Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-506, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-506. Flag, Constitution and the Bill of
Rights display; recitation of the pledge of allegiance
A. School
authorities districts and charter schools shall:
1. Purchase
a United States flag, flags that are manufactured in the United States and that
are at least two feet by three feet flagstaff and appurtenances, and hardware to appropriately display the United states flag
and for grades seven through twelve, purchase a legible copy of the
constitution of the United States and the bill of rights that is manufactured
in the United States.
2. Display
the flag flags in accordance with title 4 of the United States Code
in each classroom and upon or near the outside of the school building during school
hours and at such other times as they
the school authorities direct. For grades seven through twelve, the
constitution of the United States and the bill of rights shall be placed
adjacent to each classroom flag. and
3. Set
aside a specific time each day for those students who wish to recite the pledge
of allegiance to the United States flag.
B. Private
schools, parochial schools and home schools are exempt from the provisions of
this section. END_STATUTE
Sec. 2. Section 15-1445, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-1445. Administrative powers of district
governing boards
A district board shall:
1. Adopt policies for the government of the
community colleges under its jurisdiction.
2. In conjunction with other district boards, set
standards for the establishment, development, administration, operation and
accreditation of community colleges in the district.
3. Fix tuitions and graduate the tuitions and fees
between institutions and between residents, nonresidents and students from
foreign countries. The district board may waive tuitions and fees and graduate
tuitions and waivers for an employee or the spouse or dependent child of an
employee of the district, or for a nonresident student enrolled in the district
if the district board determines the waiver is in the best interest of this
state and the student.
4. In conjunction with other district boards, submit
to the economic estimates commission before January 10 of each year the
estimated number of full‑time equivalent students for the district as
prescribed in section 15‑1466.01.
5. Establish curriculums and designate courses that
in its judgment will best serve the interests of this state.
6. Determine academic classes that qualify as open
entry, open exit classes and prescribe policies for the operation of open
entry, open exit classes.
7. In conjunction with other district boards and the
state board for vocational and
technological of
education, review and adopt, within the scope of the statutory definitions of
vocational and technological education, program and staff standards with
modifications as necessary for courses taught in community colleges. The
district board shall base the standards on vocational and technological
competence.
8. In conjunction with other district boards,
establish qualifications of the instructional staff that, at a minimum, shall
be equal to those required to meet accreditation guidelines and establish
standards of vocational and technological competence required to instruct in
occupational as well as academic subjects.
9. In conjunction with other district boards,
prescribe guidelines providing for the transferability between community
college district vocational and technological education programs and in
conjunction with the state board for
vocational and technological of education prescribe guidelines for the
interrelationship of secondary programs and postsecondary programs.
10. In conjunction with other district boards,
prescribe the manner in which the self‑evaluation of vocational and
technological education programs is conducted as provided in section 15‑1452.
11. If requested by the state board for vocational and technological of education, assist in the
preparation, publication and distribution of an annual state plan and a
comprehensive five year state plan.
12. In conjunction with other district boards and
the state board for vocational and
technological of
education, develop a process to determine program funding priorities for state
aid purposes. Each district board shall submit state aid recommendations to
the legislature. The recommendations shall be based on the process and on
existing cost studies of vocational and technological education in this state.
13. In conjunction with other district boards,
prescribe qualifications for admission to community colleges for honorably
discharged veterans who served on active duty in the armed forces for a minimum
of one year and who were previously enrolled at a community college or university
in this state. For the purpose of determining the qualifications, the district
board may not consider prior failing grades received by the veteran at a
community college or university in this state.
14. Require the publisher of each literary and nonliterary
textbook used in the community colleges of the district to furnish computer
software in a standardized format, when software becomes available for
nonliterary textbooks, to the district board from which braille versions of the
textbook may be produced.
15. Identify students simultaneously enrolled in a
course for both high school and college credit by using the same student level
data element required by section 15‑1042, subsection A. The auditor
general shall have access to this information when certifying the full‑time
equivalent student enrollment pursuant to section 15‑1466.01, paragraph
4.
16. Beginning July 1, 2007, purchase united
states flags 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
flag and purchase a legible copy of the constitution of the United States and
the bill of rights that is manufactured in the United States, and 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. END_STATUTE
Sec. 3. Section 15-1626, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-1626. General administrative powers of board
A. The board 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 and governance of such institutions, including those
powers enumerated in section 15‑1625, subsection B, paragraphs 2 and 4,
paragraphs 3, 4, 7, 8, 10 and 11 of this subsection and subsection B of this
section. 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, 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.
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, except students whose chosen program requires for a degree
additional credit hours above the credit hour threshold. For the purposes of
this paragraph, the credit hour threshold is one hundred fifty-five hours in
fiscal year 2006-2007, one hundred fifty hours in fiscal year 2007-2008 and one
hundred forty-five hours after fiscal year 2007-2008. The amount of tuition,
registration fees and other revenues included in the operating budget for the
university adopted by the board as prescribed in paragraph 12 of this
subsection shall be deposited, pursuant to sections 35‑146 and 35‑147.
All other tuition and fee revenue shall be retained by each university for
expenditure as approved by the board. Except as provided in subsection H of
this section, the Arizona board of regents shall adopt rules to govern its
tuition and 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 upon any
proposed increase in tuition or fees.
