COMMITTEE ON EDUCATION
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2421
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-701.01, Arizona Revised Statutes, is amended to read:
15-701.01. High schools; graduation; requirements; community college or university courses; transfer from other schools; academic credit
A. The state board of education shall:
1. Prescribe a minimum course of study, as defined in section 15-101 and incorporating that incorporates the academic standards adopted by the state board, 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. The academic standards prescribed by the state board in social studies shall include personal finance and American civics education. The state board may consider establishing a required separate personal finance course for the purpose of the graduation of pupils from high school. The state board shall require at least one-half of a course credit in economics, which shall include financial literacy and personal financial management. The competency requirements for social studies shall include a requirement that, in order to graduate from high school or obtain a high school equivalency diploma, a pupil must correctly answer at least sixty of the one hundred questions listed on a test that is identical to the civics portion of the naturalization test used by the United States citizenship and immigration services. A district school or charter school shall document on the pupil's transcript that the pupil has passed a test that is identical to the civics portion of the naturalization test used by the United States citizenship and immigration services as required by this section.
3. Develop and adopt competency tests pursuant to section 15-741. English language learners who are subject to article 3.1 of this chapter are subject to the assessments prescribed in section 15-741.
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. Pursuant to the prescribed graduation requirements adopted by the state board of education, the governing board may approve a rigorous computer science course that would fulfill a mathematics course required for graduation from high school. The governing board may approve a rigorous computer science course only if the rigorous computer science course includes significant mathematics content and the governing board determines the high school where the rigorous computer science course is offered has sufficient capacity, infrastructure and qualified staff, including competent teachers of computer science. The school district governing board or charter school governing body may determine the method and manner in which to administer a test that is identical to the civics portion of the naturalization test used by the United States citizenship and immigration services. A pupil who does not obtain a passing score on the test that is identical to the civics portion of the naturalization test may retake the test until the pupil obtains a passing score.
C. The governing board may prescribe the course of study and competency requirements for the graduation of pupils from high school that are in addition to or higher than the course of study and competency requirements that the state board prescribes.
D. The governing board may prescribe competency requirements for the passage of pupils in courses that 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 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 whether the subject matter of the community college or university course is appropriate to the specific requirement the pupil intends it to fulfill and whether 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 that 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 that is required for high school graduation and that may be met by taking community college or university courses. For the purposes of this subsection:
1. "Community college" means an educational institution that is operated by a community college district as defined in section 15-1401 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.
H. If a pupil who was previously enrolled in a charter school or school district enrolls in a school district in this state, the school district shall accept credits earned by the pupil in courses or instructional programs at the charter school or school district. The governing board of a school district may adopt a policy concerning the application of transfer credits for the purpose of determining whether a credit earned by a pupil who was previously enrolled in a school district or charter school will be assigned as an elective or core credit.
I. A pupil who transfers credit from a charter school, a school district or Arizona online instruction shall be provided with a list that indicates which credits have been accepted as elective credits and which credits have been accepted as core credits by the school district or charter school. Within ten school days after receiving the list, the pupil may request to take an examination in each particular course in which core credit has been denied. The school district or charter school shall accept the credit as a core credit for each particular course in which the pupil takes an examination and receives a passing score on a test that is aligned to the competency requirements adopted pursuant to this section and that is designed and evaluated by a teacher in the school district or charter school who teaches the subject matter on which the examination is based. If a pupil is enrolled in a school district or charter school and that pupil also participates in Arizona online instruction between May 1 and July 31, the school district or charter school shall not require proof of payment as a condition of the school district or charter school accepting credits earned from the online course provider school.
J. The state board of education shall adopt rules to allow high school pupils who can demonstrate competency in a particular academic course or subject to obtain academic credit for the course or subject without enrolling in the course or subject.
K. Pupils who earn a Grand Canyon diploma pursuant to article 6 of this chapter are exempt from the graduation requirements prescribed in this section. Pupils who earn a Grand Canyon diploma are entitled to all the rights and privileges of persons who graduate with a high school diploma issued pursuant to this section, including access to postsecondary scholarships and other forms of student financial aid and access to all forms of postsecondary education. Notwithstanding any other law, a pupil who is eligible for a Grand Canyon diploma may elect to remain in high school through grade twelve and shall not be prevented from enrolling at a high school after the pupil becomes eligible for a Grand Canyon diploma. A pupil who is eligible for a Grand Canyon diploma and who elects not to pursue one of the options prescribed in section 15-792.03 may only be readmitted to that high school or another high school in this state pursuant to policies adopted by the school district of readmission.
