Bill Text: AZ SB1256 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Education; omnibus
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2011-04-28 - Governor Signed [SB1256 Detail]
Download: Arizona-2011-SB1256-Engrossed.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1256 |
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AN ACT
AMENDING sections 15‑533, 15‑761, 15‑802 and 15-821, Arizona Revised Statutes; amending Section 15-861, Arizona Revised Statutes, as amended by Laws 2010, chapter 318, section 11; amending sections 15‑901, 15‑1021 and 41‑611, Arizona Revised Statutes; relating to school districts and charter schools; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-533, Arizona Revised Statutes, is amended to read:
15-533. Reciprocity; proficiency examination
A. To qualify for either a basic or standard teaching certificate, or equivalent certificate later adopted by the state board of education, a person must pass each component of the proficiency examination developed and administered by the state board of education.� The proficiency examination shall consist of only a professional knowledge test and a subject knowledge test.� A person is not required to take the examination if the person has passed a proficiency examination adopted by a state agency in another state that is equivalent to the state board of education.� A person is not required to take the professional knowledge portion of the examination if the person has been a full‑time teacher for at least three years in that same area of certification in which the person is applying for certification in this state.� A person is not required to take the subject knowledge portion of the examination if the person has obtained a master's degree in that subject area at an accredited institution of higher education according to an official transcript issued from the institution.� A person who obtained structured English immersion training in another state that the state board of education determines is comparable to the structured English immersion training required in this state shall not be required to obtain additional structured English immersion training in this state.� The state board of education may grant a basic or standard teaching certificate for not to exceed one year to a teacher who is a nonresident and who has not met the requirement of this section at the time of application.
B. A person is not required to pass the proficiency examination or the equivalent examination more than once.� The state board of education may adopt rules to modify the requirements of subsection A for persons who have taught, obtained certification or obtained a master's degree in another country.� Notwithstanding any other law, a person who has not taught during the ten years immediately preceding the submission of the application for certification is required to repass the examination.
C. A person who is not required to pass the proficiency examination developed and administered in this state by the state board of education pursuant to subsection A or B shall only be granted reciprocity for those proficiency examinations required in this state that pertain to the grade levels and content areas that the person is certified to teach in another state.
Sec. 2. Section 15-761, Arizona Revised Statutes, is amended to read:
15-761. Definitions
In this article, unless the context otherwise requires:
1. "Autism" means a developmental disability that significantly affects verbal and nonverbal communication and social interaction and that adversely affects educational performance. Characteristics include irregularities and impairments in communication, engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines and unusual responses to sensory experiences.� Autism does not include children with characteristics of emotional disability as defined in this section.
2. "Child with a disability":
(a) Means a child who is at least three years but less than twenty‑two years of age, who has been evaluated pursuant to section 15‑766 and found to have at least one of the following disabilities and who, because of the disability, needs special education and related services:
(i) Autism.
(ii) Developmental delay.
(iii) Emotional disability.
(iv) Hearing impairment.
(v) Other health impairments.
(vi) Specific learning disability.
(vii) Mild, moderate or severe mental retardation.
(viii) Multiple disabilities.
(ix) Multiple disabilities with severe sensory impairment.
(x) Orthopedic impairment.
(xi) Preschool severe delay.
(xii) Speech/language impairment.
(xiii) Traumatic brain injury.
(xiv) Visual impairment.
(b) Does not include a child if the determinant factor for the classification is one or more of the following:
(i) A lack of appropriate instruction in reading, including essential components of reading instruction.
(ii) A lack of appropriate instruction in mathematics.
(iii) Difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively used.
3. "Developmental delay" means performance by a child who is at least three years of age but under ten years of age on a norm-referenced test that measures at least one and one‑half, but not more than three, standard deviations below the mean for children of the same chronological age in two or more of the following areas:
(a) Cognitive development.
(b) Physical development.
(c) Communication development.
(d) Social or emotional development.
(e) Adaptive development.
The results of the norm-referenced measure must be corroborated by information from a comprehensive development assessment and from parental input, if available, as measured by a judgment based assessment or survey.� If there is a discrepancy between the measures, the evaluation team shall determine eligibility based on a preponderance of the information presented.
4. "Due process hearing" means a fair and impartial administrative hearing conducted by the state educational agency by an impartial administrative law judge in accordance with federal and state law.
5. "Educational disadvantage" means a condition which that has limited a child's opportunity for educational experience resulting in a child achieving less than a normal level of learning development.
6. "Eligibility for special education" means the pupil must have one of the disabilities contained in paragraph 2 of this section and must also require special education services in order to benefit from an educational program.
7. "Emotional disability":
(a) Means a condition whereby a child exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects the child's performance in the educational environment:
(i) An inability to learn which that cannot be explained by intellectual, sensory or health factors.
(ii) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(iii) Inappropriate types of behavior or feelings under normal circumstances.
(iv) A general pervasive mood of unhappiness or depression.
(v) A tendency to develop physical symptoms or fears associated with personal or school problems.
