(as passed by Arizona Senate, 17 March 1999)
AMENDING SECTIONS 15-351, 15-701.01, 15-751, 15-752, 15-753, 15-754, 15-755
AND 15-756, ARIZONA REVISED STATUTES; AMENDING SECTIONS 15-901 AND 15-1626,
ARIZONA REVISED STATUTES; MAKING AN APPROPRIATION; RELATING TO BILINGUAL
AND ENGLISH AS A SECOND LANGUAGE PROGRAMS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-351, Arizona Revised Statutes, is amended to read:
A. The purpose of this section is to ensure that individuals who are affected by the outcome of a decision at the school site have an opportunity to provide input into the decision making process.
B. Each school shall establish a school council. A governing board may delegate to a school council the responsibility to develop a curriculum and may delegate any additional powers that are reasonably necessary to accomplish decentralization. The school council shall reflect the ethnic composition of the local community and, except as provided in section 15-352, shall consist of the following members:
1. Parents
2. Teachers.
3. Noncertified employees.
4. Community members.
5. Pupils, if the school is a high school.
C. Each group specified in subsection B of this section shall select its representatives and shall submit the names of its respective representatives to the principal for appointment to the school council. The initial representatives shall be selected at public meetings held at the school site, and, thereafter, representatives shall be selected by their groups in the manner determined by the school council. Schools shall give notice of the public meeting where the initial representatives of the groups shall be selected, clearly stating its purpose, time and place. The notice shall be posted in at least three different locations at the school site and in the community and shall be given to pupils for delivery to their parents.
D. The governing board shall determine the initial number of school
council members. Thereafter, the school council shall determine the number.
The number of teachers and parents
E. The principal shall serve as chairman of the school council unless another person is elected by a majority of the school council members.
Sec. 2. Section 15-701.01, Arizona Revised Statutes, is amended to read:
A. The state board of education shall:
1. Prescribe a minimum course of study, as defined in section 15-101 and incorporating the academic standards adopted by the state board of education, for the graduation of pupils from high school.
2. Prescribe competency requirements for the graduation of pupils from high school incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies.
3. Develop and adopt competency tests for the graduation of pupils from high school in at least the areas of reading, writing and mathematics and shall establish passing scores for each such test.
B. 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 graduation of pupils from the high 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.
C. The governing board may prescribe the course of study and competency requirements for the graduation of pupils from high school which are in addition to or higher than the course of study and competency requirements which the state board prescribes.
D. The governing board may prescribe competency requirements for the passage of pupils in courses which are required for graduation from high school.
E. A teacher shall determine whether to pass or fail a pupil in a course in high school as provided in section 15-521, paragraph 3 on the basis of the competency requirements, if any have been prescribed. The governing board, if it reviews the decision of a teacher to pass or fail a pupil in a course in high school as provided in section 15-342, paragraph 11, shall base its decision on the competency requirements, if any have been prescribed.
F. Graduation requirements established by the governing board may be
met by a pupil who passes courses in the required or elective subjects
at a community college or university, if the course is at a higher level
than the course taught in the high school attended by the pupil or, if
the course is not taught in the high school, the level of the course is
equal to or higher than the level of a high school course. The governing
board shall determine if the subject matter of the community college or
university course is appropriate to the specific requirement the pupil
intends it to fulfill and if the level of the community college or university
course is less than, equal to or higher than a high school course, and
the governing board shall award one-half of a carnegie unit for each three
semester hours of credit the pupil earns in an appropriate community college
or university course. If a pupil is not satisfied with the decision of
the governing board regarding the amount of credit granted or the subjects
for which credit is granted, the pupil may request that the state board
of education review the decision of the governing board, and the state
board shall make the final determination of the amount of credit to be
given the pupil and for which subjects. The governing board shall not limit
the number of credits
1. "Community college" means a community college under the jurisdiction of the state board of directors for community colleges or a postsecondary educational institution under the jurisdiction of an Indian tribe recognized by the United States department of the interior.
2. "University" means a university under the jurisdiction of the Arizona board of regents.
G. A pupil who transfers from a private school shall be provided with a list that indicates those credits that have been accepted and denied by the school district. A pupil may request to take an examination in each particular course in which credit has been denied. The school district shall accept the credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the school district who teaches the subject matter on which the examination is based. In addition to the above requirements, the governing board of a school district may prescribe requirements for the acceptance of the credits of pupils who transfer from a private school.
Sec. 3. Section 15-751, Arizona Revised Statutes, is amended to read:
In this article, unless the context otherwise requires:
1.
2.
Sec. 4. Section 15-752, Arizona Revised Statutes, is amended to read:
A. All classes shall be conducted in English except classes of bilingual
instruction or foreign language instruction
B. In any school district in which there are pupils who are
1. THE PUPIL'S LATEST ASSESSED READING, WRITING AND ORAL SCORES COMPARED TO THE SCORES THAT ARE SUFFICIENT TO BE DETERMINED ENGLISH PROFICIENT.
2. NOTICE OF THE TYPE OF PROGRAM INTO WHICH THE PUPIL WILL BE PLACED.
3. A DESCRIPTION OF THE PROGRAM INTO WHICH THE PUPIL WILL BE PLACED INCLUDING THE AMOUNT OF INSTRUCTION THAT WILL OCCUR IN THE ENGLISH LANGUAGE.
4. FOR PUPILS WITH AN INDIVIDUAL LANGUAGE PROGRAM, THE TYPE AND AMOUNT OF SERVICES AND INSTRUCTION THAT WILL BE GIVEN THE PUPIL.
