schools; weapons detection systems; administration

Chapter 0058 - 572R - H Ver of HB2370

House Engrossed

schools; weapons
detection systems; administration

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 58

HOUSE BILL 2370

AN
ACT

amending sections 15-183 and 15-341,
Arizona Revised Statutes; RELATING to public schools.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 15-183, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-183.

Charter schools; application; requirements; immunity; exemptions;
renewal of application; reprisal; fee; funds; annual reports; definitions

A. An applicant seeking to establish a charter
school shall apply in writing to a proposed sponsor as prescribed in subsection
C of this section. The application, application process and application
time frames shall be posted on the sponsor's website and shall include the
following, as specified in the application adopted by the sponsor:

1. A detailed educational plan.

2. A detailed business plan.

3. A detailed operational plan.

4. Any other materials required by the sponsor.

B. The sponsor of a charter school may contract with
a public body, private person or private organization for the purpose of
establishing a charter school pursuant to this article.

C. The sponsor of a charter school may be either the
state board of education, the state board for charter schools, a university
under the jurisdiction of the Arizona board of regents, a community college
district or a group of community college districts, subject to the following
requirements:

1. An applicant may not apply for sponsorship to any
person or entity other than those prescribed in this subsection.

2. The applicant may apply to the state board of
education or the state board for charter schools. Notwithstanding
any other law, neither the state board for charter schools nor the state board
of education shall grant a charter to a school district governing board for a
new charter school or for the conversion of an existing district public school
to a charter school. The state board of education or the state board
for charter schools may approve the application if the application meets the
requirements of this article and may approve the charter if the proposed
sponsor determines, within its sole discretion, that the applicant is
sufficiently qualified to operate a charter school and that the applicant is
applying to operate as a separate charter holder by considering factors such as
whether:

(a) The schools have separate governing bodies,
governing body membership, staff, facilities and student
population
populations
.

(b) Daily operations are carried out by different
administrators.

(c) The applicant intends to have an affiliation
agreement for the purpose of providing enrollment preferences.

(d) The applicant's charter management organization
has multiple charter holders serving varied grade configurations on one
physical site or nearby sites serving one community.

(e) The applicant is reconstituting an existing
school site population at the same or
a
new site.

(f) The applicant is reconstituting an existing
grade configuration from a prior charter holder with at least one grade
remaining on the original site with the other grade or grades moving to a new
site. The state board of education or the state board for charter
schools may approve any charter schools transferring charters. If
the state board of education or the state board for charter schools rejects the
preliminary application, the state board of education or the state board for
charter schools shall notify the applicant in writing of the reasons for the
rejection and of suggestions for improving the application. An
applicant may submit a revised application for reconsideration by the state
board of education or the state board for charter schools. The
applicant may request, and the state board of education or the state board for
charter schools may provide, technical assistance to improve the application.

3. The applicant may submit the application to a
university under the jurisdiction of the Arizona board of regents, a community
college district or a group of community college districts. A
university, a community college district or a group of community college
districts shall not grant a charter to a school district governing board for a
new charter school or for the conversion of an existing district public school
to a charter school. A university, a community college district or a
group of community college districts may approve the application if it meets
the requirements of this article and if the proposed sponsor determines, in its
sole discretion, that the applicant is sufficiently qualified to operate a
charter school.

4. Each applicant seeking to establish a charter
school shall submit a full set of fingerprints to the approving agency for the
purpose of obtaining a state and federal criminal records check pursuant to
section 41-1750 and Public Law 92-544. If an applicant
will have direct contact with students, the applicant shall possess a valid
fingerprint clearance card that is issued pursuant to title 41, chapter 12,
article 3.1. The department of public safety may exchange this
fingerprint data with the federal bureau of investigation. The
criminal records check shall be completed before the issuance of a charter.

5. All persons engaged in instructional work
directly as a classroom, laboratory or other teacher or indirectly as a
supervisory teacher, speech therapist or principal and all charter
representatives, charter school governing body members and officers, directors,
members and partners of the charter holder shall have a valid fingerprint
clearance card that is issued pursuant to title 41, chapter 12,
article 3.1, unless the person is a volunteer or guest speaker who is
accompanied in the classroom by a person with a valid fingerprint clearance
card. A charter school shall not employ in any position that
requires a valid fingerprint clearance card a person against whom the state
board of education has taken disciplinary action as prescribed in section 15-505
or whose certificate has been suspended, surrendered or revoked, unless the
person's certificate has been subsequently reinstated by the state board of
education. All other personnel shall be fingerprint checked pursuant
to section 15-512, or the charter school may require those personnel to
obtain a fingerprint clearance card issued pursuant to title 41,
chapter 12, article 3.1. Before employment, the charter school
shall make documented, good faith efforts to contact previous employers of a
person to obtain information and recommendations that may be relevant to the
person's fitness for employment as prescribed in section 15-512,
subsection F, including checking the educator information system that is
maintained by the department of education pursuant to section 15-505. The
charter school shall notify the department of public safety if the charter
school or sponsor receives credible evidence that a person who possesses a
valid fingerprint clearance card is arrested for or is charged with an offense
listed in section 41-1758.03, subsection B. A person who is
employed at a charter school that has met the requirements of this paragraph is
not required to meet any additional requirements that are established by the
department of education or that may be established by rule by the state board
of education. The state board of education may not adopt rules that
exceed the requirements for persons who are qualified to teach in charter
schools prescribed in title I of the every student succeeds act (P.L. 114-95)
or the individuals with disabilities education improvement act of 2004
(P.L. 108-446). Charter schools may hire personnel who have not
yet received a fingerprint clearance card if proof is provided of the
submission of an application to the department of public safety for a
fingerprint clearance card and if the charter school that is seeking to hire
the applicant does all of the following:

(a) Documents in the applicant's file the necessity
for hiring and placing the applicant before the applicant receives a
fingerprint clearance card.

(b) Ensures that the department of public safety
completes a statewide criminal records check on the applicant. A
statewide criminal records check shall be completed by the department of public
safety every one hundred twenty days until the date that the fingerprint check
is completed or the fingerprint clearance card is issued or denied.

(c) Obtains references from the applicant's current
employer and the two most recent previous employers except for applicants who
have been employed for at least five years by the applicant's most recent
employer.

(d) Provides general supervision of the applicant
until the date that the fingerprint card is obtained.

(e) Completes a search of criminal records in all
local jurisdictions outside of this state in which the applicant has lived in
the previous five years.

(f) Verifies the fingerprint status of the applicant
with the department of public safety.

