ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: ED DP 12-0-1-0

HB 2109: unification; consolidation; notice; ballot language

Sponsor:  Representative Udall, LD 25

Caucus & Cow

Overview

Changes public notice posting requirements for school district governing boards (governing boards) proposing to unify or proposing to consolidate. Alters ballot language for an election to consolidate school districts.

History

Formation of Unified School District by Common School District and High School District

One or more common school districts and a high school district with coterminous or overlapping boundaries may establish a unified school district through resolutions approved by the governing boards of the unifying school districts and certification of approval to the county school superintendent of the county or counties in which the school districts are located. Statute does not require an election to be held to form a unified school district in this instance.

At least 90 days before voting on the resolution to unify, the governing boards are required to mail a pamphlet to each household with one or more qualified electors that list the full cash value, the assessed valuation and the estimated amount of the primary property taxes and secondary property taxes under the proposed unification (A.R.S. § 15-448).

 

Formation of a Unified School District by Common School District

A common school district that has a student count of at least 200 pupils and assessed valuation of at least $2,000,000 may, by a majority vote of the school electors of a school district, establish a unified school district.

To form a unified school district in this instance, either of the following must occur: 1) a majority of the common school district governing board may unite in a petition to the county school superintendent; or 2) 10% of the residents of the common school district may unite in a petition to the county school superintendent. If either of these options occur, the county school superintendent is required to call an election to be held at the next regular election of the governing board, if the next regular election is within 90 days after receipt of the petition. Under current law, the county school superintendent may call a special election within sixty days of receiving the petition. At least five public notices of the election must be posted, one of which is to be posted on the door of a school in the district at least 10 days before the election (A.R.S. § 15-449).

Consolidation of Districts

Two or more school districts in the same county or in adjacent counties may consolidate in two ways: 1) on request of the governing boards; or 2) on receipt of petitions signed by 10% or more of the qualified electors who reside in each of the school districts. Upon either of these options and within 10 days, the county school superintendent of each of the counties affected is required to call an election. Currently, statute requires notice of the election to be posted in at least three public places in each of the school districts at least 25 days before the election (A.R.S. § 15-459).

Provisions

Formation of Unified School District by Common School District and High School District

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires notice of a proposed vote by the governing boards on resolutions to unify school districts to be posted in at least three public places in each of the school districts at least 90 days before the proposed vote. (Sec. 2)

Formation of a Unified School District by Common School District

2.    Increases, from 60 days to 100 days, the time in which a county school superintendent is required to call a special election for the purpose of establishing a unified school district. (Sec. 3)

3.    Requires public notice to be posted at least 90 days before the election, if the election is at least 90 days after the receipt of the petition to unify, or as soon as practicable, if the election is fewer than 90 days after the receipt of the petition to unify. (Sec. 3)

Consolidation of Districts

4.    Requires notice of an election for the consolidation of school districts to be posted within 90 days of the election. (Sec. 4)

5.    Alters the language required to be included in a ballot for a consolidation election. (Sec. 4)

Miscellaneous

6.    Contains a delayed effective date of January 1, 2023. (Sec. 7)

7.    Makes technical and conforming changes. (Sec. 1-6)

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11.  Initials CH/EB                   Caucus & COW

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