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Arizona Revised Statutes |
Admission Requirements
15-824 - Admission of pupils of other school districts; homeless children;
tuition charges; definitions
A. The governing board of a school district shall admit pupils from
another school district or area as follows:
1. Upon the presentation of a certificate of educational convenience
issued by the county school superintendent pursuant to section 15-825.
2. To a high school without the presentation of such certificate, if the
pupil is a resident of a common school district within this state which is
not within a high school district and which does not offer instruction in
the pupil's grade. Tuition shall be charged as prescribed in subsection E
of this section for each pupil admitted pursuant to this paragraph, each
pupil from a school district that provides only financing for pupils who
are instructed by another school district and each pupil from a unified
district that does not offer instruction in the pupil's grade. The school
membership of such pupils is deemed, for the purpose of determining
student count and for apportionment of state aid, to be enrollment in the
school district of the pupil's residence.
B. The residence of the person having legal custody of the pupil is
considered the residence of the pupil, except as provided in subsection C
of this section and in section 15-825, subsection B.
C. The current residence of a homeless pupil who does not reside
with the person having legal custody of the pupil is considered to be the
residence of the homeless pupil if the person having legal custody
of the pupil is a resident of the United States. For the purposes of this
subsection, "homeless pupil" means a pupil who has a
primary residence that is:
1. A supervised publicly or privately operated shelter designed to provide
temporary living accommodations.
2. An institution that provides a temporary residence for individuals
intended to be institutionalized.
3. A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
D. The school enrollment of a pupil who is a resident of this state or who
is admitted to a school district under section 15-823, subsection B, C or
E is deemed, for the purpose of determining student count and for
apportionment of state aid, to be enrollment in the school district of
actual attendance, except as provided in section 15-825, subsection A,
paragraph 1 and subsection A, paragraph 2 of this section and except for
pupils for whom the superintendent of public instruction is charged
tuition pursuant to section 15-825, subsections B and D and section 15-976
or for whom another school district is charged tuition as provided in
subsections E and G of this section.
E. If tuition is required to be charged for pupils attending school in a
school district other than that of their residence, the tuition shall be
determined and paid in the following manner:
1. The number of high school pupils for which tuition may be charged to a
common school district which is not within a high school district is equal
to the average daily membership in the district of attendance from the
common school district for the prior fiscal year, except that for the
first year in which a common school district not within a high school
district stops teaching high school subjects, the district of attendance
may charge tuition for the number of pupils which is equal to the average
daily membership for high school pupils in the common school district for
the prior fiscal year. This number may be adjusted if the common school
district increases its revenue control limit and district support level or
recomputes its revenue control limit as provided in section 15-948.
2. The tuition for pupils attending school in a school district other than
that of their residence, except pupils provided for by section 15-825,
subsections B and D and any pupils included in the definition of child
with a disability in section 15-761, shall not exceed the cost per student
count of the school district attended, as determined for the current
school year. Tuition for pupils included in the definition of child with a
disability in section 15-761 shall not exceed the actual cost of the
school attended for each pupil as determined for the current year. The
school district of attendance shall not include in the cost per student
count a charge for transportation if no transportation is provided, and
the charge for transportation shall not exceed the actual costs of
providing transportation for the pupils served, as prescribed in the
uniform system of financial records. The school district of attendance
shall provide the school district of residence with the final tuition
charge for the current year and with an estimate of the budget year's
tuition charge by May 1 of the current year. The school district of
residence shall pay at least one-fourth of the total amount of the
estimated tuition by September 30, December 31 and March 31, and it shall
pay the remaining amount it owes after adjustments are made by June 30.
3. Tuition of pupils as provided in section 15-825, subsection D shall not
exceed the excess costs for group B children with disabilities in the cost
study prescribed in section 15-236 minus the amount generated by the
equalization base as determined in section 15-971, subsection A for these
pupils. A school district may submit to the superintendent of public
instruction a record of actual excess costs to educate a group B child
with a disability if the costs are higher than the calculated excess costs
or if a pupil has been placed in a private school for special education
services. The superintendent shall determine if the additional costs will
be paid, and if the costs are paid, whether the additional costs will be
paid by the state or the resident district.
4. The amount received representing contributions to capital outlay as
provided in subsection G, paragraph 2 of this section shall be applied to
the capital outlay fund or the debt service fund of the school district.
5. The amount received representing contributions to debt service as
provided in subsection G, paragraphs 3 and 4 of this section shall be
applied to the debt service fund of the school district if there is one.
Otherwise such amount shall be credited to the capital outlay fund of the
school district.
F. A school district may submit to the superintendent of public
instruction a record of actual costs paid by the school district to
educate a pupil who qualifies for a certificate of educational convenience
under section 15-825, subsection B. If the actual costs for that pupil
exceed the costs per student count computed pursuant to subsection G of
this section, the superintendent of public instruction shall reimburse the
school district for these additional costs subject to legislative
appropriation.
G. For the purposes of this section:
1. "Costs per student count" means the sum of the following for
the common or high school portion of the school district attended,
whichever is applicable to the pupil involved, as prescribed in the
uniform system of financial records:
(a) The actual school district expenditures for the regular education
program subsection of the maintenance and operation section of the budget
divided by the school district's student count for the common or high
school portion of the school district, whichever is applicable.
(b) The actual school district expenditures for the capital outlay section
of the budget as provided in sections 15-903 and 15-905 excluding
expenditures for transportation equipment and buildings if no
transportation is provided and expenditures for the acquisition of
building sites, divided by the school district's student count for the
common or high school portion of the school district, whichever is
applicable.
(c) The actual school district expenditures for debt service divided by
the school district's student count for the common or high school portion
of the school district, whichever is applicable.
(d) The result obtained in subdivision (c) of this paragraph shall not
exceed:
(i) Seven hundred fifty dollars if the pupil's school district of
residence pays tuition for seven hundred fifty or fewer pupils to other
school districts or one hundred fifty dollars if the state pays tuition
for seven hundred fifty or fewer pupils to a school district pursuant to
section 15-825, subsection D or section 15-976.
(ii) Eight hundred dollars if the pupil's school district of residence
pays tuition for one thousand or fewer, but more than seven hundred fifty,
pupils to other school districts or two hundred dollars if the state pays
tuition for one thousand or fewer, but more than seven hundred fifty,
pupils to a school district pursuant to section 15-825, subsection D or
section 15-976.
(iii) The actual cost per student count if either the pupil's school
district of residence or the state pays tuition for more than one thousand
pupils to other school districts.
2. "Legal custody" means:
(a) Custody exercised by the natural or adoptive parents with whom a pupil
resides.
(b) Custody granted by order of a court of competent jurisdiction to a
person or persons with whom a pupil resides unless the primary purpose for
which custody was requested was to circumvent the payment of tuition as
provided in this section.
Source
Title 15 - Education, CHAPTER 8 - SCHOOL ATTENDANCE, Article 2 -
Admission Requirements, 15-824 - Admission of pupils of other school
districts; homeless children; tuition charges; definitions. (n.d.)
Retrieved August 8, 2001, from http://www.azleg.state.az.us/ars/15/00824.htm
