Bill Text: AZ SB1084 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Adult education programs; revisions; appropriation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-22 - Senate read second time [SB1084 Detail]
Download: Arizona-2025-SB1084-Introduced.html
REFERENCE TITLE: adult education programs; revisions; appropriation |
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1084 |
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Introduced by Senator Dunn
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An Act
amending sections 15-217.01, 15-217.02 and 15-217.03, Arizona Revised Statutes; repealing Laws 2024, chapter 218, sections 2 and 4; appropriating monies; relating to the state board of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-217.01, Arizona Revised Statutes, is amended to read:
15-217.01. Continuing high school and workforce training program; service providers; program schools; requirements; exemptions; reporting; enrollment limits; rules
A. The state board of education shall establish a continuing high school and workforce training program that provides adult learners with alternative study services and that leads to the issuance of a high school diploma and industry-recognized credentials. The department of education shall administer the program. The state board of education shall authorize eligible service providers to participate in the continuing high school and workforce training program and to establish a program school in partnership with a school district or nonprofit charter school.
B. To be eligible to participate in the continuing high school and workforce training program, a service provider must meet both of the following:
1. Be a nonprofit corporation that is qualified as tax-exempt pursuant to section 501(c)(3) of the internal revenue code or be an adult education provider that is approved by the division of adult education within the department of education.
2. Demonstrate at least a ten-year history of providing workforce training and career services in this state to persons who are at least eighteen years of age and whose educational and training opportunities have been limited by educational disadvantages, disabilities or other barriers to education, such as lack of reliable and affordable transportation, lack of child care or food insecurity.
C. A high school diploma may be issued pursuant to this section only to an adult learner who meets all the graduation requirements of section 15-701.01 and the state board of education.
D. A program school shall meet all applicable legal requirements prescribed in this title for a public school, including requirements for student assessments and special education services and prohibitions against admission limits based on ethnicity, national origin, gender, income level, disabling condition, English language proficiency or athletic ability unless one of the following applies:
1. Program schools established under this section are expressly exempt from the legal requirement.
2. The state board of education determines that the legal requirement is not feasible.
3. The state board of education determines that the legal requirement is not applicable to the education of adult learners.
E. The following provisions of this title do not apply to program schools established under this section:
1. The English language proficiency assessment requirements under sections 15-756 and 15-756.05.
2. The residency record requirement under section 15-802.
3. The withdrawal form requirements under section 15-827 for any adult learner who has not attended another school in this state during the two years immediately preceding the adult learner's enrollment in the program school.
4. The school records requirements under section 15-828.
5. The letter grades assigned under section 15-241.
F. Each program school shall:
1. Exercise the program school's best effort to obtain confirmation of each adult learner's withdrawal from another school in this state, including requesting a student transcript or receiving verbal confirmation from an official of the school from which the adult learner withdrew.
2. Require an adult learner who enrolls in the program school to provide both:
(a) Verifiable documentation of the adult learner's residency in this state.
(b) Reliable proof of the adult learner's age, which may include an identification record issued by a state, federal or tribal government or a military identification card.
3. Administer an English language proficiency assessment that is accepted by universities or community colleges in this state.
G. Notwithstanding any other law, the department of education shall distribute monies to an approved program school as follows:
1. The program school shall receive $7,700 per full-time student enrolled in the program school. Part-time students shall be funded in proportion to the number of enrolled courses or hours of instruction.
2. The program school is eligible to receive funding for any adult learner regardless of age.
3. The program school is not eligible for any other school finance formula funding for adult learners enrolled in the program school, including any of the following:
(a) Transportation funding pursuant to section 15-945.
(b) Arizona online instruction funding pursuant to section 15-808.
(c) Base support level funding pursuant to section 15-943.
(d) Additional assistance.
H. The department of education shall develop application procedures for the continuing high school and workforce training program. The service provider shall submit the application on behalf of the program school. An application submitted pursuant to this section must include all of the following:
1. A description of the service provider's partnership with a school district or nonprofit charter school.
2. A description of the program school's administrative structure, program activities, program staff, budget and specific curriculum that is aligned with the state academic standards.
