FREE CONFERENCE COMMITTEE AMENDMENTS TO H.B. 2108
(Reference to Senate engrossed House bill)
Page 5, strike lines 38 through 44
Strike pages 6 through 8
Page 9, strike lines 1 through 15, insert:
"Sec. 3. Section 15-701, Arizona Revised Statutes, is amended to read:
15-701. Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit; definition
A. The state board of education shall:
1. Prescribe a minimum course of study, as defined in section 15‑101 and incorporating the academic standards adopted by the state board of education, to be taught in the common schools.
2. Prescribe competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. Notwithstanding section 15‑521, paragraph 4, The competency requirements for the promotion of pupils from the third grade shall include the following:
(a) A requirement that a pupil not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level or the equivalent as established by the board. A pupil may not be retained if data regarding the pupil's performance on the statewide assessment is not available before the start of the following academic year. A pupil who is not retained due to the unavailability of test data must receive intervention and remedial strategies pursuant to subdivision (c) of this paragraph if the third grade assessment data subsequently demonstrates that the pupil's reading ability falls far below the third grade level or the equivalent.
(b) A mechanism to allow a school district governing board or the governing body of a charter school to promote a pupil from the third grade who obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level for any of the following:
(i) A good cause exemption if the pupil is an English learner or a limited English proficient student as defined in section 15‑751 and has had fewer than two years of English language instruction.
(ii) A pupil who is in the process of a special education referral or evaluation for placement in special education, a pupil who has been diagnosed as having a significant reading impairment, including dyslexia, or a pupil who is a child with a disability as defined in section 15‑761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program.
(iii) A pupil who receives intervention and remedial services during the summer or subsequent school year pursuant to subdivision (c) of this paragraph and demonstrates sufficient progress may be promoted from the third grade based on guidelines issued pursuant to subsection B, paragraph 5 of this section.
(c) Intervention and remedial strategies developed by the state board of education for pupils who are not promoted from the third grade. A school district governing board or the governing body of a charter school shall offer at least one of the intervention and remedial strategies developed by the state board of education. The parent or guardian of a pupil who is not promoted from the third grade and the pupil's teacher and principal may choose the most appropriate intervention and remedial strategies that will be provided to that pupil. The intervention and remedial strategies developed by the state board of education shall include:
(i) A requirement that the pupil be assigned to a different teacher for reading instruction.
(ii) Summer school reading instruction.
(iii) In the next academic year, intensive reading instruction that occurs before, during or after the regular school day, or any combination of before, during and after the regular school day.
(iv) Online reading instruction.
3. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one through three that is designed to identify pupils who have reading deficiencies pursuant to section 15‑704.
4. Develop intervention and remedial strategies pursuant to paragraph 2, subdivision (c) of this subsection for pupils in kindergarten programs and grades one through three who are identified as having reading deficiencies pursuant to section 15‑704.
5. Distribute guidelines for the school districts to follow in prescribing criteria for the promotion of pupils from grade to grade in the common schools. These guidelines shall include recommended procedures for ensuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.
B. School districts and charter schools shall provide annual written notification to parents of pupils in kindergarten programs and first, second and third grades that a pupil who obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level will not be promoted from the third grade. If the school has determined that the pupil is substantially deficient in reading before the end of grade three, the school district or charter school shall provide to the parent of that pupil a separate written notification of the reading deficiency that includes the following information:
1. A description of the current reading services provided to the pupil.
2. A description of the available supplemental instructional services and supporting programs that are designed to remediate reading deficiencies. Each school district or charter school shall offer at least one intervention strategy and at least one remedial strategy for pupils with reading deficiencies. The notification shall list the intervention and remedial strategies offered and shall instruct the parent or guardian to choose the strategy that will be implemented for that child.
3. Parental strategies to assist the pupil to attain reading proficiency.
4. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption pursuant to subsection A of this section.
5. A description of the school district or charter school policies on midyear promotion to a higher grade.
C. Pursuant to the guidelines that the state board of education distributes, the governing board of a school district shall:
1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section.
2. Prescribe criteria for the promotion of pupils from grade to grade in the common schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance.
D. The governing board may prescribe the course of study and competency requirements for promotion that are in addition to or higher than the course of study and competency requirements the state board prescribes.
E. A teacher shall determine whether to promote or retain a pupil in grade in a common school as provided in section 15‑521, paragraph 4 on the basis of the prescribed criteria. The governing board, if it reviews the decision of a teacher to promote or retain a pupil in grade in a common school as provided in section 15‑342, paragraph 11, shall base its decision on the prescribed criteria.
F. A governing board may provide and issue certificates of promotion to pupils whom it promotes from the eighth grade of a common school. Such certificates shall be signed by the principal or superintendent of schools. Where there is no principal or superintendent of schools, the certificates shall be signed by the teacher of an eighth grade. The certificates shall admit the holders to any high school in the state.
G. Within any high school district or union high school district, the superintendent of the high school district shall supervise the work of the eighth grade of all schools employing no superintendent or principal.
H. A school district shall not deny a pupil who is between the ages of sixteen and twenty‑one years admission to a high school because the pupil does not hold an eighth grade certificate. Governing boards shall establish procedures for determining the admissibility of pupils who are under sixteen years of age and who do not hold eighth grade certificates.
