Chapter 0050 - 562R - S Ver of SB1113

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

Section 1. Section 15-217, Arizona Revised Statutes, is amended to read:

START_STATUTE15-217. Performance measures; adult education and workforce development programs

A. On or before July 1, 2024, the state board of education, in cooperation with the department of education, shall adopt performance measures to evaluate the performance of adult education and workforce development programs established under sections 15-217.01, 15-217.02 and 15-217.03. The performance measures shall include:

1. Measurements of adult learner progress toward earning a high school diploma or high school equivalency diploma.

2. The number of high school diplomas or high school equivalency diplomas earned.

3. The number of industry-recognized credentials earned.

4. The number of adult learners or graduates who have matriculated at an institution of higher learning or postsecondary educational institution.

5. The number of adult learners or graduates who have newly acquired employment, who are now earning higher wages or who have obtained a better job or a promotion.

6. Other relevant measures as adopted by the state board of education, in cooperation with the department of education.

B. The performance measures adopted by the state board of education pursuant to this section shall both:

1. Allow for a comparable evaluation across adult education and workforce development programs.

2. Take into consideration the variety of learning levels of adult learners entering the programs.

C. The department of education may not assign a letter grade pursuant to section 15-241 to a program school that is established pursuant to section 15-217.01. END_STATUTE

Sec. 2. Section 15-217.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-217.01. Continuing high school and workforce training program; service providers; program schools; requirements; exemptions; reporting; enrollment limits; rules

A. The state board of education shall establish a continuing high school and workforce training 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 department of education shall administer the program. The state board of education shall authorize eligible service providers to participate in the continuing high school and workforce training program and to establish a program school in partnership with a school district or nonprofit charter school.

B. To be eligible to participate in the continuing high school and workforce training 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 or be an adult education provider that is approved by the division of adult education within the department of education.

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. unless one of the following applies:

1. Program schools established under this section are expressly exempt from the legal requirement.

2. The state board of education determines that the legal requirement is not feasible.

3. The state board of education determines that the legal requirement is not applicable to the education of adult learners.

E. The following provisions of this title do not apply to program schools established under this section:

1. The English language proficiency assessment requirements under sections 15-756 and 15-756.05.

2. The residency record requirement under section 15-802.

3. The withdrawal form requirements under section 15-827 for any adult learner who has not attended another school in this state during the two years immediately preceding the adult learner's enrollment in the program school.

4. The school records requirements under section 15-828.

5. The letter grades assigned under section 15-241.

F. Each program school shall:

1. Exercise the program school's best effort to obtain confirmation of each adult learner's withdrawal from another school in this state, including requesting a student transcript or receiving verbal confirmation from an official of the school from which the adult learner withdrew.

2. require an adult learner who enrolls in the program school to provide both:

(a) verifiable documentation of the adult learner's residency in this state.

(b) Reliable proof of the adult learner's age, which may include an identification record issued by a state, federal or tribal government or a military identification card.

3. Administer an English language proficiency assessment that is accepted by universities or community colleges in this state.

E. G. Notwithstanding any other law, the department of education shall distribute monies to an approved program school as follows:

1. The program school shall receive $7,700 per full-time student enrolled in the program school. Part-time students shall be funded in proportion to the number of enrolled courses or hours of instruction.

2. The program school is eligible to receive funding for any adult learner regardless of age.

3. The program school is not eligible for any other school finance formula funding for adult learners enrolled in the program school, including any of the following:

(a) Transportation funding pursuant to section 15-945.

(b) Arizona online instruction funding pursuant to section 15-808.

(d) Additional assistance.

F. H. The department of education shall develop application procedures for the continuing high school and workforce training 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 or nonprofit charter school.

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 length of school day, program sequence, multidisciplinary courses, pace and instructional activities, or any combination of these items.

4. Confirmation of the program school's location and a description of the program school's facility, including all of the following:

(a) Accessibility.

(b) Available classroom space.

(d) Health and safety requirements.

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

6. A description of the adult learner and family supports that the program school will provide at no cost to adult learners, including all of the following:

(a) On-site child care for dependents of enrolled adult learners while the adult learner is on-site.

(b) Local transportation assistance for adult learners with a verifiable need.

(d) Job placement assistance.

7. A description of the available counseling services that assist adult learners in overcoming barriers to educational success, including any of the following:

(a) Educational disadvantages.

(b) Homelessness.

(d) Disabling conditions.

8. A description of the career technical education instruction the program school will provide. 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 or career technical education district to provide career technical education instruction.

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

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

G. I. The state board of education, in consultation with the department of education, shall evaluate applications submitted for the continuing high school and workforce training 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 and workforce training 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 and workforce training program.

H. J. An approved program school participating in the continuing high school and workforce training 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. The number of adult learners who have newly acquired proficiency in the English language, as demonstrated by an assessment administered pursuant to subsection F, paragraph 3 of this section.

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

7. The information required by the performance measures adopted by the state board of education pursuant to section 15-217.

I. K. On or before October 30, 2025 and on or before October 30 of each year thereafter, each program school shall submit a report regarding the continuing high school and workforce training program to the department of education.

J. L. On or before December 15, 2025 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 and workforce training program to the governor, the president of the senate, the speaker of the house of representatives and the state board of education. The department shall provide a copy of the report to the secretary of state.

K. M. The state board of education may approve program schools with a total projected full-time enrollment of:

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

2. In fiscal year 2023-2024, not more than one thousand.

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

L. N. If the total full-time enrollment requested by approved program schools is greater than the amounts prescribed in subsection K M of this section, the state board of education may direct the department of education to prioritize funding distribution to program schools demonstrating the highest performance. New program schools shall be prioritized based on the services and supports for adult learners as outlined in their applications.

M. O. A program school may not either:

1. Conduct advertising or marketing campaigns directed at students who are currently enrolled in a school district or charter school, or undertake any other activity that encourages students who are currently enrolled in a school district or charter school to stop attending school in order to enroll in a program school.

2. Enroll a student who was enrolled in a school district or charter school within the preceding thirty days.

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

O. Q. The department of education shall provide adequate staff support for the state board of education to comply with this section. END_STATUTE