Second Regular Session H.B. 2190
COMMITTEE ON EDUCATION
SENATE AMENDMENTS TO H.B. 2190
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
“Section 1. Section 15-101, Arizona Revised Statutes, is amended to read:
15-101. Definitions
In this title, unless the context otherwise requires:
1. "Accommodation school" means either:
(a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory that is not included within the boundaries of a school district.
(b) A school that provides educational services to homeless children or alternative education programs as provided in section 15‑308, subsection B.
(c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.
2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.
3. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.
4. "Charter school" means a public school established by contract with a district governing board, the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district with enrollment of more than fifteen thousand full‑time equivalent students or a group of community college districts with a combined enrollment of more than fifteen thousand full‑time equivalent students pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.
5. "Child with a disability" means a child with a disability as defined in section 15‑761.
6. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.
7. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.
8. "Competency" means a demonstrated ability in a skill at a specified performance level.
9. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools.
10. "Course of study" means a list of required and optional subjects to be taught in the schools.
11. "Dual enrollment course" means a college level college-level course that is conducted on the campus of a high school or on the campus of a joint technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.
12. "Elementary grades" means kindergarten programs and grades one through eight.
13. "Fiscal year" means the year beginning July 1 and ending June 30.
14. "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school.
15. "Lease" means an agreement for conveyance and possession of real or personal property.
16. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes.
17. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.
18. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.
19. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.
20. "Private school" means a nonpublic institution where instruction is imparted.
21. "School" or "public school" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve.
22. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.
23. "Secondary grades" means grades nine through twelve.
24. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long‑term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.
25. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra.”
Renumber to conform
Page 3, line 39, strike “email” insert “written, electronic”
Page 4, line 43, after “district” strike remainder of line
Line 44, strike “full-time equivalent students”; strike “with”
Page 5, strike line 1
Line 2, strike “students”
Page 27, line 2, strike “15-706,”; strike “15-712.01”
Between lines 5 and 6, insert:
“Sec. 8. Section 15-552, Arizona Revised Statutes, is amended to read:
15-552. Alternative teacher development program; report; program
termination
A. The state board of education shall establish an alternative teacher development program for the purpose of accelerating the process of identifying, training and placing highly qualified individuals into low income schools through the use of teaching intern certification and the identification of a qualified service provider.
B. The department of education shall develop application procedures, selection criteria and minimum performance standards for service providers that wish to participate in the program.
C. The state board of education shall award a matching grant to a service provider that meets all of the requirements of this section. The amount of the matching grant shall be equal to the matching monies raised by the service provider, not to exceed the total of monies appropriated to the alternative teacher development program. The service provider that receives the matching grant shall demonstrate that its alternative teacher development program serves public schools in this state and meets all of the following requirements:
1. Is a nonprofit 501(c)(3) organization that has been providing alternative teacher recruitment and placement in this state for a period of not less than ten years.
2. Serves only public schools that provide instruction to student populations in which a majority of the students are from low income households.
3. Requires that individuals seeking to participate in the alternative teacher development program offered by the service provider have attained a baccalaureate degree from an accredited institution.
4. Maintains a competitive application and selection process for individuals seeking to participate in the alternative teacher development program offered by the service provider.
5. Requires all individuals who participate in the alternative teacher development program to commit to serve as a teacher in a low income public school in this state for not less than two years.
6. Provides ongoing support, evaluations and professional development to teachers placed in a classroom through the alternative teacher development program.
D. The service provider selected to participate in the alternative teacher development program shall annually report at least the following information to the department of education:
1. The number of teachers placed in low income schools by the service provider.
2. The number of students served by teachers placed in low income schools by the service provider.
3. Demographic data concerning the aggregate composition of students in classrooms served by teachers placed by the service provider.
4. A listing of the school districts and schools in which teachers were placed by the service provider.
5. CLASSROOM-LEVEL DATA COLLECTED BY THE SERVICE PROVIDER THAT DEMONSTRATES THE ACADEMIC PROGRESS OF STUDENTS INSTRUCTED BY TEACHERS PARTICIPATING IN THE ALTERNATIVE TEACHER DEVELOPMENT PROGRAM.
6. A DESCRIPTIVE SUMMARY OF THE ONGOING SUPPORT, EVALUATIONS AND PROFESSIONAL DEVELOPMENT PROVIDED TO PARTICIPATING TEACHERS.
7. the performance classifications of teachers participating in the alternative teacher development program pursuant to 15-537, as reported to the service provider by PARTICIPATING teachers.
5. 8. A total of all matching monies raised by the service provider.
E. The department of education shall submit an annual report by December 15 of each year concerning the alternative teacher development program to the governor, the president of the senate and the speaker of the house of representatives that includes an evaluation of the effectiveness of the program. The department of education shall provide a copy of the report to the secretary of state. The report shall include a comparison of the annual academic achievement gain of students served by teachers participating in the alternative teacher development program and students served by beginning teachers in the same school.