6. A charter school that complies with the
fingerprinting requirements of this section shall be deemed to have complied
with section 15-512 and is entitled to the same rights and protections
provided to school districts by section 15-512.

7. If a charter school operator is not already
subject to a public meeting or hearing by the municipality in which the charter
school is located, the
operator of a
charter school
operator
shall conduct a public meeting at least thirty days
before the charter school operator opens a site or sites for the charter
school. The charter school operator shall post notices of the public
meeting in at least three different locations that are within three hundred
feet of the proposed charter school site.

8. A person who is employed by a charter school or
who is an applicant for employment with a charter school, who is arrested for
or charged with a nonappealable offense listed in section 41-1758.03,
subsection B and who does not immediately report the arrest or charge to the
person's supervisor or potential employer is guilty of unprofessional conduct
and the person shall be immediately dismissed from employment with the charter
school or immediately excluded from potential employment with the charter school.

9. A person who is employed by a charter school and
who is convicted of any nonappealable offense listed in section 41-1758.03,
subsection B or is convicted of any nonappealable offense that amounts to
unprofessional conduct under section 15-550 shall immediately do all of
the following:

(a) Surrender any certificates issued by the
department of education.

(b) Notify the person's employer or potential
employer of the conviction.

(c) Notify the department of public safety of the
conviction.

(d) Surrender the person's fingerprint clearance
card.

D. An entity that is authorized to sponsor charter
schools pursuant to this article has no legal authority over or responsibility
for a charter school sponsored by a different entity. This
subsection does not apply to the state board of education's duty to exercise
general supervision over the public school system pursuant to section 15-203,
subsection A, paragraph 1.

E. The charter of a charter school shall do all of
the following:

1. Ensure compliance with federal, state and local
rules, regulations and statutes relating to health, safety, civil rights and
insurance. The department of education shall publish a list of
relevant rules, regulations and statutes to notify charter schools of their
responsibilities under this paragraph.

2. Ensure that it is nonsectarian in its programs,
admission policies and employment practices and all other operations.

3. Ensure that it provides a comprehensive program
of instruction for at least a kindergarten program or any grade between grades
one and twelve, except that a
charter
school may offer
this curriculum with an emphasis on a specific learning philosophy or style or
certain subject areas such as mathematics, science, fine arts, performance arts
or foreign language.

4. Ensure that it designs a method to measure pupil
progress toward the pupil outcomes adopted by the state board of education
pursuant to section 15-741.01, including participation in the statewide
assessment and the nationally standardized norm-referenced achievement
test as designated by the state board and the completion and distribution of an
annual report card as prescribed in chapter 7, article 3 of this title.

5. Ensure that, except as provided in this article
and in its charter, it is exempt from all statutes and rules relating to
schools, governing boards and school districts.

6. Ensure that, except as provided in this article,
it is subject to the same financial and electronic data submission requirements
as a school district, including the uniform system of financial records as
prescribed in chapter 2, article 4 of this title, procurement rules as
prescribed in section 15-213 and audit requirements. The
auditor general shall conduct a comprehensive review and revision of the
uniform system of financial records to ensure that the provisions of the
uniform system of financial records that relate to charter schools are in
accordance with commonly accepted accounting principles used by private
business. A school's charter may include exceptions to the
requirements of this paragraph that are necessary as determined by the
university, the community college district, the group of community college
districts, the state board of education or the state board for charter
schools. The department of education or the office of the auditor
general may conduct financial, program or compliance audits.

7. Ensure compliance with all federal and state laws
relating to the education of children with disabilities in the same manner as a
school district.

8. Ensure that it provides for a governing body for
the charter school that is responsible for the policy decisions of the charter
school. Notwithstanding section 1-216, if there is a vacancy or vacancies
on the governing body, a majority of the remaining members of the governing
body
constitute
constitutes
a quorum
for the transaction of business, unless that quorum is prohibited by the
charter school's operating agreement.

9. Ensure that it provides a minimum of one hundred
eighty instructional days before June 30 of each fiscal year unless it is
operating on an alternative calendar approved by its sponsor. The
superintendent of public instruction shall adjust the apportionment schedule
accordingly to accommodate a charter school
utilizing
using
an alternative calendar.

10. Ensure that the charter school, in conjunction
with local law enforcement agencies and emergency response agencies,
develop

develops
an emergency response
plan for each school in accordance with minimum standards developed jointly by
the department of education and the division of emergency management within the
department of emergency and military affairs.� Any emergency response plan
developed pursuant to this paragraph must address how the
charter

school and emergency responders will communicate with and provide
assistance to students with disabilities.

F. A charter school shall collect and maintain
information about each teacher's educational and teaching background and
experience in a particular academic content subject area. A charter
school shall either post the information on the charter school's website or
make the information available for inspection on request of parents and
guardians of pupils enrolled at the charter school. This subsection
does not require any charter school to release personally identifiable information
in relation to any teacher, including the teacher's address, salary, social
security number or telephone number.

G. The charter of a charter school may be amended at
the request of the governing body of the charter school and on the approval of
the sponsor.

H. Charter schools may contract, sue and be sued.

I. The charter is effective for fifteen years
from
after
the first day of the fiscal
year as specified in the charter, subject to the following:

1. At least eighteen months before the charter
expires, the sponsor shall notify the charter school that the charter school
may apply for renewal and shall make the renewal application available to the
charter school. A charter school that elects to apply for renewal
shall file a complete renewal application at least fifteen months before the
charter expires. A sponsor shall give written notice of its intent
not to renew the charter school's request for renewal to the charter school at
least twelve months before the expiration of the charter. The
sponsor shall make data used in making renewal decisions available to the
charter
school and the public and shall provide a public report
summarizing the evidence basis for each decision. The sponsor may
deny the request for renewal if, in its judgment, the charter holder has failed
to do any of the following:

(a) Meet or make sufficient progress toward the
academic performance expectations set forth in the performance framework.

(b) Meet the operational performance expectations
set forth in the performance framework or any improvement plans.

(c) Meet the financial performance expectations set
forth in the performance framework or any improvement plans.

(d) Complete the obligations of the contract.

(e) Comply with this article or any provision of law
from which the charter school is not exempt.

2. A charter operator may apply for early
renewal. At least nine months before the charter school's intended
renewal consideration, the operator of the charter school shall submit a letter
of intent to the sponsor to apply for early renewal. The sponsor
shall review fiscal audits and academic performance data for the charter school
that are annually collected by the sponsor, review the current contract between
the sponsor and the charter school and provide the qualifying charter school
with a renewal application. On submission of a complete application,
the sponsor shall give written notice of its consideration of the renewal
application. The sponsor may deny the request for early renewal if, in the
sponsor's judgment, the charter holder has failed to do any of the following:

(a) Meet or make sufficient progress toward the
academic performance expectations set forth in the performance framework.

