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Conference Engrossed |
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State of Arizona Senate Forty-fifth Legislature First Regular Session 2001
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CHAPTER 364
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SENATE BILL 1269 |
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AN ACT
amending sections 15-763 and 15-1201, Arizona Revised Statutes; amending Laws 2001, chapter 236, sections 26 and 31; relating to education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-763, Arizona Revised Statutes, is amended to read:
15-763. Plan for providing special education
A. All school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school. All children with disabilities shall receive special education programming commensurate with their abilities and needs. Each child shall be ensured access to the general curriculum and an opportunity to meet the state's academic standards. Special education services shall be provided at no cost to the parents of children with disabilities.
b. fOR THE PURPOSES OF DETERMINING THE SERVICES TO PUPILS SERVED BY PRIVATE SCHOOLS UNDER EXISTING FEDERAL LAW, THE STATE SHALL CONSIDER THE TERM TO INCLUDE HOME SCHOOLED pupils.
C. If federal monies are provided to a school district or a charter school for special education services to home schooled or private schooled pupils, The school district or charter school shall provide the services to both the home schooled pupils and the private schooled pupils in the same manner.
D. fOR THE PURPOSES OF THIS SECTION, "SPECIAL EDUCATION" HAS THE SAME MEANING prescribed IN SECTION 15-1201.
Sec. 2. Section 15-1201, Arizona Revised Statutes, is amended to read:
15-1201. Definitions
In this article, unless the context otherwise requires:
1. "Fund" means the special education fund established by section 15‑1182.
2. "Institution" means the Arizona state schools for the deaf and the blind, the Arizona training program facilities as provided in section 36-551 and the Arizona state hospital.
3. "Place" or "placement" means placement of a person in an institution, as defined in this section, for special education only or for special education and residential and custodial care.
4. "Special education" means the adjustment of the environmental factors, modification of the course of study and adaptation of teaching methods, materials and techniques to provide educationally for those children who are at least three but not more than twenty-one years of age and who are gifted or disabled to such an extent that they do not profit from the regular course of study or need special education services in order to profit. Difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is spoken primarily or exclusively shall not be considered a sufficient handicap to require special education.
Sec. 3. Laws 2001, chapter 236, section 26 is amended to read:
Sec. 26. ARIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND
2001-02 2002-03
Phoenix day school for the deaf
Lump sum appropriation $ 7,643,200 $ 8,191,900
Fund sources:
State general fund $ 2,330,000 $ 2,296,000
Arizona schools for the deaf
||and the blind fund $ 5,313,200 $ 5,895,900
FTE positions 303.9 309.4
Lump sum appropriation $ 14,692,400 $ 15,402,100
Fund sources:
State general fund $ 9,263,300 $ 9,496,600
Arizona schools for the deaf
and the blind fund $ 5,429,100 $ 5,905,500
Administration/statewide programs
FTE positions 129.3 129.3
Lump sum appropriation $ 7,334,200 $ 7,503,100
Fund sources:
State general fund $ 7,132,600 $ 7,291,900
$ 6,016,100 $ 6,087,600
Arizona schools for the deaf
and the blind fund $ 201,600 $ 211,200
$ 1,318,100 $ 1,415,500
for the deaf and the blind $ 29,669,800 $ 31,097,100
Fund sources:
State general fund $ 18,725,900 $ 19,084,500
$ 17,609,400 $ 17,880,200
Arizona schools for the deaf
and the blind fund $ 10,943,900 $ 12,012,600
$ 12,060,400 $ 13,216,900
Performance measures:
as "good" or "excellent" based on annual
survey 90 90
Per cent of agency staff turnover 11 8
Per cent of MDSSI students at or above
"approaches standards" level on the
AIMS–A test 100 100
in a year's time in reading and mathematics 75 75
Before the expenditure of any Arizona schools for the deaf and the blind fund nonendowment monies in excess of $10,600,000 $11,716,500 in fiscal year 2001‑2002 and $11,643,400 $12,847,700 in fiscal year 2002-2003, the Arizona state schools for the deaf and the blind shall report the intended use of the funds to the speaker of the house of representatives, the president of the senate, the chairmen of the house and senate appropriations committees, the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting.
All endowment earnings above $343,900 in fiscal year 2001-2002 and $369,200 in fiscal year 2002-2003 that are received by the Arizona state schools for the deaf and the blind and deposited into the Arizona schools for the deaf and the blind fund are appropriated for operating expenditures.
Before the expenditure of any recommended monies for classification salary adjustments in fiscal year 2001-2002 or fiscal year 2002-2003, the Arizona state schools for the deaf and the blind shall report the intended use of the funds to the joint legislative budget committee.
