State of Arizona
First Regular Session
SENATE BILL 1152
amending sections 15‑506, 15‑745, 15-763, 15‑802 and 15-802.01, Arizona Revised Statutes; amending Section 15-803, Arizona Revised Statutes, as amended by Laws 2010, chapter 318, section 8; amending sections 15‑1626, 15‑1646, 15-1805.01, 33‑1801 and 41‑778, Arizona Revised Statutes; relating to homeschool instruction.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-506, Arizona Revised Statutes, is amended to read:
15-506. Flag, Constitution and the Bill of Rights display; recitation of the pledge of allegiance; exemption
A. School districts and charter schools shall:
1. Purchase Acquire United States flags that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flag and flags.
2. For grades seven through twelve, purchase acquire a legible copy of the Constitution of the United States and the Bill of Rights that is manufactured in the United States.
2. 3. Display the flags in accordance with title 4 of the United States Code in each classroom and upon on or near the outside of the school building during school hours and at such other times as the school authorities direct.
4. For grades seven through twelve, place a legible copy of the Constitution of the United States and the Bill of Rights shall be placed adjacent to each classroom flag.
3. 5. Set aside a specific time each day for those students who wish to recite the pledge of allegiance to the United States flag.
B. Private schools, parochial schools and home schools homeschools are exempt from the provisions of this section.
Sec. 2. Section 15-745, Arizona Revised Statutes, is amended to read:
15-745. Children instructed at home; testing; prohibition
A. Nothing in This article shall not be construed to require the testing of children who are instructed in a home school homeschool program while they are receiving home school homeschool instruction.
B. A child who enrolls in a kindergarten program or grades one through twelve after receiving instruction in a home school homeschool program shall be tested pursuant to this article in order to determine the appropriate grade level for the educational placement of the child.
Sec. 3. Section 15-763, Arizona Revised Statutes, is amended to read:
15-763. Plan for providing special education; definition
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. Pupils who receive special education shall not be required to achieve passing scores on the Arizona instrument to measure standards test in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless a passing score on the Arizona instrument to measure standards test is specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen years of age. The pupil's individualized education program shall include any necessary testing accommodations. Special education services shall be provided at no cost to the parents of children with disabilities.
B. The state board of education shall adopt guidelines to define a parent's or guardian's role or a pupil's role, if the pupil is at least eighteen years of age, in the development of a pupil's section 504 plan as defined in section 15-731, including testing and testing accommodations.
C. 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 homeschooled pupils.
D. If federal monies are provided to a school district or a charter school for special education services to home schooled homeschooled or private schooled pupils, the school district or charter school shall provide the services to both the home schooled homeschooled pupils and the private schooled pupils in the same manner.
E. For the purposes of this section, "special education" has the same meaning prescribed in section 15‑1201.
Sec. 4. Section 15-802, Arizona Revised Statutes, is amended to read:
15-802. School instruction; exceptions; violations; classification; definitions
A. Every child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private, or charter school or home school a homeschool as defined in this section to provide instruction.
B. The parent or person who has custody shall do the following:
1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. If a child attends a school which that is operated on a year‑round basis, the child shall regularly attend during school sessions that total not less than one hundred seventy‑five school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.
2. If the child will attend a private school or home school homeschool, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a home school homeschool. The affidavit of intent shall include:
(a) The child's name.
(b) The child's date of birth.
(c) The current address of the school the child is attending.
(d) The names, telephone numbers and addresses of the persons who currently have custody of the child.
3. If the child will attend home school homeschool, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin home school homeschool instruction.
C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or home school homeschool and is not required thereafter unless the private school or the home school homeschool instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a private school or a home school homeschool. If the private school or home school homeschool instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.
D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following are is shown to the satisfaction of the school principal or the school principal's designee:
1. The child is in such physical or mental condition that instruction is inexpedient or impracticable.
2. The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education.
3. The child has presented reasons for nonattendance at a public school which that are satisfactory to the school principal or the school principal's designee. For the purposes of this paragraph, the principal's designee may be the school district governing board.
