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ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1238

schools; graduation requirements; adjustment

Purpose

            Adjusts the minimum number of credits necessary for qualified homeless youth, foster children or delinquent juveniles to graduate from high schools.

Background

            A school district governing board (district board) prescribes curricula that include academic standards as prescribed by the State Board of Education (SBE) for the graduation of students from high school. District boards must also prescribe criteria that include 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 (A.R.S. § 15-701.01).

The SBE establishes 22 credits as the minimum number of credits necessary for high school graduation. This includes: 1) four credits of English or ESL; 2) three credits of social studies; 3) four credits of mathematics; 4) three credits of science; 5) one credit in the arts or career and technical education and vocational education; 6) seven credits of additional courses prescribed by the local district board (A.A.C. § R7-2-302).

Homeless children and youths is defined as individuals who lack a fixed, regular and adequate nighttime residence and includes children and youths who are: 1) sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; 2) are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; 3) are living in emergency or transitional shelters; or 4) are abandoned in hospitals. (42 U.S.C. § 11434a).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Requires SBE to adjust the minimum number of credits necessary for high school graduation if a student in grade 9 through grade 12 is:

a)      a homeless child or youth;

b)      a former dependent child or foster child, or placed in out-of-home placement; or

c)      a delinquent juvenile or an incorrigible child who is ordered by a court to a probation department, a private agency, the Department of Juvenile Corrections or to receive residential treatment services.

2.      Requires a qualifying student to:

a)      take all required statewide assessments or an achievement assessment from the menu of assessments; and

b)      correctly answer at least 60 percent of the questions on a test identical to the civics portion of the naturalization test issued by the U.S. Citizenship and Immigration Services, unless the student is exempted and fulfills additional locally mandated requirements.

3.      Allows a qualifying student or a person authorized to make educational decisions for the student to request a credit adjustment.

4.      Requires a school district or charter school to:

a)      establish a uniform process for requesting the credit adjustment;

b)      post information regarding the credit adjustment;

c)      identify and inform potential qualifying students; and

d)      inform a potential qualified student and the authorized person who makes educational decisions for the student of the following, in writing:

                         i.     the student's eligibility for a credit adjustment and the qualification process, or if the student is a foster child, the school district or charter school will notify the student's assigned specialist;

                       ii.     the student's right to stay in school, until they are 22 years old, to complete graduation requirements; and

                    iii.     whether the request for a credit adjustment is approved or denied, including the reasons for the denial.

5.      Stipulates if a school district or charter school determines the student is reasonably able to complete the regular graduation requirements by the end of the student's fourth year of high school, a school district or charter school is not required to approve a request for a credit adjustment.

6.      Allows a student, who was denied a request for a credit adjustment, to request qualification for a credit adjustment during a subsequent school year.

7.      Stipulates if a student is approved for a credit adjustment, the school district or charter school must:

a)      ensure primary placement for the student in classes required for graduation; and

b)      provide timely assistance and advice from counselors or other qualified personnel to enhance the student's college or career readiness.

8.      Prohibits a school district or charter school from revoking a student's credit adjustment.

9.      Specifies that an eligible student who would otherwise remain in high school is:

a)      not required to accept a credit adjustment; and

b)      eligible for enrollment in courses for which the student is qualified, including necessary courses to attend an institution of higher education.

10.  Requires a school district or charter school to approve the same credit adjustment for a student that transfers from another school district or charter school.

11.  Prohibits a school district or charter school from requiring or requesting a student who is eligible for the credit adjustment to transfer to a different school to qualify for the adjustment.

12.  Allows a student or the authorized person making educational decisions for the student to file a complaint with the school district or charter school for a violation of a credit adjustment, including a wrongful denial of a request for a credit adjustment.

13.  Requires the school district or charter school to rectify any violation of the credit adjustment requirements.

14.  Allows a student or the person authorized to make educational decisions for the student to appeal the determination of the school district or charter school regarding credit adjustments to the Arizona Department of Education (ADE).

15.  Stipulates if ADE determines a violation of the credit adjustment requirements has occurred, ADE must direct the school district or charter school to rectify the violation.

16.  Makes technical and conforming changes.

17.  Becomes effective on the general effective date.

Prepared by Senate Research

February 8, 2019

JO/gs