Sec. 2. Section 15-808, Arizona Revised Statutes, is amended to read:
15-808. Arizona online instruction; reports; definitions
A. Arizona online instruction shall be instituted to meet the needs of pupils in the information age. The state board of education shall select district public schools and state-approved charter authorizers shall sponsor charter schools to be online course providers or online schools. The state board of education and state-approved charter authorizers shall develop standards for the approval of online course providers and online schools based on the following criteria:
1. The depth and breadth of curriculum choices.
2. The variety of educational methodologies employed by the school and the means of addressing the unique needs and learning styles of targeted pupil populations, including computer-assisted learning systems, virtual classrooms, virtual laboratories, electronic field trips, e-mail email, virtual tutoring, online help desk, group chat sessions and noncomputer-based activities performed under the direction of a certificated teacher.
3. The availability of an intranet or private network to safeguard pupils against predatory and pornographic elements of the internet.
4. The availability of filtered research access to the internet.
5. The availability of private individual e-mail email between pupils, teachers, administrators and parents in order to protect the confidentiality of pupil records and information.
6. The availability of faculty members who are experienced with computer networks, the internet and computer animation.
7. The extent to which the school intends to develop partnerships with universities, community colleges and private businesses.
8. The services offered to populations with developmental disabilities.
9. The grade levels that will be served.
10. The alignment with best practices for both:
(a) Digital content.
(b) Remote teaching and learning.
B. Each new school that provides online instruction shall provide online instruction on a probationary status. After a new school that provides online instruction has clearly demonstrated the academic integrity of its instruction through the actual improvement of the academic performance of its students, the school may apply to be removed from probationary status. The state board of education or the state-approved charter authorizer that sponsored the charter school shall remove from Arizona online instruction any probationary school that fails to clearly demonstrate improvement in academic performance within three years measured against goals in the approved application and the state's accountability system. All pupils who participate in Arizona online instruction and receive state aid shall reside in this state. Pupils who participate in Arizona online instruction are subject to the testing requirements prescribed in chapter 7, article 3 of this title. On enrollment, the school shall notify the parents or guardians of the pupil of the state testing requirements. If a pupil fails to comply with the testing requirements and the school administers the tests pursuant to this subsection to less than ninety-five percent of the pupils in Arizona online instruction, the pupil shall not be allowed to participate in Arizona online instruction.
C. The state board of education and state-approved charter authorizers shall both:
1. Develop annual reporting mechanisms for schools that participate in Arizona online instruction.
2. Request from each university under the jurisdiction of the Arizona board of regents any data the university has on the performance or persistence of students who received online instruction under this section or section 15-809 before entering the university. The state board of education and state-approved charter authorizers shall submit this information to the department of education, and the department of education shall include this information in the annual report compiled under subsection D of this section.
D. The department of education shall compile the information submitted in the annual reports by schools participating in Arizona online instruction. The department of education shall submit the compiled report to the governor, the speaker of the house of representatives and the president of the senate by November 15 of each year.
E. Each school selected for Arizona online instruction shall ensure that a daily log is maintained for each pupil who participates in Arizona online instruction. The daily log shall describe the amount of time spent by each pupil participating in Arizona online instruction pursuant to this section on academic tasks. The daily log shall be used by the school district or charter school to qualify the pupils who participate in Arizona online instruction in the school's average daily attendance calculations pursuant to subsection F of this section.