3. The program school's academic calendar and a schedule describing the program school's length of school day, program sequence, multidisciplinary courses, pace and instructional activities, or any combination of these items.
4. Confirmation of the program school's location and a description of the program school's facility, including all of the following:
(a) Accessibility.
(b) Available classroom space.
(c) Child care space.
(d) Health and safety requirements.
5. A description of specific academic, behavioral and emotional support services the service provider will offer to adult learners who enroll in the program school.
6. A description of the adult learner and family supports that the program school will provide at no cost to adult learners, including all of the following:
(a) On-site child care for dependents of enrolled adult learners while the adult learner is on-site.
(b) Local transportation assistance for adult learners with a verifiable need.
(c) Career and higher education counseling.
(d) Job placement assistance.
7. A description of the available counseling services that assist adult learners in overcoming barriers to educational success, including any of the following:
(a) Educational disadvantages.
(b) Homelessness.
(c) Criminal history.
(d) Disabling conditions.
8. A description of the career technical education instruction the program school will provide. Career technical education instruction and courses must lead to industry-recognized credentials or result in an adult learner earning course credits from a university or community college. A service provider may partner with a community college district or career technical education district to provide career technical education instruction.
9. A description of specific program outcomes, goals and metrics the program school will use to determine adult learner success.
10. The projected number of adult learners the program school will enroll.
I. The state board of education, in consultation with the department of education, shall evaluate applications submitted for the continuing high school and workforce training program and approve program schools that demonstrate, through evidence or other documentation, the ability to provide adult learners with the instruction and support that lead to a high school diploma and one or more industry-recognized credentials. The following apply to approval of a program school's participation in the continuing high school and workforce training program:
1. Initial approval shall be for a period of not more than two school years.
2. Renewal of approval shall be for a period of not more than four school years and is contingent on specific performance expectations, including student progression, graduation rates and earning of industry-recognized credentials.
3. If an approved service provider fails to meet any requirements of this section or any rules adopted by the state board, the state board shall immediately initiate a process to bring the program school into compliance or to revoke the program school's authorization to participate in the continuing high school and workforce training program.
J. An approved program school participating in the continuing high school and workforce training program shall annually report the following information to the department of education:
1. The number of adult learners enrolled in the program school.
2. The graduation rate of adult learners enrolled in the program school.
3. The average progress of adult learners toward meeting graduation requirements.
4. The number and type of industry-recognized credentials earned by adult learners enrolled in the program school.
5. The number of adult learners who have newly acquired proficiency in the English language, as demonstrated by an assessment administered pursuant to subsection F, paragraph 3 of this section.
6. A descriptive summary of the academic, behavioral and emotional support services the service provider offers to adult learners in the program school.
7. The information required by the performance measures adopted by the state board of education pursuant to section 15-217.
K. On or before October 30, 2025 and on or before October 30 of each year thereafter, each program school shall submit a report regarding the continuing high school and workforce training program to the department of education.
L. On or before December 15, 2025 and on or before December 15 of each year thereafter, the department of education shall submit an annual report evaluating the effectiveness of the continuing high school and workforce training program to the governor, the president of the senate, the speaker of the house of representatives and the state board of education. The department shall provide a copy of the report to the secretary of state.
M. The state board of education may approve program schools with a total projected full-time enrollment of:
1. In fiscal year 2022-2023, not more than six hundred.
2. In fiscal year 2023-2024, not more than one thousand.
3. In fiscal year 2024-2025 and each fiscal year thereafter, not more than one thousand four hundred seven hundred eighty.
N. If the total full-time enrollment requested by approved program schools is greater than the amounts prescribed in subsection M of this section, the state board of education may direct the department of education to prioritize funding distribution to program schools demonstrating the highest performance. New program schools shall be prioritized based on the services and supports for adult learners as outlined in their applications.
O. A program school may not either:
1. Conduct advertising or marketing campaigns directed at students who are currently enrolled in a school district or charter school, or undertake any other activity that encourages students who are currently enrolled in a school district or charter school to stop attending school in order to enroll in a program school.
2. Enroll a student who was enrolled in a school district or charter school within the preceding thirty days.
P. The state board of education may adopt rules to carry out the purposes of this section.
Q. The department of education shall provide adequate staff support for the state board of education to comply with this section.
