Be it resolved by the Senate of the State of Arizona, the House
of Representatives concurring:
1. Under the power of the referendum, as vested in
the Legislature, the following measure, relating to public program eligibility,
is enacted to become valid as a law if approved by the voters and on
proclamation of the Governor:
AN
ACT
AMENDING SECTIONS
15-191.01, 15-232, 15-1803, 46-801 AND 46‑803, ARIZONA REVISED STATUTES;
amending title 15, chapter 14, article 2, Arizona Revised Statutes, by adding
section 15-1825; RELATING TO PUBLIC PROGRAM ELIGIBILITY.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-191.01, Arizona Revised Statutes, is amended to read:
START_STATUTE15-191.01. Family literacy program; procedures;
curriculum; eligibility plan
A. The family literacy program is established in
the state board of education through the division of early childhood education
programs to increase the basic academic and literacy skills of eligible parents
and their preschool children in accordance with this article. The state board
of education shall establish family literacy projects as part of the overall program
at locations where there is a high incidence of economic and educational
disadvantage as determined by the state board of education in consultation with
the department of economic security and, as appropriate, other state agencies.
B. The state board of education shall adopt
procedures necessary to implement the family literacy program.
C. The state board of education shall establish
guidelines for requiring family literacy program participants to engage in
community service activities in exchange for benefits received from the
program. Participants shall be allowed to choose from a variety of
community and faith‑based service providers that are under contract with
the department to provide community service opportunities or program services.
Participants shall be allowed and encouraged to engage in community services
within their own communities. Participants shall be allowed to fulfill the
requirements of this subsection by providing community services to the program
from which they received services.
D. The state board of education shall submit an
annual report by December 31 to the governor, the speaker of the house of
representatives and the president of the senate regarding the community service
activities of family literacy program participants pursuant to subsection C,
including information on the number of participants, the types of community
service performed and the number of hours spent in community service
activities.
E. Local education agencies and adult education
programs funded by the department of education are eligible for grants if the
state board of education determines that a high percentage of adults in the
county, the local school district or the targeted local school service area
have not graduated from high school. Selection criteria for grant awards shall
include at a minimum the educational needs of the adult population, the
incidence of unemployment in the county, district or local targeted school
service area, the degree to which community collaboration and partnership demonstrate
the ability to bring additional resources to the program and the readiness and
likelihood of the proposing organizations to establish a successful family
literacy project.
F. Each project team shall include representatives
from each of the following:
1. One or more local school districts or the
county school superintendent's office.
2. An adult education provider funded by the
division of adult education or a provider that complies with the policies,
academic standards, performance outcomes, assessment and data collection
requirements of adult education as prescribed by the division of adult
education.
3. A private or public early childhood education
provider.
4. Any other social service, governmental or
private agency that may provide assistance for the planning and operation of
the project.
G. In addition to the grants prescribed in
subsection H, the state board of education shall authorize two grants to
existing literacy programs in this state that can offer training and serve as
models and training resources for the establishment and expansion of other
programs throughout this state. Existing literacy programs shall submit a
grant application to the state board of education in the same manner as
prescribed in subsection K.
H. The state board of education shall authorize
additional grants through the division of early childhood education programs in
areas of educational and economic need.
I. Selected projects shall use either:
1. A nationally recognized family literacy model
such as models developed by the national center for family literacy or its
successor.
2. A model that, in the determination of the
project team and the state board of education, is superior to a nationally
recognized family literacy model.
J. Eligible parents shall be instructed in adult
basic education and general educational development. Preschool children shall
receive instruction in developmentally appropriate early childhood programs.
Other planned, structured activities involving parents and children in learning
activities may be established as a part of the curriculum.
K. Each grant application shall include a plan to
address at least the following:
1. Identification and recruitment of eligible
parents and children.
2. Screening and preparation of parents and
children for participation in the family literacy program.
3. Instructional programs and assessment practices
that promote academic and literacy skills and that equip parents to provide
needed support for the educational growth and success of their children.
4. A determination that at least ten but no more
than twenty parents with children will be eligible for and be enrolled in the
family literacy program at all times, or that the family literacy programs
shall document efforts to continually recruit eligible families.
5. Provision of child care through either private
or public providers.
6. A transportation plan for participants.
7. An organizational partnership involving at a
minimum a common school, a private or publicly funded preschool provider and an
adult education program funded by the department of education or by an outside
funding source.
L. This
section shall be enforced without regard to race, religion, gender, ethnicity
or national origin.
M. The
state board of education shall report on December 31 and June 30 of each year
to the joint legislative budget committee the total number of parents who
applied to participate in a program under this article and the total number of
parents who were not eligible under this article because the parent was not an
eligible parent as defined in section 15-191, paragraph 1, subdivision (c). END_STATUTE
Sec. 2. Section 15-232, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-232. Division of adult education; duties
a. There
is established a division of adult education within the department of
education, under the jurisdiction of the state board for vocational and technological of education, which shall:
1. Prescribe a course of study for adult education
in school districts.
2. Make available and supervise the program of
adult education in other institutions and agencies of this state.
