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REFERENCE TITLE: state law; violations; school districts |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1308 |
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Introduced by Senator Borrelli
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AN ACT
amending Title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-194.02; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-194.02, to read:
41-194.02. Violations of state law by school districts and school district employees; attorney general investigation; report; withholding of state aid
A. At the request of one or more members of the legislature, the attorney general shall investigate any policy, procedure or other official action adopted or taken by a school district governing board or any action taken by a school district employee in the employee's official capacity that the member or members allege violates state law or the Constitution of Arizona.
B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state. If the attorney general concludes that the policy, procedure or other action under investigation:
1. Violates state law or the Constitution of Arizona, the attorney general shall notify the school district, by certified mail, of the violation and shall indicate that the school district has thirty days to resolve the violation. If the attorney general determines that the school district has failed to resolve the violation within thirty days, the attorney general shall:
(a) Notify the superintendent of public instruction, who shall withhold ten percent of the monthly apportionment of state aid that would otherwise be due to the school district for each month the violation continues. The school district shall reduce its budget limit accordingly.
(b) Continue to monitor the response of the school district and, when the offending policy, procedure or other action is discontinued or the violation is otherwise resolved, the attorney general shall notify both:
(i) The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved.
(ii) The superintendent of public instruction, who shall stop withholding monies to the school district pursuant to subdivision (a) of this paragraph.
2. May violate state law or the Constitution of Arizona, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases. The court shall require the school district to post a bond equal to ten percent of the monthly apportionment of state aid due to the school district the month that the special action is filed.
3. Does not violate state law or the Constitution of Arizona, the attorney general shall take no further action.