(b) Includes children who are schizophrenic but does not include children who are socially maladjusted unless they are also determined to have an emotional disability as determined by evaluation as provided in section 15‑766.
8. "Hearing impairment" means a loss of hearing acuity, as determined by evaluation pursuant to section 15‑766, which that interferes with the child's performance in the educational environment and requires the provision of special education and related services.
9. "Home school district" means the school district in which the person resides who has legal custody of the child, as provided in section 15‑824, subsection B.� If the child is a ward of the state and a specific person does not have legal custody of the child or is a ward of this state and the child is enrolled in an accommodation school pursuant to section 15‑913, the home school district is the district that the child last attended or, if the child has not previously attended a public school in this state, the school district within which the child currently resides.
10. "Impartial administrative law judge" means an administrative law judge of the office of administrative hearings who is knowledgeable in the laws governing special education and administrative hearings.
11. "Individualized education program" means a written statement, as defined in 20 United States Code sections 1401 and 1412, for providing special education and related services to a child with a disability.
12. "Individualized education program team" means a team whose task is to develop an appropriate educational program for the child and has the same meaning prescribed in 20 United States Code section 1414.
13. "Mental retardation" means a significant impairment of general intellectual functioning that exists concurrently with deficits in adaptive behavior and that adversely affects the child's performance in the educational environment.
14. "Mild mental retardation" means performance on standard measures of intellectual and adaptive behavior between two and three standard deviations below the mean for children of the same age.
15. "Moderate mental retardation" means performance on standard measures of intellectual and adaptive behavior between three and four standard deviations below the mean for children of the same age.
16. "Multidisciplinary evaluation team" means a team of persons including individuals described as the individualized education program team and other qualified professionals who shall determine whether a child is eligible for special education.
17. "Multiple disabilities" means learning and developmental problems resulting from multiple disabilities as determined by evaluation pursuant to section 15‑766 that cannot be provided for adequately in a program designed to meet the needs of children with less complex disabilities.� Multiple disabilities include any of the following conditions that require the provision of special education and related services:
(a) Two or more of the following conditions:
(i) Hearing impairment.
(ii) Orthopedic impairment.
(iii) Moderate mental retardation.
(iv) Visual impairment.
(b) A child with a disability listed in subdivision (a) of this paragraph existing concurrently with a condition of mild mental retardation, emotional disability or specific learning disability.
18. "Multiple disabilities with severe sensory impairment" means multiple disabilities that include at least one of the following:
(a) Severe visual impairment or severe hearing impairment in combination with another severe disability.
(b) Severe visual impairment and severe hearing impairment.
19. "Orthopedic impairment" means one or more severe orthopedic impairments and includes those that are caused by congenital anomaly, disease and other causes, such as amputation or cerebral palsy, and that adversely affect a child's performance in the educational environment.
20. "Other health impairments" means limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, due to chronic or acute health problems which that adversely affect a pupil's educational performance.
21. "Out‑of‑home care" means the placement of a child with a disability outside of the home environment and includes twenty‑four hour residential care, group care or foster care on either a full‑time or part‑time basis.
22. "Parent" means:
(a) Either a natural or adoptive parent of a child.
(b) A guardian, but not this state if the child is a ward of this state.
(c) A person acting in the place of a natural or adoptive parent with whom the child lives or a person who is legally responsible for the child�s welfare.
(d) A surrogate parent.
(e) A foster parent to the extent permitted by state law.
23. "Preschool child" means a child who is at least three years of age but who has not reached the required age for kindergarten, subject to section 15‑771, subsection G.
24. "Preschool severe delay" means performance by a preschool child on a norm‑referenced test that measures more than three standard deviations below the mean for children of the same chronological age in one or more of the following areas:
(a) Cognitive development.
(b) Physical development.
(c) Communication development.
(d) Social or emotional development.
(e) Adaptive development.
The results of the norm‑referenced measure must be corroborated by information from a comprehensive developmental assessment and from parental input, if available, as measured by a judgment based assessment or survey.� If there is a discrepancy between the measures, the evaluation team shall determine eligibility based on a preponderance of the information presented.
25. "Prior written notice" means written prior notice that a public educational agency is required to send to parents whenever the public educational agency proposes or refuses to initiate or change the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education.
26. "Public educational agency" means a school district, a charter school, an accommodation school, a state supported institution or any other political subdivision of this state that is responsible for providing education to children with disabilities.
27. "Related services" means those supportive services, as defined in 20 United States Code section 1401, that are required to assist a child with a disability who is eligible to receive special education services in order for the child to benefit from special education.
28. "Residential special education placement" means the placement of a child with a disability in a public or private residential program, as provided in section 15‑765, subsection G, in order to provide necessary special education and related services as specified in the child's individualized education program.
29. "Severe mental retardation" means performance on standard measures of intellectual and adaptive behavior measures at least four standard deviations below the mean for children of the same age.
30. "Special education" means specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child.
31. "Special education referral" means a written request for an evaluation to determine whether a pupil is eligible for special education services that, for referrals not initiated by a parent, includes documentation of appropriate efforts to educate the pupil in the regular education program.
