House of
Representatives
HB 2725
education; omnibus
Sponsors: Representatives Court, Ash, Crandall, et al.
HB 2725 makes various changes to education statutes.
History
Arizona Revised Statutes (A.R.S.) § 15-183 establishes the requirements for charter school applications. Charter school applicants are required to present information on the location, academic and financial policies, and organizational structure of the proposed charter school. Currently, charter schools may be sponsored by a school district governing board (Board), the State Board of Education (SBE), or the State Board for Charter Schools (SBCS).
A.R.S. § 15-905 requires the Boards to publish or mail a copy of any proposed budget, summary of a proposed budget, notice of a public hearing, or notice of a Board meeting. The proposed budget and the summary of the proposed budget must contain the percentage of increase or decrease in each budget category of the proposed budget as compared to the budget for the current year. Notification must either be by publication in a newspaper of general circulation within the school district, by electronic transmission of the information to the Arizona Department of Education (ADE) for posting on the department's website, or by mailing the information to each household in the school district. The cost of publication, website posting, or mailing must be charged against the school district.
A.R.S. § 15-342 outlines the discretionary powers of Boards. Boards are allowed to sell advertising space on the exterior of school buses and on athletic facilities. The school district is required to create an advertisement fund that is composed of revenues generated from the sale of this advertising space. Additionally, Boards are allowed to sell advertising on the school district website or any website maintained by a school in the district. The school districts are required to place the revenues from website advertisements into a website advertisement fund to be used for any pupil related costs as determined by the Board. All advertisements must be age appropriate, cannot promote substances that are illegal for minors, and comply with the state sex education policy of abstinence.
Provisions
Recess Policies
· Requires each school district governing board and each governing body of a charter school to conduct a public meeting to consider the adoption of a policy to provide at least 30 total minutes of recess each day for pupils in kindergarten programs and grades one through five.
· Mandates that parents and guardians be notified of the public meeting and the opportunity at the public meeting to comment on the proposed policy.
· Stipulates that the governing bodies must discuss and vote on the adoption of the proposed recess policy.
· States that if a recess policy is adopted:
Ø The recess requirements must consist of structured physical activity outside or inside the classroom.
Ø Physical education classes may be used to satisfy the recess requirement.
Ø Unstructured recess time that occurs immediately after lunch periods does not satisfy the recess requirement.
· Exempts school districts and charter schools that do not provide instruction to pupils in K-5 from the public meeting requirement.
Charter Schools
· Allows the SBCS to use the services of the Auditor General.
· Authorizes public universities with an enrollment of at least 15,000 full-time equivalent (FTE) students, a community college district with enrollment of more than 15,000 FTE students and a group of community college districts with a combine enrollment of at least 15,000 FTE students to sponsor a charter school.
· Prohibits universities under the jurisdiction of the ABOR or a community college district from including any students in their student counts that are enrolled in and attending a charter school sponsored by the university or community college.
· Limits the number of approved applications under their authority to two in fiscal year (FY) 2010-2011, three in FY 2011-2012, and four in FY 2012-2013.
· Requires the governing body of a charter school to transmit a copy of its proposed budget or the summary of the proposed budget and a notice of the public hearing to the ADE for posting on the ADE’s website no later than 10 days before the hearing and meeting.
· Stipulates that if the charter school maintains a website, then the governing body must post on its website a copy of its proposed budget or the summary of the proposed budget and a notice of the public hearing.
Teacher Certification; Reciprocity; Proficiency Examination
· Stipulates that a person is not required to take the professional knowledge portion of the proficiency examination if the person has been a full-time teacher for at least three years in that same area of certification in which the person is applying for certification in Arizona.
· Specifies that a person is not required to take the subject knowledge portion of the proficiency examination if the person has obtained a master’s degree in that subject area at an accredited institution of higher education according to an official transcript.
· Specifies that a person who obtained structured English immersion training in another state that the SBE determines is comparable to the training in Arizona cannot be required to obtain additional structured English immersion training.