(b) Publication of the notice of public hearing at
least ten days prior to 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 prior to the public
hearing.
(d) Final board action on changes in tuition or fees
shall be taken by roll call vote.
The procedural requirements of
subdivisions (a), (b), (c) and (d) apply only to those changes in tuition or
fees that require board approval.
6. Pursuant to section 35‑115, submit a budget
request for each institution under its 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.
7. Establish curriculums and designate courses at
the several institutions which in its judgment will best serve the interests of
this state.
8. Award such degrees and diplomas upon the
completion of such courses and curriculum requirements as it deems appropriate.
9. Prescribe qualifications for admission of all
students to the universities. The board shall establish policies for
guaranteed admission that assure fair and equitable access to students in this
state from public, private, charter and home schools. 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 be considered.
10. Adopt any energy conservation standards
promulgated by the department of administration for the construction of new
buildings.
11. 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.
12. Adopt annually an operating budget for each
university equal to the sum of appropriated general fund monies and the amount
of tuition, registration fees and other revenues approved by the board and
allocated to each university operating budget.
13. 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.
14. Require the publisher of each literary and
nonliterary textbook used in the universities of this state to furnish computer
software in a standardized format when software becomes available for
nonliterary textbooks, to the Arizona board of regents from which braille
versions of the textbooks may be produced.
15. 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.
16. Beginning
July 1, 2007, purchase 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 flag and purchase a
legible copy of the constitution of the United States and the bill of rights,
and 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.
B. The board shall adopt personnel rules. All
nonacademic employees of the universities are subject to these rules except for
university presidents, university vice‑presidents, university deans,
legal counsel and administrative officers. The personnel rules shall be
similar to the personnel rules under section 41‑783. The rules shall
include provisions for listing available positions with the department of
economic security, competitive employment processes for applicants,
probationary status for new nonacademic employees, nonprobationary status on
successful completion of probation and due process protections of
nonprobationary employees after discharge. The board shall provide notice of
proposed rule adoption and an opportunity for public comment on all personnel
rules proposed for adoption.
C. The Arizona board of regents 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 upon the general fund of this state but shall be paid from funds of the
institutions.
D. The board shall approve or disapprove any
contract or agreement entered into by the university of Arizona hospital with
the Arizona health facilities authority.
E. The board may adopt policies which 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 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.
F. The board may adopt a plan or plans for employee
benefits which allow for participation in a cafeteria plan that meets the
requirements of the United States internal revenue code of 1986.
G. 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.
H. Subsection A, paragraph 5, subdivisions (a), (b),
(c) and (d) of this section do not apply to fee increases that are set by
individual universities and that do not require approval by the Arizona board
of regents before the fee increase becomes effective. END_STATUTE
Sec. 4. Section 41-852, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-852. Display of state flag; death of
incumbent elective state officer; display of flag of the United States,
Constitution, the Bill of Rights
A. The state flag shall be displayed alongside the
flag of the United States on or in front of the state capitol building, and
institutional and educational buildings of the state as the governor directs,
on or in front of the courthouse of each county, and other institutional
buildings of each county as the board of supervisors directs, and on or in front
of the city or town hall of each incorporated city or town, and other
municipally owned buildings as the governing body of the municipality directs.
B. On the death of an incumbent elective state
officer, each state flag displayed pursuant to subsection A shall be flown at
half‑staff for a period of seven days beginning on the day following the
death of the officer.
C. The flag
of the United States shall be displayed in each hearing room in the state house
of representatives and state senate in accordance with title 4 of the United
States Code and a legible copy of the Constitution of the United States and the
Bill of Rights shall be displayed adjacent to the flag. END_STATUTE
Sec. 5. Flag acquisition through donations and fund-raising
School districts, charter schools, community college districts
and the Arizona board of regents shall attempt to acquire the flags required by
this act through donations and fund-raising activities beginning July 1, 2006
through June 30, 2007 before allocating monies from other sources to acquire
the flags required by this act.
Sec. 6. Arizona’s flags and constitutions for freedom program
Beginning July 1, 2006 through June 30, 2007, Arizona
businesses may participate in the Arizona’s flags and constitutions for freedom
program by donating at least one United States flag that is manufactured in the
United States and is at least two feet by three feet, or by donating a legible
copy of the Constitution of the United States and the Bill of Rights that is
manufactured in the United States, or by donating both to a school district,
charter school, community college district or university under the jurisdiction
of the Arizona board of regents.
Sec. 7. Existing flags; display requirements
A United States flag that is at least two feet by three feet
and is present in a classroom at a school district, charter school, community
college or public university displayed in accordance with title 4 of the United
States Code as of June 30, 2006, may be used to meet the requirements of this
act.
Sec. 8. Intent
It is the intent of the Legislature that school districts,
charter schools, community college districts and universities under the Arizona
board of regents attempt to acquire United States flags and constitutions
through the Arizona flags and constitutions for freedom program and section 5
of this act and that these flags and constitutions are appropriately displayed
in the classroom by July 4, 2007 to recognize Independence Day.
Sec. 9. Retroactivity
Section 5 of this act, relating to flag and constitutions
acquisition through donations and fund-raising, is effective retroactively to
from and after June 30, 2006.
Sec. 10. Effective date
Section 15-506, Arizona Revised Statutes, as amended by this
act, is effective from and after June 30, 2007.
