ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2259: common school districts; unification; budget

Sponsor: Representative Osborne, LD 13

Committee on Education

Overview

An emergency measure that allows a common school district that meets specified requirements to continue calculating its budget and equalization assistance until a high school is approved by the School Facilities Board (SFB) and constructed for the newly formed unified school district.

History

Under statute, a school district governing board may admit up to 350 students in grades nine through twelve from a common (K-8) school district that does not offer high school instruction and does not have a high school district within its boundaries. The number of high school students that a common school district may be charged tuition for is equal to the average daily membership in the district of attendance for the prior year. If the common school district and receiving school district enter into an agreement for tuition payment, the agreement must include the method for computing tuition and the timing of the payments. The agreement, and any renewals, may not be longer than five years. For the purposes of determining state aid, these students are deemed to be enrolled in the common school district and the tuition payments are included in the common school district’s revenue control limit, including any transportation charges (A.R.S. §§ 15-824 and 15-951).

Laws 2007, Chapter 283 allows a common school district that was not within the boundaries of a high school district and that elected to become a unified school district to continue to include tuition costs in its budget and equalization assistance. This provision expired on July 1, 2011 and a high school was not constructed. Laws 2010, Chapter 332 extends the amount of time provided to these newly unified school districts to July 1, 2016, or until a new high school is constructed. Finally, Laws 2016, Chapter 220 extends this provision until June 30, 2020 or until a new high school is constructed. The Nadaburg Unified School District is the only school district affected by this session law.

Provisions

1. Allows a common school district that is not within the boundaries of a high school district and that was authorized to establish a unified school district to continue calculating its budget and equalization assistance until a high school is approved by SFB and constructed for the newly formed unified school district if the newly formed unified school district has not constructed a high school within ten years after the unification election. (Sec. 1)

2. Allows a newly formed unified school district that was formerly a common school district and phases in instruction for students in grades 9-12 to continue calculating its budget and equalization assistance for a maximum of five years after the first year of the operation of the new high school in the newly formed unified school district. (Sec. 1)

3. Prohibits a school district that meets the specified criteria from retroactively adjusting its budget for any fiscal year other than FY 2021. (Sec. 1)

4. Repeals Laws 2007, Chapter 283, Section 6, as amended by Laws 2010, Chapter 332, Section 28 and Laws 2016, Chapter 220, Section 1. (Sec. 2)

5. Contains a retroactivity clause of July 1, 2020. (Sec. 3)

6. Contains an emergency clause. (Sec. 4)

7. Makes technical changes. (Sec. 1)

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11. HB 2259

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