Page 9,
line 19, strike "statewide"
Line 20,
after "mathematics" insert "portions of the statewide assessment"; after "and" insert "the percent of pupils who
passed the"
Line 36,
strike "statewide"; after "mathematics"
insert "portions of the statewide assessment";
after "and" insert "the
percent of pupils who passed the"
Line 40,
after "designation" insert "of A"
Page 10,
line 37, strike "by"
Page 23,
between lines 24 and 25, insert:
"Sec. 6. Section
15-2002, Arizona Revised Statutes, is amended to read:
START_STATUTE15-2002. Powers
and duties; executive director; staffing; report
A. The
school facilities board shall:
1. Make
assessments of school facilities and equipment deficiencies and approve the
distribution of grants as appropriate.
2. Maintain
a database of school facilities to administer the building renewal grant fund
and new school facilities formula. The facilities listed in the
database must include all buildings that are owned by school
districts. The school facilities board shall ensure that the
database is updated on at least an annual basis. Each school
district shall report to the school facilities board no later than September 1
of each year information as required by the school facilities board for the
administration of the building renewal grant fund and computation of new school
facilities formula distributions, including the nature and cost of major
repairs, renovations or physical improvements to or replacement of building
systems or equipment that were made in the previous year and that were paid for
either with local monies or monies provided by the school facilities board from
the building renewal grant fund. Each school district shall report
any school or school buildings that have been closed, that have been leased to
another entity or that operate as a charter school. The school facilities
board may review or audit the information, or both, to confirm the information
submitted by a school district. Notwithstanding any other provision of this
chapter, if a school district converts space that is listed in the database
maintained pursuant to this paragraph to space that will be used for
administrative purposes, the school district is responsible for any costs
associated with the conversion, maintenance and replacement of that space. If
a building is significantly upgraded or remodeled, the school facilities board
shall adjust the age of that school facility in the database as follows:
(a) Determine
the building capacity value as follows:
(i) Multiply
the student capacity of the building by the per pupil square foot capacity
established by section 15‑2041.
(ii) Multiply
the product determined in item (i) of this subdivision by the cost per square
foot established by section 15‑2041.
(b) Divide
the cost of the renovation by the building capacity value determined in
subdivision (a) of this paragraph.
(c) Multiply
the quotient determined in subdivision (b) of this paragraph by the currently
listed age of the building in the database.
(d) Subtract
the product determined in subdivision (c) of this paragraph from the currently
listed age of the building in the database, rounded to the nearest whole
number. If the result is a negative number, use zero.
3. Inspect
school buildings at least once every five years to ensure compliance with the
building adequacy standards prescribed in section 15‑2011 and routine
preventative maintenance guidelines as prescribed in this section with respect
to construction of new buildings and maintenance of existing buildings. The
school facilities board shall randomly select twenty school districts every
thirty months and inspect them pursuant to this paragraph.
4. Review
and approve student population projections submitted by school districts to
determine to what extent school districts are entitled to monies to construct
new facilities pursuant to section 15‑2041. The board shall make a final
determination within six five months
of after the receipt of an
application by a school district for monies from the new school facilities
fund.
5. Certify
that plans for new school facilities meet the building adequacy standards
prescribed in section 15‑2011.
6. Develop
prototypical elementary and high school designs. The board shall review the
design differences between the schools with the highest academic productivity
scores and the schools with the lowest academic productivity scores. The board
shall also review the results of a valid and reliable survey of parent quality
rating in the highest performing schools and the lowest performing schools in
this state. The survey of parent quality rating shall be
administered by the department of education. The board shall
consider the design elements of the schools with the highest academic
productivity scores and parent quality ratings in the development of elementary
and high school designs. The board shall develop separate school designs for
elementary, middle and high schools with varying pupil capacities.
7. Develop
application forms, reporting forms and procedures to carry out the requirements
of this article.
8. Review
and approve or reject requests submitted by school districts to take actions
pursuant to section 15‑341, subsection G.
