REFERENCE TITLE: schools; course providers; accounts; funding |
State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1463 |
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Introduced by Senator Ward
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AN ACT
amending Title 15, Arizona Revised Statutes, by adding chapter 20; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, Arizona Revised Statutes, is amended by adding chapter 20, to read:
CHAPTER 20
ARIZONA COURSE SUCCESS ACCOUNTS PROGRAM
ARTICLE 1. GENERAL PROVISIONS
15-2501. Definitions
In this chapter, unless the context otherwise requires:
1. "Course provider" means an entity that offers individual courses in person or online, including online or virtual education providers, postsecondary education institutions, including any postsecondary institution under the management of the Arizona board of regents, teachers or groups of teachers with proven track records of successful instruction, and businesses and industries that offer vocational or technical coursework in that business or industry, and that has been authorized to provide such courses by the state board of education.
2. "Eligible funded student" means any high school student who resides in this state and who meets at least one of the following criteria:
(a) Is attending a public school that was assigned a letter grade of C, D, or F pursuant to section 15‑241, or an equivalent designation.
(b) Is attending a public school that does not offer the course in which the student desires to enroll, as determined by the state board of education.
(c) Is a scholarship recipient pursuant to chapter 19, article 1 of this title and attends a participating school in accordance with that article.
3. "Eligible participating student" means any high school student who resides in this state and who meets one of the following criteria:
(a) Is attending a public school.
(b) Is attending a private school.
(c) Is a homeschooled student.
4. "Program means the Arizona course success accounts program established by this article.
15-2502. Department of education; duties
A. The Arizona course success accounts program is established. The department of education shall authorize the operation and eligibility of providers to participate in the program. The department may select up to one thousand applicants to receive course success accounts each fiscal year. The department shall determine:
1. Whether each proposed course provider complies with the applicable law and rules.
2. Whether a proposal is valid, complete, financially well-structured and educationally sound.
3. Whether a proposal offers potential for increased learning opportunities and access to quality education for all students in this state.
B. The department shall contract for an independent evaluation of course choice provider proposals by a third party that is selected by the department and that has demonstrated educational, organizational, legal and financial expertise.
C. The department shall implement a comprehensive application for course providers that includes, at a minimum, the following:
1. A plan for the administration of state assessments as required by law.
2. The school district or charter school in which the course provider will operate.
3. The proposed courses that will be offered and the alignment of the courses by the course provider with the department of education.
4. The alignment of the courses offered by the course provider with any type of diploma allowed by law in this state.
D. The department shall develop the selection process with emphasis on the following:
1. Core academic subject offerings.
2. Career and technical education course offerings, including internships and apprenticeships, that tie directly to current and future workforce needs of this state.
3. College credit course offerings, including advanced placement programs, international baccalaureate programs and dual enrollment programs.
4. Assurances that each course provider, to the best of the course provider's ability, will collaborate and coordinate with the school district or charter school in which an eligible funded student or eligible participating student is enrolled as a full‑time student.
E. The department shall maintain a course catalog for all courses offered by a school district or charter school. The department shall provide for common course numbering of all courses listed in the course catalog. For courses offered by postsecondary education institutions that are authorized course providers, the state board of education shall consult with the arizona board of regents to determine common course numbering.
F. Notwithstanding any other law, the department shall establish a reciprocal instructor certification process for instructors who reside in other states and who are employed by authorized course providers.
G. The department shall monitor and evaluate each course provider in accordance with performance expectations established by the department. The primary factor in the performance expectations established pursuant to this subsection shall be student achievement.
15-2503. Course providers; duties
A. Any entity that wishes to become a course provider shall apply through the course choice authorization process specified in this chapter and comply with the terms of a signed agreement executed between the state board of education and the course provider.
B. All course providers shall comply with all applicable state and federal laws, rules and regulations in regards to the proposed curriculum and serve students with disabilities, students who are English language learners, students who are academically behind and gifted students.
C. A course provider shall:
1. Understand the state standards for required course content and reflect this understanding in the course provider's application packages and proposed course materials.
2. Understand and embrace this state's commitment to educate all its children, including special needs children, and reflect this understanding by including special education components in the course provider's application packages and proposed course materials.
3. Maintain the financial strength and human capital to offer properly staffed and properly designed course offerings and make those course offerings available to the broadest possible group of students in this state.
4. Emphasize a commitment to accountability through effective and timely reporting on student performance levels and using standard state, regional or national academic assessment systems or industry certifications.
