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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
CTEDs; district governing boards; elections
Purpose
Allows a qualified elector to submit a petition to reduce the number of school district governing board (governing board) members from five to three and establishes election and membership requirements. Modifies requirements for career technical education district (CTED) governing board candidates.
Background:
A CTED governing board is responsible for the management and control of the CTED, including content of courses, quality and salaries of teachers and the reimbursement of other entities. A person is eligible for election to a CTED governing board if they are a registered voter in Arizona and a resident of the single member district (A.R.S. § 15-393).
A governing board serves as the governing body of a school district and is made up of three elected members (A.R.S. § 15-421). Governing board members are elected in general elections by qualified electors living within the boundaries of the school district (A.R.S. § 15-401).
An elector of a school district may submit a petition to the county school superintendent, signed by at least 10 percent of the electors, requesting a special election to determine if the governing board should be increased to five members. The county school superintendent must then call a special election at least 90 days before the general election. Public notices of the special election must be posted in at least three places in the district at least 10 days prior to the election. If a majority of the electors vote to increase the governing board, the school district must elect five governing board members (A.R.S. § 15-425).
A school district that increases its governing board to five members must elect members as follows: 1) if one of the previous three offices is to be filled, the three candidates having the highest number of votes must be elected to four-year terms; or 2) if two of the previous three offices are to be filled, the candidates receiving the highest, the second highest and the third highest number of votes must be elected to four-year terms (A.R.S. § 15-424).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
CTED Governing Board
1. Requires a person, to be eligible for election to a CTED governing board, to have been a resident of the single member district for at least one year immediately preceding the election.
Reduction Election
2. Allows a qualified elector of a school district to request that the question of reducing the governing board to three members be considered at the next general election by submitting a petition signed by at least 10 percent of the qualified electors of the district to the county school superintendent.
3. Requires the county school superintendent to submit the question of reducing the governing board membership to three at the next general election upon receipt of a petition in proper form with necessary signatures.
4. Specifies only a school district that previously increased its governing board to five members is eligible to reduce its governing board to three members.
5. Requires public notices that the general election will address the question of reducing the number of governing board members be posted in at least three public places in the school district for at least 10 days before the election.
6. Requires the ballot to contain the words: Three governing board members, yes. Three governing board members, no.
7. Requires a school district to reduce its governing board to three members if the majority of the electors vote in the affirmative.
8. Prohibits the question from being placed on the ballot for at least one year after the election date if the majority of the electors vote in the negative.
Membership Terms
9. Directs a school district, of which electors voted to reduce its governing board to three members, to reduce its membership as follows:
a) if two of the previous five offices are expiring, then:
i. at the first general election after the reduction, the candidate with the highest number of votes will be elected to a four-year term; and
ii. at the second general election after the reduction, the candidates with the highest and second highest number of votes will be elected to four-year terms; or
b) if three of the previous five offices are expiring at the first general election after reduction, the candidate with the highest number of votes will be elected to a four-year term.
10. Requires a governing board member serving in a district that voted to reduce its membership to continue to serve until their current term of office expires.
Miscellaneous
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
House Action
ED 1/12/21 DP 10-0-0-0
3rd Read 1/28/21 58-0-2
Prepared by Senate Research
March 19, 2021
JO/JP/gs