4. The child is over fourteen years of age and is employed, with the consent of the person who has custody of him, employed at some lawful wage earning occupation.
5. The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program which that meets the educational standards established and approved by the department of education.
6. The child was either:
(a) Suspended and not directed to participate in an alternative education program.
(b) Expelled from a public school as provided in article 3 of this chapter.
7. The child is enrolled in an education program provided by a state educational or other institution.
E. Unless otherwise exempted in this section or section 15‑803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a home school homeschool and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a home school homeschool is guilty of a petty offense.
F. For the purposes of this section:
1. "Home school Homeschool" means a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child's home.
2. "Private school" means a nonpublic institution, other than the child's home, where academic instruction is provided for at least the same number of days and hours each year as a public school.
Sec. 5. Section 15-802.01, Arizona Revised Statutes, is amended to read:
15-802.01. Children instructed at home; eligibility to participate in interscholastic activities
A. Notwithstanding any other law, a child who resides within the attendance area of a public school and who is instructed at home homeschooled shall be allowed to try out for interscholastic activities on behalf of the public school in the same manner as a pupil who is enrolled in that public school. Registration, age eligibility requirements, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance policies for home schooled homeschooled students shall be consistent with those policies established for students enrolled in that public school. The individual providing the primary instruction of a child who is instructed at home homeschooled shall submit written verification that provides:
1. Whether the student is receiving a passing grade in each course or subject being taught.
2. Whether the student is maintaining satisfactory progress towards advancement or promotion.
B. A child who is instructed at home homeschooled and who was previously enrolled in a public, private or charter school shall be ineligible to participate in interscholastic activities for the remainder of the school year during which the child was enrolled in a school.
C. A school district shall not contract with any private entity that supervises interscholastic activities if the private entity prohibits the participation of homeschooled children instructed at home in interscholastic activities at public, private or charter schools.
Sec. 6. Section 15-803, Arizona Revised Statutes, as amended by Laws 2010, chapter 318, section 8, is amended to read:
15-803. School attendance; exemptions; definitions
A. It is unlawful for any child who is between six and sixteen years of age to fail to attend school during the hours school is in session, unless either:
1. The child is excused pursuant to section 15‑802, subsection D or section 15‑901, subsection A, paragraph 5, subdivision (c).
2. The child is accompanied by a parent or a person authorized by a parent.
3. The child is provided with instruction in a home school homeschool.
B. A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in section 8‑201. Absences may be considered excessive when the number of absent days exceeds ten per cent of the number of required attendance days prescribed in section 15‑802, subsection B, paragraph 1.
C. For the purposes of this section:
1. "Habitually truant" means a truant child who is truant for at least five school days within a school year.
2. "Truant" means an unexcused absence for at least one class period during the day.
3. "Truant child" means a child who is between six and sixteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused as provided by this section.
Sec. 7. Section 15-1626, Arizona Revised Statutes, is amended to read:
15-1626. General administrative powers and duties of board
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, 8, 9, 11 and 12 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 and 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 differentiate the tuitions and fees between institutions and between residents, nonresidents, undergraduate students, graduate students, students from foreign countries and students who have earned credit hours in excess of the credit hour threshold. For the purposes of this paragraph, the undergraduate credit hour threshold is one hundred forty‑five hours for students who attend a university under the jurisdiction of the board. The undergraduate credit hour threshold shall be based on the actual full‑time equivalent student enrollment counted on the forty‑fifth day of every fall and spring semester, divided by two, and any budget adjustment based on student enrollment shall occur in the fiscal year following the actual full-time equivalent student enrollment count. The undergraduate credit hour threshold shall not apply to degree programs that require credit hours above the credit hour threshold, credits earned in the pursuit of up to two baccalaureate degrees, credits earned in the pursuit of up to two state regulated licensures or certificates, credits earned in the pursuit of teaching certification, credits transferred from a private institution of higher education, credits transferred from an institution of higher education in another state, credits earned at another institution of higher education but that are not accepted as transfer credits at the university where the student is currently enrolled and credits earned by students who enroll at a university under the jurisdiction of the board more than twenty-four months after the end of that student's previous enrollment at a public institution of higher education in this state. On or before October 15 of each year, the board shall report to the joint legislative budget committee the number of students who were enrolled at universities under the jurisdiction of the board during the previous fiscal year who met or exceeded the undergraduate credit hour threshold prescribed in this paragraph. 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 13 of this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147. All other tuition and fee revenue shall be retained by each university for expenditure as approved by the board, except that the universities shall not use any tuition or fee revenue to fund or support an alumni association.
