SB1572 - 562R

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

Section 1. Section 15-203, Arizona Revised Statutes, is amended to read:

START_STATUTE15-203. Powers and duties; definition

A. The state board of education shall:

1. Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.

2. Keep a record of its proceedings.

3. Make rules for its own government.

4. Determine the policy and work undertaken by it.

5. Subject to title 41, chapter 4, article 4, employ staff.

6. Prescribe and supervise the duties of its employees pursuant to title 41, chapter 4, article 4, if not otherwise prescribed by statute.

7. Delegate to the superintendent of public instruction the execution of board policies and rules.

8. Recommend to the legislature changes or additions to the statutes pertaining to schools.

9. Prepare, publish and distribute reports concerning the educational welfare of this state.

10. Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.

11. Aid in the enforcement of laws relating to schools.

12. Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the director of the school facilities division within the department of administration. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13. Prescribe minimum course of study and competency requirements for the graduation of pupils from high school. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the director of the school facilities division within the department of administration. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

14. Pursuant to section 15-501.01, supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification.

15. Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title. The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.

16. Adopt rules governing the methods for the administration of all proficiency examinations.

17. Adopt proficiency examinations for its use and determine the passing score for the proficiency examinations.

18. Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.

19. Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications. The standards shall not require the business manager of a school district to obtain certification from the state board of education.

20. Impose such disciplinary action, including disciplinary action pursuant to section 15-505 or the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, on a finding of immoral or unprofessional conduct.

21. Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title, including qualifying examinations for the early college credit by examination incentive and career pathways program pursuant to section 15-249.06.

22. Adopt a rule to promote braille literacy pursuant to section 15-214.

23. Adopt rules prescribing procedures for the state board of education to investigate every written complaint alleging that a certificated person, a person seeking certification or a noncertificated person has engaged in immoral or unprofessional conduct.

24. For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.

25. Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education. The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.

26. Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .

27. Adopt rules that provide for certification reciprocity pursuant to section 15-501.01.

28. Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:

(a) Currently resides in this state.

(b) Provides documented evidence from the department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

29. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

30. Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated and noncertificated persons.

31. Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school. A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service. For the purposes of this paragraph, "community service" may include service learning. The guidelines shall include the following:

(a) A list of the general categories in which community service may be performed.

(b) A description of the methods by which community service will be monitored.

(d) Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form. The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.

(e) Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service. The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school. The pupil may alter the written proposal at any time before performing community service.

(f) Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.

32. To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents. A reciprocity agreement entered into pursuant to this paragraph shall:

(a) Address procedures for each of the following:

(i) Transferring student records.

(ii) Awarding credit for completed coursework.

(iii) Allowing a student to satisfy the graduation requirements prescribed in section 15-701.01 through the successful performance on comparable exit-level assessment instruments administered in another state.

(b) Include appropriate criteria developed by the state board of education and the Arizona board of regents.

33. Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services. The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.

34. For each of the alternative textbook formats of human-voiced audio, large-print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state. Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats. The board shall post the designated list of alternative media producers on its website.

35. Adopt a list of approved professional development training providers for use by school districts as provided in section 15-107, subsection J. The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.

36. Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15-183, subsection C, paragraph 8 or section 15-550, subsection D from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41-1758.03, subsection B. The state board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card surrender requirements prescribed in section 15-183, subsection C, paragraph 9 or section 15-550, subsection E from certification pursuant to this title for at least ten years after the date of the violation.

37. Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.

38. Adopt rules to define competency-based educational pathways for college and career readiness that may be used by schools. The rules shall include the following components:

(a) The establishment of learning outcomes that will be expected for students in a particular subject, beginning with math.

(b) On or before December 31, 2022, A mechanism to allow pupils in grades seven through twelve who have demonstrated competency in a subject to immediately obtain credit for the mastery of that subject. The rules shall include a list of applicable subjects.

39. In consultation with the department of health services, the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools:

(a) Annual training in the administration of auto-injectable epinephrine for designated medical and nonmedical school personnel. The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto-injectors at the school during that fiscal year.

(b) Annual training for all school site personnel on the recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs, following the national guidelines of the American academy of pediatrics. The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto-injectors at the school during that fiscal year.

(d) Procedures for annually requesting a standing order for epinephrine auto-injectors pursuant to section 15-157 from the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14 or a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.

