SB1393 - 551R

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

Section 1. Title 15, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 15-217, to read:

START_STATUTE15-217. Continuing high school program; service providers; program schools; requirements; reporting; enrollment limits; rules; program termination

A. The state board of education shall establish a continuing high school program that provides adult learners with alternative study services and that leads to the issuance of a high school diploma and industry recognized credentials. The state board of education shall authorize eligible service providers to participate in the continuing high school program and to establish a program school in partnership with a school district, nonprofit charter school or career technical education district.

B. To be eligible to participate in the continuing high school program, a service provider must meet both of the following:

1. be a nonprofit corporation that is qualified as tax-exempt pursuant to section 501(c)(3) of the internal revenue code.

2. demonstrate at least a ten-year history of providing workforce training and career services in this state to persons who are at least eighteen years of age and whose educational and training opportunities have been limited by educational disadvantages, disabilities or other barriers to education, such as lack of reliable and affordable transportation, lack of child care or food insecurity.

C. A high school diploma may be issued pursuant to this section only to an adult learner who meets all the graduation requirements of section 15-701.01 and the state board of education.

D. A program school shall meet all applicable legal requirements prescribed in this title for a public school, including requirements for student assessments and special education services and prohibitions against admission limits based on ethnicity, national origin, gender, income level, disabling condition, English language proficiency or athletic ability.

E. A program school is not eligible for either:

1. Transportation funding pursuant to section 15-945.

2. Arizona online instruction funding pursuant to section 15-808.

F. Notwithstanding the age restrictions otherwise prescribed in this title, a program school shall receive base support level funding pursuant to section 15-943 and additional assistance in the same manner as a school district or charter school.

G. The department of education shall develop application procedures for the continuing high school program. The service provider shall submit the application on behalf of the program school. An application submitted pursuant to this section must include all of the following:

1. A description of the service provider's partnership with a school district, nonprofit charter school or career technical education district.

2. A description of the program school's administrative structure, program activities, program staff, budget and specific curriculum that is aligned with the state academic standards.

3. The program school's academic calendar and a schedule describing the program school's location, length of school day, program sequence, multidisciplinary courses, pace and instructional activities, or any combination of these items.

4. A description of specific academic, behavioral and emotional support services the service provider will offer to adult learners who enroll in the program school.

5. A description of the career technical education instruction that will be provided by the program school. Career technical education instruction and courses must lead to industry-recognized credentials or result in an adult learner earning course credits from a university or community college. A service provider may partner with a community college district to provide career technical education instruction.

6. A description of specific program outcomes, goals and metrics the program school will use to determine adult learner success.

7. The projected number of adult learners the program school will enroll.

H. The state board of education shall evaluate applications submitted for the continuing high school program and approve program schools that demonstrate, through evidence or other documentation, the ability to provide adult learners with the instruction and support that lead to a high school diploma and one or more industry-recognized credentials. The following apply to approval of a program school's participation in the continuing high school program:

1. Initial approval shall be for a period of not more than two school years.

2. Renewal of approval shall be for a period of not more than four school years and is contingent on specific performance expectations, including student progression, graduation rates and earning of industry‑recognized credentials.

3. If an approved service provider fails to meet any requirements of this section or any rules adopted by the state board, the state board shall immediately initiate a process to bring the program school into compliance or to revoke the program school's authorization to participate in the continuing high school program.

I. On or before July 1, 2023, the state board of education shall adopt performance expectations to evaluate program schools. The performance expectations shall include measurements of adult learner progress toward earning a high school diploma, the graduation rates of adult learners earning at least one academic credit and the number of industry-recognized credentials earned.

J. An approved school district, nonprofit charter school or career technical education district participating in the continuing high school program shall annually report the following information to the department of education:

1. The number of adult learners enrolled in the program school.

2. The graduation rate of adult learners enrolled in the program school.

3. The average progress of adult learners toward meeting graduation requirements.

4. The number and type of industry-recognized credentials earned by adult learners enrolled in the program school.

5. A descriptive summary of the academic, behavioral and emotional support services the service provider offers to adult learners in the program school.

K. On or before December 15, 2024 and on or before December 15 of each year thereafter, the department of education shall submit an annual report evaluating the effectiveness of the continuing high school program to the governor, the president of the senate and the speaker of the house of representatives. The department shall provide a copy of the report to the secretary of state.

L. Except as provided in subsection M of this section, the state board of education may approve program schools with a total projected average daily membership of:

1. In fiscal year 2022-2023, not more than three hundred fifty.

2. In fiscal year 2023-2024, not more than seven hundred.

3. In fiscal year 2024-2025 and each fiscal year thereafter, not more than one thousand four hundred total average daily membership.

M. In determining the maximum allowable projected average daily membership for the continuing high school program, the state board of education may not include students who are twenty-one years of age or younger in the total projected average daily membership under this section.

n. The state board of education may adopt rules to carry out the purposes of this section.

o. The program established pursuant to this section ends on July 1, 2031 pursuant to section 41-3102. END_STATUTE