Reference Title: community colleges; correspondence; extension courses

AN ACT
AMENDING SECTION 15-1401, ARIZONA REVISED STATUTES; AMENDING TITLE 15, CHAPTER 12, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-1409; AMENDING SECTION 15-1425, ARIZONA REVISED STATUTES; AMENDING TITLE 15, CHAPTER 12, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-1429; RELATING TO COMMUNITY COLLEGES.

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

Section 1. Section 15-1401, Arizona Revised Statutes, is amended to read:

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.

1. 2. "Additional short-term classes" means those classes which are not in session on the forty-fifth day of the fall or spring semester, which commence at various times during the fiscal year and which are offered over a period of less than sixteen weeks.

2. 3. "Budget year" means the fiscal year for which the community college district is budgeting and which immediately follows the current year.

3. 4. "Community college" means an educational institution which is under the jurisdiction of the state board and which provides a program not exceeding two 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 for adults .

4. 5. "Current year" means the fiscal year in which the community college district is operating.

5. 6. "District" means community college district AND, UNLESS OTHERWISE SPECIFIED, INCLUDES PROVISIONAL COMMUNITY COLLEGE DISTRICTS .

6. 7. "District board" means the community college district governing board.

7. 8. "Full-time equivalent student" means student enrollment for fifteen community college semester credit units per semester.

8. 9. "Open entry, open exit classes" means those classes in which students enter or exit based on mastery of specified competencies and which commence at various times during the fiscal year.

9. 10. "Operational expense budget" means the budget as adopted by the district board pursuant to section 15-1461.

10. 11. "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 exclusive of all capital outlay items, special levies, auxiliary enterprise funds, restricted funds and bond service items.

12. "PROVISIONAL COMMUNITY COLLEGE DISTRICT" MEANS A COMMUNITY COLLEGE DISTRICT ORGANIZED PURSUANT TO SECTION 15-1409.

11. 13. "State board" means the state board of directors for community colleges.

Sec. 2. Title 15, chapter 12, article 1, Arizona Revised Statutes, is amended by adding section 15-1409, to read:

15-1409 . Provisional community college districts; formation; provisional community college district governing board; powers and duties

A. A PROVISIONAL COMMUNITY COLLEGE DISTRICT SHALL CONTRACT WITH AN EXISTING COMMUNITY COLLEGE DISTRICT TO PROVIDE INSTRUCTIONAL AND STUDENT SERVICES WITHIN THE PROVISIONAL COMMUNITY COLLEGE DISTRICT IN ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD.

B. THE MINIMUM ASSESSED VALUATION AND POPULATION REQUIREMENTS PRESCRIBED IN SECTION 15-1402 DO NOT APPLY TO PROVISIONAL COMMUNITY COLLEGE DISTRICTS.

C. A PROVISIONAL COMMUNITY COLLEGE DISTRICT SHALL BE FORMED AND A PROVISIONAL COMMUNITY COLLEGE DISTRICT BOARD SHALL BE ELECTED IN THE SAME MANNER PRESCRIBED IN SECTIONS 15-1403, 15-1404 AND 15-1441, EXCEPT THAT THE COUNTY BOARD OF SUPERVISORS BY MAJORITY VOTE MAY ADOPT A RESOLUTION TO SUBMIT THE QUESTION OF THE FORMATION OF A PROVISIONAL COMMUNITY COLLEGE 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 PROVISIONAL COMMUNITY COLLEGE 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 PROVISIONAL COMMUNITY COLLEGE DISTRICT GOVERNING BOARD HAS THE SAME POWERS AND DUTIES SPECIFIED IN SECTION 15-1444 FOR COMMUNITY COLLEGE DISTRICTS.

E. A PROVISIONAL COMMUNITY COLLEGE DISTRICT SHALL NOT AWARD DEGREES, CERTIFICATES OR DIPLOMAS.

F. A PROVISIONAL COMMUNITY COLLEGE DISTRICT IS NOT ELIGIBLE TO RECEIVE EQUALIZATION AID PURSUANT TO SECTION 15-1468, STATE AID PURSUANT TO SECTION 15-1466, STATE AID PER CAPITA FOR CAPITAL OUTLAY PURSUANT TO SECTION 15-1464, STATE CONTRIBUTION FOR CAPITAL OUTLAY FOR INITIAL OR ADDITIONAL CAMPUSES PURSUANT TO SECTION 15-1463 OR ANY OTHER MONIES FROM THIS STATE.

G. NOTWITHSTANDING ANY OTHER LAW, THE SAME STUDENT SHALL NOT BE COUNTED TWICE AS A FULL-TIME EQUIVALENT STUDENT IN BOTH A PROVISIONAL COMMUNITY COLLEGE DISTRICT AND A COMMUNITY COLLEGE DISTRICT.

