HB2520 - 532R

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

Section 1. 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. Subject to title 41, chapter 4, article 4, employ staff.

6. Prescribe and supervise the duties of its employees pursuant to title 41, chapter 4, article 4, if not otherwise 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. The rules:

(a) Shall provide for a variety of alternative teacher and administrator preparation programs that allow for 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. Any rules adopted by the state board pursuant to this subdivision shall be substantially different from the rules adopted for the approval of traditional preparation programs and may not unnecessarily restrict a variety of alternative preparation programs from operating and providing instruction in this state. 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, professional organizations, nonprofit organizations and private entities to apply for program approval and shall create application procedures and certification criteria that are substantially less restrictive than those for traditional preparation programs. At the completion of an alternative preparation program, graduates shall:

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

(ii) If applicable, demonstrate professional knowledge and subject knowledge proficiency pursuant to section 15‑533.

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

(iv) If applicable, complete training in structured English immersion as prescribed by the state board pursuant to section 15‑756.09.

(v) If applicable, 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) Shall require applicants for all certificates for common school instruction to complete, from a public or private provider, a minimum of forty‑five classroom hours or three college level college‑level credit hours, or the equivalent, of training in both research‑based:

(i) Systematic phonics instruction from a public or private provider.

(ii) Reading instruction, including training on evidence‑based instructional practices and interventions to improve student reading proficiency.

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

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

(f) Shall provide for the issuance of a subject matter expert standard teaching certificate to persons who have expertise in a content area or subject matter. Persons who are certified pursuant to this subdivision shall complete training, if applicable, in structured English immersion as prescribed by the state board pursuant to section 15‑756.09. Persons who are certified pursuant to this subdivision are exempt from the subject knowledge proficiency requirements prescribed in section 15‑533 and from the proficiency requirements prescribed in section 15‑532 on the Constitutions of the United States and Arizona. Persons pursuant who are subject to item (i) of this subdivision are also exempt from the professional knowledge proficiency requirements pursuant to section 15‑533. A person who obtains a subject matter expert standard teaching certificate pursuant to this subdivision may provide instruction in the person's field of expertise in grades six through twelve at any public school in this state. Issuance of the subject matter expert standard teaching certificate may not be conditioned on the person's employment with a local education agency. A person who meets the requirements of this subdivision shall be issued a subject matter expert standard teaching certificate without having to demonstrate professional knowledge proficiency pursuant to section 15‑533, except that the person shall have at least two years to demonstrate professional knowledge proficiency pursuant to section 15‑533. School districts shall evaluate and provide support pursuant to section 15‑537 to teachers who are certified pursuant to this subdivision. If a person fails to meet the professional knowledge requirements of this section within two years, the department of education or state board of education may temporarily suspend the subject matter expert standard teaching certificate. A certificate that is temporarily suspended pursuant to this subdivision is not considered a disciplinary action, and a person shall be allowed to correct the deficiency within the remaining time of the subject matter expert standard teaching certification. This subdivision does not require a person who has obtained another type of teaching certificate from the state board to obtain a subject matter expert standard teaching certificate pursuant to this subdivision in order to provide instruction in grades six through twelve. A person is eligible for a subject matter expert standard teaching certificate pursuant to this subdivision if the person obtains a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 and meets any of the following requirements:

(i) Has taught courses relevant to a content area or subject matter for the last two consecutive years and for a total of at least three years at one or more regionally or nationally accredited public or private postsecondary institutions. A The person shall demonstrate compliance with this requirement by providing the state board with written proof of employment for specific durations from one or more qualifying postsecondary institutions.

(ii) Has either a baccalaureate degree, a master's degree or a doctoral degree in a specific subject area that is directly relevant to a content area or subject matter taught in public schools.

(iii) Demonstrates expertise through relevant work experience of at least five years in a field that is relevant to a content area or subject matter taught in public schools. A The person shall demonstrate compliance with this requirement by providing the state board with written proof of employment.

(g) Notwithstanding section 15‑533, shall exempt persons applying for a secondary education certificate from the subject knowledge portion of the proficiency examination if the state board determines that the person has work experience in science, technology, engineering or mathematics and can demonstrate adequate knowledge of a particular subject through a postsecondary education degree or twenty‑four credit hours of relevant coursework.

(h) Shall allow for all standard teaching certificates issued to a person pursuant to this section to be both issued and renewed for at least twelve years and may not require more than fifteen hours of continuing education credits each year in order to renew any certificate issued pursuant to this section.