5. A STATEMENT OF WHETHER OR NOT THE PERSONNEL THAT WILL BE INSTRUCTING THE CHILD HAVE A TEACHING CERTIFICATE AND A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE ENDORSEMENT. MIDDLE SCHOOLS AND HIGH SCHOOLS MAY FULFILL THIS REQUIREMENT BY PROVIDING A LIST OF CERTIFIED TEACHERS WITH A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE ENDORSEMENT.
6. THE AVERAGE NUMBER OF YEARS PUPILS IN SIMILAR PROGRAMS IN THE DISTRICT HAVE REMAINED IN THOSE PROGRAMS BEFORE THEY BECAME PROFICIENT IN ENGLISH.
7. DIRECTIONS ON HOW A PARENT OR GUARDIAN CAN EXCLUDE A PUPIL FROM THE ASSIGNED PROGRAM, INCLUDING NOTIFICATION THAT THE SCHOOL MUST PROVIDE EXCLUDED PUPILS WITH AN INDIVIDUAL LANGUAGE PROGRAM TO PROMOTE ENGLISH ACQUISITION.
8. INFORMATION ON HOW TO OBTAIN A COPY OF THE SELF-ASSESSMENT CONDUCTED PURSUANT TO SECTION 15-755, SUBSECTION C.
9. INFORMATION ON HOW TO REQUEST A MEETING TO REVIEW THE PUPIL'S PROGRESS IN ACADEMIC STANDARDS OR ENGLISH PROFICIENCY PURSUANT TO SUBSECTION E OF THIS SECTION.
E. ON REQUEST OF A PARENT OR LEGAL GUARDIAN OF AN ENGLISH LANGUAGE LEARNER, THE PRINCIPAL SHALL CONVENE A MEETING WITH THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE, THE PARENT OR LEGAL GUARDIAN AND THE CLASSROOM TEACHER TO REVIEW THE PUPIL'S PROGRESS IN ACHIEVING PROFICIENCY IN THE ENGLISH LANGUAGE OR IN MAKING PROGRESS TOWARD THE ACADEMIC STANDARDS ADOPTED PURSUANT TO SECTION 15-701 AND TO MAKE MODIFICATIONS TO THE PUPIL'S INSTRUCTION IN ORDER TO ADDRESS IDENTIFIED PROBLEMS. IF THE CLASSROOM TEACHER DOES NOT HAVE AN ENGLISH AS A SECOND LANGUAGE OR BILINGUAL EDUCATION ENDORSEMENT, THE MEETING SHALL INCLUDE AN ADMINISTRATOR OR A TEACHER WHO DOES HAVE SUCH AN ENDORSEMENT.
F. ENGLISH LANGUAGE LEARNERS WHO ARE NOT PROGRESSING TOWARD PROFICIENCY IN THE ACADEMIC STANDARDS ADOPTED BY THE BOARD OF EDUCATION PURSUANT TO SECTION 15-701 AS EVIDENCED BY FAILURE TO IMPROVE SCORES ON TESTS CONDUCTED PURSUANT TO SECTION 15-741, SUBSECTION A, PARAGRAPHS 2 AND 3 SHALL BE PROVIDED ADDITIONAL COMPENSATORY INSTRUCTION TO HELP THEM ACHIEVE THOSE ACADEMIC STANDARDS.
G. VOLUNTEER PUPILS, BOTH ENGLISH LANGUAGE LEARNERS AND ENGLISH PROFICIENT PUPILS, SHALL BE GIVEN PRIORITY FOR BILINGUAL-BICULTURAL AND DUAL LANGUAGE ACQUISITION PROGRAMS.
Sec. 5. Section 15-753, Arizona Revised Statutes, is amended to read:
A. Each school district shall identify the number of pupils who have
a primary
1. Initial identification of such pupils from school enrollment forms.
2. By October 1 of each year, completion of home language surveys for
all new pupils identified as having a primary
B. By December 1 of each year, the school district shall determine the
language proficiency in both English and the primary
C. THE SCHOOL DISTRICT OF A NEW PUPIL IDENTIFIED AS BEING AN ENGLISH LANGUAGE LEARNER SHALL REQUEST FROM THE PREVIOUS IN-STATE SCHOOL DISTRICT AND MAY REQUEST FROM A PREVIOUS OUT-OF-STATE SCHOOL DISTRICT SCHOOL RECORDS, TRANSCRIPTS, TEST SCORES AND OTHER INFORMATION ON THE PUPIL'S EDUCATIONAL EXPERIENCES THAT WILL ASSIST THE NEW SCHOOL DISTRICT IN PROVIDING APPROPRIATE INSTRUCTION TO THAT PUPIL.
1. Be used at least once every two years with all
2. Be
(a) A teacher evaluation of the pupil's English language proficiency and an assessment of the pupil's readiness to succeed in an English language course of study.
(b) An objective assessment of the pupil's oral language proficiency, writing skills and literacy skills in English.
(c) Parent opinion and consultation.
(d)
Sec. 6. Section 15-754, Arizona Revised Statutes, is amended to read:
A. Each school district which has ten or more
1. A transitional bilingual program consisting of an organized program
of instruction which is conducted in kindergarten programs and grades one
through six in which participating pupils receive instruction in and through
English and the primary home language of the pupils. The principal goal
of a transitional bilingual program is to increase the English language
proficiency and academic achievement of the pupils in order to transfer
them to all English instruction when they meet the reassessment criteria
as prescribed in section 15-753, subsection
2. A language learning program for grades seven through twelve consisting of a structured bilingual program to promote English language proficiency and academic achievement through the use of the pupil's primary home language for instruction in the elective and nonelective content courses required for graduation.
