Bill Number: H.B. 2479
Ward Floor Amendment #1
Reference to: House engrossed bill
Amendment drafted by: Matthew Simon
FLOOR AMENDMENT EXPLANATION
1) Permits a school district to admit children who are residents of the United State but not residents of Arizona, without charging tuition if all of the following apply:
a) the child is enrolled in a year-round residential boarding academy in Arizona that specializes in intensive instruction and skill development in sports, music or acting; and
b) the child’s parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy.
2) Includes a retroactivity clause for the mentioned provisions and becomes effective on the general effective date, retroactive to July 1, 2014.
WARD FLOOR AMENDMENT #1
SENATE AMENDMENTS TO H.B. 2479
(Reference to House engrossed bill)
Page 2, between lines 27 and 28, insert:
“Sec. 2. Section 15-823, Arizona Revised Statutes, is amended to read:
15-823. Admission; residents of other school districts; nonresidents of this state; tuition
A. Except as provided in subsections B, C, D, E, and F and G of this section, children of nonresidents of this
state may be admitted upon payment of a reasonable tuition fixed by the
governing board.
B. The governing board shall admit children of nonresident teaching and research faculty of community college districts and state universities and children of nonresident graduate or undergraduate students of community college districts and state universities whose parent's presence at the district or university is of international, national, state or local benefit without payment of tuition.
C. The governing board shall admit children who are residents of the United States but who are nonresidents of this state without payment of tuition if evidence indicates that the child's physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
D. The governing board may admit nonresident foreign students who are in exchange programs without payment of tuition or as it may otherwise prescribe.
E. The governing board may admit children who are residents of the United States without payment of tuition if evidence indicates that because the parents are homeless or the child is abandoned, as defined in section 8-201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
F. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1. The child is a member of a federally recognized Indian tribe.
2. The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member.
3. The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States.
4. The governing board enters into an intergovernmental agreement with the governing board of the school district in another state in which the nonresident child resides. The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the number of resident children that are admitted by the governing board in another state.
G. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
2. The child’s parents have executed a current Notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on the child’s parent’s or legal guardian’s behalf in making all decisions on a daily basis as to the child’s activities and needs for medical, educational and other personal issues.
G. H. The governing board shall charge reasonable
tuition for the number of nonresident pupils who reside in another state and
who are admitted by a governing board in this state pursuant to subsection F of
this section that exceed EXCEEDS the number of resident pupils from this state
who are admitted into a school district by the other state.
H. I. The governing board of a school district shall pay
reasonable tuition for the number of resident pupils who reside in that school
district and who are admitted by a school district in another state pursuant to
subsection F of this section that exceed EXCEEDS the number of nonresident pupils from that
other state who are admitted by the governing board into that school district
in this state.
I. J. Children admitted under this section shall be
counted or not counted as resident pupils as prescribed in section 15-824,
subsection D.
J. K. Except as provided in subsection I of this
section, a school district or a charter school shall not include pupils who are
not residents of this state in the district's or charter school's student count
and shall not obtain state funding for those pupils.”
Renumber to conform
Page 13, after line 41, insert:
“Sec. 7. Retroactivity
Section 15-823, Arizona Revised Statutes, as amended by this act, is effective retroactively to from and after June 30, 2014.”
Amend title to conform