9. Submit
electronically an annual report on or before December 15 to the speaker of the
house of representatives, the president of the senate, the superintendent of
public instruction, the secretary of state and the governor that includes the
following information:
(a) A
detailed description of the amount of monies distributed by the school
facilities board in the previous fiscal year.
(b) A
list of each capital project that received monies from the school facilities
board during the previous fiscal year, a brief description of each project that
was funded and a summary of the board's reasons for the distribution of monies
for the project.
(c) A
summary of the findings and conclusions of the building maintenance inspections
conducted pursuant to this article during the previous fiscal year.
(d) A
summary of the findings of common design elements and characteristics of the
highest performing schools and the lowest performing schools based on academic
productivity, including the results of the parent quality rating
survey. For the purposes of this subdivision, "academic
productivity" means academic year advancement per calendar year as
measured with student‑level data using the statewide nationally standardized
norm‑referenced achievement test.
10. On
or before December 1 of each year, report electronically to the joint committee
on capital review the amounts necessary to fulfill the requirements of sections
15‑2022 and 15‑2041 for the following three fiscal
years. In developing the amounts necessary for this report, the
school facilities board shall use the most recent average daily membership data
available. On request from the board, the department of education shall make
available the most recent average daily membership data for use in calculating
the amounts necessary to fulfill the requirements of section 15‑2041 for
the following three fiscal years. The board shall provide copies of the report
to the president of the senate, the speaker of the house of representatives and
the governor.
11. Adopt
minimum school facility adequacy guidelines to provide the minimum quality and
quantity of school buildings and the facilities and equipment necessary and
appropriate to enable pupils to achieve the educational goals of the Arizona
state schools for the deaf and the blind. The school facilities board shall
establish minimum school facility adequacy guidelines applicable to the Arizona
state schools for the deaf and the blind.
12. In
each even‑numbered year, report electronically to the joint committee on
capital review the amounts necessary to fulfill the requirements of section 15‑2041
for the Arizona state schools for the deaf and the blind for the following two
fiscal years. The Arizona state schools for the deaf and the blind shall
incorporate the findings of the report in any request for new school facilities
monies. Any monies provided to the Arizona state schools for the
deaf and the blind for new school facilities are subject to legislative appropriation.
13. On
or before June 15 of each year, submit electronically detailed information
regarding demographic assumptions, a proposed construction schedule and new
school construction cost estimates for individual projects approved in the
current fiscal year and expected project approvals for the upcoming fiscal year
to the joint committee on capital review for its review. A copy of the report
shall also be submitted electronically to the governor's office of strategic
planning and budgeting. The joint legislative budget committee staff, the
governor's office of strategic planning and budgeting staff and the school
facilities board staff shall agree on the format of the report.
14. Every
two years, provide school districts with information on improving and
maintaining the indoor environmental quality in school buildings.
15. On
or before December 31 of each year, report to the joint legislative budget
committee on all class B bond approvals by school districts in that
year. Each school district shall report to the school facilities
board on or before December 1 of each year information required by the school
facilities board for the report prescribed in this paragraph.
16. Validate
proposed adjacent ways projects submitted by school districts as prescribed in
section 15‑995.
B. The
school facilities board may contract for the following services in compliance
with the procurement practices prescribed in title 41, chapter 23:
1. Private
services.
2. Construction
project management services.
3. Assessments
for school buildings to determine if the buildings have outlived their useful
life pursuant to section 15‑2041, subsection G.
4. Services
related to land acquisition and development of a school site.
C. The
governor shall appoint an executive director of the school facilities board
pursuant to section 38‑211. The executive director is eligible
to receive compensation as determined pursuant to section 38‑611 and may
hire and fire necessary staff subject to title 41, chapter 4, article 4 and as
approved by the legislature in the budget. The executive director
shall have demonstrated competency in school finance, facilities design or
facilities management, either in private business or government
service. The executive director serves at the pleasure of the
governor. The staff of the school facilities board is exempt from title 41,
chapter 4, articles 5 and 6. The executive director:
1. Shall
analyze applications for monies submitted to the board by school districts.
2. Shall
assist the board in developing forms and procedures for the distribution and
review of applications and the distribution of monies to school districts.