(b) Meet the operational performance expectations
set forth in the performance framework or any improvement plans.

(c) Meet the financial performance expectations set
forth in the performance framework or any improvement plans.

(d) Complete the obligations of the contract.

(e) Comply with this article or any provision of law
from which the charter school is not exempt.

3. A sponsor shall review a charter at five-year
intervals using a performance framework adopted by the sponsor and may revoke a
charter at any time if the charter school breaches one or more provisions of
its charter or if the sponsor determines that the charter holder has failed to
do any of the following:

(a) Meet or make sufficient progress toward the
academic performance expectations set forth in the performance framework.

(b) Meet the operational performance expectations
set forth in the performance framework or any improvement plans.

(c) Meet the financial performance expectations set
forth in the performance framework or any improvement plans.

(d) Comply with this article or any provision of law
from which the charter school is not exempt.

4. In determining whether to renew or revoke a
charter holder, the sponsor must consider making sufficient progress toward the
academic performance expectations set forth in the sponsor's performance
framework as one of the most important factors.

5. Before the sponsor adopts a determination of
intent to revoke a charter, the charter holder shall have at least thirty days
to address the problems, as necessary or applicable, associated with the reason
or reasons for the determination of intent to revoke. The sponsor is not
required to provide the charter holder with thirty days to correct the problems
associated with the reason or reasons for adopting a determination of intent to
revoke if the reason or reasons cannot be remedied, including a failure to
submit required financial audits pursuant to subsection E, paragraph 6 of this
section and section 15-914, or for a matter of health or safety, or
both. Before the sponsor adopts a determination of intent to revoke
a charter, the sponsor shall give written notice to the charter holder that
includes the reason or reasons for the sponsor's consideration to revoke the
charter. Notice may be provided by electronic means or by United
States mail and is effective on the date of email or, if sent by United States
mail, the earlier of the date of receipt by the charter holder or within five
days after the notice is mailed. The determination of whether to proceed to
revocation shall be made at a public meeting called for that purpose.

J. The charter may be renewed for successive periods
of twenty years.

K. A charter school that is sponsored by the state
board of education, the state board for charter schools, a university, a
community college district or a group of community college districts may not be
located on the property of a school district unless the
school
district
governing board grants this authority.

L. A
school district
governing
board or a school district employee who has control over personnel actions
shall not take unlawful reprisal against another employee of the school
district because the employee is directly or indirectly involved in an
application to establish a charter school. A governing board or a
school district employee shall not take unlawful reprisal against an
educational program of the school or the school district because an application
to establish a charter school proposes to convert all or a portion of the
educational program to a charter school. For the purposes of this subsection,
"unlawful reprisal" means an action that is taken by a governing
board or a school district employee as a direct result of a lawful application
to establish a charter school and that is adverse to another employee or an
education program and:

1. With respect to a school district employee,
results in one or more of the following:

(a) Disciplinary or corrective action.

(b) Detail
,
transfer or
reassignment.

(c) Suspension, demotion or dismissal.

(d) An unfavorable performance evaluation.

(e) A reduction in pay, benefits or awards.

(f) Elimination of the employee's position without a
reduction in force by reason of lack of monies or work.

(g) Other significant changes in duties or
responsibilities that are inconsistent with the employee's salary or employment
classification.

2. With respect to an educational program, results
in one or more of the following:

(a) Suspension or termination of the program.

(b) Transfer or reassignment of the program to a
less favorable department.

(c) Relocation of the program to a less favorable
site within the school or school district.

(d) Significant reduction or termination of funding
for the program.

M. Charter schools shall secure insurance for
liability and property loss. The governing body of a charter school
that is sponsored by the state board of education or the state board for
charter schools may enter into an intergovernmental agreement or otherwise
contract to participate in an insurance program offered by a risk retention
pool established pursuant to section 11-952.01 or 41-621.01
,
or the charter school may secure its own insurance
coverage. The pool may charge the requesting charter school
reasonable fees for any services it performs in connection with the insurance
program.

N. Charter schools do not have the authority to
acquire property by eminent domain.

O. A sponsor, including members, officers and
employees of the sponsor, is immune from personal liability for all acts done
and actions taken in good faith within the scope of its authority.

P. Charter school sponsors and this state are not
liable for the debts or financial obligations of a charter school or persons
who operate charter schools.

Q. The sponsor of a charter school shall establish
procedures to conduct administrative hearings on determination by the sponsor
that grounds exist to revoke a charter. Procedures for
administrative hearings shall be similar to procedures prescribed for
adjudicative proceedings in title 41, chapter 6, article 10. Except
as provided in section 41-1092.08, subsection H, final decisions of the
state board of education and the state board for charter schools from hearings
conducted pursuant to this subsection are subject to judicial review pursuant
to title 12, chapter 7, article 6.

R. The
sponsoring entity
sponsor
of a charter school shall have oversight and
administrative responsibility for the charter schools that it
sponsors. In implementing its oversight and administrative
responsibilities, the sponsor shall ground its actions in evidence of the charter
holder's performance in accordance with the performance framework adopted by
the sponsor. The performance framework shall be publicly available,
shall be placed on the
sponsoring entity's

sponsor's
website and shall include:

1. The academic performance expectations of the
charter school and the measurement of sufficient progress toward the academic
performance expectations.

2. The operational expectations of the charter
school, including adherence to all applicable laws and obligations of the
charter contract.

3. The financial expectations of the charter school.

4. Intervention and improvement policies.

S. Charter schools may pledge, assign or encumber
their assets to be used as collateral for loans or extensions of credit.

T. All property accumulated by a charter school
shall remain the property of the charter school.

U. Charter schools may not locate a school on
property that is less than one-fourth mile from agricultural land
regulated pursuant to section 3-365, except that the owner of the
agricultural land may agree to comply with the buffer zone requirements of
section 3-365. If the owner agrees in writing to comply with
the buffer zone requirements and records the agreement in the office of the
county recorder as a restrictive covenant running with the title to the land,
the charter school may locate a school within the affected buffer
zone. The agreement may include any stipulations regarding the
charter school, including conditions for future expansion of the school and
changes in the operational status of the school that will result in a breach of
the agreement.