I. The state board of education shall adopt rules to allow common school pupils who can demonstrate competency in a particular academic course or subject to obtain academic credit for the course or subject without enrolling in the course or subject.
J. A school district may conduct a ceremony to honor pupils who have been promoted from the eighth grade.
K. For the purposes of this section, "dyslexia" means a brain-based learning difference that impairs a person's ability to read and spell, that is independent of intelligence and that typically causes a person to read at levels lower than expected."
Page 12, strike lines 31 through 45
Strike page 13
Page 14, strike lines 1 through 37, insert:
"Sec. 5. Section 15-746, Arizona Revised Statutes, is amended to read:
15-746. School report cards
A. Each school shall distribute an annual report card that contains at least the following information:
1. A description of the school's regular, magnet and special instructional programs.
2. A description of the current academic goals of the school.
3. A summary of the results achieved by pupils enrolled at the school during the prior three school years as measured by the statewide assessment and the nationally standardized norm‑referenced achievement test as designated by the state board and as reported in the annual report prescribed by section 15‑743, a summary of the pupil progress on an ongoing and annual basis, showing the trends in gain or loss in pupil achievement over time in reading, language arts and mathematics for all years in which pupils are enrolled in the school district for an entire school year and for which this information is available and a summary of the pupil progress for pupils who are not enrolled in a district for an entire school year.
4. The school's current expenditures per pupil for classroom supplies, classroom instruction, excluding classroom supplies, administration, support services‑students, and all other support services and operations. The current expenditures per pupil by school shall include allocation of the district‑wide expenditures to each school, as provided by the district. The report shall include a comparison of the school to the state amount for a similar type of district as calculated in section 15‑255. The method of calculating these per pupil amounts and the allocation of expenditures shall be as prescribed in the uniform system of financial records.
5. The attendance rate of pupils enrolled at the school as reflected in the school's average daily membership as defined in section 15‑901.
6. The total number of incidents that occurred on the school grounds, at school bus stops, on school buses and at school‑sponsored events and that required the contact of a local, county, tribal, state or federal law enforcement officer pursuant to section 13‑3411, subsection F, section 13‑3620, section 15‑341, subsection A, paragraph 31 30 or section 15‑515. The total number of incidents reported shall only include reports that law enforcement officers report to the school are supported by probable cause. For the purposes of this paragraph, a certified peace officer who serves as a school resource officer is a law enforcement officer. A school may provide clarifying information if the school has a school resource officer on campus.
7. The percentage of pupils who have either graduated to the next grade level or graduated from high school.
8. A description of the social services available at the school site.
9. The school calendar, including the length of the school day and hours of operations.
10. The total number of pupils enrolled at the school during the previous school year.
11. The transportation services available.
12. A description of the responsibilities of parents of children enrolled at the school.
13. A description of the responsibilities of the school to the parents of the children enrolled at the school, including dates the report cards are delivered to the home.
14. A description of the composition and duties of the school council as prescribed in section 15‑351 if such a school council exists.
15. For the most recent year available, the average current expenditure per pupil for administrative functions compared to the predicted average current expenditure per pupil for administrative functions according to an analysis of administrative cost data by the joint legislative budget committee staff.
16. If the school provides instruction to pupils in kindergarten programs and grades one through three, the ratio of pupils to teachers in each classroom where instruction is provided in kindergarten programs and grades one through three.
17. The average class size per grade level for all grade levels, kindergarten programs and grades one through eight. For the purposes of this paragraph, "average class size" means the weighted average of each class.
B. The department of education shall develop a standardized report card format that meets the requirements of subsection A of this section. The department shall modify the standardized report card as necessary on an annual basis. The department shall distribute to each school in this state a copy of the standardized report card that includes the required test scores for each school. Additional copies of the standardized report card shall be available on request.
C. After each school has completed the report card distributed to it by the department of education, the school, in addition to distributing the report card as prescribed in subsection A of this section, shall send a copy of the report card to the department. The department shall prepare an annual report that contains the report card from each school in this state.
D. The school shall distribute report cards to parents of pupils enrolled at the school, no later than the last day of school of each fiscal year, and shall present a summary of the contents of the report cards at an annual public meeting held at the school. The school shall give notice at least two weeks before the public meeting that clearly states the purposes, time and place of the meeting."
Page 16, after line 31, insert:
"Sec. 7. Department of education; recalculation of student count; repayment of tuition; retroactivity
A. The department of education shall recalculate the student count for a union high school district in a county with a population of less than four hundred thousand persons for students who had previously been enrolled and previously paid tuition and who were subsequently determined to be eligible for state aid pursuant to sections 15-823 and 15-824, Arizona Revised Statutes. Notwithstanding section 15-915, subsection C, Arizona Revised Statutes, the department shall reimburse that school district for state aid in a corresponding amount.
B. A union high school district shall remit any state aid reimbursements it receives pursuant to subsection A of this section to persons who previously paid tuition for a student to attend the school district who was subsequently determined to be eligible for state aid pursuant to sections 15-823 and 15-824, Arizona Revised Statutes. A union high school district shall provide any necessary information to the department but may not be further audited, required to revise its budget or annual financial report or be subject to further action under section 15-915, Arizona Revised Statutes, for the actions taken by the department to retroactively recalculate the student count of that school district pursuant to subsection A of this section.
C. This section applies retroactively to from and after June 30, 2013."
Amend title to conform