HB2583 - 472R

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.