3. Adopt rules for the establishment and conduct
of classes for immigrant and adult education, including the teaching of English
to foreigners, in school districts.
4. Devise plans for establishment and maintenance
of classes for immigrant and adult education, including the teaching of English
to foreigners, stimulate and correlate the Americanization work of various
agencies, including governmental, and perform such other duties as may be
prescribed by the state board of education and the superintendent of public
instruction.
5. Prescribe a course of study to provide training
for adults to continue their basic education to the degree of passing a general
equivalency diploma test or an equivalency test approved by the state board of
education.
B. The
department of education shall provide classes under this section only to adults
who are citizens or legal residents of the United States or are otherwise
lawfully present in the United States. This subsection shall be enforced
without regard to race, religion, gender, ethnicity or national origin.
C. The
department of education shall report on December 31 and June 30 of each year to
the joint legislative budget committee the total number of adults who applied
for instruction and the total number of adults who were denied instruction
under this section because the applicant was not a citizen or legal resident of
the United States or was not otherwise lawfully present in the United States. END_STATUTE
Sec. 3. Section 15-1803, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-1803. Alien in‑state student status
A. An
alien is entitled to classification as an in‑state refugee student if
such person has been granted refugee status in accordance with all applicable
laws of the United States and has met all other requirements for domicile.
B. In
accordance with the illegal immigration reform and immigrant responsibility act
of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal
resident of the United States or who is without lawful immigration status is
not entitled to classification as an in-state student pursuant to section
15-1802 or entitled to classification as a county resident pursuant to section
15-1802.01.
C. Each
community college and university shall report on December 31 and June 30 of
each year to the joint legislative budget committee the total number of
students who were entitled to classification as an in-state student and the
total number of students who were not entitled to classification as an in-state
student under this section because the student was not a citizen or legal
resident of the United States or is without lawful immigration status. END_STATUTE
Sec. 4. Title 15, chapter 14, article 2,
Arizona Revised Statutes, is amended by adding section 15-1825, to read:
START_STATUTE15-1825. Prohibited financial assistance;
report
A. A
person who is not a citizen of the United States, who is without lawful
immigration status and who is enrolled as a student at any university under the
jurisdiction of the Arizona board of regents or at any community college under
the jurisdiction of a community college district in this state is not entitled
to tuition waivers, fee waivers, grants, scholarship assistance, financial aid,
tuition assistance or any other type of financial assistance that is subsidized
or paid in whole or in part with state monies.
B. Each
community college and university shall report on December 31 and June 30 of
each year to the joint legislative budget committee the total number of
students who applied and the total number of students who were not entitled to
tuition waivers, fee waivers, grants, scholarship assistance, financial aid,
tuition assistance or any other type of financial assistance that is subsidized
or paid in whole or in part with state monies under this section because the
student was not a citizen or legal resident of the United States or not
lawfully present in the United States.
C. This
section shall be enforced without regard to race, religion, gender, ethnicity
or national origin. END_STATUTE
Sec. 5. Section 46-801, Arizona Revised
Statutes, is amended to read:
START_STATUTE46-801. Definitions
In this chapter, unless the context otherwise requires:
1. "Caretaker relative" means a relative
who exercises responsibility for the day-to-day physical care, guidance and
support of a child who physically resides with the relative and who is by
affinity or consanguinity or by court decree a grandparent, great-grandparent,
sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle,
great-aunt, great‑uncle or first cousin.
2. "Cash assistance" has the same
meaning prescribed in section 46‑101.
3. "Child" means a person who is under
thirteen years of age.
4. "Child care" means the compensated
service that is provided to a child who is unaccompanied by a parent or
guardian during a portion of a twenty-four hour day.
5. "Child care assistance" means any
money payments for child care services that are paid by the department and that
are paid for the benefit of an eligible family.
6. "Child care home provider" means a
person who is at least eighteen years of age, who is not the parent, guardian,
caretaker relative or noncertified relative provider of a child needing child
care and who is certified by the department to care for four or fewer children
for compensation with child care assistance monies.
7. "Child care providers" means child
care facilities licensed pursuant to title 36, chapter 7.1, article 1, child
care group homes certified pursuant to title 36, chapter 7.1, article 4, child
care home providers, in-home providers, noncertified relative providers and
regulated child care on military installations or for federally recognized
Indian tribes.
8. "Eligible family" means citizens or legal residents of the United States or
individuals who are otherwise lawfully present in the United States and who are
parents, legal guardians or caretaker relatives with legal
residence in this state and children in their care who meet the eligibility
requirements for child care assistance.
9. "Federal poverty level" means the
poverty guidelines that are issued by the United States department of health
and human services pursuant to section 673(2) of the omnibus budget
reconciliation act of 1981 and that are reported annually in the federal
register.
10. "In-home provider" means a provider
who is certified by the department to care for a child of an eligible family in
the child's own home and is compensated with child care assistance monies.
11. "Noncertified relative provider"
means a person who is at least eighteen years of age, who provides child care
services to an eligible child, who is by affinity or consanguinity or by court
decree the grandparent, great-grandparent, sibling not residing in the same
household, aunt, great‑aunt, uncle or great-uncle of the eligible child
and who meets the department's requirements to be a noncertified relative
provider.
