Assigned to ED & APPROP FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session FACT SHEET FOR H.B. 2167 school districts; records; noncompliance; penalties Purpose Prescribes training requirements, civil penalties and bond and override election restrictions for a school district that fails to correct a uniform system of financial records (USFR) deficiency within specified timeframes. Transfers oversight and administrative requirements relating to the School Financial Transparency Portal (Portal) from the Arizona Department of Administration (ADOA) to the Arizona Department of Education (ADE) and establishes the Portal Fund. Background The Auditor General (OAG), in conjunction with ADE, must prescribe a USFR for school districts to use each fiscal year. The USFR must: 1) provide for adjustment in consideration of existing capabilities available at a reasonable cost to school districts; 2) allow schools to maintain necessary records at a minimum cost; 3) prescribe guidelines applicable to procurement practices; 4) prescribe methods for apportioning specified revenues; 5) prescribe guidelines for apportioning pupil enrollment and attendance; and 6) provide information to assist in determining equitable distribution of state aid to schools. The OAG must inform any school district that fails to establish and maintain the USFR, detail in writing the deficiencies of the school district and provide the school district 90 days to correct the deficiencies (A.R.S. § 15-271). If the State Board of Education (SBE) determines that a school district is not in compliance with the USFR or has failed to correct a deficiency within 90 days after receiving notice from the OAG, the SBE must direct the Superintendent of Public Instruction to withhold up to 10 percent of the school district's state monies for each violation until the OAG reports that the school district is in compliance (A.R.S. § 15-272). A school district governing board may, and on petition of 15 percent of the school district electors must, hold elections for specified purposes, including to decide whether: 1) school district bonds will be sold to raise monies for specified purposes; and 2) to change the list of capital projects or the purposes authorized by prior voter approval to issue bonds. Monies to redeem bonds and pay interest are raised by assessing secondary property taxes in the school district (A.R.S. § 15-491). If a school district's proposed budget exceeds the statutory aggregate budget limit for the year, the governing board must order an override election to be held at least 90 days before the election. An override election may be held to exceed the revenue control limit or district additional assistance (DAA) and may be funded by assessing secondary property taxes or from revenues other than a property tax levy (A.R.S. § 15-481). ADOA must develop a transparent and easily accessible portal that includes school-level data for charter schools, individual schools operated by a school district and school districts. FACT SHEET H.B. 2167 Page 2 ADOA must contract with a third party that meets prescribed requirements to develop the Portal. ADE and the Arizona State Board for Charter Schools must provide and assist with any necessary data or financial information that ADOA or the contractor requests to implement the Portal (A.R.S. § 15-747). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions USFR Noncompliance 1. Requires, if a school district fails to correct a USFR deficiency within 18 months after receiving notice from the OAG, the SBE to consult with ADE to determine the amount of training and other interventions necessary or appropriate to assist the school district to achieve USFR compliance and direct ADE to: a) provide the training and interventions within 6 months; b) impose a civil penalty, beginning the 18th month, against the school district in an amount equal to one percent of the school district's most recent general budget limit each month until the OAG reports the school district's USFR compliance; and c) deposit penalties collected for USFR noncompliance in the Portal Fund. 2. Specifies that any training must be provided to the school district's superintendent, business manager and chief financial officer and any other administrator or executive identified by the SBE or ADE. 3. Requires ADE to notify the SBE when the provided training and interventions for USFR noncompliance are completed. 4. Allows ADE to contract with a third party to provide the training and interventions for USFR noncompliance. 5. Requires a school district to pay for any costs incurred by ADE to provide the training and interventions for USFR noncompliance. 6. Prohibits, if a school district fails to correct a USFR deficiency within 90 days after receiving notice from the OAG, the governing board from doing the following until the school district has corrected any USFR deficiencies and complies with the USFR for at least 12 months: a) ordering a DAA override election; or b) calling an election to decide whether to issue school district bonds or change the list of capital projects or the purposes of previously issued school district bonds. 7. Determines that a school district is considered to have corrected any USFR deficiencies on the date the OAG reports that the school district is in USFR compliance. Portal Transfer and Portal Fund 8. Transfers Portal oversight and administrative requirements relating to the Portal from ADOA to ADE. FACT SHEET H.B. 2167 Page 3 9. Transfers ADOA's contracts, rules, property, records, data, investigative findings and obligations relating to the Portal to ADE on the general effective date. 10. Specifies that the transfer of matters relating to the Portal maintain the same status with ADE. 11. Establishes the Portal Fund, administered by ADE, and consisting of legislative appropriations and civil penalties collected from school districts that fail to correct a USFR deficiency within 18 months after receiving notice from the OAG. 12. Allows ADE to use Portal Fund monies for the costs of the Portal, including the costs of the contractor selected to develop the Portal. 13. Specifies that monies in the Portal Fund are continuously appropriated and exempt from lapsing. Miscellaneous 14. Makes technical and conforming changes. 15. Becomes effective on the general effective date. House Action ED 2/11/25 DP 7-5-0-0 3 rd Read 2/26/25 32-26-2 Prepared by Senate Research March 17, 2025 MH/SDR/ci