3. May
review or audit, or both, the expenditure of monies by a school district for
deficiencies corrections and new school facilities.
4. Shall
assist the board in the preparation of the board's annual report.
5. Shall
research and provide reports on issues of general interest to the board.
6. May
aid school districts in the development of reasonable and cost‑effective
school designs in order to avoid statewide duplicated efforts and unwarranted
expenditures in the area of school design.
7. May
assist school districts in facilitating the development of multijurisdictional
facilities.
8. Shall
assist the board in any other appropriate matter or method as directed by the
members of the board.
9. Shall
establish procedures to ensure compliance with the notice and hearing
requirements prescribed in section 15‑905. The notice and hearing
procedures adopted by the board shall include the requirement, with respect to
the board's consideration of any application filed after July 1, 2001 or after
December 31 of the year in which the property becomes territory in the vicinity
of a military airport or ancillary military facility as defined in section 28‑8461
for monies to fund the construction of new school facilities proposed to be
located in territory in the vicinity of a military airport or ancillary
military facility, that the military airport receive notification of the
application by first class mail at least thirty days before any hearing
concerning the application.
10. May
expedite any request for monies in which the local match was not obtained for a
project that received preliminary approval by the state board for school capital
facilities.
11. Shall
expedite any request for monies in which the school district governing board
submits an application that shows an immediate need for a new school facility.
12. Shall
make a determination as to administrative completion within one month after the
receipt of an application by a school district for monies from the new school
facilities fund.
13. Shall
provide technical support to school districts as requested by school districts
in connection with the construction of new school facilities and the
maintenance of existing school facilities and may contract directly with
construction project managers pursuant to subsection B of this section. This
paragraph does not restrict a school district from contracting with a
construction project manager using district or state resources.
D. When
appropriate, the school facilities board shall review and use the statewide
school facilities inventory and needs assessment conducted by the joint
committee on capital review and issued in July, 1995.
E. The
school facilities board shall contract with one or more private building
inspectors to complete an initial assessment of school facilities and equipment
and shall inspect each school building in this state at least once every five
years to ensure compliance with section 15‑2011. A copy of the
inspection report, together with any recommendations for building maintenance,
shall be provided to the school facilities board and the governing board of the
school district.
F. The
school facilities board may consider appropriate combinations of facilities or
uses in making assessments of and curing deficiencies pursuant to subsection A,
paragraph 1 of this section and in certifying plans for new school facilities
pursuant to subsection A, paragraph 5 of this section.
G. The
board shall not award any monies to fund new facilities that are financed by
class A bonds that are issued by the school district.
H. The
board shall not distribute monies to a school district for replacement or
repair of facilities if the costs associated with the replacement or repair are
covered by insurance or a performance or payment bond.
I. The
board may contract for construction services and materials that are necessary
to correct existing deficiencies in school district facilities. The
board may procure the construction services necessary pursuant to this
subsection by any method, including construction‑manager‑at‑risk,
design‑build, design‑bid‑build or job‑order‑contracting
as provided by title 41, chapter 23. The construction planning and services
performed pursuant to this subsection are exempt from section 41‑791.01.
J. The
school facilities board may enter into agreements with school districts to
allow school facilities board staff and contractors access to school property
for the purposes of performing the construction services necessary pursuant to
subsection I of this section.
K. Each
school district shall develop routine preventative maintenance guidelines for
its facilities. The guidelines shall include plumbing systems,
electrical systems, heating, ventilation and air conditioning systems, special
equipment and other systems and for roofing systems shall recommend visual
inspections performed by district staff for signs of structural stress and
weakness. The guidelines shall be submitted to the school facilities
board for review and approval. If on inspection by the school
facilities board it is determined that a school district facility was
inadequately maintained pursuant to the school district's routine preventative
maintenance guidelines, the school district shall return the building to
compliance with the school district's routine preventative maintenance
guidelines.
L. The
school facilities board may temporarily transfer monies between the capital
reserve fund established by section 15‑2003, the emergency deficiencies
correction fund established by section 15‑2022 and the new school
facilities fund established by section 15‑2041 if all of the following
conditions are met:
1. The
transfer is necessary to avoid a temporary shortfall in the fund into which the
monies are transferred.