3. A bilingual-bicultural program for kindergarten programs and grades one through eight or for kindergarten programs and grades one through twelve consisting of a system of instruction which uses two languages, one of which is English, as a means of instruction. It is a means of instruction which builds on and expands the existing language skills of each participating pupil which will enable the pupil to achieve competency and literacy in both languages. This instruction shall include the history and culture of this state and the United States, as well as customs and values of the cultures associated with the languages being taught.
4. A DUAL LANGUAGE ACQUISITION PROGRAM FOR KINDERGARTEN PROGRAMS AND GRADES ONE THROUGH TWELVE CONSISTING OF A SYSTEM THAT PROMOTES A HIGH LEVEL OF PROFICIENCY IN A SECOND LANGUAGE AND ACADEMIC PERFORMANCE AT OR ABOVE GRADE LEVEL IN BOTH LANGUAGES.
(a) Daily instruction in English language development
(i) Listening and speaking skills.
(ii) Reading and writing skills.
(iii) Cognitive and academic skill development in English.
(b)
B. Each school district which has nine or fewer
C. THE CURRICULUM OF ALL BILINGUAL, ENGLISH AS A SECOND LANGUAGE AND INDIVIDUAL LANGUAGE PROGRAMS SHALL INCORPORATE THE ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 15-701 AND SHALL BE COMPARABLE IN AMOUNT, SCOPE AND QUALITY TO THAT PROVIDED TO ENGLISH PROFICIENT PUPILS.
Sec. 7. Section 15-755, Arizona Revised Statutes, is amended to read:
A. Each school district shall submit a report to the department of education
by
1. The number of pupils
5. THE NUMBER OF PUPILS WHO HAVE BEEN REASSESSED AS BEING ENGLISH PROFICIENT BY GRADE LEVEL AND BY THE NUMBER OF YEARS THE PUPILS HAVE BEEN RECEIVING SERVICES THROUGH A SPECIFIC ENGLISH LANGUAGE LEARNER PROGRAM IN THAT DISTRICT.
C. Each school district which enrolls
D. EACH SCHOOL DISTRICT THAT ENROLLS ENGLISH LANGUAGE LEARNERS SHALL SUBMIT ANNUALLY TO THE DEPARTMENT OF EDUCATION THE FOLLOWING INFORMATION:
1. THE NUMBER OF ENGLISH LANGUAGE LEARNERS.
2. THE AMOUNT OF FUNDS USED TO DELIVER LANGUAGE SERVICES TO ENGLISH LANGUAGE LEARNERS.
3. THE CRITERIA THE SCHOOL DISTRICT IS USING TO DETERMINE WHETHER OR NOT A STUDENT IS AN ENGLISH LANGUAGE LEARNER.
4. THE CRITERIA THE SCHOOL DISTRICT IS USING TO DETERMINE WHETHER OR NOT A FORMER ENGLISH LANGUAGE LEARNER IS PERFORMING SUCCESSFULLY.
5. THE AVERAGE AMOUNT OF TIME SPENT DAILY IN ENGLISH INSTRUCTION FOR EACH TYPE OF PROGRAM THAT IS OFFERED.
6. THE DETAILS OF ANY COMPLIANCE AGREEMENT WITH THE UNITED STATES OFFICE OF CIVIL RIGHTS OR WITH THE STATE DEPARTMENT OF EDUCATION RELATING TO PROVISION OF SERVICES TO ENGLISH LANGUAGE LEARNERS.
E. ANNUALLY THE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ON-SITE EVALUATION OF AT LEAST TEN NEW SCHOOL DISTRICTS FROM THE FIFTY SCHOOL DISTRICTS IN THIS STATE WITH THE MOST NUMBER OF ENGLISH LANGUAGE LEARNERS AND AT LEAST TEN NEW EVALUATIONS OF THE REMAINING SCHOOL DISTRICTS WITH ENGLISH LANGUAGE LEARNERS. THE SCHOOL DISTRICTS SHALL BE CHOSEN BASED ON THE DEPARTMENT'S REVIEW OF THE REPORT SUBMITTED PURSUANT TO SUBSECTION D OF THIS SECTION. SCHOOL DISTRICTS WHICH HAVE THE LARGEST NUMBER OF ENGLISH LANGUAGE LEARNERS AND WHO APPEAR TO HAVE THE MOST DEFICIENCIES WITH COMPLIANCE WITH STATE AND FEDERAL LAWS SHALL BE EVALUATED FIRST. IN ADDITION THE DEPARTMENT SHALL CONDUCT AN EVALUATION OF ANY SCHOOL DISTRICT IF THE DEPARTMENT RECEIVES A VALID COMPLAINT FROM ANY CITIZEN OR THE UNITED STATES DEPARTMENT OF EDUCATION OR THE UNITED STATES OFFICE OF CIVIL RIGHTS REGARDING A DISTRICT'S COMPLIANCE WITH STATE OR FEDERAL LAW REGARDING ENGLISH LANGUAGE LEARNERS. THE EVALUATIONS SHALL INCLUDE CLASSROOM OBSERVATIONS, CURRICULUM REVIEWS, FACULTY INTERVIEWS AND A REVIEW OF INDIVIDUAL LANGUAGE PROGRAMS. THE DEPARTMENT MAY USE BILINGUAL EDUCATION OR ENGLISH AS A SECOND LANGUAGE ENDORSED PERSONNEL FROM OTHER SCHOOLS TO ASSIST IN THE EVALUATION. THE EVALUATION SHALL DETERMINE WHETHER OR NOT THE SCHOOL DISTRICT IS COMPLYING WITH STATE AND FEDERAL LAWS APPLICABLE TO ENGLISH LANGUAGE LEARNERS.
