Senate Bill 321 AN ACT

RELATING TO EDUCATION; PRESCRIBING USAGE OF CERTIFICATES OF EDUCATIONAL CONVENIENCE; PRO VIDING FOR ADMISSION OF PUPILS OF OTHER DIS TRICTS, AND AMENDING SECTIONS 15-304 AND 15-449, ARIZONA REVISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. PURPOSE

The purpose of this act is to limit the issuance of certificates of educational convenience.

Sec. 2. Section 15-304, Arizona Revised Statutes, is amended to read:

15-304. CERTIFICATE OF EDUCATIONAL CONVENIENCE; ISSUANCE; EFFECT ON ATTENDANCE RECORDS

1. A pupil precluded by distance or lack of adequate transportation facilities from attending a common or high school in the district or county of his residence or who resides in unorganized territory may apply to the county school superintendent for a certificate of educational convenience. If it appears to the superintendent that it is not feasible for the pupil to attend the common or high school in the district or county of residence, he shall issue a certificate authorizing the pupil to attend a common or high school in an adjoining district or county, whether within or without the state.

15 449. ATTENDANCE OF A PUPIL PRECLUDED FROM ATTENDING A SCHOOL IN THE DISTRICT OR COUNTY OF HIS RESIDENCE, WHEN CERTIFIED TO THE COUNTY SUPERINTENDENT BY THE OFFICIAL IN CHARGE OF THE SCHOOL ATTENDED, SHALL BE DEEMED FOR THE PURPOSE OF DETERMINING AVERAGE DAILY ATTENDANCE TO BE ATTENDANCE IN THE COMMON OR HIGH SCHOOL OF THE COUNTY OR DISTRICT OF THE STUDENT'S RESIDENCE. ATTENDANCE OF A PUPIL FROM UNORGANIZED TERRITORY SHALL BE DEEMED FOR THE PURPOSE OF DETERMINING AVERAGE DAILY ATTENDANCE TO BE ATTENDANCE IN THE COMMON OR HIGH SCHOOL DISTRICT OF ATTENDANCE.

1. THE COUNTY SCHOOL SUPERINTENDENT OF ANY COUNTY IN WHICH A PUPIL IS PLACED AS DESCRIBED IN PARAGRAPH 1, 2 OR 3 OF THIS SUBSECTION SHALL ISSUE A CERTIFICATE OF EDUCATIONAL CONVENIENCE FOR THE PUPIL TO ATTEND SCHOOL TN THE SCHOOL DISTRICT OR ADJOINING SCHOOL DISTRICT TO THAT IN WHICH THE PUPIL IS PLACED IN ONE OF THE FOL LOWING:A STATE REHABILITATION OR CORRECTIVE INSTITUTION. A FOSTER HOME OR CHILD CARE AGENCY OR INSTITUTION WHICH IS LICENSED AND SUPERVISED BY THE STATE DEPARTMENT OF PUBLIC WELFARE.UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS IN A RESIDENCE PURSUANT TO THE INTERSTATE COMPACT ON JUVEN1LES.

2. If a certificate of convenience is issued as provided by the terms of subsection B, the attendance of such pupil shall be deemed, for the purpose of determining average daily attendance, to be attendance in the common or high school of the district of attendance. Tuition may be charged the ST ATE SUPERINTENDENT OF PUBLIC INSTRUCTION BY THE district of actual attendance as for nonresident attendance, provided that the per capita apportionment of state and county aid, shall be deducted from the total amount charged for tuition. The county school superintendent ISSUING A CERTIFICATE SHALL NOTIFY THE STATE SUPERINTENDENT OF THE ISSUANCE. THE STATE SUPERINTENDENT shall draw a warrant upon the STATE treasurer in favor of the school of actual attendance for the amount charged as adjusted, whether for common or high school attendance, in conformity with the provisions of section 15-449.

Sec. 3. Section 15-449, Arizona Revised Statutes, is amended to read:

15-449. ADMISSION OF PUPILS OF OTHER DISTRICTS; TUITION CHARGES

1. The board of trustees of a common or high school shall admit pupils from another district or area as follows:I. Upon the presentation of a certificate of educational convenience issued by the county school superintendent pursuant to section 15-304 or by agreement between districts, without payment of tuition, to exchange pupils for their convenience for reasons deemed sufficient by the governing boards.2. To a high school without the presentation of such certificate, if the pupil is a resident of a common school district within the state which has neither a high school nor a school in which high school subjects are taught. ATTENDANCE OF SUCH PUPILS SHALL BE DEEMED, FOR THE PURPOSE OF DETERMINING AVERAGE DAILY ATTENDANCE, AND FOR APPORTIONMENT OF STATE AND COUNTY AID TO BE ATTENDANCE IN THE DISTRICT OF THE PUPIL'S RESIDENCE.