32. "Specially designed instruction" means adapting the content, methodology or delivery of instruction to address the unique needs of a child with a disability and to ensure that child's access to the general curriculum as identified in the academic standards adopted by the state board of education.
33. "Specific learning disability" has the same meaning as defined in 20 United States Code section 1401.
34. "Speech/language impairment":
(a) For a preschool child, means performance on a norm‑referenced language test that measures at least one and one-half standard deviations below the mean for children of the same chronological age or whose speech, out of context, is unintelligible to a listener who is unfamiliar with the child. Eligibility for a preschool child under this subdivision is appropriate only when a comprehensive developmental assessment and parental input indicate that the preschool child is not eligible for services under another preschool category or under the developmental delay category.� If there is a discrepancy between the measures, the EVALUATION team shall determine eligibility based on a preponderance of the information presented.
(b) For a child who has reached the required age for kindergarten, means a speech or language impairment as defined in 34 Code of Federal Regulations section 300.8.
35. "State educational agency" means the Arizona department of education.
36. "State placing agency" has the same meaning prescribed in section 15‑1181.
37. "Surrogate parent" means a person who has been appointed by the court or by the department of education pursuant to section 15‑763.01 in order to represent a child in decisions regarding special education.
38. "Traumatic brain injury":
(a) Means an acquired injury to the brain that is caused by an external physical force and that results in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance.
(b) Applies to open or closed head injuries resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing and speech.
(c) Does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.
39. "Visual impairment" has the same meaning prescribed in 34 Code of Federal Regulations section 300.8.
40. "Ward of the state" has the same meaning prescribed in 20 United States Code section 1401.
Sec. 3. Section 15-802, Arizona Revised Statutes, is amended to read:
15-802. School instruction; exceptions; violations; classification; definitions
A. Every child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private, charter or home school as defined in this section to provide instruction.
B. The parent or person who has custody shall do the following:
1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. If a child attends a school which that is operated on a year‑round basis, the child shall regularly attend during school sessions that total not less than one hundred seventy‑five eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.
2. If the child will attend a private school or home school, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a home school. The affidavit of intent shall include:
(a) The child's name.
(b) The child's date of birth.
(c) The current address of the school the child is attending.
(d) The names, telephone numbers and addresses of the persons who currently have custody of the child.
3. If the child will attend home school, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin home school instruction.
C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or home school and is not required thereafter unless the private school or the home school instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a private school or a home school. If the private school or home school instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.
D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following are is shown to the satisfaction of the school principal or the school principal's designee:
1. The child is in such physical or mental condition that instruction is inexpedient or impracticable.
2. The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education.
3. The child has presented reasons for nonattendance at a public school which that are satisfactory to the school principal or the school principal's designee. For the purposes of this paragraph, the principal's designee may be the school district governing board.
4. The child is over fourteen years of age and is employed, with the consent of the person who has custody of him, employed at some lawful wage earning occupation.
5. The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program which that meets the educational standards established and approved by the department of education.
6. The child was either:
(a) Suspended and not directed to participate in an alternative education program.
(b) Expelled from a public school as provided in article 3 of this chapter.
7. The child is enrolled in an education program provided by a state educational or other institution.
E. Unless otherwise exempted in this section or section 15‑803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a home school and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section is guilty of a class 3 misdemeanor.� A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a home school is guilty of a petty offense.
F. For the purposes of this section:
1. "Home school" means a school conducted primarily by the parent, guardian or other person who has custody of the child or instruction provided in the child's home.
2. "Private school" means a nonpublic institution, other than the child's home, where academic instruction is provided for at least the same number of days and hours each year as a public school.
Sec. 4. Section 15-821, Arizona Revised Statutes, is amended to read:
15-821. Admission of children; required age
A. Unless otherwise provided by article 1.1 of this chapter or by any other law, all schools shall admit children who are between the ages of six and twenty‑one years, who reside in the school district and who meet the requirements for enrollment in one of the grades or programs offered in the school.� A school may refuse to admit a child who has graduated from a high school with a recognized diploma.
B. If a preschool program for children with disabilities is maintained, a child is eligible for admission as prescribed in section 15‑771.
C. If a kindergarten program is maintained, a child is eligible for admission to kindergarten if the child is five years of age. A child is deemed five years of age if the child reaches the age of five before September 1 of the current school year. A child is eligible for admission to first grade if the child is six years of age. A child is deemed six years of age if the child reaches the age of six before September 1 of the current school year. If a child who has not reached the age of five before September 1 of the current school year is admitted to kindergarten and is then readmitted to repeats kindergarten in the following school year, a school district or charter school is not eligible to receive basic state aid on behalf of that child during the child's second year of kindergarten.� If a child who has not reached the age of five before September 1 of the current school year is admitted to kindergarten but does not remain enrolled a school district or charter school may receive a portion of basic state aid on behalf of that child in the subsequent year.� A school district or charter school may charge tuition for any child who is ineligible for basic state aid pursuant to this subsection. The governing board may admit children who have not reached the required age as prescribed by this subsection if it is determined to be in the best interest of the children. For children entering the first grade, such determination shall be based upon one or more consultations with the parent, parents, guardian or guardians, the children, the teacher and the school principal. Such children must reach the required age of five for kindergarten and six for first grade by January 1 of the current school year.
