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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1406 |
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AN ACT
amending section 15‑239, Arizona Revised Statutes; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-239, Arizona Revised Statutes, is amended to read:
15-239. School compliance and recognition; accreditation; audits; withholding monthly apportionment
A. The department of education may:
1. Monitor school districts to ascertain that laws applying to the school districts are implemented as prescribed by law.
2. Adopt a system of recognition for school districts that meet or exceed the requirements of the law that apply to the school districts.
3. Establish standards and procedures for the accreditation of all schools requesting state accreditation.
B. The department of education may adopt guidelines necessary to implement this section.
C. The department of education may conduct financial, compliance or average daily membership audits of school districts and charter schools. Beginning in fiscal year 2011‑2012 and in Each fiscal year thereafter, the department of education shall include at least a ten per cent percent sample of daily attendance records as part of the average daily membership audits.
D. The auditor general may conduct financial, program, compliance or average daily membership audits of school districts and charter schools. Beginning in fiscal year 2011‑2012 and in Each fiscal year thereafter, the auditor general shall include at least a ten per cent percent sample of daily attendance records as part of the average daily membership audits.
E. When conducting monitoring and audit activities allowed by this section, the department of education shall prescribe an audit window of up to three consecutive fiscal years immediately preceding the current fiscal year at the time the monitoring or audit activity commences. If the department issues findings within twenty-four months after the beginning of audit or monitoring activities, the department may adjust funding to a school district or charter school if actions that took place within the audit window resulted in overpayment or underpayment of state aid to the school district or charter school or the miscalculation of the budget limit for the school district, or both. Notwithstanding section 15‑901, subsection A, paragraph 1, subdivision (a), adjustments to average daily membership for failure to provide sufficient instructional time to meet the requirements for a full-time student pursuant to section 15‑901, subsection A, paragraph 1, subdivision (b), may be made proportionately according to the percentage by which the instructional time provided does not meet the required number of instructional hours prescribed for that grade level. Adjustments to state aid and budget limits as prescribed by this subsection shall be made in accordance with section 15‑915.
F. The state board of education or the superintendent of public instruction shall notify a school district or charter school and the charter school's sponsor that it determines has failed to take corrective action to comply with the findings of an audit conducted pursuant to this section and sections 15-272 and 41-1279.03, subsection A, paragraph 9. If the department of education or the auditor general determines that the school district or charter school has failed to take corrective action to comply with the findings of an audit conducted pursuant to this section within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten percent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall notify the school district or the charter school's sponsor of the withholding. The department of education shall adjust the school district's or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with the findings of an audit conducted pursuant to this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.