State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2286: charter school board; rulemaking exemption

PRIME SPONSOR: Representative Boyer, LD 20

BILL STATUS: House Engrossed

 

Legend: SBCS – State Board for Charter Schools GRRC – Governor's Regulatory Review Council Amendments – BOLD and Stricken (Committee)

Abstract

Relating to SBCS rulemaking exemptions.

Provisions

1.       Directs SBCS to adopt necessary rules and policies to accomplish its statutory purpose. (Sec. 1)

2.       Exempts SBCS from state rulemaking requirements that include:

a.     Publication of agency rules;

b.    Rulemaking guidelines;

c.     Attorney General review; and

d.    GRRC review. (Sec. 2)

3.       Directs SBCS to adopt policies or rules for the board and board sponsored charter schools that provide notice of and opportunity for comment on policies and rules proposed for adoption. (Sec. 2)

4.       Requires SBCS to provide at least two opportunities for public comment when changing or implementing any rules. (Sec. 2)

5.       Directs SBCS and the State Board of Education to consider the fiscal impact of proposed rules. (Sec. 2)

6.       Makes technical changes. (Sec. 1)

Current Law

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSBCS is charged with exercising general supervision over board-sponsored charter schools and recommending legislation pertaining to the charter schools (A.R.S. § 15-182). Each agency is required to make their rules and formal procedures available the public and establish and maintain a public rule making docket for each pending procedure (A.R.S. §§ 41-1003, 41-1021).  Agencies must prepare and transmit the rule's preamble and its economic, small business and consumer impact statements to GRRC for final review, unless the agency meets the statutory exemption. GRRC is then charged with reviewing that the rule meets statutory requirements and approving the rule or returning it to the agency within 120 days of receipt. If GRRC returns the rule to the agency, the agency is authorized to resubmit the rule (A.R.S. § 41-1052). The Attorney General must review all exempt rules and approve them as 1) in proper form; 2) clear, concise, and understandable; 3) within the power of the agency; and 4) in compliance with appropriate procedures (A.R.S. § 41-1044).

 

 

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  HB 2286

Second Regular Session                               Version 3: House Engrossed

 

---------- DOCUMENT FOOTER ---------