(e) Procedures for reporting the use of epinephrine auto-injectors to the department of health services.

40. In consultation with the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools that elect to administer inhalers:

(a) Annual training in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and the administration of inhalers, as directed on the prescription protocol, by designated medical and nonmedical school personnel.

(b) Requirements for school districts and charter schools that elect to administer inhalers to designate at least two employees at each school to be trained in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and at least two employees at each school to be trained in the administration of inhalers, as directed on the prescription protocol.

(d) Procedures for annually requesting a standing order for inhalers and spacers or holding chambers pursuant to section 15-158 from the chief medical officer of a county health department, a physician licensed pursuant to title 32, chapter 13, 14 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15.

(e) Procedures for notifying a parent once an inhaler has been administered.

41. Adopt rules for certification that allow substitute teachers who can demonstrate primary teaching responsibility in a classroom as defined by the state board of education to use the time spent in that classroom toward the required capstone experience for standard teaching certification.

42. For the purposes of Sandra Day O'Connor civics celebration day instruction under section 15-710.01, develop a list of recommended resources relating to civics education that align with the academic standards prescribed by the state board of education in social studies pursuant to sections 15-701 and 15-701.01. The state board shall establish a process that allows public schools to recommend resources for addition to the list.

43. Direct and oversee the work of all investigators related to investigating certificated persons, persons seeking certification and noncertificated persons for immoral or unprofessional conduct under this title and rules adopted pursuant to this title. The investigators shall be housed within and are employees of the state board of education.

44. Establish best practices for social media and cellular telephone use between students and school personnel, including teachers, coaches and counselors, and encourage school district governing boards and charter school governing bodies to adopt policies that implement these best practices. The state board of education shall make these best practices available to both public and private schools.

45. For the purposes of 9/11 education day instruction under section 15-710.02, develop a list of recommended resources relating to age-appropriate education on the terrorist attacks of September 11, 2001 that align with the academic standards prescribed by the state board pursuant to sections 15-701 and 15-701.01. The state board shall establish a process that allows public schools to recommend resources for addition to the list.

B. The state board of education may:

1. Contract.

2. Sue and be sued.

3. Distribute and score the tests prescribed in chapter 7, article 3 of this title.

4. Provide for an advisory committee or hearing officers to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate, whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate and whether grounds exist to impose or lift disciplinary action against a noncertificated person. The board may delegate its responsibility to conduct hearings and screenings to its advisory committee or hearing officers. Hearings shall be conducted pursuant to title 41, chapter 6, article 6.

5. Proceed with the disposal of any complaint requesting disciplinary action against a noncertificated person after the board has imposed disciplinary action pursuant to section 15-505 or against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.

6. Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith. Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the state board of education in the investigation of the complaint.

7. Issue subpoenas to compel the attendance and testimony of witnesses and production of documents or any physical evidence in connection with an investigation or hearing of an allegation that a certificated person, a person seeking certification or a noncertificated person has engaged in immoral or unprofessional conduct. If a subpoena issued by the board is disobeyed, the board may petition the superior court to enforce the subpoena. Any failure to obey an order of the court pursuant to this paragraph may be punished by the court as contempt.

C. For the purposes of this section, "noncertificated person" has the same meaning prescribed in section 15-505. END_STATUTE

Sec. 2. Section 15-240, Arizona Revised Statutes, is amended to read:

START_STATUTE15-240. High-quality teacher professional development program; fund; annual report; definitions

A. The department of education shall establish a high-quality teacher professional development program and, subject to available appropriations, is established within the department of education. tHE DEPARTMENT may issue scholarships or grants, or both, on a competitive basis as determined by the department, to qualified applicants in order to obtain high-quality teacher professional development from a qualifying postsecondary institution that will support certificated teachers in gaining additional TRAINING, credentials and OR certifications to teach in high-need content areas. Scholarships and grants issued pursuant to this subsection may not exceed $2,000 per qualified applicant. Any qualified applicant who receives a scholarship or grant pursuant to this subsection shall agree to teach in a public school in this state for at least three ONE additional years YEAR after completing the coursework or program at a qualifying postsecondary institution. A qualified applicant who accepts a scholarship or grant pursuant to this subsection and who does not teach in a public school in this state for at least three ONE additional years YEAR after completing the coursework or program at a qualifying postsecondary institution shall pay back the full amount of the scholarship or grant in a manner to be determined by the department. The department may retain up to three percent of the monies appropriated for the program to offset administrative costs.

