Bill Text: AZ SB1452 | 2011 | Fiftieth Legislature 1st Regular | Engrossed

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Bill Title: Schools; e-learning programs

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-03-21 - Referred to House RULES Committee [SB1452 Detail]

Download: Arizona-2011-SB1452-Engrossed.html

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Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1452

 

 

 

AN ACT

 

amending sections 15-101 and 15‑203, Arizona Revised Statutes; amending title 15, chapter 2, article 1, Arizona Revised Statutes, by adding section 15‑215; 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 15-101, Arizona Revised Statutes, is amended to read:

START_STATUTE15-101.  Definitions

In this title, unless the context otherwise requires:

1.  "Accommodation school" means either:

(a)  A school which that is operated through the county board of supervisors and the county school superintendent and which that the county school superintendent administers to serve a military reservation or territory which that is not included within the boundaries of a school district.

(b)  A school that provides educational services to homeless children or alternative education programs as provided in section 15‑308, subsection B.

(c)  A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.

2.  "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.

3.  "Charter holder" means a person that enters into a charter with the state board for charter schools.  For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.

4.  "Charter school" means a public school established by contract with a district governing board, the state board of education or the state board for charter schools pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.

5.  "Child with a disability" means a child with a disability as defined in section 15‑761.

6.  "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.

7.  "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.

8.  "Competency" means a demonstrated ability in a skill at a specified performance level.

9.  "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given.  A course consists of knowledge selected from a subject for instructional purposes in the schools.

10.  "Course of study" means a list of required and optional subjects to be taught in the schools.

11.  "Dual enrollment course" means a college level course that is conducted on the campus of a high school or on the campus of a joint technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents.  A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.

12.  "Fiscal year" means the year beginning July 1 and ending June 30.

13.  "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school.

14.  "Hybrid e‑learning" means a blending and integration of traditional teacher led classroom instruction and pupil support with teacher led and supported pupil-centered e‑learning using digital technology.

14.  15.  "Lease" means an agreement for conveyance and possession of real or personal property.

15.  16.  "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7.  Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes.

16.  17.  "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.

17.  18.  "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.

18.  19.  "Primary property taxes" means all ad valorem taxes except for secondary property taxes.

19.  20.  "Private school" means a nonpublic institution where instruction is imparted.

20.  21.  "School" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve.

21.  22.  "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.

22.  23.  "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long‑term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.

23.  24.  "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra.END_STATUTE

Sec. 2.  Section 15-203, Arizona Revised Statutes, is amended to read:

START_STATUTE15-203.  Powers and duties

A.  The state board of education shall:

1.  Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.

2.  Keep a record of its proceedings.

3.  Make rules for its own government.

4.  Determine the policy and work undertaken by it.

5.  Appoint its employees, on the recommendation of the superintendent of public instruction.

6.  Prescribe the duties of its employees if not prescribed by statute.

7.  Delegate to the superintendent of public instruction the execution of board policies and rules.

8.  Recommend to the legislature changes or additions to the statutes pertaining to schools.

9.  Prepare, publish and distribute reports concerning the educational welfare of this state.

10.  Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.

11.  Aid in the enforcement of laws relating to schools.

12.  Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13.  Prescribe minimum course of study and competency requirements for the graduation of pupils from high school.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

14.  Supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification, including rules for certification of teachers who have teaching experience and who are trained in other states, which are not unnecessarily restrictive and are substantially similar to the rules prescribed for the certification of teachers trained in this state.  The rules shall:

(a)  Allow a variety of alternative teacher and administrator preparation programs, with variations in program sequence and design, to apply for program approval.  The state board shall adopt rules pursuant to this subdivision designed to allow for a variety of formats and shall not require a prescribed answer or design from the program provider in order to obtain approval from the state board.  The state board shall evaluate each program provider based on the program's ability to prepare teachers and administrators and to recruit teachers and administrators with a variety of experiences and talents.  The state board shall permit universities under the jurisdiction of the Arizona board of regents, community colleges in this state, private postsecondary institutions licensed by this state, school districts, charter schools and professional organizations to apply for program approval and shall create application procedures and certification criteria that are less restrictive than those for traditional preparation programs.  Alternative preparation program graduates shall:

(i)  Hold a bachelor's degree from an accredited postsecondary education institution.