(i) Shall allow a standard teaching certificate, and any endorsement or approved area related to that certificate, to be renewed at least two years but not more than ten years after that certificate expires without any other requirements adopted by the state board of education or the department of education if the person is in good standing, has at least ten years of verified full‑time experience in this state in the area in which the person is seeking renewed certification and possesses a valid fingerprint clearance card issued pursuant to section 15‑534. A certificate renewed pursuant to this subdivision shall be identical to the expired certificate.

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 examinations.

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, on 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 certification reciprocity for certificates issued pursuant to this section. The rules for certification reciprocity shall include a requirement that the applicant possess a comparable valid certification from another state and be in good standing with that other state. An applicant who possesses a valid certification from another state and a fingerprint clearance card pursuant to section 15‑534 and who is in good standing with that other state shall be issued a comparable standard certificate without any other requirements from the state board of education or the department of education. A person who is issued a certificate pursuant to this paragraph is not required to meet any requirement prescribed in section 15‑533.

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 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 coursework.

(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 state 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. 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 percent and fifty percent of the evaluation outcomes. The framework shall include four performance classifications, designated as highly effective, effective, developing and ineffective, and guidelines for school districts and charter schools to use in their evaluation instruments. The state board of education shall adopt best practices for professional development and evaluator training. The state board of education may periodically make adjustments to align the model framework for teacher and principal evaluations with assessment or data changes at the state level. 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. School districts and charter schools shall adopt definitions for the performance classifications adopted by the state board of education in a public meeting and apply the performance classifications to their evaluation instruments in a manner designed to improve principal and teacher performance. For charter holders, the principal evaluation instrument applies to each charter school's instructional leader whose primary responsibility is to oversee the academic performance of the charter school. This paragraph does not apply to an officer, director, member or partner of the charter holder. The school district governing board shall discuss at a public meeting at least annually its aggregate performance classifications of principals and teachers.

39. Adopt rules to define competency‑based educational pathways for college and career readiness that may be used by schools. The rules shall include the following components:

(a) The establishment of learning outcomes that will be expected for students in a particular subject.

(b) A process and criteria by which assessments may be identified or established to determine if students have reached the desired competencies in a particular subject.

(c) A mechanism to allow pupils in grades seven through twelve who have demonstrated competency in a subject to immediately obtain credit for the mastery of that subject. The rules shall include a list of applicable subjects, including the level of competency required for each subject.

40. In consultation with the department of health services, the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools:

(a) Annual training in the administration of auto‑injectable epinephrine, as directed on the prescription protocol, for designated medical and nonmedical school personnel. The annual training prescribed in this subdivision is optional during any fiscal year in which sufficient monies are not appropriated by the legislature during that fiscal year to provide for the purchase of two juvenile doses and two adult doses of epinephrine auto‑injectors at each public school in this state and if the school does not stock two juvenile doses and two adult doses of epinephrine auto‑injectors at the school during that fiscal year.

(b) Annual training for all school site personnel on the recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs, following the national guidelines of the American academy of pediatrics. The annual training prescribed in this subdivision is optional during any fiscal year in which sufficient monies are not appropriated by the legislature during that fiscal year to provide for the purchase of two juvenile doses and two adult doses of epinephrine auto‑injectors at each public school in this state and if the school does not stock two juvenile doses and two adult doses of epinephrine auto‑injectors at the school during that fiscal year.

(c) Procedures for the administration of epinephrine auto‑injectors in emergency situations, as directed on the prescription protocol.

(d) Procedures for annually requesting a standing order for epinephrine auto‑injectors pursuant to section 15‑157 from the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13 or a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.

(e) Procedures for reporting the use of epinephrine auto‑injectors to the department of health services.

41. In consultation with the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools that elect to administer inhalers:

(a) Annual training in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and the administration of inhalers, as directed on the prescription protocol, by designated medical and nonmedical school personnel.

(b) Requirements for school districts and charter schools that elect to administer inhalers to designate at least two employees at each school to be trained in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and at least two employees at each school to be trained in the administration of inhalers, as directed on the prescription protocol.

(d) Procedures for annually requesting a standing order for inhalers and spacers or holding chambers pursuant to section 15‑158 from the chief medical officer of a county health department, a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15.

(e) Procedures for notifying a parent once an inhaler has been administered.

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 department of education in the investigation of the complaint.

