A.R.S. tit. 15 ch. 12 — Arizona Revised Statutes Title 15 Chapter 12 — Community Colleges

15-1401. Definitions In this chapter, unless the context otherwise requires: 1. "Accredited" means accredited by a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation. 2. "Additional short-term classes" means those classes that are not in session on the forty-fifth day of the fall or spring semester, that commence at various times during the fiscal year and that are offered over a period of less than sixteen weeks. 3. "Budget year" means the fiscal year for which the community college district is budgeting and that immediately follows the current year. 4. "Community college" means an educational institution that is operated by a district board and that provides a program of not more than four years' training in the arts, sciences and humanities beyond the twelfth grade of the public or private high school course of study or vocational education, including terminal courses of a technical and vocational nature and basic adult education courses. 5. "Community college tuition financing district" means a district that is organized pursuant to section 15-1409. 6. "Current year" means the fiscal year in which the community college district is operating. 7. "District" means a community college district that is established pursuant to sections 15-1402 and 15-1403 or section 15-1402.01 and that is a political subdivision of this state and, unless otherwise specified, includes community college tuition financing districts established pursuant to section 15-1409. 8. "District board" means the community college district governing board. 9. "Full-time equivalent student" means student enrollment for fifteen community college semester credit units per semester. 10. "Open entry, open exit classes" means those classes in which students enter or exit based on mastery of specified competencies and that commence at various times during the fiscal year. 11. "Operational expense budget" means the budget as adopted by the district board pursuant to section 15-1461. 12. "Operational expenses" means the administration, instruction, operation of community college plant, maintenance of community college plant, fixed charges and contingencies incurred in the operation of a district, excluding all capital outlay items, special levies, auxiliary enterprise funds, restricted funds and bond service items. 13. "Provisional community college district" means a community college district that was organized pursuant to section 15-1409 and that began operations before January 1, 2015. 15-1402. Community college districts; requirements; exception A. Community college districts may be organized under this chapter for a single county, two or more contiguous counties or an existing community college district and contiguous counties not part of any community college district if the proposed district has a net assessed valuation, based on the valuation for the preceding year, of at least four hundred forty-eight million seventeen thousand two hundred dollars and a minimum population of forty thousand persons who are fifteen or more years of age, as determined by the most recent federal census. B. Beginning with fiscal year 1993-1994, the minimum net assessed valuation required to organize a community college district as provided in subsection A of this section increases each year by the percentage change in total net assessed valuation for all of the districts that are organized pursuant to this section with a population of less than five hundred thousand persons according to the most recent United States decennial census using actual net assessed valuation numbers from the prior two years. C. The requirements of this section do not apply to community college districts organized pursuant to section 15-1402.01. 15-1402.01. Alternative organization for community college districts; definition A. A county that does not meet the requirements prescribed in section 15-1402 may organize a community college district under this chapter if all of the following requirements are met: 1. A provisional community college district that began operations before January 1, 2015 has been in operation in that county for at least five years immediately before the formation of the proposed community college district pursuant to this section. 2. The most recent number of full-time equivalent student enrollment calculated pursuant to section 15-1466.01 for the provisional community college district is at least four hundred fifty. 3. The proposed community college district is actively seeking accreditation from a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation. 4. A member of the public requests, or the governing board schedules, public meetings to discuss and hear testimony on converting the provisional community college district to an independent community college district. 5. At the next regularly scheduled meeting after the meeting prescribed in paragraph 4 of this subsection, the governing board of the provisional community college district adopts a resolution to form a community college district pursuant to this section. 6. Notwithstanding section 42-17056, after the governing board of the provisional community college district adopts a resolution pursuant to paragraph 5 of this subsection, the governing board may call an election on a general election date of the board's choice to seek voter approval to increase the primary property tax levy for the provisional community college district. If a majority of the qualified electors voting: (a) Approve the proposed levy amount, the levy applicable for the district for the next tax year shall not exceed the approved amount and the governing board shall not seek voter approval to increase the primary property tax levy in any subsequent year. (b) Disapprove the proposed levy amount, the district shall levy a primary property tax based on the previously authorized levy. 7. The provisional community college district has maintained a regional accreditation and oversight relationship with another postsecondary institution until the conversion of the provisional community college district to an independent community college district. B. A community college district established pursuant to this section shall maintain a regional accreditation and oversight relationship with another postsecondary institution until the district achieves initial candidacy status from a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation. C. For the purposes of this section, "postsecondary institution" means any of the following: 1. An accredited community college district that is organized pursuant to this chapter. 2. A university under the jurisdiction of the Arizona board of regents. 