REFERENCE TITLE: higher education; budget reconciliation; 2019-2020.
State of Arizona
House of Representatives
First Regular Session
Representatives Cobb: Bowers
amending section 15-1444, Arizona Revised Statutes; amending section 15‑1655, Arizona Revised Statutes, as added by Laws 2017, chapter 310, section 5; repealing section 15-1655, Arizona Revised Statutes, as amended by Laws 2018, chapter 281, section 3; amending section 35-146, Arizona Revised Statutes; appropriating monies; Relating to budget RECONCILIATION for higher education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-1444, Arizona Revised Statutes, is amended to read:
15-1444. General powers and duties of district governing boards
A. Except as otherwise provided, the district board shall:
1. Maintain each community college for a period of not less than eight months in each year and, if the funds of the district are sufficient, maintain each community college for a longer period.
2. Adopt policies in a public forum to offer programs that meet the educational needs of the population served by the community college.
3. Enforce the courses of study prescribed by the district board.
4. Visit each community college under its jurisdiction and examine carefully into its management, conditions and needs.
5. Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character intended for use as textbooks.
6. Appoint and employ a chancellor or chancellors, vice‑chancellors, a president or presidents, vice presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees it deems necessary. The district board may enter into employment contracts with chancellors, vice‑chancellors and presidents for a duration of more than one year but not more than five years.
7. Determine the salaries of persons it appoints and employs. A district may not compensate an employee for work performed on behalf of an elected employee representative organization and may not provide more favorable terms and conditions of employment to any employee because that individual belongs to an elected employee representative organization.
8. Remove any officer or employee if in its judgment the interests of education in this state require the removal.
9. Award degrees, certificates and diplomas on the completion of courses and curricula as it deems appropriate.
10. Appoint or employ, if it deems necessary, police officers who shall have the authority and power of peace officers. The police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 2 or the public safety personnel retirement system under title 38, chapter 5, article 4.
11. Determine the location within the district of a community college and purchase, receive, hold, make and take leases of, sell and convey real or personal property for the benefit of the community colleges under its jurisdiction.
12. Obtain insurance or be self‑insured, or a combination of insurance and self‑insurance, against loss, to the extent it is determined necessary on community college buildings of the district. The local district shall have an insurable interest in the buildings.
B. The district board may:
1. Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district.
2. Lease real property, as lessor or as lessee. If a district is the lessee, the lease may contain an option to purchase the property. The district board may adopt policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to lease property under this paragraph. Any delegation by the district board pursuant to this paragraph may be rescinded in whole or in part at any time by the district board.
3. Sue and be sued.
4. Contract. The district board may adopt such policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to contract under this paragraph. Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part.
5. Construct, remodel and repair buildings.
6. In conjunction with other districts, establish policies for procurement of goods and services.
7. Provide a plan or plans for employee benefits, which may include optional retirement programs pursuant to section 15‑1451, subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
8. Accept grants or donations of monies from the United States or any of its agencies, departments or officers, this state, political subdivisions of this state, tribal governments, school districts, special taxing districts, persons, corporations, foundations or associations. The district board shall deposit the monies into a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific policies or restrictions as described or stipulated in the grant or donation. In the case of personal property granted or donated to or for the benefit of a community college district, the district board shall immediately transfer possession and ownership of the property to the designated district. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
9. Enter into intergovernmental agreements or contracts pursuant to section 11‑952.01 for participation in programs offered by public agency pools or separately contract with a trustee or board of trustees that provides a common self‑insurance program with pooled funds and risks pursuant to section 15‑382, subsection B, paragraph 2. The district board is not required to engage in competitive procurement in order to make the decision to participate in these programs.
10. Name a building or a group of buildings that is located on a community college campus on behalf of a person or entity that has made a significant contribution of monies or other property to the community college or the community college district.
11. Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit‑sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through community college district research. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
12. Enter into an intergovernmental agreement pursuant to section 15‑1747 to participate in a reciprocity agreement subject to the terms of the reciprocity agreement.
13. Engage in entrepreneurial and commercial activities. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
14. Collect auxiliary fees, including cafeteria fees, food service fees, bookstore fees and dormitory fees. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
15. Provide goods and services pursuant to a contract with a political subdivision of this state or with a tribal government. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
C. If a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the district 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 the 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. In a district whose boundaries encompass a vehicle emissions control area as defined in section 49‑541, the district board shall require all out‑of‑county and out‑of‑state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of section 49‑542. The district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles that fail to comply with section 49‑542.
E. A community college district and a career technical education district governing board may enter into agreements for the provision of administrative, operational and educational services and facilities.