C. Placement decisions of teaching intern certificate holders issued pursuant to subsection A, paragraph 14, subdivision (a) of this section and section 15‑552 shall be based on agreements between the teacher preparation provider, the provider's partner organizations and the local education agency. The practices of the department of education and the rules and policies of the state board of education may not restrict placement of teaching intern certification holders based on local education agency instructional models and may only consider the academic quality of the school, the effectiveness of the teaching intern certification holder's on‑site mentor and the opportunity for a wide variety of schools and school models to access teaching intern certification holders. END_STATUTE

Sec. 2. Section 15-211, Arizona Revised Statutes, is amended to read:

START_STATUTE15-211. K-3 reading program; receipt and use of monies; additional funding; report; program termination

A. The department of education shall administer a K‑3 reading program to improve the reading proficiency of pupils in kindergarten programs and grades one, two and three in the public schools of this state.

B. Each school district and charter school shall submit to the department of education a plan for improving the reading proficiency of its pupils in kindergarten programs and grades one, two and three. The plan shall include baseline data on the reading proficiency of its pupils in kindergarten programs and grades one, two and three and a budget for spending monies from both the K‑3 support level weight and the K‑3 reading support level weight established in section 15‑943. Each school district and charter school shall annually submit to the department of education on or before October 1 an updated K‑3 reading program plan that includes data on program expenditures and results, except that beginning in fiscal year 2016‑2017, a school district or charter school that is assigned a letter grade of A or B pursuant to section 15‑241 shall submit this plan only in odd-numbered years.

C. School districts and charter schools shall use monies generated by the K‑3 reading support level weight established in section 15‑943 only on evidence‑based instructional purposes programs and PRACTICES intended to improve reading proficiency for pupils in kindergarten programs and grades one, two and three with particular emphasis on pupils in kindergarten programs and grades one and two.

D. Each school district and charter school that is assigned a letter grade of C, D or F pursuant to section 15‑241 or that has more than ten percent of its pupils in grade three who do not demonstrate sufficient reading skills as established by the state board of education according to the reading portion of the statewide assessment shall receive monies generated by the K‑3 reading support level weight established in section 15‑943 only after the K‑3 reading program plan of the school district or charter school has been submitted, reviewed and recommended for approval by the department of education and approved by the state board of education. The state board of education must give approval to a school district or charter school before any portion of the monies generated by the K-3 reading support level weight may be distributed to the school district or charter school pursuant to this subsection.

E. Pupils in a charter school that is in its first year of operation and that is sponsored by 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 or a group of community college districts are eligible for the K-3 reading support level weight.

F. The department of education shall solicit gifts, grants and donations from any lawful public or private source in order to provide additional funding for the K‑3 reading program.

G. The state board of education may establish rules and policies for the K‑3 reading program, including:

1. The proper use of monies in accordance with subsection C of this section.

2. The distribution of monies by the department of education in accordance with subsection B of this section.

3. The compliance of reading proficiency plans submitted pursuant to subsection B of this section with section 15‑704.

H. Pursuant to subsection G of this section, the department of education shall develop program implementation guidance for school districts and charter schools to assist schools in administering an effective K‑3 evidence‑based reading program plan. This guidance shall include identifying and recommending appropriate program expenditures, providing technical oversight and assistance for annually updating reading program plans, selecting and adopting evidence-based reading curricula and providing and promoting teacher professional development that is based on evidence‑based reading research. The department shall prioritize supports and interventions, including enrollment in reading trainings and professional development, for school districts and charter schools that have the highest percentage of pupils who do not demonstrate sufficient reading skills as established by the state board of education. The department shall ensure that the guidance contains the most current evidence‑based practices by consulting with public postsecondary institutions under the jurisdiction of the arizona board of regents. The department shall deposit any monies received for offering evidence‑based reading trainings or professional development, into including literacy instructional coaching, in the department of education professional development revolving fund established by section 15‑237.01.

I. On or before December 15, the department of education shall submit an annual report on the K-3 reading program to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this annual report to the secretary of state, the state board of education and the chairpersons of the education committees of the senate and the house of representatives. The report shall contain all of the following:

1. Information on the improvement of K‑3 reading in this state, including achievement data statewide and achievement data at the school district and charter school level. The information pursuant to this paragraph shall include data and information on continued proficiency on the statewide assessment in subsequent grades.

2. A description of the activities of the department to support school districts and charter schools in improving K‑3 reading.

3. Specific findings on methods by which the department may continue to improve support and assistance for school districts and charter schools in the administration of K-3 reading program plans.

4. Information and data on K-3 reading program plans throughout this state and the expenditure of K-3 reading monies by school districts and charter schools.