3. A community college in this state that is owned, operated or chartered by a qualifying Indian tribe on its own Indian reservation. 15-1403. Procedure to form a district; exception A. For the purpose of forming a district, not less than ten per cent of the qualified electors in the territory included in the proposed district, or where a district consists of more than one county not less than ten per cent of the qualified electors in each county, shall petition the county school superintendent for the establishment of the district. Where a district consists of more than one county, the signatures of the qualified electors on the petition shall be submitted to the county school superintendent of the county of which the qualified electors are residents, provided that the county school superintendent of the county with the larger population, as determined by the most recent federal census, shall be the custodian of the completed petition. The petition shall set forth the name of the proposed district and its boundaries. The county school superintendent shall verify the signatures thereon, provided that whenever a proposed district consists of more than one county the county school superintendent of the county with the least population shall verify the signatures on the petition from that county prior to submitting the petition to the county school superintendent of the county with the larger population. B. The county school superintendent who is the custodian of the completed petition shall transmit the petition to the county board of supervisors, or if the district consists of more than one county, to the county board of supervisors of the county with the largest population, which shall determine whether the proposed district meets the minimum standards of assessed valuation and population as provided in section 15-1402. C. If the county board of supervisors determines that the proposed district meets the minimum standards of assessed valuation and population prescribed in subsection B of this section, the county, or counties, shall call and conduct an election, as prescribed in this article. If the majority of the votes cast in the proposed district, consisting of one county, favor the formation of the district, such a district is deemed to be formed, as provided in section 15-1404. Where the proposed district consists of more than one county, there shall be a majority of the votes cast in each county favoring the formation of the district before the district is deemed to be formed, as provided in section 15-1404. D. This section does not apply to community college districts organized pursuant to section 15-1402.01. 15-1404. Election to determine formation of district; notice; canvass A. Upon approval of the proposed district, the county board of supervisors shall return the petition with its approval to the county school superintendent, or if the proposed district consists of more than one county, to the county school superintendent of the county with the larger population, as determined by the most recent federal census. The county school superintendent shall transmit notification of approval for formation of the proposed district to the board of supervisors which shall submit the question to the qualified electors of the county at the next general election or at a special election called for that purpose. If a special election is called, notice thereof shall be given by publication for at least two weeks in a newspaper of general circulation published in the county or counties of the proposed district. The election shall be conducted and returns shall be made in the manner provided by law for special elections. B. A special election conducted pursuant to this section shall be held on a date prescribed by section 16-204. 15-1405. Presentation of plan to legislature by county board of supervisors The county board of supervisors shall present a plan to the legislature for formation and establishment of a community college district no later than January 15 subsequent to the election held as provided in section 15-1404. 15-1406. District board members and employees; compensation; payment of expenses for employment candidates A. Sections 38-608, 38-609, 38-610 and 38-613 relating to all public officers and employees apply to district board members and district officers and employees. Except as otherwise provided in subsection B, the other provisions of title 38, chapter 4 relating to public officers and employees of this state do not apply to district board members or district officers or employees. B. The district board may permit a member, member-elect, officer or employee to travel within or without the state for a community college district purpose and receive reimbursement for lodging and subsistence and transportation expenses according to the procedures and amounts established by the district board as long as the reimbursement rates do not exceed the maximum amounts established pursuant to section 38-623 and section 38-624, subsection C. C. The district board may pay for the traveling, lodging and other travel related expenses of candidates for employment with the district according to the policies and procedures established by the district board. 15-1407. Formation of new district by subdivision of existing district; division of assets A. If two or more contiguous counties have formed a community college district, a new district may be formed in one or more of the counties by dissolution of the existing district if each county in which a new district is formed meets the requirements prescribed in section 15-1402. Except as provided in this section, the procedures for dissolution of the district shall be as prescribed in section 15-1403 for the formation of a district in more than one county. B. The election shall be held as provided in section 15-1404, except that a majority of the qualified electors in each of the counties in the existing district must approve the dissolution of the existing district and the formation of the new district. C. If a county is within a community college district that is dissolved pursuant to this section and the county does not meet the requirements of section 15-1402 or 15-1402.01, the county is no longer part of an established community college district. D. The district board of the existing district shall prepare a projected list of assets for the existing district before the end of the fiscal year in which the election is held. The district boards of the existing district and the new district shall prepare a final statement of assets for the existing district as of the end of the fiscal year in which the election was held. The district boards of the existing district and the new district shall set aside sufficient assets or provide other means to satisfy the liabilities of the existing district and approve the final division of all assets by September 15 of the year in which the new district becomes operative. 