D. Notwithstanding any other law, a child who resides with a family member other than the child's parent while awaiting the outcome of a legal guardianship or custody proceeding is deemed to reside in the school district where that family member resides if the family member provides written documentary proof of one of the following:
1. The family member is attempting to obtain legal guardianship of the child in an unresolved and uncontested guardianship proceeding commenced in superior court. The family member shall provide documentation to the school district within thirty days of enrollment that the family member is attempting to obtain legal guardianship of the child. Upon obtaining legal guardianship, the family member shall provide documentation to the school district.
2. The family member is attempting to obtain custody of the child in an unresolved and uncontested child custody proceeding commenced in superior court. The family member shall provide documentation to the school district within thirty days of enrollment that the family member is attempting to obtain custody of the child. Upon obtaining custody, the family member shall provide documentation to the school district.
Sec. 5. Section 15-861, Arizona Revised Statutes, as amended by Laws 2010, chapter 318, section 11, is amended to read:
15-861. Four day school week and alternative kindergarten programs
A. A governing board, after at least two public hearings in the school district, may offer an educational program on the basis of a four day school week or an alternative kindergarten program on the basis of a three day school week, or both.
B. The instructional time in an educational program offered on the basis of a four day school week or in an alternative kindergarten program offered on the basis of a three day school week must be equal to the instructional time in an educational program or kindergarten program, as applicable, offered on the basis of a five day school week. Notwithstanding section 15‑901, subsection A, paragraph 5, for school districts which that offer an educational program on the basis of a four day school week in common schools or an alternative kindergarten program on the basis of a three day school week, or both, as provided in this section, the minimum number of minutes required for daily attendance shall be increased so that the number of minutes per day multiplied by the total number of school days per school year is at least equal to the number of minutes prescribed for that program or grade in section 15‑901, subsection A, paragraph 5, multiplied by one hundred seventy‑five eighty.
Sec. 6. Section 15‑901, Arizona Revised Statutes, is amended to read:
15-901. Definitions
A. In this title, unless the context otherwise requires:
1. "Average daily membership" means the total enrollment of fractional students and full‑time students, minus withdrawals, who are enrolled on September 15, November 15, January 15 and March 15, divided by four. Withdrawals include students formally withdrawn from schools and students absent for ten consecutive school days, except for excused absences identified by the department of education.� For the purposes of this section, school districts and charter schools shall report student absence data to the department of education at least once every sixty days in session. For computation purposes, the effective date of withdrawal shall be retroactive to the last day of actual attendance of the student or excused absence.
(a) "Fractional student" means:
(i) For common schools, a preschool child who is enrolled in a program for preschool children with disabilities of at least three hundred sixty minutes each week or a kindergarten student at least five years of age prior to January 1 of the school year and enrolled in a school kindergarten program that meets at least three hundred fifty‑six hours for a one hundred eighty day school year, or the instructional hours prescribed in this section.� Lunch periods and recess periods may not be included as part of the instructional hours unless the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented.� In computing the average daily membership, preschool children with disabilities and kindergarten students shall be counted as one‑half of a full‑time student. For common schools, a part‑time student is a student enrolled for less than the total time for a full‑time student as defined in this section. A part‑time common school student shall be counted as one‑fourth, one‑half or three‑fourths of a full‑time student if the student is enrolled in an instructional program that is at least one‑fourth, one‑half or three‑fourths of the time a full‑time student is enrolled as defined in subdivision (b) of this paragraph.
(ii) For high schools, a part‑time student who is enrolled in less than four subjects that count toward graduation as defined by the state board of education in a recognized high school.� The average daily membership of a part‑time high school student shall be 0.75 if the student is enrolled in an instructional program of three subjects that meet at least five hundred eighty forty hours for a one hundred eighty day school year, or the instructional hours prescribed in this section.� The average daily membership of a part‑time high school student shall be 0.5 if the student is enrolled in an instructional program of two subjects that meet at least three hundred sixty hours for a one hundred eighty day school year, or the instructional hours prescribed in this section. The average daily membership of a part‑time high school student shall be 0.25 if the student is enrolled in an instructional program of one subject that meets at least one hundred eighty hours for a one hundred eighty day school year, or the instructional hours prescribed in this section.