2. The
transferred monies are restored to the fund where the monies originated as soon
as practicable after the temporary shortfall in the other fund has been
addressed.
3. The
school facilities board reports to the joint committee on capital review the
amount of and the reason for any monies transferred.
M. After
notifying each school district, and if a written objection from the school
district is not received by the school facilities board within thirty days of
the notification, the school facilities board may access public utility company
records of power, water, natural gas, telephone and broadband usage to assemble
consistent and accurate data on utility consumption at school facilities to
determine the effectiveness of facility design, operation and maintenance
measures intended to reduce energy and water consumption and costs. Any public
utility that provides service to a school district in this state shall provide
the data requested by the school facilities board pursuant to this subsection.
N. The
school facilities board shall not require a common school district that
provides instruction to pupils in grade nine to obtain approval from the school
facilities board to reconfigure its school facilities. A common
school district that provides instruction to pupils in grade nine is not
entitled to additional monies from the school facilities board for facilities
to educate pupils in grade nine. END_STATUTE
Sec. 7. Section
15-2011, Arizona Revised Statutes, is amended to read:
START_STATUTE15-2011. Minimum
school facility adequacy requirements; definition
A. The
school facilities board, as determined and prescribed in this chapter, shall
provide funding to school districts for new construction as the number of
pupils in the district fills the existing school facilities and requires more
pupil space.
B. School
buildings in a school district are adequate if all of the following
requirements are met:
1. The
buildings contain sufficient and appropriate space and equipment that comply
with the minimum school facility adequacy guidelines established pursuant to
subsection F of this section. The state shall not fund facilities for elective
courses that require the school district facilities to exceed minimum school
facility adequacy requirements. The school facilities board shall
determine whether a school building meets the requirements of this paragraph by
analyzing the total square footage that is available for each pupil in
conjunction with the need for specialized spaces and equipment.
2. The
buildings are in compliance with federal, state and local building and fire
codes and laws that are applicable to the particular building, except that a
school with an aggregate area of less than five thousand square feet is subject
to permitting and inspection by a local fire marshal and is only subject to
regulation or inspection by the state fire marshal if the county, city or town
in which the school is located does not employ a local fire
marshal. An existing school building is not required to comply with
current requirements for new buildings unless this compliance is specifically
mandated by law or by the building or fire code of the jurisdiction where the
building is located.
3. The
building systems, including roofs, plumbing, telephone systems, electrical
systems, heating systems and cooling systems, are in working order and are
capable of being properly maintained.
4. The
buildings are structurally sound.
C. The
standards that shall be used by the school facilities board to determine
whether a school building meets the minimum adequate gross square footage
requirements are as follows:
1. For
a school district that provides instruction to pupils in programs for preschool
children with disabilities, kindergarten programs and grades one through six,
eighty square feet per pupil in programs for preschool children with
disabilities, kindergarten programs and grades one through six.
2. For
a school district that provides instruction to up to eight hundred pupils in
grades seven and eight, eighty‑four square feet per pupil in grades seven
and eight.
3. For
a school district that provides instruction to more than eight hundred pupils
in grades seven and eight, eighty square feet per pupil in grades seven and
eight or sixty‑seven thousand two hundred square feet, whichever is more.
4. For
a school district that provides instruction to up to four hundred pupils in
grades nine through twelve, one hundred twenty‑five square feet per pupil
in grades nine through twelve.
5. For
a school district that provides instruction to more than four hundred and up to
one thousand pupils in grades nine through twelve, one hundred twenty square
feet per pupil in grades nine through twelve or fifty thousand square feet,
whichever is more.
6. For
a school district that provides instruction to more than one thousand and up to
one thousand eight hundred pupils in grades nine through twelve, one hundred
twelve square feet per pupil in grades nine through twelve or one hundred
twenty thousand square feet, whichever is more.
7. For
a school district that provides instruction to more than one thousand eight
hundred pupils in grades nine through twelve, ninety‑four square feet per
pupil in grades nine through twelve or two hundred one thousand six hundred
square feet, whichever is more.
