Bill Text: AZ SB1335 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Student count; fortieth day; removal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-23 - Senate majority caucus: Hold [SB1335 Detail]
Download: Arizona-2010-SB1335-Introduced.html
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REFERENCE TITLE: student count; fortieth day; removal |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1335 |
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Introduced by Senator Verschoor
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AN ACT
amending sections 15‑902, 15‑973 and 15‑1042, Arizona Revised Statutes; relating to school finance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-902, Arizona Revised Statutes, is amended to read:
15-902. Determination of student count
A. For a common or a unified school district in which the average daily membership through the first one hundred days or two hundred days in session, as applicable, of the current year has exceeded the average daily attendance through the first one hundred days or two hundred days in session, as applicable, of the current year by more than six per cent, the student count shall be determined by an adjusted average daily membership computed by multiplying the actual average daily attendance by one hundred six per cent.
B. For a high school district in which the average daily membership through the first one hundred days in session of the current year exceeds the average daily attendance through the first one hundred days in session of the current year by more than eight and one‑half per cent, the student count shall be determined by an adjusted average daily membership computed by multiplying the actual average daily attendance by one hundred eight and one‑half per cent. If the high school district which that utilized adjusted average daily membership pursuant to this subsection does not qualify for equalization assistance as provided by section 15‑971, the computation of additional state aid for education as provided in section 15‑972 for that district shall not include in the primary property tax rate the amount of primary property taxes necessary to fund an amount computed as follows:
1. Determine the revenue control limit, capital outlay revenue limit and soft capital allocation using the adjusted average daily membership.
2. Add the amounts determined in paragraph 1 of this subsection.
3. Determine the revenue control limit, capital outlay revenue limit and soft capital allocation using a student count computed by multiplying the actual average daily attendance by one hundred six per cent.
4. Add the amounts determined in paragraph 3 of this subsection.
5. Subtract the sum determined under paragraph 4 of this subsection from the sum determined under paragraph 2 of this subsection.
C. A school district required to utilize adjusted average daily membership as provided in this section may apply to the department of education for a further adjustment if student absences result from any of the following reasons:
1. Widespread illness for any period of three consecutive days or more.
2. Adverse weather conditions for any period of three consecutive days or more.
3. Concerted refusal by students to attend classes for any period of three consecutive days of more.
4. Threats of violence against school property, school personnel or students for any period of one day or more.
5. School closure due to situations affecting the safety of persons or property resulting from fire, flooding or floodwater, an earthquake, a hazardous material event or other causes if approved by the department of education.
D. All student absence figures shall be submitted by the school district on a school by school basis to the department of education pursuant to subsection C of this section and shall be certified by the governing board of the school district. The department of education shall review the materials and documents submitted and may, if it determines that the absences resulted from the reasons prescribed by this section, may further adjust the average daily membership figures of the school district.
E. A school district required to use adjusted average daily membership as provided in this section may apply to the department of education for a further adjustment due to absences of pupils with chronic health problems as defined in section 15‑346 if the school district is providing services to the pupils during their absence from school.
F. A pupil is enrolled if the pupil is currently registered in the school district. In addition, the uniform system of financial records shall contain procedures to ensure that enrollment is determined by all school districts on a uniform basis.
G. Any determination of average daily attendance and average daily membership shall be based on the records of the superintendent of public instruction.
H. For school districts which that maintain an approved year‑round school year operation program, an educational program offered on the basis of a four day school week or an alternative kindergarten program offered on the basis of a three day school week, student count shall be based on a computation as prescribed by the superintendent of public instruction on the one hundred seventy‑five 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.
I. School districts shall be required to record electronically membership and attendance on a school by school basis for each day school is in session. Records shall be certified and forwarded to the department of education electronically within twelve days after the first forty days in session and within twelve days after the first one hundred days in session.
J. Absences shall be made part of the attendance record and shall be forwarded electronically by the school district on a school by school basis with other records to the department of education.
K. If a new school district is formed by the subdivision of an existing school district as provided in section 15‑458, the new school district shall determine its student count, the approved daily route mileage and the number of eligible students transported on the basis of where pupils reside within the boundaries of the new school district when computing assistance as provided in this chapter. The school district shall determine its student count, the approved daily route mileage and the number of eligible students transported on the basis of where pupils reside within the diminished boundaries of the school district when computing a school district budget limit and assistance as provided in this chapter. The combined student count in the new districts may not exceed the student count of the school district which that would have existed if the subdivision had not occurred.
Sec. 2. Section 15-973, Arizona Revised Statutes, is amended to read:
15-973. Apportionment of funds; expenditure limitation
A. The state board of education shall apportion state aid from appropriations made for such purpose to the several counties on the basis of state aid entitlement for the school districts in each county. No allowance shall be made for nonresident alien children nor for wards of the United States for whom tuition is paid, but attendance of a student in a school of a county adjoining the county of his residence outside the state under a certificate of educational convenience as provided by section 15‑825 shall be deemed to be enrollment in the school of the county or school district of his residence.
B. Apportionments shall be made as follows:
1. By the close of business on the first day of business of August, one‑twelfth of the total amount to be apportioned during the fiscal year.
2. By the close of business on the first day of business of September, one‑twelfth of the total amount to be apportioned during the fiscal year.
3. By the close of business on the first day of business of October, one‑twelfth of the total amount to be apportioned during the fiscal year.
4. By the close of business on the first day of business of November, one‑twelfth of the total amount to be apportioned during the fiscal year.
5. By the close of business on the first day of business of December, one‑twelfth of the total amount to be apportioned during the fiscal year.
