A.R.S. tit. 15 ch. 1 — Arizona Revised Statutes Title 15 Chapter 1 — General Provisions

15-101. Definitions In this title, unless the context otherwise requires: 1. "Accommodation school" means either: (a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory that is not included within the boundaries of a school district. (b) A school that provides educational services to homeless children or alternative education programs as provided in section 15-308, subsection B. (c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located. 2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property. 3. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind. 4. "Charter school" means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement. 5. "Child with a disability" means a child with a disability as defined in section 15-761. 6. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998. 7. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998. 8. "Competency" means a demonstrated ability in a skill at a specified performance level. 9. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools. 10. "Course of study" means a list of required and optional subjects to be taught in the schools. 11. "Dual enrollment course" means a college-level course that is conducted on the campus of a high school or on the campus of a career technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents. 12. "Elementary grades" means kindergarten programs and grades one through eight. 13. "Fiscal year" means the year beginning July 1 and ending June 30. 14. "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school. 15. "Lease" means an agreement for conveyance and possession of real or personal property. 16. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes. 17. "Nontest" means not relating to knowledge or skills in reading, writing, mathematics, social studies, science or any other course. 18. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child. 19. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child. 20. "Primary property taxes" means all ad valorem taxes except for secondary property taxes. 21. "Private school" means a nonpublic institution where instruction is imparted. 22. "School" or "public school" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve. 23. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school. 24. "Secondary grades" means grades nine through twelve. 25. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long-term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation. 26. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra. 15-102. Parental involvement in the school; definition A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey. 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials. 3. Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph: (a) Schools without a full-time library media specialist or an equivalent position. (b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D. 4. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion. 5. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula. 6. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula. 7. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school. 8. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: (a) The right to opt in to a sex education curriculum if one is provided by the school district. (b) Open enrollment rights pursuant to section 15-816.01. (c) The right to opt out of assignments pursuant to this section. (d) The right to opt out of immunizations pursuant to section 15-873. (e) The promotion requirements prescribed in section 15-701. (f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01. (g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716. (h) The right to review test results pursuant to section 15-743. (i) The right to participate in gifted programs pursuant to section 15-779.01. (j) The right to access instructional materials pursuant to section 15-730. (k) The right to receive a school report card pursuant to section 15-746. (l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821. (m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722. (n) The right to be excused from school attendance for religious purposes pursuant to section 15-806. (o) Policies related to parental involvement pursuant to this section. (p) The right to seek membership on school councils pursuant to section 15-351. (q) Information about the student accountability information system as prescribed in section 15-1041. (r) The right to access the failing schools tutoring fund pursuant to section 15-241. (s) The right to access all written and electronic records of a school district or school district employee concerning the parent's child pursuant to section 15-143. B. The policy adopted by the governing board pursuant to this section may also include the following components: 1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including: (a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records. (b) The parent's right to inspect the school district policies and curriculum. 2. Efforts to encourage the development of parenting skills. 3. Communicating to parents techniques that are designed to assist the child's learning experience in the home. 4. Efforts to encourage access to community and support services for children and families. 5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children. 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. 7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils. 8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels. 9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. 10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. C. The governing board shall adopt a policy to provide to parents the information required by this section in either an electronic or a printed form. The governing board shall provide to parents a copy of the policy adopted pursuant to this subsection in an annual notice. D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board. E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child. 15-103. School districts; financial mismanagement; intervention; definitions A. The state board of education shall review allegations of school district insolvency and gross mismanagement. The state board shall give the school district an opportunity to respond to these allegations at a public meeting. If the state board determines that the school district is insolvent or has grossly mismanaged its finances, the state board shall appoint a receiver or fiscal crisis team for that school district. B. The state board shall find a school district insolvent if it finds one or more of the following: 1. The school district is unable to pay debts as they fall due or in the usual course of business. 