SB1572 - 551R

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

Section 1. Section 15-501.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-501.01. Requirements for teachers; teaching certificates; rules; reciprocity; placement

A. Notwithstanding any other law, all teachers who are certificated pursuant to this section must have a baccalaureate degree and a valid fingerprint clearance card.

B. The state board of education shall adopt rules for the issuance of the following types of certificates for teachers to reflect the source of the training the teacher obtains:

1. Standard teaching certificate.

2. Alternative teaching certificate for persons who obtain training pursuant to subsection C, paragraph 1 of this section.

3. Subject-matter expert standard teaching certificate for persons who obtain training pursuant to subsection C, paragraph 5 7 of this section.

4. Classroom-based standard teaching certificate for persons who obtain training from a school district or charter school.

5. Career and technical education teaching certificate.

C. The state board of education shall adopt rules to carry out the purposes of this section. The rules:

1. 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 paragraph 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 paragraph 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 allow 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:

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

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

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

(e) If applicable, complete training in research-based systematic phonics instruction as prescribed in paragraph 2 of this subsection.

(f) Demonstrate the required proficiency in the Constitutions of the United States and Arizona as prescribed in section 15-532.

2. Shall require applicants for all certificates for common school instruction to complete, from a public or private provider, at least forty-five classroom hours or three college-level credit hours, or the equivalent, in both research-based:

(a) Systematic phonics instruction.

(b) Reading instruction, including training on assessments, instructional practices and interventions to improve student reading proficiency. Beginning July 1, 2021, instruction provided pursuant to this subdivision must meet the requirements for dyslexia training prescribed in section 15-219.

3. Beginning August 1, 2022, shall require that all applicants for all certificates for common instruction pass a literacy instruction assessment to show that the applicant is capable of doing all of the following:

(a) Effectively teaching foundational reading skills, phonemic awareness, phonics, fluency, vocabulary and comprehension.

(b) Implementing reading instruction using high-quality instructional materials.

(c) Providing effective instruction and interventions for students with reading deficiencies, including students with characteristics of dyslexia.

4. Beginning August 1, 2022, shall provide for additional requirements for instruction and all education preparation programs in this state to require applicants seeking teacher recertification to pass a literacy instruction assessment and provide for:

(a) Preparing applicants to effectively teach foundational reading skills, phonemic awareness, phonics, fluency, vocabulary and comprehension.

(b) Implementing reading instruction using high quality instructional materials.

3. 5. 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.

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

5. 7. 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 paragraph 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 paragraph 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 who are subject to subdivision (a) of this paragraph 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 paragraph 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 paragraph 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 paragraph. 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 paragraph 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 paragraph 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 paragraph 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 paragraph if the person has a baccalaureate degree and meets any of the following requirements:

(a) 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 person demonstrates compliance with this requirement by providing the state board with written proof of employment for specific durations from one or more qualifying postsecondary institutions.

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

(c) 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 person demonstrates compliance with this requirement by providing the state board with written proof of employment.

6. 8. 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.

7. 9. Shall allow for a certificate issued to a person pursuant to subsection B, paragraph 1, 3, 4 or 5 of this section or section 15-203 or 15-782.01, as applicable, 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 that certificate pursuant to this paragraph.

8. 10. Shall allow for a certificate issued to a person pursuant to subsection B of this section or section 15-132, 15-203 or 15-782.01, as applicable, 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 paragraph shall be identical to the expired certificate.

D. 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 or a comparable certificate issued pursuant to section 15-132, 15-203 or 15-782.01, as applicable, 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 subsection is not required to meet any requirement prescribed in section 15-533.

E. Placement decisions of teaching intern certificate holders issued pursuant to subsection C, paragraph 1 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.

F. Notwithstanding subsection A of this section, the following persons are not required to have a baccalaureate degree:

1. A teacher who is otherwise exempt by law from obtaining a baccalaureate degree and who provides instruction in STEM or career and technical education pursuant to section 15-782.01.

2. A person who obtains any of the following:

(a) A Native American language certificate.

(b) A student teaching intern certificate.

(d) An athletic coaching certificate.