Sec. 2. Section 15-217.02, Arizona Revised Statutes, is amended to read:
15-217.02. Adult workforce diploma program; fund; program providers; requirements; annual reports; definitions
A. The adult workforce diploma program is established within the state board of education to assist a person who is at least twenty-one years of age in earning a high school diploma and developing critical employability and career and technical skills to prepare the person for employment. The department of education shall administer the program. The program may be delivered in a campus-based, online or blended modality.
B. The adult workforce diploma program fund is established consisting of legislative appropriations, gifts, grants and other donations. The department of education shall administer the fund. The department of education shall use monies in the fund to pay approved program providers as prescribed in subsection E of this section. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. On or before August 15 of each year, to be approved to participate in the program, an eligible program provider shall submit to the state board of education on a form that is developed by the board information showing that the eligible program provider meets all of the following requirements:
1. Is operating a regionally accredited high school diploma-granting entity.
2. Has the ability is able to develop a learning plan for each student that integrates graduation requirements and career goals.
3. Provides a course catalog that includes all courses that are necessary to meet graduation requirements.
4. Has the ability Is able to provide all of the following:
(a) Remediation opportunities in literacy and numeracy.
(b) Career pathways coursework.
(c) Preparation for industry-recognized credentials and stackable credentials.
(d) Career placement services.
(e) Academic skills intake assessments and transcript evaluations.
D. On or before October 15 of each year, the state board of education, in consultation with the department of education, shall place all qualified program providers that submit the form pursuant to subsection C of this section on an approved program providers list. Approved program providers shall begin enrolling students on or before November 15 of each year. Approved program providers maintain approval status unless the approved program provider is removed from the approved program providers list pursuant to subsection J of this section.
E. The department of education shall pay approved program providers the following amounts for each student who completes the following milestones:
1. $250 for each completed half unit of high school credit.
2. $250 for each completed employability skills certification.
3. $250 for each earned industry-recognized credential or stackable credential that requires not more than fifty hours of training.
4. $500 for each earned industry-recognized credential or stackable credential that requires at least more than fifty hours but not more than one hundred hours of training.
5. $750 for each earned industry-recognized credential or stackable credential that requires more than one hundred hours of training.
6. $1,000 for each earned high school diploma.
F. Approved program providers shall submit monthly invoices to the department of education not later than the tenth calendar day of each month for milestones met in the previous calendar month. Approved program providers shall report the number of currently enrolled students for whom invoices have been submitted and the number of currently enrolled students for whom invoices have not been submitted in the monthly invoices submitted pursuant to this subsection. The department of education shall pay approved program providers in the order in which invoices are submitted until all available monies are exhausted. The department of education shall provide a written update to the approved program providers on or before the last calendar day of each month, including that includes all of the following:
1. The aggregate total dollars that have been paid to approved program providers to date. and
2. The aggregate number of currently enrolled students in this state for whom an invoice has been submitted.
3. The aggregate number of currently enrolled students in this state for whom an invoice has not been submitted.
4. The estimated number of enrollments still available for the program year.
G. On or before October 30 of each year, each approved program provider shall report the following to the department of education:
1. The total number of students who were funded through the program.
2. The total number of earned credits.
3. The total number of earned industry-recognized credentials or stackable credentials earned for each tier of funding.
4. The total number of students who graduated through the program.
5. The information required by the performance measures adopted by the state board of education pursuant to section 15-217.
H. The department of education shall compile the reports received from each approved program provider under subsection G of this section and, on or before December 15 of each year, shall provide an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education and provide a copy of this report to the secretary of state.
I. Beginning with the end of the second fiscal year of the program, the state board of education, in cooperation with the department of education, shall review data from each approved program provider to ensure that each approved program provider is achieving minimum program performance standards, including:
1. A graduation rate of at least fifty percent.
2. An average cost per graduate of $7,000 or less.
J. The state board of education, in cooperation with the department of education, may develop a process to bring an approved program provider into compliance. The state board of education shall revoke an approved program provider's authorization to participate in the program if the approved program provider does not comply with the requirements of this section within two years.
K. The department of education shall provide adequate staff support for the state board of education to comply with this section.