F. If a pupil is enrolled in a school district or charter school and also participates in Arizona online instruction, the sum of the average daily membership, which includes enrollment as prescribed in section 15-901, subsection A, paragraph 1, subdivisions (a) and (b) and daily attendance as prescribed in section 15-901, subsection A, paragraph 5, for that pupil in the school district or charter school and in Arizona online instruction shall not exceed 1.0. If the pupil is enrolled in a school district or a charter school and also participates in Arizona online instruction and the sum of the daily membership or daily attendance for that pupil is greater than 1.0, the sum shall be reduced to 1.0 and shall be apportioned between the school district, unless the school district is a career technical education district subject to the apportionment requirements of section 15-393, or charter school and Arizona online instruction based on the percentage of total time that the pupil is enrolled or in attendance in the school district or charter school and Arizona online instruction. The uniform system of financial records shall include guidelines for the apportionment of the pupil enrollment and attendance as provided in this subsection. Pupils in Arizona online instruction do not incur absences for purposes of this subsection and may generate an average daily attendance of 1.0 for attendance hours during any hour of the day, during any day of the week and at any time between July 1 and June 30 of each fiscal year. For kindergarten programs and grades one through eight, average daily membership shall be calculated by dividing the instructional hours as reported in the daily log required in subsection E of this section by the applicable hourly requirements prescribed in section 15-901. For grades nine through twelve, average daily membership shall be calculated by dividing the instructional hours as reported in the daily log required in subsection E of this section by nine hundred. The average daily membership of a pupil who participates in online instruction shall not exceed 1.0. Average daily membership shall not be calculated on the one hundredth day of instruction for the purposes of this section. Funding shall be determined as follows:
1. A pupil who is enrolled full-time in Arizona online instruction shall be funded for online instruction at ninety-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a full-time student in a school district or charter school that does not participate in Arizona online instruction. Charter additional assistance and district additional assistance shall be calculated in the same manner they would be calculated if the student were enrolled in a district or charter school that does not participate in Arizona online instruction.
2. A pupil who is enrolled part-time in Arizona online instruction shall be funded for online instruction at eighty-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a part-time student in a school district or charter school that does not participate in Arizona online instruction. Charter additional assistance and district additional assistance shall be calculated in the same manner they would be calculated if the student were enrolled in a district or charter school that does not participate in Arizona online instruction.
G. If the academic achievement of a pupil declines while the pupil is participating in Arizona online instruction, the pupil's parents, the pupil's teachers and the principal or head teacher of the school shall confer to evaluate whether the pupil should be allowed to continue to participate in Arizona online instruction.
H. To ensure the academic integrity of pupils who participate in online instruction, Arizona online instruction shall include multiple diverse assessment measures and the proctored administration of required state standardized tests.
I. A school district or charter school may not charge a fee to a pupil who takes an examination in a particular course to obtain academic credit, pursuant to section 15-701.01, subsection I, from the school district or charter school if the academic credit for a course was previously earned in an Arizona online instruction course or at any public school in this state. Any test administered pursuant to this subsection shall be an assessment that is aligned to the course-relevant state academic standards.
J. For the purposes of this section:
1. "Full-time student" means:
(a) A student who is at least five years of age before September 1 of a school year and who is enrolled in a school kindergarten program that meets at least three hundred forty-six hours during the school year.
(b) A student who is at least six years of age before September 1 of a school year, who has not graduated from the highest grade taught in the school and who is regularly enrolled in a course of study required by the state board of education. For first, second and third grade students, the instructional program shall meet at least seven hundred twelve hours. For fourth, fifth and sixth grade students, the instructional program shall meet at least eight hundred ninety hours during the school year.
(c) Seventh and eighth grade students or ungraded students who are at least twelve, but under fourteen, years of age on or before September 1 and who are enrolled in an instructional program of courses that meets at least one thousand sixty-eight hours during the school year.
(d) For high schools, a student who has not graduated from the highest grade taught in the school district, or an ungraded student who is at least fourteen years of age on or before September 1, and who is enrolled in at least four courses throughout the year that meet at least nine hundred hours during the school year. A full-time student shall not be counted more than once for computation of average daily membership.
2. "Online course provider" means a school other than an online school that is selected by the state board of education or a state-approved charter authorizer to participate in Arizona online instruction pursuant to this section and that provides at least one online academic course that is approved by the state board of education.
3. 2. "Online school" means a school that provides at least four online academic courses or one or more online courses for the equivalent of at least five hours each day for one hundred eighty school days and that is a charter school that is sponsored by a state-approved charter authorizer or a district public school that is selected by the state board of education to participate in Arizona online instruction sixty-five percent of its instructional time online. For the purposes of this paragraph, "instructional time" means the total amount of instructional time received by all students who are both online and remote.
