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Senate Engrossed
alternative schools; continuous operations; requirements |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1026 |
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AN ACT
amending section 15-796, Arizona Revised Statutes; relating to alternative education programs and alternative schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-796, Arizona Revised Statutes, is amended to read:
15-796. Alternative education programs; alternative schools; requirements; funding; eligibility; appeal; definitions
A. The governing board of a school district may contract with any public body or private person for the purpose of providing alternative education programs or alternative schools.
B. On the approval of the parent or guardian of a student or of a student who is an emancipated person, the superintendent of a school district may recommend to the governing board the placement of the student in an alternative education program or alternative school as provided in this article.
C. An alternative education program or alternative school may deliver the annual required instructional time or instructional hours prescribed in pursuant to section 15-797, subsection D or any other section to students on any day of the week, consistent with the calendar that the alternative education program or alternative school submits to the department of education.
D. An alternative education program or alternative school may enroll and begin to receive funding for a student without a withdrawal form from the student's previous school if the withdrawal has been verified in the student accountability information system and the alternative education program or alternative school retains electronic documentation validating the withdrawal.
E. Notwithstanding any other law, if the previous school of a student who is enrolled in an alternative education program or alternative school incorrectly codes the student as a graduate in the student accountability information system, the alternative education program or alternative school in which the student is currently enrolled may continue to enroll the student. On notification that a student who has been incorrectly coded as a graduate is enrolled in an alternative education program or alternative school, the department of education shall allocate funding for the student beginning on the date of the student's enrollment in the alternative education program or alternative school.
F. The department of education and the state board of education may not require a school district governing board, alternative education program provider or alternative school that is operating in good standing to recertify or otherwise submit an application to continue providing an alternative education program or alternative school pursuant to this article more than one time during any five-year period. The department or the state board may require a school district governing board, alternative education program provider or alternative school to:
1. Submit an application to begin providing an alternative education program or alternative school.
2. Provide notice before closing an existing alternative school.
3. Demonstrate, in a form and manner prescribed by the department, that at least seventy percent of the students who are enrolled in the alternative education program or alternative school are students in grades six through twelve who are unable to profit from the regular school course of study and environment.
G. The department of education shall annually review information that is readily available to the department to determine whether an alternative education program or alternative school satisfies the requirements prescribed by subsection F, paragraph 3 of this section. On finding that An alternative education program or alternative school fails to satisfy the requirements prescribed by subsection F, paragraph 3 of this section, the department of education shall notify the alternative education program or alternative school that it is not eligible to use the provisions of this article until the state board of education determines that the program or school is in compliance. A school district governing board, alternative education program provider or alternative school may appeal the department's finding to the state board of education and remains eligible to use the provisions of this article until the appeal is concluded.
F. H. For the purposes of this section:
1. "Alternative education" means the modification of the school course of study and adoption of teaching methods, materials and techniques, including using any instructional time models pursuant to section 15-901.08, to provide educationally for students in grades six through twelve who are unable to profit from the regular school course of study and environment.
2. "Student accountability information system" means the student accountability information system established by section 15-1041.