Bill Text: AZ HB2190 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Common core; replacement
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2015-03-30 - Senate Committee of the Whole action: Failed To Pass, voting: (13-16-1-0) [HB2190 Detail]
Download: Arizona-2015-HB2190-Introduced.html
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REFERENCE TITLE: schools; common core; replacement |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2190 |
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Introduced by Representatives Finchem, Barton, Lawrence: Campbell
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AN ACT
Amending Title 15, chapter 7, article 1, Arizona Revised Statutes, by adding sections 15-701.02, 15-701.03, 15-701.04 and 15-701.05; relating to school curricula.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 7, article 1, Arizona Revised Statutes, is amended by adding sections 15-701.02, 15-701.03, 15-701.04 and 15-701.05, to read:
15-701.02. Public school academic content standards and assessments; notice; public meetings; adoption; student and teacher information privacy
A. Notwithstanding any other law, the state board of education may not adopt and the department of education may not implement the common core standards, this state's college and career ready standards or any other standards or assessments that are aligned with standards or assessments proposed by the partnership for assessment of readiness for college and careers. Any actions that were previously taken to adopt or implement standards or assessments that conflict with this section are void on the effective date of this section.
B. The state board of education is the sole authority for adopting academic content standards for this state's public schools and shall adopt academic content standards of the state board's choosing. An official of this state, whether appointed or elected, may not join any consortium, association or other entity on behalf of this state or a state agency if the membership would require this state to cede any measure of control over education, including academic content standards and assessments of those standards.
C. The state board of education shall provide public notice of any proposed adoption or revision of academic content standards on the department of education's website. The state board of education shall request comments on the proposed changes from the general public, including parents, teachers, experts on academic content standards and representatives of political organizations, educational organizations, faith-based organizations and nonpartisan policy organizations.
D. The state board of education may not adopt or revise any statewide academic content standards until the state board of education holds a public meeting in each congressional district in this state. The state board of education shall post notice of each public meeting on the department of education's website and in a newspaper of general circulation in the respective congressional district.
E. A school district, school or charter school is not required to use any statewide academic standards adopted by the state board of education as a condition for approval to operate or for receiving state monies.
F. Notwithstanding any other law, the superintendent of public instruction, the state board of education, the department of education and any other state entity that deals with education may not do any of the following:
1. Spend any monies on construction, enhancement or expansion of any statewide longitudinal data system designed to track students or compile personally identifiable student information, unless the expenditure is necessary for basic administrative purposes, for academic evaluation of programs and student progress or for compliance with this section.
2. Share any personally identifiable information of students or teachers with any entity outside this state, except as provided in this section. This paragraph does not apply to virtual file storage, online file storage or hard drive file storage that is hosted by third parties outside of this state.
3. Share any personally identifiable information of students or teachers with any entity that intends to use that information to develop commercial products or services or that intends to transfer the information to any other entity for use in developing commercial products or services.
4. Share any personally identifiable information of students or teachers with any entity within this state, unless that entity is an educational agency or an institution that this state expressly prohibits, in writing, from doing both of the following:
(a) Using the information to develop commercial products or services or transferring the information to any other entity to develop commercial products or services.
(b) Using the transfer of information for economic or workforce development planning.
5. Share any personally identifiable information of students or teachers with the United States department of education, unless all of the following apply:
(a) The sharing of information is required as a condition of receiving a federal education grant.
(b) The United States department of education agrees, in writing, to all of the following:
(i) To use the information only to evaluate the program or programs funded by the grant.
(ii) To not use the information for any research except as related to the evaluation of the program or programs funded by the grant, unless the teacher or the parent or guardian of any student whose information will be used for the research affirmatively consents to that use in writing.
(iii) To not share the information with any other governmental or private entity, unless the teacher or the parent or guardian of any student whose information will be shared affirmatively consents to that sharing in writing.
(iv) To destroy the information on completion of the evaluation of the program or programs funded by the grant.
(c) The grant or program for which the information is required is authorized by federal law.
G. If the United States department of education requires as a condition of a federal education grant that the grant recipient provide personally identifiable information of students or teachers in a way that does not comply with this section, the grant recipient shall notify the teacher or the parent or guardian of any student whose information is required of all of the following:
1. That the grant recipient has been required to turn over the teacher's or student's information to the United States department of education.
