15-1626

15-1626. General administrative powers and
duties of board

A. The board shall:

1. Have and exercise the powers necessary for the effective governance and
administration of the institutions under its control. To that end, the board may adopt,
and authorize each university to adopt, such regulations, policies, rules or measures as
are deemed necessary and may delegate in writing to its committees, to its university
presidents, or their designees, or to other entities under its control, any part of its
authority for the administration and governance of such institutions, including those
powers enumerated in section 15-1625, subsection B, paragraphs 2 and 4, paragraphs 3, 4,
8, 9, 11 and 12 of this subsection and subsection B of this section. Any delegation of
authority may be rescinded by the board at any time in whole or in part.

2. Appoint and employ and determine the compensation of presidents with such power
and authority and for such purposes in connection with the operation of the institutions
as the board deems necessary.

3. Appoint and employ and determine the compensation of vice-presidents, deans,
professors, instructors, lecturers, fellows and such other officers and employees with
such power and authority and for such purposes in connection with the operation of the
institutions as the board deems necessary, or delegate its authority pursuant to
paragraph 1 of this subsection.

4. Remove any officer or employee when the interests of education in this state so
require in accordance with its personnel rules and policies.

5. Fix tuitions and fees to be charged and differentiate the tuitions and fees
between institutions and between residents, nonresidents, undergraduate students,
graduate students, students from foreign countries and students who have earned credit
hours in excess of the credit hour threshold. For the purposes of this paragraph, the
undergraduate credit hour threshold is one hundred forty-five hours for students who
attend a university under the jurisdiction of the board. The undergraduate credit hour
threshold shall be based on the actual full-time equivalent student enrollment counted on
the forty-fifth day of every fall and spring semester, divided by two, and any budget
adjustment based on student enrollment shall occur in the fiscal year following the
actual full-time equivalent student enrollment count. The undergraduate credit hour
threshold shall not apply to degree programs that require credit hours above the credit
hour threshold, credits earned in the pursuit of up to two baccalaureate degrees, credits
earned in the pursuit of up to two state regulated licensures or certificates, credits
earned in the pursuit of teaching certification, credits transferred from a private
institution of higher education, credits transferred from an institution of higher
education in another state, credits earned at another institution of higher education but
that are not accepted as transfer credits at the university where the student is
currently enrolled and credits earned by students who enroll at a university under the
jurisdiction of the board more than twenty-four months after the end of that student's
previous enrollment at a public institution of higher education in this state. On or
before October 15 of each year, the board shall report to the joint legislative budget
committee the number of students who were enrolled at universities under the jurisdiction
of the board during the previous fiscal year who met or exceeded the undergraduate credit
hour threshold prescribed in this paragraph. The amount of tuition, registration fees and
other revenues included in the operating budget for the university adopted by the board
as prescribed in paragraph 13 of this subsection shall be deposited, pursuant to sections
35-146 and 35-147. All other tuition and fee revenue shall be retained by each university
for expenditure as approved by the board, except that the universities shall not use any
tuition or fee revenue to fund or support an alumni association.

6. Except as provided in subsection I of this section, adopt rules to govern its
tuition and fee setting process that provide for the following:

(a) At least one public hearing at each university as an opportunity for students
and members of the public to comment on any proposed increase in tuition or fees.

(b) Publication of the notice of public hearing at least ten days prior to the
hearing in a newspaper of general circulation in Maricopa county, Coconino county and
Pima county. The notice shall include the date, time and location of the public hearing.

(c) Public disclosure by each university of any proposed increases in tuition or
fees at least ten days prior to the public hearing.

(d) Final board action on changes in tuition or fees shall be taken by roll call
vote.

The procedural requirements of subdivisions (a), (b), (c) and (d) of this paragraph apply
only to those changes in tuition or fees that require board approval.

7. Pursuant to section 35-115, submit a budget request for each institution under
its jurisdiction that includes the estimated tuition and fee revenue available to support
the programs of the institution as described in the budget request. The estimated
available tuition and fee revenue shall be based on the tuition and registration fee
rates in effect at the time the budget request is submitted with adjustments for
projected changes in enrollment as provided by the board.

8. Establish curriculums and designate courses at the several institutions that in
its judgment will best serve the interests of this state.

9. Award such degrees and diplomas on the completion of such courses and curriculum
requirements as it deems appropriate.

10. Prescribe qualifications for admission of all students to the universities. The
board shall establish policies for guaranteed admission that assure fair and equitable
access to students in this state from public, private, charter and home schools. For the
purpose of determining the qualifications of honorably discharged veterans, veterans are
those persons who served in the armed forces for a minimum of two years and who were
previously enrolled at a university or community college in this state. No prior failing
grades received by the veteran at the university or community college in this state may
be considered.

11. Adopt any energy conservation standards promulgated by the department of
administration for the construction of new buildings.

