ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: ED DP 12-0-0-0 | 3rd Read 59-0-1-0-0 Senate: ED DPA/SE 4-3-0-0 | 3rd Read 17-12-1-0

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HB 2067: school facilities oversight board; continuation

NOW: governing boards; records; access

Sponsor: Representative Gress, LD 4

Senate Engrossed

The House engrossed version of HB 2067 continues the School Facilities Oversight Board for two years.

The Senate adopted a strike-everything amendment that does the following:

Overview

Asserts a school district governing board (governing board) member may access all information and records maintained by the school district. Prescribes requirements for a school district administrator, official or records custodian and governing board member regarding a governing board member's request for information and records.

History

Governing boards are tasked with numerous statutory powers, including: 1) prescribing policies that are consistent with State Board of Education (SBE) rules; 2) managing school property; 3) prescribing curricula and criteria for student promotion and graduation; 4) constructing or purchasing school buildings and sites; and 5) using state monies to pay school district expenses. Statute also grants governing boards numerous discretionary powers, including: 1) entering into leases or lease-purchase agreements for school buildings and grounds; 2) reviewing a teacher's decision to promote, retain, pass or fail a student; 3) entering into intergovernmental agreements and contracts with a school district or other governing bodies; 4) entering into voluntary partnerships with any party to finance with non-school district monies; and 5) developing procedures to allow principals to budget for or assist with budgeting federal, state and local monies (A.R.S. §§ 15-341 and 15-342).

Provisions

1. Declares, for the purpose of carrying out official governing board functions and duties, each governing board member may access all information and records maintained by the school district. (Sec. 1)

2. Requires a school district administrator, official or records custodian, on receipt of a governing board member's request for information or records, to provide the requested information or records to the governing board member within 10 business days after receipt of the request. (Sec. 1)

3. Prohibits a school district administrator, official or records custodian, on receipt of a governing board member's request for information or records, from:

a) requiring the governing board member to submit a public records request to obtain the information or records; or

b) considering whether the requested information or records are relevant to any agenda item for an upcoming governing board meeting when reviewing and fulfilling a request. (Sec. 1)

4. Requires a governing board member who receives information or access to records to maintain any confidentiality, privilege or privacy imposed by statute or common law. (Sec. 1)

5. Limits the discussion or sharing of information or records relating to the discipline of a school district employee or student by a governing board member to executive session. (Sec. 1)

6. Clarifies that a governing board member is not prevented from disclosing information or sharing records with a law enforcement agency, a peace officer, the Auditor General or SBE relating to the governing board member's reasonable suspicion of unlawful conduct. (Sec. 1)

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10.                   HB 2067

11. Initials CH/ML    Page 0 Senate Engrossed

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