HB2425 - 511R

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

Section 1. Section 15-701.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-701.01. High school; graduation; requirements; community college or university courses; transfer from private schools; 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, for the graduation of pupils from high school.

2. Prescribe competency requirements for the graduation of pupils from high school incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies.

3. Develop and adopt competency tests pursuant to section 15‑741. English language learners who are subject to article 3.1 of this chapter are subject to the assessments prescribed in section 15-741. for the graduation of pupils from high school in at least the areas of reading, writing and mathematics and shall establish passing scores for each such test. For the purposes of satisfying the graduation requirements of this paragraph, a minimum score as determined by the state board of education on one or more nationally recognized college entrance examinations selected by the state board of education, if examination information may be accessed at no cost to this state, may be substituted for passing scores on the Arizona instrument to measure standards test for a pupil who is in grade twelve. For the purposes of satisfying the graduation requirements of this paragraph, a score as determined by the state board of education on a board examination prescribed in article 6 of this chapter may be substituted for passing scores on the Arizona instrument to measure standards test if a pupil who is in grade twelve has previously taken the board examination and has not achieved the minimum score required to be eligible for a Grand Canyon diploma. A pupil shall not be required to pass the competency test required in this paragraph to graduate from high school if the pupil transfers into the district from out‑of‑state and has successfully passed a statewide assessment test on state adopted standards that are substantially equivalent to the state board adopted academic standards.

B. If the state board of education adopts a competency test as a graduation requirement for a child with a disability as defined in section 15‑761 or a child who receives special education pursuant to section 15‑763, pupils with individualized education programs shall not be required to achieve passing scores on competency tests in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless passing scores on a competency test are specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen years of age. These competency tests shall be administered to pupils in a manner prescribed in the pupil's individualized education program, and school districts and charter schools shall make specific and appropriate accommodations for pupils with individualized education programs. Pupils with section 504 plans as defined in section 15‑731 shall not be required to achieve passing scores on competency tests in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless passing scores on a competency test are specifically required in a specific academic area by the pupil's section 504 plan that is developed in consultation with the pupil's parents. These competency tests shall be administered to pupils in a manner prescribed in the pupil's section 504 plan, and school districts and charter schools shall make specific and appropriate accommodations for pupils with a section 504 plan. A pupil with an individualized education program or a section 504 plan who graduates from high school but who is not required to achieve a passing score on a competency test in order to graduate from high school shall receive the standard diploma issued by the school district or charter school.

C. B. 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 graduation of pupils from the high 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. C. The governing board may prescribe the course of study and competency requirements for the graduation of pupils from high school that are in addition to or higher than the course of study and competency requirements which that the state board prescribes.

E. D. The governing board may prescribe competency requirements for the passage of pupils in courses that are required for graduation from high school.

F. E. A teacher shall determine whether to pass or fail a pupil in a course in high school as provided in section 15‑521, paragraph 3 4 on the basis of the competency requirements, if any have been prescribed. The governing board, if it reviews the decision of a teacher to pass or fail a pupil in a course in high school as provided in section 15‑342, paragraph 11, shall base its decision on the competency requirements, if any have been prescribed.

G. F. Graduation requirements established by the governing board may be met by a pupil who passes courses in the required or elective subjects at a community college or university, if the course is at a higher level than the course taught in the high school attended by the pupil or, if the course is not taught in the high school, the level of the course is equal to or higher than the level of a high school course. The governing board shall determine if the subject matter of the community college or university course is appropriate to the specific requirement the pupil intends it to fulfill and if the level of the community college or university course is less than, equal to or higher than a high school course, and the governing board shall award one‑half of a carnegie unit for each three semester hours of credit the pupil earns in an appropriate community college or university course. If a pupil is not satisfied with the decision of the governing board regarding the amount of credit granted or the subjects for which credit is granted, the pupil may request that the state board of education review the decision of the governing board, and the state board shall make the final determination of the amount of credit to be given the pupil and for which subjects. The governing board shall not limit the number of credits that is required for high school graduation and that may be met by taking community college or university courses. For the purposes of this subsection:

1. "Community college" means an educational institution that is operated by a community college district as defined in section 15‑1401 or a postsecondary educational institution under the jurisdiction of an Indian tribe recognized by the United States department of the interior.

2. "University" means a university under the jurisdiction of the Arizona board of regents.