V. A transfer of a charter to another sponsor, a
transfer of a charter school site to another sponsor or a transfer of a charter
school site to a different charter shall be completed before the beginning of
the fiscal year that the transfer is scheduled to become
effective. An entity that sponsors charter schools may accept a
transferring school after the beginning of the fiscal year if the transfer is
approved by the superintendent of public instruction. The
superintendent of public instruction shall have the discretion to consider each
transfer during the fiscal year on a case-by-case
basis. A charter holder seeking to transfer sponsors shall comply
with the current charter terms regarding assignment of the
charter. A charter holder transferring sponsors shall notify the
current sponsor that the transfer has been approved by the new sponsor.

W. Notwithstanding subsection V of this section, a
charter holder on an improvement plan must notify parents or guardians of
registered students of the intent to transfer the charter and the timing of the
proposed transfer. On the approved transfer, the new sponsor shall
enforce the improvement plan but may modify the plan based on performance.

X. Notwithstanding subsection Y of this section, the
state board for charter schools shall charge a processing fee to any charter
school that amends its contract to participate in Arizona online instruction
pursuant to section 15-808. The charter Arizona online
instruction processing fund is established consisting of fees collected and
administered by the state board for charter schools. The state board
for charter schools shall use monies in the fund only for processing contract
amendments for charter schools participating in Arizona online instruction.�
Monies in the fund are continuously appropriated.

Y. The
sponsoring entity
sponsor of a charter school
may not charge any fees to
a
the
charter school that it
sponsors unless the sponsor has provided services to the charter school and the
fees represent the full value of those services provided by the sponsor.� On
request, the value of the services provided by the sponsor to the charter
school shall be demonstrated to the department of education.

Z. Charter schools may enter into an
intergovernmental agreement with a presiding judge of the juvenile court to
implement a law-related education program as defined in section 15-154. The
presiding judge of the juvenile court may assign juvenile probation officers to
participate in a law-related education program in any charter school in
the county. The cost of juvenile probation officers who participate in the
program implemented pursuant to this subsection shall be funded by the charter
school.

AA. The sponsor of a charter school shall modify
previously approved curriculum requirements for a charter school that wishes to
participate in the board examination system prescribed in chapter 7, article 6
of this title.

BB. If a charter school decides not to participate
in the board examination system prescribed in chapter 7, article 6 of this
title, pupils enrolled at that charter school may earn a Grand Canyon diploma
by obtaining a passing score on the same board examinations.

CC. Notwithstanding subsection Y of this section, a
sponsor of charter schools may charge a new charter application processing fee
to any applicant. The application fee shall fully cover the cost of
application review and any needed technical assistance. Authorizers
may approve policies that allow a portion of the fee to be returned to the
applicant whose charter is approved.

DD. A charter school may choose to provide a
preschool program for children with disabilities pursuant to section 15-771.

EE. Pursuant to the prescribed graduation
requirements adopted by the state board of education, the governing body of a
charter school operating a high school may approve a rigorous computer science
course that would fulfill a mathematics course required for graduation from
high school. The governing body may approve a rigorous computer
science course only if the rigorous computer science course includes
significant mathematics content and the governing body determines the high school
where the rigorous computer science course is offered has sufficient capacity,
infrastructure and qualified staff, including competent teachers of computer
science.

FF. A charter school may allow the use of school
property, including school buildings, grounds, buses and equipment, by any
person, group or organization for any lawful purpose, including a recreational,
educational, political, economic, artistic, moral, scientific, social,
religious or other civic or governmental purpose. The charter school
may charge a reasonable fee for the use of the school property.

GG. A charter school and its employees, including
the governing body, or chief administrative officer, are immune from civil
liability with respect to all decisions made and actions taken to allow the use
of school property, unless the charter school or its employees are guilty of
gross negligence or intentional misconduct. This subsection does not
limit any other immunity provisions that are prescribed by law.

HH. Sponsors authorized pursuant to this section
shall submit an annual report to the auditor general on or before October
1. The report shall include:

1. The current number of charters authorized and the
number of
charter
schools operated by authorized charter
holders.

2. The academic, operational and financial
performance of the sponsor's charter portfolio as measured by the sponsor's
adopted performance framework.

3. For the prior year, the number of new charters
approved, the number of charter schools closed and the reason for the closure.

4. The sponsor's application, amendment, renewal and
revocation processes, charter contract template and current performance
framework as required by this section.

II. The auditor general shall prescribe the format
for the annual report required by subsection HH of this section and may require
that the annual report be submitted electronically. The auditor
general shall review the submitted annual reports to ensure that the reports
include the required items in subsection HH of this section and shall make the
annual reports available on request. If the auditor general finds
significant noncompliance or if a sponsor fails to submit the annual report
required by subsection HH of this section, on or before December 31 of each
year the auditor general shall report to the governor, the president of the
senate, the speaker of the house of representatives and the chairs of the
senate and house education committees or their successor committees, and the
legislature shall consider revoking the sponsor's authority to sponsor charter
schools.

JJ. Each charter representative, charter school
governing body member and officer, director, member and partner of a charter
holder, as allowed by the charter holder, may have:

1. Access to the charter school's students and
student records.

2. Unrestricted access to the charter school's
campuses.

3. Authority to make final decisions regarding
student learning in the charter school.

4. Authority to make final decisions regarding the
safety of the charter school's students and school campuses.

KK. IF a charter school HAS A WEAPONS
DETECTION SYSTEM, THE charter school governing body may authorize THE highest-ranking
officer who has authority to make final decisions described in subsection JJ,
paragraph 4 of this section TO MODIFY THE SYSTEM WITHOUT PRIOR APPROVAL BY THE
GOVERNING body. An officer who is authorized to modify a weapons
detection system pursuant to this subsection shall REPORT each MODIFICATION TO
THE GOVERNING body NOT LATER THAN TWENTY-FOUR HOURS AFTER THE officer makes the
MODIFICATION.� The governing body may not authorize any other individual to
modify the weapons detection system without prior approval by the governing
body.�

KK.

LL.
For
the purposes of this section:

1. "Charter representative" means an
individual who both:

(a) Has the authority to execute contracts on behalf
of the charter holder in accordance with the charter holder's articles of
incorporation, operating agreement or bylaws.

(b) Represents the charter holder before the state
board for charter schools in matters relating to accountability and compliance
with federal, state and local laws and with the terms and conditions of the
charter.

2. "Charter school governing body member"
means an individual who is a member of a body organized to govern and manage a
charter school.

3. "Officer, director, member
or

and
partner of a charter holder":

(a) Means an individual who has the authority to
manage the operations and functions of a charter school or to make decisions on
behalf of a charter holder.

(b) Includes:

(i) An individual who possesses an ownership
interest or voting rights, or both, in the charter school.

