SB1452 - 501R

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

Section 1. Section 15-101, Arizona Revised Statutes, is amended to read:

START_STATUTE15-101. Definitions

In this title, unless the context otherwise requires:

1. "Accommodation school" means either:

(a) A school which that is operated through the county board of supervisors and the county school superintendent and which that the county school superintendent administers to serve a military reservation or territory which that is not included within the boundaries of a school district.

(b) A school that provides educational services to homeless children or alternative education programs as provided in section 15‑308, subsection B.

(c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.

2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.

3. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.

4. "Charter school" means a public school established by contract with a district governing board, the state board of education or the state board for charter schools pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.

5. "Child with a disability" means a child with a disability as defined in section 15‑761.

6. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.

7. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.

8. "Competency" means a demonstrated ability in a skill at a specified performance level.

9. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools.

10. "Course of study" means a list of required and optional subjects to be taught in the schools.

11. "Dual enrollment course" means a college level course that is conducted on the campus of a high school or on the campus of a joint technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.

12. "Fiscal year" means the year beginning July 1 and ending June 30.

13. "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school.

14. "Hybrid e‑learning" means a blending and integration of traditional teacher led classroom instruction and pupil support with teacher led and supported pupil-centered e‑learning using digital technology.

14. 15. "Lease" means an agreement for conveyance and possession of real or personal property.

15. 16. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes.

16. 17. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.

17. 18. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.

18. 19. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.

19. 20. "Private school" means a nonpublic institution where instruction is imparted.

20. 21. "School" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve.

21. 22. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.

22. 23. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long‑term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.

23. 24. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra.END_STATUTE

Sec. 2. Section 15-203, Arizona Revised Statutes, is amended to read:

START_STATUTE15-203. Powers and duties

A. The state board of education shall:

1. Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.

2. Keep a record of its proceedings.

3. Make rules for its own government.

4. Determine the policy and work undertaken by it.

5. Appoint its employees, on the recommendation of the superintendent of public instruction.

6. Prescribe the duties of its employees if not prescribed by statute.

7. Delegate to the superintendent of public instruction the execution of board policies and rules.

8. Recommend to the legislature changes or additions to the statutes pertaining to schools.

9. Prepare, publish and distribute reports concerning the educational welfare of this state.

10. Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.

11. Aid in the enforcement of laws relating to schools.

12. Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13. Prescribe minimum course of study and competency requirements for the graduation of pupils from high school. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

14. Supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification, including rules for certification of teachers who have teaching experience and who are trained in other states, which are not unnecessarily restrictive and are substantially similar to the rules prescribed for the certification of teachers trained in this state. The rules shall:

(a) Allow a variety of alternative teacher and administrator preparation programs, with variations in program sequence and design, to apply for program approval. The state board shall adopt rules pursuant to this subdivision designed to allow for a variety of formats and shall not require a prescribed answer or design from the program provider in order to obtain approval from the state board. The state board shall evaluate each program provider based on the program's ability to prepare teachers and administrators and to recruit teachers and administrators with a variety of experiences and talents. The state board shall permit universities under the jurisdiction of the Arizona board of regents, community colleges in this state, private postsecondary institutions licensed by this state, school districts, charter schools and professional organizations to apply for program approval and shall create application procedures and certification criteria that are less restrictive than those for traditional preparation programs. Alternative preparation program graduates shall:

(i) Hold a bachelor's degree from an accredited postsecondary education institution.

(ii) Demonstrate professional knowledge and subject knowledge proficiency pursuant to section 15‑533.

(iii) Obtain a fingerprint clearance card pursuant to section 15-534.

(iv) Complete training in structured English immersion as prescribed by the state board.

(v) Complete training in research based systematic phonics instruction as prescribed in subdivision (b) of this paragraph.

(vi) Demonstrate the required proficiency in the constitutions of the United States and Arizona as prescribed in section 15‑532.