(b) "Full‑time student" means:
(i) For common schools, a student who is at least six years of age prior to January 1 of a school year, who has not graduated from the highest grade taught in the school district and who is regularly enrolled in a course of study required by the state board of education. First, second and third grade students, ungraded students at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities who are at least five, but under six, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least seven hundred twelve hours for a one hundred eighty day school year, or the instructional hours prescribed in this section.� Fourth, fifth and sixth grade students or ungraded students at least nine, but under twelve, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least eight hundred ninety hours for a one hundred eighty day school year, or the instructional hours prescribed in this section.� Seventh and eighth grade students or ungraded students at least twelve, but under fourteen, years of age by September 1 must be enrolled in an instructional program that meets for a In fiscal years 2005‑2006 through 2009‑2010, the program shall meet at least one thousand sixty‑eight hours.� In fiscal year 2010‑2011 and each fiscal year thereafter, the program shall meet at least one thousand hours.� Lunch periods and recess periods may not be included as part of the instructional hours unless the student is a child with a disability and the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented.
(ii) For high schools, except as provided in section 15‑105, a student not graduated from the highest grade taught in the school district, or an ungraded student at least fourteen years of age by September 1, and enrolled in at least an instructional program of four or more subjects that count toward graduation as defined by the state board of education, that meets for a total of at least seven hundred twenty hours for a one hundred eighty day school year, or the instructional hours prescribed in this section in a recognized high school. A full‑time student shall not be counted more than once for computation of average daily membership. The average daily membership of a full-time high school student shall be 1.0 if the student is enrolled in at least four subjects that meet at least seven hundred twenty hours for a one hundred eighty day school year, or the equivalent instructional hours prescribed in this section.
(iii) Except as otherwise provided by law, for a full‑time high school student who is concurrently enrolled in two school districts or two charter schools, the average daily membership shall not exceed 1.0.
(iv) Except as otherwise provided by law, for any student who is concurrently enrolled in a school district and a charter school, the average daily membership shall be apportioned between the school district and the charter school and shall not exceed 1.0.� The apportionment shall be based on the percentage of total time that the student is enrolled in or in attendance at the school district and the charter school.
(v) Except as otherwise provided by law, for any student who is concurrently enrolled, pursuant to section 15-808, in a school district and Arizona online instruction or a charter school and Arizona online instruction, the average daily membership shall be apportioned between the school district and Arizona online instruction or the charter school and Arizona online instruction and shall not exceed 1.0.� The apportionment shall be based on the percentage of total time that the student is enrolled in or in attendance at the school district and Arizona online instruction or the charter school and Arizona online instruction.
(vi) For homebound or hospitalized, a student receiving at least four hours of instruction per week.
2. "Budget year" means the fiscal year for which the school district is budgeting and which immediately follows the current year.
3. "Common school district" means a political subdivision of this state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and either:
(a) Grades one through eight.
(b) Grades one through nine pursuant to section 15‑447.01.
4. "Current year" means the fiscal year in which a school district is operating.
5. "Daily attendance" means:
(a) For common schools, days in which a pupil:
(i) Of a kindergarten program or ungraded, but not group B children with disabilities, and at least five, but under six, years of age by September 1 attends at least three‑quarters of the instructional time scheduled for the day.� If the total instruction time scheduled for the year is at least three hundred forty‑six hours but is less than six hundred ninety‑two hours such attendance shall be counted as one‑half day of attendance.� If the instructional time scheduled for the year is at least six hundred ninety‑two hours, "daily attendance" means days in which a pupil attends at least one‑half of the instructional time scheduled for the day. Such attendance shall be counted as one‑half day of attendance.
(ii) Of the first, second or third grades, ungraded and at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities and at least five, but under six, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day.
(iii) Of the fourth, fifth or sixth grades or ungraded and at least nine, but under twelve, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day, except as provided in section 15‑797.
(iv) Of the seventh or eighth grades or ungraded and at least twelve, but under fourteen, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day, except as provided in section 15‑797.
(b) For common schools, the attendance of a pupil at three‑quarters or less of the instructional time scheduled for the day shall be counted as follows, except as provided in section 15‑797 and except that attendance for a fractional student shall not exceed the pupil's fractional membership:
(i) If attendance for all pupils in the school is based on quarter days, the attendance of a pupil shall be counted as one‑fourth of a day's attendance for each one‑fourth of full‑time instructional time attended.
(ii) If attendance for all pupils in the school is based on half days, the attendance of at least three‑quarters of the instructional time scheduled for the day shall be counted as a full day's attendance and attendance at a minimum of one‑half but less than three‑quarters of the instructional time scheduled for the day equals one‑half day of attendance.
(c) For common schools, the attendance of a preschool child with disabilities shall be counted as one‑fourth day's attendance for each thirty‑six minutes of attendance not including lunch periods and recess periods, except as provided in paragraph 2 1, subdivision (a), item (i) of this subsection for children with disabilities up to a maximum of three hundred sixty minutes each week.
(d) For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil shall not be counted as a full day unless the pupil is actually and physically in attendance and enrolled in and carrying four subjects, each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty hours a year, or the equivalent, that count toward graduation in a recognized high school except as provided in section 15‑797 and subdivision (e) of this paragraph.� Attendance of a pupil carrying less than the load prescribed shall be prorated.
(e) For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil may be counted as one‑fourth of a day's attendance for each sixty minutes of instructional time in a subject that counts toward graduation, except that attendance for a pupil shall not exceed the pupil's full or fractional membership.