15-1408. Use of community college district resources or employees to influence elections; prohibition; civil penalty; definitions A. A person acting on behalf of a community college district or a person who aids another person acting on behalf of a community college district shall not spend or use community college district, resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the community college district, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a community college district may distribute informational pamphlets on a proposed bond election as provided in section 35-454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a community college district from reporting on official actions of the governing board. B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of community college district-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine community college district communications. C. This section does not prohibit the use of community college resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a community college district facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate. D. Employees of a community college district may not use the authority of their positions to influence the vote or political activities of any subordinate employee. E. This section does not prohibit community college districts from permitting student political organizations of political parties, including those that are recognized pursuant to sections 16-801, 16-802 and 16-803, to conduct lawful meetings in community college buildings or on community college grounds, except as prescribed in subsection A of this section. Each student political organization that is allowed to conduct lawful meetings on community college property shall have equal access as any other student political organization that is allowed to conduct lawful meetings on community college property. F. Nothing contained in this section shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions. G. The attorney general shall publish and distribute to community colleges a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a web site or electronically. H. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than five thousand dollars per violation, plus any amount of misused funds subtracted from the community college district budget against a person who violates or a person who aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds. Community college funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the community college district whose funds were misused. I. An attorney acting on behalf of a community college district may request a legal opinion of the county attorney or attorney general as to whether a proposed use of community college resources would violate this section. J. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section. K. For the purposes of this section: 1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. 2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral. 3. "Misused funds" means community college district monies or resources used unlawfully pursuant to this section. 4. "Routine community college district communications" means messages or advertisements that are germane to the functions of the community college district and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety. 15-1409. Community college tuition financing districts; formation; powers and duties; issuance and sale of bonds for capital outlay A. A community college tuition financing district shall contract with an existing community college district to provide instructional and student services within the community college tuition financing district. B. The minimum assessed valuation and population requirements prescribed in section 15-1402 do not apply to community college tuition financing districts. C. A community college tuition financing district shall be formed in the same manner prescribed in sections 15-1403 and 15-1404, except that the county board of supervisors shall serve as the governing board of the community college tuition financing district and the county board of supervisors by majority vote may adopt a resolution to submit the question of the formation of a community college tuition financing district and the approval of a proposed tax rate to fund the community college tuition financing district directly to the qualified electors of the county at a special or general election called for that purpose as prescribed in section 16-204 and title 35, chapter 3, article 3. The resolution adopted by the county board of supervisors shall include a statement that the primary property tax levy limit for the community college tuition financing district shall be no less than the levy limit of the most recently formed community college district in this state. D. Except as provided in this section, a county board of supervisors has the same powers and duties specified in section 15-1444 for community college districts. E. A community college tuition financing district shall not award degrees, certificates or diplomas. F. A community college tuition financing district is not eligible to receive equalization aid pursuant to section 15-1468 or state contribution for capital outlay for initial or additional campuses pursuant to section 15-1463. G. The state aid eligibility requirements prescribed in section 15-1466, subsection E, paragraphs 1 and 2 do not apply to community college tuition financing districts. H. Notwithstanding any other law, the same student shall not be counted twice as a full-time equivalent student in both a community college tuition financing district and a community college district. Notwithstanding any other law, beginning with the fiscal year after the year in which the community college tuition financing district is formed and has established its primary tax rate, a district that provides services in a community college tuition financing district pursuant to section 15-1470 shall no longer count these students in the district's full-time equivalent student count. I. If a community college tuition financing district is converted into a community college district by the formation of a community college district pursuant to section 15-1402 or 15-1402.01, the community college tuition financing district is dissolved and any equipment, property, personnel, liabilities and assets are transferred to the community college district. J. If a community college tuition financing district is formed in a county that provides reimbursement for the attendance of nonresident state students pursuant to section 15-1469, that county shall continue to provide reimbursement