USA Statutes : arizona
Title : Education
Chapter : INSTRUCTION
15-701.01 High school; graduation; requirements; community college or university courses; transfer from private schools; academic credit A. The state board of education shall: 1. Prescribe a minimum course of study, as defined in section 15-101 and incorporating the academic standards adopted by the state board of education, for the graduation of pupils from high school. 2. Prescribe competency requirements for the graduation of pupils from high school incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. 3. Develop and adopt competency tests pursuant to section 15-741 for the graduation of pupils from high school in at least the areas of reading, writing and mathematics and shall establish passing scores for each such test. A pupil not successfully passing the required competency test shall graduate from high school with a recognized diploma if the pupil meets the alternative graduation requirements established by section 15-701.02. A pupil shall not be required to pass the competency test required in this paragraph to graduate from high school if the pupil transfers into the district from out-of-state and has successfully passed a statewide assessment test on state adopted standards that are substantially equivalent to the state board adopted academic standards. If the state board of education adopts a competency test as a graduation requirement for a child with a disability as defined in section 15-761 or a child who receives special education pursuant to section 15-763, pupils with individualized education programs shall not be required to achieve passing scores on competency tests in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless passing scores on a competency test is specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen years of age. These competency tests shall be administered to pupils in a manner prescribed in the pupil's individualized education program and school districts and charter schools shall make specific and appropriate accommodations for pupils with individualized education programs. Pupils with section 504 plans as defined in section 15-731 shall not be required to achieve passing scores on competency tests in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless passing scores on a competency test is specifically required in a specific academic area by the pupil's section 504 plan that is developed in consultation with the pupil's parents. These competency tests shall be administered to pupils in a manner prescribed in the pupil's section 504 plan and school districts and charter schools shall make specific and appropriate accommodations for pupils with a section 504 plan. A pupil with an individualized education program or a section 504 plan who graduates from high school but who is not required to achieve a passing score on a competency test in order to graduate from high school shall receive the standard diploma issued by the school district or charter school. B. The governing board of a school district shall: 1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section. 2. Prescribe criteria for the graduation of pupils from the high schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance. C. The governing board may prescribe the course of study and competency requirements for the graduation of pupils from high school which are in addition to or higher than the course of study and competency requirements which the state board prescribes. D. The governing board may prescribe competency requirements for the passage of pupils in courses which are required for graduation from high school. E. A teacher shall determine whether to pass or fail a pupil in a course in high school as provided in section 15-521, paragraph 3 on the basis of the competency requirements, if any have been prescribed. The governing board, if it reviews the decision of a teacher to pass or fail a pupil in a course in high school as provided in section 15-342, paragraph 11, shall base its decision on the competency requirements, if any have been prescribed. F. Graduation requirements established by the governing board may be met by a pupil who passes courses in the required or elective subjects at a community college or university, if the course is at a higher level than the course taught in the high school attended by the pupil or, if the course is not taught in the high school, the level of the course is equal to or higher than the level of a high school course. The governing board shall determine if the subject matter of the community college or university course is appropriate to the specific requirement the pupil intends it to fulfill and if the level of the community college or university course is less than, equal to or higher than a high school course, and the governing board shall award one-half of a carnegie unit for each three semester hours of credit the pupil earns in an appropriate community college or university course. If a pupil is not satisfied with the decision of the governing board regarding the amount of credit granted or the subjects for which credit is granted, the pupil may request that the state board of education review the decision of the governing board, and the state board shall make the final determination of the amount of credit to be given the pupil and for which subjects. The governing board shall not limit the number of credits that is required for high school graduation and that may be met by taking community college or university courses. For the purposes of this subsection: 1. "Community college" means an educational institution that is operated by a community college district as defined in section 15-1401 or a postsecondary educational institution under the jurisdiction of an Indian tribe recognized by the United States department of the interior. 