2. The salaries of any teachers or other employees have remained unpaid for forty-five days. 3. The tuition due another school district or other state institution remains unpaid on or after January 1 of the year following the school year it was due and there is no dispute regarding the validity or amount of the claim. 4. The school district has defaulted in payment of its bonds or interest on bonds or in payment of rentals due any state or federal authority or private business for a period of sixty calendar days and no action has been initiated within that period of time to make payment. 5. The school district has contracted for any loan not authorized by law. 6. The school district has accumulated and has operated with a deficit equal to five per cent or more of the school district's revenue control limit for any fiscal year within the past two fiscal years or the conditions prescribed in section 15-107 have occurred. 7. The school district's warrants have not been honored for payment by the school district's servicing bank or by the county treasurer and the warrants have remained unpaid for a period of more than sixty calendar days. C. A school district shall not be deemed to be insolvent pursuant to subsection B of this section if the circumstances are the result of the failure of the state to make any payments of monies due the school district at the time payment is due. D. The state board of education shall have jurisdiction over all petitions requesting that a school district be placed in receivership and a receiver be appointed or that a fiscal crisis team be appointed because of the school district's alleged insolvency or gross mismanagement. The state board shall have the burden of demonstrating by a preponderance of the evidence that the school district is insolvent or is engaged in gross mismanagement. E. If the state board of education finds that the school district is insolvent or has engaged in gross mismanagement, the state board may place the school district in receivership and appoint a receiver recommended by the state board. The state board shall develop and adopt a list of qualified receivers to be appointed by the board. F. On appointment, the receiver may perform any of the actions prescribed in paragraphs 1 through 11 of this subsection and shall begin a full review and investigation of the school district's financial affairs and submit to the state board of education a detailed report listing the findings of that investigation that shall include a financial improvement plan and budget that details how the school district will eliminate any continued gross financial mismanagement and achieve financial solvency. The plan shall include a proposed timeline for achieving financial solvency. The receiver shall submit the report within one hundred twenty days after the receiver's appointment. The financial improvement plan approved by the state board of education may authorize the receiver to do any of the following: 1. Override any decisions of the school district's governing board or the school district superintendent, or both, concerning the management and operation of the school district, and initiate and make decisions concerning the management and operation of the school district. 2. Attend any and all meetings of the school district's governing board and administrative staff. 3. Supervise the day-to-day activities of the school district's staff, including reassigning the duties and responsibilities of personnel in a manner that, in the determination of the receiver, best suits the needs of the school district. 4. Place on extended leave, suspend or terminate for cause the school district's superintendent or chief financial officer, or both. The receiver is not authorized to provide a severance or buyout package to the school district's superintendent or chief financial officer if the school district is placed into receivership by the state board of education. A person terminated pursuant to this paragraph may appeal the receiver's decision to the state board of education if an appeal is filed with the state board within thirty days of receiving notice of the termination. 5. Authorize pupils to transfer from schools operated by the school district to schools operated by another school district that is not currently in receivership. 6. Appoint a chief educational officer who shall possess the powers and duties of a school district superintendent. A chief educational officer who is appointed pursuant to this paragraph shall hold a valid administrative certificate. 7. Appoint a chief fiscal officer who shall possess the powers and duties of the school district's chief school business official and any other duties regarding budgeting, accounting and other financial matters that are assigned to the school district by law. 8. Appoint a competent independent public accountant to audit the accounts of the school district. 9. Reorganize the school district's financial accounts, management and budgetary systems to improve financial responsibility and reduce financial inefficiency within the district. 10. Establish school district fiscal guidelines and a system of internal controls, including internal administrative controls and internal accounting controls, with provisions for internal audits. 11. Cancel or renegotiate any contract, other than contracts of certificated teachers who have been employed by the school district in the capacity of a certificated teacher for more than one year immediately before the date the receiver was appointed, to which the governing board or the school district is a party if the cancellation or renegotiation of the contract will produce needed economies in the operation of the district's schools. The receiver may refuse to reemploy any certificated teacher who has not been employed by the school district for more than the major portion of three consecutive school years as provided in section 15-536. G. The receiver's power, authority and duties shall be effective on the date of the receiver's appointment by the state board of education. The receiver shall perform the receiver's duties according to the instructions of the state board of education order and according to law. The receiver shall promptly report any violations of law, including a violation of the uniform system of financial records, to the state board of education. H. On review and approval of the state board of education, the receiver shall take all necessary steps to implement the financial improvement plan and budget utilizing those powers identified in the plan as prescribed in subsection F of this section. I. The salary and benefits of the receiver and any officers or employees appointed by the receiver shall be paid by the school district. The state board of education shall determine the salary for the receiver and any officers or employees appointed by the receiver based on amounts recommended by the state board. J. The state board of education shall remove the school district from receivership and dismiss the receiver and dismiss any officer or employee appointed by the receiver thirty days after all of the following have occurred: 1. The auditor general certifies that the school district has been financially solvent for one fiscal year. 2. The auditor general certifies that the school district's financial records are in compliance with the uniform system of financial records and generally accepted accounting principles. 