Ariz. Admin. Code § R7-6-504 - Donations of Real Property

A. If a school district wishes to receive funding to enable the school district to accept a donation of real property, as authorized under A.R.S. § 41-5741, the school district shall complete and submit to the Board a form that is available on the Board's website and provide information regarding the real property to be donated. If the school district lacks some of the required information and needs funds to verify, gather, and submit the missing information, the school board shall submit a request for the estimated amount to obtain the missing information at the same time the school board submits the available information.

B. At an open meeting and after reviewing the information submitted under subsection (A) and hearing from members of the applicable school district, the Board shall make a decision regarding funding to accept the donation of real property. Before the meeting, the analysis and recommendation of the Board shall be available to Board members and the school district.

C. If the Board approves awarding the school district funds necessary to obtain all required information, the Board shall notify the school district. If the school district accepts the award, the school district may proceed to gather the required information. When the required information is submitted to the Board, the Board shall follow the procedures in subsection (B).

D. If the Board approves funding to enable a school district to accept A donation of real property, the Board shall notify the school district. The school district shall submit to the Board documentation that the governing board accepted donation of the real property and the property title was transferred to the school district. When this documentation is received, the Board shall direct the Division, under A.R.S. § 41-5741(F), to distribute to the school district 20 percent of the fair-market value of the portion of donated property usable for academic purposes.

E. If funds were distributed to a school district under subsection (C) the Board shall make an adjustment for the actual cost at the time of the final distribution. The school district shall provide documentation to the Board of the actual expenditures from the funds provided. An expenditure exceeding $30,000 requires advance approval by the Board.

F. In conducting the analysis under subsection (B) to determine whether real property proposed for donation is appropriate as a school facility site or a school facility, the Board shall consider the following:

1. Location of the real property proposed for donation;

2. School district need for additional square footage to accommodate student capacity;

3. School district need for additional land for a school facility;

4. Usable acres in the proposed donation, taking into consideration the Board's approved range of acreage table;

5. Whether the proposed site donation can accommodate a school facility that meets the minimum adequacy guidelines or whether a proposed facility donation can be developed into a school facility that meets the minimum adequacy guidelines;

6. Estimated development costs;

7. Age and condition of a facility donation; and

8. Portion of the real property that can be used for academic purposes.

G. If the School Facilities Board Staff recommendation is to authorize the district to accept the donation, the Staff shall prepare a recommended 20 percent distribution amount. The 20 percent distribution recommendation will be based on the fair market value of the real property proposed for donation that is usable for academic purposes.

H.G. The Board may waive or modify the requirements of this Section for good cause.

Notes

Ariz. Admin. Code § R7-6-504

New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.