5. Establish clear standards for measuring and reporting on course performance.
6. Maintain a commitment to preparing this state's students to obtain postsecondary degrees and high-quality, high-paying jobs.
D. All course providers shall provide letter grades to students. business and industry providers shall provide for credits for students seeking to obtain certification.
E. All course providers shall establish a curriculum that ensures that:
1. All students enrolled in a course are provided the necessary course materials related to the course content by the course provider.
2. All courses offered for dual enrollment credit meet the standards and grade-level expectations of the high school course for which the student is receiving credit and meet the standards for college credit as established by the Arizona board of regents or the community college districts of this state.
15-2504. School districts and charter schools; duties
A. School districts and charter schools shall exercise flexibility in scheduling to accommodate course choice options under this article.
B. If an eligible funded student enrolls in an online course that is administered at the school site, the school district or charter school shall do all of the following related to the online course environment:
1. Provide students enrolled in online courses technical access that meets the specifications furnished by the course provider.
2. Provide instructional and communication hardware that meets specifications furnished by the course provider.
3. Provide timely and appropriate technical support.
4. Award credit and grades for the online courses assigned by the course provider and instructor without deviations.
15-2505. Provider evaluations; authorization
A. The department of education shall monitor and evaluate the course provider in a manner in which student achievement is the predominant consideration.
B. The initial authorization of the course provider shall be for a period of three years. After the second year of the initial authorization period, the state board of education shall conduct a thorough review of the course provider's activities and the academic performance of the students who are enrolled in courses offered by the course provider in accordance with the school and district accountability system. If the performance of the students enrolled in courses offered by the course provider does not meet performance standards prescribed by the state board of education, the state board of education shall place the course provider on probation.
C. After the initial three-year authorization period, the state board of education may renew the authorization of the course provider for additional periods of at least three years and not more than five years after conducting a thorough review of the course provider's activities and the achievement of students enrolled in courses offered by the course provider. Reauthorization and sustained participation in the course credit account program shall be based on:
1. A demonstrated and continuing track record of student success on assessments.
2. Demonstrated support of students to achieve rigorous academic results or job placement in targeted occupations, or both.
3. The development of a series of thematically linked course offerings that progressively help students achieve personal academic or career goals, or both.
4. A demonstration of positive student academic gain with proven assessment methods for each course offering.
15-2506. Funding of course success accounts
A. To enroll a student for a course success account, the parent of the student shall sign an agreement to both:
1. Use the course success account in at least one of the subjects of reading, grammar, mathematics, social studies and science.
2. Use the money deposited in the student's course success account only for the following expenses of that student:
(a) Tuition or fees of a course provider.
(b) Textbooks required by a course provider.
(c) Educational therapies or services from a licensed or accredited practitioner or provider, including licensed or accredited paraprofessionals or educational aides, if the student requires these therapies or services.
(d) Tutoring or teaching services provided by an individual or facility accredited by a state, regional or national accrediting organization.
(e) Curricula.
(f) Tuition or fees for a nonpublic online learning program.
(g) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination or any exams related to college or university admission.
(h) Contributions to a coverdell education savings account established pursuant to 26 United States Code section 530 for the benefit of that student, except that money used for elementary or secondary education expenses must be for expenses otherwise allowed under this section.
(i) Tuition or fees at a postsecondary institution.
(j) Textbooks required by a postsecondary institution.
(k) Fees for management of the course success account by firms selected by the state treasurer.
(l) Services provided by a public school, including individual classes and extracurricular programs.
(m) Insurance or surety bond payments as required by the department of education.
B. In exchange for the parent's agreement pursuant to subsection A of this section, the department shall transfer from the monies that would otherwise be allocated to a recipient's prior school district to the treasurer for deposit into an Arizona course success account an amount that is equivalent to fifteen percent of the sum of the base support level.
15-2507. Program termination
The program established by this chapter ends on July 1, 2025 pursuant to section 41-3102.
Sec. 2. Declaration of purposes and intent
The legislature finds and declares:
1. The purpose of this act is to provide all Arizona schoolchildren with access to the type and format of education that best meets the needs of the individual student. Each student has different needs that merit a variety of course choices on the individual student level. This state has the right, responsibility, duty and obligation to accomplish the objective of a quality, individualized education for all Arizona children.
2. Course providers can offer a quality, individualized education to students, and it is in the public interest to offer students the means of accessing the educational opportunities offered by course providers by providing students with the public monies allocated to them from local and state sources to enroll in those courses.