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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
alternative schools; continuous operations; requirements
Purpose
Prohibits the Arizona Department of Education (ADE) and the State Board of Education (SBE) from requiring a school district governing board (governing board), alternative education program provider or alternative school to recertify or otherwise submit an application to continue providing an alternative education program or alternative school.
Background
A school within a school district or charter school is eligible to apply for alternative school status if: 1) the district school adopts a mission statement that clearly identifies its purpose to serve a specific student population that will benefit from an alternative school setting, or the charter school expressly states in the charter school's charter that its purpose is to serve a specific student population that will benefit from an alternative school setting; 2) the educational program and related student support services of the school aligns with the mission and, if applicable, the charter of the school; 3) schools offering secondary instruction that fulfills the SBE graduation requirements offer a high school diploma; 4) the school receives current year statewide assessment scores for the school's students; and 5) the school intends to serve specific student populations, including students with a history of disruptive behavioral issues or students in poor academic standing.
After a school submits an alternative school status application, ADE must conduct a quantitative review as outlined for student enrollment verification prior to confirming the school's alternative status. An existing alternative school must re-apply for alternative status each fiscal year to certify and demonstrate the school satisfies the eligibility criteria (ADE).
Alternative education means the modification of the school course of study and adoption of teaching methods, materials and techniques, including instructional time models, to provide educationally for students in grades 6 through 12 who are unable to profit from the regular school course of study and environment (A.R.S. § 15-796).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits ADE and the SBE from requiring a governing board, alternative education program provider or alternative school, that is operating in good standing, to recertify or otherwise submit an application more than once in a five-year period to continue providing an alternative education program or alternative school.
2. Allows ADE or the SBE to require a governing board, alternative education program provider or alternative school to:
a) submit an application to begin providing an alternative education program or alternative school;
b) provide notice before closing an existing alternative school; and
c) demonstrate, in a form and manner prescribed by ADE, that at least 70 percent of the students who are enrolled in the alternative education program or alternative school are students in grades 6 through 12 who are unable to profit from the regular school course of study and environment.
3. Requires ADE, on finding that an alternative education program or alternative school fail to meet the outlined requirements, to notify the alternative education program or alternative school that it is not eligible for alternative status until the SBE determines that the alternative education program or school is in compliance.
4. Allows a governing board, alternative education program provider or alternative school to appeal ADE's determination to the SBE and remain eligible for alternative status until the appeal is concluded.
5. Specifies that an alternative education program or alternative school may deliver the annual required instructional hours to students any day of the week, consistent with the calendar that the alternative education program or alternative school submits to ADE.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Determines that ADE and the SBE may not require recertification or application to continue providing an alternative education program or alternative school more than once in a five-year period.
2. Allows ADE or SBE to require that at least 70 percent of the students who are enrolled in an alternative education program or alternative school are students in grades 6 through 12 who are unable to profit from the regular school course of study and environment.
3. Requires ADE to notify an alternative education program or alternative school that it is not eligible for alternative status until the SBE determines that the program or school is in compliance.
4. Allows a governing board, alternative education program provider or alternative school to appeal ADE's finding to the SBE and remain eligible for alternative status until the appeal is concluded.
5. Specifies that an alternative education program or alternative school may deliver the annual required instructional hours to students any day of the week, consistent with the calendar that the alternative education program or alternative school submits to ADE.
Senate Action
ED 1/28/26 DPA 4-3-0
Prepared by Senate Research
January 29, 2026
MH/KP/hk