F. THE DEPARTMENT SHALL ISSUE A REPORT ON ITS EVALUATION WITHIN THIRTY DAYS AFTER COMPLETING THE EVALUATION. IF THE EVALUATION SHOWS THAT THE SCHOOL DISTRICT IS NOT IN COMPLIANCE WITH THESE LAWS, THE DISTRICT SHALL SUBMIT A CORRECTIVE ACTION PLAN TO THE DEPARTMENT OF EDUCATION WITHIN SIXTY DAYS AFTER THE COMPLETION OF THE EVALUATION. THE DEPARTMENT SHALL REVIEW THE CORRECTIVE ACTION PLAN AND MAY REQUIRE CHANGES TO THE PLAN. THE DEPARTMENT SHALL CONDUCT A FOLLOW-UP EVALUATION OF THE SCHOOL DISTRICT WITHIN ONE YEAR AFTER THE CORRECTIVE ACTION PLAN IS ACCEPTED.
G. IF THE DEPARTMENT FINDS CONTINUED NONCOMPLIANCE DURING THE FOLLOW-UP EVALUATION CONDUCTED PURSUANT TO SUBSECTION E OF THIS SECTION, THE SCHOOL DISTRICT SHALL HIRE A CONSULTANT THAT IS APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION OR SHALL REIMBURSE THE DEPARTMENT OF EDUCATION FOR THE SERVICES OF ITS PERSONNEL TO DEVELOP A CORRECTIVE ACTION PLAN IN CONJUNCTION WITH THE SCHOOL DISTRICT AND THE DEPARTMENT OF EDUCATION. THE DEPARTMENT SHALL CONDUCT A FOLLOW-UP EVALUATION OF THE SCHOOL DISTRICT WITHIN ONE YEAR AFTER THAT CORRECTIVE ACTION PLAN IS ACCEPTED.
I. A DISTRICT MAY APPEAL ANY DETERMINATION OF NONCOMPLIANCE TO THE OFFICE OF ADMINISTRATIVE HEARINGS. THE SUPERINTENDENT OF PUBLIC INSTRUCTION MAY WAIVE ALL OR ANY PART OF THE PENALTIES PRESCRIBED IN THIS SECTION IF THE SUPERINTENDENT DETERMINES THAT THE REASONS FOR NONCOMPLIANCE ARE BEYOND THE DISTRICT'S CONTROL.
J. IF A SCHOOL IS OUT OF COMPLIANCE BECAUSE OF A LACK OF QUALIFIED FACULTY, THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NOT WAIVE ANY PENALTIES IN THIS SECTION UNLESS THE DISTRICT HAS IN PLACE EFFECTIVE FACULTY TRAINING AND RECRUITMENT PROGRAMS.
K. EACH SCHOOL DISTRICT SHALL CONDUCT AN ANNUAL ANALYSIS OF THE ACADEMIC PRODUCTIVITY OF EACH SCHOOL SERVING ENGLISH LANGUAGE LEARNERS USING THE SCORES FROM THE NATIONALLY STANDARDIZED NORM-REFERENCED ACHIEVEMENT TEST ADOPTED PURSUANT TO SECTION 15-741, SUBSECTION A, PARAGRAPH 3 OR THE ALTERNATIVE ASSESSMENT OF ACHIEVEMENT PURSUANT TO SECTION 15-744, SUBSECTION B. THE ANALYSIS SHALL BE DONE ACCORDING TO A FORMAT PRESCRIBED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. THE RESULTS OF THE ANNUAL ANALYSIS SHALL BE REVIEWED BY ADMINISTRATORS IN THE DISTRICT AND FORWARDED TO THE DEPARTMENT OF EDUCATION.
Sec. 8. Section 15-756, Arizona Revised Statutes, is amended to read:
The superintendent of public instruction shall:
1. Enforce the compliance of school districts with the requirements of this article and report to the state board of education those districts which appear to be in noncompliance.
2. Monitor and review all requirements for fiscal and programmatic reporting of bilingual programs and English as a second language programs.
3. Prescribe the procedures for self-assessment as prescribed in section 15-755.
4. Present a summary of the reports specified in section 15-755 and
the superintendent's recommendations to the legislature
5. PROVIDE THE INDIVIDUAL SCHOOL DATA SPECIFIED IN SECTION 15-755 TO EACH SCHOOL COUNCIL ESTABLISHED UNDER SECTION 15-351 IN FEBRUARY OF EACH YEAR.