2. "University" means a university under the jurisdiction of the ARIZONA board of regents. G. A pupil who transfers from a private school shall be provided with a list that indicates those credits that have been accepted and denied by the school district. A pupil may request to take an examination in each particular course in which credit has been denied. The school district shall accept the credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the school district who teaches the subject matter on which the examination is based. In addition to the above requirements, the governing board of a school district may prescribe requirements for the acceptance of the credits of pupils who transfer from a private school. H. The state board of education shall adopt rules to allow high school pupils who can demonstrate competency in a particular academic course or subject to obtain academic credit for the course or subject without enrolling in the course or subject. 15-701.02 Alternative high school graduation requirement; definition (Rpld. 1/1/08) A. A pupil who fails to achieve a passing score on a competency test required for graduation during 2006 or 2007 of pupils from high school may graduate if the pupil meets the alternative graduation requirements established pursuant to this section. B. A pupil is eligible for the alternative graduation requirements established pursuant to this section if all of the following apply: 1. The pupil has taken the competency test each time the test was offered when the pupil was eligible to take the test. 2. The pupil has completed with a passing grade all coursework and credits prescribed for the graduation of pupils from high school by the governing board of the pupil's school district pursuant to section 15-701.01. 3. The pupil has participated in any academic remediation programs available in the pupil's school in those subject areas where the pupil failed to achieve a passing score on the competency test. C. Pupils who fail to achieve a passing score on a competency test required for graduation from high school may augment the score with additional credit as provided in subsection D of this section. A pupil shall augment the score of each area where the pupil failed to achieve a passing score separately and concurrently in an amount not to exceed one quarter of the pupil's achieved score in each area. For the purposes of this section, a pupil may use the highest achieved score in each area of any time the competency test was taken. D. The state board of education shall provide for the augmenting of competency test scores of pupils who fail to achieve a passing score on the competency test required for graduation from high school. The board, by rule, shall establish the manner that additional credit may be used to augment the score of the pupil. The board shall use the augmented scores only for the purpose of determining whether the pupil meets the alternative graduation requirements established pursuant to this section. If the augmented score of the pupil exceeds the passing score on the competency test, the pupil shall be considered to have passed the competency test in that area for graduation purposes. E. Additional credits applied to the pupil's score pursuant to subsections C and D of this section shall be based only on the performance of the pupil in those courses that meet the requirements for graduation established by the state board of education pursuant to section 15-203, subsection A, paragraph 13. Each course that receives additional credit pursuant to this section shall receive equivalent additional credit regardless of subject area, except that greater additional credit shall be granted for courses with more advanced academic content related to the academic standards prescribed by the state board of education pursuant to section 15-701.01. F. In establishing its rules regarding additional credit for specific performance in courses pursuant to subsections C, D and E of this section, the state board of education shall provide varying amounts of additional credit for each performance level achieved in the course as follows: 1. A grade of A or its equivalent shall be proportionally higher than a grade of B or its equivalent. 2. A grade of B or its equivalent shall be proportionally higher than a grade of C or its equivalent. 3. Grades lower than C or its equivalent shall not be eligible for additional credit. G. For the purposes of this section, "competency test" means a competency test required for graduation of a pupil from high school established by the state board of education pursuant to section 15-701.01, subsection A, paragraph 3. 15-701 Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit
A. The state board of education shall:
1. Prescribe a minimum course of study, as defined in section 15-101 and
incorporating the academic standards adopted by the state board of education, to be
taught in the common schools.
2. Prescribe competency requirements for the promotion of pupils from the eighth
grade and competency requirements for the promotion of pupils from the third grade
incorporating the academic standards in at least the areas of reading, writing,
mathematics, science and social studies.
3. Distribute guidelines for the school districts to follow in prescribing criteria
for the promotion of pupils from grade to grade in the common schools. These guidelines
shall include recommended procedures for insuring that the cultural background of a pupil
is taken into consideration when criteria for promotion are being applied.
B. Pursuant to the guidelines which the state board of education distributes, the
governing board of a school district shall:
1. Prescribe curricula that include the academic standards in the required subject
areas pursuant to subsection A, paragraph 1 of this section.
2. Prescribe criteria for the promotion of pupils from grade to grade in the common
schools in the school district. These criteria shall include accomplishment of the
academic standards in at least reading, writing, mathematics, science and social studies,
as determined by district assessment. Other criteria may include additional measures of
academic achievement and attendance.
