Inside Collection: Arizona Education Law Review: Gary Emanuel, Northern Arizona University
Summary: Provisions in the above-described statutes and rules that are of special significance to school district administrators are addressed in this handbook with the following exceptions: those requirements which are currently being monitored by any divisions or units of the Arizona Department of Education, such as statutory or Board requirements relating to Special Education and Vocational Education; any requirement addressed in the Uniform System of Financial Records which is monitored by the Auditor General's Office; items of infrequent occurrence, such as statutes regarding changing district boundaries, forming new districts, subdivision of existing districts, annexation and consolidation of districts. State Board rules on school district procurement practices are not included, nor are Chapters 11 through 14 of Title 15 which pertain to the Arizona State School for the Deaf and Blind, colleges, universities, and related institutions. The handbook should be used as a self-assessment instrument. The handbook is designed for use in Educational leadership classes as a part of the requirements for becoming a school administrator. The chief school administrator should utilize the work done by the intern and then appoint a local team to review the provisions of the handbook. Then the superintendent or chief administrator should report the results of the handbook to the local governing Board. This handbook and any other material or follow-up materials for the handbook should be kept on file for the next 2 years. The handbook is formed in compliance chapters that correspond to chapters in A.R.S. Title 15. Accurate determination of self-assessment can only come about through a systematic approach. The best method for such assessment is to have a team of individuals who can approach different sections of the handbook, seek compliance information in the policy manuals of the district, and then compare findings and results. The self-assessment process, to be effective, should generate a plan of action which will contain a description of any deficiencies found, a plan for moving forward, and the time lines for reaching compliance with the statute. Chapter 9 of this book reviews provisions in Arizona Revised Statutes other than Title 15, including Arizona Revised Statutes Title 28 Transportation , Arizona Revised Statutes Title 34 Public Buildings, Arizona Revised Statutes Title 35 Public Finances, Arizona Revised Statutes Title 36 Public Health and Safety, Arizona Revised Statutes and Title 38 Public Officers and Employees.
Does the Governing Board ensure that anyone who operates a school bus transporting school children possesses at least a Class B license and a School Bus Certificate?
[ ] Yes [ ] No
When school crossings are established, do school authorities cause to be placed within the highway portable signs indicating that school is in session, placed not to exceed 300 feet each side of the school crossings, and "Stop When Children In Crosswalk" signs at school crossings, and do school authorities maintain these signs when school is in session and cause them to be removed immediately thereafter? Notwithstanding any other law.
[ ] Yes [ ] No
Does every bus used for the transportation of school children bear upon the front and rear of such bus a plainly visible sign containing the words "School Bus" in letters not less than eight inches in height, and have a signal with the word “stop” printed on both sides in white letters not less than five inches high on a red background. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, are all markings indicating "School Bus" covered or concealed?
Is every bus used for the transportation of school children equipped with a signal with the word "Stop" printed on both sides in white letters not less than five inches high on a red background, and is the signal an 18-inch reflectorized octagon sign manually operated by the operator of the school bus in such manner as to be clearly visible from both front and rear when extended from the left of the body of the bus?
Does the district ensure that operators of school buses display the stop signal and alternately flashing lights if passengers are being received or discharged while the bus is stopped on the roadway?
[ ] Yes [ ] No
Does the district, in order to reduce the interior temperature of a school bus, allow the exterior top of the bus to be painted white? The white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.
[ ] Yes [ ] No
Does the district assure that no school bus shall be operated on a public highway while carrying more than can be properly seated, nor while any person is standing therein, except for the purpose of conducting drills under school regulations and in the emergency evacuation or dispersal of pupils and school personnel?
[ ] Yes [ ] No
Does the district ensure that bus operators do not operate any alternately flashing warning signal light on any school bus except when the school bus is within 100 feet of a stop, or is stopped, on a highway for the purpose of permitting school children to board or alight from it?