payments to community college districts as set forth in section 15-1469 until the fiscal year in which a qualifying levy is adopted and budgeted in support of the community college tuition financing district by the county board of supervisors. The total reimbursement payments due to other community college districts in any fiscal year pursuant to section 15-1469 shall be reduced by the amount of any nonqualifying levy expended in the prior fiscal year. This reduction shall be shared by each community college district that receives a reimbursement payment from the county based on that community college district's proportionate number of full-time equivalent students from the county where the community college tuition financing district is located. For the purposes of this subsection: 1. "Nonqualifying levy" means a levy that is adopted to support the community college tuition financing district and that is less than the amount of a qualifying levy. 2. "Qualifying levy" means a levy that is at least equal to the sum of the reimbursement payments and the amount of the community college services provided in the fiscal year immediately before the year that a levy was first adopted to support the operations of the community college tuition financing district. K. The board of supervisors of a county that has formed a community college tuition financing district by majority vote may enter into an intergovernmental agreement to loan monies to the community college tuition financing district in an amount that does not exceed two hundred thousand dollars. Any loan pursuant to this subsection shall be repaid from the next scheduled collection of property taxes to fund the community college tuition financing district. The annual interest charges on any loan pursuant to this subsection shall not exceed five percent. L. A community college tuition financing district may issue bonds for capital outlay purposes in the same manner prescribed in section 15-1465 for community college districts. The county board of supervisors is solely responsible for determining the encumbrance and approval of the expenditure of the proceeds of the bonds issued pursuant to this subsection and shall not delegate or transfer this authority to any other entity. M. Notwithstanding any other law, a provisional community college district that began operations before January 1, 2015: 1. May continue to operate as a provisional community college district. The governing board of a provisional community college district that began operations before January 1, 2015 shall continue to be elected in the same manner prescribed in section 15-1441. 2. Is not eligible to receive monies pursuant to section 15-784 or section 15-1472, subsection D, paragraph 2, subdivision (a). 3. Is not eligible for equalization aid pursuant to section 15-1468. 4. Is not a board as defined in section 15-1481. 5. Unless otherwise specified, is a community college district for purposes of section 42-5029 or 42-5029.02. 6. Is not subject to section 42-17056. 15-1410. Credit and noncredit courses; definition A. A course that is offered for credit shall satisfy at least one of the following: 1. Satisfy one or more of the following purposes: (a) Qualify students for a community college certificate or degree. (b) Be acceptable for transfer to a regionally accredited public or private college or university. (c) Prepare students with skills to seek entry-level jobs in the field of specialization. (d) Improve the student's job skills or prepare the student for promotion in fields of employment. (e) Provide skills necessary for success in other college courses. (f) Provide continuing education and lifelong learning. 2. Satisfy all of the following requirements: (a) Have a formal course outline that defines the objectives and content of the course on file and available for audit. (b) Evaluate and grade students based on their mastery of the objectives and content of the course. (c) Require faculty teaching the course to meet the standards set by the district to teach in the subject area of the course. (d) Base the credit hours or contact hours awarded for completion of the course on the effort required of, and the competencies gained by, the students in accordance with policies adopted by the district governing board. (e) Require students, before enrollment in the course, to achieve prerequisite competencies as defined in the syllabus or approved course guidelines. (f) Be developed using the district's formal curriculum review procedure. (g) Have an evaluation component, the results of which are used for the purposes of formative and summative evaluation by the institution. (h) Meet other requirements adopted pursuant to district governing board policies, including national standardized examinations and credit by evaluation or examination. B. A noncredit workforce training or career and technical education course that meets the criteria established in subsection A of this section and that is offered for contact hours instead of credit hours shall satisfy one or more of the following: 1. Be consistent with the Carl D. Perkins Career and technical education improvement act of 2006, as amended by the strengthening career and technical education for the 21st century act. 2. Be included on the eligible training provider list maintained pursuant to the workforce innovation and opportunity act. 3. Be requested pursuant to a formal agreement or contract with a business or entity. C. Noncredit courses are courses that do not meet the criteria established in subsection A of this section. Noncredit courses are the financial responsibility of the district. D. A community college under the jurisdiction of a community college district governing board may not offer a course with a prerequisite for enrollment that requires a student to be a member of a labor organization, a trade organization or a trade guild or to participate in an industry apprenticeship program. E. For the purposes of this section, "contact hour" means sixty minutes of instructional time that is provided to students in a noncredit workforce training or career and technical education course. 15-1427. Annual report A. By December 1 of each year, each community college district shall make a report for the preceding fiscal year to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee and shall provide a copy of this report to the secretary of state. B. The report shall contain the following information regarding the operation of the district: 1. The state of progress of the community colleges operated under this chapter. 2. The courses of study included in the curricula. 3. The number of professors and other instructional staff members employed. 4. The number of students registered and attending classes. 