(ii)  Demonstrate professional knowledge and subject knowledge proficiency pursuant to section 15‑533.

(iii)  Obtain a fingerprint clearance card pursuant to section 15-534.

(iv)  Complete training in structured English immersion as prescribed by the state board.

(v)  Complete training in research based systematic phonics instruction as prescribed in subdivision (b) of this paragraph.

(vi)  Demonstrate the required proficiency in the constitutions of the United States and Arizona as prescribed in section 15‑532.

(b)  Require applicants for all certificates for common school instruction to complete a minimum of forty‑five classroom hours or three college level credit hours, or the equivalent, of training in research based systematic phonics instruction from a public or private provider.

(c)  Not require a teacher to obtain a master's degree or to take any additional graduate courses as a condition of certification or recertification.

(d)  Allow a general equivalency diploma to be substituted for a high school diploma in the certification of emergency substitute teachers.

(e)  Allow but shall not require the superintendent of a school district to obtain certification from the state board of education.

15.  Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title.  The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.

16.  Adopt rules governing the methods for the administration of all proficiency examinations.

17.  Adopt proficiency examinations for its use.  The state board of education shall determine the passing score for the proficiency examination.

18.  Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.

19.  Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications.  The standards shall not require the business manager of a school district to obtain certification from the state board of education.

20.  Impose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, upon a finding of immoral or unprofessional conduct.

21.  Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title.

22.  Adopt a rule to promote braille literacy pursuant to section 15‑214.

23.  Adopt rules prescribing procedures for the investigation by the department of education of every written complaint alleging that a certificated person has engaged in immoral conduct.

24.  For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.

25.  Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education.  The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.

26.  Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:

We hold these truths to be self‑evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.  That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .

27.  Adopt rules that provide for teacher certification reciprocity.  The rules shall provide for a one year reciprocal teaching certificate with minimum requirements, including valid teacher certification from a state with substantially similar criminal history or teacher fingerprinting requirements and proof of the submission of an application for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.  For teachers who provide Arizona online instruction pursuant to section 15‑808, the rules shall allow automatic certification reciprocity with other states with similar programs.

28.  Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:

(a)  Currently resides in this state.

(b)  Provides documented evidence from the Arizona department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

29.  Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

30.  Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated persons.

31.  Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school.  A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service.  For the purposes of this paragraph, "community service" may include service learning. The guidelines shall include the following:

(a)  A list of the general categories in which community service may be performed.

(b)  A description of the methods by which community service will be monitored.

(c)  A consideration of risk assessment for community service projects.

(d)  Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form.  The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.

(e)  Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service.  The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school.  The pupil may alter the written proposal at any time before performing community service.

(f)  Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.

32.  To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents.  A reciprocity agreement entered into pursuant to this paragraph shall:

(a)  Address procedures for each of the following:

(i)  The transfer of student records.

(ii)  Awarding credit for completed course work.

(iii)  Permitting a student to satisfy the graduation requirements prescribed in section 15-701.01 through the successful performance on comparable exit-level assessment instruments administered in another state.

(b)  Include appropriate criteria developed by the state board of education and the Arizona board of regents.

33.  Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services.  The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.

34.  For each of the alternative textbook formats of human-voiced audio, large-print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state.  Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats.  The board shall post the designated list of alternative media producers on its website.

35.  Adopt a list of approved professional development training providers for use by school districts as provided in section 15-107, subsection J.  The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.

36.  Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15-183, subsection C, paragraph 8 or section 15‑550, subsection C from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41‑1758.03, subsection B.  The board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card surrender requirements prescribed in section 15-183, subsection C, paragraph 9 or section 15‑550, subsection D from certification pursuant to this title for at least ten years after the date of the violation.

37.  Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.

