PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2088
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 15-101, Arizona Revised Statutes, is amended to read:
15-101. Definitions
In this title, unless the context otherwise requires:
1. "Accommodation school" means either:
(a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory 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, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district with enrollment of more than fifteen thousand full‑time equivalent students or a group of community college districts with a combined enrollment of more than fifteen thousand full‑time equivalent students 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 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. "Elementary grades" means kindergarten programs and grades one through eight.
13. "Fiscal year" means the year beginning July 1 and ending June 30.
14. "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.
15. "Lease" means an agreement for conveyance and possession of real or personal property.
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.
17. "NONTEST" MEANS NOT RELATING TO KNOWLEDGE OR SKILLS IN READING, WRITING, MATHEMATICS, SOCIAL STUDIES OR SCIENCE.
17. 18. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.
18. 19. "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.
19. 20. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.
20. 21. "Private school" means a nonpublic institution where instruction is imparted.
21. 22. "School" or "public 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 elementary grades or secondary grades one through twelve.
22. 23. "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.
23. 24. "Secondary grades" means grades nine through twelve.
24. 25. "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.
25. 26. "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."
Renumber to conform
Page 1, line 9, strike "if the pupil is a minor or from the pupil if the"
Line 10, strike "pupil is at least eighteen years of age"
Line 11, strike "assessment or"; after "that" insert "becomes a part of the pupil's permanent education record and that"; strike "any of the following:"
Strike lines 12-26
Line 27, strike "2."
Line 28, after "including" insert "surveys regarding any of the following"
Line 29, strike "(a)" insert "1."
Line 31, strike "(b)" insert "2."
Line 32, strike "(c)" insert "3."
Line 33, strike "(d)" insert "4."
Line 34, strike "(e)" insert "5."
Line 36, strike "(f)" insert "6."
Line 37, strike "(g)" insert "7."
Line 38, strike "(h)" insert "8."
Line 39, strike "(i)" insert "9."
Line 40, strike "(j)" insert "10."
Line 41, strike "(k)" insert "11."
Line 42, strike "(l)" insert "12."
Line 43, strike "(m)" insert "13."
Line 44, strike "(n)" insert "14."
Page 2, line 3, strike "assessment or"
Line 4, after "district" insert ", school"
Line 5, strike "assessment or"
Line 11, strike "assess or"
Strike lines 14 through 18
Reletter to conform
Line 19, strike "1." insert "4."; strike "assessments and"
Line 22, strike "paragraph" insert "section"
Line 23, strike "P" insert "L"
Line 25, strike "2." insert "5."
Line 26, strike "assessment or"
Line 27, strike "any"
Strike lines 28 through 36
Line 37, strike "assessments and"
Line 39, strike "the assessment"
Strike lines 42 through 45
Page 3, strike lines 1 and 2
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Line 3, strike "assessments or"
Line 4, strike "assessment,"
Line 7, after "15‑104" insert "or the identification of or programming for children with disabilities or gifted pupils"
Line 8, strike "classroom" insert "class"; strike "and" insert a comma; after "discussion" insert "or assignments"
Line 9, after the comma strike remainder of line
Line 10, strike "notification and informed consent pursuant to this section,"; after "if" insert "written or spoken"
Line 11, strike "in such discussions"
Strike lines 13 through 15
Renumber to conform
Strike lines 17 through 19
Reletter to conform
Lines 21, 23 and 35, strike "assessment or"
Line 38, strike "assessments or"
Lines 40 and 42, after "district" insert ", school"
Line 44, strike "assessment or"
Page 4, line 3, strike "an assessment or" insert "a"
Lines 6 and 11, strike "assessment or"
Line 19, after "school" insert ", administrator or teacher"
Line 22, strike "assessment or"
Strike Lines 24 through 34
Reletter to conform
Line 35, after "district" insert ", school"
Line 36, strike "ten‑point" insert "twelve‑point"
Lines 39, 40 and 43, strike "assessment or"
Page 5, lines 2, 4, 9, 11, 14, 16, 17, 19 and 21, strike "assessment or"
Strike lines 22 through 25
Reletter to conform
Line 27, strike "assessment or"; after "be" insert "anonymous,"; after "aggregated" strike remainder of line
Strike line 28, insert "and de‑identified."
