ARIZONA STATE SENATE
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KATIE KUDRON |
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LEGISLATIVE RESEARCH INTERN |
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MASON HOLLER |
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LEGISLATIVE RESEARCH ANALYST EDUCATION COMMITTEE Telephone: (602) 926-3171 |
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
EDUCATION COMMITTEE
DATE: March 24, 2025
SUBJECT: Strike everything amendment to H.B. 2067, relating to school district governing boards
Purpose
Allows each member of a school district governing board (governing board) to access all information and records that are maintained by a school district for the purpose of carrying out the governing board's official functions and duties. Outlines requirements for an administrator, official or records custodian of a school district relating to the provision of information and records to a governing board member.
Background
The right to inspect and review educational records and release or access such records, other information or instructional materials is governed by the federal Family Educational Rights and Privacy Act (FERPA). FERPA requires each educational agency or institution to establish procedures to grant a parent's or eligible student's request for access to educational records and allows school officials to view personally identifiable information from a student's educational records if it is determined there are legitimate educational interests in the information. An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only the educational records in which a legitimate educational interest exists (34 C.F.R. §§ 99.10 and 99.31).
Statute requires a governing board to annually prepare a budget for the budget year. A governing board must publish a copy of the proposed budget and a notice of public hearing and governing board meeting within 10 days of the public hearing and meeting and present the proposed budget for consideration of the school district's residents and taxpayers at the public hearing before July 15 each year. Immediately following a public hearing for a presentation and explanation of the proposed budget, the governing board must call a meeting to adopt the budget (A.R.S. § 15-905).
A
governing board must hold a regular meeting at least once each month during the
regular school year and may hold other meetings as often as called. Governing
board business must be conducted at a regular or special meeting. If an action
has been taken and documents approved at a meeting, they may be signed
subsequently by individual governing board members (A.R.S.
§ 15-321).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires an administrator, official or records custodian of a school district, on receipt of a request for information or records from a governing board member, to provide the requested information or records to the governing board member no later than:
a) one week before the governing board meeting at which the governing board will vote on an item, for information and records related to an item on the governing board's agenda for an upcoming meeting;
b) one week before a proposed budget is published, for information and records related to the school district's proposed budget; and
c) 10 business days after the administrator, official or records custodian receives the request, for all other information and records.
3. Specifies that item includes the adoption of the school district's budget and the approval of a personnel decision, interest-based negotiation, proposed expenditure or proposed contract.
4. Prohibits an administrator, official or records custodian of a school district, on receipt of a request for information or records from a governing board member, from:
a) requiring the governing board member to submit a public records request; or
b) considering whether the requested information or records are relevant to any agenda item for an upcoming meeting of the governing board when reviewing and fulfilling a request for information or records.
5. Requires each governing board member who receives information or access to records to maintain any confidentiality, privilege or privacy granted or imposed by statute or common law, including any requirements prescribed by FERPA.
6. Specifies that a governing board member is not prohibited from disclosing information or sharing records relating to the governing board member's reasonable suspicion of unlawful conduct with:
a) a law enforcement agency;
b) a peace officer;
c) the Office of the Auditor General; or
d) the State Board of Education.
7. Becomes effective on the general effective date.