H. G. A pupil who transfers from a private school shall be provided with a list that indicates those credits that have been accepted and denied by the school district. A pupil may request to take an examination in each particular course in which credit has been denied. The school district shall accept the credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the school district who teaches the subject matter on which the examination is based. In addition to the above requirements, the governing board of a school district may prescribe requirements for the acceptance of the credits of pupils who transfer from a private school.

I. H. If a pupil who was previously enrolled in a charter school or school district enrolls in a school district in this state, the school district shall accept credits earned by the pupil in courses or instructional programs at the charter school or school district. The governing board of a school district may adopt a policy concerning the application of transfer credits for the purpose of determining whether a credit earned by a pupil who was previously enrolled in a school district or charter school will be assigned as an elective or core credit.

J. I. A pupil who transfers from a charter school or school district shall be provided with a list that indicates which credits have been accepted as an elective credit and which credits have been accepted as a core credit by the school district. Within ten school days after receiving the list, a pupil may request to take an examination in each particular course in which core credit has been denied. The school district shall accept the credit as a core credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the school district who teaches the subject matter on which the examination is based.

K. J. The state board of education shall adopt rules to allow high 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.

L. K. Pupils who earn a Grand Canyon diploma pursuant to article 6 of this chapter are exempt from the graduation requirements prescribed in this section, including the requirement that a pupil obtain passing scores on the Arizona instrument to measure standards test in order to graduate from high school. Pupils who earn a Grand Canyon diploma are entitled to all the rights and privileges of persons who graduate with a high school diploma issued pursuant to this section, including access to postsecondary scholarships and other forms of student financial aid and access to all forms of postsecondary education. Notwithstanding any other law, a pupil who is eligible for a Grand Canyon diploma may elect to remain in high school through grade twelve and shall not be prevented from enrolling at a high school after the pupil becomes eligible for a Grand Canyon diploma. A pupil who is eligible for a Grand Canyon diploma and who elects not to pursue one of the options prescribed in section 15‑792.03 may only be readmitted to that high school or another high school in this state pursuant to policies adopted by the school district of readmission. END_STATUTE

Sec. 2. Repeal

Section 15-701.02, Arizona Revised Statutes, is repealed.

Sec. 3. Section 15-702, Arizona Revised Statutes, is amended to read:

START_STATUTE15-702. High school equivalency diploma; fees; rules

A. Any person who is sixteen years of age or older and who passes a general educational development test shall be awarded an Arizona high school equivalency diploma by the state board of education and the state superintendent of public instruction. The state board of education may establish eligibility requirements for persons wishing to take a general educational development test, except that the minimum age required to take the test may not be older than sixteen nor shall the board require the completion of any high school credits.

B. A person who meets the minimum course of study and competency requirements prescribed by the state board of education for graduation from high school through a combination of high school credits and community college and university credits, which are converted to high school credits in the same manner as provided in section 15‑701.01, subsection G F by the governing board or the state board of education, shall be awarded an Arizona high school equivalency diploma.

C. The state board of education may establish and collect fees for the issuance and reissuance of the following:

1. A general equivalency diploma.

2. A general equivalency transcript.

D. The state board of education shall develop adopt rules for fee waivers for the general equivalency diploma and general equivalency transcripts. END_STATUTE

Sec. 4. Section 15-741, Arizona Revised Statutes, is amended to read:

START_STATUTE15-741. Assessment of pupils

A. The state board of education shall:

1. Adopt rules for purposes of this article pursuant to title 41, chapter 6.

2. Adopt and implement an Arizona instrument to measure standards test to measure pupil achievement of the state board adopted academic standards in reading, writing and mathematics in at least four grades designated by the board. The board shall determine the manner of implementation. The board shall not require high school pupils to meet or exceed the standards measured by the Arizona instrument to measure standards test in any standards other than reading, writing and mathematics in order to graduate from high school. The board may administer assessments of the academic standards in social studies and science, except that a pupil shall not be required to meet or exceed the social studies or science standards measured by the Arizona instrument to measure standards test in order to graduate from high school.

3. Adopt and implement a statewide nationally standardized norm‑referenced achievement test in reading, language arts and mathematics, except that the superintendent of public instruction may determine additional grade levels for which pupils are tested. The tests shall be consistent with the state standards and shall be administered during the spring of each year between March 15 and May 1.