5. The number of full-time equivalent students enrolled during the year. 6. The total number of students not residing in the district, disaggregated by the county of residence for nonresident students who reside in this state and by the state of residence for nonresident students who reside in another state. 7. The amount of receipts and expenditures. 8. A general description of tuition and fees charged for credit courses. 9. A general description of tuition and fees charged for noncredit courses. 10. Such other information as the governor and the joint legislative budget committee deem proper. C. In each odd-numbered calendar year, the report shall also contain the following information regarding dual enrollment programs operated pursuant to section 15-1821.01: 1. Documentation of compliance with the requirements prescribed in section 15-1821.01, paragraphs 3, 4 and 5, including a list of the members of the faculty advisory committees of each community college. 2. Total enrollments listed by location, by high school grade level and by course. 3. A copy of each addendum to intergovernmental agreements or contracts executed pursuant to section 15-1821.01, paragraph 1. 4. Summary data by community college district and by individual community colleges on the number of scholarships or grants awarded to students. 5. Such other information as the governor and the joint legislative budget committee deem proper. 15-1441. Selection of precincts; district board members; terms; qualifications; vacancies A. The board of supervisors shall establish in the same manner as provided in section 16-411 five precincts in a community college district for the election of a district board member from each precinct. A precinct in a community college district shall be composed of the number of election precincts as determined by the board of supervisors and shall have the same boundaries as are defined for the election precincts under section 16-411. If the board of supervisors redefines the boundaries of election precincts under section 16-411 that are included within a precinct in a community college district, the board of supervisors shall redefine the boundaries of the precinct in the community college district to conform with the election precinct changes. The precincts shall be established in a newly organized district subsequent to the organizational vote, and the county school superintendent shall appoint five members, one from each precinct, who are qualified electors. B. Where two or more counties constitute a district, as many precincts shall be set up by the board of supervisors in each county as the county is entitled to membership. In no case shall a county that is part of a district have more than four precincts, and where a district consists of two or more counties at least one member shall reside in each county. C. At the first general election held for a district, the candidate having the most votes in each precinct shall be declared elected, provided the candidate meets the requirements provided in subsection A of this section. The two elected members having the highest number of votes receive six year terms, the two elected members receiving the next highest number of votes receive four year terms and the one elected member receiving the lowest number of votes receives a two year term. Thereafter each member's term is six years, except for a county with a population of at least three million persons, beginning at the next election after June 30, 2012, each member's term is four years. D. The next general election of district board members following the first general election shall be for the precinct where the elected candidate received the lowest number of votes and the second general election for the two precincts where the elected candidates received the next highest number of votes and the third general election for the two precincts where the elected candidates received the highest number of votes. The order of elections as established through this procedure shall thereafter be the order of precinct elections. E. Vacancies shall be filled by appointment by the county school superintendent for the unexpired term for the precinct where the vacancy occurs, except that if the unexpired term is two years or longer, the county school superintendent may do one of the following: 1. Make an appointment for a term, which shall be until the next regular election for district board members, at which time a successor shall be elected to serve the unexpired portion of the term. 2. With the approval of the district board, leave the vacancy until the next regular election for governing board members, at which time a successor shall be elected to serve the unexpired portion of the term. F. When a vacancy occurs in a district with more than one county, the county school superintendent of the county where the previous incumbent resided shall fill the appointment for the unexpired term. G. A county officer as provided in section 11-401 is not eligible to serve as a member of a community college district governing board during his term of office. H. Employees of a community college district or their spouses are not eligible to hold membership on the community college district governing board in the district in which the employee is employed. I. Beginning July 1, 2012, in addition to the governing board members who are elected from each of the five precincts in a community college district, a county with a population of at least three million persons shall elect two additional governing members from the district at large. At the first general election held to elect at-large governing board members, the two candidates having the most votes shall be declared elected, if each candidate is a qualified elector who resides in that county. The elected member who receives the highest number of votes of the at-large candidates shall serve a four year term and the elected member who receives the next highest number of votes shall serve a two year term. Thereafter each member's term is four years. 