L. For the purposes of this section:
1. "Academic skills intake assessment" means a criterion-referenced assessment of numeracy and literacy skills with high reliability and validity that is determined by third-party research and that may be administered in person or online.
2. "Accredited provider" means an entity that is currently accredited by one of the seven regional accreditation organizations or any successor entity.
3. "Approved program provider" means a public, nonprofit or other entity that meets the requirements of this section and that does not receive federal or state funding or private tuition for a student who is funded through the program.
4. "Average cost per graduate" means the total program funding dispersed disbursed to an approved program provider divided by the total number of graduates for a cohort calculated twelve months after the close of the cohort.
5. "Career pathways coursework" means one or more courses that align with the skill needs of industries in the economy of this state or region and that assist students to enter or advance within a specific occupation or occupational cluster.
6. "Career placement services" means services that are designed to assist students in obtaining employment, including career interest self-assessments, job search skills, résumé development and mock interviews.
7. "Cohort" means the students who enter the program between July 1 and June 30 of each program year.
8. "Employability skills certification" means a certificate earned by demonstrating professional nontechnical skills through assessment and must include the program standards of the United States department of labor's "skills to pay the bills: mastering soft skills for workplace success".
9. "Graduate" means a student who has successfully completed all state and approved program provider requirements to earn a high school diploma.
10. "Graduation rate" means the total number of graduates from a cohort divided by the total number of students from the same cohort calculated twelve months after the close of the cohort.
11. "Graduation requirements" means course and credit requirements needed to earn a high school diploma from an approved program provider.
12. "High school diploma" means a diploma that is issued by an accredited provider and that is recognized as a secondary school diploma by this state.
13. "Industry-recognized credential" means an education-related or work-related credential that verifies an individual's qualification or competence and that is issued by a third party with the relevant authority to issue the credential.
14. "Learning plan" means a documented plan that both:
(a) Is designed to prepare a student to succeed in the program and the student's future endeavors.
(b) Identifies the courses and credits that are needed for a student to complete the program and that are approved program provider graduation requirements.
15. "Milestones" means objective measures of progress for which payment is made to an approved program provider under this section, including earned units of high school credit, earned industry-recognized credentials and earned high school diplomas.
16. "Program" means the adult workforce diploma program.
17. "Stackable credential" means a third-party credential that is part of a sequence of credentials that can be accumulated over time to build up an individual's qualifications to advance along a career pathway.
18. "Student" means a participant in the program who is at least twenty-one years of age, who is a resident of this state and who has not earned a high school diploma.
19. "Transcript evaluation" means a documented summary of credits that were earned in previous public or private accredited high schools compared with program and approved program provider graduation requirements.
20. "Unit of high school credit" means a credit that is awarded based on a student's demonstration that the student has successfully met the content expectations for the credit area as defined by subject area standards, expectations or guidelines.
Sec. 3. Section 15-217.03, Arizona Revised Statutes, is amended to read:
15-217.03. Community college adult education workforce development program; fund; program schools; annual reports
A. The community college adult education workforce development program is established within the state board of education, to be administered by the department of education, to provide adult learners with preparation for and access to integrated education and training as defined in the workforce innovation and opportunity act (P.L. 113-128; 128 Stat. 1425; 29 United States Code section 3272) and additional study and support services, including both of the following:
1. Academic instruction that is aligned with adult education and literacy activities as defined in the workforce innovation and opportunity act, including instruction that leads to the issuance of a high school diploma or high school equivalency diploma.
2. An industry-recognized credential, community college certificate or community college degree.
B. To be eligible to participate in the program, the program applicant must be a community college district that is established pursuant to section 15-1402, that provides high school diplomas or high school equivalency diplomas and that provides adult education and literacy activities that prepare adult learners for, or provide adult learners with access to, integrated education and training models, including workforce training, that leads to industry-recognized credentials, or workforce or degree programs, including or workforce programs that are accredited by a regional accrediting body that is recognized by the United States department of education. The department of education and state board of education shall accept applications between July 1 and June 30 of each year and shall determine whether each program applicant meets the requirements of this subsection not later than six weeks after receipt of a completed application. If a program applicant meets the requirements of this subsection, the department of education shall distribute monies to the program applicant as prescribed in subsection D of this section.