6. Except as provided in subsection I of this section, adopt rules to govern its tuition and fee setting process that provide for the following:
(a) At least one public hearing at each university as an opportunity for students and members of the public to comment on any proposed increase in tuition or fees.
(b) Publication of the notice of public hearing at least ten days prior to the hearing in a newspaper of general circulation in Maricopa county, Coconino county and Pima county. The notice shall include the date, time and location of the public hearing.
(c) Public disclosure by each university of any proposed increases in tuition or fees at least ten days prior to the public hearing.
(d) Final board action on changes in tuition or fees shall be taken by roll call vote.
The procedural requirements of subdivisions (a), (b), (c) and (d) of this paragraph apply only to those changes in tuition or fees that require board approval.
7. 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.
8. Establish curriculums and designate courses at the several institutions that in its judgment will best serve the interests of this state.
9. Award such degrees and diplomas on the completion of such courses and curriculum requirements as it deems appropriate.
10. Prescribe qualifications for admission of all students to the universities. The board shall establish policies for guaranteed admission that assure fair and equitable access to students in this state from public, private, and charter schools and home schools homeschools. For the purpose of determining the qualifications of honorably discharged veterans, veterans are those persons 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.
11. Adopt any energy conservation standards promulgated by the department of administration for the construction of new buildings.
12. 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.
13. 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.
14. In consultation with the state board of education and other education groups, develop and implement 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 is voluntary for pupils.
15. 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.
16. Require universities that provide a degree in education to require courses that are necessary to obtain a provisional structured English immersion endorsement as prescribed by the state board of education.
17. Acquire United States flags for each classroom that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flags, acquire a legible copy of the Constitution of the United States and the Bill of Rights, display the flags in each classroom in accordance with title 4 of the United States Code and display a legible copy of the Constitution of the United States and the Bill of Rights adjacent to the flag.
18. To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the state board of education, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents. A reciprocity agreement entered into pursuant to this paragraph shall:
(a) Address procedures for each of the following:
(i) The transfer of student records.
(ii) Awarding credit for completed course work.
(iii) Permitting a student to satisfy the graduation requirements prescribed in section 15-701.01 through the successful performance on comparable exit-level assessment instruments administered in another state.
(b) Include appropriate criteria developed by the state board of education and the Arizona board of regents.
19. Require a university to publicly post notices of all of its employment openings, including the title and description, instructions for applying and relevant contact information.
20. In consultation with the community college districts in this state, develop and implement common equivalencies for specific levels of achievement on advanced placement examinations and international baccalaureate examinations in order to award commensurate postsecondary academic credits at community colleges and public universities in this state.
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. In conjunction with the auditor general, the board shall develop a uniform accounting and reporting system, which shall be reviewed by the joint legislative budget committee before final adoption by the board. The board shall require each university to comply with the uniform accounting and reporting system.
D. The board 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 on the general fund of this state but shall be paid from funds of the institutions.
E. The board shall approve or disapprove any contract or agreement entered into by the university of Arizona hospital with the Arizona health facilities authority.
