REFERENCE TITLE: charter schools; profit distributions

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SB 1297

 

Introduced by

Senators Bradley: Dalessandro

 

 

AN ACT

 

amending section 15‑182, Arizona Revised Statutes; relating to charter schools.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 15-182, Arizona Revised Statutes, is amended to read:

START_STATUTE15-182.  State board for charter schools; membership; terms; compensation; duties

A.  The state board for charter schools is established consisting of the following members:

1.  The superintendent of public instruction or the superintendent's designee.

2.  Six members of the general public, at least two of whom shall reside in a school district where at least sixty per cent percent of the children who attend school in the district meet the eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free lunches, and at least one of whom shall reside on an Indian reservation, who are appointed by the governor pursuant to section 38‑211.

3.  Two members of the business community who are appointed by the governor pursuant to section 38‑211.

4.  A teacher who provides classroom instruction at a charter school and who is appointed by the governor pursuant to section 38‑211.

5.  An operator of a charter school who is appointed by the governor pursuant to section 38‑211.

6.  Three members of the legislature who shall serve as advisory members and who are appointed jointly by the president of the senate and the speaker of the house of representatives.

B.  The superintendent of public instruction shall serve a term on the state board for charter schools that runs concurrently with the superintendent's term of office.  The members appointed pursuant to subsection A, paragraph 6 of this section shall serve two year two-year terms on the state board for charter schools that begin and end on the third Monday in January and that run concurrently with their respective terms of office.  Members appointed pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section shall serve staggered four year four-year terms that begin and end on the third Monday in January.

C.  The state board for charter schools shall annually elect a president and such other officers as it deems necessary from among its membership.

D.  Members of the state board for charter schools are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E.  The state board for charter schools shall:

1.  Exercise general supervision over charter schools that are sponsored by the board and recommend legislation pertaining to charter schools to the legislature.

2.  Grant charter status to qualifying applicants for charter schools pursuant to section 15‑183.

3.  Adopt and use an official seal in the authentication of its acts.

4.  Keep a record of its proceedings.

5.  Adopt rules for its own government.

6.  Determine the policy of the board and the work undertaken by it.

7.  Delegate to the superintendent of public instruction the execution of board policies.

8.  Prepare a budget for expenditures necessary for the proper maintenance of the board and the accomplishment of its purpose.

9.  Annually monitor and approve or disapprove any profit distribution by a charter school that exceeds the charter school's net profit.  The approval or disapproval process shall be conducted in an open meeting of the state board for charter schools.

10.  Evaluate draws on a charter school owner's equity for distributions against the owner's fiscal position based on financial performance recommendations established by the state board for charter schools.   

F.  The state board for charter schools may:

1.  Contract.

2.  Sue and be sued.

3.  Use the services of the auditor general.

4.  Subject to title 41, chapter 4, article 4 and legislative appropriation, employ staff.

G.  The state board for charter schools may accept gifts or grants of monies or real or personal property from public and private organizations, if the purpose of the gift or grant specified by the donor is approved by the board and is within the scope of the board's powers and duties.  The board shall establish and administer a gift and grant fund for the deposit of monies received pursuant to this subsection. END_STATUTE