SB1280 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-302, Arizona Revised Statutes, is amended to read:

START_STATUTE15-302. Powers and duties

A. The county school superintendent shall:

1. Distribute all laws, reports, circulars, instructions and forms that the county school superintendent may receive for the use of school officers.

2. Record all official acts.

3. Appoint governing board members of school districts to fill all vacancies, but the term of the appointment shall be until the next regular election for governing board members, at which time a successor shall be elected to serve the unexpired portion of the term. A person who is subject to registration as a sex offender in this state or in any other jurisdiction is ineligible for appointment under this paragraph. Within thirty days after notification of a vacancy, the school district governing board may submit up to three names to the county school superintendent for consideration of an appointment to fill the vacancy. The county school superintendent is not required to appoint a governing board member from the list of names submitted by the governing board. The county school superintendent, if the county school superintendent deems it in the best interest of the community, may call a special election to fill the vacancies. If an election is called, the newly elected member shall serve for the remainder of the unexpired portion of the term.

4. Make reports, when directed by the superintendent of public instruction, showing matters relating to schools in the county as may be required on the forms furnished by the superintendent of public instruction.

5. Have such powers and perform such duties as otherwise prescribed by law.

6. On or before October 1 of each year, report to the superintendent of public instruction the amount of monies received from state school funds, special school district taxes and other sources, the total expenditures for school purposes and the balance on hand to the credit of each school district at the close of the school year.

7. Contract with the board of supervisors for the board of supervisors to conduct all regular school district elections.

8. Be responsible, in cooperation with the school district governing boards and the board of supervisors, for all special school district elections.

9. Maintain teacher and administrator certification records of effective dates and expiration dates of teachers' and administrators' certificates in compliance with guidelines prescribed in the uniform system of financial records for those school districts for which the county school superintendent is the fiscal agent. The county school superintendent shall not draw a warrant in payment of a teacher's, substitute teacher's or administrator's salary unless the teacher, substitute teacher or administrator is legally certified during the fiscal year in which the term for payment is demanded.

10. Notify a school district three years before the expiration of a revenue control limit override that the school district's budget must be adjusted in the final two years of the override pursuant to section 15-481, subsections P and Q, if the voters do not approve another override.

11. In collaboration with the department of education and other state agencies, provide assistance to assist school districts, charter schools, county free library districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools on the use of using student data, staff development, curriculum alignment and technology to improve student performance.

12. Assist schools in meeting yearly adequate progress goals as defined by criteria established by the state board of education and implemented by the department of education.

B. At the request of school districts and charter schools, the county school superintendent may provide discretionary programs in addition to the programs prescribed in subsection A of this section.

C. The county school superintendent may provide the services prescribed in subsections A and B of this section in the county or jointly with two or more counties pursuant to title 11, chapter 7, article 3.

D. Each county school superintendent may establish an advisory committee to the office of the county school superintendent. END_STATUTE

Sec. 2. Section 15-421, Arizona Revised Statutes, is amended to read:

START_STATUTE15-421. Governing boards; members; qualifications; prohibitions; candidate statements; definitions

A. The governing body of a school district shall be a governing board. There shall be three governing board members, except as otherwise provided by this section and section 15-425, subsection A.

B. The governing body of a high school district shall be a governing board composed of:

1. In a single district, the governing board members of the common school district.

2. In a union high school district, five members.

C. A person who is eligible for election to the office of governing board member if all of the following apply:

1. The person is a registered voter of this state and who.

2. The person has been a resident of the school district for at least one year immediately preceding the day of election is eligible for election to the office of governing board member.

3. The person is not subject to registration as a sex offender in this state or in any other jurisdiction.

D. An employee of a school district, including a person who directly provides certified or classified services to the school district as an employee of a third-party contractor, or the spouse of such an employee may not hold membership on the governing board of a school district by which the employee is employed.

E. Notwithstanding subsection D of this section and title 38, chapter 3, article 8, a small school district may employ, including employment through a third-party contractor that provides services to the small school district, a substitute teacher who is related to a member of the governing board as the member's spouse or immediate family and who has had the same household of residence within the preceding four years. If a small school district employs a substitute teacher pursuant to this subsection, the member of the governing board who is related to the substitute teacher shall be recused from voting on any matter relating to substitute teachers.

F. A school district may employ, including employment through a third-party contractor that provides services to the school district, a person who served as a member of the school district's governing board during the preceding two years only in a position in which the person will provide services directly to students, including as a certificated teacher, a substitute teacher and an employee or contractor who provides transportation, instructional support or student support services. A school district may increase the time period prescribed in this subsection to be more than two years.

G. A member of one governing board is ineligible to be a candidate for nomination or election to or serve simultaneously as a member of any other governing board, except that a member of a governing board may be a candidate for nomination or election for any other governing board if the member is serving in the last year of a term of office. A member of a governing board shall resign the member's seat on the governing board before becoming a candidate for nomination or election to the governing board of any other school district, unless the member of the governing board is serving in the last year of a term of office.

H. Notwithstanding section 15-511, each county school superintendent shall publish on the superintendent's website the statement of each certified candidate for membership on a school district governing board located in the county. The county school superintendent shall list each school district on the superintendent's website from which a link shall be established to the candidate's name, which shall link to the candidate's statement and photograph. The candidate shall submit the statement to the person at the county school superintendent's office assigned to manage candidate statements, after notice of certification from the county school superintendent's office but not later than twenty-one days before the date that general election early ballots are allowed to be mailed. The person shall post each candidate's statement on the county school superintendent's website not later than fourteen days before the date that general election early ballots are allowed to be mailed. If a candidate does not submit a statement, the county school superintendent's website shall state "no response submitted" for the candidate. The candidate statements shall be posted on the website alphabetically by each school district and by candidate. The candidate statement shall be typewritten or electronically submitted. The county school superintendent shall post the statements verbatim as they are received unless a candidate requests in writing that typographical errors be corrected. The candidate statement shall contain the following items in the same size and format for each candidate:

1. A recent photograph of the candidate.

2. A statement not to exceed five hundred words.

3. A disclosure of any relationships by affinity, by consanguinity or by law to the third degree that exist between the candidate and any current governing board members or other candidates for election to the same governing board.

I. Persons related as immediate family who have the same household of residence within four years prior shall not serve simultaneously on the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall serve simultaneously on the governing board of the same school district if the governing board is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

J. A person related as immediate family who has the same household of residence within four years prior to a member of the governing board of the same school district is ineligible to be a candidate for nomination or election to that governing board if the governing board is composed of five members, except that a person related as immediate family who has the same household of residence within four years prior to a member of a governing board may be a candidate for nomination or election to the governing board of the same school district if the member is serving in the last year of a term of office. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be eligible to be a candidate for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

K. Persons related as immediate family who have the same household of residence within four years prior are ineligible to be simultaneous candidates for nomination or election to the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be simultaneous candidates for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

L. For the purposes of this section:

1. "Household of residence" means the place of abode during applicable time periods or the residence address used by an individual for voter registration or property tax purposes.

2. "Immediate family" means individuals who are married to each other and any children of those individuals.

3. "Small school district" has the same meaning prescribed in section 15-901. END_STATUTE