38.  On or before December 15, 2011, adopt and maintain a model framework for a teacher and principal evaluation instrument that includes quantitative data on student academic progress that accounts for between thirty‑three per cent and fifty per cent of the evaluation outcomes and best practices for professional development and evaluator training.  School districts and charter schools shall use an instrument that meets the data requirements established by the state board of education to annually evaluate individual teachers and principals beginning in school year 2012-2013.

39.  In cooperation with the department of education, the Arizona e‑learning task force, the Arizona board of regents, community college districts and universities that provide teacher training programs, develop a separate certification endorsement for teachers who complete a digital instruction training program and who satisfy the other certification requirements prescribed by the state board.  The endorsement specified in this paragraph shall require applicants to demonstrate sufficient education, training, skills, knowledge and experience to effectively use hybrid e‑learning to support pupils.

B.  The state board of education may:

1.  Contract.

2.  Sue and be sued.

3.  Distribute and score the tests prescribed in chapter 7, article 3 of this title.

4.  Provide for an advisory committee to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate and whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate.  The board may delegate its responsibility to conduct hearings and screenings to its advisory committee.  Hearings shall be conducted pursuant to title 41, chapter 6, article 6.

5.  Proceed with the disposal of any complaint requesting disciplinary action or with any disciplinary action against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.

6.  Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith.  Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the state board in the investigation of the complaint.

7.  For hybrid e‑learning, Develop mechanisms to do the following:

(a)  Allow school districts and charter schools to offer open entry and open exit courses based on pupil outcomes and successful completion of course assessments.

(b)  Eliminate requirements that pupils be physically present in the classroom for a specified number of hours and base applicable attendance and course completion requirements solely on pupil outcomes and successful completion of course assessments. END_STATUTE

Sec. 3.  Title 15, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 15-215, to read:

START_STATUTE15-215.  Digital learning center

A.  The state board of education shall establish a digital learning center.  The state board of education shall issue a request for proposals and select and enter into a seven‑year agreement with a private organization to operate and administer the digital learning center.

B.  The digital learning center shall:

1.  Develop innovative educational models that use hybrid e‑learning and web‑based educational content.

2.  Provide open educational resources, including courses, course materials and a web-based learning management system, to school districts and charter schools.

3.  Promote increased academic performance and motivate pupils to learn using an evidence-based curriculum that operates using online digital content.

4.  Provide technical assistance to school districts and charter schools to integrate open educational resources as part of the traditional educational delivery model.

5.  Solicit and accept grants and donations from any lawful public or private source in order to carry out the purposes of this section.  The state board of education shall deposit monies received pursuant to this paragraph in a separate account maintained for this purpose.

C.  The private organization selected by the state board of education pursuant to subsection A shall:

1.  Develop a plan to advance innovative educational models that use hybrid e‑learning and web‑based educational content delivery.

2.  Identify and contract with public and private entities to advance hybrid e‑learning and to integrate professional development training for teachers who provide instruction in hybrid e‑learning.

3.  In cooperation with the superintendent of public instruction and the state board of education, solicit monies from all lawful private and public sources, including federal monies, to offset the costs of developing the digital learning center.

D.  The private organization selected by the state board of education pursuant to subsection A may establish an advisory panel for the digital learning center.  The advisory panel shall be composed of seven members selected by the private organization who shall serve terms specified by the private organization.

E.  The digital learning center may use the services of state agencies, individuals and organizations that have expertise in digital curricula and extension services.

F.  The state board of education shall adopt rules to carry out the purposes of this section. END_STATUTE

Sec. 4.  Intent

It is the intent of the legislature to support the following digital learning infrastructure delivery goals:

1.  The eventual replacement of textbooks with digital content, including interactive and adaptive multimedia content.

2.  High-speed broadband internet access for public school teachers and pupils.

3.  The provision of internet access devices to all public school pupils and teachers.

4.  The negotiation by this state of lower cost licenses and contracts for digital content and online courses.

5.  Continuously updated and robust local and state data systems and related applications to inform longitudinal management decisions, accountability and instruction.