ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2063: schools; student promotions

Sponsor: Representative Fillmore, LD 16

Committee on Education

Overview

Requires a teacher to either retain or fail a pupil in a common school grade or high school course if the pupil does not meet prescribed criteria for promotion or graduation.

History

School district governing boards (governing boards) are required to prescribe the curricula and criteria for the promotion and graduation of students from common school grades and high school that include the academic standards adopted by the State Board of Education (SBE) (A.R.S. § 15-341). The criteria prescribed by a governing board must include the accomplishment of the academic standards in at least reading, writing, math, science and social studies, as determined by district assessment. A governing board may include additional measures of academic achievement and attendance and may prescribe course of study and competency requirements for promotion or graduation that are in addition to or higher than the course of study and competency requirements prescribed by SBE.

Currently, statute requires a teacher to determine whether to promote or retain a student in a common school grade based on the governing board's prescribed criteria. (A.R.S. § 15-701). For students in high school courses, statute requires a teacher to determine whether to pass or fail a student based on any prescribed competency requirements (A.R.S. § 15-701.01). A governing board may review the decision of a teacher to retain or fail a pupil but must base its decision on its prescribed criteria. Statute places the burden of proof to overturn the teacher's decision on the pupil. If the governing board overturns the teacher's decision, the governing must adopt a written finding that the pupil mastered academic standards (A.R.S. § 15-342).

Provisions

Governing Boards

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires a governing board to prescribe and enforce policies and procedures that require teachers to:

a)   Retain a pupil in a common school grade if the pupil does not meet the criteria prescribed by the governing board for promotion; and

b)   Fail a pupil in a high school course if the pupil does not meet the criteria prescribed by the governing board for graduation. (Sec. 1)

2.   Subjects the retention or failure of a pupil in a common school grade or high school course to governing board review. (Sec. 1)

Common Schools

3.   Instructs a teacher to retain a pupil in a common school grade if the pupil does not meet the criteria for promotion prescribed by the governing board. (Sec. 2)

4.   Allows a teacher to promote a 3rd grade pupil who does not demonstrate sufficient reading skills as determined by the pupil's score on the reading portion of the statewide assessment and who does not meet the criteria for promotion if the pupil:

a)   Is an English language learner (ELL) or a limited English proficient student and has had fewer than two years of English language instruction;

b)   Is in the process of a special education referral or evaluation, has been diagnosed with a significant reading impairment or is a child with a disability, with the agreement of the pupil's individualized education program (IEP) team and parent;

c)   Demonstrates sufficient reading skills or adequate progress toward 3rd grade reading standards; or

d)   Receives intervention and remedial services. (Sec. 2)

5.   Allows a teacher to promote a common school pupil who does not meet the criteria for promotion if the student is:

a)   Eligible for a special exception prescribed by the governing board;

b)   An ELL or a limited English proficient student and has had fewer than two years of English language instruction, with the agreement of the pupil's teacher and parent; or

c)   In the process of a special education referral or evaluation, has been diagnosed with a significant reading impairment or is a child with a disability, with the agreement of the pupil's IEP team and parent. (Sec. 2)

High Schools

6.   Instructs a teacher to fail a pupil in a high school course if the pupil does not meet the competency requirements required for graduation, if any have been prescribed. (Sec. 3)

7.   Allows a teacher to pass a pupil who does not meet competency requirements if the pupil either:

a)   Meets the requirements for a special exception prescribed by the governing board;

b)   Is an ELL or limited English proficient student and has had fewer than two years of English language instruction, with the agreement of the pupil's teacher and parent; or

c)   Is in the process of a special education referral or evaluation, has been diagnosed as having a significant reading impairment or is a child with a disability, with the agreement of the pupil's IEP team and parent. (Sec. 3)

Miscellaneous

8.   Makes technical changes. (Sec. 1, 3, 4, 5)

9.   Makes conforming changes. (Sec. 2, 3, 5)

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13.                    HB 2063

14.  Initials CH Page 0 Education

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