved against the unified d i s t r i c t .
A l l bonded indebtedness incurred by residents of o r i g i n a l d i s t r i c t s included
i n a new unified d i s t r i c t s h a l l remain t h e r e s p o n s i b i l i t y of t h e r e s i d e n t s of the
o r i g i n a l d i s t r i c t s which incurred the bonded indebtedness.
UNIFIED SCHOOL DISTRICT BOARDS OF EDUCATION
Boards of education of new unified d i s t r i c t s s h a l l have a l l the present powers
and duties now vested i n boards of elementary and secondary school d i s t r i c t s .