FOR CAUCUS & FLOOR ACTION

AMENDED

ARIZONA STATE SENATE

RESEARCH STAFF

CHRISTINA ESTES-WERTHER

LEGISLATIVE  RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 926 -3171

Facsimile: (602) 926 -3833

TO:                  MEMBERS OF THE SENATE

DATE:                        June 17, 2009

SUBJECT:      Strike everything amendment to S.B. 1069, relating to schools;

course instruction; prohibition

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Purpose

            Prohibits Arizona schools from instruction in ethnic studies aimed at a particular group or that advocate ethnic solidarity.

Background

            The State Board of Education (SBE) must prescribe a minimum course of study, incorporating Arizona’s academic standards, to be taught in Arizona public schools (A.R.S. §§ 15-701, 15-702).  School district governing boards must approve the course of study, including the basic textbook for each approved course and all other units recommended for credit before implementing each course in both elementary and high school in accordance with minimum course of study prescribed by the SBE  (A.R.S. §§ 15-721, 15-722).  Additionally, pursuant to A.R.S.  § 15-701.01, a governing board may adopt courses of study that are in addition to or higher than that prescribed by the SBE.

            There is no anticipated fiscal impact to the state General Fund.

Provisions

1. Prohibits a school district or charter school in Arizona from including in program instruction, any courses or classes that either:

a) are designed primarily for pupils of a particular ethnic group.

b) advocate ethnic solidarity instead of the treatment of pupils as individuals.

2. Requires, following a determination by the Superintendent of Public Instruction (Superintendent) that the school district or charter school is violating the prohibition, the Superintendent to notify the school district or charter school.

3. Allows, if the school district has failed to comply within 60 days after a notice was issued, the Superintendent to direct the Arizona Department of Education (ADE) to withhold up to ten percent of the monthly apportionment of state aid due to the school district or charter school.

4. Requires ADE to adjust the school district or charter school’s apportionment accordingly.

5. Requires, when the Superintendent determines that the school district or charter school is in compliance with the program requirements, the ADE to restore the full amount of state aid payments to the school district or charter school.

6. Specifies the prohibition on ethnic studies are not to be construed to restrict or prohibit courses or classes for Native American pupils that are required to comply with federal law or the grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.

7. Contains a declaration of policy.

8. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Adopted the strike everything amendment.

Senate Action

JUD                 6/15/09     DPA/SE     4-3-0-0

CEW/jas