(ii) An individual who is identified in any of
sections 10-140, 10-801, 10-840, 10-3140, 10-3840,
29-301, 29-1001, 29-3102 and 29-4101.
END_STATUTE

Sec. 2. Section 15-341, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-341.

General powers and duties; immunity; delegation

A. Each school district governing board shall:

1. Prescribe and enforce policies and procedures to
govern the schools that are not inconsistent with the laws or rules prescribed
by the state board of education.

2. Exclude from schools all books, publications,
papers or audiovisual materials of a sectarian, partisan or denominational
character.� This paragraph does not prohibit the elective course allowed by
section 15-717.01.

3. Manage and control the school property within its
district, except that a district may enter into a partnership with an entity,
including a charter school, another school district or a military base, to
operate a school or offer educational services in a district building,
including at a vacant or partially used building, or in any building on the
entity's property pursuant to a written agreement between the parties.

4. Acquire school furniture, apparatus, equipment,
library books and supplies for the schools to use.

5. Prescribe the curricula and criteria for the
promotion and graduation of pupils as provided in sections 15-701 and 15-701.01.

6. Furnish, repair and insure, at full insurable
value, the school property of the district.

7. Construct school buildings on approval by a vote
of the district electors.

8. In the name of the district, convey property
belonging to the district and sold by the board.

9. Purchase school sites when authorized by a vote
of the district at an election conducted as nearly as practicable in the same
manner as the election provided in section 15-481 and held on a date
prescribed in section 15-491, subsection E, but such authorization shall
not necessarily specify the site to be purchased and such authorization shall
not be necessary to exchange unimproved property as provided in section 15-342,
paragraph 23.

10. Construct, improve and furnish buildings used
for school purposes when such buildings or premises are leased from the
national park service.

11. Purchase school sites or construct, improve and
furnish school buildings from the proceeds of the sale of school property only
on approval by a vote of the district electors.

12. Hold pupils to strict account for disorderly conduct
on school property.

13. Discipline students for disorderly conduct on
the way to and from school.

14. Except as provided in section 15-1224,
deposit all monies received by the district as gifts, grants and devises with
the county treasurer who shall credit the deposits as designated in the uniform
system of financial records.� If not inconsistent with the terms of the gifts,
grants and devises given, any balance remaining after expenditures for the
intended purpose of the monies have been made shall be used to reduce school
district taxes for the budget year, except that in the case of accommodation schools
the county treasurer shall carry the balance forward for use by the county
school superintendent for accommodation schools for the budget year.

15. Provide that, if a parent or legal guardian
chooses not to accept a decision of the teacher as provided in paragraph 42 of
this subsection, the parent or legal guardian may request in writing that the
governing board review the teacher's decision. This paragraph does
not release school districts from any liability relating to a child's promotion
or retention.

16. Provide for adequate supervision over pupils in
instructional and noninstructional activities by certificated or
noncertificated personnel.

17. Use school monies received from the state and
county school apportionment exclusively to pay salaries of teachers and other
employees and contingent expenses of the district.

18. Annually report to the county school
superintendent on or before October 1 in the manner and form and on the blanks
prescribed by the superintendent of public instruction or county school
superintendent.� The board shall also report directly to the county school
superintendent or the superintendent of public instruction whenever required.

19. Deposit all monies received by school districts
other than student activities monies or monies from auxiliary operations as
provided in sections 15-1125 and 15-1126 with the county treasurer
to the credit of the school district except as provided in paragraph 20 of this
subsection and sections 15-1223 and 15-1224, and the board shall
spend the monies as provided by law for other school funds.

20. Establish bank accounts in which the board
during a month may deposit miscellaneous monies received directly by the
district.� The board shall remit monies deposited in the bank accounts at least
monthly to the county treasurer for deposit as provided in paragraph 19 of this
subsection and in accordance with the uniform system of financial records.

21. Prescribe and enforce policies and procedures
for disciplinary action against a teacher who engages in conduct that is a
violation of the policies of the governing board but that is not cause for
dismissal of the teacher or for revocation of the certificate of the
teacher. Disciplinary action may include suspension without pay for
a period of time not to exceed ten school days.� Disciplinary action shall not
include suspension with pay or suspension without pay for a period of time
longer than ten school days. The procedures shall include notice,
hearing and appeal provisions for violations that are cause for disciplinary
action.� The governing board may designate a person or persons to act on behalf
of the board on these matters.

22. Prescribe and enforce policies and procedures
for disciplinary action against an administrator who engages in conduct that is
a violation of the policies of the governing board regarding duties of
administrators but that is not cause for dismissal of the administrator or for
revocation of the certificate of the administrator.� Disciplinary action may
include suspension without pay for a period of time not to exceed ten school
days.� Disciplinary action shall not include suspension with pay or suspension
without pay for a period of time longer than ten school days. The
procedures shall include notice, hearing and appeal provisions for violations
that are cause for disciplinary action.� The governing board may designate a
person or persons to act on behalf of the board on these
matters. For violations that are cause for dismissal, the provisions
of notice, hearing and appeal in chapter 5, article 3 of this title apply.� The
filing of a timely request for a hearing suspends the imposition of a
suspension without pay or a dismissal pending completion of the hearing.

23. Notwithstanding sections 13-3108 and 13-3120,
prescribe and enforce policies and procedures that prohibit a person from
carrying or possessing a weapon on school grounds unless the person is a peace
officer or has obtained specific authorization from the school administrator.
� If the school district has a weapons detection system at a school
that is operated by the district, the policies and procedures may authorize the
school district superintendent to modify the system without prior approval by
the governing board.� A superintendent who is authorized to modify a weapons
detection system pursuant to this paragraph shall report each modification to
the governing board not later than twenty-four hours after the superintendent
makes the modification.� The school district governing board may not prescribe
policies and procedures that authorize any person other than the superintendent
to modify the weapons detection system without prior approval by the governing
board.

24. Prescribe and enforce policies and procedures
relating to the health and safety of all pupils participating in district-sponsored
practice sessions or games or other interscholastic athletic activities,
including:

(a) The provision of water.