15-1442. Nominating petitions; election; returns; results; certificate of election; statement of contributions and expenditures A. Candidates for the district board must file nominating petitions, conforming to section 16-314, with the appropriate county officer. B. Members of the district board shall be elected at the time and place, and in the manner, of general elections as provided in title 16. C. If only one person files a nominating petition or nomination paper for a write-in candidate for an election to fill a community college board office, the county school superintendent not earlier than one hundred five days before the election may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for a candidate or for a write-in candidate for an election to fill a community college board office, the county board of supervisors not earlier than one hundred five days before the election may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15-1441. A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office. D. The county school superintendent and the chairman of the board of supervisors shall meet not later than on the fourteenth day following the election to canvass the returns in accordance with procedures for the canvass of returns in a general election. For any canvass conducted by the county school superintendent in November of an even-numbered year, the county school superintendent and the chairman of the board of supervisors shall conduct the canvass as part of the county's general election canvass. The county school superintendent shall declare the results of the district board election, declare elected the person receiving the highest number of votes for each office to be filled and issue to that person a certificate of election. E. All candidates for the office of community college district governing board member shall file with the clerk of the board of supervisors a statement of contributions and expenditures as provided in section 16-926. 15-1443. Meetings; officers; immunity A. Within twenty days after appointment of the first district board, the county school superintendent, or county school superintendents by joint action where the district consists of more than one county, shall call a meeting of the district board by giving at least ten days' notice by registered or certified mail to each board member. At the meeting the district board shall organize by electing a president and a secretary from among its members and may transact any other business relating to the affairs of the district. B. Following the first election of members, the district board shall meet and organize in January each year and shall hold regular meetings at such time and place as the policies of the board provide. Special meetings may be held at the call of the president or upon a call issued in writing signed by a majority of the members of the district board. C. Members of the district board are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings. 15-1444. General powers and duties of district boards A. Except as otherwise provided, each district board shall: 1. Maintain each community college under its jurisdiction for a period of at least eight months in each year and, if the monies of the district are sufficient, maintain each community college for a longer period. 2. Adopt policies in a public forum to offer programs that meet the educational needs of the population served by the community college. 3. Enforce the courses of study prescribed by the district board. 4. Visit each community college under its jurisdiction and examine carefully into its management, conditions and needs. 5. Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character intended for use as textbooks. 6. Appoint and employ a chancellor or chancellors, vice chancellors, a president or presidents, vice presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees it deems necessary. The district board may enter into employment contracts with chancellors, vice chancellors and presidents for a duration of more than one year but not more than five years. 7. Determine the salaries of persons it appoints and employs. A district may not compensate an employee for work performed on behalf of an elected employee representative organization and may not provide more favorable terms and conditions of employment to any employee because that individual belongs to an elected employee representative organization. 8. Remove any officer or employee if in its judgment the interests of education in this state require the removal. 9. Award degrees, certificates and diplomas on the completion of courses and curricula as it deems appropriate. 10. Appoint or employ, if it deems necessary, police officers who shall have the authority and power of peace officers. The police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 2 or the public safety personnel retirement system under title 38, chapter 5, article 4. 11. Determine the location within the district of a community college and purchase, receive, hold, make and take leases of, sell and convey real or personal property for the benefit of the community colleges under its jurisdiction. 12. Obtain insurance or be self-insured, or a combination of insurance and self-insurance, against loss, to the extent it is determined necessary on community college buildings of the district. The local district shall have an insurable interest in the buildings. B. The district board may: 1. Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district. 2. Lease real property, as lessor or as lessee. If a district is the lessee, the lease may contain an option to purchase the property. The district board may adopt policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to lease property under this paragraph. Any delegation by the district board pursuant to this paragraph may be rescinded in whole or in part at any time by the district board. 3. Sue and be sued. 4. Contract. The district board may adopt such policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to contract under this paragraph. Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part. 5. Construct, remodel and repair buildings. 6. In conjunction with other districts, establish policies for procuring goods and services. 7. Provide a plan or plans for employee benefits, which may include optional retirement programs pursuant to section 15-1451, subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986. 8. Accept grants or donations of monies from the United States or any of its agencies, departments or officers, this state, political subdivisions of this state, tribal governments, school districts, special taxing districts, persons, corporations, foundations or associations. The district board shall deposit the monies into a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific policies or restrictions as described or stipulated in the grant or donation. In the case of personal property granted or donated to or for the benefit of a community college district, the district board shall immediately transfer possession and ownership of the property to the designated district. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona. 9. Enter into intergovernmental agreements or contracts pursuant to section 11-952.01 for participation in programs offered by public agency pools or separately contract with a trustee or board of trustees that provides a common self-insurance program with pooled funds and risks pursuant to section 15-382, subsection B, paragraph 2. The district board is not required to engage in competitive procurement in order to make the decision to participate in these programs. 