(e) An emergency substitute certificate. END_STATUTE

Sec. 2. Section 15-701, Arizona Revised Statutes, 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 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 does not demonstrate sufficient reading skills as established by the state board. A pupil may not be retained if data regarding the pupil's performance on the statewide assessment is not available before the end of the 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 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 from the third grade a pupil who does not demonstrate sufficient reading skills pursuant to subdivision (a) of this paragraph if the pupil:

(i) 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) Is in the process of a special education referral or evaluation for placement in special education, has been diagnosed as having a significant reading impairment, including dyslexia, or 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 toward 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.

(iv) Receives intervention and remedial services during the summer or a subsequent school year pursuant to subdivision (c) of this paragraph and demonstrates sufficient progress based on guidelines issued pursuant to subsection B, paragraph 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 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 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.

(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. If sufficient monies are appropriated, beginning in the 2022-2023 school year, the state board of education shall adopt a statewide kindergarten entry evaluation tool to administer to pupils in kindergarten programs within forty-five calendar days after the beginning of each school year or within forty-five calendar days after a pupil enrolls.

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 does not demonstrate sufficient reading skills pursuant to subsection A of this section will not be promoted from the third grade. 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 specific written notification of the reading deficiency that includes the following information:

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

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

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 more than one evidence-based intervention strategy and 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 to choose, in consultation with the pupil's teacher, the most appropriate strategies to be provided and implemented for that child.

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

5. A statement that the pupil will not be promoted from the third grade if the pupil 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.

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 a 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 a 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. If 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. 3. Section 15-704, Arizona Revised Statutes, is amended to read:

START_STATUTE15-704. Reading proficiency; dyslexia screening plan; parental notification; 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, and the kindergarten entry evaluation tool adopted pursuant to section 15-701, subsection A, paragraph 3, to monitor student progress. Each school shall use the diagnostic information to plan evidence-based appropriate and effective instruction and intervention.

B. On or before July 1, 2020, The department of education shall develop a dyslexia screening plan that meets all of the following requirements:

1. Ensures that within forty-five calendar days after the beginning of each school year or within forty-five calendar days after a student enrollment occurs after the first day of school, every student who is enrolled in a kindergarten program or grade one in a public school in this state is screened for indicators of dyslexia.

2. Provides guidance for notifications sent by public schools to parents of students who are identified as having indicators of dyslexia based on a screening for indicators.

3. Is developed collaboratively with the dyslexia specialist for the department designated pursuant to section 15-211, and other experts on dyslexia, including representatives in this state of an international organization on dyslexia.

4. Ensures that screening for indicators of dyslexia includes the following:

(a) Phonological and phonemic awareness.

(b) Rapid naming skills.

(d) Nonsense word repetition.

(e) Sound symbol recognition.

C. The screening for indicators of dyslexia may be integrated with reading proficiency screenings as prescribed in this section.

D. 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.

E. 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.

F. 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. The parent of any pupil who exhibits a reading deficiency at any time during the school year must be notified in writing not later than fifteen days after the reading deficiency is identified. The written notification must include all of the following:

1. That the pupil has been identified as having a reading deficiency and that a reading improvement plan will be developed by the pupil's teacher, the principal, other pertinent school personnel and the pupil's parents.

2. A description of the current services that are provided to the pupil.

3. A description of the proposed research-based reading interventions and supplemental instruction services and supports that will be provided to the pupil and that are designed to remedy the identified areas of the pupil's reading deficiency.

4. Notification that the parent will be informed in writing of the pupil's progress toward grade level reading at least once every two weeks.

5. Strategies for the parent to use at home to help the pupil succeed in reading.

6. That if the pupil's reading deficiency is not corrected by the end of grade three, the pupil will not be promoted to grade four unless an exemption is met as prescribed in section 15-701, subsection A, paragraph 2, subdivision (b).

7. That while the statewide English language arts assessment is the initial determinate for promotion, it is not the sole determiner at the end of grade three and that pupils are also provided with a test-based student portfolio option and an alternative reading assessment option to demonstrate sufficient reading skills for promotion to grade four.

G. 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.

H. Based on the review required in subsection G 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.

I. Subsections G and H of this section shall be coordinated with efforts to develop and implement an improvement plan if required pursuant to section 15-241.02.

J. 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 encoding 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.

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 meaning from written text that requires all of the following:

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

(b) The ability to decode unfamiliar words.

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

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

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