3. The receiver certifies that the school district is no longer engaged in gross mismanagement. 4. The state board of education has determined that the school district is able to pay its debts as those debts become due. K. Beginning ninety days after the submission of the first report prescribed in subsection F of this section, the receiver shall submit a quarterly progress report to the state board of education. The state board of education shall review the expenses and costs of the receiver at least once each calendar quarter. L. The state board of education shall formally review the receiver's progress every six months. If, based on the quarterly progress reports, the state board determines that the receiver's progress is insufficient, the state board may remove the current receiver and appoint another receiver for the school district. M. The state board of education may dismiss the receiver for cause or on a majority vote of no confidence in the receiver of the state board. N. The school district shall indemnify the receiver and any officer or employee appointed by the receiver who is made or threatened to be made a party to any litigation by reason of their status under this section if the receiver, officer or employee acted in good faith and in a manner that the receiver, officer or employee reasonably believed to be consistent with the best interest of the school district and if the receiver, officer or employee had no reasonable cause to believe that the conduct was unlawful. O. During the period of time that the school district is in receivership, no member, officer, employee or agent of the school district may enter into any contract or incur any liability on behalf of the school district for any purpose if the amount of the contract or liability exceeds the receiver's authorized financial plan and budget for the school district. The receiver may discipline, including, if warranted, imposing a suspension from duty without pay, removal from office or termination of, any school district employee or officer who violates this subsection. P. This section does not create a private cause of action against the school district or its officers, directors, board members or employees. Q. The assumption of control of the school district by the receiver shall in no way interfere with the election or reelection of school district governing board members. R. This section shall not interfere with a school district's ability to declare bankruptcy under federal law. S. The state board of education shall continue to monitor and offer technical assistance to a school district for two years after its removal from receivership. T. All information received and records or reports kept by the state board of education during an investigation resulting from a complaint against a receiver appointed pursuant to this section or section 15-107 are confidential and not a public record. U. The state board of education or the department of education shall immediately notify the auditor general if the board or department has knowledge that a superintendent or chief financial officer who was employed at the school district at the time the school district was placed in receivership is currently employed in another school district or charter school in this state. V. Notwithstanding any other law, a fiscal crisis team appointed pursuant to this section shall be subject to section 15-107, subsections E through H and a school district that is assigned a level two fiscal crisis team pursuant to this section shall be subject to section 15-107, subsections J, K and L. W. For the purposes of this section: 1. "Fiscal crisis team" means either: (a) A level one fiscal crisis team with the duties and authority prescribed in section 15-107, subsection D, paragraph 2. (b) A level two fiscal crisis team with the duties and authority prescribed in section 15-107, subsection D, paragraph 3. 2. "Gross mismanagement" means that the school district's officers or employees committed or engaged in gross incompetence or systemic and egregious mismanagement of the school district's finances or financial records. 3. "Notice" means written notice personally served or delivered by certified mail, return receipt requested. 4. "Receiver" means an individual appointed by the state board of education from the persons recommended by the state board for the purpose of managing a school district placed in receivership by the state board of education. 5. "Receivership" means the state or condition of being under the control of the receiver appointed by the state board of education. 6. "Superintendent" means the chief executive officer of the school district. 15-104. Mental health screening; consent; form; exemption A. Before it conducts a mental health screening on any pupil, defined as a survey, analysis or evaluation created by a governmental or private third party pursuant to the protection of pupil rights amendment (20 United States Code section 1232h; 34 Code of Federal Regulations part 98), a school district or charter school must have obtained the written consent of the pupil's parent or legal guardian. The written consent must satisfy all of the following requirements: 1. Contain language that clearly explains the nature of the screening program and when and where the screening will take place. 2. Be signed by the pupil's parent or legal guardian. 3. Provide notice that a copy of the actual survey, analysis or evaluation questions to be asked of the student is available for inspection upon request by the parent or legal guardian. B. The chemical abuse and related gang activity survey conducted by the Arizona criminal justice commission pursuant to section 41-2416 is exempt from the provisions of this section if the survey does not include questions related to depression or religiosity. 15-105. Use of restraint and seclusion techniques; requirements; definitions A. A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply: 1. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others. 2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm. B. If a restraint or seclusion technique is used on a pupil: 1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use. 2. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others. 3. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel. 4. The restraint technique employed may not impede the pupil's ability to breathe. 5. The restraint technique may not be out of proportion to the pupil's age or physical condition. C. Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil. D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements: 1. School personnel shall provide the pupil's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident. 2. Within a reasonable time following the incident, school personnel shall provide the pupil's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use. 3. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment. E. If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under subsection D of this section. Notwithstanding this section, school resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency. F. This section does not prohibit schools from adopting policies pursuant to section 15-843, subsection B, paragraph 3. G. For the purposes of this section: 1. "Restraint" means any method or device that immobilizes or reduces the ability of a pupil to move the pupil's torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following: (a) Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed. (b) The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location. (c) The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil. (d) Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person. 2. "School" means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona state schools for the deaf and the blind and a private school. 3. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming. 15-106. Identity verified fingerprints An applicant who applies for a new teaching certificate in order to teach in a school district, a participant in field experience or student teaching in this state, an applicant who applies for a renewal of an existing teaching certificate in order to continue teaching in a school district, an applicant who is required for the first time to be fingerprinted in order to teach in a charter school and an applicant who is required to renew fingerprints in order to continue teaching in a charter school pursuant to section 15-183, an applicant who is required to be fingerprinted pursuant to section 15-512 and any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall submit for an identity verified fingerprint card that will be used by the department of public safety to process the fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 as follows: 1. The applicant shall submit a request for an application packet from the department of public safety. 2. The application packet shall be contained in an envelope specified by the department of public safety and shall include the following: (a) A blank applicant fingerprint card. (b) An application for a fingerprint clearance card. (c) Instructions for the return of the application packet. 3. A school district or charter school may contract for fingerprinting services through an entity or entities and shall provide a copy of the instructions to the entity or entities as provided by the department of public safety regarding the submission of identity verified fingerprints. If a school district or charter school elects to provide fingerprinting services, the school district or charter school shall authorize an individual employed by the school district or charter school to administer the services. 4. The department of public safety shall provide instructions to law enforcement agencies and public schools regarding the submission of identity verified fingerprints. The department of public safety shall reject the application for a fingerprint clearance card if the application is not correct or is not submitted according to the instructions provided by the department of public safety. 5. The applicant, at the time that identity verified fingerprints are taken, shall provide the law enforcement agency, school district, charter school or other entity with a completed application form for a fingerprint clearance card, the fingerprint card with the requisite demographic information and the required fee in the form of a money order or cashier's check made out to the department of public safety. The law enforcement agency, school district, charter school or other entity shall verify the identity of the applicant through recognized means of photographic identification and a comparison of the demographic information on the photographic identification against the demographic information on the application form and the fingerprint card. The authorized person taking the fingerprints shall enter on the application form a description of the photographic identification presented by the applicant. The law enforcement agency, school district, charter school or other entity shall place the completed fingerprint card, the completed application form or any other form required by the department of public safety and the fee provided by the applicant in the postage prepaid envelope provided by the department of public safety and mail it to the fingerprinting division in the department of public safety. A law enforcement agency, school district, charter school or other entity may charge the applicant a reasonable fee for services provided pursuant to this section. 6. Fingerprints submitted electronically or through an internet-based system pursuant to section 41-1758.01 shall include a completed application for a fingerprint clearance card, the requisite applicant demographic information and the required fee, and shall be identity verified in accordance with instructions provided by the department of public safety. The department shall reject the application for a fingerprint clearance card if the application is not correct or is not submitted according to the department's instructions. The entity or entities contracted by the department shall comply with: (a) All information privacy and security measures and submission standards established by the department. (b) The information technology security policy approved by the department. 7. The department of public safety shall process the application packet in the same manner prescribed for fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1. 8. The department of public safety shall provide for digital storage and retrieval of identity verified fingerprints taken pursuant to this section. The fingerprints taken pursuant to this section shall be digitally designated in the fingerprint archive as identity verified fingerprint records. 