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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DP 6-5-1-0 |
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HB 2383: school districts; leases; housing development
Sponsor: Representative Gress, LD 4
Caucus & COW
Overview
Narrows the authority of a school district governing board (governing board) to lease school property for a housing development project to projects to construct or provide housing facilities for school employees in rural districts.
History
Statute authorizes a governing board to: 1) enter into leases or lease-purchase agreements for school buildings or grounds, as lessor or lessee, for less than 20 years without voter approval, unless the lease is to construct school buildings, in which case voter approval is required; 2) enter into leases or lease-purchase agreements for school buildings or grounds, as lessor or lessee, for between 20 and 99 years with voter approval, though statute outlines specific conditions in which voter approval is not required; 3) enter into option agreements to purchase school sites; and 4) lease school sites without voter approval if the buildings and sites are totally funded from specified sources (A.R.S. §§ 15-342 and 15-491).
A governing board may also construct or provide housing facilities in rural districts for school employees the governing board determines are necessary to operate the school. Furthermore, a governing board, or the superintendent or chief administrative officer with governing board approval, may establish a permanent teacherage fund, which is comprised of proceeds obtained from the lease of teacherages within the school district. Permanent teacherage fund monies may be used for: 1) the maintenance and operation of teacherages; 2) debt service related to teacherages; and 3) the purchase of houses for use as teacherages for school districts located on Indian and federal lands (A.R.S. §§ 15-342 and 15-1106).
A governing board, or the superintendent or chief administrative officer with governing board approval, may lease school property to any person, group or organization for any lawful purpose in the interest of the community and for a reasonable fee (A.R.S. § 15-1105).
Provisions
1. Stipulates a governing board may lease, or approve the lease, of school property to any person for a housing development project only if the project is in a rural district to construct or provide housing facilities for school employees the governing board determines are necessary to operate the school. (Sec. 1)
2. Specifies the lease limitation does not restrict a school district's authority to:
a. maintain and renovate teacher housing;
b. establish and administer a permanent teacherage fund; or
c. sell school district property to a person for housing development. (Sec. 1)
3. Applies the restriction to any lease executed, renewed or amended after the general effective date. (Sec. 2)
4. Makes technical and conforming changes. (Sec. 1)
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8. Initials CH/JD HB 2383
9. 2/4/2026 Page 0 Caucus & COW
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