SB1307 - 562R

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

Section 1. Section 15-1626, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1626. General administrative powers and duties of board; definition

A. The arizona board of regents shall:

1. Have and exercise the powers necessary for the effective governance and administration of the institutions under its control. To that end, the board may adopt, and authorize each university to adopt, such regulations, policies, rules or measures as are deemed necessary and may delegate in writing to its committees, to its university presidents, or their designees, or to other entities under its control any part of its authority for the administration to administer and governance of govern such institutions, including those powers enumerated in section 15-1625, subsection B, paragraphs 2 and 4, paragraphs 3, 4, 8, 9, 11 and 12 of this subsection and subsection B of this section. the board may rescind any delegation of authority may be rescinded by the board at any time in whole or in part.

2. Appoint and employ and determine the compensation of presidents with such power and authority and for such purposes in connection with the operation of the institutions as the board deems necessary.

3. Appoint and employ and determine the compensation of vice-presidents vice presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees with such power and authority and for such purposes in connection with the operation of the institutions as the board deems necessary, or delegate its authority pursuant to paragraph 1 of this subsection.

4. Remove any officer or employee when the interests of education in this state so require in accordance with its personnel rules and policies when the interests of education in this state so require or when the officer or employee violates subsection B this section.

5. Fix tuitions and fees to be charged and differentiate the tuitions and fees between institutions and between residents, nonresidents, undergraduate students, graduate students, students from foreign countries and students who have earned credit hours in excess of the credit hour threshold. For the purposes of this paragraph, the undergraduate credit hour threshold is one hundred forty-five hours for students who attend a university under the jurisdiction of the board. The undergraduate credit hour threshold shall be based on the actual full-time equivalent student enrollment counted on the forty-fifth day of every fall and spring semester, divided by two, and any budget adjustment based on student enrollment shall occur in the fiscal year following the actual full-time equivalent student enrollment count. The undergraduate credit hour threshold shall not apply to degree programs that require credit hours above the credit hour threshold, credits earned in the pursuit of up to two baccalaureate degrees, credits earned in the pursuit of up to two state regulated licensures or certificates, credits earned in the pursuit of teaching certification, credits transferred from a private institution of higher education, credits transferred from an institution of higher education in another state, credits earned at another institution of higher education but that are not accepted as transfer credits at the university where the student is currently enrolled and credits earned by students who enroll at a university under the jurisdiction of the board more than twenty-four months after the end of that student's previous enrollment at a public institution of higher education in this state. On or before October 15 of each year, the board shall report to the joint legislative budget committee the number of in-state students and out-of-state students who were enrolled at universities under the jurisdiction of the board during the previous fiscal year and who met or exceeded the undergraduate credit hour threshold prescribed in this paragraph. The amount of tuition and fees included in the operating budget for the university adopted by the board as prescribed in paragraph 13 of this subsection shall be subject to legislative appropriation and deposited in a separate tuition and fees subaccount for each university. All other tuition and fee revenue shall be retained by each university for expenditure as approved by the board in a separate local tuition and fees subaccount for each university. This subaccount shall consist of only tuition and fees. The universities shall not use any tuition or fee revenue to fund or support an alumni association.

6. Adopt rules to govern its the board's tuition and academic fee setting process that provide for the following:

(a) At least one public hearing at each university as an opportunity for students and members of the public to comment on any proposed increase in tuition or fees.

(b) Publication of the notice of public hearing at least ten days before the hearing in a newspaper of general circulation in Maricopa county, Coconino county and Pima county. The notice shall include the date, time and location of the public hearing.

(c) Public disclosure by each university of any proposed increases in tuition or fees at least ten days before the public hearing.

(d) A roll call vote of any final board action on changes in tuition, including tuition rate changes for online programs, or academic fees.

(e) Public disclosure by the board and each university of any final board action on changes in tuition or academic fees.

7. Pursuant to section 35-115, submit a budget request for each institution under its the board's jurisdiction that includes the estimated tuition and fee revenue available to support the programs of the institution as described in the budget request. The estimated available tuition and fee revenue shall be based on the tuition and registration fee rates in effect at the time the budget request is submitted with adjustments for projected changes in enrollment as provided by the board.