12. Employ for such time and purposes as the board requires attorneys whose
compensation shall be fixed and paid by the board. Litigation to which the board is a
party and for which self-insurance is not provided may be compromised or settled at the
direction of the board.

13. Adopt annually an operating budget for each university equal to the sum of
appropriated general fund monies and the amount of tuition, registration fees and other
revenues approved by the board and allocated to each university operating budget.

14. In consultation with the state board of education and other education groups,
develop and implement a program to award honors endorsements to be affixed to the high
school diplomas of qualifying high school pupils and to be included in the transcripts of
pupils who are awarded endorsements. The board shall develop application procedures and
testing criteria and adopt testing instruments and procedures to administer the program.
In order to receive an honors endorsement, a pupil must demonstrate an extraordinary
level of knowledge, skill and competency as measured by the testing instruments adopted
by the board in mathematics, English, science and social studies. Additional subjects may
be added at the determination of the board. The program is voluntary for pupils.

15. Require the publisher of each literary and nonliterary textbook used in the
universities of this state to furnish computer software in a standardized format when
software becomes available for nonliterary textbooks to the Arizona board of regents from
which braille versions of the textbooks may be produced.

16. Require universities that provide a degree in education to require courses that
are necessary to obtain a provisional structured English immersion endorsement as
prescribed by the state board of education.

17. Acquire United States flags for each classroom that are manufactured in the
United States and that are at least two feet by three feet and hardware to appropriately
display the United States flags, acquire a legible copy of the Constitution of the United
States and the Bill of Rights, display the flags in each classroom in accordance with
title 4 of the United States Code and display a legible copy of the Constitution of the
United States and the Bill of Rights adjacent to the flag.

18. To facilitate the transfer of military personnel and their dependents to and
from the public schools of this state, pursue, in cooperation with the state board of
education, reciprocity agreements with other states concerning the transfer credits for
military personnel and their dependents. A reciprocity agreement entered into pursuant to
this paragraph shall:

(a) Address procedures for each of the following:

(i) The transfer of student records.

(ii) Awarding credit for completed course work.

(iii) Permitting a student to satisfy the graduation requirements prescribed in
section 15-701.01 through the successful performance on comparable exit-level assessment
instruments administered in another state.

(b) Include appropriate criteria developed by the state board of education and the
Arizona board of regents.

19. Require a university to publicly post notices of all of its employment openings,
including the title and description, instructions for applying and relevant contact
information.

20. In consultation with the community college districts in this state, develop and
implement common equivalencies for specific levels of achievement on advanced placement
examinations and international baccalaureate examinations in order to award commensurate
postsecondary academic credits at community colleges and public universities in this
state.

B. The board shall adopt personnel rules. All nonacademic employees of the
universities are subject to these rules except for university presidents, university
vice-presidents, university deans, legal counsel and administrative officers. The
personnel rules shall be similar to the personnel rules under section 41-783. The rules
shall include provisions for listing available positions with the department of economic
security, competitive employment processes for applicants, probationary status for new
nonacademic employees, nonprobationary status on successful completion of probation and
due process protections of nonprobationary employees after discharge. The board shall
provide notice of proposed rule adoption and an opportunity for public comment on all
personnel rules proposed for adoption.

C. In conjunction with the auditor general, the board shall develop a uniform
accounting and reporting system, which shall be reviewed by the joint legislative budget
committee before final adoption by the board. The board shall require each university to
comply with the uniform accounting and reporting system.

D. The board may employ legal assistance in procuring loans for the institutions
from the United States government. Fees or compensation paid for such legal assistance
shall not be a claim on the general fund of this state but shall be paid from funds of
the institutions.

E. The board shall approve or disapprove any contract or agreement entered into by
the university of Arizona hospital with the Arizona health facilities authority.

F. The board may adopt policies that authorize the institutions under its
jurisdiction to enter into employment contracts with nontenured employees for periods of
more than one year but not more than five years. The policies shall prescribe limitations
on the authority of the institutions to enter into employment contracts for periods of
more than one year but not more than five years, including the requirement that the board
approve the contracts.

G. The board may adopt a plan or plans for employee benefits that allow for
participation in a cafeteria plan that meets the requirements of the United States
internal revenue code of 1986.

H. The board may establish a program for the exchange of students between the
universities under the jurisdiction of the board and colleges and universities located in
the state of Sonora, Mexico. Notwithstanding subsection A, paragraph 5 of this section,
the program may provide for in-state tuition at the universities under the jurisdiction
of the board for fifty Sonoran students in exchange for similar tuition provisions for up
to fifty Arizona students enrolled or seeking enrollment in Sonoran colleges or
universities. The board may direct the universities to work in conjunction with the
Arizona-Mexico commission to coordinate recruitment and admissions activities.

I. Subsection A, paragraph 6, subdivisions (a), (b), (c) and (d) of this section do
not apply to fee increases that are set by individual universities and that do not
require approval by the Arizona board of regents before the fee increase becomes
effective.