ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: ED DPA 7-3-0-0 | APPROP DP 11-2-0-0

HB 2405: continuing high school program

Sponsor: Representative Udall, LD 25

Caucus & COW

Overview

Establishes a continuing high school program (Program) that provides adult learners with alternative study services that lead to the issuance of a high school diploma and industry-recognized credentials.

History

Statute requires that every child between the ages of 6 and 16 attend a school and be provided instruction in the subjects of reading, grammar, math, social studies and science. Furthermore, public schools are required to admit children who are between the ages of 6 and 21 (A.R.S. §§ 15-802, 15-821).

The Arizona Department of Education (ADE) operates a division of adult education under the jurisdiction of the State Board of Education (SBE). The division provides services, such as educational programs to assist individuals in earning a high school equivalency diploma, to individuals who are 16 years old or older and who are not enrolled in a K-12 school (A.R.S. § 15-232).

A 501(c)(3) organization must be organized and operated for outlined exempt purposes (charitable, religious, educational, scientific, literary) and may not be organized or operated for the benefit of private interests (Internal Revenue Service).

Provisions

1.   Directs SBE to establish a Program that provides adult learners with alternative study services and leads to the issuance of a high school diploma and industry-recognized credentials. (Sec. 1)

2.   Requires SBE to authorize eligible service providers to participate in the Program and to establish a Program school in partnership with school districts, nonprofit charter schools or career technical education districts (CTEDs). (Sec. 1)

3.   Specifies that service providers must:

a)   Be qualified pursuant to 501(c)(3) of the Internal Review Code; and

b)   Demonstrate at least a ten-year history of providing workforce training and career services in Arizona to individuals who are at least 18 years old or older and whose educational and training opportunities have been limited by educational disadvantages, disabilities and other educational barriers. (Sec. 1)

4.   Stipulates that a high school diploma may be issued only to an adult learner who meets all necessary graduation requirements. (Sec. 1)

5.   Requires a Program school to meet all applicable public school legal requirements. (Sec. 1)

6.   Prohibits a Program school from receiving transportation funding or Arizona online instruction funding. (Sec. 1)

7.   Allows a Program school to receive base support level funding and additional assistance in the same manner as a school district or charter school. (Sec. 1)

8.   Instructs ADE to develop application procedures for service providers and outlines what the application procedures must include. (Sec. 1)

9.   Directs SBE to approve Program schools that demonstrate the ability to provide adult learners with instruction and support leading to a high school diploma and one or more industry-recognized credential. (Sec. 1)

10.  Specifies that:

a)   Initial approval of a service provider cannot be for more than two school years;

b)   Renewal of approval cannot be for more than four school years and is contingent on specific performance expectations; and

c)   If an approved service provider fails to meet requirements or SBE-adopted rules, SBE must initiate a process to revoke the Program school’s authorization to participate in the Program. (Sec. 1)

11.  Requires SBE, by July 1, 2023, to adopt performance expectations to evaluate Program schools. (Sec. 1)

12.  Outlines the measurements the SBE-adopted performance expectations must include. (Sec. 1)

13.  Mandates approved school districts, nonprofit charter schools and CTEDs participating in the Program to report specified information to ADE annually.

14.  Directs ADE, beginning December 15, 2024 and annually thereafter, to submit a report evaluating the effectiveness of the Program to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Secretary of State. (Sec. 1)

15.  Allows SBE to approve Program schools with total projected average daily membership (ADM) of:

a)   In FY 2023, not more than 350 total ADM;

b)   In FY 2024, not more than 700 total ADM; and

c)   IN FY 2025 and each fiscal year thereafter, not more than 1,400 total ADM. (Sec. 1)

16.  Prohibits SBE from including students who are 21 or younger in the total projected ADM. (Sec. 1)

17.  Authorizes SBE to adopt rules to carry out the Program. (Sec. 1)

18.  Terminates the Program on July 1, 2031. (Sec. 1)

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAmendments

Committee on Education

1.   Allows adult education providers approved by the Division of Adult Education within ADE to be eligible to participate in the Program as a service provider if the adult education provider meets the specified criteria.

2.   Adds the following application requirements that a service provider must include when applying to participate in the Program:

a)   Confirmation of the Program school's location and a description of the Program school's facility, including:

  i.   Accessibility;

ii.   Available classroom space;

  iii.   Child care space; and

iv.   Health and safety requirements.

b)   A description of the adult learner and family supports that the Program school will provide at no cost, including:

  i.   On-site child care for dependents;

ii.   Local transportation assistance for adult learners with verifiable need;

  iii.   Career and higher education counseling; and

iv.   Job placement assistance.

c)   A description of the available counseling services that assist adult learners in overcoming barriers to educational success, including:

  i.   Educational disadvantages;

ii.   Homelessness;

  iii.   Criminal history; and

iv.   Disabling conditions.

3.   Allows SBE, if ADM requested by approved Programs exceeds the ADM caps by fiscal year, to prioritize ADM distribution to Program schools demonstrating the highest performance.

4.   Specifies that new Programs will be prioritized based on the services and supports for adult learners outlined in the Program application.

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8.                     HB 2405

9.   Initials CH/AN       Page 0 Caucus & COW

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