B. THE HIGH-QUALITY TEACHER PROFESSIONAL DEVELOPMENT PROGRAM FUND IS ESTABLISHED CONSISTING OF MONIES THAT ARE APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR THE PURPOSES OF THIS SECTION. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.

B. c. On or before November 1 of each year, the department of education shall submit to the governor, the president of the senate and the speaker of the house of representatives a report that summarizes the results of the program. The department shall provide a copy of this report to the secretary of state.

C. d. For the purposes of this section:

1. "Additional training, credentials or certifications" includes both of the following:

(a) THE REQUIREMENTS FOR TEACHING A DUAL ENROLLMENT COURSE ADOPTED BY A HIGHER LEARNING COMMISSION THAT ACCREDITS DEGREE-GRANTING POSTSECONDARY INSTITUTIONS IN THE NORTH CENTRAL REGION, INCLUDING THIS STATE.

(b) A training program to facilitate the teaching and learning in a concurrent enrollment course.

1. 2. "High-need content area" means any science, technology, engineering or mathematics or career and technical education content.

2. 3. "Qualified applicant" means a teacher who is certificated in this state by the state board of education pursuant to section 15-203 and who is currently teaching in a public school in this state.

3. 4. "Qualifying postsecondary institution" means a regionally or nationally accredited public or private postsecondary educational institution in this state. END_STATUTE

Sec. 3. Repeal

A. Section 15-249.06, Arizona Revised Statutes, is repealed.

B. All unexpended and unencumbered monies remaining in the college credit by examination development fund established by section 15-249.06, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred to the early college credit and career pathways fund established by section 15-249.06, Arizona Revised Statutes, as added by this act, on the effective date of this section.

Sec. 4. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding a new section 15-249.06, to read:

START_STATUTE15-249.06. Early college credit and career pathways program; rules; posting; annual report; fund; definitions

A. The early college credit and career pathways program is established within the department of education to provide incentives, increased access and financial assistance for students to earn early college credit or complete a certificate, credential or license for in-demand fields. The state board of education shall adopt rules pursuant to this section for the department of education to administer.

B. The department of education shall distribute monies from the early college credit and career pathways fund established by subsection J of this section to a school district, charter school, career technical education district or qualifying provider pursuant to subsection c of this section. A school district, charter school, career technical education district or qualifying provider may not receive more than $1,600 per student in any fiscal year.

C. A school district, charter school, career technical education district or qualifying provider may generate funding for a student pursuant to any of the following, except that a qualifying provider may generate funding only pursuant to paragraphs 2 and 3 of this subsection:

1. $1,000 for a qualifying student who completes a program resulting in a qualifying certificate, credential or license, except that a qualifying student may not generate more than one award pursuant to this paragraph in a single fiscal year.

2. $50 per credit hour for a qualifying student in grade nine or ten who obtains a passing grade in a qualifying course, except that a qualifying student may not generate more than $300 in a single fiscal year.

3. $50 per credit hour for a qualifying student in grade eleven or twelve who obtains a passing grade in a qualifying course, except that a qualifying student may not generate more than $600 in a single fiscal year.

4. $450 for a qualifying student who receives a passing score during the previous fiscal year on a qualifying examination.

D. For the purposes of determining funding for a qualifying certificate, credential or license pursuant to subsection c, paragraph 1 of this section, all of the following apply:

1. On or before september 1 of each year, the office of economic opportunity shall provide an in-demand education list to the department of education that includes information related to wages, business growth and job openings and that identifies and ranks the top occupations in each industry that address a critical statewide, regional or local economic need. The office of economic opportunity shall incorporate industry feedback as part of the development of the in-demand education list.

2. On or before october 1 of each year, the department of education shall align the office of economic opportunity'S in-demand education list to the career technical education industry credentials list of approved career and technical education programs developed pursuant to paragraph 3 of this subsection.

3. On or before february 1 of each year, the department of education shall convene a quality skills commission that is composed of individuals from the office of economic opportunity, the department of education, the arizona commerce authority, school districts, charter schools, career technical education districts, industry partners and business organizations to review a separate career technical education industry credentials list.