8. Establish curricula and designate courses at the several institutions that in its the board's judgment will best serve the interests of this state.

9. Award such degrees and diplomas on the completion of such courses and curriculum requirements as it the board deems appropriate.

10. Prescribe qualifications for admission of all students to the universities. The board shall establish policies for guaranteed admission that ensure fair and equitable access to students in this state from public, private and charter schools and homeschools. For the purpose of determining the qualifications of honorably discharged veterans, veterans are those persons who served in the armed forces for a minimum of two years and who were previously enrolled at a university or community college in this state. No Prior failing grades received by the veteran at the university or community college in this state may not be considered.

11. Adopt any energy conservation standards adopted by the department of administration for the construction of new buildings.

12. Employ for such time and purposes as the board requires attorneys whose compensation shall be fixed and paid by the board. Litigation to which the board is a party and for which self-insurance is not provided may be compromised or settled at the direction of the board.

13. Adopt annually an operating budget for each university equal to the sum of appropriated state general fund monies and the amount of tuition and fees approved by the board and allocated to each university operating budget.

14. In consultation with the state board of education and other education groups, develop and implement a program to award honors endorsements to be affixed to the high school diplomas of qualifying high school pupils and to be included in the transcripts of pupils who are awarded endorsements. The board shall develop application procedures and testing criteria and adopt testing instruments and procedures to administer the program. In order to receive an honors endorsement, a pupil must demonstrate an extraordinary level of knowledge, skill and competency as measured by the testing instruments adopted by the board in mathematics, English, science and social studies. Additional subjects may be added at the determination of the board. The program is voluntary for pupils.

15. Require the publisher of each literary and nonliterary textbook used in the universities of this state to furnish to the Arizona board of regents computer software in a standardized format when software becomes available for nonliterary textbooks from which braille versions of the textbooks may be produced.

16. Require universities that provide a degree in education to require courses that are necessary to obtain a provisional structured English immersion endorsement as prescribed by the state board of education.

17. Acquire United States flags for each classroom that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flags, acquire a legible copy of the Constitution of the United States and the Bill of Rights, display the flags in each classroom in accordance with title 4 of the United States Code and display a legible copy of the Constitution of the United States and the Bill of Rights adjacent to the flag.

18. To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the state board of education, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents. A reciprocity agreement entered into pursuant to this paragraph shall:

(a) Address procedures for each of the following:

(i) The transfer of student records.

(ii) Awarding credit for completed coursework.

(iii) Permitting a student to satisfy the graduation requirements prescribed in section 15-701.01 through the successful performance on comparable exit-level assessment instruments administered in another state.

(b) Include appropriate criteria developed by the state board of education and the Arizona board of regents.

19. Require a university to publicly post notices of all of its the university's employment openings, including the title and description, instructions for applying and relevant contact information.

20. In consultation with the community college districts in this state, develop and implement common equivalencies for specific levels of achievement on advanced placement examinations and international baccalaureate examinations in order to award commensurate postsecondary academic credits at community colleges and public universities in this state.

21. On or before August 1 of each year, report to the joint legislative budget committee the graduation rate by university campus during the previous fiscal year. The board shall also report the retention rate by university campus and by class, as determined by date of entry during the previous fiscal year.

B. The board shall adopt personnel policies for all employees of the board and the universities. The policies adopted pursuant to this subsection shall:

1. Require all officers and employees of the board and of the universities to protect the rights of students, administrators, faculty members and other employees under the first and fourteenth amendments to the Constitution of the United States and article II, section 6 of the Constitution of Arizona.

2. Prohibit the president, administrators, faculty members and other employees of each institution from retaliating against any individual, including an administrator, faculty member, employee or student, for exercising the rights protected pursuant to paragraph 1 of this subsection.

3. The board shall require the president of each institution under the jurisdiction of the BOARD to adopt policies and procedures to enforce the requirements prescribed by paragraphs 1 and 2 of this subsection.

C. In conjunction with the auditor general, the board shall develop a uniform accounting and reporting system, which shall be reviewed by the joint legislative budget committee before final adoption by the board. The board shall require each university to comply with the uniform accounting and reporting system.

D. The board may employ legal assistance in procuring loans for the institutions from the United States government. Fees or compensation paid for such legal assistance shall not be a claim on the state general fund of this state but shall be paid from funds of the institutions.