(f) For homebound or hospitalized, a full day of attendance may be counted for each day during a week in which the student receives at least four hours of instruction.
(g) For school districts which maintain school for an approved year‑round school year operation, attendance shall be based on a computation, as prescribed by the superintendent of public instruction, of the one hundred eighty days' equivalency or two hundred days' equivalency, as applicable, of instructional time as approved by the superintendent of public instruction during which each pupil is enrolled.
6. "Daily route mileage" means the sum of:
(a) The total number of miles driven daily by all buses of a school district while transporting eligible students from their residence to the school of attendance and from the school of attendance to their residence on scheduled routes approved by the superintendent of public instruction.
(b) The total number of miles driven daily on routes approved by the superintendent of public instruction for which a private party, a political subdivision or a common or a contract carrier is reimbursed for bringing an eligible student from the place of his residence to a school transportation pickup point or to the school of attendance and from the school transportation scheduled return point or from the school of attendance to his residence. Daily route mileage includes the total number of miles necessary to drive to transport eligible students from and to their residence as provided in this paragraph.
7. "District support level" means the base support level plus the transportation support level.
8. "Eligible students" means:
(a) Students who are transported by or for a school district and who qualify as full‑time students or fractional students, except students for whom transportation is paid by another school district or a county school superintendent, and:
(i) For common school students, whose place of actual residence within the school district is more than one mile from the school facility of attendance or students who are admitted pursuant to section 15‑816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one mile from the school facility of attendance.
(ii) For high school students, whose place of actual residence within the school district is more than one and one‑half miles from the school facility of attendance or students who are admitted pursuant to section 15‑816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one and one‑half miles from the school facility of attendance.
(b) Kindergarten students, for purposes of computing the number of eligible students under subdivision (a), item (i) of this paragraph, shall be counted as full‑time students, notwithstanding any other provision of law.
(c) Children with disabilities, as defined by section 15‑761, who are transported by or for the school district or who are admitted pursuant to chapter 8, article 1.1 of this title and who qualify as full‑time students or fractional students regardless of location or residence within the school district or children with disabilities whose transportation is required by the pupil's individualized education program.
(d) Students whose residence is outside the school district and who are transported within the school district on the same basis as students who reside in the school district.
9. "Enrolled" or "enrollment" means when a pupil is currently registered in the school district.
10. "GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce for the four quarters of the calendar year.
11. "High school district" means a political subdivision of this state offering instruction to students for grades nine through twelve or that portion of the budget of a common school district which is allocated to teaching high school subjects with permission of the state board of education.
12. "Revenue control limit" means the base revenue control limit plus the transportation revenue control limit.
13. "Student count" means average daily membership as prescribed in this subsection for the fiscal year prior to the current year, except that for the purpose of budget preparation student count means average daily membership as prescribed in this subsection for the current year.
14. "Submit electronically" means submitted in a format and in a manner prescribed by the department of education.
15. "Total bus mileage" means the total number of miles driven by all buses of a school district during the school year.
16. "Total students transported" means all eligible students transported from their place of residence to a school transportation pickup point or to the school of attendance and from the school of attendance or from the school transportation scheduled return point to their place of residence.
17. "Unified school district" means a political subdivision of the state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through twelve.
B. In this title, unless the context otherwise requires:
1. "Base" means the revenue level per student count specified by the legislature.
2. "Base level" means the following amounts plus the percentage increases to the base level as provided in sections 15‑902.02, 15‑918.04, 15‑919.04 and 15-952, except that if a school district or charter school is eligible for an increase in the base level as provided in two or more of these sections, the base level amount shall be calculated by compounding rather than adding the sum of one plus the percentage of the increase from those different sections:
(a) For fiscal year 2007‑2008, three thousand two hundred twenty‑six dollars eighty-eight cents.
(b) For fiscal year 2008-2009, three thousand two hundred ninety-one dollars forty-two cents.
(c) For fiscal years 2009‑2010 and 2010‑2011, three thousand two hundred sixty‑seven dollars seventy‑two cents.
3. "Base revenue control limit" means the base revenue control limit computed as provided in section 15‑944.
4. "Base support level" means the base support level as provided in section 15‑943.
5. "Certified teacher" means a person who is certified as a teacher pursuant to the rules adopted by the state board of education, who renders direct and personal services to school children in the form of instruction related to the school district's educational course of study and who is paid from the maintenance and operation section of the budget.
6. "DD" means programs for children with developmental delays who are at least three years of age but under ten years of age.� A preschool child who is categorized under this paragraph is not eligible to receive funding pursuant to section 15‑943, paragraph 2, subdivision (b).
7. "ED, MIMR, SLD, SLI and OHI" means programs for children with emotional disabilities, mild mental retardation, a specific learning disability, a speech/language impairment and other health impairments.� A preschool child who is categorized as SLI under this paragraph is not eligible to receive funding pursuant to section 15-943, paragraph 2, subdivision (b).