9. A person who has a set of identity verified fingerprints on file with the department of public safety pursuant to this section shall not be required to submit a new set of fingerprints to the department of public safety to renew the person's fingerprint clearance card. On receipt of the required application form and fee for a renewal fingerprint clearance card from a person required to submit identity verified fingerprints, the department of public safety shall attempt to use the electronic copy of the applicant's identity verified fingerprints that are retained pursuant to this section to conduct the state and national criminal records checks. The department of public safety may require the applicant to submit a new set of identity verified fingerprints if the department of public safety determines that the original fingerprints submitted have been lost or damaged or are found to be otherwise of insufficient quality to conduct a valid technical fingerprint search either by the department of public safety or the federal bureau of investigation. 10. A person who participates in a teacher preparation program that is approved by the state board of education and who does not participate in field experience or student teaching in this state shall not be required to obtain a fingerprint clearance card pursuant to this section. 15-107. School district overexpenditures; fiscal crisis teams; quarterly progress reports; fiscal management report; annual report; actions resulting from overexpenditures; professional development; definition A. A county school superintendent, within two business days, shall provide written notice to the department of education, if, in the county school superintendent's judgment, a school district has committed an overexpenditure under this section. If the department of education, without prior notification from a county school superintendent, determines pursuant to section 15-905, subsection L that a school district's expenditures exceed the school district's general budget limit or unrestricted capital budget limit, or both, the department shall notify the county school superintendent of the county in which the school district is located and take any actions required by this section. Notwithstanding any other law, a warrant shall not be drawn by a county school superintendent for an expenditure that is in excess of the amount budgeted and that has not been previously expended, unless the county school superintendent is notified in writing by the department of education that budget capacity exists as determined by the department based on information provided by the school district. B. The department of education, in conjunction with the county school superintendent, shall monitor the school district and provide technical assistance to the school district and to the county school superintendent to resolve the overexpenditure. C. If the department of education determines that the school district has failed to take appropriate action to resolve the overexpenditure or that the original notice of overexpenditure pursuant to subsection A of this section constitutes an overexpenditure that will cause the school district's overall expenditures to exceed the school district's general budget limit or unrestricted capital budget limit by $50,000 or one-half of one percent, whichever is less, the department shall request that the matter be placed on the agenda of a meeting of the state board of education for action pursuant to this section. D. At the request of the department of education, the state board of education shall call a public meeting to consider overexpenditures by any school district. The state board of education shall require the superintendent of the school district and any other school district personnel who may have information relevant to the overexpenditure to appear before the state board of education. After testimony from all interested parties, the state board of education shall take one of the following actions: 1. Require the department of education, in conjunction with the county school superintendent, to monitor the expenditures of the school district. 2. Direct the department of education to contract with a level one fiscal crisis team. The level one fiscal crisis team shall provide on-site oversight and off-site monitoring for the school district for not longer than twelve months and shall advise the school district on all financial issues and professional development training related to financial issues. 3. Direct the department of education to contract with a level two fiscal crisis team. The level two fiscal crisis team shall provide on-site oversight and off-site monitoring for the school district for not longer than twenty-four months, shall have the authority prescribed for level one fiscal crisis teams and may override any financial act or decision of the school district, including expenditures. 4. Appoint a receiver who, subject to the discretion of the state board of education, may take any actions prescribed in section 15-103, subsection F. E. The level one and level two fiscal crisis teams shall be composed of at least one person who has knowledge of school finance and may include current or former school district financial officers, current or former school district business managers, certified public accountants and current or former school district superintendents. The fiscal crisis teams shall not include employees of the state board of education or the department of education. F. The expenses incurred by a fiscal crisis team or by a receiver appointed pursuant to this section shall be paid by the school district. The state board of education shall review the expenses and costs of each fiscal crisis team at least once each calendar quarter. G. Beginning ninety days after submitting the fiscal management report prescribed in subsection H of this section, the fiscal crisis team or receiver appointed pursuant to this section shall submit a detailed written quarterly progress report to the state board of education that includes all of the following: 1. The results of the review of the school district's finances, including expenditures. 2. The recommendations and decisions made by the fiscal crisis team or the receiver appointed pursuant to this section. 3. The status of the fiscal management plan described pursuant to subsection H of this section. 4. Recommendations to the state board of education on the content of professional development training related to overexpenditures. 