E. The board shall approve or disapprove any contract or agreement entered into by the university of Arizona hospital with the Arizona industrial development authority.

F. The board may adopt policies that authorize the institutions under its jurisdiction to enter into employment contracts with nontenured employees for periods of more than one year but not more than five years. The policies shall prescribe limitations limits on the authority of the institutions to enter into employment contracts for periods of more than one year but not more than five years, including the requirement that the board approve the contracts.

G. The board may adopt a plan or plans for employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.

H. The board may establish a program for the exchange of students between the universities under the jurisdiction of the board and colleges and universities located in the state of Sonora, Mexico. Notwithstanding subsection A, paragraph 5 of this section, the program may provide for in-state tuition at the universities under the jurisdiction of the board for fifty Sonoran students in exchange for similar tuition provisions for up to fifty Arizona students enrolled or seeking enrollment in Sonoran colleges or universities. The board may direct the universities to work in conjunction with the Arizona-Mexico commission to coordinate recruitment and admissions activities.

I. The Arizona board of regents, in collaboration with the universities under its jurisdiction, shall adopt a performance funding model. The performance funding model shall use performance metrics that include the increase in degrees awarded, the increase in completed student credit hours and the increase in externally generated research and public service funding. The funding formula may give added weight to degrees related to science, technology, engineering and mathematics and other high-value degrees that are in short supply or that are essential to this state's long-term economic development strategy.

J. The Arizona board of regents shall use the performance funding model adopted pursuant to subsection I of this section in developing and submitting budget requests for the universities under its jurisdiction.

K. On or before November 1 of each year, the Arizona board of regents shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report on university debt and obligations, including:

1. Long-term notes and obligations.

2. Certificates of participation and other obligations pursuant to any lease-purchase agreements.

3. Revenue bonds.

4. Bonds issued pursuant to section 15-1682.03.

5. Commercial paper issued pursuant to section 15-1696.

L. The report issued pursuant to subsection K of this section shall contain, for the most recent fiscal year:

1. The aggregate level of outstanding principal and the principal and interest payments, by type of debt or obligation.

2. An itemization, by campus and project, of the amount of yearly principal and interest to be paid in the most recent and the next five fiscal years.

M. The board may enter into an intergovernmental agreement pursuant to section 15-1747 to manage universities under its jurisdiction subject to the terms of the reciprocity agreement.

N. For the purposes of this section, "university debt and obligations" means debt and obligations, the principal and interest of which are paid in whole or in part with university monies. END_STATUTE

Sec. 2. Heading change

The article heading of title 15, chapter 14, article 6, Arizona Revised Statutes, is changed from "students' rights" to "students' and employees' rights".

Sec. 3. Section 15-1866, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1866. Free expression policy; rules; Arizona board of regents; community college district governing boards; publishing and posting

A. The Arizona board of regents and each community college district governing board shall develop and adopt a an enforceable policy on free expression that contains at least the following statements and requirements:

1. The primary function of an institution of higher education is the discovery, improvement, transmission and dissemination of knowledge by means of research, teaching, discussion and debate. This statement shall provide that, to fulfill this function, the university or community college must strive to ensure the fullest degree of intellectual freedom and free expression.

2. It is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment, including, without limitation, ideas and opinions that may be unwelcome, disagreeable or deeply offensive.

3. Students and faculty members have the freedom to discuss any problem that presents itself, as the first amendment allows and within the limits of reasonable viewpoint viewpoint-neutral and content-neutral restrictions on time, place and manner of expression that are consistent with this article and that are necessary to achieve a compelling institutional interest if these restrictions are clear, are published and provide ample alternative means of expression. This statement shall specify that students and faculty members may assemble and engage in spontaneous expressive activities without penalty or retaliation if those activities are not unlawful and do not materially and substantially disrupt the functioning of the university or community college.

4. There is a range of disciplinary actions for a student who is subject to the jurisdiction of a university or community college and who engages in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity.