(b) Guidelines, information and forms, developed in
consultation with a statewide private entity that supervises interscholastic
activities, to inform and educate coaches, pupils and parents of the dangers of
concussions and head injuries and the risks of continued participation in
athletic activity after a concussion. The policies and procedures
shall require that, before a pupil participates in an athletic activity, the
pupil and the pupil's parent sign an information form at least once each school
year that states that the parent is aware of the nature and risk of
concussion.� The policies and procedures shall require that a pupil who is
suspected of sustaining a concussion in a practice session, game or other
interscholastic athletic activity be immediately removed from the athletic
activity and that the pupil's parent or guardian be notified.� A coach from the
pupil's team or an official or a licensed health care provider may remove a
pupil from play.� A team parent may also remove the parent's own child from
play.� A pupil may return to play on the same day if a health care provider
rules out a suspected concussion at the time the pupil is removed from play.�
On a subsequent day, the pupil may return to play if the pupil has been
evaluated by and received written clearance to resume participation in athletic
activity from a health care provider who has been trained in evaluating and
managing concussions and head injuries. A health care provider who
is a volunteer and who provides clearance to participate in athletic activity
on the day of the suspected injury or on a subsequent day is immune from civil
liability with respect to all decisions made and actions taken that are based
on good faith implementation of the requirements of this subdivision, except in
cases of gross negligence or wanton or wilful neglect. A school
district, school district employee, team coach, official or team volunteer or a
parent or guardian of a team member is not subject to civil liability for any
act, omission or policy undertaken in good faith to comply with the
requirements of this subdivision or for a decision made or an action taken by a
health care provider. A group or organization that uses property or
facilities owned or operated by a school district for athletic activities shall
comply with the requirements of this subdivision.� A school district and its
employees and volunteers are not subject to civil liability for any other
person or organization's failure or alleged failure to comply with the requirements
of this subdivision. This subdivision does not apply to teams that
are based in another state and that participate in an athletic activity in this
state.� For the purposes of this subdivision, athletic activity does not
include dance, rhythmic gymnastics, competitions or exhibitions of academic
skills or knowledge or other similar forms of physical noncontact activities,
civic activities or academic activities, whether engaged in for the purposes of
competition or recreation. For the purposes of this subdivision,
"health care provider" means a physician who is licensed pursuant to
title 32, chapter 13, 14 or 17, an athletic trainer who is licensed pursuant to
title 32, chapter 41, a nurse practitioner who is licensed pursuant to title
32, chapter 15, and a physician assistant who is licensed pursuant to title 32,
chapter 25.

(c) Guidelines, information and forms that are
developed in consultation with a statewide private entity that supervises
interscholastic activities to inform and educate coaches, pupils and parents of
the dangers of heat-related illnesses, sudden cardiac death and
prescription opioid use. Before a pupil participates in any district-sponsored
practice session or game or other interscholastic athletic activity, the pupil
and the pupil's parent must be provided with information at least once each
school year on the risks of heat-related illnesses, sudden cardiac death
and prescription opioid addiction.

25. Establish an assessment, data gathering and
reporting system as prescribed in chapter 7, article 3 of this title.

26. Provide special education programs and related
services pursuant to section 15-764, subsection A to all children with
disabilities as defined in section 15-761.

27. Administer competency tests prescribed by the
state board of education for the graduation of pupils from high school.

28. Ensure that insurance coverage is secured for
all construction projects for purposes of general liability, property damage
and workers' compensation and secure performance and payment bonds for all
construction projects.

29. Collect and maintain information about each
current and former teacher's educational and teaching background and experience
in a particular academic content subject area. A school district
shall either post the information on the school district's website or make the
information available for inspection on request of parents and guardians of
pupils enrolled at a school. This paragraph does not require any
school to release personally identifiable information in relation to any
teacher, including the teacher's address, salary, social security number or
telephone number.

30. Report to local law enforcement agencies any
suspected crime against a person or property that is a serious offense as
defined in section 13-706 or that involves a deadly weapon or dangerous
instrument or serious physical injury and any conduct that poses a threat of
death or serious physical injury to employees, students or anyone on the
property of the school.� This paragraph does not limit or preclude the
reporting by a school district or an employee of a school district of suspected
crimes other than those required to be reported by this
paragraph. For the purposes of this paragraph, "dangerous
instrument", "deadly weapon" and "serious physical
injury" have the same meanings prescribed in section 13-105.

31. In conjunction with local law enforcement
agencies and emergency response agencies, develop an emergency response plan
for each school in the school district in accordance with minimum standards
developed jointly by the department of education and the division of emergency
management within the department of emergency and military affairs.� Any
emergency response plan developed pursuant to this paragraph must address how
the school and emergency responders will communicate with and provide
assistance to students with disabilities.

32. Provide written notice to the parents or
guardians of all students enrolled in the school district at least ten days
before a public meeting to discuss closing a school within the school
district. The notice shall include the reasons for the proposed
closure and the time and place of the meeting. The governing board
shall fix a time for a public meeting on the proposed closure not less than ten
days before voting in a public meeting to close the school.� The school district
governing board shall give notice of the time and place of the
meeting. At the time and place designated in the notice, the school
district governing board shall hear reasons for or against closing the
school. The school district governing board is exempt from this
paragraph if the governing board determines that the school shall be closed
because it poses a danger to the health or safety of the pupils or employees of
the school. A governing board may consult with the division of
school facilities within the department of administration for technical
assistance and for information on the impact of closing a
school. The information provided from the division of school
facilities within the department of administration shall not require the
governing board to take or not take any action.

33. Incorporate instruction on Native American
history into appropriate existing curricula.

34. Prescribe and enforce policies and procedures:

(a) Allowing pupils who have been diagnosed with
anaphylaxis by a health care provider licensed pursuant to title 32, chapter
13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified
pursuant to title 32, chapter 15 to carry and self-administer emergency
medications, including epinephrine delivery systems, while at school and at
school-sponsored activities. The pupil's name on the
prescription label on the medication container or on the medication device and
annual written documentation from the pupil's parent or guardian to the school
that authorizes possession and self-administration is sufficient proof
that the pupil is entitled to possess and self-administer the
medication. The policies shall require a pupil who uses an
epinephrine delivery system while at school and at school-sponsored
activities to notify the nurse or the designated school staff person of the use
of the medication as soon as practicable.� A school district and its employees
are immune from civil liability with respect to all decisions made and actions
taken that are based on good faith implementation of the requirements of this
subdivision, except in cases of wanton or wilful neglect.

(b) For the emergency administration of epinephrine
delivery systems by a trained employee of a school district pursuant to section
15-157.

35. Allow the possession and self-administration
of prescription medication for breathing disorders in handheld inhaler devices
by pupils who have been prescribed that medication by a health care
professional licensed pursuant to title 32. The pupil's name on the
prescription label on the medication container or on the handheld inhaler
device and annual written documentation from the pupil's parent or guardian to
the school that authorizes possession and self-administration is
sufficient proof that the pupil is entitled to possess and self-administer
the medication. A school district and its employees are immune from civil
liability with respect to all decisions made and actions taken that are based
on a good faith implementation of the requirements of this paragraph.