4. 3. "Part-time student" means:
(a) Any student who is enrolled in a program that does not meet the definition in paragraph 1 of this subsection shall be funded at eighty-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a part-time student in a school district or charter school that does not participate in Arizona online instruction.
(b) A part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer for first, second and third grade students at least five hundred thirty-four instructional hours in a school year and for fourth, fifth and sixth grade students at least six hundred sixty-eight instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer for first, second and third grade students at least three hundred fifty-six instructional hours in a school year and for fourth, fifth and sixth grade students at least four hundred forty-five instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers for first, second and third grade students at least one hundred seventy-eight instructional hours in a school year and for fourth, fifth and sixth grade students at least two hundred twenty-three instructional hours in a school year.
(c) For seventh and eighth grade students, a part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer at least eight hundred one instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer at least five hundred thirty-four instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers at least two hundred sixty-seven instructional hours in a school year.
(d) For high school students, a part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer at least six hundred seventy-five instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer at least four hundred fifty instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers at least two hundred twenty-five instructional hours in a school year.
5. 4. "State-approved charter authorizer" means any charter school sponsor authorized pursuant to section 15-183.
Sec. 3. Title 15, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 15-809, to read:
15-809. Supplemental distance learning courses; online catalog; application; definition
A. Notwithstanding section 15-808, beginning in the 2022-2023 school year, any school district or charter school, including an online school as defined in section 15-808, that complies with this section may offer supplemental distance learning courses to any student in this state in any of grades six through twelve pursuant to this section. A student who takes a supplemental distance learning course offered under this section is not required to be enrolled in the school district or charter school that offers the supplemental distance learning course.
B. Any student in this state who is in any of grades six through twelve and who is enrolled full-time in a school district or charter school or who has otherwise already generated 1.0 average daily membership may enroll in up to two supplemental distance learning courses per school year.
C. Supplemental distance learning courses may be offered either online or via any other format.
D. The department of education shall establish an online catalog on or before July 1, 2022 and shall update the catalog on or before July 1 of each year thereafter. The state board of education shall approve the catalog. The department of education shall indicate in the catalog each course's classification, such as a core subject or an elective subject, and may include a parent and student review section in the catalog for each course. Each school district and charter school in this state shall post a link to the catalog on its website. The department of education shall include the information described in section 15-808, subsection C, including student outcome data and student ratings, in its catalog.
E. The department of education shall include in the initial online catalog any course provided via online instruction as of the effective date of this section, including courses provided by online schools as defined in section 15-808 and courses provided by schools that were approved to provide online courses in the 2020-2021 school year or schools with applications still pending. The state board of education may develop a system to review courses listed in the catalog under this subsection based on performance data and student and parental feedback and may remove low quality courses from the catalog regardless of a school's letter grade assigned under section 15-241 or status with the state board for charter schools.
F. The state board of education shall establish application policies and procedures for supplemental distance learning courses under this section. A school district or charter school shall apply to the state board of education to offer a distance learning course and shall include at least the following in its application:
1. Proof of excellence in the course subject the district or school proposes to offer.
2. The proposed course format.
3. The proposed enrollment capacity.
4. The plan for proctoring any tests in the course.
5. Any equipment or Technology required for student participation in the course.
6. A plan for student support.
G. The state board of education may prioritize the approval of supplemental distance learning courses for the following:
1. Courses in which a significant teacher shortage exists.
2. Foreign language courses.
3. Elective courses, including high-level math and science courses.
4. Courses for which there is a shortage of course offerings in the catalog.
5. Courses offered by schools seeking continuity for students who received or are receiving digital and online instruction in the 2020-2021 and 2021-2022 school years, whose student outcomes have remained stable or improved and who are otherwise not accommodated in this section.
H. The state board of education shall review any supplemental distance learning course in which students perform below the statewide average on the statewide assessment adopted pursuant to section 15-741 or that receives consistent complaints from students, parents or other schools that serve those students and that provide performance data.
I. The state board of education may review any supplemental distance learning course at its discretion if the course has not been reviewed for more than five years or is offered by a school with low overall performance as indicated by the school's letter grade pursuant to section 15-241 or other data.