2. That neither the grant recipient nor any other entity or official within this state will have control of the use or further sharing of that information.
3. The contact information, including the telephone number and e-mail address, of the United States department of education official who is seeking the information.
15-701.03. Subject matter standards; statewide student assessments; adoption and transition; definition
A. Beginning with the 2015‑2016 school year, the state board of education shall adopt areas of subject matter standards that are subject to legislative review and approval pursuant to section 15‑701.04. The subject matter standards shall be implemented statewide by every public school in this state. Any revisions adopted by the state board of education are subject to legislative review and approval pursuant to section 15‑701.04.
B. In addition to the requirements prescribed in subsection A of this section, on or before August 1, 2017, the state board of education, in consultation with the Arizona board of regents, shall adopt subject matter standards for English language arts, American history and mathematics that are college and career ready and that will replace the previous standards. To be considered college and career ready, the standards shall be evaluated by the department of education and the Arizona board of regents and address the goals of reducing the need for remedial coursework at the postsecondary level and increasing the successful completion of postsecondary education. The subject matter standards and corresponding statewide student assessments for English language arts, American history and mathematics shall be approved and controlled solely by this state through the state board of education.
C. On the effective date of this section, the state board of education shall begin the process of adopting the English language arts, American history and mathematics standards and shall provide reasonable opportunity, consistent with best practices, for public comment on the revision of the standards, including comments from students, parents, educators, organizations representing students with disabilities and English language learners, higher education representatives, career technology education representatives, subject matter experts, community-based organizations, native American tribal representatives and business community representatives.
D. Until the statewide student assessments for English language arts, American history and mathematics are implemented, the state board of education shall implement the standards for English language arts, American history and mathematics that were in place on May 31, 2010.
E. On the effective date of this section, the state board of education shall seek certification from the Arizona board of regents that the subject matter standards for English language arts, American history and mathematics that were in place on May 31, 2010 are college and career ready as defined in the federal elementary and secondary education act flexibility document issued by the United States department of education and referenced in option B of principle 1: College and career-ready expectations for all students. The Arizona board of regents shall provide to the state board of education a detailed description of the certification process and results, including a list of deficiencies if the Arizona board of regents concludes that the standards are not college and career ready. The state board of education shall post on the department of education's website all documents, materials, reports, descriptions and correspondence produced or used by the Arizona board of Regents in the certification process.
F. On or before the 2018-2019 school year, the state board of education, in consultation with Arizona board of regents, shall direct the process of developing annual high-quality statewide student assessments for English language arts, American history and mathematics that align with the college and career ready subject matter standards adopted pursuant to this section.
G. The statewide student assessments for English language arts, American history and mathematics shall continue to assess standards and objectives found in the subject matter standards for English language arts, American history and mathematics that were in place on May 31, 2010 and shall continue to align to the standards and objectives found in those subject matter standards until the replacement assessments are implemented.
H. The state board of education may not enter into any agreement, memorandum of understanding or contract with any federal agency or private entity that in any way cedes or limits state discretion or control over the process of developing, adopting or revising subject matter standards and corresponding statewide student assessments in the public school system, including agreements, memoranda of understanding and contracts in exchange for funding for public schools and programs. If the state board of education is a party to such an agreement, memorandum of understanding or contract on the effective date of this section, the state board of education shall initiate necessary efforts to amend the agreement, memorandum of understanding or contract to comply with the requirements of this subsection.
I. This section does not prohibit the state board of education from seeking and being granted a waiver from federal law if the conditions for the waiver do not require this state to cede or limit its discretion or control over the process of developing, adopting or revising subject matter standards and corresponding statewide student assessments.
J. The department of education may participate in a multistate or multigovernmental cooperative but may not bind this state, contractually or otherwise, to the authority of any other state, organization or entity that supersedes the authority of the state board of education.
K. The content of all subject matter standards and corresponding statewide student assessments shall be solely approved and controlled by this state through the state board of education. The state board of education shall maintain independence of all subject matter standards and corresponding statewide student assessments and may not relinquish authority over the standards and assessments. This subsection does not prohibit benchmarking the state subject matter standards and corresponding statewide student assessments with those of other states or nations to allow comparison of this state's subject matter standards and corresponding statewide student assessments with those of other states and nations.