(b) Require applicants for all certificates for common school instruction to complete a minimum of forty‑five classroom hours or three college level credit hours, or the equivalent, of training in research based systematic phonics instruction from a public or private provider.

(c) Not require a teacher to obtain a master's degree or to take any additional graduate courses as a condition of certification or recertification.

(d) Allow a general equivalency diploma to be substituted for a high school diploma in the certification of emergency substitute teachers.

(e) Allow but shall not require the superintendent of a school district to obtain certification from the state board of education.

15. Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title. The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.

16. Adopt rules governing the methods for the administration of all proficiency examinations.

17. Adopt proficiency examinations for its use. The state board of education shall determine the passing score for the proficiency examination.

18. Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.

19. Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications. The standards shall not require the business manager of a school district to obtain certification from the state board of education.

20. Impose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, upon a finding of immoral or unprofessional conduct.

21. Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title.

22. Adopt a rule to promote braille literacy pursuant to section 15‑214.

23. Adopt rules prescribing procedures for the investigation by the department of education of every written complaint alleging that a certificated person has engaged in immoral conduct.

24. For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.

25. Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education. The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.

26. Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:

We hold these truths to be self‑evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .

27. Adopt rules that provide for teacher certification reciprocity. The rules shall provide for a one year reciprocal teaching certificate with minimum requirements, including valid teacher certification from a state with substantially similar criminal history or teacher fingerprinting requirements and proof of the submission of an application for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. for teachers who provide Arizona online instruction pursuant to section 15‑808, the rules shall allow automatic certification reciprocity with other states with similar programs.

28. Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:

(a) Currently resides in this state.

(b) Provides documented evidence from the Arizona department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

29. Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

30. Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated persons.

31. Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school. A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service. For the purposes of this paragraph, "community service" may include service learning. The guidelines shall include the following:

(a) A list of the general categories in which community service may be performed.

(b) A description of the methods by which community service will be monitored.

(d) Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form. The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.

(e) Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service. The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school. The pupil may alter the written proposal at any time before performing community service.

(f) Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.

32. To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, 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.

33. Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services. The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.

34. For each of the alternative textbook formats of human-voiced audio, large-print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state. Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats. The board shall post the designated list of alternative media producers on its website.

35. Adopt a list of approved professional development training providers for use by school districts as provided in section 15-107, subsection J. The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.

36. Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15-183, subsection C, paragraph 8 or section 15‑550, subsection C from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41‑1758.03, subsection B. The board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card surrender requirements prescribed in section 15-183, subsection C, paragraph 9 or section 15‑550, subsection D from certification pursuant to this title for at least ten years after the date of the violation.

37. Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.

38. On or before December 15, 2011, adopt and maintain a model framework for a teacher and principal evaluation instrument that includes quantitative data on student academic progress that accounts for between thirty‑three per cent and fifty per cent of the evaluation outcomes and best practices for professional development and evaluator training. School districts and charter schools shall use an instrument that meets the data requirements established by the state board of education to annually evaluate individual teachers and principals beginning in school year 2012-2013.

39. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, In cooperation with the department of education, the Arizona e‑learning task force, the Arizona board of regents and universities that provide teacher training programs, develop and issue a separate certification endorsement for teachers who provide instruction in hybrid e‑learning. The hybrid e‑learning endorsement shall require applicants to demonstrate sufficient education, training, skills, knowledge and experience to effectively use hybrid e-learning to support pupils.

B. The state board of education may:

1. Contract.

2. Sue and be sued.

3. Distribute and score the tests prescribed in chapter 7, article 3 of this title.

4. Provide for an advisory committee to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate and whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate. The board may delegate its responsibility to conduct hearings and screenings to its advisory committee. Hearings shall be conducted pursuant to title 41, chapter 6, article 6.

5. Proceed with the disposal of any complaint requesting disciplinary action or with any disciplinary action against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.

6. Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith. Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the state board in the investigation of the complaint. END_STATUTE

Sec. 3. Section 15-1042, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1042. Timeline; student level data; hybrid e-learning infrastructure; definition

A. The department of education shall notify school districts and charter schools of electronic data submission procedures and shall distribute a list of the specific student level data elements that school districts and charter schools are required to submit. The department of education shall not make any changes to the student level data elements to be collected except for the following:

1. Student attendance data for a joint technical education district, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.

2. Student attendance data for a community college, unless the college is owned, operated or chartered by an Indian tribe, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.

B. Each school district and charter school shall submit electronic data on a school by school basis, including student level data, to the department of education in order for the school district or charter school to receive monies for the cost of educating students pursuant to this title.

C. The department of education shall grant a school district or charter school an extension to the deadline for the submission of student level data or may provide for an alternative method for the submission of student level data if the school district or charter school proves that good cause exists for the extension, and the school district or charter school shall continue to receive monies for the cost of educating students pursuant to this title. The request by a school district or charter school for an extension of the deadline for the submission of student level data shall include a justification for the extension and the status of current efforts towards complying with the submission of student level data.

D. A pupil or the parent or guardian of a pupil shall not be required to submit data that does not relate to the provision of educational services or assistance to the pupil.

E. Each student level data element shall include a statutory reference to the law that necessitates its collection.

F. Unless otherwise prescribed, school districts and charter schools shall begin to report new data elements on July 1 of the year that follows the effective date of the law that requires the collection of the data.

G. Student level data items submitted to the department of education by school districts pursuant to this section shall not be used to adjust funding levels or calculate the average daily membership for the purpose of funding school districts at any time other than the fortieth, one hundredth and two hundredth days of the school year.

H. A school district or charter school is not required to submit student level data to the department of education more often than once every twenty school days.

I. Notwithstanding subsection L O of this section, the student level data shall include reasons for the withdrawal if reasons are provided by the withdrawing pupil or the pupil's parent or guardian. For the purposes of this subsection, the department of education shall include in the specific student level data elements that school districts and charter schools are required to submit data relating to students who withdraw from school because the student is pregnant or because the student is the biological parent of a child.

J. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with school districts, charter schools, the Arizona e‑learning task force, the government information technology agency, the school facilities board and the universities under the jurisdiction of the Arizona board of regents, the department of education shall annually update the student level data system to assess, report and support the statewide implementation and operation of hybrid e‑learning programs and the use by school districts and charter schools of the statewide hybrid e‑learning infrastructure. The statewide infrastructure shall include:

1. The following intellectual infrastructure categories:

(a) The support, acquisition and use of digital content and digital curricula.

(b) Data‑driven decision‑support systems.

(d) Research on hybrid e‑learning.

(e) Relevant laws, rules and regulations.

(f) Advocacy and guidance.

2. The following physical infrastructure categories:

(a) The establishment and maintenance of schools that are designed to provide a hybrid e-learning environment for learning and to prepare students for the twenty‑first century.

(b) Broadband internet access and usage.

K. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with school districts, charter schools, the Arizona e‑learning task force, the government information technology agency, the school facilities board and the universities under the jurisdiction of the Arizona board of regents, the department of education shall annually update the student level data system to assess, report and support local decisions on the adoption and use of e‑learning programs by school districts and charter schools and the local e‑learning infrastructure. The local infrastructure for school districts and charter schools shall include:

1. The following intellectual infrastructure categories:

(a) The use of digital content and digital curricula.

(b) Data‑driven decision‑support that ranges from real‑time pupil formative assessment to summative assessments.

(d) Technical support.

(e) Hybrid e-learning frameworks and technology plans.

2. The following physical infrastructure categories:

(a) The establishment and maintenance of schools that are designed to provide a hybrid e-learning environment and to prepare students for the twenty‑first century.

(b) Broadband internet access and usage.

(d) Interfaces for student computing and online access.

(e) Data handling services.

L. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with the Arizona e‑learning task force and the auditor general, the department of education shall submit a report on or before _________, 2011 to the governor, the speaker of the house of representatives and the president of the senate on the design and funding of the next phase of the student level data system to support the expected needs of this state, school districts and charter schools for implementation in fiscal year 2011‑2012. The department of education shall provide a copy of this report to the secretary of state. The report shall:

1. Assume that hybrid e‑learning programs will be adopted in all school districts and charter schools in this state during the next seven‑year period.

2. Assume that hybrid e‑learning programs data needs for decision support at the state level, school district level, charter school level, school site level and classroom level will be accommodated.

3. Include a study, assessment and forecast of the development of industry standards and operational costs associated with the next phase of the student level data system.

J. M. The department of education shall adopt guidelines to remove outdated student level data collected by school districts and charter schools from the student accountability information system.

K. N. All student level data collected pursuant to this section is confidential and is not a public record. The data collected may be used for aggregate research and reporting.

L. O. For the purposes of this section, "student level data" means all data elements that are compiled and submitted for each student in this state and that are necessary for the completion of the statutory requirements of the department of education and the state board of education relating to the calculation of funding for public education, the determination of student academic progress as measured by student testing programs in this state, state and federal reporting requirements and other duties prescribed to the department of education or the state board of education by law. Student level data does not include data elements related to student behavior, discipline, criminal history, medical history, religious affiliation, personal physical descriptors or family information not authorized by the parent or guardian of the pupil. END_STATUTE

Sec. 4. Section 15-1044, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1044. Arizona e-learning task force; duties; strategic plan; trial implementation

A. The Arizona e-learning task force is established. The task force shall consist of the following members who shall be appointed on or before August 31, 2006:

1. Two representatives of the business community with expertise in technology issues, one of whom shall be appointed by the governor and one of whom shall be appointed by the speaker of the house of representatives.

2. Two persons who shall have a background in psychometrics, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the speaker of the house of representatives.

3. Two persons who have expertise in curriculum development, one of whom shall be appointed by the governor and one of whom shall be appointed by the president of the senate.

4. One teacher who provides instruction in grade six, seven, eight or nine in a public, private or charter school and who is appointed by the speaker of the house of representatives.

5. One person who represents a public, private or charter school that provides instruction in grade six, seven, eight or nine and who is appointed by the governor.

6. One person who represents an entity that has at least ten years of experience in teacher training and professional development coursework and that has provided such training and coursework to at least five thousand teachers and who is appointed by the president of the senate.

7. Two persons who represent higher education and who have expertise in education technology and twenty-first century learning, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the speaker of the house of representatives.

8. One person who has a background in online or digital format formative assessment and who is appointed by the governor.

9. The superintendent of public instruction or the superintendent's designee.

10. The director of the government information technology agency or the director's designee.

B. The task force shall annually elect a chairperson from among the members of the task force. The department of education shall provide staff support for the task force.

C. The initial members appointed pursuant to subsection A, paragraphs 1 through 8 shall assign themselves by lot to terms of one, two and three years in office. All subsequent Members appointed pursuant to subsection A, paragraphs 1 through 8 serve three year terms. The chairperson shall notify the appointing authority of these terms.

D. The task force shall:

1. Examine e-learning programs in other states.

2. Analyze potential methods to implement e-learning programs in this state.

3. Develop innovative e-learning solutions.

4. Submit recommendations to the legislature and the state board of education on the following:

(a) The transformation of traditional instruction programs to e‑learning programs.

(b) Options to equip teachers with the most effective technology and training.

(d) The coordination of a standardized data system for use by school districts that interfaces with the data warehouse system of the department of education and that provides decision support data for the school district office, school personnel, parents and pupils.

(e) The enhancement and expansion of the integrated data to enhance Arizona's learning web portal system within the department of education to best serve the entire educational system in this state.

5. Collaborate with the government information technology agency and other public and private entities to express the technology needs of schools in this state.

6. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with the department of education, the universities under the jurisdiction of the Arizona board of regents and the statewide labor organization that represents teachers, examine and develop design specifications for teacher hybrid e-learning workstations, including specifications for interfaces, software, peripheral hardware and training. The design specifications developed pursuant to this paragraph shall be specific to the grade level of the instruction provided, the course content, specific teaching environments and the type of learning provided and shall be updated each year. The design specifications may be used by school districts, charter schools and schools to support the adoption of teacher workstations.

6. 7. Annually report to the legislature regarding e-learning programs and solutions.

E. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with the Arizona e‑learning task force, the Arizona department of commerce or its successor, other local and state governmental entities, local and state public educational entities, local and state business organizations and the technology industries in this state, On or before __________, 20__, the department of education shall issue a request for proposals to study, assess and develop a detailed strategic plan and a strategic implementation plan to implement hybrid e‑learning programs in this state during the next seven‑year period. The department of education shall award a contract pursuant to this subsection no later than _____________, 20__, subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose. The person or entity that is awarded a contract pursuant to this subsection shall deliver the detailed strategic and implementation plans to the department of education on or before ______________, 20__.

F. In cooperation with the Arizona e‑learning task force, on or before __________, 20__, the department of education shall select approximately fifty public schools of various grade configurations, demographic characteristics and student counts to participate in a trial implementation that is designed to provide at least one computer interface per student for approximately thirty thousand students in the participating schools before the 2013‑2014 school year. The department of education shall establish the selection criteria for schools, which shall include the manner in which the school will assess academic performance, mechanisms to ensure sustainability, plans to redistribute monies and the ability to secure matching monies from other sources. The department of education shall distribute grants to the schools that are selected to participate in the trial implementation pursuant to this subsection no later than _____________, 20__, subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose. The trial implementation shall use the statewide infrastructure categories prescribed in section 15‑1042, subsection J and shall use the student level data system prescribed in this article for assessments of participating pupils and schools.

G. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with the department of education, the Arizona e‑learning task force shall submit a report on or before _________, 20__ to the governor, the speaker of the house of representatives and the president of the senate that examines current laws, rules and regulations, the need for new laws, rules and regulations and the need for changes to existing laws, rules and regulations that are designed to include flexibility in the use of monies, including the use of bond monies to acquire hybrid e‑learning equipment, software and physical infrastructure, to allow flexibility for individual students to learn at their own pace, including the grand canyon diploma established by section 15-792.03, and that could be aligned to support the adoption of hybrid e‑learning programs in school districts and charter schools in this state. The report shall recommend legislation to address relevant current and long‑range issues pertaining to this topic. The arizona e‑learning task force shall provide a copy of this report to the secretary of state.

E. H. Task force members are not eligible for compensation, but task force members who are appointed pursuant to subsection A, paragraphs 1 through 8 are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 from monies appropriated to the department of education. END_STATUTE

Sec. 5. Title 15, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 15-1046, to read:

START_STATUTE15-1046. Digital curriculum institute

A. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, The department of education and the Arizona e‑learning task force shall establish, in cooperation with the state board of education, a digital curriculum institute. The digital curriculum institute shall evaluate online courses, digital content and digital curricula for use in kindergarten programs and grades one through twelve. The initial evaluation results shall be published on or before December 31, 2011 on a website that is maintained by the institute and that is accessible to school districts and charter schools for implementation at the beginning of the 2012‑2013 school year. School districts, charter schools and schools may use the evaluation results to support decisions on the adoption and use of online courses, digital content and digital curricula but are not required to use the evaluation results. The evaluation shall include the extent to which the online courses, digital content and digital curricula:

1. Increase academic performance.

2. Support the academic standards adopted by the state board of education.

3. Are grade level appropriate.

4. Are easy to use.

5. Motivate students to learn.

6. Are transferable.

7. Provide formative assessment data to students and teachers.

B. The digital curriculum institute shall provide technical assistance and support to school district and charter school curriculum directors and teachers in the classrooms only as requested. The institute shall offer online support through a knowledge‑based web portal.