5. Any recommendations of potential action to be taken concerning professional certificates issued to school district personnel by the state board of education or the department of education. The state board of education shall review the recommendations submitted pursuant to this paragraph and shall take appropriate action. H. After appointment, the fiscal crisis team or the receiver appointed pursuant to this section shall review the financial affairs of the school district and may work with school finance personnel at the department of education to ensure that the finances of the school district are in compliance with the laws of this state. A school district that has been assigned a fiscal crisis team or a receiver pursuant to this section shall submit, in consultation with the receiver or the fiscal crisis team, a fiscal management report to the state board of education within one hundred twenty days after the date that the state board of education appointed the receiver or the fiscal crisis team. The fiscal management report shall include the following: 1. A description of the fiscal management plan that has been implemented to correct the overexpenditure, including the following: (a) The manner in which the fiscal management plan will address the findings and recommendations of the fiscal crisis team. (b) A timeline for complete resolution of the overexpenditure. (c) A detailed explanation of the methods and procedures that will be implemented to prevent future overexpenditures. (d) The identification of any issues that need to be resolved before the fiscal management plan may be fully implemented. (e) The identification of any long-term issues resulting from the overexpenditure that will extend to future fiscal years. 2. A description of the manner in which the fiscal management plan was developed, including identification of the role of the fiscal crisis team or the receiver, the role of the school district governing board and the role of the administrators of the school district. I. On or before December 31, the state board of education shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives. The state board shall provide a copy of this report to the secretary of state. The annual report shall include the following: 1. A summarized compilation of the fiscal management reports submitted by school districts pursuant to subsection H of this section. 2. The actions taken by the state board of education, the department of education, school districts, fiscal crisis teams and receivers during the most recently completed fiscal year. 3. Recommendations regarding improvements to the laws of this state or to administrative actions required under the laws of this state. J. A school district that is assigned a level two fiscal crisis team or a receiver pursuant to this section shall require professional development training for school district governing board members and appropriate administrative personnel of the school district, including the school district superintendent, who are involved in district finances and budgeting, as determined by the level two fiscal crisis team or by the receiver. The professional development training shall be selected from a list approved by the state board of education, and the cost of the professional development training shall be paid by the school district. Governing board members and district administrative personnel shall complete at least twelve hours of professional development training within one hundred twenty days after the assignment of a level two fiscal crisis team or the appointment of a receiver. The fiscal crisis team or the receiver shall report to the state board of education whether the professional development training requirements prescribed in this subsection have been met. K. A school district governing board member who fails to complete the professional development training within the time prescribed in subsection J of this section is guilty of nonfeasance in office, and the state board of education shall forward a complaint to the attorney general. The attorney general may bring an action in superior court against a school district governing board member for failure to comply with the professional development training requirements prescribed in subsection J of this section. If a court determines that a school district governing board member failed to comply with the professional development training requirements prescribed in subsection J of this section, the court shall issue an order removing the school district governing board member from office. Any vacancy in the office of the school district governing board as a result of a court order issued pursuant to this subsection shall be filled in the manner provided by law. L. If any of the administrative personnel of the school district fails to complete the professional development training within the time prescribed in subsection J of this section, the state board of education may take appropriate action concerning current certificates held by that person. M. All information received and records or reports kept by the state board of education during an investigation resulting from a complaint against a receiver appointed pursuant to this section or section 15-103 are confidential and not a public record. N. For the purposes of this section, "overexpenditure" means an expenditure that exceeds any of the following: 1. The general budget limit of the school district or the amount budgeted by the school district, whichever is less. 2. The unrestricted capital budget limit of the school district or the amount budgeted for capital by the school district, whichever is less. 15-108. Medical marijuana; school campuses; prohibition; definition (Subsection A was added with a 1998 Prop. 105 clause pursuant to L12, Ch. 159) A. In addition to the limitations prescribed in section 36-2802, subsection B, a person, including a cardholder as defined in section 36-2801, may not lawfully possess or use marijuana on the campus of any public university, college, community college or postsecondary educational institution. This subsection does not prohibit medical research projects involving marijuana that are conducted on the campus of any public university, college, community college or postsecondary institution as authorized by applicable federal approvals, which may include the United States food and drug administration, the United States drug enforcement administration and the national institutes on drug abuse, and on approval of any applicable university institutional review board. B. A person may not lawfully possess or use marijuana on the campus of any high school, junior high school, middle school, common school or preschool in this state. 