15-1402.01. Alternative organization for community college districts; definition

A. A county that does not meet the requirements prescribed in section 15-1402 may organize a community college district under this chapter if all of the following requirements are met:

1. A provisional community college district that began operations before January 1, 2015 has been in operation in that county for at least five years immediately before the formation of the proposed community college district pursuant to this section.

2. The most recent number of full-time equivalent student enrollment calculated pursuant to section 15-1466.01 for the provisional community college district is at least four hundred fifty.

3. The proposed community college district is actively seeking accreditation from a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation.

4. A member of the public requests, or the governing board schedules, public meetings to discuss and hear testimony on converting the provisional community college district to an independent community college district.

5. At the next regularly scheduled meeting after the meeting prescribed in paragraph 4 of this subsection, the governing board of the provisional community college district adopts a resolution to form a community college district pursuant to this section. 

6. Notwithstanding section 42-17056, after the governing board of the provisional community college district adopts a resolution pursuant to paragraph 5 of this subsection, the governing board may call an election on a general election date of the board's choice to seek voter approval to increase the primary property tax levy for the provisional community college district.  If a majority of the qualified electors voting:

(a) Approve the proposed levy amount, the levy applicable for the district for the next tax year shall not exceed the approved amount and the governing board shall not seek voter approval to increase the primary property tax levy in any subsequent year.

(b) Disapprove the proposed levy amount, the district shall levy a primary property tax based on the previously authorized levy.

7. The provisional community college district has maintained a regional accreditation and oversight relationship with another postsecondary institution until the conversion of the provisional community college district to an independent community college district.

B. A community college district established pursuant to this section shall maintain a regional accreditation and oversight relationship with another postsecondary institution until the district achieves initial candidacy status from a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation.

C. For the purposes of this section, "postsecondary institution" means any of the following:

1. An accredited community college district that is organized pursuant to this chapter.

2. A university under the jurisdiction of the Arizona board of regents.

3. A community college in this state that is owned, operated or chartered by a qualifying Indian tribe on its own Indian reservation.