4. 3. Ensure that the tests prescribed in this section are uniform throughout the state.

5. 4. Ensure that the tests prescribed in this section are able to be scored in an objective manner and that the tests are not intended to advocate any sectarian, partisan or denominational viewpoint.

6. Ensure that the results of the nationally standardized norm‑referenced achievement tests established as provided in this article are comparable to associated grade equivalents, percentiles and stanines derived from a multistate sample.

7. 5. Include within its budget all costs pertaining to the tests prescribed in this article. If sufficient monies are appropriated, the state board may provide norm‑referenced achievement test services to school districts which that request assistance in testing pupils in grades additional to those required by this section.

8. Use subtests of the statewide nationally standardized norm‑referenced achievement test as designated by the state board to assess pupils in reading, language arts and mathematics, at a level appropriate for their grade level.

9. 6. Survey teachers, principals and superintendents on achievement related nontest indicators, including information on graduation rates by ethnicity and dropout rates by ethnicity for each grade level. Before the survey, the state board of education shall approve at a public meeting the nontest indicators on which data will be collected. In conducting the survey and collecting data, the state board of education shall not violate the provisions of the family educational rights and privacy act (P.L. 93‑380), as amended, nor disclose personally identifiable information.

10. 7. Establish a fair and consistent method and standard by which norm‑referenced test scores from schools in a district may be evaluated taking into consideration demographic data. The board shall establish intervention strategies to assist schools with scores below the acceptable standard. The board shall annually review district and school scores and shall offer assistance to school districts in analyzing data and implementing intervention strategies. The board shall use the adopted norm‑referenced test and methods of data evaluation for a period of at least ten years.

11. 8. Participate in other assessments that provide national comparisons as needed.

B. The standardized norm‑referenced achievement tests adopted by the state board as provided in subsection A of this section shall be given at least annually. The tests shall be administered over a one week period between March 15 and May 1. Nontest indicator data and other information shall be collected at the same time as the collection of standardized norm‑referenced achievement test data.

C. Local school district governing boards shall:

1. Administer the tests prescribed in subsection A of this section.

2. Survey teachers, principals and superintendents on achievement related nontest indicator data as required by the state board, including information related to district graduation and dropout rates. In conducting the survey and collecting data, the governing board shall not violate the provisions of the family educational rights and privacy act (P.L. 93‑380), as amended, nor disclose personally identifiable information.

D. Any additional assessments for high school pupils that are adopted by the state board of education after the effective date of this amendment to this section november 24, 2009 shall be designed to measure college and career readiness of pupils.

E. A test for penmanship shall not be required pursuant to this article. END_STATUTE

Sec. 5. Repeal

Sections 15-744 and 15-747, Arizona Revised Statutes, are repealed.

Sec. 6. Section 15-756.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.01. State board of education; research based models of structured English immersion for English language learners; budget requests; definitions

A. The Arizona English language learners task force is established in the department of education. The task force shall consist of:

1. Three members appointed by the superintendent of public instruction.

2. Two members who are appointed by the governor.

3. Two members who are appointed by the president of the senate.

4. Two members who are appointed by the speaker of the house of representatives.

B. Members of the task force shall serve four year terms. Members of the task force shall elect a chairperson from among the members of the task force. The department of education shall provide adequate staff support for the task force.

C. A. By September 1, 2006, the task force The state board of education shall either use research based models of structured English immersion programs that were previously developed and adopted by the English language learners task force or develop and adopt new research based models of structured English immersion programs for use by school districts and charter schools. The department of education shall provide adequate staff support for the state board of education to comply with this article. The models shall take into consideration at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The models shall be limited to programs for English language learners to participate in a structured English immersion program not normally intended to exceed one year. The task force state board of education shall identify the minimum amount of English language development per day for all models. The task force state board of education shall develop separate models for the first year in which a pupil is classified as an English language learner that includes include a minimum of four hours per day of English language development.

D. B. The research based models of structured English immersion adopted by the task force state board of education shall be the most cost‑efficient models that meet all state and federal laws.

E. C. The research based models of structured English immersion shall be limited to a regular school year and school day. Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15‑756.11.

F. D. The research based models of structured English immersion shall be submitted by the task force state board of education to the president of the senate, the speaker of the house of representatives, the governor and the state board of education. At least thirty days before adoption, the task force state board of education shall submit the research based models of structured English immersion to the joint legislative budget committee for review.