E. For the purposes of determining a qualifying examination pursuant to subsection c, paragraph 4 of this section, the arizona board of regents shall maintain a list of qualifying examinations that a high school student may take to receive college credit in mathematics, english language arts, social studies or science from any university under the jurisdiction of the arizona board of regents and the passing scores required on those examinations to receive college credit. On or before september 1 of each year, the arizona board of regents shall provide the list of qualifying examinations and passing scores to the department of education.

F. If the statewide sum of monies awarded pursuant to this section exceeds the amount of available monies appropriated, the monies shall be reduced proportionally to cover all eligible awards.

G. On or before march 1 of each year, the department of education shall publish and post on its website and submit to the joint legislative budget committee for review a list of all qualifying examinations, qualifying courses and qualifying certificates, credentials or licenses that are eligible for funding pursuant to this section in the subsequent school year.

H. Any monies received by a school district, charter school or career technical education district pursuant to this section shall be separately accounted for in the school district's, charter school's or career technical education district's annual financial report. A school district, charter school or career technical education district that receives funding pursuant to this section may spend these monies on any of the following:

1. Instructional costs and professional development for any of the following:

(a) A career technical education program teacher to become a certifying professional for a qualifying certificate, credential or license.

(b) A teacher to satisfy the requirements for teaching a dual enrollment course adopted by a higher learning commission that accredits degree-granting postsecondary education institutions in the north central region, including this state.

(d) A teacher to complete a training program to facilitate the classroom instruction in a course designed for a student to take a qualifying examination.

2. To offset student costs for any of the following:

(a) A certification, credentialing or licensure.

(b) Enrolling in a qualifying dual or concurrent enrollment course.

3. For costs related to developing, expanding or improving any of the following:

(a) An approved site of a certificate, credential or license career technical education program or course.

(b) Access to enrolling in a qualifying dual or concurrent enrollment course.

4. Instructional hardware, software or supplies required for the certification, credentialing or licensure.

5. College and career exploration in any school grade and awareness activities for parents, students and the community for the approved INDUSTRY sectors.

6. Incentive bonuses to classroom teachers or educational support staff who assist students in achieving outcomes pursuant to this section. Bonus monies awarded to a classroom teacher or education support staff pursuant to this paragraph are in addition to any regular wage, compensation or other bonus the individual receives or is scheduled to receive. Incentive bonuses distributed to and any bonus monies received by a school district or charter school pursuant to this paragraph are not subject to collective bargaining.

I. Subject to the review and approval by the state board of education, on or before february 1 of each year, the department of education shall submit to the president of the senate, the speaker of the house of representatives, the governor and the secretary of state a report that summarizes all of the following for the prior fiscal year:

1. The number and value of awards that were distributed to each school, by the eligible funding categories pursuant to subsection c of this section, including the number of students under each eligibility category.

2. The number of students at each school, by grade level, who were enrolled in a career technical education program or course with a qualifying certificate, credential or license.

3. The number of high school graduates at each school who completed a career technical education program and who obtained a qualifying certificate, credential or license.

4. The number and types of qualifying certificates, credentials and licenses obtained by students who received awards.

5. The number of students who took a qualifying examination at each school.

6. The number of students who received a passing score on a qualifying examination and the number of awards distributed.

7. The number and types of qualifying examinations taken by students.

8. The number and types of qualifying courses in which students enrolled.

9. The number of students at each school who received a passing grade in a qualifying course.

J. The early college credit and career pathways fund is established consisting of monies that are appropriated to the department of education for the purposes of this section. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

K. For the purposes of this section:

1. "Passing grade" means either:

(a) For a dual enrollment course, a letter grade of A, B or C.

(b) For a concurrent enrollment course, a grade that is required by the qualifying provider who provides the course.

2. "passing score" means a score on a qualifying examination that is required by the Arizona board of regents for a student to receive credit at a university.

3. "qualifying certificate, credential or license" means an in-demand industry certificate, credential or license as determined by the department of education pursuant to this section.

4. "qualifying course" means either of the following:

(a) A dual enrollment course that either:

(i) Fulfills a lower division general education credit at a university under the jurisdiction of the arizona board of regents or a community college as defined in section 15-1401.

(ii) Is a career and technical education course that is required for a program that results in a qualifying certificate, credential or license.