· Removes language requiring teachers to repass the proficiency examination in particular situations and states that a person is not required to pass the proficiency examination or equivalent examination more than once unless a person has not taught during the 10 years immediately preceding the submission of the application for certification.
· States that the SBE may adopt rules to modify the reciprocity requirements for persons who have taught, obtained certification, or obtained a master’s degree in another country.
Bonds
· Allows, upon request of the district, monies earned as interest or otherwise derived from the investment of the proceeds of the sale of a bonds to be deposited to the Bond Building Fund if federal laws or rules require the interest to be used for capital expenditures and contains a retroactive date from and after May 30, 2009.
· Stipulates that any political subdivision may make any covenant, order any rebate, file any tax return, report any information and order the limitation on the yield of any investment made with the proceeds from the sale of its bonds or with taxes for any federal tax benefits, payments, or credits relating to a bond issued under any provision of law, including federal tax credits, federal subsidy payments, and retention of the exemption from federal income on a bond issued.
· Allows a school district that was authorized to issue bonds more than nine years ago to choose to use the proceeds of the bonds authorized at the election for any necessary capital improvement, provided that the Board votes to authorize the proposed use of the bond proceeds before June 30, 2013.
· Allows school districts to decide whether bonds and soft-capital allocations of the school district can be issued and sold for personnel training costs for equipment and technology and stipulates that no more than 10% of the bond proceeds or soft capital allocation can be used for personnel training.
Arizona Gun Safety Program
· Establishes the course’s worth at one credit.
· Includes competently discharging a firearm at one or more targets to demonstrate marksmanship in the course requirements.
· Requires qualified instructors to hold current firearms safety instructor certification from a listed organization.
· Defines firearm..
Impact Aid
· Requires school districts who receive Impact Aid to establish an Impact Aid Fund (Fund) and separately account for Impact Aid monies received and prohibits comingling with other revenue sources.
· Mandates that the school district account for Fund monies as prescribed by the Auditor General in accordance to the Uniform System of Financial Records.
· Requires the Superintendent of Public Instruction to separately account for the monies in each districts’ Fund.
· Stipulates that Fund expenditures must be in accordance with federal law.
· Designates Fund monies as federal monies and not subject to legislative appropriation.
· Allows school districts with primary and secondary property tax rates of zero for tax years 2009 and 2010 and who receive federal Impact Aid to use Impact Aid monies in excess of their budget limits to offset their soft capital reductions in FY 2010 and FY 2011.
Mathematics, Science and Special Education Teacher Loan Forgiveness Program (Program)
· Expands the Program to include students pursuing a teaching degree at a qualifying, private postsecondary educational institution in Arizona.
· Transfers the Program from the ABOR to the Commission for Postsecondary Education (Commission).
· Stipulates that the loans granted by the Commission must be used to cover the costs of tuition and mandatory fees for each loan recipient, and may also defray the costs of instructional materials, but cannot exceed $7,000 each year, excluding all grants, scholarships, and tuition benefits such as military, tribal and employee grants, scholarships, and benefits.
· Removes the requirement that, if an applicant qualifies for federal financial aid and receives federal grant aid, the loan amount must be limited to the amount of tuition and mandatory fees not covered by the federal grant aid and may include a stipend for instructional materials.
· Removes the requirement that the Commission adopt policies for screening qualified applicants based on character.
· Mandates that the Commission adopt policies for screening qualified applicants including requiring applicants to complete a Free Application For Student Federal Aid as a part of their applicant screening policies.
· Allows the Commission to partner with qualifying postsecondary institutions to administer the loans.
· Requires the Commission to forward a request for verification of attendance, satisfactory academic progress, financial need, and enrollment in a qualified program to the institution.
· Allows the Commission to retain up to 10% of the amount deposited in each fiscal year into the Fund for the purposes of administering the Program, and allows the Commission to use the interest deposited into the Fund to cover the administrative costs of the loan repayment responsibilities.
· Defines qualified applicant or qualified student and qualifying postsecondary institutions.