G. E. The task force state board of education shall review research based models of structured English immersion annually and delete from, add to or modify the existing models. When adopting or modifying English language learner programs, the task force state board of education shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15‑756.08.

H. F. The task force state board of education shall establish procedures for school districts and charter schools to determine the incremental costs for implementation of the research based models of structured English immersion developed by the task force state board of education.

I. G. The task force state board of education shall establish a form for school districts and charter schools to determine the structured English immersion budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the following monies:

1. All federal title III monies and any other federal monies designated solely for the educational needs of English language learners.

2. The portion of title I and title IIA monies determined by the English language learner population as a percentage of the qualified population.

3. The portion of impact aid monies determined by the English language learner population as a percentage of the qualified population. A school district or charter school shall only apply unexpended impact aid monies to English language learner programs after it has applied its impact aid monies for other allowable uses as permitted by state law.

4. The portion of desegregation monies levied pursuant to section 15‑910 determined by the English language learner population as a percentage of the qualified population.

5. The ELL support level weight prescribed in section 15‑943.

J. H. The difference calculated pursuant to subsection I G of this section shall be the maximum amount of the structured English immersion budget request pursuant to section 15‑756.03 for monies from the Arizona structured English immersion fund established by section 15‑756.04. Beginning July 15, 2008, School districts and charter schools shall not include the incremental costs of any pupil who is classified as an English language learner after July 1, 2007 and who has been classified as an English language learner for more than two years in the calculation of the school district's or charter school's structured English immersion budget request.

K. I. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona structured English immersion fund, including the form prescribed in subsection I G of this section.

L. J. For the purposes of this section:

1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11.

2. "Incremental costs" means costs that are associated with a structured English immersion program pursuant to section 15‑752 or a program pursuant to section 15‑753 and that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do not include costs that replace the same types of services provided to English proficient students or compensatory instruction. END_STATUTE

Sec. 7. Section 15-756.02, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.02. School districts and charter schools; English language learner models; adoption and implementation

A. Each school district governing board and each governing body of a charter school shall select one or more of the task force state board of education approved models for structured English immersion for implementation on a school by school basis.

B. If a school district or charter school wants to adopt an English language learner program that is not based on a model adopted by the task force state board of education, the school district or charter school shall first submit the proposed program along with supporting documentation regarding the expected outcomes of the program on the district's or charter school's English language learner students to the task force state board of education for approval.

C. On receipt of a proposed program from a school district or charter school, the task force state board of education may do one of the following:

1. Approve the proposed program.

2. Provide limited approval subject to specific stipulations prescribed by the state board.

3. Reject the proposed program and identify a model approved by the task force state board of education for the school district or charter school to adopt.

D. School districts and charter schools shall include a copy of the adopted English language learner program in the annual report required in section 15‑756.10. END_STATUTE

Sec. 8. Section 15-756.03, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.03. Structured English immersion; budget request

A. If a school district or charter school qualifies to submit a budget request based on the form prescribed in section 15‑756.01, subsection I G, the school district or charter school shall submit a structured English immersion budget request on a school by school basis. The budget request shall be for a specific amount of supplemental monies from the Arizona structured English immersion fund established by section 15-756.04.

B. Each school district or charter school structured English immersion budget request shall include the signature of the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school that certifies that the information in the budget request is true to the best of that person's knowledge and has been calculated in accordance with the form prescribed in section 15‑756.01, subsection I G and that monies from the Arizona structured English immersion fund established by section 15‑756.04 will not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15‑910, used for English language learners that were budgeted for English language learners as of February 23, 2006.

C. Beginning July 1, 2007, Each school district and charter school that submits a structured English immersion budget request shall submit the budget request to the department of education annually on or before September 15. The department of education shall verify the budget request of each school district and charter school for accuracy and compliance with the form prescribed in section 15-756.01, subsection I G. The department shall collect all school district and charter school budget requests and submit them to the legislature for funding from the Arizona structured English immersion fund established by section 15-756.04 at the same time as the department's budget request. END_STATUTE

Sec. 9. Section 15-756.04, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.04. Arizona structured English immersion fund

A. The Arizona structured English immersion fund is established. The department of education shall administer the fund.

B. The department shall submit an annual request for an appropriation for the purposes of this section.

C. In addition to the ELL support level weight prescribed in section 15‑943, the department shall distribute monies from the fund to school districts and charter schools in an amount specified in the budget request prescribed in section 15‑756.03, subsection C. Monies from the fund established by this section and monies for the ELL support level weight prescribed in section 15‑943 shall not be distributed for more than two fiscal years for the same pupil. Nothing in This subsection shall be construed to does not prohibit a school district or charter school from receiving monies from the statewide compensatory instruction fund established by section 15‑756.11 for more than two fiscal years for the same pupil.