36. Prescribe and enforce policies and procedures to
prohibit pupils from harassing, intimidating and bullying other pupils on
school grounds, on school property, on school buses, at school bus stops, at
school-sponsored events and activities and through the use of electronic
technology or electronic communication on school computers, networks, forums
and mailing lists that include the following components:

(a) A procedure for pupils, parents and school
district employees to confidentially report to school officials incidents of
harassment, intimidation or bullying. The school shall make
available written forms designed to provide a full and detailed description of
the incident and any other relevant information about the incident.

(b) A requirement that school district employees
report in writing suspected incidents of harassment, intimidation or bullying
to the appropriate school official and a description of appropriate
disciplinary procedures for employees who fail to report suspected incidents
that are known to the employee.

(c) A requirement that, at the beginning of each
school year, school officials provide all pupils with a written copy of the
rights, protections and support services available to a pupil who is an alleged
victim of an incident reported pursuant to this paragraph.

(d) If an incident is reported pursuant to this
paragraph, a requirement that school officials provide a pupil who is an
alleged victim of the incident with a written copy of the rights, protections
and support services available to that pupil.

(e) A formal process for documenting reported
incidents of harassment, intimidation or bullying and providing for the
confidentiality, maintenance and disposition of this documentation.� School
districts shall maintain documentation of all incidents reported pursuant to
this paragraph for at least six years. The school shall not use that
documentation to impose disciplinary action unless the appropriate school
official has investigated and determined that the reported incidents of harassment,
intimidation or bullying occurred. If a school provides
documentation of reported incidents to persons other than school officials or
law enforcement, all individually identifiable information shall be redacted.

(f) A formal process for the appropriate school
officials to investigate suspected incidents of harassment, intimidation or
bullying, including procedures for notifying the alleged victim and the alleged
victim's parent or guardian when a school official or employee becomes aware of
the suspected incident of harassment, intimidation or bullying.

(g) Disciplinary procedures for pupils who have
admitted or been found to have committed incidents of harassment, intimidation
or bullying.

(h) A procedure that sets forth consequences for
submitting false reports of incidents of harassment, intimidation or bullying.

(i) Procedures designed to protect the health and
safety of pupils who are physically harmed as the result of incidents of
harassment, intimidation and bullying, including, if appropriate, procedures to
contact emergency medical services or law enforcement agencies, or both.

(j) Definitions of harassment, intimidation and
bullying.

37. Prescribe and enforce policies and procedures
regarding changing or adopting attendance boundaries that include the following
components:

(a) A procedure for holding public meetings to
discuss attendance boundary changes or adoptions that allows public comments.

(b) A procedure to notify the parents or guardians
of the students affected, including assurance that, if that school remains open
as part of the boundary change and capacity is available, students assigned to
a new attendance area may stay enrolled in their current school.

(c) A procedure to notify the residents of the
households affected by the attendance boundary changes.

(d) A process for placing public meeting notices and
proposed maps on the school district's website for public review, if the school
district maintains a website.

(e) A formal process for presenting the attendance
boundaries of the affected area in public meetings that allows public comments.

(f) A formal process for notifying the residents and
parents or guardians of the affected area as to the decision of the governing
board on the school district's website, if the school district maintains a
website.

(g) A formal process for updating attendance
boundaries on the school district's website within ninety days after an adopted
boundary change. The school district shall send a direct link to the
school district's attendance boundaries website to the department of real
estate.

38. If the state board of education determines that
the school district has committed an overexpenditure as defined in section 15-107,
provide a copy of the fiscal management report submitted pursuant to section 15-107,
subsection H on its website and make copies available to the public on
request. The school district shall comply with a request within five
business days after receipt.

39. Ensure that the contract for the superintendent
is structured in a manner in which up to twenty percent of the total annual
salary included for the superintendent in the contract is classified as
performance pay. This paragraph does not require school districts to increase
total compensation for superintendents. Unless the school district
governing board votes to implement an alternative procedure at a public meeting
called for this purpose, the performance pay portion of the superintendent's
total annual compensation shall be determined as follows:

(a) Twenty-five percent of the performance pay
shall be determined based on the percentage of academic gain determined by the
department of education of pupils who are enrolled in the school district
compared to the academic gain achieved by the highest ranking of the fifty
largest school districts in this state. For the purposes of this
subdivision, the department of education shall determine academic gain by the
academic growth achieved by each pupil who has been enrolled at the same school
in a school district for at least five consecutive months measured against that
pupil's academic results in the 2008-2009 school year. For the
purposes of this subdivision, of the fifty largest school districts in this
state, the school district with pupils who demonstrate the highest statewide
percentage of overall academic gain measured against academic results for the
2008-2009 school year shall be assigned a score of 100 and the school
district with pupils who demonstrate the lowest statewide percentage of overall
academic gain measured against academic results for the 2008-2009 school
year shall be assigned a score of 0.

(b) Twenty-five percent of the performance pay
shall be determined by the percentage of parents of pupils who are enrolled at
the school district who assign a letter grade of "A" to the school on
a survey of parental satisfaction with the school district. The
parental satisfaction survey shall be administered and scored by an independent
entity that is selected by the governing board and that demonstrates sufficient
expertise and experience to accurately measure the results of the survey. The
parental satisfaction survey shall use standard random sampling procedures and
provide anonymity and confidentiality to each parent who participates in the
survey. The letter grade scale used on the parental satisfaction
survey shall direct parents to assign one of the following letter grades:

(i) A letter grade of "A" if the school
district is excellent.

(ii) A letter grade of "B" if the school
district is above average.

(iii) A letter grade of "C" if the school
district is average.

(iv) A letter grade of "D" if the school
district is below average.

(v) A letter grade of "F" if the school
district is a failure.

(c) Twenty-five percent of the performance pay
shall be determined by the percentage of teachers who are employed at the
school district and who assign a letter grade of "A" to the school on
a survey of teacher satisfaction with the school. The teacher
satisfaction survey shall be administered and scored by an independent entity
that is selected by the governing board and that demonstrates sufficient
expertise and experience to accurately measure the results of the
survey. The teacher satisfaction survey shall use standard random
sampling procedures and provide anonymity and confidentiality to each teacher
who participates in the survey.� The letter grade scale used on the teacher
satisfaction survey shall direct teachers to assign one of the following letter
grades:

(i) A letter grade of "A" if the school
district is excellent.

(ii) A letter grade of "B" if the school
district is above average.

