PREFILED    DEC 21 2018

REFERENCE TITLE: state law violation; school districts

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

HB 2018

 

Introduced by

Representative Townsend

 

 

AN ACT

 

amending Title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-194.02; relating to the attorney general.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-194.02, to read:

START_STATUTE41-194.02.  Violations of state law by school districts and school district employees; attorney general investigation; report; withholding of state aid

A.  At the request of one or more members of the legislature, the attorney general shall investigate any policy, procedure or other official action adopted or taken by a school district governing board or any action taken by a school district employee in the employee's official capacity that the member alleges violates state law or the Constitution of Arizona.

B.  The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state. If the attorney general concludes that the policy, procedure or other action under investigation:

1.  Violates state law or the Constitution of Arizona, the attorney general shall:

(a)  Notify the superintendent of public instruction who shall withhold up to $5,000 of state aid to the school district for each violation, and the school district shall reduce its budget limit accordingly.

(b)  Continue to monitor the response of the governing body and, when the offending policy, procedure or other action is discontinued or the violation is otherwise resolved, notify the governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved.

2.  Does not violate state law or the Constitution of Arizona, the attorney general shall take no further action. END_STATUTE