[ ] Yes [ ] No
Does the superintendent of the school district ensure that all school buses that are registered by the district are inspected in accordance with the provisions of the section?
[ ] Yes [ ] No
Does the district obtain, for each school bus with a seating capacity of 16 passengers or more, minimum liability coverage in the amount of $5,000,000 and uninsured motorist coverage in the amount of at least $300,000?
Does the district obtain, for each school bus with a seating capacity of less than 16 passengers, minimum liability insurance coverage in the amount of $750,000 and uninsured motorist coverage in the amount of at least $300,000?
[ ] Yes [ ] No
Are all district motor vehicles designated as required by this section?
[ ] Yes [ ] No
Has the Governing Board approved a uniform pattern for use in designating the district's motor vehicles?
[ ] Yes [ ] No
Governing Boards should ensure that architects incorporate these standards when constructing, making additions, alterations or repairs to buildings and facilities pursuant to ARS 34-403.
[ ] Yes [ ] No
Where state school funds are utilized for constructing buildings or facilities for a public common or high school has the Governing Board of the school district assumed the responsibility for enforcement of the above chapter?
[ ] Yes [ ] No
Unless granted a waiver by the Governor, does the Governing Board assure that all buildings which are constructed, enlarged or revised in whole or in part by the use of state funds, or the funds of any county, city, town or school district of the state, shall be planned, designed and constructed so as to afford protection for the public, including at lest the anticipated normal population of such buildings against fallout gamma radiation hazards?
The protected space provided in such buildings shall meet the minimum standards established by the Governor. For a copy of State of Arizona Fallout Shelter Regulations write to:
[ ] Yes [ ] No
Does the governing board procure energy efficient products that are certified by the U.S. Department of Energy as energy star and follow the energy conservation standards for construction of all new capital projects?
[ ] Yes [ ] No
Does the Governing Board ensure that school buildings are designed or constructed according to the State Fire Code adopted by the State Fire Marshal and applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city or town in which the building is located or, if in an unincorporated area, by the county in which the building is located, in the same manner as any other building?
If a public building is built in an area not subject to local codes, does the Governing Board ensure that school buildings are designed or constructed according to the State Fire Code adopted by the State Fire Marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city in the county in which the building is located?
[ ] Yes [ ] No
Does the governing board prescribe standards and rules for the enforcement of the installation of software on all public access computers that will prevent minors from gaining access to material that is harmful to minors?
[ ] Yes [ ] No
If the Board purchases or procures goods and services from a nongovernmental entity on account, does the Board pay the account in full within 30 days after receipt of goods or services and correct notice of amount due or pay interest on the outstanding balance at the rate prescribed in ARS 44-1201 until the account is paid in full, unless a good faith dispute exists as to the Board's obligation to pay all or a portion of the account?
[ ] Yes [ ] No
Has the Governing Board developed signs for each of the schools and posted such at every entrance to ensure that the district is in compliance?
[ ] Yes [ ] No
Does the Governing Board ensure that no one installs any glazing materials other than safety glazing materials in any hazardous location?
[ ] Yes [ ] No
Are the doors of all school houses, public auditoriums and other district public buildings constructed so they may open outward?
Are all screens, bars or other coverings of windows of such buildings constructed so that they may be easily and quickly opened from the inside?
Does the district ensure that no buildings are to be constructed, used or occupied unless the doors and windows are constructed in compliance with the above?
[ ] Yes [ ] No
Does the Governing Board ensure that no one applies lead-based paint to any surface in any area which is readily accessible to children under seven years of age?
[ ] Yes [ ] No
Does the district ensure that no district person having custody of any record, map or book, filed or deposited or placed in the person's hands for any reason, steals, or knowingly and without lawful authority destroys, mutilates, defaces, alters, falsifies, removes, or secretes the whole or any part thereof?
[ ] Yes [ ] No
Are all meetings of the Governing Board public meetings and are all persons so desiring permitted to attend and listen to the deliberations and proceedings?