7. DEVELOP CRITERIA FOR DETERMINING WHETHER A CHILD IS AN ENGLISH LANGUAGE LEARNER. THE CRITERIA SHALL INCLUDE A TEST IN ORDER TO ASSESS THE PUPIL'S ORAL, READING AND WRITING SKILLS AND A SCORE ON THE TEST THAT DENOTES ENGLISH PROFICIENCY. THE CRITERIA SHALL NOT ALLOW THE SCORES FOR THE INITIAL DETERMINATION OF WHETHER A PUPIL IS ENGLISH PROFICIENT TO BE HIGHER THAN THE SCORES FOR THE REASSESSMENT OF WHETHER A PUPIL IS AN ENGLISH LANGUAGE LEARNER. IN ADDITION TO THE MINIMUM SCORES ON THE TEST, THE CRITERIA SHALL ALSO INCLUDE OTHER FACTORS, SUCH AS TEACHER OBSERVATIONS AND PARENTAL APPROVAL, THAT MUST BE SATISFIED BEFORE A PUPIL IS DETERMINED TO BE PROFICIENT IN ENGLISH.
8. DEVELOP CRITERIA TO EVALUATE THE ACHIEVEMENT LEVELS OF FORMER ENGLISH LANGUAGE LEARNERS WHO HAVE BEEN DETERMINED TO BE PROFICIENT IN ENGLISH. THE CRITERIA SHALL USE BOTH NORM-REFERENCED DATA AND DATA GENERATED BY THE DISTRICT AND MAY INCLUDE REVIEWS OF ATTENDANCE RECORDS, GRADES AND ACHIEVEMENT TEST SCORES. THE CRITERIA SHALL ENSURE THAT DEFICIENCIES IN ENGLISH SKILLS OR CONTENT AREA ARE READILY IDENTIFIED AND, IF NECESSARY, THE PUPIL IS RECLASSIFIED AS AN ENGLISH LANGUAGE LEARNER.
9. DEVELOP STANDARDIZED FORMS AND PROCEDURES THAT PROVIDE THE BASIC ELEMENTS OF INDIVIDUAL LANGUAGE PROGRAMS.
10. BY DECEMBER 1, 1999 AND EVERY TWO YEARS THEREAFTER, COMPLETE A COST STUDY OF EACH OF THE PROGRAMS PRESCRIBED BY SECTION 15-754, SUBSECTION A, PARAGRAPHS 1 THROUGH 5 AND INDIVIDUAL LANGUAGE PROGRAMS TO DETERMINE THE ADDITIONAL COSTS OF PROVIDING SERVICES TO ENGLISH LANGUAGE LEARNERS AS DEFINED IN SECTION 15-901. THE STUDY SHALL CONTAIN A CALCULATION OF THE SUPPORT LEVEL WEIGHT NECESSARY TO FUND EACH OF THE PROGRAMS.
11. DEVELOP PROGRAMS TO INCREASE THE NUMBER OF QUALIFIED TEACHERS WITH A BILINGUAL EDUCATION AND ENGLISH AS A SECOND LANGUAGE ENDORSEMENT IN THIS STATE AND REPORT ANNUALLY TO THE LEGISLATURE ON THEIR PROGRESS.
12. PROVIDE TECHNICAL ASSISTANCE TO SCHOOLS ON THE RECRUITMENT AND RETENTION OF FACULTY WITH THOSE ENDORSEMENTS.
13. IN CONJUNCTION WITH THE STAFF OF LEGISLATIVE COUNCIL, PERIODICALLY
CONDUCT A BEST IMPLEMENTATIONS REVIEW OF PROGRAMS FOR ENGLISH LANGUAGE
LEARNERS THAT INCLUDES CURRENT RESEARCH ON THESE PROGRAMS AND REPORT ANNUALLY
ON THE RESULTS TO ALL SCHOOL DISTRICTS AND THE LEGISLATURE.
Sec. 9. Section 15-901, Arizona Revised Statutes, is amended to read:
A. In this title, unless the context otherwise requires:
1. "Average daily attendance" or "ADA" means actual average daily attendance through the first one hundred days or two hundred days in session, as applicable.
2. "Average daily membership" means the total enrollment of fractional students and full-time students, minus withdrawals, of each school day through the first one hundred days or two hundred days in session, as applicable, for the current year. Withdrawals include students formally withdrawn from schools and students absent for ten consecutive school days, except for excused absences as identified by the department of education. For computation purposes, the effective date of withdrawal shall be retroactive to the last day of actual attendance of the student.
(a) "Fractional student" means:
(i) For common schools, a preschool child who is at least three years of age and enrolled in a program for preschool children with disabilities of at least three hundred sixty minutes each week or a kindergarten student at least five years of age prior to January 1 of the school year and enrolled in a school kindergarten program that meets at least three hundred forty-six instructional hours during the minimum number of days required in a school year as provided in section 15-341. Lunch periods and recess periods may not be included as part of the instructional hours unless the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented. In computing the average daily membership, preschool children with disabilities and kindergarten students shall be counted as one-half of a full-time student. For common schools, a part-time student is a student enrolled for less than the total time for a full-time student as defined in this section. A part-time common school student shall be counted as one-fourth, one-half or three-fourths of a full-time student if the student is enrolled in an instructional program that is at least one-fourth, one-half or three-fourths of the time a full-time student is enrolled as defined in subdivision (b) of this paragraph.
(ii) For high schools, a part-time student who is enrolled in less than four subjects that count toward graduation as defined by the state board of education in a recognized high school and who is taught in less than twenty instructional hours per week prorated for any week with fewer than five school days. A part-time high school student shall be counted as one-fourth, one-half or three-fourths of a full-time student if the student is enrolled in an instructional program that is at least one-fourth, one-half or three-fourths of a full-time instructional program as defined in subdivision (c) of this paragraph.
