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

House Engrossed

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 individuals 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 or an adult education provider approved by the division of adult education within ADE; and

b)   Demonstrate at least a 10-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 specifies that the application must include:

a)   A description of the service provider's partnership with a school district, nonprofit charter school or a CTED;

b)   A description of the Program school's administrative structure, activities, staff, budget and curriculum;

c)   The Program school's academic calendar and schedule;

d)   Confirmation of the Program school's location and a description of its facility;

e)   A description of specific academic, behavioral and emotional support services that will be offered to enrolled adult learners;

f) A description of the adult learner and family supports that will be provided at no-cost;

g)   A description of the available counseling services;

h)   A description of the career and technical education instruction that will be provided;

i)   A description of specific Program outcomes, goals and metrics that will be used to determine adult learner success; and

j)   The projected number of adult learners the Program school will enroll. (Sec. 1)

9.   Directs SBE, in consultation with ADE, 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, in consultation with ADE and 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 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.  Stipulates that the total number of adult learners who are 21 years old or younger in excess of the projected ADM may not exceed 10%. (Sec. 1)

18.  Allows SBE to prioritize ADM distribution to Program schools demonstrating the highest performance if the total ADM requested by approved Programs is greater than the specified ADM caps. (Sec. 1)

19.  Specifies that new Programs must be prioritized based on the services and supports for adult learners outlined in the application. (Sec. 1)

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

21.  Terminates the Program on July 1, 2031. (Sec. 1)☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☒ Fiscal Note

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25.                    HB 2405

26.  Initials CH/AN       Page 0 House Engrossed

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