2. The residence of the person having legal custody of the pupil shall be considered the residence of the pupil, except as provided by the terms of subsection 6- B of section 15-304. FOR THE PURPOSES OF THIS SECTION "LEGAL CUSTODY" MEANS: CUSTODY EXERCISED BY THE NATURAL OR ADOPTIVE PARENTS WITH WHOM A PUPIL RESIDES.CUSTODY GRANTED BY ORDER OF A COURT OF COMPETENT JURISDICTION TO A PERSON OR PERSONS WITH WHOM A PUPIL RESIDES.

3. The attendance of A pupil shall be deemed, for the purpose of determining average daily attendance, and for apportionment of state and county aid, including equalization aid, to be attendance in the district of ATTENDANCE, except as provided by the terms of subsection A, PARAGRAPH 1 of section 15-304 AND SUBSECTION A, PARAGRAPH 2 OF THIS SECTION.

4. Tuition shall be charged for all pupils attending school in a district other than that of their residence, as provided in subsections A and B, and shall be determined and paid in the following manner:The tuition FOR PUPILS ATTENDING SCHOOL IN A DISTRICT OTHER THAN THAT OF THEIR RESIDENCE, EXCEPT PUPILS PROVIDED FOR BY SECTION 15-304, SUBSECTIONS B AND C, shall be the per capita cost of the school district attended, as determined for the current school year, and described in section 15-1201 as permissible operational expenditures per pupil per annum for the present fiscal year PLUS AN ADDITIONAL SUM FOR CAPITAL OUTLAY, NOT TO EXCEED ONE HUNDRED DOLLARS PER PUPIL, PER ANNUM, TO BE DETERMINED BY THE SCHOOL DISTRICT ATTENDED AND PRORATED ON THE AVERAGE DAILY ATTENDANCE OF THE TUITION STUDENT. A CLAIM FOR TUITION SHALL BE PRESENTED AGAINST THE DISTRICT OF RESIDENCE THROUGH THE COUNTY SUPERINTENDENT, WHO SHALL DRAW A WARRANT ON THE COUNTY TREASURER IN FAVOR OF THE DISTRICT OF ATTENDANCE AND SHALL BE PAID FROM THE FUNDS OF THE DISTRICT OF RESIDENCE.

1. TUITION OF PUPILS AS PROVIDED BY SUBSECTIONS BAND C OF SECTION 15-304 SHALL BE THE PER CAPITA COST OF THE SCHOOL DISTRICT ATTENDED, AS DETER MINED FOR THE CURRENT SCHOOL YEAR, AND DESCRIBED IN SECTION 15-1201 AS PERMISSIBLE OPERATIONAL EXPENDITURES PER PUPIL PER ANNUM FOR THE PRESENT FISCAL YEAR PLUS AN ADDITIONAL SUM FOR CAPITAL OUTLAY, NOT TO EXCEED ONE HUNDRED DOLLARS PER PUPIL, PER ANNUM, TO BE DETERMINED BY THE SCHOOL DISTRICT ATTENDED AND PRORATED ON THE AVERAGE DAILY ATTENDANCE OF THE TUITION STUDENT. THE AMOUNT OF SUCH TUITION SHALL NOT INCLUDE A PER CAPITA APPORTIONMENT OF STATE AND COUNTY AID. THE CLAIM FOR TUITION SHALL BE PRESENTED AGAINST THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION OF THE STATE DEPARTMENT OF EDUCATION WHO SHALL DRAW HTS WARRANT IN FAVOR OF THE DISTRICT OF ATTENDANCE AND SHALL ISSUE THIS WARRANT TO THE COUNTY TREASURER FOR THE DISTRICT OF ATTENDANCE.

2. Tuition for pupils, residents of the state, residing in unorganized territory, shall be paid by the county school superintendent from the special county school reserve fund; the amount of such tuition shall not include the per capita apportionments of state and county aid, and The attendance of such pupils IN A SCHOOL DISTRICT shall be INCLUDED IN THE BASIS FOR DETERMINING THE APPORTIONMENT OF THE STATE AND COUNTY AID FOR THAT DISTRICT.

3. The amount so received representing contributions to capital outlay shall be applied to the bond redemptions and interest fund of the district if there be one, otherwise SUCH amount shall be credited to the district fund.

Approved by the Governor-May 11, 1971