15-109. Biometric information; prohibition; definition A. A school in a school district or a charter school shall not collect biometric information from a pupil unless the pupil's parent or guardian gives written permission to collect biometric information from the pupil. B. At least thirty days before a school in a school district or charter school will collect biometric information, the school shall provide written notice to the parents and guardians of pupils of the intent to collect biometric information. The notice shall include a statement in eighteen point bold-faced capital letters that the parent or guardian must give written permission to collect biometric information from the pupil before the school may collect biometric information. C. For the purposes of this section, "collect biometric information" means the noninvasive electronic measurement and evaluation of any physical characteristics that are attributable to a single person, including fingerprint characteristics, eye characteristics, hand characteristics, vocal characteristics, facial characteristics and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty. 15-110. Rights of students at public educational institutions; limitations; definition A. A public educational institution shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. B. If an assignment requires a student's viewpoint to be expressed in coursework, artwork or other written or oral assignments, a public educational institution shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment. C. Students in public educational institutions may pray or engage in religious activities or religious expression before, during and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. D. Students in public educational institutions may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted. E. This section shall not be construed to authorize this state or any of its political subdivisions to do either of the following: 1. Require any person to participate in prayer or in any other religious activity. 2. Violate the constitutional rights of any person. F. This section shall not be construed to limit the authority of any public educational institution to do any of the following: 1. Maintain order and discipline on the campus of the public educational institution in a content and viewpoint neutral manner. 2. Protect the safety of students, employees and visitors of the public educational institution. 3. Adopt and enforce policies and procedures regarding student speech at school provided that the policies and procedures do not violate the rights of students as guaranteed by the United States and Arizona constitutions and laws. 4. Adopt and enforce policies and procedures that prohibit students from wearing any type of clothing, accessories and jewelry that is worn with the intent to convey affiliation with a criminal street gang as defined in section 13-105. G. A student or a student's parent shall not initiate legal action to enforce this section unless the student or the student's parent has done the following: 1. The student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation to the principal of the school. The principal shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within fifteen days of receiving the written complaint. 2. If the action taken by the principal of the school does not resolve the complaint of the student or the student's parent, the student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation to the superintendent or designated administrator. The superintendent or designated administrator shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within twenty-five days of receiving the written complaint. 3. If the action taken by the superintendent or designated administrator does not resolve the complaint of the student or the student's parent, the student or the student's parent may pursue legal action to enforce this section. H. For the purposes of this section, "public educational institution" means any of the following: 1. A school district, including its schools. 2. A charter school. 3. An accommodation school. 4. The Arizona state schools for the deaf and the blind. 15-111. Declaration of policy The legislature finds and declares that public school pupils should be taught to treat and value each other as individuals and not be taught to resent or hate other races or classes of people. 15-112. Prohibited courses and classes; enforcement A. A school district or charter school in this state shall not include in its program of instruction any courses or classes that include any of the following: 1. Promote the overthrow of the United States government. 2. Promote resentment toward a race or class of people. 3. Are designed primarily for pupils of a particular ethnic group. 4. Advocate ethnic solidarity instead of the treatment of pupils as individuals. B. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of subsection A, the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with subsection A, the department of education shall restore the full amount of state aid payments to the school district or charter school. C. The department of education shall pay for all expenses of a hearing conducted pursuant to this section. D. Actions taken under this section are subject to appeal pursuant to title 41, chapter 6, article 10. E. This section shall not be construed to restrict or prohibit: 1. Courses or classes for Native American pupils that are required to comply with federal law. 2. The grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity. 3. Courses or classes that include the history of any ethnic group and that are open to all students, unless the course or class violates subsection A. 4. Courses or classes that include the discussion of controversial aspects of history. F. Nothing in this section shall be construed to restrict or prohibit the instruction of the holocaust, any other instance of genocide, or the historical oppression of a particular group of people based on ethnicity, race, or class. 15-113. Rights of parents; public educational institutions; definitions A. A parent of a student in a public educational institution has the right to review learning materials and activities in advance. A parent who objects to any learning material or activity on the basis that the material or activity is harmful may request to withdraw that parent's student from the activity or from the class or program in which the material is used and request an alternative assignment. B. A charter school may require parents to waive the right to object to learning materials or activities pursuant to subsection A of this section as a condition of enrollment if the charter school provides a complete list of books and materials to be used each school year before the student enrolls. If the charter school introduces books or materials that were not disclosed prior to enrollment, the parent retains the right to object to those materials pursuant to subsection A of this section. C. A charter school may require that any request to review learning materials or activities or to withdraw the student from learning materials or activities pursuant to subsection A of this section be made in writing. D. A public educational institution shall obtain signed, written consent from a student's parent or guardian before doing either of the following: 1. Using video, audio or electronic