D. The superintendent of public instruction shall attempt to obtain the maximum amount of federal funding that is available for English language learner programs.

E. Each school district and charter school shall establish a local level structured English immersion fund to receive monies distributed from the Arizona structured English immersion fund. Monies in local level structured English immersion funds shall be spent only to provide instruction to English language learners. The auditor general shall modify the budget format, financial record requirements, accounting forms and financial report forms in accordance with this subsection. In consultation with the department of education, the auditor general shall provide support and guidance to assist school districts and charter schools in complying with this subsection. Documents developed pursuant to this subsection shall be reviewed by the Arizona English language learners task force established by section 15-756.01 state board of education and the joint legislative budget committee.

F. School districts and charter schools shall use monies from the fund to supplement existing programs for English language learners. Monies from the fund shall not be used to supplant available monies used to pay for the normal costs of conducting programs for English proficient students. END_STATUTE

Sec. 10. Section 15-756.11, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.11. Statewide compensatory instruction fund; reporting; definition

A. The statewide compensatory instruction fund is established. The department of education shall administer the fund.

B. To be eligible for monies appropriated pursuant to this section, a school district or charter school must demonstrate to the department of education that it has established a satisfactory compensatory instruction program. The department of education shall distribute monies from the fund to school districts and charter schools in an amount determined by the department for compensatory instruction costs.

C. School districts and charter schools shall annually submit written compensatory instruction budget requests to the department on or before July 15 for monies from the fund on a form developed by the department. The requests shall include an analysis of compensatory instruction effectiveness.

D. The written requests submitted by school districts and charter schools shall be signed by the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school, and monies from the statewide compensatory instruction fund shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for English language learners that were budgeted for English language learners as of February 23, 2006.

E. School districts and charter schools shall use monies from the fund to supplement existing programs. Monies shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for compensatory instruction that were budgeted for English language learners as of February 23, 2006.

F. Each school district and charter school shall establish a local level compensatory instruction fund to receive monies distributed from the statewide compensatory instruction fund. Monies in local level compensatory instruction funds shall be spent only for compensatory instruction. The auditor general shall modify the budget format, financial record requirements, accounting forms and financial report forms in accordance with this subsection. In consultation with the department of education, the auditor general shall provide support and guidance to assist school districts and charter schools in complying with this subsection. Documents developed pursuant to this subsection shall be reviewed by the Arizona English language learners task force established by section 15‑756.01 state board of education and the joint legislative budget committee.

G. For the purposes of this section, "compensatory instruction" means programs in addition to normal classroom instruction that may include individual or small group instruction, extended day classes, summer school or intersession school and that are limited to improving the English proficiency of current English language learners and pupils who were English language learners and who have been reclassified as English proficient within the previous two years. END_STATUTE

Sec. 11. Succession

A. As provided by this act, the state board of education succeeds to the authority, powers, duties and responsibilities of the Arizona English language learners task force.

B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the Arizona English language learners task force in existence before the effective date of this act.

C. With respect to the Arizona English language learners task force, previous administrative actions continue in effect until superseded by administrative action by the state board of education.

D. All administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the Arizona English language learners task force on the effective date of this act are transferred to and retain the same status with the state board of education.

E. All indicia of qualification and authority that were issued by the Arizona English language learners task force retain their validity for the duration of their terms of validity as provided by law.

F. All equipment, records, furnishings and other property, all data and investigative findings and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the department of education with respect to the Arizona English language learners task force are transferred to the state board of education.

Sec. 12. Retroactivity

Sections 15‑756.01, 15‑756.02, 15‑756.03, 15‑756.04 and 15‑756.11, Arizona Revised Statutes, as amended by this act, and section 11 of this act, relating to succession, apply retroactively to from and after December 31, 2012.