L. School districts and charter schools shall exclusively determine the instruction, curriculum, reading lists and instructional materials and textbooks, subject to any applicable provisions or requirements as set forth in law, to be used in meeting the subject matter standards. School districts and charter schools may adopt supplementary student assessments that are in addition to the statewide student assessments.
M. On the adoption of English language arts, American history and mathematics subject matter standards pursuant to this section, the state board of education shall compare the English language arts, American history and mathematics standards with those that were adopted by the state board of education before the implementation of the requirements of this section. The state board of education shall consider public comments, the use of best practices, evidence and research in the evaluation of both sets of standards. The state board of education shall compare the standards in the areas of:
1. Effective preparation for active citizenship and postsecondary education or the workforce.
2. Subject matter content.
3. Sequencing of subject matter content and relationship to measurement of student performance and the application of subject matter standards.
4. Developmental appropriateness of grade-level expectations, academic content and instructional rigor.
5. Clarity for educators and parents.
6. Exemplars tied to the standards.
7. Measurability of student proficiency in the subject matter.
8. Pedagogy.
9. Development of critical thinking skills.
10. Demonstration of application of acquired knowledge and skills.
N. On completion of the comparison of the English language arts, American history and mathematics subject matter standards required by subsection M of this section, the state board of education shall submit to the governor, the speaker of the house of representatives, the president of the senate, the minority leader of the house of representatives and the minority leader of the senate a report outlining the results of the comparison of the standards.
O. All subject matter standards and corresponding statewide student assessments adopted by the state board of education shall be carefully circumscribed to reflect direct application to subject matter proficiency and may not include standards or assessment questions that are designed to collect or measure noncognitive, emotional or psychological characteristics, attributes or skills of students.
P. The state board of education Shall amend or repeal any rule that conflicts with the requirements of this section as necessary to comply with this section.
Q. For the purposes of this section, "English language arts" means instruction in sentence structure, grammar and spelling.
15-701.04. Subject matter standards; legislative review and approval
A. All subject matter standards and revisions to the standards adopted by the state board of education are subject to legislative review as set forth in this section. The standards may not be implemented by the state board of education until the legislative review process is completed as provided in this section.
B. On adoption of any subject matter standards, the state board of education shall submit the adopted standards to the speaker of the house of representatives and the president of the senate at least thirty days before the opening day of the next regular session of the legislature, or at least thirty days before the opening day of a special session of the legislature if a special session is needed in order to give the state board of education additional time to adopt the standards.
C. The legislature shall adopt legislation to approve the standards, disapprove the standards in whole or in part, amend the standards in whole or in part or disapprove the standards in whole or in part with corresponding instructions to the state board of education. If the legislation is vetoed by the governor and the legislature does not override the veto, the standards are deemed approved. If the legislature fails to adopt legislation pursuant to this section within thirty days following the opening of that regular session of the legislature, the standards are deemed approved.
D. If the subject matter standards are disapproved in whole by the legislature or are disapproved in whole with instructions as provided for in subsection C of this section, the state board of education may adopt new standards and submit the new standards for legislative review pursuant to this section. The state board of education shall continue to implement current standards in place until the new standards have been reviewed by the legislature and approved as provided for in this section. If the subject matter standards are amended by the legislature, disapproved in part or disapproved in part with instructions, the state board of education may revise the standards in accordance with the legislative changes and shall implement the revised standards.
E. Unless otherwise provided by specific vote of the legislature, legislation introduced for purposes of approving, disapproving, amending or disapproving with corresponding instructions any subject matter standards shall be limited to the provisions necessary for approving, disapproving, amending or disapproving with instructions any subject matter standards and any other direction or mandate regarding the standards deemed necessary by the legislature. The legislation may not contain any other provisions.
15-701.05. Student data; collection; retention; prohibitions
A. Data that measures the academic performance of a student may not be collected pursuant to this article unless the data is used specifically to evaluate whether the student has met the conditions for either promotion to the next grade level or graduation from high school.
B. Personally identifiable data that is collected pursuant to this article may not be transmitted to any public or private person or entity other than the school district governing board of the school or the governing body of the charter school where the student is enrolled. This subsection does not prohibit the transmission of data that does not contain personally identifiable information.
C. Data collected pursuant to this article that measures academic performance may not be manipulated or altered.