C. The digital curriculum institute may solicit and accept grants and donations from any lawful public or private source in order to carry out the purposes of this section. The state board of education shall deposit monies received pursuant to this subsection in a separate account maintained for this purpose.

D. The digital curriculum institute may establish an advisory panel to provide additional research‑based data. The advisory panel shall be composed of teachers, persons with expertise in instructional technology and persons with expertise in digital curricula.

E. The digital curriculum institute may use the services of state agencies, individuals and organizations that have expertise in digital curricula and extension services. END_STATUTE

Sec. 6. Section 41-3504, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3504. Powers and duties of the agency; violation; classification

A. For budget units, The agency shall:

1. Develop, implement and maintain a coordinated statewide plan for information technology. This includes:

(a) Adopting statewide technical, coordination and security standards for information technology.

(b) Serving as statewide coordinator for information technology resources.

(d) Developing a list of approved agency projects by priority category.

(e) Developing a detailed list of information technology assets owned, leased or employed by this state.

(f) Evaluating and either approving or disapproving budget unit information technology plans. Budget units shall submit information technology plans that include quality assurance plans and disaster recovery plans to the agency each year on or before September 1. The legislative and judicial departments of state government shall submit information technology plans for information purposes.

(g) Evaluating specific information technology projects relating to the approved budget unit and statewide information technology plans. The agency shall approve or reject projects with total costs of at least twenty‑five thousand dollars but not more than one million dollars and may establish conditional approval criteria including procurement purchase authority. If the total project costs exceed one million dollars, the agency shall evaluate the project and make recommendations to the committee. Beginning on June 1, 1998, As part of a budget request for an information technology project that has total costs of at least twenty‑five thousand dollars, a budget unit shall indicate the status of review by the agency. Projects shall not be artificially divided to avoid review by the agency.

2. Require that budget units incorporate the life cycle analysis prescribed by section 41‑2553 into the information technology planning, budgeting and procurement processes.

3. Require that budget units demonstrate expertise to carry out information technology plans, either by employing staff or contracting for outside services.

4. Monitor information technology projects that the agency considers to be major or critical, including expenditure and activity reports and periodic review.

5. Temporarily suspend the expenditure of monies if the agency determines that the information technology project is at risk of failing to achieve its intended results or does not comply with the requirements of this section.

6. Continuously study emergent technology and evaluate its impact on this state's system.

7. Advise each budget unit as necessary and report to the committee on an annual basis.

8. Provide to budget units, information technology consulting services it deems necessary, either directly or by procuring outside consulting services.

9. Maintain all otherwise confidential information received from a budget unit pursuant to this section as confidential.

10. Provide staff support to the committee.

11. Subject to section 35‑149, accept, spend and account for grants, monies and direct payments from public or private sources and other grants of monies or property for the conduct of programs that it deems consistent with the overall purposes and objectives of the agency.

12. Adopt rules it deems necessary or desirable to further the objectives and programs of the agency.

13. Formulate policies, plans and programs to effectuate the purposes of the agency.

14. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives.

15. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any public or private party.

16. Have an official seal that shall be judicially noticed.

B. The agency shall advise the judicial and legislative branches of state government concerning information technology.

C. The agency may examine all books, papers, records and documents in the office of any budget unit and may require any state officer of the budget unit to furnish information or statements necessary to carry out the provisions of this chapter.

D. The director, any member of the director's staff or any employee who knowingly divulges or makes known in any manner not permitted by law any particulars of any confidential record, document or information is guilty of a class 5 felony.

E. Subject to appropriation of state monies or receipt of federal monies or private donations or grants from any lawful public or private source for this purpose, in cooperation with the department of education, the Arizona e‑learning task force and the telecommunications industries in this state, the agency shall submit to the governor, the speaker of the house of representatives and the president of the senate a semiannual report that assesses the current adequacy of broadband internet access in the school districts and charter schools in this state and that forecasts the anticipated need for affordable broadband access by school districts and charter schools in the next ten-year period. The agency shall provide a copy of this report to the secretary of state. END_STATUTE