8. "ED‑P" means programs for children with emotional disabilities who are enrolled in private special education programs as prescribed in section 15‑765, subsection D, paragraph 1 or in an intensive school district program as provided in section 15‑765, subsection D, paragraph 2.
9. "ELL" means English learners who do not speak English or whose native language is not English, who are not currently able to perform ordinary classroom work in English and who are enrolled in an English language education program pursuant to sections 15‑751, 15‑752 and 15‑753.
10. "Full‑time equivalent certified teacher" or "FTE certified teacher" means for a certified teacher the following:
(a) If employed full time as defined in section 15‑501, 1.00.
(b) If employed less than full time, multiply 1.00 by the percentage of a full school day, or its equivalent, or a full class load, or its equivalent, for which the teacher is employed as determined by the governing board.
11. "Group A" means educational programs for career exploration, a specific learning disability, an emotional disability, mild mental retardation, remedial education, a speech/language impairment, developmental delay, homebound, bilingual, other health impairments and gifted pupils.
12. "Group B" means educational improvements for pupils in kindergarten programs and grades one through three, educational programs for autism, a hearing impairment, moderate mental retardation, multiple disabilities, multiple disabilities with severe sensory impairment, orthopedic impairments, preschool severe delay, severe mental retardation and emotional disabilities for school age pupils enrolled in private special education programs or in school district programs for children with severe disabilities or visual impairment and English learners enrolled in a program to promote English language proficiency pursuant to section 15‑752.
13. "HI" means programs for pupils with hearing impairment.
14. "Homebound" or "hospitalized" means a pupil who is capable of profiting from academic instruction but is unable to attend school due to illness, disease, accident or other health conditions, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for a period of not less than three school months or a pupil who is capable of profiting from academic instruction but is unable to attend school regularly due to chronic or acute health problems, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for intermittent periods of time totaling three school months during a school year. The medical certification shall state the general medical condition, such as illness, disease or chronic health condition, that is the reason that the pupil is unable to attend school. Homebound or hospitalized includes a student who is unable to attend school for a period of less than three months due to a pregnancy if a competent medical doctor, after an examination, certifies that the student is unable to attend regular classes due to risk to the pregnancy or to the student's health.
15. "K‑3" means kindergarten programs and grades one through three.
16. "MD‑R, A‑R and SMR‑R" means resource programs for pupils with multiple disabilities, autism and severe mental retardation.
17. "MD‑SC, A‑SC and SMR‑SC" means self‑contained programs for pupils with multiple disabilities, autism and severe mental retardation.
18. "MDSSI" means a program for pupils with multiple disabilities with severe sensory impairment.
19. "MOMR" means programs for pupils with moderate mental retardation.
20. "OI‑R" means a resource program for pupils with orthopedic impairments.
21. "OI‑SC" means a self‑contained program for pupils with orthopedic impairments.
22. "PSD" means preschool programs for children with disabilities as provided in section 15‑771.
23. "P‑SD" means programs for children who meet the definition of preschool severe delay as provided in section 15‑771.
24. "Qualifying tax rate" means the qualifying tax rate specified in section 15‑971 applied to the assessed valuation used for primary property taxes.
25. "Small isolated school district" means a school district which meets all of the following:
(a) Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.
(b) Contains no school which is fewer than thirty miles by the most reasonable route from another school, or, if road conditions and terrain make the driving slow or hazardous, fifteen miles from another school which teaches one or more of the same grades and is operated by another school district in this state.
(c) Is designated as a small isolated school district by the superintendent of public instruction.
26. "Small school district" means a school district which meets all of the following:
(a) Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.
(b) Contains at least one school which is fewer than thirty miles by the most reasonable route from another school which teaches one or more of the same grades and is operated by another school district in this state.
(c) Is designated as a small school district by the superintendent of public instruction.
27. "Transportation revenue control limit" means the transportation revenue control limit computed as prescribed in section 15‑946.
28. "Transportation support level" means the support level for pupil transportation operating expenses as provided in section 15‑945.
29. "VI" means programs for pupils with visual impairments.
30. "Voc. Ed." means career and technical education and vocational education programs, as defined in section 15‑781.
Sec. 7. Section 15‑1021, Arizona Revised Statutes, is amended to read:
15-1021. Limitation on bonded indebtedness; limitation on authorization and issuance of bonds
A. Until December 31, 1999, a school district may issue class A bonds for the purposes specified in this section and chapter 4, article 5 of this title to an amount in the aggregate, including the existing indebtedness, not exceeding fifteen per cent of the taxable property used for secondary property tax purposes, as determined pursuant to title 42, chapter 15, article 1, within a school district as ascertained by the last property tax assessment previous to issuing the bonds.
B. From and after December 31, 1998, a school district may issue class B bonds for the purposes specified in this section and chapter 4, article 5 of this title to an amount in the aggregate, including the existing class B indebtedness, not exceeding five per cent of the taxable property used for secondary property tax purposes, as determined pursuant to title 42, chapter 15, article 1, within a school district as ascertained by the last assessment of state and county taxes previous to issuing the bonds, or one thousand five hundred dollars per student average daily membership count pursuant to section 15-901, subsection A, paragraph 13, whichever amount is greater. A school district shall not issue class B bonds until the proceeds of any class A bonds issued by the school district have been obligated in contract. The total amount of class A and class B bonds issued by a school district shall not exceed the debt limitations prescribed in article IX, section 8, Constitution of Arizona.