F. The board may adopt policies that 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.
G. The board may adopt a plan or plans for employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
H. 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.
I. Subsection A, paragraph 6, subdivisions (a), (b), (c) and (d) of this section do not apply to fee increases that are set by individual universities and that do not require approval by the Arizona board of regents before the fee increase becomes effective. END_STATUTE
Sec. 8. Section 15-1646, Arizona Revised Statutes, is amended to read:
15-1646. Board of regents and university scholarships; notification requirements
The universities under the jurisdiction of the Arizona board of regents shall establish policies that ensure fair and equitable access by Arizona students from public, private, and charter schools and home schools homeschools to scholarships, including tuition waivers, that are issued solely on the basis of academic merit and for which the universities establish and administer fair and equitable selection criteria. The universities under the jurisdiction of the Arizona board of regents shall:
1. Annually report to the board and publish and disclose to the extent permitted by state and federal law the following information related to each merit based scholarship awarded to students from public, private, and charter schools and home schools homeschools by each university, for the prior academic year:
(a) The total number and dollar amount of awards and total number of applicants.
(b) The total number and dollar amount of awards and total number of applicants by type of student.
(c) The specific criteria used to award each scholarship, including average and range of SAT and ACT scores.
(d) The number of newly awarded scholarships and the number of renewed scholarships.
2. Notify students in this state of scholarship awards in a timely manner without regard to whether the students are from public, private, or charter schools or home schools homeschools.
Sec. 9. Section 15-1805.01, Arizona Revised Statutes, is amended to read:
15-1805.01. Admissions; enrollments; community colleges
A. Admissions to the community colleges in this state may be granted to any person who meets any one of the following criteria:
1. Is a graduate of a high school that is accredited by a regional accrediting association as defined by the United States office of education or approved by a state board of education or other appropriate state educational agency.
2. Has a high school certificate of equivalency.
3. Is at least eighteen years of age and demonstrates evidence of potential success in the community college.
4. Is a transfer student in good standing from another college or university.
B. Each community college district shall adopt policies regarding the admission of students under eighteen years of age that include, at a minimum, student completion of course prerequisites and the following requirements:
1. Admission to the community colleges in this state shall be granted to any student who is under eighteen years of age and who achieves one of the following:
(a) A composite score of 93 or more on the preliminary scholastic aptitude test.
(b) A composite score of 930 or more on the scholastic aptitude test.
(c) A composite score of twenty‑two or more on the American college test.
(d) A passing score on the relevant portions of the Arizona instrument to measure standards test.
(e) The completion of a college placement test designated by the community college district that indicates the student is at the appropriate college level for the course.
(f) Is a graduate of a private or public high school or has a high school certificate of equivalency.
2. A community college may limit the number of semester hours in which the student may enroll to not more than six credit hours.
3. C. Home schooled Homeschooled students are exempt from this subsection B of this section.
C. D. Students who enroll in vocational courses may be admitted on an individual basis with the approval of college officials if the student meets the established requirements of the courses for which the student enrolls and the college officials determine that the student's admission is in the best interest of the student.
Sec. 10. Section 33-1801, Arizona Revised Statutes, is amended to read:
33-1801. Applicability; exemption
A. This chapter applies to all planned communities.
B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners' association that is subject to this chapter. With the exception of home schools homeschools as defined in section 15‑802, schools shall not be established within the living units of a homeowners' association. The homeowners' association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners' association's common areas by the school district or charter school.
C. This chapter does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
Sec. 11. Section 41-778, Arizona Revised Statutes, is amended to read:
41-778. State employees; mentoring
A. The director shall provide in the personnel rules a procedure that allows state employees to voluntarily engage in activities that support mentoring, education and youth development of school age youths in this state.
B. The rules shall:
1. Encourage state employees to volunteer as mentors to school age youths at public schools, private schools or home schools homeschools or through faith‑based organizations.
(a) Up to one hour of flex time per week, not to exceed five hours per calendar month.
(b) Provisions that the flex time must be made up within the same work week that it is taken and that flex time is unpaid, cannot be accrued and does not count toward overtime hours.
APPROVED BY THE GOVERNOR APRIL 6, 2011.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 7, 2011.