D. The
school facilities board may modify the square footage requirements prescribed
in subsection C of this section or modify the amount of monies awarded to cure
the square footage deficiency pursuant to this section for particular school
districts based on extraordinary circumstances for any of the following
considerations:
1. The
number of pupils served by the school district.
2. Geographic
factors.
3. Grade
configurations other than those prescribed in subsection C of this section.
E. In
measuring the square footage per pupil requirements of subsection C of this
section, the school facilities board shall:
1. Use
the most recent one hundredth fortieth day
average daily membership.
2. For
each school, use the lesser of either:
(a) Total
gross square footage.
(b) Student
capacity multiplied by the appropriate square footage per pupil prescribed by
subsection C of this section.
3. Consider
the total space available in all schools in use in the school district, except
that the school facilities board shall allow an exclusion of the square footage
for certain schools and the pupils within the schools' boundaries if the school
district demonstrates to the board's satisfaction unusual or excessive busing
of pupils or unusual attendance boundary changes between schools.
4. Compute
the gross square footage of all buildings by measuring from exterior wall to
exterior wall. Square footage used solely for district
administration, storage of vehicles and other nonacademic purposes shall be
excluded from the net square footage.
5. Include
all portable and modular buildings.
6. Include
in the net square footage new construction funded wholly or partially by the
school facilities board based on the square footage funded by the school
facilities board. If the new construction is to exceed the square
footage funded by the school facilities board, the excess square footage shall
not be included in the net square footage if any of the following applies:
(a) The
excess square footage was constructed before July 1, 2002 or funded by a class
B bond, impact aid revenue bond or capital outlay override approved by the
voters after August 1, 1998 and before June 30, 2002 or funded from
unrestricted capital outlay expended before June 30, 2002.
(b) The
excess square footage of new school facilities does not exceed twenty‑five
percent of the minimum square footage requirements pursuant to subsection C of
this section.
(c) The
excess square footage of expansions to school facilities does not exceed twenty‑five
percent of the minimum square footage requirements pursuant to subsection C of
this section.
7. Exclude
square footage built under a developer agreement according to section 15‑342,
paragraph 33 until the school facilities board provides funding for the square
footage under section 15‑2041, subsection O.
8. Include
square footage that a school district has leased to another entity.
F. The
school facilities board shall adopt rules establishing minimum school facility
adequacy guidelines. The guidelines shall provide the minimum
quality and quantity of school buildings and facilities and equipment necessary
and appropriate to enable pupils to achieve the academic standards pursuant to
section 15‑203, subsection A, paragraphs 12 and 13 and sections 15‑701
and 15‑701.01. At a minimum, the school facilities board shall
address all of the following in developing these guidelines:
1. School
sites.
2. Classrooms.
3. Libraries
and media centers, or both.
4. Cafeterias.
5. Auditoriums,
multipurpose rooms or other multiuse space.
6. Technology.
7. Transportation.
8. Facilities
for science, arts and physical education.
9. Other
facilities and equipment that are necessary and appropriate to achieve the
academic standards prescribed pursuant to section 15‑203, subsection A,
paragraphs 12 and 13 and sections 15‑701 and 15‑701.01.
10. Appropriate
combinations of facilities or uses listed in this section.
G. The
board shall consider the facilities and equipment of the schools with the
highest academic productivity scores, as prescribed in section 15‑2002,
subsection A, paragraph 9, subdivision (d), and the highest parent quality
ratings in the establishment of the guidelines.
H. The
school facilities board may consider appropriate combinations of facilities or
uses in making assessments of and curing existing deficiencies pursuant to
section 15‑2002, subsection A, paragraph 1 and in certifying plans for
new school facilities pursuant to section 15‑2002, subsection A,
paragraph 5.