(iii) A letter grade of "C" if the school
district is average.

(iv) A letter grade of "D" if the school
district is below average.

(v) A letter grade of "F" if the school
district is a failure.

(d) Twenty-five percent of the performance pay
shall be determined by other criteria selected by the governing board.

40. Maintain and store permanent public records of
the school district as required by law. Notwithstanding section 39-101,
the standards adopted by the Arizona state library, archives and public records
for the maintenance and storage of school district public records shall allow
school districts to elect to satisfy the requirements of this paragraph by
maintaining and storing these records either on paper or in an electronic
format, or a combination of a paper and electronic format.

41. Adopt in a public meeting and implement policies
for principal evaluations. Before adopting principal evaluation
policies, the school district governing board shall provide opportunities for
public discussion on the proposed policies. The governing board
shall adopt policies that:

(a) Are designed to improve principal performance
and improve student achievement.

(b) Include the use of quantitative data on the
academic progress for all students, which shall account for between twenty
percent and thirty-three percent of the evaluation outcomes.

(c) Include four performance classifications,
designated as highly effective, effective, developing and ineffective.

(d) Describe both of the following:

(i) The methods used to evaluate the performance of
principals, including the data used to measure student performance and job
effectiveness.

(ii) The formula used to determine evaluation
outcomes.

42. Prescribe and enforce policies and procedures
that define the duties of principals and teachers. These policies
and procedures shall authorize teachers to take and maintain daily classroom
attendance, make the decision to promote or retain a pupil in a grade in common
school or to pass or fail a pupil in a course in high school, subject to review
by the governing board in the manner provided in section 15-342,
paragraph 11.

43. Prescribe and enforce policies and procedures
for the emergency administration by an employee of a school district pursuant
to section 36-2267 of naloxone hydrochloride or any other opioid
antagonist approved by the United States food and drug administration.

44. In addition to the notification requirements
prescribed in paragraph 36 of this subsection, prescribe and enforce reasonable
and appropriate policies to notify a pupil's parent or guardian if any person
engages in harassing, threatening or intimidating conduct against that pupil.�
A school district and its officials and employees are immune from civil
liability with respect to all decisions made and actions taken that are based
on good faith implementation of the requirements of this paragraph, except in
cases of gross negligence or wanton or wilful neglect.� A person engages in
threatening or intimidating if the person threatens or intimidates by word or
conduct to cause physical injury to another person or serious damage to the
property of another on school grounds.� A person engages in harassment if, with
intent to harass or with knowledge that the person is harassing another person,
the person anonymously or otherwise contacts, communicates or causes a
communication with another person by verbal, electronic, mechanical, telephonic
or written means in a manner that harasses on school grounds or substantially
disrupts the school environment.

45. Each fiscal year, provide to each school
district employee a total compensation statement that is broken down by
category of benefit or payment and that includes, for that employee, at least
all of the following:

(a) Base salary and any additional pay.

(b) Medical benefits and the value of any employer-paid
portions of insurance plan premiums.

(c) Retirement benefit plans, including social
security.

(d) Legally required benefits.

(e) Any paid leave.

(f) Any other payment made to or on behalf of the
employee.

(g) Any other benefit provided to the employee.

46. Develop and adopt in a public meeting policies
to allow for visits, tours and observations of all classrooms by parents of
enrolled pupils and parents who wish to enroll their children in the school
district unless a visit, tour or observation threatens the health and safety of
pupils and staff.� These policies and procedures must be easily accessible from
the home page on each school's website.

B. Notwithstanding subsection A, paragraphs 7, 9 and
11 of this section, the county school superintendent may construct, improve and
furnish school buildings or purchase or sell school sites in the conduct of an
accommodation school.

C. If any school district acquires real or personal
property, whether by purchase, exchange, condemnation, gift or otherwise, the
governing board shall pay to the county treasurer any taxes on the property
that were unpaid as of the date of acquisition, including penalties and
interest.� The lien for unpaid delinquent taxes, penalties and interest on
property acquired by a school district:

1. Is not abated, extinguished, discharged or merged
in the title to the property.

2. Is enforceable in the same manner as other
delinquent tax liens.

D. The governing board may not locate a school on
property that is less than one-fourth mile from agricultural land
regulated pursuant to section 3-365, except that the owner of the
agricultural land may agree to comply with the buffer zone requirements of
section 3-365. If the owner agrees in writing to comply with
the buffer zone requirements and records the agreement in the office of the
county recorder as a restrictive covenant running with the title to the land,
the school district may locate a school within the affected buffer
zone. The agreement may include any stipulations regarding the
school, including conditions for future expansion of the school and changes in
the operational status of the school that will result in a breach of the
agreement.

E. A school district, its governing board members,
its school council members and its employees are immune from civil liability
for the consequences of adopting and implementing policies and procedures
pursuant to subsection A of this section and section 15-342.� This waiver
does not apply if the school district, its governing board members, its school
council members or its employees are guilty of gross negligence or intentional
misconduct.

F. A governing board may delegate in writing to a
superintendent, principal or head teacher the authority to prescribe procedures
that are consistent with the governing board's policies.

G. Notwithstanding any other provision of this
title, a school district governing board shall not take any action that would
result in a reduction of pupil square footage unless the governing board
notifies the school facilities oversight board established by section 41-5701.02
of the proposed action and receives written approval from the school facilities
oversight board to take the action. A reduction includes an increase
in administrative space that results in a reduction of pupil square footage or
sale of school sites or buildings, or both. A reduction includes a
reconfiguration of grades that results in a reduction of pupil square footage
of any grade level. This subsection does not apply to temporary
reconfiguration of grades to accommodate new school construction if the
temporary reconfiguration does not exceed one year. The sale of
equipment that results in a reduction that falls below the equipment
requirements prescribed in section 41-5711, subsection B is subject to
commensurate withholding of school district district additional assistance
monies pursuant to the direction of the school facilities oversight board.�
Except as provided in section 15-342, paragraph 10, proceeds from the
sale of school sites, buildings or other equipment shall be deposited in the
school plant fund as provided in section 15-1102.

H. Subsections C through G of this section apply to
a county board of supervisors and a county school superintendent when operating
and administering an accommodation school.

I. A school district governing board may delegate
authority in writing to the superintendent of the school district to submit
plans for new school facilities to the school facilities oversight board for
the purpose of certifying that the plans meet the minimum school facility
adequacy guidelines prescribed in section 41-5711.

J. For the purposes of subsection A, paragraph 37 of
this section, attendance boundaries may not be used to require students to
attend certain schools based on the student's place of residence.
END_STATUTE

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.