ARIZONA
HOUSE OF REPRESENTATIVES
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SB1161: school facilities; revisions |
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PRIME SPONSOR: Senator Borrelli, LD 5 BILL STATUS: House Engrossed |
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Requires the School Facilities Board (SFB)
to list vacant or partially used buildings that are suitable for school
operations and establishes guidelines for the sale or lease of those buildings.
History
The SFB provides services and funding for school district through administration of Building Renewal Grants Fund (BRG) (A.R.S. § 15-2032), New School Facilities Fund (NSF) (A.R.S. § 15-2041) and the Emergency Deficiencies Correction Fund (A.R.S. § 15-2022). The SFB Executive Director is responsible for analyzing applications for SFB monies and reviewing or auditing the expenditure of monies by a school district for deficiencies corrections and new school facilities (A.R.S. § 15-2002).
Pursuant to A.R.S. § 15-189, the SFB annually publishes a list of vacant and unused buildings and portions of buildings owned by the state or by a school district that may be suitable for the operation of a charter school (FY2019 Vacant Space Report).
Additionally, the SFB maintains a database on school facilities to administer the BRG and NSF which must include all buildings that are owned by school districts. Each school district must annually update SFB on information that is required for this database, including the nature and cost of major repairs, renovations or physical improvements to or replacement of building systems or equipment from the previous year (A.R.S. § 15-2002(A)(2)).
Statute forbids a school district that is selling or leasing a vacant or unused building or portion of a building from prohibiting a charter school from negotiating to buy or lease the building. School districts are required to attempt to obtain the highest possible value under current market conditions for the sale or lease of the vacant or unused building. Additionally, statute currently allows school districts to sell used equipment to charter schools before the school district attempts to sell or dispose of the equipment by other means (A.R.S. § 15-189).
Provisions
School Facilities Board
1. Requires the SFB, in conjunction with the Department of Administration, to annually publish a publicly available list of state- or school district-owned vacant buildings and partially used buildings that may be suitable for the operation of a school. (Sec. 1)
2. Directs the SFB to submit this report annually to the Governor, President of the Senate, and Speaker of the House of Representatives, with copies provided to the Secretary of State and State Board for Charter Schools. (Sec. 1)
3. Requires each school district to report to the SFB any school or school building that is vacant or partially used and that has been leased to another entity or that operates a charter school. (Sec. 8)
4. Directs the SFB to develop guidelines and definitions for reporting information on schools or school buildings that are vacant or partially used and that have been leased to another entity or that operate a charter school. (Sec. 8)
5. Requires the SFB to inspect school buildings at least once every 5 years to ensure the accuracy of the reporting of vacant and partially used buildings. (Sec. 8)
School District Governing Boards
6. Forbids a school district from prohibiting a charter school or private school from negotiating to buy or lease a vacant or partially used building. (Sec. 1)
7. Allows a school district governing board to enter into a partnership with an entity—including a charter school, another school district or a military base—pursuant to a written agreement to:
a. operate a school
b. offer educational services in a district building, including at a vacant or partially used school building,
c. offer educational services in any building on the entity's property. (Sec. 3)
8. Allows a school district to sell used equipment to a charter school or private school before it attempts to sell or dispose of this equipment. (Sec. 1)
Elections related to school district property
9. Allows a school district governing board to:
a. Enter into leases or lease-purchase agreements for school buildings or grounds, as a lessor or lessee, for periods of less than 20 years, instead of 15 years, that are subject to voter approval for school building construction. (Sec. 5)
b. Sell school sites or enter into leases or lease-purchase agreements for school buildings and grounds for a period of 20 years or more, rather than 15 years or more, if authorized by a vote of the school district's electors. (Sec. 5)
10. Requires a school district governing board to call a special election to reauthorize it to negotiate a lease for school buildings or grounds, if the lease is not entered into within 20 years, rather than 10 years, of the election date. (Sec. 7)
11. Exempts the sale or lease of a school building or the lease of a portion of a building, if the building is vacant or partially use for at least three years, from being subject to approval at an election. (Sec. 6)
Definitions
12. Defines partially used buildings as buildings with at least 4,500 square feet of contiguous, unused space, but excludes buildings used for special education services, preschool programs, career technical education, schools that have been open for less than 5 years and magnet schools provided that these exclusions are not applied to more than 25% of a school district's school buildings. (Sec. 1)
13. Defines vacant buildings as a building that has been vacant and unused for at least two years. (Sec. 1)
Miscellaneous
14. Repeals A.R.S. § 15-341 as amended by Laws 2018, Ch. 329, §1 to resolve conflicting statutes relating to the powers and duties of school district governing boards. (Sec. 4)
15. Makes technical changes. (Sec. 3 and 5)
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Fifty-fourth Legislature SB 1161
First Regular Session Version 4: House Engrossed
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