F. Each district may establish a program for the exchange of students between the community colleges under its jurisdiction and colleges and universities located in Sonora, Mexico. The program may provide for in‑state tuition for Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for Arizona students enrolled or seeking enrollment in Sonora colleges and universities. The community colleges may work in conjunction with the Arizona‑Mexico commission in the governor's office to coordinate recruitment and admissions activities to provide for in‑state tuition for up to fifty Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for up to fifty total Arizona students enrolled or seeking enrollment in Sonora colleges and universities.
G. Each district shall facilitate transfer articulation coordination pursuant to section 15‑1824.
Sec. 2. Section 15-1655, Arizona Revised Statutes, as added by Laws 2017, chapter 310, section 5, is amended to read:
15-1655. Arizona teachers academy; tuition and fees scholarships; fund; annual report; definitions
A. For the 2017-2018 academic year, universities under the jurisdiction of the Arizona board of regents Eligible postsecondary institutions shall implement an Arizona teacher teachers academy to incentivize Arizona resident students to enter the teaching profession and to commit to teach in Arizona public schools. The Arizona board of regents, in consultation with universities under the jurisdiction of the board eligible postsecondary institutions, shall develop and implement centralized administrative processes for the academy, including:
1. Metrics to assess the efficacy of the academy.
2. 1. A marketing and promotion plan to recruit students for the academy.
2. Data collection and reporting.
3. Tracking postgraduation service requirements.
4. Coordinating induction services.
5. Distributing monies in the arizona teachers academy fund between eligible postsecondary institutions.
6. Collecting reimbursement from individuals who fail to meet service obligations.
B. The Arizona teacher teachers academy may include new or existing teacher preparation program pathways that are student-focused and that employ proven, research-based models of best practices already being implemented. Each university eligible postsecondary institution may develop a portfolio of teacher preparation programs to offer as part of the academy. Programs offered as part of the academy shall include accelerated models for:
1. High‑demand teacher specializations, including special education, science, technology, engineering and mathematics.
2. Critical need areas, including low-income public schools, public schools located on Indian reservations and rural public schools.
2. 3. Individuals seeking postbaccalaureate coursework that results in professional certification.
C. Each university Eligible postsecondary institution shall develop formalized partnerships with public schools in this state to build commitments for teacher employment on completion of the Arizona teacher teachers academy. The targeted deployment of teachers who have completed the academy shall be based on the needs of each school system and the community that is being served as well as the individual skills of each teacher.
D. Each university eligible postsecondary institution shall provide to each full‑time student who is enrolled in the Arizona teacher teachers academy an annual waiver scholarship of $5,000 per year for a maximum of four academic years for university students and $3,000 per year for a maximum of two academic years for community college students for all tuition and fees associated with the student's program of study, after all other financial gifts, aid or grants received by that student. Scholarships under this subsection are subject to all of the following:
1. If the student does not successfully complete the academic year in good academic standing, the student shall reimburse the university arizona board of regents for the total amount of the waiver scholarship for tuition and fees the student received for that year.
2. For each academic year that the student successfully completes and for which the student receives a waiver scholarship for all tuition and fees, the student must agree to teach for one full school year in a public school in this state. For students teaching and receiving the scholarship concurrently, the commitment period begins after graduation from the Arizona teachers academy.
3. If the scholarship does not cover remaining tuition and fee costs after other aid received, the eligible postsecondary institution may not charge students the remaining difference. If the scholarship amount exceeds tuition and fee costs at an eligible postsecondary institution, the institution may use the remaining amount to support Arizona teachers academy costs.
3. 4. If the student does not fulfill the student's agreement obligation to teach in a public school, the student must reimburse the university Arizona board of regents for the proportional amount of the waiver scholarship for tuition and fees that the student received that corresponds to the number of school years the student agreed to teach but did not teach in a public school in this state.
4. 5. If the student is physically or mentally unable to fulfill the requirements of the Arizona teachers academy, the university Arizona board of regents shall assess establish a process for assessing the student's ability to repay the financial assistance received and shall make a determination on any terms of repayment.
6. The Arizona board of regents shall establish a process for deferring service or repayment based on factors adopted by the board.
E. Students enrolled in a noneducation program in the Arizona teachers academy must complete one or more teacher preparation courses to ensure the likelihood that the student will transition into a postbaccalaureate program to receive a teaching certification following graduation.
F. The Arizona teachers academy fund is established consisting of legislative appropriations made for the purpose of administering the Arizona teachers academy. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. The Arizona board of regents shall administer the fund and shall establish criteria for distributing monies in the fund to eligible postsecondary institutions each fiscal year to fund the costs of the academy. Monies in the fund may be used only for:
1. Reimbursing Arizona teachers academy scholarships that cover the balance of tuition and fees for undergraduate and postbaccalaureate students enrolled in the Arizona teachers academy after all other gifts and aid received.