Except for subcommittees and advisory committees, does the Governing Board provide for the taking of written minutes or a recording of all their meetings, including executive sessions?
Does the Governing Board ensure that such minutes or recordings, except for executive sessions, include, but are not limited to:
Executive Meetings should include:
Except for executive sessions, are the minutes or a recording of all meetings open to public inspection three working days after the meeting?
Does the Governing Board allow all or any part of a public meeting of a public body to be recorded by any person in attendance by means of a tape recorder, camera or other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting?
Does the Governing Board allow an open call to the public during the meeting, subject to reasonable time, place and manner restrictions to address the body on any issue within the jurisdiction of the Board? At the conclusion of the open call, individual members of the public body may respond to criticism made by those who have addressed the body, may ask staff to review a matter or put the matter on a future agenda.
[ ] Yes [ ] No
Does the Governing Board of the school district (1) file a statement with the Clerk of the Board of Supervisors stating where all public notices of their meetings will be posted and (2) give such additional public notice as is reasonable and practicable as to all meetings?
If an executive session will be held, is notice given to the members of the Board, and to the general public, stating the specific provision of law authorizing the executive session?
Is at least 24 hours notice given to the members of the Board and to the general public for any meeting except in the following instances?
In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances.
A meeting may be recessed and resumed with less than 24 hours notice if public notice of the initial session of the meeting is given as required, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given.
If the Governing Board intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, and posts public notice of such meetings at the beginning of such period, do such notices specify the period for which the notice is applicable?
Does the required meeting notice include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda?
Except in the case of an actual emergency, is the agenda available to the public at least 24 hours prior to the meeting?
Does the required meeting agenda list the specific matters to be discussed, considered or decided at the meeting?
If the Governing Board discusses, considers or makes decisions on matters not listed on the agenda, is it only in the case of an actual emergency and providing that a statement setting forth the reasons for such action is publicly announced and placed in the minutes of the meeting?
If the Governing Board is to consider an emergency matter in executive session, is the reason for consideration of the emergency measure announced publicly prior to the executive session?
[ ] Yes [ ] No
Upon a public majority vote of the members constituting a quorum, does the Governing Board hold an executive session only for the following purposes:
When contemplating executive session discussion or consideration and except for salary discussions, does the Governing Board provide the officer, appointee or employee with such notice of the executive session as is appropriate, but not less than 24 hours for the person to determine whether such discussion or consideration should occur at a public meeting?
Are the minutes of or discussions made at executive sessions kept confidential except (1) from members of the Board which met in executive session, (2) from officer, appointees or employees who are the subject of discussion or consideration and, (3) from the Auditor General made in connection with an audit authorized as provided by law and does the Board instruct such persons who are present at the executive session regarding this confidentiality requirement?
Does the Governing Board ensure that no executive session is held for the purpose of taking any legal action involving a final vote or decision?
Does the Governing Board ensure that except for actual emergency measures the Board does not discuss any matter in an executive session which is not described in the notice of the executive session?
[ ] Yes [ ] No
All legal action transacted by the Governing Board during a meeting held in violation of any provision of the open meeting laws is null and void unless ratified. If the Board wishes to ratify legal action taken in violation of the open meeting laws, is it done in accordance with the following requirements?
[ ] Yes [ ] No
Does the Governing Board ensure that there will be no expenditure of public monies to employ or retain legal counsel to provide legal services or representation to the Board or any of its officers in any legal action commenced pursuant to any provisions of this article unless the Board has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness?
Does any Board member or employee who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to the school district make known that interest in the official records of the school district and refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase?
Does any Board member or employee who has, or whose relative has, a substantial interest in any decision of the school district make known such interest in the official records of the district and refrain from participating in any manner as an officer or employee in such decision?