· Contains an effective date of from and after June 30, 2011.
Statewide E-Rate Program Fund
· Establishes the Statewide E-rate Program Fund (Fund) to be administered by the Government Information Technology Agency (GITA) and consisting of the following:
Ø Monies received pursuant to the E-rate Program under the Telecommunication Act of 1996 or other grants to assist Arizona in improving broadband internet and telecommunications access for public schools and libraries.
Ø Monies received as a result of an intergovernmental agreement between the GITA and other political subdivisions of Arizona.
Ø Monies received from private grants or donations if designated for the Fund by the grantor or donor.
· Requires monies in the Fund to be used to assist public school districts, charter schools, and libraries to submit applications for funding and to fulfill the terms of an intergovernmental agreement or private contract.
· Specifies that the GITA must develop policies and procedures for the E-rate application, including providing technical assistance.
· Allows GITA to enter into contacts with private organizations and intergovernmental agreements with other state agencies and political subdivisions to administer the statewide E-rate program.
· Allows all school districts and charter schools that are eligible for E-rate Priority 1 funding to apply for funding by submitting applications with assistance from GITA.
· Requires all schools districts and charter schools that receive E-rate funding to establish a Fund and monies in the Fund may be used to reimburse the school district or charter school for broadband internet and telecommunications costs.
Miscellaneous
· Stipulates that the placement of a student in a private school approved by the ADE’s Division of Special Education that is prescribed in the pupil’s individualized education program is not subject to rules adopted by the SBE before November 24, 2009.
· Removes the requirement that the SBE cannot exceed the aggregate dollar limits for procurements that are subject to invitations for bids, requests for proposals, and requests for clarifications.
· States that school districts cannot be required to prepare or submit an annual report on the benefits associated with the use of construction-manager-at-risk, design-build, qualified select bidders list, and job-order contracting notwithstanding rules adopted by the SBE.
· Changes the office of the county school superintendent from a local education service agency to a local education agency.
· Requires a Board to establish bank accounts in which the Board may deposit miscellaneous monies received directly by the district.
· Allows Boards to sell advertising as long as it is age appropriate and approved by the Board.
· Removes the requirement that district policies for open enrollment be filed with the ADE, and requires district policies for open enrollment to be posted on the district’s website and be available to the public on request.
· Reduces the amount of time pupils in grades seven and eight must be enrolled in an instructional program from 1,068 hours at least 1,000 hours beginning in fiscal year (FY) 2010-2011.
· States that the cost per square foot for new school facilities projects that were approved by the School Facilities Board (SFB) between January 1, 2005 and November 4, 2009 and continue to qualify in FY 2010-11, but have been delayed by the moratorium on new school construction funding, must be updated by the SFB to the approved funding formula in place at the time the project is issued for bid.
· Requires the ABOR, in consultation with the community college districts in Arizona, to develop and implement common equivalencies for specific levels of achievement on advanced placement examinations and international baccalaureate examinations offered in Arizona high schools in order to award commensurate postsecondary academic credits at community colleges and public universities in this state.
· Allows Boards to sell any property to a joint technical education district with an existing central campus if the sale will not affect the normal operations of a school in the school district.
· Extends the amount of time Nadaburg Unified School District has to tuition students out to neighboring districts until a high school is constructed for the newly unified school district, or until June 30, 2016, whichever occurs first.
· Allows Saddle Mountain Unified School District to correct overexpenditures in annual installments, including the principal interest, at 5% for the next four years and 10% in the remaining fiscal years.
· Enables Coolidge Unified School District to correct a miscalculation in budget for FY 2008-09 over a five-year period beginning in FY 2010-11 and ending in FY 2015-16.
· Repeals the College and Career Readiness Task Force enacted last year.
· Defines public school for the purpose of public school tax credits.
· Makes technical and conforming changes.
---------- DOCUMENT FOOTER ---------
Forty-ninth Legislature
Second Regular Session 6 May 3, 2010
---------- DOCUMENT FOOTER ---------