2. Induction services for Arizona teachers academy graduates.
3. Implementing a marketing and promotion plan to recruit and retain students in the Arizona teachers academy and administering the Arizona teachers academy. Annual expenditures for marketing, promoting and administrating the Arizona teachers academy may not exceed three percent of the monies in the fund each fiscal year.
G. Monies remaining in the Arizona teachers academy fund at the end of each fiscal year may be used by eligible postsecondary institutions for Arizona teachers academy costs in the next fiscal year.
H. On or before august 1 of each fiscal year, the state treasurer shall reduce the amount of monies appropriated for the Arizona teachers academy in the general appropriations act for the current fiscal year by the amount of monies remaining in the Arizona teachers academy fund at the end of the prior fiscal year.
I. On or before March 1, 2020 and each year thereafter, the Arizona board of regents shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting on all of the following:
1. The total number of students enrolled in the Arizona teachers academy by eligible postsecondary institution in the current academic year.
2. The number of Arizona teachers academy graduates receiving induction services in the current academic year.
3. The estimated amount of monies committed from the Arizona teachers academy fund in the current fiscal year.
E. J. On or before July 1, 2018 September 1, 2019 and each year thereafter, the Arizona board of regents shall report to the governor, the president of the senate and the speaker of the house of representatives, and shall submit a copy to the secretary of state, on all of the following:
1. The total number of students enrolled in the Arizona teacher teachers academy of at each university eligible postsecondary institution by year of college enrollment.
2. The percentage of students who completed each year of the academy and who plan to continue to the subsequent year, delineated by each teacher preparation program offered by each university eligible postsecondary institution as part of the Arizona teacher teachers academy.
3. The number of teachers who completed a program of study through the Arizona teacher teachers academy by each eligible postsecondary institution.
4. The number of teachers currently teaching in a public school in this state as part of an agreement for receiving a full tuition and fee waiver an Arizona teachers academy scholarship.
5. The number of graduates receiving induction services.
5. 6. The number of students who have defaulted on their agreement obligation and who are in repayment agreements.
7. The number of students who have deferred repayment agreements.
8. The number of students who have completed repayment agreements.
9. The methodology for distributing any monies appropriated for the Arizona teachers academy to each eligible postsecondary institution and the amounts distributed to each.
10. The amount of unused monies in the Arizona teachers academy fund from the prior fiscal year.
K. For the purposes of this section:
1. "Eligible postsecondary institutions" means universities under the jurisdiction of the arizona board of regents and community colleges in this state that offer postbaccalaureate programs that lead to teacher certification and that have entered into an agreement with the Arizona board of regents relative to these postbaccalaureate programs.
2. "Tuition and fees" means tuition, mandatory fees and program fees that are associated with a program in the Arizona teachers academy leading to teacher certification and that are charged by an eligible postsecondary institution.
Sec. 3. Repeal
Section 15-1655, Arizona Revised Statutes, as amended by Laws 2018, chapter 281, section 3, is repealed.
Sec. 4. Section 35-146, Arizona Revised Statutes, is amended to read:
35-146. Deposit of receipts by budget units
A. All monies received by any officer or employee of any budget unit shall be promptly remitted to the state treasurer, and no monies shall not be held, used or deposited in any personal or special bank account temporarily or otherwise by any agent or employee except as expressly provided by this chapter.
B. All monies received by the state treasurer shall be credited to the state general fund, unless otherwise prescribed by law.
C. All revenues included in the operating budget adopted by the Arizona board of regents for each university as prescribed in section 15‑1626, subsection a shall be retained by each university. Tuition and fees shall be deposited in subaccounts as prescribed in section 15-1626, subsection A.
Sec. 5. Financial aid trust fund; required state match; reduction
Notwithstanding section 15-1642, subsection C, Arizona Revised Statutes, for fiscal year 2019-2020, each dollar raised pursuant to the surcharge on student registration fees assessed pursuant to section 15‑1642, subsection A, Arizona Revised Statutes, may be matched by less than $2 appropriated by the legislature.
Sec. 6. Community college districts; state aid for science, technology, engineering and mathematics and workforce programs
Notwithstanding section 15‑1464, Arizona Revised Statutes, state aid for science, technology, engineering and mathematics and workforce programs for community college districts for fiscal year 2019‑2020 is as specified in the general appropriations act.
Sec. 7. Community college districts; operating state aid; eligibility; limits
Notwithstanding section 15‑1466, Arizona Revised Statutes, operating state aid for community college districts for fiscal year 2019‑2020 is as specified in the general appropriations act.