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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
school district buildings; demolition; requirements
Purpose
Authorizes a school district to use district monies to demolish an unsound building without first applying to the Division of School Facilities (Division) until January 1, 2028. Requires a school district governing board (governing board), before the demolition of a school building, to submit notice of proposed demolition and supporting evidence to the Division by December 31, 2026. Outlines requirements and procedures for the Division in objecting to or accepting a proposed demolition.
Background
The Division and School Facilities Oversight Board (SFOB) in the Arizona Department of Administration assess school facility deficiencies and provide capital funding for school districts through grant administration. The Division maintains a database of school facilities that includes all buildings that are owned by school districts. Each school district must annually report information required by the Division for the administration of the Building Renewal Grant Fund and by the SFOB for the computation of New School Facilities Formula distributions (A.R.S. Title 41, Chapter 56, Article 1).
The SFOB must adopt rules establishing minimum school facility adequacy guidelines which provide the minimum quantity of school buildings, facilities and equipment necessary to enable students to achieve academic success. The school facility adequacy standards must address: 1) school sites; 2) classrooms; 3) libraries and media centers; 4) cafeterias; 5) auditoriums, multipurpose rooms or other multiuse space; 6) technology; 7) transportation; 8) facilities for science, arts and physical education; 9) other facilities and equipment necessary to achieve academic standards; and 10) appropriate combinations of facilities or uses (A.R.S. § 41-5711).
A governing board may not take any action that would reduce pupil square footage unless the governing board notifies the SFOB of the proposed action and receives written approval from the SFOB to take the action. A reduction of pupil square footage includes: 1) an increase in administrative space that results in a reduction of pupil square footage; 2) the sale of school sites or buildings; and 3) a reconfiguration of grades that results in a reduction of pupil square footage for any of the grades (A.R.S. § 15-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes a school district to use school district monies to demolish or cause the demolition of an unsound school district building without first applying to the Division.
2. Requires a governing board, before demolishing or causing the demolition of an unsound school building, to submit to the Division notice of proposed demolition and evidence that:
a) the school building has outlived its useful life, has been condemned or is structurally unsound;
b) the school building's demolition will not reduce pupil square footage; and
c) the school building's demolition will not cause the school district to no longer meet the minimum school facility adequacy standards.
3. Allows the Division, within 90 days after receiving notice of proposed demolition and supporting evidence, to object in writing to the proposed demolition if the Division determines that the demolition will:
a) reduce pupil square footage; or
b) cause the school district to no longer meet school facility adequacy standards.
4. Allows the Division to request additional information or records necessary to determine whether to object to the proposed demolition.
5. Declares that the 90-day review period tolls from the date that the Division requests additional information until the date the school district complies with the request.
6. Prohibits a school district from demolishing or causing the demolition of a school district building if the Division objects to the demolition proposal and the school district has not first received written approval from the SFOB.
7. Requires, if the Division does not object to a demolition proposal before the specified 90-day period ends, the Division to:
a) update the database of school facilities to reflect the demolition of the school building; and
b) remove the building's square footage computations from the computation of the school district's square footage.
8. Requires a governing board to submit notice of proposed demolition and supporting evidence to the Division by December 31, 2026.
9. Repeals, on January 1, 2028, the authorization for a school district to demolish or cause demolition of a school building without first applying to the Division.
10. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2024
MH/LB/slp