State Seal2 copy           Bill Number: H.B. 2124

            Shope Floor Amendment

            Reference to: Education Committee amendment

            Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

1.   Reinstates the district additional assistance (DAA) increase for a common school district not within a high school district (type 3 district) and for a transporting school district by an amount equal to 50 percent of the statutory, per-pupil DAA multiplied by the number of high school pupils the district transported.

2.   Reinstates the requirement that a transporting school district must pay tuition for high school pupils admitted to another school district and that the pupils be deemed enrolled in the district of residence for the purposes of determining student count and apportionment of state aid.

3.   Specifies that the number of high school pupils for which tuition may be charged to a transporting school district is equal to the average daily membership in the district of attendance from the transporting school district for the prior fiscal year, which may be adjusted if the transporting school district increases its revenue control limit.

4.   Adds providing a free and appropriate public education under the federal Individuals with Disabilities Education Act to the purposes for which a high school pupil who resides in a type 3 district is deemed to be enrolled in the school district of attendance, rather than of residence.

5.   Removes the caps on the per-pupil debt service expenditures amounts that are included in costs per student count, which may not be exceeded by the tuition charged for pupils attending a school district other than that of their residence.

6.   Deems, as enrolled in the unified school district (unified district), a high school pupil who attends a unified district and resides in a type 3 district that is located within the boundaries of the former high school district that unified with another common school district and removes the requirement that the common school district pay tuition to the unified district for the high school pupils.

7.   Removes the requirement that the calculation of the tuition that the type 3 district pays for high school pupils attending the unified district be modified to include payments for the former high school district's debt service or the unified district's debt service expenditures pertaining to high school facilities.

8.   Reinserts the specification that, for the purposes of determining student count and apportionment of state aid, children must be counted or not counted as resident pupils of a school district as statutorily prescribed.

9.   Makes technical and conforming changes.


 

Fifty-fifth Legislature                                                     Shope

Second Regular Session                                                  H.B. 2124

 

SHOPE FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2124

(Reference to EDUCATION Committee amendment)

 

 


Page 3, line 23, strike the comma

Strike lines 24 through 29

Line 30, strike "tuition for these pupils as provided in subsection J of this section"

Page 4, line 23, after the period strike remainder of line

Strike lines 24 through 31

Page 5, strike lines 1 through 28, insert "For the purposes of determining student count and for APPORTIONMENT of state aid, the school membership of these pupils is deemed to be enrollment in the unified school district."

Page 7, strike lines 24 through 32

Strike pages 8 and 9

Page 10, strike lines 1 through 12

Renumber to conform

Line 22, strike "such"; after "certificate" insert "of educational convenience"

Line 32, strike "purpose" insert "purposes"

Page 11, line 1, after "count" insert "and providing a free and appropriate public education pursuant to the individuals with disabilities education act (20 United States Code chapter 33)"

Between lines 2 and 3, insert:

"3. To a high school without the presentation of a certificate of educational convenience if the pupil is a resident of a transporting school district that does not offer instruction in the pupil's grade.  Tuition shall be charged as prescribed in subsection E of this section for each pupil who is admitted pursuant to this paragraph.  For the purposes of determining student count and for apportionment of state aid, The school membership of these pupils is deemed to be enrollment in the school district of the pupil's residence."

Page 11, line 23, strike "and subsection A, paragraph 2 of this section" insert "and subsection A, paragraph 3 of this section"

Strike lines 31 and 32

Page 12, strike lines 1 through 8, insert:

"1. The number of high school pupils for which tuition may be charged to a common transporting school district that is not within a high school district is equal to the average daily membership in the district of attendance from the common transporting school district for the prior fiscal year, except that for the first year in which a common school district not within a high school district stops teaching high school subjects, the district of attendance may charge tuition for the number of pupils that is equal to the average daily membership for high school pupils in the common school district for the prior fiscal year. This number may be adjusted if the common transporting school district increases its revenue control limit and district support level."

Renumber to conform

Line 28, strike " 1" insert "2"

Page 13, line 23, strike "subdivisions" insert "subdivision"; strike "and (d)"

Page 14, strike lines 21 through 31

Page 15, strike lines 1 through 5

Strike lines 13 through 32

Strike pages 16 and 17

Page 18, strike lines 1 through 5

Renumber to conform

Page 26, between lines 9 and 10, insert:

"Sec. 4. Section 15-943.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-943.01. Maintenance and operation budget balance; definition

A. The governing board of a school district may budget any budget balance in the maintenance and operation section of the budget, as provided in section 15-903, from the current fiscal year for use in the maintenance and operation section of the budget in the budget year. The amount that may be budgeted as the budget balance carryforward in any one fiscal year shall not include any budget balance attributable to any reduction in the district's general budget limit, including reductions for items that are exempt from the revenue control limit and for which expenditures are limited to a designated purpose such as monies levied pursuant to section 15-910, subsection G or for the bond issues portion of the cost of tuition. The amount budgeted as the budget balance carryforward is specifically exempt from the revenue control limit.

