2005 Arizona Revised Statutes - Revised Statutes §15-482  Special budget override provisions; special programs to improve academic achievement of pupils in kindergarten programs and grades one through three

A. An additional budget increase may be requested and authorized as provided in section 15-481, subsections I and J of up to five per cent of the revenue control limit as provided in subsection B of this section if the following conditions are met:

1. The school district uses a task force of educators and other persons to develop a special program designed to improve the academic achievement of low achieving pupils in kindergarten programs and grades one through three, with the goal that all pupils capable of doing so will learn the basic skills necessary for fourth grade work by the end of the third grade.

2. The amount of the proposed budget increase as provided in subsection B of this section is for use for the special program and is to supplement, not supplant, programs for pupils in kindergarten programs and grades one through three which were in existence prior to the budget increase, unless in the fiscal year prior to the fiscal year of the proposed budget increase special programs for pupils in kindergarten programs and grades one through three were in existence and were funded with proceeds from the sale or lease of school property, as provided in section 15-1102.

B. The maximum amount of the budget increase requested and authorized shall not exceed the budgeted expenditures of the proposed special program for each fiscal year, not to exceed a total of five per cent of the revenue control limit for each fiscal year. For a unified school district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects as provided in section 15-447, five per cent of the revenue control limit means five per cent of the revenue control limit attributable to the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight as provided in section 15-971, subsection B.

C. For each fiscal year in which a budget increase of up to five per cent of the revenue control limit is authorized as provided in subsection A of this section, the governing board shall:

1. Utilize a separate annual special program budget on a form prescribed by the auditor general in conjunction with the department of education. The budget format shall be designed to allow a school district to plan and provide in detail for expenditures to be incurred as a result of the special program.

2. Prepare as a part of the school district annual financial report a detailed report of expenditures incurred as a result of the special program, in a format prescribed by the auditor general in conjunction with the department of education, as provided in section 15-904.

D. The special program may be designed for any or all of the pupils enrolled in kindergarten programs and grades one through three and may involve efforts to remove barriers to academic achievement as well as efforts to improve instruction or increase the amount of instruction. The special program, at a minimum, shall focus on pupils who, because of innate factors, are not succeeding in the school environment as identified by parents, guardians or school personnel. These pupils may include, but are not limited to, those who do not qualify for special education services, who have measured intelligence quotients of between seventy and eighty-five or who exhibit characteristics of attention deficit disorder or learning patterns attributable to prenatal substance exposure.

E. During any fiscal year in which proceeds from the sale or lease of school property are used for the maintenance and operation section of the budget as provided in section 15-1102, a budget increase is in effect as provided in section 15-481, subsection E or F, or a budget increase is in effect as provided in this section, or any combination of these conditions occurs, the total amount of the proceeds and increases which may be expended is equal to fifteen per cent of the revenue control limit for that year as provided in section 15-947, subsection A, provided that the following maximum amount is attributable to any one of the conditions:

1. Fifteen per cent of the revenue control limit if using the proceeds from the sale or lease of school property for the maintenance and operation section of the budget as provided in section 15-1102.

2. Ten per cent of the revenue control limit if using a budget increase as provided in section 15-481, subsection E or F, or both.

3. Five per cent of the revenue control limit if using a budget increase as provided in this section.