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House Engrossed |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2382 |
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AN ACT
amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-248.02; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-248.02, to read:
15‑248.02. Students who are not citizens; data collection; annual report; withholding state aid; violation; classification
A. The department of education shall collect and compile from school districts, and school districts shall collect and compile from the parents or legal guardians of all students enrolled in a public school, data concerning students who are enrolled in a public school and who cannot prove lawful presence in the United States. The data shall be in sufficient volume and specificity to support a meaningful and well structured report.
B. On or before December 15 of each year, the department of education shall submit a report that summarizes the data collected on a district by district basis pursuant to this section to the governor, the state treasurer, the speaker of the house of representatives and the president of the senate and shall provide a copy of this report to the secretary of state. The report shall not include any personally identifiable student information. The report shall include at least the following information and include detailed support on a school by school basis for any summarized information presented in the report:
1. The number of students whose parents were unable to prove their student's lawful presence in the United States.
2. The number of students whose parents were unable to prove their student's lawful presence in the United States and who were not enrolled previously in any school district in this state.
3. The number of students whose parents were unable to prove their student's lawful presence in the United States and who were enrolled previously in a school district in this state but are no longer enrolled for reasons other than normal graduation.
4. Based on the average student per teacher ratio in the school district, the number of teachers that were employed to provide educational services to students whose parents were unable to prove their student's lawful presence in the United States.
5. Based on the average classroom teacher salary for the school district, the amount of money spent in the classroom on teachers' salaries for students whose parents were unable to prove their student's lawful presence in the United States.
6. Based on the average operating and maintenance overhead per student in the school district, the amount of money spent for operations and maintenance for students whose parents were unable to prove their student's lawful presence in the United States.
7. Based on the average salary for support and administrative staff outside the classroom, the amount of money spent for students whose parents were unable to prove their student's lawful presence in the United States.
8. A verifiable, good faith estimate of the total cost to the taxpayers of this state for providing educational services to noncitizen students generally and the total cost to the taxpayers of this state for providing educational services to students whose parents were unable to prove the student's lawful presence in the United States.
C. The superintendent of public instruction shall withhold a school district's apportionment of state aid if a school district does not comply with the requirements of this section in a complete and timely manner.
D. The superintendent of public instruction shall withhold the salary or bonus, or both, of any employee of this state or of any school district of this state who fails to timely comply with this section.
E. A person who intentionally provides a fraudulent report, or who provides fraudulent underlying data for that report, is guilty of a class 1 misdemeanor.