B. If the actual amount of the allowable budget balance carryforward is less than the amount budgeted for the budget balance carryforward, the governing board shall adjust the general budget limit and expenditures before May 15 based on the actual allowable budget balance carryforward.  If the actual amount of the allowable budget balance carryforward is more than the amount budgeted for the budget balance carryforward, the governing board may adjust its budget before May 15 based on the actual amount of the allowable fund balance carryforward.  Not later than May 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.

C. If the governing board is eligible to budget for a budget balance carryforward as provided in subsection A of this section, the governing board may transfer an amount from the district's ending cash balance of the maintenance and operations fund to the school opening fund. The school opening fund is a cash controlled fund as provided in section 15-905, subsection N, and may only be expended spent only for the additional maintenance and operations expenses incurred in the first year of operation of a new school within the school district. The monies in the school opening fund are not subject to reversion, except that at the end of five years of no activity in the fund, any remaining monies shall be reverted revert to the maintenance and operations fund.  Any monies so reverted may be considered additional budget balance for that fiscal year.

D. If a governing board transfers monies as provided in subsection C of this section, the amount so transferred in a fiscal year shall be subtracted from the amount the district would otherwise be eligible to budget for that fiscal year as provided in subsection A of this section. The difference, if any, is the maximum amount that may be budgeted for that fiscal year as a budget balance carryforward.

E. For the purposes of this section, "budget balance" means the difference between actual and budgeted expenditures. END_STATUTE

Sec. 5. Section 15-947, Arizona Revised Statutes, is amended to read:

START_STATUTE15-947. Revenue control limit; district support level; general budget limit; unrestricted total capital budget limit; district additional assistance limit

A. The revenue control limit for a school district is equal to the sum of the base revenue control limit determined in section 15-944 and the transportation revenue control limit determined in section 15-946.

B. The district support level for a school district is equal to the sum of the base support level determined in section 15-943 and the transportation support level determined in section 15-945.

C. The general budget limit for each school district, for each fiscal year, is the sum of the following:

1. The maintenance and operations portion of the revenue control limit for the budget year.

2. The maintenance and operation portion of the following amounts:

(a) Amounts that are fully funded by revenues other than a levy of taxes upon on the taxable property within the school district, as listed below:

(i) Amounts budgeted as the budget balance carryforward as provided in section 15-943.01.

(ii) Tuition revenues for attendance of nonresident pupils.

(iii) State assistance as provided in section 15-976.

(iv) Special education revenues as provided in section 15-825, subsection D and section 15-1204.

(v) Title VIII of the elementary and secondary education act of 1965 assistance determined for children with disabilities, children with specific learning disabilities, children residing on Indian lands and children residing within the boundaries of an accommodation school that is located on a military reservation and that is classified as a heavily impacted local educational agency pursuant to 20 United States Code section 7703 as provided in section 15-905, subsections K and O.

(vi) Title VIII of the elementary and secondary education act of 1965 administrative costs as provided in section 15-905, subsection P.

(vii) State assistance for excess tuition as provided in section 15-825.01.

(viii) Transportation revenues for attendance of nonresident pupils.

(b) Amounts approved pursuant to an override election as provided in section 15-481 for the applicable fiscal year.

(c) Amounts authorized by the county school superintendent pursuant to section 15-974, subsection B.

(d) Expenditures for complying with a court order of desegregation as provided in section 15-910.

(e) Expenditures for the bond issues portion of the cost of tuition as provided in section 15-910.

(f) (e) Interest on registered warrants or tax anticipation notes as provided in section 15-910.

(g) (f) Amounts budgeted for a jointly owned and operated career and technical education and vocational education center as provided in section 15-910.01.

3. The maintenance and operations portion of district additional assistance for the budget year.

4. Any other budget item that is budgeted in the maintenance and operation section of the budget and that is specifically exempt from the revenue control limit or district additional assistance.

D. The unrestricted capital budget limit, for each school district for each fiscal year, is the sum of the following:

1. The federal impact adjustment as determined in section 15-964 for the budget year.

2. Any other budget item that is budgeted in the capital outlay section of the budget and that is specifically exempt from district additional assistance.