Sec. 4. Laws 2001, chapter 236, section 31 is amended to read:
Sec. 31. STATE BOARD OF EDUCATION AND SUPERINTENDENT OF PUBLIC INSTRUCTION
2001-02 2002-03
State board of education and state board
||for vocational and technological
education
FTE positions 2.0 2.0
Operating lump sum appropriation $ 276,400 $ 276,500
The appropriated amount includes $100,000 for administering a survey each academic year to a random sample of parents of children in public schools statewide. The survey shall consist of the following question: "Students are given the grades A+, A, B, C, D and Fail to denote the quality of their work. Using the same A+, A, B, C, D and Fail scale, what grade would you give the school that your oldest child attends?"
The state board of education program may establish its own strategic plan separate from that of the department of education and based on its own separate mission, goals and performance measures.
FTE positions – Arizona teacher
evaluation 2.0 2.0
Arizona teacher evaluation 201,000 201,100
FTE positions – career ladder
administration 1.0 1.0
Career ladder administration 85,000 85,000
FTE positions – certification
investigations 4.0 4.0
Certification investigations 225,000 225,000
FTE positions – charter schools 4.0 4.0
Charter schools 205,000 205,000
FTE positions – teacher
certification 21.0 21.0
Teacher certification 984,800 985,000
Fund source:
Teacher certification fund $ 984,800 $ 985,000
Monies collected by the department of education for teacher certification fees, as authorized by section 15-531, paragraphs 1 and 2, Arizona Revised Statutes, shall be deposited in a teacher certification fund for use in funding costs of the teacher certification program.
Fund sources:
Teacher certification fund 984,800 985,000
Performance measures:
Average number of days to process
applications for certification services 30 30
Increased percentage of customers satisfied
with certification services above the
fiscal year 2000-2001 percentage +1 +2
General services administration
FTE positions 110.4 110.4
Operating lump sum appropriation $ 6,667,300 $ 6,665,200
At least 1 FTE position from the department's operating budget shall be used for auditing average daily membership counts from school districts and charter schools.
The appropriated amount includes $1,906,200 for fiscal year 2001-2002 and $2,088,400 for fiscal year 2002-2003 for norm-referenced testing of pupils in grades one through nine.
Before making any changes to the achievement testing program that will affect program costs, the state board of education shall report the estimated fiscal impact of those changes to the joint legislative budget committee.
||administration 3.0 3.0
Charter schools administration 149,700 149,800
FTE positions - special education
||audit 2.5 2.5
Special education audit 321,000 321,000
Total ‑ general services
administration $ 12,615,500 $ 13,076,000
Performance measures:
in hard copy and on the agency's web site 20 25
Total cost of administration $ 4,300,000 $ 4,700,000
Per cent difference between the average
daily membership (ADM) statewide total
reported as of March 1st each year versus
the year-end actual total as compared
with the per cent difference observed
for fiscal year 2000-2001:
-- Charter schools -1 -2
-- School districts -1 -2
Increased percentage of customers satisfied
with the agency above the fiscal year
2000-2001 percentage +1 +1
Assistance to schools
Basic state aid entitlement $2,363,019,000 $2,495,844,800
Fund sources:
State general fund $2,288,120,700 $2,420,946,500
Permanent state school fund 74,898,300 74,898,300
The above appropriation provides basic state support to school districts for maintenance and operations funding as provided by section 15‑973, Arizona Revised Statutes, and includes an estimated $74,898,300 per year in expendable income derived from the permanent state school fund for fiscal year 2001-2002 and fiscal year 2002-2003.
Receipts derived from the permanent state school fund and any other nonstate general fund revenue source that is dedicated to fund basic state aid will be expended, whenever possible, before expenditure of state general fund monies.
All monies received during the fiscal year from national forests, interest collected on deferred payments on the purchase of state lands, the income from the investment of permanent funds as prescribed by the enabling act and the constitution and all monies received by the superintendent of public instruction from whatever source, except monies received pursuant to sections 15‑237 and 15-531, Arizona Revised Statutes, when paid into the state treasury are appropriated for apportionment to the various counties in accordance with law. No expenditures may be made except as specifically authorized above.
Additional state aid to schools 219,581,000 230,103,900
Assistance to school districts for
||children of state employees 35,200 36,900
Certificates of educational
||convenience 859,700 895,200
Special education fund 22,848,700 25,117,000
23,965,200 26,321,300
FTE positions - adult education
||assistance 5.8 5.8
Adult education assistance 4,588,600 4,588,700
The appropriated amount is for classes in adult basic education, general education development and citizenship on a statewide basis.
It is the intent of the legislature that no more than ten per cent of the appropriation for adult education assistance be used by the department of education for operating the division of adult education. It is also the intent of the legislature that the greatest possible proportion of monies appropriated for adult education programs be devoted to instructional, rather than administrative, aspects of the programs.