F. The program established by this section ends on July 1, 2020. Sec. 9. Section 15-706, Arizona Revised Statutes, is amended to read:
15-706. Instruction in environmental education; definition
A. The department of education shall establish and maintain an environmental education information resource system to assist school districts that choose to develop and implement environmental education programs. The system shall include a current documentation, referral and dissemination program for environmental education materials and information that promotes knowledge of the environment, including various scientific and economic concepts that impact on environmental and natural resource issues of this state and its citizens.
B. a. If a school district chooses to provide instruction in environmental education, the environmental education program shall:
1. Be based on current and reliable scientific information.
2. Include a discussion of economic and social implications.
C. b. For the purposes of this section "environmental education" means educational processes, programs and activities which are specifically designed to enhance student acquisition of knowledge of scientific and economic principles, concepts and facts as they relate to environmental topics and issues and which are taught in an unbiased, fair and balanced manner.
Sec. 10. Section 15-823, Arizona Revised Statutes, is amended to read:
15-823. Admission; residents of other school districts; nonresidents of this state; tuition
A. Except as provided in subsections B, C, D, E, F and G of this section, children of nonresidents of this state may be admitted upon on payment of a reasonable tuition fixed by the governing board.
B. The governing board shall admit children of nonresident teaching and research faculty of community college districts and state universities and children of nonresident graduate or undergraduate students of community college districts and state universities whose parent's presence at the district or university is of international, national, state or local benefit without payment of tuition.
C. The governing board shall admit children who are residents of the United States but who are nonresidents of this state without payment of tuition if evidence indicates that the child's physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
D. The governing board may admit nonresident foreign students who are in exchange programs without payment of tuition or as it may otherwise prescribe.
E. notwithstanding subsection d of this section, the governing board may admit the same number of nonresident foreign students who are in exchange programs and who are RECIPIENTS of a j-1 visa pursuant to federal law, that is equal to the number of resident students enrolled in that local education agency who are currently participating in a foreign exchange program, as determined by the department, without the payment of tuition.
E. f. The governing board may admit children who are residents of the United States without payment of tuition if evidence indicates that because the parents are homeless or the child is abandoned, as defined in section 8‑201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition.
F. G. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1. The child is a member of a federally recognized Indian tribe.
2. The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member.
3. The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States.
4. The governing board enters into an intergovernmental agreement with the governing board of the school district in another state in which the nonresident child resides. The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the number of resident children that are admitted by the governing board in another state.
G. H. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
1. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
2. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on behalf of the child's parent's parent or legal guardian's behalf guardian in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.
H. i. The governing board shall charge reasonable tuition for the number of nonresident pupils who reside in another state and who are admitted by a governing board in this state pursuant to subsection F of this section that exceeds the number of resident pupils from this state who are admitted into a school district by the other state.
I. j. The governing board of a school district shall pay reasonable tuition for the number of resident pupils who reside in that school district and who are admitted by a school district in another state pursuant to subsection F of this section that exceeds the number of nonresident pupils from that other state who are admitted by the governing board into that school district in this state.
J.k. Children admitted under this section shall be counted or not counted as resident pupils as prescribed in section 15‑824, subsection D.
K.l. Except as provided in subsection I subsections g and j of this section, a school district or a charter school shall not include pupils who are not residents of this state in the district's or charter school's student count and shall not obtain state funding for those pupils.”
Renumber to conform
Page 32, line 36, strike “after notice” insert “after notice”; after the period insert “IF THE PROCEEDS ARE APPLIED TO A PROJECT THAT COSTS more THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, THE GOVERNING BOARD, OR THE SUPERINTENDENT OR CHIEF ADMINiSTRATIVE OFFICER WITH THE APPROVAL OF THE GOVERNING BOARD, MAY APPLY THE PROCEEDS after NOTICE AND A HEARING.”
Page 33, line 10, strike “after notice” insert “after notice”; after the period insert “IF THE PROCEEDS ARE APPLIED TO A PROJECT THAT COSTS more THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, THE GOVERNING BOARD, OR THE SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER WITH THE APPROVAL OF THE GOVERNING BOARD, MAY APPLY THE PROCEEDS after NOTICE AND A HEARING.”
Page 33, between lines 15 and 16, insert:
“Sec. 13. Retroactivity
Sections 15-823 and 15-824, Arizona Revised Statutes, as amended by this act, apply retroactively to from and after June 30, 2015, and the department of education shall adjust student counts for affected school districts accordingly.
Sec. 14. Retroactivity
Section 15-552, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2015.”
Renumber to conform
Amend title to conform