HB2732 - 492R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-701, Arizona Revised Statutes, is amended to read:

START_STATUTE15-701. Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit

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. 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 Arizona instrument to measure standards test, or a successor test, that demonstrates that the pupil is reading far below the third grade level.

(b) A Mechanism to allow a school district governing board to promote a pupil from the third grade who obtains a score on the reading portion of the Arizona instrument to measure standards test, or a successor test, that demonstrates that the PUPIL is reading far below the third grade level for any of the following good cause exemptions:

(i) The pupil is a child with a disability as defined in section 15‑761 and did not take the Arizona instrument to measure standards test, or a successor test.

(ii) The pupil is a child with a disability as defined in section 15‑761, has taken the Arizona instrument to measure standards test, or a successor test, and has been previously retained in a grade.

(iii) 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.

(iv) The pupil has a reading deficiency and has been previously retained twice in a grade.

(v) The pupil has demonstrated reading proficiency on an alternate assessment approved by the state board of education.

(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 shall offer at least three 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 shall choose the 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.

3. 4. 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 insuring ensuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.

B. Pursuant to the guidelines which 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.

C. The governing board may prescribe the course of study and competency requirements for promotion which that are in addition to or higher than the course of study and competency requirements which the state board prescribes.

D. A teacher shall determine whether to promote or retain a pupil in grade in a common school as provided in section 15‑521, paragraph 3 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.

E. 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.

F. A governing board may request certificates of promotion from the county school superintendent. If a governing board requests these certificates from the county school superintendent, the county school superintendent shall furnish and sign the certificates.

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. END_STATUTE

Sec. 2. Task force on reading assessment; delayed repeal

A. The task force on reading assessment is established consisting of the following members from diverse urban and rural areas who are appointed by the state board of education:

1. Two classroom teachers who provide instruction in grade one, two or three and who are employed by a school district in this state.

2. A person who is employed by the department of education.

3. A school district curriculum specialist.

4. A higher education literacy specialist.

5. An officer or employee of a charter school in this state.

6. A member of the public.

B. The state board of education shall select one of the appointed members to serve as the task force chairperson.

C. The task force shall:

1. Examine the experiences and outcomes of other states that have adopted reading tests that are required for the promotion of pupils from grade three.

2. Develop methodologies, models and other recommendations for an assessment that will measure pupils' reading abilities in grades one and two. The recommended reading assessment shall rely on the following concepts:

(a) Phonics.

(b) Phonemic awareness.

(d) Fluency.

(e) Vocabulary.

3. Submit a written report that contains the task force's findings and recommendations on or before January 15, 2011 to the state board of education, the governor, the speaker of the house of representatives and the president of the senate. The task force shall provide a copy of this report to the secretary of state.

D. The task force may use the services and expertise of the staff of the legislature and the staff of the department of education.

E. This section is repealed from and after September 15, 2011.