(b) "Full-time student" means:
(i) For common schools, a student who is at least six years of age prior to January 1 of a school year, who has not graduated from the highest grade taught in the school district and who is regularly enrolled in a course of study required by the state board of education. First, second and third grade students, ungraded students at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities who are at least five, but under six, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least six hundred ninety-two hours during the minimum number of days required in a school year as provided in section 15-341. Fourth, fifth and sixth grade students or ungraded students at least nine, but under twelve, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least eight hundred sixty-five hours during the minimum number of school days required in a school year as provided in section 15-341. Seventh and eighth grade students or ungraded students at least twelve, but under fourteen, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least one thousand thirty-eight hours during the minimum number of days required in a school year as provided in section 15-341. Lunch periods and recess periods may not be included as part of the instructional hours unless the student is a child with a disability and the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented.
(ii) For high schools, a student not graduated from the highest grade taught in the school district, or an ungraded student at least fourteen years of age by September 1, and enrolled in at least a full-time instructional program of subjects that count toward graduation as defined by the state board of education in a recognized high school. A full-time student shall not be counted more than once for computation of average daily membership.
(iii) For homebound or hospitalized, a student receiving at least four hours of instruction per week.
(c) "Full-time instructional program" means at least four subjects, each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty hours a year, or the equivalent, or one or more subjects taught in amounts of time totalling at least twenty hours per week prorated for any week with fewer than five school days.
3. "Budget year" means the fiscal year for which the school district is budgeting and which immediately follows the current year.
4. "Common school district" means a political subdivision of this state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through eight.
5. "Current year" means the fiscal year in which a school district is operating.
6. "Daily attendance" means:
(a) For common schools, days in which a pupil:
(i) Of a kindergarten program or ungraded, but not group B children with disabilities, and at least five, but under six, years of age by September 1 attends at least three-quarters of the instructional time scheduled for the day. If the total instruction time scheduled for the year is at least three hundred forty-six hours but is less than six hundred ninety-two hours such attendance shall be counted as one-half day of attendance. If the instructional time scheduled for the year is at least six hundred ninety-two hours, "daily attendance" means days in which a pupil attends at least one-half of the instructional time scheduled for the day. Such attendance shall be counted as one-half day of attendance.
(ii) Of the first, second or third grades, ungraded and at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities and at least five, but under six, years of age by September 1 attends more than three-quarters of the instructional time scheduled for the day.
(iii) Of the fourth, fifth or sixth grades or ungraded and at least nine, but under twelve, years of age by September 1 attends more than three-quarters of the instructional time scheduled for the day, except as provided in section 15-797.
(iv) Of the seventh or eighth grades or ungraded and at least twelve, but under fourteen, years of age by September 1 attends more than three-quarters of the instructional time scheduled for the day, except as provided in section 15-797.
(b) For common schools, the attendance of a pupil at three-quarters or less of the instructional time scheduled for the day shall be counted as follows, except as provided in section 15-797 and except that attendance for a fractional student shall not exceed the pupil's fractional membership:
(i) If attendance for all pupils in the school is based on quarter days, the attendance of a pupil shall be counted as one-fourth of a day's attendance for each one-fourth of full-time instructional time attended.
(ii) If attendance for all pupils in the school is based on half days, the attendance of at least three-quarters of the instructional time scheduled for the day shall be counted as a full day's attendance and attendance at a minimum of one-half but less than three-quarters of the instructional time scheduled for the day equals one-half day of attendance.
(c) For common schools, the attendance of a preschool child with disabilities shall be counted as one-fourth day's attendance for each thirty-six minutes of attendance not including lunch periods and recess periods, except as provided in paragraph 2, subdivision (a), item (i) of this subsection for children with disabilities up to a maximum of three hundred sixty minutes each week.
(d) For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil shall not be counted as a full day unless the pupil is actually and physically in attendance and enrolled in and carrying four subjects, each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty hours a year, or the equivalent, that count toward graduation in a recognized high school except as provided in section 15-797 and subdivision (e) of this paragraph. Attendance of a pupil carrying less than the load prescribed shall be prorated.
(e) For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil may be counted as one-fourth of a day's attendance for each sixty minutes of instructional time in a subject that counts toward graduation, except that attendance for a pupil shall not exceed the pupil's full or fractional membership.
(f) For homebound or hospitalized, a full day of attendance may be counted for each day during a week in which the student receives at least four hours of instruction.
(g) For school districts which maintain school for an approved year-round school year operation, attendance shall be based on a computation, as prescribed by the superintendent of public instruction, of the one hundred seventy-five days' equivalency or two hundred days' equivalency, as applicable, of instructional time as approved by the superintendent of public instruction during which each pupil is enrolled.
7. "Daily route mileage" means the sum of:
(a) The total number of miles driven daily by all buses of a school district while transporting eligible students from their residence to the school of attendance and from the school of attendance to their residence on scheduled routes approved by the superintendent of public instruction.
(b) The total number of miles driven daily on routes approved by the superintendent of public instruction for which a private party, a political subdivision or a common or a contract carrier is reimbursed for bringing an eligible student from the place of his residence to a school transportation pickup point or to the school of attendance and from the school transportation scheduled return point or from the school of attendance to his residence.
Daily route mileage includes the total number of miles necessary to drive to transport eligible students from and to their residence as provided in this paragraph.
8. "District support level" means the base support level plus the transportation support level.