5. Data reported pursuant to section 15‑701, subsection A, paragraph 2, subdivision (d).

J. The program established by this section ends on July 1, 2022 pursuant to section 41‑3102. END_STATUTE

Sec. 3. Section 15-249.03, Arizona Revised Statutes, is amended to read:

START_STATUTE15-249.03. Best practice examples of reading intervention and remedial reading strategies; posting

The department of education shall prominently post on the website maintained by the department best practice examples of evidence‑based reading intervention and remedial reading strategies used in school districts and charter schools in this state. The examples shall be selected from those school districts and charter schools showing the most improvement on third grade reading proficiency as measured by the statewide assessment administered pursuant to section 15-741. END_STATUTE

Sec. 4. Section 15-249.09, Arizona Revised Statutes, is amended to read:

START_STATUTE15-249.09. Early literacy grant program fund; grants; report; program termination; definitions

A. The early literacy grant program fund is established to provide support to improve reading skills, literacy and proficiency for students in kindergarten programs and grades one, two and three in addition to monies received pursuant to section 15‑211. The fund shall be administered by the department of education. The state board of education shall develop policies and procedures to be administered by the department of education. The department of education may annually use up to one percent of the monies in the fund to administer the grants.

B. Subject to review and approval by the state board of education, the department of education shall develop an application process for eligible schools to award grants on a three‑year cycle to eligible schools based on available monies on a per pupil basis.

C. Eligible schools that submit an application must include a detailed description of how the requested monies will increase the reading proficiency of students in kindergarten programs and grades one, two and three.

C. D. Eligible schools may use grant monies for eligible expenses to increase the reading proficiency of students in kindergarten programs and grades one, two and three. Eligible schools may also use grant monies to provide a full‑day kindergarten program that is structured to increase reading proficiency. Grant monies must be used to supplement and not supplant activities included in a school's reading program plan submitted pursuant to section 15‑211.

D. E. Subject to review and approval by the state board of education, the department of education shall include a report on the early literacy grant program in the K-3 reading program plan required by section 15‑211. The report shall contain the following:

1. A description of the grants awarded each year.

2. A summary of the funded activities.

3. Information on the recipient schools' progress toward achievement goals.

4. Specific findings on grant‑funded strategies and activities and their level of effectiveness in improving reading proficiency in the recipient schools.

E. F. The program established by this section ends on July 1, 2025 pursuant to section 41‑3102.

F. G. For the purposes of this section:

1. "Eligible expenses" means expenses for evidence-based strategies and interventions designed to improve the reading proficiency of students in kindergarten programs and grades one, two and three pursuant to sections 15‑211 and 15‑704, including reading literacy coaches or and literacy specialists, evidence‑based reading curricula, evidence‑based summer programs or tutoring programs.

2. "Eligible school" means a public school with at least ninety percent of students who are eligible for free and reduced‑priced lunches under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785).END_STATUTE

Sec. 5. Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 137, section 4, chapter 194, section 2 and chapter 210, section 3, is amended to read:

START_STATUTE15-701. Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit; definition

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, to be taught in the common schools.

2. Prescribe competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. The competency requirements for the promotion of pupils from the third grade shall include the following:

(a) A requirement that a pupil not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level or the equivalent does not demonstrate sufficient reading skills as established by the board. A pupil may not be retained if data regarding the pupil's performance on the statewide assessment is not available before the start end of the following current academic year. A pupil who is not retained due to the unavailability of test data must receive evidence-based intervention and remedial strategies pursuant to subdivision (c) of this paragraph if the third grade assessment data subsequently demonstrates that the pupil's reading ability falls far below the third grade level or the equivalent does not demonstrate sufficient reading skills.

(b) A mechanism to allow a school district governing board or the governing body of a charter school to promote a pupil from the third grade who obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level for any of the following a pupil who does not demonstrate sufficient reading skills pursuant to subdivision (a) of this paragraph if the pupil:

(i) A good cause exemption if the pupil Is an English learner or a limited English proficient student as defined in section 15‑751 and has had fewer than two years of English language instruction.

(ii) A pupil who Is in the process of a special education referral or evaluation for placement in special education, a pupil who has been diagnosed as having a significant reading impairment, including dyslexia, or a pupil who is a child with a disability as defined in section 15‑761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program.

(iii) Has demonstrated or subsequently demonstrates sufficient reading skills or adequate progress towards sufficient reading skills of the third grade reading standards as evidenced through a collection of reading assessments approved by the state board of education, which includes an alternative standardized reading assessment approved by the state board.

