Arizona-2018-HB2026-Engrossed

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-301, Arizona Revised Statutes, is amended to read:

START_STATUTE15-301. Office of county school superintendent; qualifications; travel expenses

A. A person is eligible for election as county school superintendent if the person holds a basic or standard certificate to teach in the schools of this state.

B. In addition to the salary allowed by law, the county school superintendent is eligible for reimbursement of travel expenses.

C. The office of county school superintendent is designated as a local education agency for the purpose of serving as an education service agency that is eligible to receive and spend local, state and federal monies to provide programs and services to school districts, charter schools, county free library districts, and municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools within that county.

D. The office of county school superintendent shall be under the jurisdiction of the elected county school superintendent. END_STATUTE

Sec. 2. Section 15-302, Arizona Revised Statutes, is amended to read:

START_STATUTE15-302. Powers and duties

A. The county school superintendent shall:

1. Distribute all laws, reports, circulars, instructions and forms that he the county school superintendent may receive for the use of school officers.

2. Record all official acts.

3. Appoint governing board members of school districts to fill all vacancies, but the term of the appointment shall be until the next regular election for governing board members, at which time a successor shall be elected to serve the unexpired portion of the term.� Within thirty days after notification of a vacancy, the school district governing board may submit up to three names to the county school superintendent for consideration of an appointment to fill the vacancy. The county school superintendent is not required to appoint a governing board member from the list of names submitted by the governing board.� The county school superintendent, if he the county school superintendent deems it in the best interest of the community, may call a special election to fill the vacancies. If an election is called, the newly elected member shall serve for the remainder of the unexpired portion of the term.

4. Make reports, when directed by the superintendent of public instruction, showing matters relating to schools in his the county as may be required on the forms furnished by the superintendent of public instruction.

5. Have such powers and perform such duties as otherwise prescribed by law.

6. On or before October 1 of each year, make a report to the superintendent of public instruction showing the amount of monies received from state school funds, special school district taxes and other sources, the total expenditures for school purposes and the balance on hand to the credit of each school district at the close of the school year.

7. Contract with the board of supervisors for the board of supervisors to conduct all regular school district elections.

8. Be responsible, in cooperation with the school district governing boards and the board of supervisors, for all special school district elections.

9. Maintain teacher and administrator certification records of effective dates and expiration dates of teachers' and administrators' certificates in compliance with guidelines prescribed in the uniform system of financial records for those school districts for which the county school superintendent is the fiscal agent. The county school superintendent shall not draw a warrant in payment of a teacher's, substitute teacher's or administrator's salary unless the teacher, substitute teacher or administrator is legally certified during the fiscal year in which the term for payment is demanded.

10. Notify a school district three years before the expiration of a revenue control limit override that the school district's budget must be adjusted in the final two years of the override pursuant to section 15‑481, subsections P and Q, if the voters do not approve another override.

11. In collaboration with the department of education and other state agencies, provide assistance to school districts, charter schools, county free library districts, and municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools on the use of student data, staff development, curriculum alignment and technology to improve student performance.

12. Assist schools in meeting yearly adequate progress goals as defined by criteria established by the state board of education and implemented by the department of education.

B. At the request of school districts and charter schools, the county school superintendent may provide discretionary programs in addition to the programs prescribed in subsection A of this section.

C. The county school superintendent may provide the services prescribed in subsections A and B of this section in the county or jointly with two or more counties pursuant to title 11, chapter 7, article 3.

D. Each county school superintendent may establish an advisory committee to the office of the county school superintendent. END_STATUTE

Sec. 3. Section 15-362, Arizona Revised Statutes, is amended to read:

START_STATUTE15-362. Libraries; powers and duties; authority to contract

A. The governing board of a school district may establish and maintain libraries. Such libraries shall be under control of the governing board. The governing board shall be is accountable for the care of the libraries, but it the board may appoint district librarians, or it may put the libraries under the direct charge of a teacher or other qualified person.� When requested, the governing board shall report on the libraries to the county school superintendent on forms supplied by the superintendent of public instruction.

B. The governing board shall:

1. Enforce the rules prescribed for government of governing school libraries.

2. Exclude from school libraries all books, publications and papers of a sectarian, partisan or denominational character.� This paragraph does not prohibit any materials for the elective course permitted by section 15‑717.01.

