Section R7-6-504. Donations of Real Property

A.      A school district seeking to acquire real property by donation pursuant to A.R.S. § 15-2041 shall complete the school site and school facility donation information requirements form and submit the form to the School Facilities Board. The infor- mation requested on the form for land shall include, among other items, a district map identifying existing school sites and facilities, student population and the location of the donation. The information requested on the form for a facility shall include, among other items, the size of the facility, grade lev- els served and location. If all of the information required is not available and if a school district needs monies to verify, gather and submit the information required, it shall submit a cost esti- mate at the same time it submits the information that is avail- able.

B.       If all information is available, the School Facilities Board staff shall analyze the request to accept the donation and make a recommendation to the Board. If all information is not avail- able, the School Facilities Board staff shall analyze the request on the basis of whether the school district should be awarded the funds necessary to complete the information gathering pro- cess, and shall make a recommendation to the Board. At the time the Board is making its decision, the staff analysis and recommendation shall be available to the School Facilities Board members and the applicant school district. The appli- cant school district may address the Board.

C.      If the Board approval is to award funds necessary to complete the information gathering process, the district shall be notified by the Board Staff and upon acceptance may proceed to gather the additional information required. Once the additional infor- mation is submitted to the Board, the Staff shall analyze the request to accept the donation and make a recommendation to the Board as stated in subsection (B).

D.      If the Board approves the district request to accept the dona- tion, the Board staff shall notify the district. The distribution of 20 percent of the value of the accepted donation pursuant to

A.R.S. § 15-2041 shall be awarded to the school district upon notification to the Board that the donation has been accepted by the district. The district shall submit documentation of its governing board action and documentation that the property title has been transferred to the district. Upon receipt of this documentation Board staff shall be authorized to distribute the approved 20 percent amount.

E.       If monies were distributed to the district to verify, gather and submit the information required based on an estimated cost, an adjustment for the actual cost shall be made at the time of the final distribution. The district shall provide documentation to the Board of the actual expenditures from the monies pro- vided. Expenditures exceeding any amounts provided pursuant to R7-6-503(C)(3) shall require approval by the Board.

F.       In determining whether the real property proposed for dona- tion is at an appropriate  school site, the  School Facilities Board Staff analysis shall be based on the following:

1.        Location of the proposed donation of real property.

2.        District needs for additional student capacity.

3.        District needs for additional land (for site donations only).

4.        Usable acres proposed for donation, taking into consider- ation School Facilities Board adopted usable acreage requirements.

5.        The ability of a proposed site donation to accommodate a school facility that meets the minimum adequacy guide- lines (for site donations only), or the adequacy of a pro- posed school facility donation.

6.        Estimated site development costs.

7.        Age and condition of the real property (for facility dona- tion only).

8.        Portion of 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 pre- pare 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.      The Board may waive or modify the requirements of this Sec- tion for good cause.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

287, effective June 7, 2001 (Supp. 01-4).