5. There is a range of disciplinary actions for an administrator, faculty member or other employee who is subject to the jurisdiction of a university or community college and who engages in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity. Any investigation of the CONDUCT of an administrator, faculty member or employee THAT ALLEGEDLY MATERIALLY AND SUBSTANTIALLY INFRINGED ON THE RIGHTS OF OTHER PERSONS TO ENGAGE IN OR LISTEN TO EXPRESSIVE ACTIVITY is subject to the following requirements:

(a) A university or community college may not investigate the allegations until after the university or community college has notified the administrator, faculty member or employee who is subject to investigation about the specific allegations and has given the administrator, faculty member or employee a reasonable opportunity to respond to the allegations.

(b) The person responsible for an investigation pursuant to this paragraph shall disclose all conclusions and recommendations relating to the investigation to the administrator, faculty member or employee who is the subject of the investigation before submitting the final report and recommendations to the university or community college.

(c) The final report and recommendations for an investigation pursuant to this paragraph must include any response that the university or community college received from the administrator, faculty member or employee who is the subject of the investigation pursuant to subdivision (a) of this paragraph or that the ADMINISTRATOR, faculty member or employee submitted in response to the conclusions and recommendations disclosed pursuant to subdivision (b) of this paragraph.

5. 6. In all disciplinary proceedings involving students, administrators, faculty members or other employees, including proceedings involving expressive conduct, a student the individual who is subject to discipline is entitled to a disciplinary hearing under published procedures that include, at a minimum, all of the following:

(a) The right to receive advanced advance written notice of the allegations.

(b) The right to review the evidence in support of the allegations.

(d) The right to present a defense.

(e) The right to call witnesses.

(f) A decision by an impartial person or panel.

(g) The right to appeal.

(h) The right to active assistance of counsel if either a suspension of more than thirty days or expulsion any of the following is a potential consequence of a disciplinary proceeding under this section, the right to active assistance of counsel:

(i) suspension of the individual for more than thirty days.

(ii) Expulsion of a student.

(iii) Termination of employment of an administrator, faculty member or other employee.

B. It is the sense of the legislature that If a student, administrator, faculty member or other employee has repeatedly been determined to have engaged in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity, a punishment of suspension, or expulsion or termination of employment from the university or community college may be appropriate.

C. This section supersedes any previous policies of a university or community college that restrict speech on campuses and that are inconsistent with the statements and requirements prescribed in this section. Each university and community college shall remove or revise any provisions in its policies or rules in order to comply with this section.

D. The Arizona board of regents and each community college district governing board shall:

1. Publish all policies, regulations and other materials that describe the rights and RESPONSIBILITIES of students, administrators, faculty members and other employees relating to free expression on campus, consistent with this section and the policies and procedures adopted pursuant to section 15-1626, subsection B. The publication required by this paragraph includes publication on websites and in all handbooks and orientation program materials for students and employees of the Arizona board of regents, each institution under the jurisdiction of the Arizona board of regents and each community college district governing board.

2. Develop materials, programs and procedures to ensure that any individual who has disciplinary authority understands the policies, regulations and other materials published pursuant to paragraph 1 of this subsection and understands the university's or community college's responsibilities relating to free expression on campus. For the purposes of this paragraph, "individual who has disciplinary authority" includes administrators, campus police officers, individuals who are responsible for maintaining order in a shared student housing setting under the jurisdiction of the university or community college and any individual who provides instruction to students or to school employees.

D. E. The Arizona board of regents and each community college district governing board may adopt rules to further the purposes of the policy adopted pursuant to subsection A of this section. This section does not prevent universities and community colleges from regulating student speech or activity that is prohibited by law. Except as otherwise provided by this article, universities and community colleges may restrict student, administrator, faculty member or other employee expression only for expressive activity that is not protected by the first amendment of the United States Constitution, including:

1. A violation of state or federal law.

2. An expression that a court has deemed unprotected defamation.

3. Harassment. For the purposes of this paragraph, "harassment" means only that expression that is so severe, pervasive and subjectively and objectively offensive that it unreasonably interferes with an individual's access to educational opportunities or benefits provided by the university or community college.

4. A true threat. For the purposes of this paragraph, "true threat" means a statement that is meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence against a particular person or a group of persons.

5. An unjustifiable invasion of privacy or confidentiality that does not involve a matter of public concern.

6. An action that unlawfully disrupts the function of the university or community college. END_STATUTE