FTE positions - chemical abuse 3.0 3.0
Extended school year 500,000 500,000
Extraordinary special education
needs fund 1,000,000 1,083,800
The department of education shall report annually to the joint legislative budget committee regarding allocations distributed from the extraordinary special education fund.
FTE positions – family literacy 1.0 1.0
Family literacy 1,000,000 999,700
Gifted support 1,296,700 1,296,800
The optional performance incentive program shall be limited to schools currently performing ranking performance pay.
Residential placement 100,000 100,000
FTE positions – school accountability 14.0 14.0
Fund sources:
State general fund – dedicated
proposition 301 fund $5,849,000 $4,586,800
FTE positions - school report cards 3.0 3.0
School report cards 491,000 491,000
FTE positions – school safety program 3.0 3.0
School safety program 7,915,800 7,915,900
Small pass-through programs 581,600 581,600
The appropriated amounts for both fiscal year 2001-2002 and fiscal year 2002-2003 include $50,000 for the academic contest fund, $82,400 for academic decathlon, $50,000 for Arizona geographic alliance, $40,000 for Arizona humanities council, $25,200 for Arizona principals' academy, $234,000 for Arizona school service through education technology, $50,000 for project citizen and $50,000 for the economic academic council.
FTE positions - state block grant 5.7 5.7
State block grant for early
childhood education 19,492,600 19,492,700
State block grant for vocational
||education 11,117,000 11,117,500
The appropriated amount is for block grants to charter schools and school districts that have vocational education programs. It is the intent of the legislature that monies appropriated in the fiscal year 2001-2002 and fiscal year 2002-2003 general appropriations act for the state block grant for vocational education be used to promote improved student achievement by providing vocational education programs with flexible supplemental funding that is linked both to numbers of students in such programs and to numbers of program completers who enter jobs in fields directly related to the vocational education program that they completed. It is the intent of the legislature that the amount of the state block grant for vocational education funding that is used for state level administration of the program be limited to no more than the amount used for such costs during the prior fiscal year plus the applicable amount of any pay raise that may be provided for state employees through legislative appropriation.
Vocational education extended
year 600,000 600,000
Total - assistance to schools $2,663,409,300 $2,807,885,800
$2,664,525,800 $2,809,090,100
Fund sources:
$2,583,778,500 $2,729,605,000
State general fund – dedicated
proposition 301 fund $ 5,849,000 $ 4,586,800
Permanent state school fund 74,898,300 74,898,300
Per cent of students in the class of
2002 meeting state academic standards
in reading, writing and math 96 N/A
Increased percentage of schools with at
least 75 per cent of students meeting
or exceeding standards in reading,
writing and math above the fiscal
year 2001-2002 percentage +1 +2
Increased percentage of students who
enter 9th grade and graduate within
four years above the fiscal year
2001-2002 percentage +1 +2
Per cent of students in grade 3 meeting
or exceeding state academic standards
in reading 74 76
Per cent of students in grade 3 meeting
or exceeding state academic standards
in writing 71 73
Per cent of students in grade 3 meeting
or exceeding state academic standards
in math 52 54
Per cent of students in grade 5 meeting
or exceeding state academic standards
in reading 68 70
Per cent of students in grade 5 meeting
or exceeding state academic standards
in writing 50 52
Per cent of students in grade 5 meeting
or exceeding state academic standards
in math 43 45
Per cent of students in grade 8 meeting
or exceeding state academic standards
in reading 56 58
Per cent of students in grade 8 meeting
or exceeding state academic standards
in writing 52 54
Per cent of students in grade 8 meeting
or exceeding state academic standards
in math 20 25
Per cent of students tested 94 95
Per cent of parents who rate "A+" the public
school that their oldest school-age child
attends 8.0 8.0
Total appropriation ‑ state board of
education and superintendent
of public instruction $2,678,002,000 $2,822,939,400
$2,679,118,500 $2,824,143,700
Fund sources:
State general fund $2,596,269,900 $2,742,469,300
$2,597,386,400 $2,743,673,600
State general fund – dedicated
proposition 301 fund $ 5,849,000 $ 4,586,800
Permanent state school fund 74,898,300 74,898,300
Teacher certification fund 984,800 985,000
Performance measures:
Per cent of students tested 94 95
Per cent of parents who rate "A+" the public
school that their oldest school-age child
attends 8.0 8.0
Per cent of agency staff turnover 19 18
Administration as a per cent of total cost 0.2 0.2
Total cost of administration $ 4,300,000 $ 4,700,000
APPROVED BY THE GOVERNOR MAY 7, 2001.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 8, 2001.