Select a different bill

SB 1161 - School facilities; revisions

Tracking Level: Neutral
Sponsor: Sonny Borrelli (R)
Last Action: 5/22/2019 - Chapter 247
Senate Committee: Appropriations
House Committee: Rules
Assigned To:
Miscellaneous Next Bill

Staff Analysis of the Legislation

This bill requires the SFB and Arizona Department of Administration to annually publish a list of vacant and partially used buildings owned by the state or by school districts, that may be suitable for school operations.

States that buildings used for special education services, preschool programs, schools open for less than five years or magnet schools may not be qualified as vacant or partially used. Only applies to less than 25% of the district school buildings.

Requires the SFB to make the list publicly available on its site and, upon request, to:

1.       Charter school applicants;

2.       SFB applicants who are applying for additional space; and

3.       Existing school districts and charter schools.

Requires the list prepared by SFB to include:

1.       The address of each building;

2.       A short description of each building;

3.       The building owners name; and

4.       Any other pertinent information related to the vacancy and capacity of each building.

Requires the list to be summitted annually to the Governor, President of the Senate and Speaker of the House, as well as provided for the Secretary of State and the State Board for Charter Schools.

Prohibits a district from restricting a charter school or private school from negotiating to buy or lease a property, for sale or lease by a school district, in the same manner as other potential buyers.

Requires the SFB to establish reporting guidelines for districts to report any school or school buildings that are vacant or partially used. SFB must inspect school buildings to ensure the accuracy of these reports.

Prohibits a school district from accepting an offer for the sale or lease of the vacant or partially used building that is less than an offer from a charter or private school.

Clarifies that a school district governing board:

  1. Is not required to call an election for the sale or lease of a building or a partially used building if it has been vacant or partially used for at least 3 years.
  2. May call an election to lease, as lessor or as lessee, school buildings and grounds for 20 years or more; and 
  3. Must call a special election if it does not enter into a lease of 20 or more years for the school buildings or grounds listed on the ballot within 20 years of the date of the election and continues to seek this lease. 

Specifies that an owner of a building is not required to sell or lease the building to any prospective buyer or tenant because of being included on the list.

Prohibits an owner on the list from withdrawing the property from sale solely because a charter or private school is the highest bidder.

Allows a lease to be terminated or renewed and requires a building owner to justify a proposed increase to the lessee, which may include considerations for the percentage of revenue dedicated to:

1.       educational facilities;

2.       inflators related to student enrollment increases;

3.       the annual gross domestic product price deflator.

4. expenses for building and parking lot maintenance and upgrades. 

Allows a school district to sell used equipment to a charter or private school, prior to selling or disposing of the equipment by other means.

Allows a school district to form a partnership, according to a written agreement, with a charter school, another school district or a military base to:

1.       operate a school;

2.       offer educational services in a district building, including a vacant or partially used building;

3.       offer educational services in any building on the entity's property.

Allows a school district governing board to:

1.       enter into leases or lease-purchase agreements for school buildings or grounds for periods of less than 20 years, rather than 15 years, that are subject to voter approval for school building construction as prescribed; or

2.       sell school sites or enter into leases or lease-purchase agreements for school buildings and grounds for a period of 20 years or more, rather than 15 years or more, if authorized by a vote of the school district electors.

 Requires a special election to reauthorize the governing board to negotiate a lease, if the lease is not entered into within 20 years, rather than 10 years, of the election date.

Exempts, from being subject to approval at an election, the sale or lease of a school building or the lease of a portion of a building if the building is vacant or partially used for at least three years.

 Exempts buildings used for career and technical education from the definiton of a partially used building.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text / PDF

School facilities; revisions


School facilities; revisions

Introduction Date:

Wednesday, January 23, 2019