3. The unrestricted capital portion of the amounts contained in subsection C of this section.

4. The unexpended budget balance in the unrestricted capital outlay fund from the previous fiscal year.

5. The net interest earned in the unrestricted capital outlay fund from the previous fiscal year.END_STATUTE"

Renumber to conform

Page 29, between lines 5 and 6, insert:

"Sec. 8. Section 15-961, Arizona Revised Statutes, is amended to read:

START_STATUTE15-961. District additional assistance; growth rate

A. District additional assistance per student count is established as follows:

1. For school districts with a student count of less than one hundred for kindergarten programs and grades one through eight, five hundred forty-four dollars fifty-eight cents $544.58.  For school districts with a student count of one hundred or more and less than six hundred for kindergarten programs and grades one through eight, multiply three hundred eighty-nine dollars twenty-five cents $389.25 by the weight that corresponds to the student count for kindergarten programs and grades one through eight for the school district as provided in section 15-943, paragraph 1, subdivision (a), column 3. For a school district with a student count of six hundred or more in kindergarten programs and grades one through eight, the limit is four hundred fifty dollars seventy-six cents $450.76.

2. For school districts with a student count of less than one hundred for grades nine through twelve, six hundred one dollars twenty-four cents $601.24.  For school districts with a student count of one hundred or more and less than six hundred for grades nine through twelve, multiply four hundred five dollars fifty-nine cents $405.59 by the weight that corresponds to the student count for grades nine through twelve for the school district as provided in section 15-943, paragraph 1, subdivision (b), column 3. For a school district with a student count of six hundred or more in grades nine through twelve, the limit is four hundred ninety-two dollars ninety-four cents $492.94.

3. For programs for preschool children with disabilities, four hundred fifty dollars seventy-six cents $450.76.

B. District additional assistance for a school district shall be computed as follows:

1. Select the applicable district additional assistance per student count for the school district.

2. Multiply the amount or amounts selected in paragraph 1 of this subsection by the appropriate student count of the school district.

3. If a school district's student count used for the budget year is greater than one hundred five percent of the student count used for the current year's budget, increase the adjusted district additional assistance determined in paragraph 2 of this subsection by fifty percent of the actual percentage increase in the school district's student count.

C. An amount for the purchase of required textbooks and related printed subject matter materials shall be used to increase the district additional assistance for a school district as determined in subsection B, paragraph 2 or 3 of this section, whichever is applicable. This amount shall equal the student count in grades nine through twelve multiplied by sixty-nine dollars sixty-eight cents $69.68.

D. Notwithstanding subsections A, B and C of this section, district additional assistance for a common school district that is not within a high school district or for a transporting school district is district additional assistance as prescribed in this section but excluding pupils who are admitted to another school district as provided in section 15-824, subsection A, paragraph 2 or 3, except that if the school district transports high school pupils, the district additional assistance amount prescribed in this section shall be increased by an amount equal to fifty percent of the district additional assistance per pupil amount prescribed for the school district pursuant to this section multiplied by the number of high school pupils transported.END_STATUTE"

Renumber to conform

Page 32, between lines 19 and 20, insert:

"Sec. 10. Section 15-974, Arizona Revised Statutes, is amended to read:

START_STATUTE15-974. Equalization assistance for education for accommodation schools

A. Equalization assistance for education for accommodation schools shall be paid from appropriations for that purpose to the school districts as provided in section 15-973.

B. When an accommodation school has a positive total cash balance at the end of a fiscal year in its maintenance and operation fund, the county school superintendent of the county in which the accommodation school is located may authorize an addition to the accommodation school's revenue control limit as provided in section 15-947, subsection A for the following fiscal year. The county school superintendent may not authorize an addition that exceeds the lesser of the ending cash balance less minus the amount budgeted for the budget balance carryforward as provided in section 15-943.01 or ten per cent percent of the revenue control limit of the accommodation school and five per cent percent of the revenue control limit pursuant to section 15-482, without the necessity of an election pursuant to section 15-481. If an accommodation school has a cash balance in excess of the amount needed to fund the budget balance carryforward and the addition authorized pursuant to this subsection and the items listed in section 15-947, subsection C, paragraph 2, subdivision (e) for the following fiscal year, the remaining cash balance may be used for capital expenditures.

C. Subsection B of this section shall does not apply to an accommodation school with a student count of one hundred twenty-five or less in kindergarten programs and grades one through eight or to an accommodation school which that offers instruction in grades grade nine, ten, eleven or twelve and which that has a student count of one hundred or less in grades nine through twelve.END_STATUTE"

Renumber to conform

Amend title to conform


 

THOMAS SHOPE

 

2124FloorSHOPE.docx

05/23/2022

4:43 PM

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