C. A program school may receive monies under subsection D of this section for each adult learner who is a student in the program if the adult learner meets all both of the following requirements:
1. Enrolls in a community college adult education program.
2. Participates in integrated education and training as defined in the workforce innovation and opportunity act, or its successor.
3. 2. Pursues academic skills development related to adult education and literacy activities as defined in the workforce innovation and opportunity act.
D. The community college adult education workforce development program fund is established consisting of legislative appropriations and any other monies. The department of education shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Notwithstanding any other law, a program school shall be funded as follows:
1. The program school may receive up to $3,000 $5,000 per full-time student in the program each fiscal year. Part-time students shall be funded in proportion to the number of enrolled courses or hours of instruction.
2. Each quarter, the department of education shall distribute fund monies to all program schools that meet the criteria prescribed in subsection B of this section in a proportional manner based on the number of adult learners each program school serves. The total amount distributed pursuant to this paragraph in any quarter may not exceed the sum of:
(a) One-fourth of the total amount that is allocated for program schools in the fiscal year.
(b) Unspent monies, if any, that were allocated for program schools in a previous quarter or quarters.
E. A program school shall use monies received under this section to supplement and not supplant current program offerings increase the program school's capacity to provide adult education and literacy activities that prepare adult learners for, or provide adult learners with access to, integrated education and training models that lead to industry-recognized training, industry-recognized credentials, a community college certificate or a community college degree. In addition to any monies received from the fund, a program school may accept and spend federal monies and private grants, gifts, contributions and devises to assist the program school in carrying out the purposes of this section. A program school shall use monies received under subsection D of this section for adult learners to participate in a high school diploma or high school equivalency diploma program that also offers an industry-recognized credential, a community college certificate or a community college degree. A portion of monies may be used for additional support services to ensure the success of adult learners in the program, including the following:
1. Transportation assistance for adult learners with a demonstrated need.
2. Child care services for dependents of adult learners while the adult learner is on-site.
3. College and career counseling.
4. Job placement assistance.
F. For each year that monies are appropriated by the legislature to the fund established by subsection D of this section, on or before October 30, each participating community college shall submit a report regarding the community college adult education workforce development program to the department of education. The department of education shall compile the reports received from each participating community college and, on or before December 15 of each year, shall provide an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education and shall provide a copy of this report to the secretary of state. Each report shall include, at a minimum, all of the following information for each participating community college for the preceding school year:
1. The number of adult learners enrolled in the program.
2. The completion rate of high school diplomas and high school equivalency diplomas earned by adult learners enrolled in the program.
3. The average progress of adult learners toward meeting completion criteria.
4. The number and type of industry-recognized credentials, community college certificates, community college degree credits and community college degrees earned by adult learners enrolled in the program.
5. A descriptive summary of the community college adult education workforce development program offered.
6. The number of adult learners who have newly acquired proficiency in the English language.
7. The information required by the performance measures adopted by the state board of education pursuant to section 15-217.
G. The state board of education, in cooperation with the department of education, may request information from any program applicant or program school for the purposes of determining program eligibility and funding distributions under this section.
H. The state board of education, in cooperation with the department of education, may develop a process to bring a program school into compliance or revoke the program school's authorization to participate in the program, at the discretion of the state board of education.
I. The department of education shall provide adequate staff support for the state board of education to comply with this section.
Sec. 4. Repeal
Laws 2024, chapter 218, sections 2 and 4 are repealed.
Sec. 5. Appropriations; department of education; adult education; exemption
A. The following amounts are appropriated from the state general fund in fiscal year 2025-2026 to the following recipients for adult education:
1. $6,000,000 to the department of education for the continuing high school and workforce training program established by section 15-217.01, Arizona Revised Statutes, as amended by this act.
2. $6,000,000 to the adult workforce diploma program fund established by section 15-217.02, subsection B, Arizona Revised Statutes.
3. $6,000,000 to the community college adult education workforce development program fund established by section 15-217.03, subsection D, Arizona Revised Statutes, as amended by this act.
B. The appropriation made in subsection A, paragraph 1 of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 6. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.