6. By the close of business on the first day of business of January, one‑twelfth of the total amount to be apportioned during the fiscal year.
7. By the close of business on the first day of business of February, one‑twelfth of the total amount to be apportioned during the fiscal year.
8. By the close of business on the first day of business of March, one‑twelfth of the total amount to be apportioned during the fiscal year.
9. By the close of business on the first day of business of April, one‑twelfth of the total amount to be apportioned during the fiscal year.
10. By the close of business on the first day of business of May, one‑twelfth of the total amount to be apportioned during the fiscal year.
11. By the close of business on the first day of business of June, one‑twelfth of the total amount to be apportioned during the fiscal year.
12. By the close of business on the last day of business of June, one‑twelfth of the total amount to be apportioned during the fiscal year.
The superintendent of public instruction shall furnish to the county treasurer and the county school superintendent an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the county treasurer of each county for the amount apportioned. Upon receipt of the warrant the county treasurer shall notify the county school superintendent of the amount, together with any other monies standing to the credit of such school district in the county school fund.
C. Notwithstanding subsection B of this section, if sufficient appropriated funds are available and on a showing by a school district that additional state monies are necessary for current expenses, an apportionment or part of an apportionment of state aid may be paid to the school district prior to the date set for such apportionment by subsection B of this section. After the first forty days in session of the current year, A school district may request additional state monies to fund the increased state aid due to anticipated student growth through the first one hundred days or two hundred days in session, as applicable, of the current year as provided in section 15‑948. In no event shall a school district have received more than three‑fourths of its total apportionment before April 30 of the fiscal year. Early payments pursuant to this subsection must be approved by the state treasurer, the director of the department of administration and the superintendent of public instruction.
D. The superintendent of public instruction shall not make application to the federal government to utilize title VIII of the elementary and secondary education act of 1965 monies in determining the apportionment prescribed in this section.
E. If a school district which that is eligible to receive monies pursuant to this article is unable to meet a scheduled payment on any lawfully incurred long‑term obligation for debt service as provided in section 15‑1022, the county treasurer shall use any amount distributed pursuant to this section to make the payment. The county treasurer shall keep a record of all the instances in which a payment is made pursuant to this subsection. Any monies subsequently collected by the district to make the scheduled payment shall be used to replace the amount diverted pursuant to this subsection. When determining the total amount to be funded by a levy of secondary taxes upon property within the school district for the following fiscal year, the county board of supervisors shall add to the amounts budgeted to be expended during the following fiscal year an amount equal to the total of all payments pursuant to this subsection during the current fiscal year which that were not repaid during the current year.
F. The total amount of state monies that may be spent in any fiscal year by the state board of education for apportionment of state aid for education shall not exceed the amount appropriated or authorized by section 35‑173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
Sec. 3. Section 15-1042, Arizona Revised Statutes, is amended to read:
15-1042. Timeline; student level data; definition
A. The department of education shall notify school districts and charter schools of electronic data submission procedures and shall distribute a list of the specific student level data elements that school districts and charter schools are required to submit. The department of education shall not make any changes to the student level data elements to be collected except for the following:
1. Student attendance data for a joint technological education district, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.
2. Student attendance data for a community college, unless the college is owned, operated or chartered by an Indian tribe, including entry date and exit date, for classes that count towards the student's graduation requirements as provided for in section 15‑701.01.
B. Each school district and charter school shall submit electronic data on a school by school basis, including student level data, to the department of education in order for the school district or charter school to receive monies for the cost of educating students pursuant to this title.
C. The department of education shall grant a school district or charter school an extension to the deadline for the submission of student level data or may provide for an alternative method for the submission of student level data if the school district or charter school proves that good cause exists for the extension, and the school district or charter school shall continue to receive monies for the cost of educating students pursuant to this title. The request by a school district or charter school for an extension of the deadline for the submission of student level data shall include a justification for the extension and the status of current efforts towards complying with the submission of student level data.
D. A pupil or the parent or guardian of a pupil shall not be required to submit data that does not relate to the provision of educational services or assistance to the pupil.
E. Each student level data element shall include a statutory reference to the law that necessitates its collection.
F. Unless otherwise prescribed, school districts and charter schools shall begin to report new data elements on July 1 of the year that follows the effective date of the law that requires the collection of the data.
G. Student level data items submitted to the department of education by school districts pursuant to this section shall not be used to adjust funding levels or calculate the average daily membership for the purpose of funding school districts at any time other than the fortieth, one hundredth and two hundredth day days of the school year.
H. A school district or charter school is not required to submit student level data to the department of education more often than once every twenty school days.
I. Notwithstanding subsection L of this section, the student level data shall include reasons for the withdrawal if reasons are provided by the withdrawing pupil or the pupil's parent or guardian. For the purposes of this subsection, the department of education shall include in the specific student level data elements that school districts and charter schools are required to submit data relating to students who withdraw from school because the student is pregnant or because the student is the biological parent of a child.
J. The department of education shall adopt guidelines to remove outdated student level data collected by school districts and charter schools from the student accountability information system.
K. All student level data collected pursuant to this section is confidential and is not a public record. The data collected may be used for aggregate research and reporting.
L. For the purposes of this section, "student level data" means all data elements that are compiled and submitted for each student in this state and that are necessary for the completion of the statutory requirements of the department of education and the state board of education relating to the calculation of funding for public education, the determination of student academic progress as measured by student testing programs in this state, state and federal reporting requirements and other duties prescribed to the department of education or the state board of education by law. Student level data does not include data elements related to student behavior, discipline, criminal history, medical history, religious affiliation, personal physical descriptors or family information not authorized by the parent or guardian of the pupil.