Lines 30 and 31, strike "assessment or"
Line 41, strike "assessment or"
Page 6, line 5, strike "five" insert "two"
Line 6, after "hundred" insert "fifty"
Line 8, strike "two thousand"
Line 11, strike "ten" insert "one"
Line 17, strike "assessment or"; strike the comma; strike "it" insert "the violation"
Line 18, strike "assessment or"
Between lines 31 and 32, insert:
"8. Any school district, charter school or school that fails to comply with any requirement of this section with respect to any individual shall have the opportunity to cure the failure to comply within a reasonable period of time and without penalty."
Strike lines 32 through 45
Page 7, strike lines 1 through 33
Reletter to conform
Strike lines 35 through 41
Renumber to conform
Strike line 43
Page 8, strike lines 1 through 5
Renumber to conform
Strike lines 10 through 25
Renumber to conform
Strike lines 28 through 38, insert:
"4. "Permanent educational record" means information that is kept about a student in a physical or digital format after the end of the schoolyear and that may be in the possession of the pupil's school, charter school or school district, an elected or appointed government official, a government agency or any third‑party. Permanent education record does not include an assignment in the possession of a teacher while it is being graded."
Renumber to conform
Page 9, strike lines 1 through 8, insert:
"Sec. 3. Section 15-249, Arizona Revised Statutes, is amended to read:
15-249. Department of education; education learning and accountability system; reports; reviews
A. Subject to the appropriation of state monies, or the receipt of federal monies, private donations or grants from any lawful public or private source for this purpose, the department of education, in coordination with the data governance commission established by section 15‑249.01, shall develop and implement the education learning and accountability system to collect, compile, maintain and report student level data for students attending public educational institutions that provide instruction to pupils in preschool programs, kindergarten programs, grades one through twelve and postsecondary educational programs in this state.
B. The education learning and accountability system shall:
1. Maintain longitudinal, student level data, including student demographic, grade level, assessment, teacher assignment and other data required to meet state and federal reporting requirements.
2. Incorporate the student accountability information system prescribed in chapter 9, article 8 of this title.
3. Be accessible through commonly used internet web browsers to carry out the data collection, compilation and reporting duties prescribed in this title.
C. STUDENT LEVEL NONTEST DATA IS PROHIBITED FROM INCLUSION IN LONGITUDINAL, STUDENT LEVEL DATA UNLESS APPROVED IN A PUBLIC MEETING OF THE STATE BOARD OF EDUCATION AND LINKED ON THE STATE BOARD's HOME PAGE PURSUANT TO section 15-741, subsection A, paragraph 7.
C. D. The department of education may contract with a third party to carry out the purposes of this section. ANY CONTRACT under this subsection SHALL STATE THE DATE THAT THE DATA IS TO BE RETURNED TO THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD-PARTY CONTRACTOR. THE THIRD-PARTY CONTRACTOR may not share or sell STUDENT DATA or use STUDENT DATA IN ANY WAY that is NOT STATED IN THE CONTRACT WITH THE DEPARTMENT. THE THIRD‑PARTY CONTRACTOR SHALL CERTIFY UNDER OATH THAT THE PUPIL DATA COLLECTED UNDER THE CONTRACT HAS BEEN DESTROYED PURSUANT TO THE CONTRACT. THE THIRD‑PARTY CONTRACTOR IS LIABLE FOR ANY VIOLATION OF THIS SUBSECTION.
D. E. The department of education, in coordination with the data governance commission, shall develop a detailed plan to develop and implement the education learning and accountability system.
E. F. The department of education shall present the plan developed pursuant to subsection D E of this section to the state board of education for review and approval. The department of education shall continue to provide quarterly reports to the state board of education, or on request, for review and approval of the state board of education, on the development and implementation of the education learning and accountability system. All reports provided shall include progress and expenditures to date, timelines and cost estimates for completion.
F. G. Any contract awarded pursuant to subsection C D of this section shall allow the superintendent of public instruction to renew the contracts for two subsequent periods of not more than three years each and shall prescribe the circumstances under which the superintendent of public instruction may terminate the contracts. The contracts shall allow this state to cancel any contract at any time after the first year of operation, without penalty to this state, on ninety days' written notice and shall require the contractor to be in compliance at all times with state and federal law.
G. H. Any contract awarded pursuant to subsection C D of this section may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the contract's effective date. Any adjustment made pursuant to the terms of the contract must be applied to the total payments made to the contractor for the previous contract year and shall not exceed the percentage change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year. Any price or cost adjustments that are different than those authorized in this subsection may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.