(b) a concurrent enrollment course pursuant to section 15-901.07 that fulfills a lower division general education credit at a university under the jurisdiction of the arizona board of regents or a community college as defined in section 15-1401.

5. "qualifying examination" means an examination that a high school student may take to receive college credit in mathematics, english language arts, social studies or science.

6. "qualifying provider" means a community college as defined in section 15-1401 or a university under the Arizona board of regents that provides a qualifying course.

7. "qualifying student" means a student who meets all of the following:

(a) Has a grade point average of at least 2.5 on a 4.0 scale.

(b) Is enrolled in any of grades nine through twelve and is currently enrolled in a charter school or school district in this state.

(i) Attends a school district or charter school in which fifty percent or more of the students are eligible for free or reduced-price lunches.

(ii) Does not attend a school district or charter school in which fifty percent or more of the students are eligible for free or reduced-price lunches but who has certified with the school district or charter school that the student is eligible for free or reduced-price lunches. END_STATUTE

Sec. 5. Section 15-741.02, Arizona Revised Statutes, is amended to read:

START_STATUTE15-741.02. Menu of achievement assessments; requirements; rules; definition

A. The state board of education shall adopt a menu of achievement assessments to measure pupil achievement of the state academic standards. Beginning in the 2018-2019 school year, Each local education agency that offers instruction in grades nine through twelve may select from that menu an achievement assessment to administer to the pupils in that local education agency in grades designated by the state board instead of the statewide assessment to measure pupil achievement adopted by the state board pursuant to section 15-741. No later than the 2023-2024 school year, Each local education agency that offers instruction in grades three through eight may select from that menu an achievement assessment to administer to the pupils in that local education agency instead of the statewide assessment to measure pupil achievement adopted by the state board pursuant to section 15-741. The department of education shall provide adequate staff support for the state board to comply with this section.

B. An achievement assessment in use by a local education agency that is not on the menu of assessments by March 1, 2018 may be added to the menu at the request of the local education agency and shall be approved by the state board of education if the assessment is nationally recognized, a qualifying college credit examination pursuant to as defined in section 15-249.06 or an assessment adopted pursuant to section 15-792.03 examination administered pursuant to article 6 of this chapter. The state board may approve any other assessment if the assessment meets the requirements of subsection E of this section. The state board shall evaluate assessments that are not on the menu pursuant to this section annually and shall notify local education agencies of the results on or before May 1 of each year.

C. A local education agency that selects an achievement assessment pursuant to this section meets the requirements prescribed in section 15-741. The local education agency shall include the name of the assessment it administers in the school report card required in section 15-746 and administer the assessment for a minimum period of time prescribed by the state board of education.

D. The state board of education shall adopt policies, rules and procedures to carry out this section. Any policy, rule or procedure adopted pursuant to this subsection may not require a local education agency to receive additional approval from the state board or the department of education to select an assessment from the menu of assessments. A local education agency that adopts an achievement assessment pursuant to this section shall provide the necessary reasonable accommodations for a student who is an English language learner and the necessary accommodations and modifications for a student as required by the student's individualized education program team.

E. The state board of education shall require that the provider of an achievement assessment that is proposed for the menu of achievement assessments do all of the following:

1. Provide evidence that the assessment is a high quality assessment.

2. Demonstrate that the assessment meets or exceeds the level of rigor of the state board's adopted academic standards.

3. Demonstrate that the assessment scores can be scaled for state accountability programs including establishing comparable student performance levels for achievement profiles and letter grade classifications issued pursuant to section 15-241.

4. Submit an evaluation from a third party approved by the state board that shows the assessment meets the requirements prescribed in paragraphs 1, 2 and 3 of this subsection.

5. Provide a copy of assessment scores to the department of education when scores are provided to the partnering local education agency.

F. For the purposes of this section, "nationally recognized" means accepted by universities for the purposes of awarding college credit or admissions. END_STATUTE

Sec. 6. Repeal

A. Section 15-249.15, Arizona Revised Statutes, is repealed.

B. All unexpended and unencumbered monies remaining in the Arizona industry credentials incentive fund established by section 15-249.15, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred to the early college credit and career pathways fund established by section 15-249.06, Arizona Revised Statutes, as added by this act, on the effective date of this section.