12. "Parent" or "parents"
means the natural or adoptive parents of a child.END_STATUTE
Sec. 6. Section 46-803, Arizona Revised
Statutes, is amended to read:
START_STATUTE46-803. Eligibility for child care assistance
A. The department shall provide child care
assistance to eligible families who are attempting to achieve independence from
the cash assistance program and who need child care assistance in support of
and as specified in their personal responsibility agreement pursuant to
chapters 1 and 2 of this title.
B. The department shall provide child care
assistance to eligible families who are transitioning off of cash assistance
due to increased earnings or child support income in order to accept or
maintain employment. Eligible families must request this assistance within six
months after the cash assistance case closure. Child care assistance may be
provided for up to twenty‑four months after the case closure and shall
cease whenever the family income exceeds one hundred sixty‑five per cent
of the federal poverty level.
C. The department shall provide child care
assistance to eligible families who are diverted from cash assistance pursuant
to section 46‑298 in order to obtain or maintain employment. Child care
assistance may be provided for up to twenty‑four months after the case
closure and shall cease whenever the family income exceeds one hundred sixty‑five
per cent of the federal poverty level.
D. The department may provide child care
assistance to support eligible families with incomes of one hundred sixty‑five
per cent or less of the federal poverty level to accept or maintain
employment. Priority for this child care assistance shall be given to families
with incomes of one hundred per cent or less of the federal poverty level.
E. The department may provide child care
assistance to families referred by child protective services and to children in
foster care pursuant to title 8, chapter 5 to support child protection.
F. The department may provide child care
assistance to special circumstance families whose incomes are one hundred sixty‑five
per cent or less of the federal poverty level and who are unable to provide
child care for a portion of a twenty‑four hour day due to a crisis
situation of domestic violence or homelessness, or a physical, mental,
emotional or medical condition, participation in a drug treatment or drug
rehabilitation program or court ordered community restitution. Priority for
this child care assistance shall be given to families with incomes of one
hundred per cent or less of the federal poverty level.
G. In lieu of the employment activity required in
subsection B, C or D of this section, the department may allow eligible
families with teenaged custodial parents under twenty years of age to complete
a high school diploma or its equivalent or engage in remedial education
activities reasonably related to employment goals.
H. The department may provide supplemental child
care assistance for department approved education and training activities if
the eligible parent, legal guardian or caretaker relative is working at least a
monthly average of twenty hours per week and this education and training are
reasonably related to employment goals. The eligible parent, legal
guardian or caretaker relative must demonstrate satisfactory progress in the
education or training activity.
I. Beginning March 12, 2003, the department shall
establish waiting lists for child care assistance and prioritize child care
assistance for different eligibility categories in order to manage within
appropriated and available monies. Priority of children on the waiting list shall
start with those families at one hundred per cent of the federal poverty level
and continue with each successive ten per cent increase in the federal poverty
level until the maximum allowable federal poverty level of one hundred sixty‑five
per cent. Priority shall be given regardless of time spent on the waiting
list.
J. The department shall establish criteria for
denying, reducing or terminating child care assistance that include:
1. Whether there is a parent, legal guardian or
caretaker relative available to care for the child.
2. Financial or programmatic eligibility changes
or ineligibility.
3. Failure to cooperate with the requirements of
the department to determine or redetermine eligibility.
4. Hours of child care need that fall within the
child's compulsory academic school hours.
5. Reasonably accessible and available publicly
funded early childhood education programs.
6. Whether an otherwise eligible family has been
sanctioned and cash assistance has been terminated pursuant to chapter 2 of
this title.
7. Other circumstances of a similar nature.
8. Whether sufficient monies exist for the
assistance.
K. Families receiving child care assistance under
subsection D or F of this section are also subject to the following
requirements for such child care assistance:
1. Each child is limited to no more than sixty
cumulative months of child care assistance. The department may provide an
extension if the family can prove that the family is making efforts to improve
skills and move towards self-sufficiency.
2. Families are limited to no more than six
children receiving child care assistance.
3. Copayments shall be imposed for all children
receiving child care assistance. Copayments for each child may be higher for
the first child in child care than for additional children in child care.
L. The department shall review each case at least
once a year to evaluate eligibility for child care assistance.
M. The
department shall report on December 31 and June 30 of each year to the joint
legislative budget committee the total number of families who applied for child
care assistance and the total number of families who were denied assistance
under this section because the parents, legal guardians or caretaker relatives
who applied for assistance were not citizens or legal residents of the United
States or were not otherwise lawfully present in the United States.
N. This
section shall be enforced without regard to race, religion, gender, ethnicity
or national origin.
M. O. Notwithstanding section 35‑173,
monies appropriated for the purposes of this section shall not be used for any
other purpose without the approval of the joint legislative budget committee.
N. P. The department
shall refer all child care subsidy recipients to child support enforcement and
to local workforce services and provide information on the earned income tax
credit.END_STATUTE
2. The Secretary of State shall submit this
proposition to the voters at the next general election as provided by article
IV, part 1, section 1, Constitution of Arizona.