10. Name a building or a group of buildings that is located on a community college campus on behalf of a person or entity that has made a significant contribution of monies or other property to the community college or the community college district. 11. Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit-sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through community college district research. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona. 12. Enter into an intergovernmental agreement pursuant to section 15-1747 to participate in a reciprocity agreement subject to the terms of the reciprocity agreement. 13. Engage in entrepreneurial and commercial activities. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona. 14. Collect auxiliary fees, including cafeteria fees, food service fees, bookstore fees and dormitory fees. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona. 15. Provide goods and services pursuant to a contract with a political subdivision of this state or with a tribal government. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona. 16. For a community college in a county with a population of seven hundred fifty thousand persons or less, offer four-year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education. 17. For a community college in a county with a population of more than seven hundred fifty thousand persons, offer four-year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education as follows: (a) For the first four years that a community college offers four-year baccalaureate degrees, the community college may not offer more than five percent of its total number of degree and certification offerings for four-year baccalaureate degrees. For the fifth and subsequent years that a community college offers four-year baccalaureate degrees, the community college may not offer more than ten percent of its total number of degree and certification offerings for four-year baccalaureate degrees. (b) Tuition per credit hour for the third and fourth years of a four-year baccalaureate program may not exceed one hundred fifty percent of the tuition per credit hour of any other district program. C. If a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the district shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest. The lien for unpaid delinquent taxes, penalties and interest on property acquired by the district: 1. Is not abated, extinguished, discharged or merged in the title to the property. 2. Is enforceable in the same manner as other delinquent tax liens. D. In a district whose boundaries encompass a vehicle emissions control area as defined in section 49-541, the district board shall require all out-of-county and out-of-state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of section 49-542. The district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles that fail to comply with section 49-542. E. A community college district and a career technical education district governing board may enter into agreements to provide administrative, operational and educational services and facilities. F. Each district may establish a program for the exchange of students between the community colleges under its jurisdiction and colleges and universities located in Sonora, Mexico. The program may provide for in-state tuition for Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for Arizona students enrolled or seeking enrollment in Sonora colleges and universities. The community colleges may work in conjunction with the Arizona-Mexico commission in the governor's office to coordinate recruitment and admissions activities to provide for in-state tuition for up to fifty Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for up to fifty total Arizona students enrolled or seeking enrollment in Sonora colleges and universities. G. Each district shall facilitate transfer articulation coordination pursuant to section 15-1824. 15-1444.01. Baccalaureate degree programs; notice; reporting requirements; definitions A. Each community college that offers a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17 must meet both of the following: 1. All applicable regional accreditation requirements. 2. All applicable state licensure requirements. B. When determining whether to offer a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17, the district board shall make its determination based on all of the following criteria: 1. Whether the community college can demonstrate both: (a) Workforce need for the baccalaureate degree program in the region served by the community college. (b) Student demand for the baccalaureate degree program. 2. A financial analysis that shows the short-term and long-term impacts to initiate and sustain the baccalaureate degree program, including all of the following: (a) The source of monies. (b) Facilities requirements. (c) Faculty. (d) Personnel. (e) Administrative costs. 3. Whether the baccalaureate degree program would unnecessarily duplicate the degree programs offered by other institutions of higher education in this state. 4. The ability of the community college to support the baccalaureate degree program with student enrollment and the adequacy of the community college's facilities, faculty, administration, libraries and other resources. C. A community college that is within a community college district located in the same county as the main campus of any public university and that is developing a baccalaureate degree program shall notify the public university whose main campus is located in the same county as the community college district at least sixty days before submitting the report prescribed in subsection D of this section to the district board. Within thirty days after the date the community college submits the notice, the public university may provide a written response to the district board for its review. This subsection does not allow a public university to prevent a community college from offering a baccalaureate degree program. D. Before the district board authorizes a community college to offer a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17, the community college must submit a report to the district board that includes all of the following information: 1. The name of the proposed academic degree program. 2. The academic department that will offer the proposed degree program. 3. Whether the instructional modality would be immersion or online, or both. 4. The total credit hours necessary to complete the degree program. 5. The proposed inception term. 6. A brief description of the proposed degree program. 