(iii) (iv) A pupil who Receives intervention and remedial services during the summer or a subsequent school year pursuant to subdivision (c) of this paragraph and demonstrates sufficient progress may be promoted from the third grade based on guidelines issued pursuant to subsection B, paragraph 5 6 of this section.

(c) Evidence-based intervention and remedial strategies developed by the state board of education for pupils who are not promoted from the third grade. A school district governing board or the governing body of a charter school shall offer at least more than one of the intervention and remedial strategies developed by the state board of education. The parent or guardian of a pupil who is not promoted from the third grade and the pupil's teacher and principal may choose the most appropriate intervention and remedial strategies that will be provided to that pupil. The intervention and remedial strategies developed by the state board of education shall include:

(i) A requirement that the pupil be assigned to a different teacher for evidence-based reading instruction by a different teacher who was designated in that teacher's most recent performance evaluation in one of the top two performance classifications pursuant to section 15‑203, subsection A, paragraph 38.

(ii) Summer school reading instruction.

(iii) In the next academic year, intensive reading instruction that occurs before, during or after the regular school day, or any combination of before, during and after the regular school day.

(iv) Small group and teacher‑led evidence‑based reading instruction, which may include computer‑based or online reading instruction.

(d) A requirement that a school district governing board or charter school governing body that promotes a pupil pursuant to subdivision (b) of this paragraph provide annual reporting to the department of education on or before October 1 that includes information on the total number of pupils subject to the retention provisions of subdivision (a) of this paragraph, the total number of students promoted pursuant to subdivision (b) of this paragraph, the total number of pupils retained in grade three and the interventions administered pursuant to subdivision (c) of this paragraph.

3. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one through three that is designed to identify pupils who have reading deficiencies pursuant to section 15‑704.

4. Develop evidence-based intervention and remedial strategies pursuant to paragraph 2, subdivision (c) of this subsection for pupils in kindergarten programs and grades one through three who are identified as having reading deficiencies pursuant to section 15‑704.

5. Distribute guidelines for the school districts to follow in prescribing criteria for the promotion of pupils from grade to grade in the common schools. These guidelines shall include recommended procedures for ensuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.

B. School districts and charter schools shall provide annual written notification to parents of pupils in kindergarten programs and first, second and third grades that a pupil who obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level who does not demonstrate sufficient reading skills pursuant to subsection A of this section will not be promoted from the third grade. If the school has determined that the pupil is substantially deficient in reading before the end of grade three, the school district or charter School districts and charter schools shall identify each pupil who is at risk of reading below grade level in kindergarten and grades one, two and three, based on local or statewide assessments, and shall provide to the parent of that pupil a separate specific written notification of the reading deficiency that includes the following information:

1. A description of the pupil's specific individual needs.

1. 2. A description of the current reading services provided to the pupil.

2. 3. A description of the available supplemental instructional services and supporting programs that are designed to remediate reading deficiencies. Each school district or charter school shall offer at least more than one evidence-based intervention strategy and at least more than one remedial strategy developed by the state board of education for pupils with reading deficiencies. The notification shall list the intervention and remedial strategies offered and shall instruct the parent or guardian to choose, in consultation with the pupil's teacher, the strategy that will most appropriate strategies to be provided and implemented for that child.

3. 4. Parental strategies to assist the pupil to attain reading proficiency.

4. 5. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level does not demonstrate sufficient reading skills pursuant to subsection A, paragraph 2, subdivision (a) of this section, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption pursuant to subsection A, paragraph 2, subdivision (b) of this section.

5. 6. A description of the school district or charter school policies on midyear promotion to a higher grade.

C. Pursuant to the guidelines that the state board of education distributes, 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 promotion of pupils from grade to grade in the common 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. The governing board may prescribe the course of study and competency requirements for promotion that are in addition to or higher than the course of study and competency requirements the state board prescribes.

E. A teacher shall determine whether to promote or retain a pupil in grade in a common school on the basis of the prescribed criteria. The governing board, if it reviews the decision of a teacher to promote or retain a pupil in grade in a common school as provided in section 15‑342, paragraph 11, shall base its decision on the prescribed criteria.

F. A governing board may provide and issue certificates of promotion to pupils whom it promotes from the eighth grade of a common school. Such certificates shall be signed by the principal or superintendent of schools. Where there is no principal or superintendent of schools, the certificates shall be signed by the teacher of an eighth grade. The certificates shall admit the holders to any high school in the state.