H. IF A PROVISIONAL COMMUNITY COLLEGE DISTRICT IS CONVERTED INTO A COMMUNITY COLLEGE DISTRICT BY THE FORMATION OF A COMMUNITY COLLEGE DISTRICT PURSUANT TO SECTION 15-1402, THE PROVISIONAL COMMUNITY COLLEGE DISTRICT IS DISSOLVED AND ANY EQUIPMENT, PROPERTY, PERSONNEL, LIABILITIES AND ASSETS ARE TRANSFERRED TO THE COMMUNITY COLLEGE DISTRICT.

I. IF A PROVISIONAL COMMUNITY COLLEGE 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 FOR THE REMAINDER OF THE FISCAL YEAR IN WHICH THE PROVISIONAL COMMUNITY COLLEGE DISTRICT IS FORMED, PROVIDED THAT THE COUNTY BOARD OF SUPERVISORS ADOPTS A LEVY THAT IS AT LEAST EQUAL TO OR THAT EXCEEDS THE SUM OF THE REIMBURSEMENT PAYMENTS AND THE AMOUNT OF THE COMMUNITY COLLEGE SERVICES PROVIDED IN THE FISCAL YEAR IMMEDIATELY BEFORE THE FORMATION OF THE PROVISIONAL COMMUNITY COLLEGE DISTRICT.

J. THE PROVISIONAL COMMUNITY COLLEGE DISTRICT PROGRAM ESTABLISHED BY THIS SECTION ENDS ON JULY 1, 2009 PURSUANT TO SECTION 41-3102.

Sec. 3. Section 15-1425, Arizona Revised Statutes, is amended to read:

15-1425 . General administrative powers of the state board

The state board shall:

1. Enact ordinances for the government of the institutions under its jurisdiction.

2. Set standards for the establishment, development, administration, operation and accreditation of community colleges.

3. Permit and arrange for certification of experienced and qualified community leaders in business, the professions and the arts for the purpose of teaching classes at a community college in fields of their specific competence.

4. Establish qualifications of the instructional staff and establish standards of vocational and technological competence required to instruct in occupational as well as academic subjects.

5. Fix tuitions and fees which the community college districts shall charge and graduate the tuitions and fees between institutions and between residents, nonresidents and students from foreign countries.

6. Establish curriculums and designate courses at the several institutions which in its judgment will best serve the interests of this state.

7. Fix and collect fees for issuance and renewal of certificates as provided in paragraph 3 of this section. The state board shall transmit all fees to the state treasurer for deposit in a special fund, designated the "certification fund", which the state board shall use for the purpose of defraying the costs of certification.

8. Prescribe qualifications for admission to community colleges for veterans, honorably discharged, 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 university in this state. For the purpose of determining the qualifications the state board may not consider prior failing grades received by the veteran at a community college or university in this state.

9. In conjunction with the state board for vocational and technological education review and adopt, within the scope of the statutory definitions of vocational and technological education, program and staff standards with modifications as necessary for courses taught in community colleges. The state board shall base the standards on vocational and technological competence.

10. In conjunction with the state board for vocational and technological education, prepare, publish and distribute an annual state plan and a comprehensive five year state plan.

11. Prescribe the manner in which the self-evaluation of vocational and technological education programs as provided in section 15-1447 is conducted.

12. Prescribe guidelines providing for the transferability between community college district vocational and technological education programs and in conjunction with the state board for vocational and technological education prescribe guidelines for the interrelationship of secondary programs and postsecondary programs.

13. In conjunction with the state board for vocational and technological education, develop a process to determine program funding priorities for state aid purposes. The state 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 technological education in this state.

14. Submit to the economic estimates commission prior to January 10 of each year the estimated number of full-time equivalent students for each community college district as prescribed in section 15-1466.01.

15. Determine academic classes which qualify as open entry, open exit classes under AS DEFINED IN section 15-1401 , paragraph 8, and prescribe rules for the operation of open entry, open exit classes.

16. Require the publisher of each literary and nonliterary textbook used in the community colleges of this state to furnish computer software in a standardized format when software becomes available for nonliterary textbooks, to the state board of directors for community colleges from which braille versions of the textbook may be produced.

Sec. 4. Title 15, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 15-1429, to read:

15-1429 . Services outside district boundaries

EXCEPT AS PROVIDED IN SECTION 15-1470, A DISTRICT MAY OFFER CREDIT AND NONCREDIT COURSES AND SERVICES OUTSIDE OF THE DISTRICT. DISTRICT COURSES AND SERVICES MAY BE OFFERED THROUGH THE USE OF PROVISIONAL COMMUNITY COLLEGE DISTRICTS. THE STATE BOARD SHALL ADOPT RULES CONCERNING THE OFFERING OF CREDIT COURSES OUTSIDE A DISTRICT, INCLUDING DISTANCE LEARNING COURSES. A COMMUNITY COLLEGE DISTRICT IS NOT ENTITLED TO STATE AID PAYMENTS FOR STUDENTS WHO ARE PROVIDED COURSES AND SERVICES OUTSIDE OF THIS STATE.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.