7. A learning outcomes and assessment plan, including: (a) Concepts. (b) Competencies. (c) Assessment methods and measures. 8. The projected enrollment by year for the first three years the degree program is offered. 9. Evidence of market demand for the proposed degree program. 10. Similar degree programs offered at other institutions of higher education in this state. 11. The new resources required, including a long-term plan for faculty recruitment that indicates the ability to pay the increased salaries of doctoral faculty and identifies recruitment strategies for new faculty. 12. Any written responses provided by a public university pursuant to subsection C of this section. E. Each community college that offers a baccalaureate degree program pursuant to section 15-1444, subsection B, paragraph 16 or 17 shall submit a report to the joint legislative audit committee on or before October 1 of the fifth year after initially offering that baccalaureate degree program. The report shall review the first five years of the baccalaureate degree program at the community college and shall include all of the following: 1. The number of: (a) All baccalaureate degree programs implemented at the community college. (b) Applicants to each baccalaureate degree program. (c) Persons who are admitted into each baccalaureate degree program. (d) Persons who are enrolled in each baccalaureate degree program. (e) Persons who received degrees from each baccalaureate degree program. 2. The costs of each baccalaureate degree program, including cost per degree and the funding sources that were used to finance each degree program. 3. Current trends in workforce demands that require four-year degrees in each specific baccalaureate degree program offered. 4. Current completion and continuation rates, if available, for each cohort of students participating in each baccalaureate degree program. 5. Information on the impact of each baccalaureate degree program on underserved and underprepared students. 6. The extent to which each baccalaureate degree program fulfills identified workforce needs for new baccalaureate degree programs. 7. Information on the places of employment of students and the subsequent job placement of graduates of each baccalaureate degree program. 8. For each baccalaureate degree program, the costs to students, the amount of financial aid offered and the student debt levels of graduates. 9. Time-to-degree rates and completion rates for each baccalaureate degree program. F. Each community college district that offers a baccalaureate degree program shall include all of the following in its annual report required by section 15-1427: 1. The total number of students pursuing a baccalaureate degree at the community college district pursuant to this section, disaggregated by baccalaureate degree program. 2. The projected enrollment for each baccalaureate degree program. 3. The total number of baccalaureate degrees completed at the community college district, disaggregated by baccalaureate degree program. 4. Workforce data showing demand for the baccalaureate degree programs offered at the community college district. 5. The average cost of tuition per credit hour for the baccalaureate degrees offered at the community college district. G. For the purposes of this section: 1. "Main campus" means the central location of the public university's library system and computer center. 2. "Public university" means a university under the jurisdiction of the Arizona board of regents. 15-1445. Administrative powers and duties of district governing boards A district board shall: 1. Adopt policies for the government of the community colleges under its jurisdiction. 2. In conjunction with other district boards, set standards for the establishment, development, administration, operation and accreditation of community colleges in the district. 3. Fix tuitions and graduate the tuitions and fees between institutions and between residents, nonresidents and students from foreign countries. The district board may waive tuitions and fees and graduate tuitions and waivers for an employee or the spouse or dependent child of an employee of the district, or for a nonresident student enrolled in the district if the district board determines the waiver is in the best interest of this state and the student. 4. In conjunction with other district boards, submit to the economic estimates commission before January 10 of each year the estimated number of full-time equivalent students for the district as prescribed in section 15-1466.01. 5. Establish curricula and designate courses that in its judgment will best serve the interests of this state. 6. Determine academic classes that qualify as open entry, open exit classes and prescribe policies for the operation of open entry, open exit classes. 7. In conjunction with other district boards and the state board of education, review and adopt, within the scope of the statutory definitions of vocational and technical education, program and staff standards with modifications as necessary for courses taught in community colleges. The district board shall base the standards on vocational and technical competence. 8. In conjunction with other district boards, establish qualifications of the instructional staff that, at a minimum, shall be equal to those required to meet accreditation guidelines and establish standards of vocational and technical competence required to instruct in occupational as well as academic subjects. 9. In conjunction with other district boards, prescribe guidelines providing for the transferability between community college district vocational and technical education programs and in conjunction with the state board of education prescribe guidelines for the interrelationship of secondary programs and postsecondary programs. 10. In conjunction with other district boards, prescribe the manner in which the self-evaluation of vocational and technical education programs is conducted as provided in section 15-1452. 11. If requested by the state board of education, assist in the preparation, publication and distribution of an annual state plan and a comprehensive five-year state plan. 12. In conjunction with other district boards and the state board of education, develop a process to determine program funding priorities for state aid purposes. Each district board shall submit state aid recommendations to the legislature. The recommendations shall be based on the process and on existing cost studies of vocational and technical education in this state. 13. In conjunction with other district boards, prescribe qualifications for admission to community colleges for honorably discharged veterans who served on active duty in the armed forces for a minimum of one year and who were previously enrolled at a community college or uni