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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
AMENDED
school
facilities oversight board; continuation
(NOW: governing boards; records; access)
Purpose
Allows each member of a school district governing board (governing board) to access all information and records that are maintained by a school district for the purpose of carrying out the governing board's official functions and duties. Outlines requirements for an administrator, official or records custodian of a school district relating to the provision of information and records to a governing board member.
Background
The right to inspect and review educational records and release or access such records, other information or instructional materials is governed by the federal Family Educational Rights and Privacy Act (FERPA). FERPA requires each educational agency or institution to establish procedures to grant a parent's or eligible student's request for access to educational records and allows school officials to view personally identifiable information from a student's educational records if it is determined there are legitimate educational interests in the information. An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only the educational records in which a legitimate educational interest exists (34 C.F.R. §§ 99.10 and 99.31).
A
governing board must hold a regular meeting at least once each month during the
regular school year and may hold other meetings as often as called. Governing
board business must be conducted at a regular or special meeting. If an action
has been taken and documents approved at a meeting, they may be signed
subsequently by individual governing board members (A.R.S.
§ 15-321).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires an administrator, official or records custodian of a school district to provide the requested information or records to the governing board member no later than 10 business days after the administrator, official or records custodian receives the request.
3. Prohibits an administrator, official or records custodian of a school district from:
a) requiring the governing board member to submit a public records request for the information or records; or
b) considering whether the requested information or records are relevant to any agenda item for an upcoming meeting of the governing board when reviewing and fulfilling a request for information or records.
4. Prohibits a governing board member who receives information and records relating to the discipline or proposed discipline of an employee or student from discussing or sharing the information or records, except in an executive session.
5. Requires each governing board member who receives information or access to records to maintain any confidentiality, privilege or privacy granted or imposed by statute or common law, including any requirements prescribed by FERPA.
6. Specifies that a governing board member is not prohibited from disclosing information or sharing records relating to the governing board member's reasonable suspicion of unlawful conduct with:
a) a law enforcement agency;
b) a peace officer;
c) the Office of the Auditor General; or
d) the State Board of Education.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee:
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole:
1. Requires a school district administrator, official or records custodian to provide a governing board member any requested information and records within 10 business days of the request, rather than requiring specified information to be provided within 7 days of outlined circumstances.
2. Prohibits a governing board member who receives information and records relating to the discipline or proposed discipline of an employee or student from discussing or sharing the information or records, except in an executive session.
3. Removes definition of item.
4. Makes conforming changes.
Governor's Veto Message
The Governor indicates in her veto message that she will not support providing individual governing board members with blanket access to sensitive records without compelling reasons and sufficient guardrails.
Senate Action House Action
ED 3/26/25 DPA/SE 4-3-0 Final Read 5/6/25 32-23-5
3rd Read 4/29/25 17-12-1
Vetoed by the Governor on 5/12/25
Prepared by Senate Research
May 13, 2025
MH/KK/ci