9. "Eligible students" means:
(a) Students who are transported by or for a school district and who qualify as full-time students or fractional students, except students for whom transportation is paid by another school district or a county school superintendent, and:
(i) For common school students, whose place of actual residence within the school district is more than one mile from the school facility of attendance or students who are admitted pursuant to section 15-816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one mile from the school facility of attendance.
(ii) For high school students, whose place of actual residence within the school district is more than one and one-half miles from the school facility of attendance or students who are admitted pursuant to section 15-816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one and one-half miles from the school facility of attendance.
(b) Kindergarten students, for purposes of computing the number of eligible students under subdivision (a), item (i) of this paragraph, shall be counted as full-time students, notwithstanding any other provision of law.
(c) Children with disabilities, as defined by section 15-761, who are transported by or for the school district or who are admitted pursuant to chapter 8, article 1.1 of this title and who qualify as full-time students or fractional students regardless of location or residence within the school district or children with disabilities whose transportation is required by the pupil's individualized education program.
(d) Students whose residence is outside the school district and who are transported within the school district on the same basis as students who reside in the school district.
10. "Enrolled" or "enrollment" means when a pupil is currently registered in the school district.
11. "GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce for the four quarters of the calendar year.
12. "High school district" means a political subdivision of this state offering instruction to students for grades nine through twelve or that portion of the budget of a common school district which is allocated to teaching high school subjects with permission of the state board of education.
13. "Revenue control limit" means the base revenue control limit plus the transportation revenue control limit.
14. "Student count" means average daily membership as prescribed in this subsection for the fiscal year prior to the current year, except that for the purpose of budget preparation student count means average daily membership as prescribed in this subsection for the current year.
15. "Total bus mileage" means the total number of miles driven by all buses of a school district during the school year.
16. "Total students transported" means all eligible students transported from their place of residence to a school transportation pickup point or to the school of attendance and from the school of attendance or from the school transportation scheduled return point to their place of residence.
17. "Unified school district" means a political subdivision of the state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through twelve.
B. In this title, unless the context otherwise requires:
1. "Base" means the revenue level per student count specified by the legislature.
2. "Base level" means:
(a) For fiscal year 1998-1999, two thousand five hundred thirty-two dollars sixty cents.
(b) For fiscal year 1999-2000 and each subsequent fiscal year, the base level for the prior year adjusted by any growth rate prescribed by law, subject to appropriation.
3. "Base revenue control limit" means the base revenue control limit computed as provided in section 15-944.
4. "Base support level" means the base support level as provided in section 15-943.
5. "Certified teacher" means a person who is certified as a teacher pursuant to the rules adopted by the state board of education, who renders direct and personal services to school children in the form of instruction related to the school district's educational course of study and who is paid from the maintenance and operation section of the budget.
6. "ED, MIMR, SLD, SLI and OHI" means programs for children with emotional disabilities, mild mental retardation, a specific learning disability, a speech/language impairment and other health impairments.
7. "ED-P" means programs for children with emotional disabilities who are enrolled in private special education programs as prescribed in section 15-765, subsection D, paragraph 1 or in an intensive school district program as provided in section 15-765, subsection D, paragraph 2.
(a) If employed full time as defined in section 15-501, 1.00.
(b) If employed less than full time, multiply 1.00 by the percentage of a full school day, or its equivalent, or a full class load, or its equivalent, for which the teacher is employed as determined by the governing board.
15. "MD-R, A-R and SMR-R" means resource programs for pupils with multiple disabilities, autism and severe mental retardation.
16. "MD-SC, A-SC and SMR-SC" means self-contained programs for pupils with multiple disabilities, autism and severe mental retardation.
17. "MDSSI" means a program for pupils with multiple disabilities with severe sensory impairment.
18. "MOMR" means programs for pupils with moderate mental retardation.
19. "OI-R" means a resource program for pupils with orthopedic impairments.
20. "OI-SC" means a self-contained program for pupils with orthopedic impairments.
21. "PSD" means preschool programs for children with disabilities as provided in section 15-771.
22. "P-SD" means programs for children who meet the definition of preschool severe delay as provided in section 15-771.
23. "Qualifying tax rate" means the qualifying tax rate specified in section 15-971 applied to the assessed valuation used for primary property taxes.
24. "Small isolated school district" means a school district which meets all of the following:
(a) Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.
(b) Contains no school which is fewer than thirty miles by the most reasonable route from another school, or, if road conditions and terrain make the driving slow or hazardous, fifteen miles from another school which teaches one or more of the same grades and is operated by another school district in this state.
(c) Is designated as a small isolated school district by the superintendent of public instruction.
25. "Small school district" means a school district which meets all of the following:
(a) Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.
(b) Contains at least one school which is fewer than thirty miles by the most reasonable route from another school which teaches one or more of the same grades and is operated by another school district in this state.
(c) Is designated as a small school district by the superintendent of public instruction.
26. "Transportation revenue control limit" means the transportation revenue control limit computed as prescribed in section 15-946.
27. "Transportation support level" means the support level for pupil transportation operating expenses as provided in section 15-945.
28. "VI" means programs for pupils with visual impairments.
29. "Voc. Ed." means vocational and technological education
programs, as defined in section 15-781, except that for the purpose of
computing the district support level as provided in this title vocational
and technological education programs only include approved vocational and
technological programs for students in grades nine through twelve
Sec. 10. Section 15-1626, Arizona Revised Statutes, is amended to read:
A. The board shall:
1. Have and exercise the powers necessary for the effective governance and administration of the institutions under its control. To that end, the board may adopt, and authorize each university to adopt, such regulations, policies, rules or measures as are deemed necessary and may delegate in writing to its committees, to its university presidents, or their designees, or to other entities under its control, any part of its authority for the administration and governance of such institutions, including those powers enumerated in section 15-1625, subsection B, paragraphs 2 and 4, paragraphs 3, 4, 7, 8, 10 and 11 of this subsection, and subsection B of this section. Any delegation of authority may be rescinded by the board at any time in whole or in part.