J. The state board of education shall consult with schools and other organizations that offer high quality online coursework and with other entities that provide recommendations on how to assess the quality of online courses in developing the board's review practices and policies.
K. school districts and charter schools may offer supplemental distance learning courses from other providers that are already approved for their own enrolled students or for students taking supplemental distance learning courses.
L. If a student completes and receives credit for a supplemental distance learning course that is included in the online catalog established under this section, the school in which the student is enrolled shall accept the credit and shall classify the course as indicated in the online catalog.
M. For the purposes of this section, "supplemental distance learning course" means a course that meets all of the following requirements:
1. Is provided by a school district or charter school in an online or other format.
2. Is provided to a student who has maximized the student's average daily membership as prescribed in subsection B of this section but who takes additional courses pursuant to this section.
3. Is either:
(a) a retake of a course that a student has already completed or partially completed.
(b) an intersession course that is offered either:
(i) Any time from and after April 30 until a student's enrolled school's start date.
(ii) Over winter break.
Sec. 4. Title 15, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 15-901.08, to read:
15-901.08. Supplemental distance learning courses; calculation of average daily membership; definition
A. each supplemental distance course completed under section 15-809 generates the lesser of the following:
1. An amount of average daily membership equal to 1.0 divided by the total number of courses, including supplemental distance learning courses, that the student is taking that school year.
2. One-sixth average daily membership.
B. Any average daily membership generated under subsection A of this section by a student participating in a supplemental distance learning course shall be transferred to the school district or charter school in which the student is taking the supplemental distance learning course. The primary school district or charter school in which the student is enrolled shall subtract the average daily membership generated under subsection A of this section from its average daily membership calculation.
C. For a student who is primarily enrolled in a school district or charter school and who is also taking at least one supplemental distance learning course in another school district or charter school under this section, the sum of the average daily membership, which includes enrollment as prescribed in section 15-901, subsection A, paragraph 1, subdivisions (a) and (b) and daily attendance as prescribed in section 15-901, subsection A, paragraph 5, may not exceed 1.0. If the student is primarily enrolled in a school district or a charter school and also is taking at least one supplemental distance learning course in another school district or charter school under this section and the sum of the daily membership or daily attendance for that student is greater than 1.0, the sum shall be reduced to 1.0 and shall be apportioned between the school district, unless the school district is a career technical education district subject to the apportionment requirements of section 15-393, or charter school in which the student is primarily enrolled and the school district, unless the school district is a career technical education district subject to the apportionment requirements of section 15-393, or charter school in which the student is taking the supplemental distance learning course as prescribed in subsections A and B of this section. The uniform system of financial records shall include guidelines for apportioning the student enrollment and attendance as provided in this section. Funding for students taking supplemental distance learning courses is determined pursuant to subsection D of this section.
D. A student who takes a supplemental distance learning course shall be funded for the supplemental distance learning course at eighty-five percent of the base support level that would be calculated for that student if that student were enrolled as a part-time student in a school district or charter school that does not offer supplemental distance learning courses. Charter additional assistance and district additional assistance shall be calculated in the same manner they would be calculated if the student were enrolled in a district or charter school that does not participate in supplemental distance learning courses.
E. For the purposes of this section, "supplemental distance learning course" has the same meaning prescribed in section 15-809.
Sec. 5. Current online provider and course applications; continuity for students and educators
All school districts and charter schools that, as of December 1, 2020, are in the process of being approved to offer Arizona online instruction under section 15-808, Arizona Revised Statutes, or otherwise offer online and remote content may continue to offer digital and online content without interruption and may complete the application process pursuant to section 15-808, Arizona Revised Statutes, or request to have their applications held and reviewed pursuant to section 15-809, Arizona Revised Statutes, as added by this act. Except for those schools in school improvement under section 15-241.02, Arizona Revised Statutes, school districts and charter schools that were offering digital and online content as of December 1, 2020 without submitting an application may continue to do so but shall apply to have those individual courses approved pursuant to section 15-809, Arizona Revised Statutes, as added by this act, when the applications become available. Beginning in the 2021-2022 school year, schools continuing to offer online and remote instruction shall also offer all students an in-person option. This option may not be waived by any authority but may be offered by a school or community partner and in a building other than in a school district or charter school building as long as transportation options are made available to the families."
Amend title to conform