I. For
the purposes of this section, "student capacity" means the capacity
adjusted to include any additions to or deletions of space, including modular
or portable buildings at the school. The school facilities board
shall determine the student capacity for each school in conjunction with each
school district, recognizing each school's allocation of space as of July 1,
1998, to achieve the academic standards prescribed pursuant to section 15‑203,
subsection A, paragraphs 12 and 13 and sections 15‑701 and 15‑701.01.END_STATUTE"
Renumber to
conform
Page 24,
line 41, after "recent" insert "fortieth day"
Line 42,
after "available" insert "during the current
school year"
Page 25,
line 12, strike "one hundredth" insert "fortieth"
Line 13,
after "membership" insert "during
the current school year"
Page 25,
line 19, strike "one hundredth" insert "fortieth"
Line 20,
after "membership" insert "during
the current school year"
Line 21,
strike "or previous"
Page 33,
line 21, after "budget" insert "of up to seven hundred thousand
dollars"
Line 23,
after "Statutes" insert ", without first petitioning the county
school superintendent or county board of supervisors and without need of
approval from the county board of supervisors"
After line
26, insert:
"Sec. 16. General budget limit increase; minimum qualifying tax rate
district; fiscal year 2017-2018
The general budget
limit for a school district that in fiscal year 2016-2017 was subject to the
additional tax in districts ineligible for equalization assistance pursuant to
section 15-992, Arizona Revised Statutes, and that in fiscal year 2015-2016 had
a total attending average daily membership count of at least five thousand
pupils according to the annual report of the superintendent of public
instruction for fiscal year 2015-2016 shall be increased by $1,500,000 in
fiscal year 2017-2018 above the amounts that otherwise would be computed
pursuant to section 15-947, Arizona Revised Statutes.
Sec. 17. Pilot program for nationally recognized college‑readiness
examinations; reporting requirements; delayed repeal
A. The
commission for postsecondary education shall establish a one‑year pilot
program for school districts and charter schools to receive grants to
administer nationally recognized college-readiness examinations for the
2017-2018 school year to students in grade eleven. A nationally recognized
college-readiness examination shall include tests in English, reading,
mathematics and science. The commission for postsecondary education
shall establish application procedures on a first‑come, first‑served
basis for school districts and charter schools to apply for grants to pay for a
nationally recognized college-readiness examination. School districts and
charter schools that receive designated monies from any other source, including
a nonprofit organization, for the 2017‑2018 school year to provide
nationally recognized college‑readiness examinations are not eligible to
participate in the pilot program. School districts and charter schools that
participate in the pilot program shall report to the commission for
postsecondary education the number of students who took a college‑readiness
examination, the name of the college‑readiness examination and the
aggregate achievement of students who took the college‑readiness
examination. Any student achievement data reported may not violate students'
personal privacy and shall be in accordance with the family educational rights
and privacy act of 1974 (20 United States Code section 1232g).
B. A
school district or charter school that participates in the pilot program shall
notify parents of the opportunity for students in grade eleven to take a
college-readiness examination free of charge and the requirements for
participating. A student is not required to take a college-readiness
examination.
C. The
commission for postsecondary education shall submit a report on or before November
30, 2018 to the governor, the president of the senate and the speaker of the
house of representatives that summarizes the results of the pilot program,
including the number and amounts of grants distributed to school districts and
charter schools, the number of students who took a college-readiness
examination, the name of the college-readiness examination and the aggregate
achievement of students who took the college‑readiness
examination. Any student achievement data reported may not violate
students' personal privacy and shall be in accordance with the family
educational rights and privacy act of 1974 (20 United States Code section
1232g). The commission shall provide a copy of this report to the secretary of
state.
D. This
section is repealed from and after December 31, 2018.
Sec. 18. Appropriation; commission for postsecondary education;
college-readiness examinations pilot program; fiscal year 2017-2018
In
addition to any other appropriations made to the commission for postsecondary
education for fiscal year 2017-2018, the sum of $235,000 is appropriated from
the state general fund in fiscal year 2017-2018 to the commission for
postsecondary education for the pilot program for nationally recognized
college-readiness examination.
Sec. 19. Retroactivity
Section 15‑2041,
subsection C, Arizona Revised Statutes, as amended by this act, applies
retroactively to from and after June 30, 2017."
Amend title to conform
Bill
Number: S.B. 1530