2. Appoint and employ and determine the compensation of presidents with such power and authority and for such purposes in connection with the operation of the institutions as the board deems necessary.
3. Appoint, employ and determine the compensation of vice-presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees with such power and authority and for such purposes in connection with the operation of the institutions as the board deems necessary, or delegate its authority pursuant to paragraph 1 of this subsection.
4. Remove any officer or employee when the interests of education in this state so require in accordance with its personnel rules and policies.
5. Fix tuitions and fees to be charged and graduate the tuitions and fees between institutions and between residents, nonresidents and students from foreign countries. The amount of tuition, registration fees and other revenues included in the operating budget for the university adopted by the board as prescribed in paragraph 12 of this subsection shall be deposited with the state treasurer. All other tuition and fee revenue shall be retained by each university for expenditure as approved by the board.
6. Pursuant to section 35-115, submit a budget request for each institution under its jurisdiction that includes the estimated tuition and fee revenue available to support the programs of the institution as described in the budget request. The estimated available tuition and fee revenue shall be based on the tuition and registration fee rates in effect at the time the budget request is submitted with adjustments for projected changes in enrollment as provided by the board.
7. Establish curriculums and designate courses at the several institutions which in its judgment will best serve the interests of this state.
8. Award such degrees and diplomas upon the completion of such courses and curriculum requirements as it deems appropriate.
9. Prescribe qualifications for admission of all students to the universities. For the purpose of determining the qualifications of honorably discharged veterans, veterans are those who served in the armed forces for a minimum of two years and who were previously enrolled at a university or community college in this state. No prior failing grades received by the veteran at the university or community college in this state may be considered.
10. Adopt any energy conservation standards promulgated by the department of administration for the construction of new buildings.
11. Employ for such time and purposes as the board requires attorneys whose compensation shall be fixed and paid by the board. Litigation to which the board is a party and for which self-insurance is not provided may be compromised or settled at the direction of the board.
12. Adopt annually an operating budget for each university equal to the sum of appropriated general fund monies and the amount of tuition, registration fees and other revenues approved by the board and allocated to each university operating budget.
13. In consultation with the state board of education and other education groups, develop a program to award honors endorsements to be affixed to the high school diplomas of qualifying high school pupils and to be included in the transcripts of pupils who are awarded endorsements. The board shall develop application procedures and testing criteria and adopt testing instruments and procedures to administer the program. In order to receive an honors endorsement, a pupil must demonstrate an extraordinary level of knowledge, skill and competency as measured by the testing instruments adopted by the board in mathematics, English, science and social studies. Additional subjects may be added at the determination of the board. The program will be voluntary for students and implemented beginning with the freshman class which enters high school in the fall of 1998.
14. Require the publisher of each literary and nonliterary textbook used in the universities of this state to furnish computer software in a standardized format when software becomes available for nonliterary textbooks, to the Arizona board of regents from which braille versions of the textbooks may be produced.
15. REQUIRE ONE OR MORE OF THE UNIVERSITY EDUCATION DEPARTMENTS TO REVIEW AND ANALYZE THE DATA SUBMITTED TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 15-755 AND PREPARE RECOMMENDATIONS TO THE LEGISLATURE ON THE PROGRAMS THAT ARE MOST EFFECTIVE IN PROMOTING PUPIL ACHIEVEMENT.
B. The board shall adopt personnel rules. All nonacademic employees of the universities are subject to these rules except for university presidents, university vice-presidents, university deans, legal counsel and administrative officers. The personnel rules shall be similar to the personnel rules under section 41-783. The rules shall include provisions for listing available positions with the department of economic security, competitive employment processes for applicants, probationary status for new nonacademic employees, nonprobationary status on successful completion of probation and due process protections of nonprobationary employees after discharge. The board shall provide notice of proposed rule adoption and an opportunity for public comment on all personnel rules proposed for adoption.
C. The Arizona board of regents may employ legal assistance in procuring loans for the institutions from the United States government. Fees or compensation paid for such legal assistance shall not be a claim upon the general fund of this state but shall be paid from funds of the institutions.
D. The board shall approve or disapprove any contract or agreement entered into by the university of Arizona hospital with the Arizona health facilities authority.
E. The board may adopt policies which authorize the institutions under its jurisdiction to enter into employment contracts with nontenured employees for periods of more than one year but not more than five years. The policies shall prescribe limitations on the authority of the institutions to enter into employment contracts for periods of more than one year but not more than five years, including the requirement that the board approve the contracts.
F. The board may adopt a plan or plans for employee benefits which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
G. The board may establish a program for the exchange of students between the universities under the jurisdiction of the board and colleges and universities located in the state of Sonora, Mexico. Notwithstanding subsection A, paragraph 5 of this section, the program may provide for in-state tuition at the universities under the jurisdiction of the board for fifty Sonoran students in exchange for similar tuition provisions for up to fifty Arizona students enrolled or seeking enrollment in Sonoran colleges or universities. The board may direct the universities to work in conjunction with the Arizona-Mexico commission to coordinate recruitment and admissions activities.