[ ] Yes [ ] No
If the district uses a system of employment on the basis of merit, does it provide that a veteran of the Armed Forces of the United States, separated from active duty under honorable conditions, is eligible to apply for and receive employment under such merit system, regardless of age?
[ ] Yes [ ] No
Does any Board member or employee who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to the school district make known that interest in the official records of the school district and refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase?
[ ] Yes [ ] No
Does the Governing Board ensure that requests for opinion are from either the Attorney General or a County Attorney concerning violations of this Conflict of Interest article are confidential but that the final opinions are a matter of public record?
[ ] Yes [ ] No
If the provisions of ARS 38-503 prevent an appointed public officer or a public employee from acting as required by law in his official capacity, does such public officer or employee notify his superior authority of the conflicting interest?
If the provisions of ARS 38-503 prevent the Governing Board from acting as required by law in its official capacity, is such action allowed to take place if members of the Board who have apparent conflicts make known their substantial interests in the official records of the district?
[ ] Yes [ ] No
Does the school district maintain for public inspection in a special file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to this article?
[ ] Yes [ ] No
Is the district aware that it is a prohibited personnel practice to take reprisal against an employee for disclosure of information of a matter of public concern by the employee to a public body which the employee reasonably believes evidences a violation of any law, mismanagement, a gross waste of monies or an abuse of authority?
Is the district aware that an employee who knowingly commits a prohibited personnel practice shall be ordered by the school district governing board or other appropriate independent personnel board established or authorized pursuant to ARS 38-534 to pay a civil penalty of up to five thousand dollars to the school district maintenance and operation fund and that the employee who committed the prohibited personnel practice, not the school district, shall pay the civil penalty?
Does the district take appropriate disciplinary action, including dismissal, against an employee found to have committed a prohibited personnel practice?
Has the district established an independent personnel board to hear employee complaints of reprisal or has it been determined that the local governing board will hear and decide upon these personnel matters?
In hearing a complaint pursuant to this section, does the governing board make a determination concerning the validity of the complaint and whether a prohibited personnel practice was committed against the employee or former employee as a result of disclosure of information by the employee or former employee?
[ ] Yes [ ] No
Does the Governing Board ensure that employees who work 40 hours or more per week who do not receive either compensation or commensurate time off for legal holidays, do receive for each legal holiday worked, one day additional vacation leave or one day additional compensation for each such legal holiday worked?
[ ] Yes [ ] No
Does the Governing Board ensure that employees of the district are granted leaves of absence from their duties without loss of time, pay or efficiency rating, on all days during which they are employed on training duties under orders with any branch of the Armed Forces of the United States for a period of not to exceed 30 days in any two consecutive years?
Is the period of time spent in training under orders not deducted from the vacation period with pay to which the employee is otherwise entitled?
[ ] Yes [ ] No
With the exception of temporary employees whose employment is for a term of not more than three months and non-certified persons if the district has NOT contracted with the retirement system for them, are all district employees members of the retirement system?
A temporary employee whose employment is for a term of not more than three months may have the option of signing a waiver of membership and no contributions shall be deducted from wages or paid in the employee's behalf by the district for the period of temporary employment. If the employment continues beyond the period of three successive months, is a retirement account established as of the beginning of the next succeeding payroll period following completion of the three-month period?
[ ] Yes [ ] No
Has the Governing Board adopted rules for the officers and employees of the district prescribing the procedures and standards in accordance with ARS 38-759.01 to be followed for the continuation of employment beyond age 70?
[ ] Yes [ ] No
Are contributions of members of the state retirement system required as a condition of employment and made by payroll deductions? (See NOTE at ARS 38-745.)
[ ] Yes [ ] No
Does the district provide evidence of, and certify to, in a manner provided by the State Retirement System Board, the participant's average monthly compensation if such information is not already available from the records of the plan or system?
[ ] Yes [ ] No
Has the Governing Board adopted rules establishing guidelines for a leave of absence which benefits or is in the best interests of the district?
[ ] Yes [ ] No