C. Until December 31, 1999, a unified school district, as defined under article IX, section 8.1, Constitution of Arizona, may issue class A bonds for the purposes specified in this section and chapter 4, article 5 of this title to an amount in the aggregate, including the existing indebtedness, not exceeding thirty per cent of the taxable property used for secondary property tax purposes, as determined pursuant to title 42, chapter 15, article 1, within a unified school district as ascertained by the last property tax assessment previous to issuing the bonds.
D. From and after December 31, 1998, a unified school district, as defined under article IX, section 8.1, Constitution of Arizona, may issue class B bonds for the purposes specified in this section and chapter 4, article 5 of this title to an amount in the aggregate, including the existing class B indebtedness, not exceeding ten per cent of the taxable property used for secondary tax purposes, as determined pursuant to title 42, chapter 15, article 1, within a school district as ascertained by the last assessment of state and county taxes previous to issuing the bonds, or one thousand five hundred dollars per student average daily membership count pursuant to section 15‑901, subsection A, paragraph 13, whichever amount is greater. A unified school district shall not issue class B bonds until the proceeds of any class A bonds issued by the unified school district have been obligated in contract. The total amount of class A and class B bonds issued by a unified school district shall not exceed the debt limitations prescribed in article IX, section 8.1, Constitution of Arizona.
E. No bonds authorized to be issued by an election held after July 1, 1980 and before November 24, 2009 may be issued more than six years after the date of the election, except that class A bonds shall not be issued after December 31, 1999. No bonds authorized to be issued by an election held after November 24, 2009 may be issued more than ten years after the date of the election.
F. Except as provided in section 15‑491, subsection A, paragraph 3, bond proceeds shall not be expended for items whose useful life is less than the average life of the bonds issued, except that bond proceeds shall not be expended for items whose useful life is less than five years.
G. A joint technical education district shall not spend class B bond proceeds to construct or renovate a facility located on the campus of a school in a school district that participates in the joint district unless the facility is only used to provide career and technical education and is available to all pupils who live within the joint technical education district. If the facility is not owned by the joint technical education district, an intergovernmental agreement or a written contract shall be executed for ten years or the duration of the bonded indebtedness, whichever is greater. The intergovernmental agreement or written contract shall include provisions:
1. That preserve the usage of the facility renovated or constructed, or both, only for career and technology programs operated by the joint technical education district.
2. That include the process to be used by the participating district to compensate the joint technical education district in the event that the facility is no longer used only for career and technology education programs offered by the joint technical education district during the life of the bond.
H. A school district shall not authorize, issue or sell bonds pursuant to this section if the school district has any existing indebtedness from impact aid revenue bonds pursuant to chapter 16, article 8 of this title, except for bonds issued to refund any bonds issued by the governing board.
Sec. 8. Section 41-611, Arizona Revised Statutes, is amended to read:
41-611. Veterans' deferment of tuition payment, required books and materials; period; promissory note
A. On registration at a state supported community college, college or university, any person who is eligible for and has applied for benefits for education under the Montgomery GI bill (38 United States Code chapter 30 or 32; 10 United States Code chapter 1606) available to veterans of the united states armed forces under federal law may apply for a deferment of payment of tuition, fees and required books and materials for a period not to exceed one hundred twenty days. The community college, college or university shall defer payment for that period on receipt of a signed and acknowledged promissory note for the amount of the tuition, fees and required books and materials, with no interest charge, that is due and payable at the end of the deferral period. This deferment is available during any registration in which a veteran is awaiting Montgomery GI bill benefits education benefits available to veterans of the united states armed forces under federal law.
B. If at the end of the deferral period the person has not yet received from the veterans administration the initial benefit monies for tuition and fees, the person may be granted an extension until such time as the benefits are received.
C. In situations where deferred payments are granted, the community college, college or university shall not release the person's grades or transfer credits until such time as the debt is satisfied.
Sec. 9. Department of education; compliance and application of school finance legislation
Notwithstanding Laws 2010, chapter 318, if the superintendent of public instruction determines that the department of education is unable to comply with the requirements of Laws 2010, chapter 318 by July 1, 2011, the department of education may comply with the requirements of Laws 2010, chapter 318 by July 1, 2012 and the department of education shall notify school districts and charter schools that the requirements of Laws 2010, chapter 318 shall not be applied until July 1, 2012.
Sec. 10. Conditional enactment
Because sections 6 and 7 of this act amend sections 15‑901 and 15‑1021, Arizona Revised Statutes, respectively, as amended by Senate Bill 1419 (reviser's technical corrections; 2011), those sections are effective only if Senate Bill 1419, fiftieth legislature, first regular session, relating to multiple, defective and conflicting legislative dispositions of statutory text, is enacted into law.