C. A district library shall be is free to all pupils of suitable age who attend the school. Residents of the district may become entitled to library privileges by payment of fees and compliance with regulations prescribed by the governing board. The governing board may enter into a contract or agreement with the proper authorities of a county free library or other public library possessing facilities for rendering to render the desired service for the procurement of reference or other library books or the extension services of such the library. The amount expended shall not exceed two percent of the total school district budget for the school year during which the services are utilized.

D. A school district governing board may enter into intergovernmental agreements with counties, county free library districts, and municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools in the county where the school district is located. END_STATUTE

Sec. 4. Section 15-365, Arizona Revised Statutes, is amended to read:

START_STATUTE15-365. Service programs operated through the office of a county school superintendent; reports; definitions

A. The county school superintendent may establish service programs that shall be are available to any county free library district, municipal library, or local school district governing board, nonprofit and public library, tribal library, private school or tribal school officially requesting such programs.

B. Both central administrative costs and general service costs shall be shared on a user basis and budgeted and paid as contract costs by the districts using such programs, except as provided in subsections E, F and H of this section.

C. Agreements or contracts entered into pursuant to this section shall are not be subject to title 11, chapter 7, article 3 relating to intergovernmental agreements and contracts.

D. Each county school superintendent shall submit to the school districts involved and to the board of supervisors no later than May 31 of each year a program progress report and a fiscal report, including actual expenditures through March 31 and estimates for the remainder of the fiscal year, on each service program in operation in such the county.

E. County school superintendents may establish special small district service programs designed to meet the special needs of school districts with a total student count of fewer than six hundred in such areas as administrative assistance and specialized services as follows:

1. For counties with seven or more school districts with a student count of fewer than six hundred, the small district service program may serve a single county or two or more counties.

2. Except as provided in subsection I of this section, for counties with fewer than seven school districts with a student count of fewer than six hundred, the small district service program shall serve two or more counties as determined by the superintendent of public instruction.

F. The costs of the small district service program are payable in part from the small district service program fund. Costs in excess of the amount available in the small district service program fund shall be shared on a user basis and budgeted and paid as contract costs by the district using such programs. The small district service program fund for each program shall consist of a base amount plus a per district amount for each school district in the county or counties served which that has a student count of fewer than six hundred. For fiscal year 1989‑1990, the base amount is fifty‑six thousand four hundred ninety‑four dollars and the per district amount is five thousand eighty‑four dollars. Beginning with fiscal year 1990‑1991, the base amount and per district amount are the amounts for the prior year adjusted by the growth rate prescribed by law, subject to appropriation. The base amount and per district amount for each county or counties served shall be funded with state general fund monies, subject to appropriation. The county school superintendent must submit claims for payments to the state superintendent of public instruction. The county school superintendent shall deposit the payments into the small district service program fund.

G. School districts that provide only financing for pupils who are instructed by another district shall be included in determining the number of districts counted for the small district service program fund.

H. For each small district service program that serves two or more counties, a county of jurisdiction shall be selected by the superintendent of public instruction. Payment shall be made into the small district service program fund in the county of jurisdiction from monies that are received from the superintendent of public instruction pursuant to this section for all counties served by the county of jurisdiction.

I. If a small district service program is established before fiscal year 1987‑1988, the program may continue to operate as a single county program if the county contains fewer than seven, but at least four, school districts with a student count of fewer than six hundred.

J. A school district with a student count of six hundred or more in the current year that participated in a small district service program and had a student count of fewer than six hundred in the prior year may continue to participate in the program for the current year and one additional year. The amount in the small district service program fund shall be determined as if the district had a student count of fewer than six hundred.

K. For the purposes of this section:

1. "Central administrative costs" means only those costs that are incurred by the county school superintendent in administering any service program that benefits all the school districts in the program and that are shared on a user basis and budgeted and paid as contract costs by districts, except as provided in subsections E, F and H of this section.

2. "General service costs" means those costs that are directly related to each of the service programs, that are shared on a user basis and that are budgeted and paid as contract costs by districts, except as provided in subsections E, F and H of this section.

3. "Service programs" means those programs that can be accomplished more efficiently and economically as multidistrict or multicounty operations.

4. "Student count" means the student count as defined in section 15‑901, subsection A, except that it shall does not include pupils enrolled in grades nine through twelve to whom the district does not provide instruction if the district is a common school district that is not within a high school district. END_STATUTE