H. I. The superintendent of public instruction shall not award a contract pursuant to this section unless:
1. The superintendent of public instruction receives an acceptable proposal pursuant to any request for proposals. For the purposes of this paragraph, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions prescribed in this section and in the request for proposals.
2. The proposal offers a level and quality of services that equal or exceed the services that would be provided by this state.
3. The contractor provides audited financial statements for the previous five years, or for each year that the contractor has been in operation if fewer than five years, and provides other financial information as requested.
I. J. The sovereign immunity of this state does not apply to any contractor who is a party to any contract pursuant to this section. The contractor or any agent of the contractor may not plead the defense of sovereign immunity in any action arising out of the performance of the contract.
J. K. The terms of any contract pursuant to this section are subject to review by the joint legislative budget committee before placement of any advertisement that solicits a response to a request for proposals. Any proposed modification or amendment to the contract is subject to prior review by the joint legislative budget committee.
K. L. During the first year of operation under a contract executed pursuant to this section, the contracting entity shall submit monthly reports to the department of education as prescribed by the department. After the first year of operation under the contract, the contracting entity shall submit quarterly reports to the department as prescribed by the department.
L. M. At the end of the second year of a contract executed pursuant to this section, an independent evaluator selected by the superintendent of public instruction shall conduct and complete a performance review to determine if the contracting entity has met the goals specified in the contract. The independent evaluator shall submit a report of the independent evaluator's findings to the governor, the president of the senate and the speaker of the house of representatives on or before May 1, and shall provide a copy of this report to the secretary of state.
Sec. 4. Section 15-741, Arizona Revised Statutes, is amended to read:
15-741. 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 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.
3. Ensure that the tests prescribed in this section are uniform throughout the state.
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.
5. ENSURE THAT THE TESTS PRESCRIBED IN THIS ARTICLE COLLECT only types of PUPIL NONTEST DATA THAT ARE APPROVED BY THE STATE BOARD OF EDUCATION AT A PUBLIC MEETING AND PUBLISHED ON THE WEBSITE OF THE STATE BOARD OF EDUCATION PURSUANT TO PARAGRAPH 7 OF THIS SUBSECTION.
5. 6. Include within its budget all costs pertaining to the tests prescribed in this article. If sufficient monies are appropriated, the state board may provide achievement test services to school districts that request assistance in testing pupils in grades additional to those required by this section.
6. 7. 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 AND SHALL PoSt IN A PROMINENT POSITION ON THE HOME PAGE OF the state board's WEBSITE A LINK TO THE NONTEST INDICATORS ENTITLED "WHAT NONACADEMIC DATA DOES THE STATE OF ARIZONA COLLECT ABOUT ARIZONA PUPILS?". THE LINKED WEB PAGE SHALL STATE THE TYPES OF DATA COLLECTED, THE REASONS FOR THE COLLECTION OF THE DATA AND the ENTITIES with which the DATA IS SHARED. 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.
7. 8. Establish a fair and consistent method and standard by which 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 test and methods of data evaluation for a period of at least ten years.
8. 9. Participate in other assessments that provide national comparisons as needed.
B. The achievement tests adopted by the state board as provided in subsection A of this section shall be given at least annually. Nontest indicator data and other information shall be collected at the same time as the collection of 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 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.
Sec. 5. Title 15, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 15-744, to read:
15-744. Third-party assessment contracts; requirements; penalties
A. NOTWITHSTANDING ANY OTHER LAW:
1. A THIRD-PARTY ASSESSMENT CONTRACTOR ASSUMES ALL RESPONSIBILITY FOR ANY VIOLATION OF STATE, FEDERAL OR LOCAL LAW, whether the violation was INTENTIONAL OR UNINTENTIONAL or was ASSOCIATED WITH THE USE OF ANY ASSESSMENT INSTRUMENT OFFERED by the THIRD party.
2. ANY CONTRACT ENTERED INTO BETWEEN THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND ANY THIRD-PARTY ASSESSMENT CONTRACTOR SHALL specify:
(a) THE TYPES OF PUPIL LEVEL NONTEST DATA THE THIRD-PARTY ASSESSMENT CONTRACTOR wiLL COLLECT.
(b) THE DATE THAT ALL PUPIL LEVEL DATA wiLL BE DELIVERED TO THE staTE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD‑PARTY ASSESSMENT CONTRACTOR. THIS DATE SHALL BE WITHIN one hundred eighty days aFter THE COLLECTION OF THE DATA.
3. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT CONTRACTS WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION, or both, IS PROHIBITED FROM:
(a) SOLICITING OR COLLECTING PUPIL NONTEST DATA UNLESS THAT DATA IS APPROVED IN A PUBLIC MEETING OF THE STATE BOARD OF EDUCATION AND LINKED ON the state board's HOME PAGE PURSUANT TO section 15-741, subsection A, paragraph 7.
(b) USING PUPIL DATA FOR RESEARCH OR ANY OTHER PURPOSE NOT STATED IN THE CONTRACT WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION DURING THE TIME THE THIRD-PARTY ASSESSMENT CONTRACTOR POSSESSES THE DATA.
(c) SELLING PUPIL DATA.
(d) KEEPING OR STORING ANY PUPIL DATA after THE CONTRACTUAL DATE THE DATA IS TO BE RETURNED TO THE state BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD-PARTY ASSESSMENT CONTRACTOR.
4. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT CONTRACTS WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION, or both, SHALL CERTIFY UNDER OATH THAT THE PUPIL DATA COLLECTED UNDER THE CONTRACT HAS BEEN DESTROYED PURSUANT TO THE CONTRACT.
5. THE THIRD-PARTY ASSESSMENT CONTRACTOR IS LIABLE FOR ANY VIOLATION OF THIS SUBSECTION AND IS SUBJECT TO THE PENALTIES PRESCRIBED IN SUBSECTION B OF THIS SECTION. A PERSON WHO IS INJURED BY A VIOLATION OF THIS SECTION MAY COMMENCE A CIVIL ACTION IN SUPERIOR COURT.
B. NOTWITHSTANDING ANY OTHER LAW:
1. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT FAILS TO COMPLY WITH ANY REQUIREMENT of THIS SECTION WITH RESPECT TO ANY INDIVIDUAL SHALL BE LIABLE FOR DAMAGES TO THE INJURED PARTY IN THE AMOUNT DETERMINED UNDER PARAGRAPH 2 OF THIS SUBSECTION.
2. FOR AN INDIVIDUAL ACTION, THE SUM AWARDED FOR LIABILITY UNDER PARAGRAPH 1 OF THIS SUBSECTION SHALL BE:
(a) IN THE CASE OF A FIRST VIOLATION, AN AMOUNT OF AT LEAST TWO HUNDRED FIFTY DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.
(b) IN THE CASE OF A SECOND VIOLATION INVOLVING THE SAME PUPIL, AN AMOUNT OF AT LEAST FIVE HUNDRED DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.
(c) IN THE CASE OF A THIRD OR ANY SUBSEQUENT VIOLATION INVOLVING THE SAME PUPIL, AN AMOUNT OF AT LEAST ONE THOUSAND DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.
3. THE COURT OR THE JURY MAY AWARD PUNITIVE DAMAGES IN ADDITION TO THOSE SET FORTH IN PARAGRAPH 2 OF THIS SUBSECTION.
4. FOR THE PURPOSES OF THIS SUBSECTION, EACH VIOLATION OF THIS SECTION SHALL BE CONSIDERED A SEPARATE VIOLATION IF The violation INVOLVES A DIFFERENT CONTRACT OR ADMINISTRATION OF AN ASSESSMENT.
5. THE INJURED PARTY OR PARTIES MAY COMMENCE A CIVIL ACTION IN SUPERIOR COURT PURSUANT TO THIS SECTION OR THE PARTY OR PARTIES MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE A CIVIL ACTION ON THEIR BEHALF PURSUANT TO THIS SECTION. ON REQUEST FROM THE INJURED PARTY OR PARTIES, THE ATTORNEY GENERAL SHALL RESPOND to the request WITHIN THIRTY DAYS. IF THE ATTORNEY GENERAL DENIES THE REQUEST FOR CIVIL ACTION, THE INJURED PARTY OR PARTIES MAY PROCEED WITH A CIVIL ACTION.
6. THE PROCEEDS FROM ANY MONETARY AWARD UNDER THIS SUBSECTION SHALL BE PAID TO THE INJURED PARTY OR PARTIES.
7. IN THE CASE OF AN ADMISSION OF GUILT OR A SETTLEMENT BEFORE A FORMAL CONVICTION OF A FIRST OR SECOND VIOLATION, DAMAGES SHALL BE ASSESSED AND PAID PURSUANT TO THIS SUBSECTION."
Amend title to conform