G. Within any high school district or union high school district, the superintendent of the high school district shall supervise the work of the eighth grade of all schools employing no superintendent or principal.

H. A school district shall not deny a pupil who is between the ages of sixteen and twenty‑one years admission to a high school because the pupil does not hold an eighth grade certificate. Governing boards shall establish procedures for determining the admissibility of pupils who are under sixteen years of age and who do not hold eighth grade certificates.

I. The state board of education shall adopt rules to allow common 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.

J. A school district may conduct a ceremony to honor pupils who have been promoted from the eighth grade.

K. For the purposes of this section, "dyslexia" means a condition that:

1. Is neurological in origin.

2. Is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, including difficulties that typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and to the provision of effective classroom instruction.

3. May include secondary consequences such as problems with reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. END_STATUTE

Sec. 6. Repeal

Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 67, section 2, is repealed.

Sec. 7. Section 15-704, Arizona Revised Statutes, is amended to read:

START_STATUTE15-704. Reading proficiency; definitions

A. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall select and administer screening, ongoing diagnostic and classroom based instructional reading assessments, including a motivational assessment, as defined by the state board of education, to monitor student progress. Each school shall use the diagnostic information to plan evidence‑based appropriate and effective instruction and intervention.

B. Each school district or charter school that provides instruction for pupils in kindergarten programs and grades one through three shall conduct a curriculum evaluation and adopt an evidence‑based reading curriculum that includes the essential components of reading instruction. All school districts and charter schools that offer instruction in kindergarten programs and grades one through three shall provide ongoing teacher training based on evidence‑based reading research.

C. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall devote reasonable amounts of time to explicit evidence‑based instruction and independent reading in grades one through three.

D. A pupil in grade three who does not demonstrate proficiency on the reading standards measured by the statewide assessment administered pursuant to section 15‑741 shall be provided core reading instruction and intensive, evidence‑based reading instruction as defined by the state board of education until the pupil meets these standards.

E. The governing board of each school district and the governing body of each charter school shall determine the percentage of pupils at each school in grade three who do not demonstrate proficiency on the reading standards prescribed by the state board of education and measured by the statewide assessment administered pursuant to section 15‑741. If more than twenty percent of students in grade three at either the individual school level or at the school district level do not demonstrate proficiency on the standards, the governing board or governing body shall conduct a review of its reading program that includes curriculum and professional development in light of current, evidence‑based reading research.

F. Based on the review required in subsection E of this section, the governing board or governing body and the school principal of each school that does not demonstrate proficiency on the reading standards, in conjunction with school council members, if applicable, shall develop methods of best practices for teaching reading based on essential components of reading instruction and supported by evidence‑based reading research. These methods shall be adopted at a public meeting and shall be implemented the following academic year.

G. Subsections E and F of this section shall be coordinated with efforts to develop and implement an improvement plan if required pursuant to section 15‑241.02.

H. For the purposes of this section:

1. "Essential components of reading instruction" means explicit and systematic instruction in the following:

(a) Phonological awareness, including phonemic awareness.

(b) Phonics and decoding.

(d) Reading fluency as demonstrated by automatic reading of text.

(e) Reading comprehension of written text.

(f) Written and oral expression, including spelling and handwriting.

(g) Screening and CONTINUOUS assessment to inform instruction.

(h) Developing and enhancing student motivation to reading.

2. "Evidence‑based reading research" means research that demonstrates either:

(a) A statistically significant effect on improving student outcomes or other relevant outcomes based on either:

(i) Strong evidence from at least one well‑designed and well‑implemented experimental study.

(ii) Moderate evidence from at least one well‑designed and well‑implemented quasi‑experimental study.

(iii) Promising evidence from at least one well‑designed and well‑implemented correlational study with statistical controls for selection bias.

(b) A rationale based on high‑quality research findings or positive evaluation that an activity, strategy or intervention is likely to improve student outcomes or other relevant outcomes and that includes ongoing efforts to examine the effects of these activities, strategies or interventions.

3. "Reading" means a complex system of deriving constructing meaning from print written text that requires all of the following:

(a) The skills and knowledge to understand how phonemes or speech sounds are connected to print written text.

(b) The ability to decode unfamiliar identify words accurately and fluently.

(d) Sufficient background information and vocabulary to foster reading comprehension.

(e) The development of appropriate active strategies to construct meaning from print written text.

(f) The development and maintenance of a motivation to read.END_STATUTE