C. The governing board may prescribe the course of study and competency
requirements for promotion which are in addition to or higher than the course of study
and competency requirements which the state board prescribes.
D. A teacher shall determine whether to promote or retain a pupil in grade in a
common school as provided in section 15-521, paragraph 3 on the basis of the prescribed
criteria. The governing board, if it reviews the decision of a teacher to promote or
retain a pupil in grade in a common school as provided in section 15-342, paragraph 11,
shall base its decision on the prescribed criteria.
E. A governing board may provide and issue certificates of promotion to pupils whom
it promotes from the eighth grade of a common school. Such certificates shall be signed
by the principal or superintendent of schools. Where there is no principal or
superintendent of schools, the certificates shall be signed by the teacher of an eighth
grade. The certificates shall admit the holders to any high school in the state.
F. A governing board may request certificates of promotion from the county school
superintendent. If a governing board requests these certificates from the county school
superintendent, the county school superintendent shall furnish and sign the certificates.
G. Within any high school district or union high school district, the
superintendent of the high school district shall supervise the work of the eighth grade
of all schools employing no superintendent or principal.
H. A school district shall not deny a pupil who is between the ages of sixteen and
twenty-one years admission to a high school because the pupil does not hold an eighth
grade certificate. Governing boards shall establish procedures for determining the
admissibility of pupils who are under sixteen years of age and who do not hold eighth
grade certificates.
I. The state board of education shall adopt rules to allow common school pupils who
can demonstrate competency in a particular academic course or subject to obtain academic
credit for the course or subject without enrolling in the course or subject.
15-702 High school equivalency diploma; fees; rules
A. Any person who is sixteen years of age or older and who passes a general
educational development test shall be awarded an ARIZONA high school equivalency diploma
by the state board of education and the state superintendent of public instruction. The
state board of education may establish eligibility requirements for persons wishing to
take a general educational development test, except that the minimum age required to take
the test may not be older than sixteen nor shall the board require the completion of any
high school credits.
B. A person who meets the minimum course of study and competency requirements
prescribed by the state board of education for graduation from high school through a
combination of high school credits and community college and university credits, which
are converted to high school credits in the same manner as provided in section 15-701.01,
subsection F by the governing board or the state board of education, shall be awarded an
ARIZONA high school equivalency diploma.
C. The state board of education may establish and collect fees for the issuance and
reissuance of the following:
1. A general equivalency diploma.
2. A general equivalency transcript.
D. The state board of education shall develop rules for fee waivers for the general
equivalency diploma and general equivalency transcripts.
15-703 Kindergarten programs and special departments; special teachers
A. The governing board may:
1. Establish departments of industrial arts and consumer education and homemaking.
2. Employ special teachers in special subjects.
B. Each common school district or unified school district shall establish a
kindergarten program, unless the governing board of such common school district or
unified school district files an exemption claim with the department of education. A
district is exempt from establishing a kindergarten program if it files with the
department of education an exemption claim which states that the establishment of a
kindergarten program will interfere with the work of, or maintenance of efficiency in,
the grades and that a kindergarten program is not in the best interests of the
district. Each school district that establishes a kindergarten program shall offer
half-day kindergarten programs that provide instruction that is aligned with the academic
standards adopted by the state board of education. A school district that establishes a
full-day kindergarten program shall allow each parent of a kindergarten pupil to choose
either half-day kindergarten instruction or full-day kindergarten instruction.
C. For the purpose of maintaining a kindergarten program a common school district
or unified school district governing board may lease such buildings as may be necessary
as provided by law. 15-704 Reading proficiency; definitions
A. Each school district or charter school that provides instruction in kindergarten
programs and grades one through three shall select and administer screening, ongoing
diagnostic and classroom based instructional reading assessments, including a
motivational assessment, as defined by the state board of education, to monitor student
progress. Each school shall use the diagnostic information to plan appropriate and
effective intervention.
B. Each school district or charter school that provides instruction for pupils in
kindergarten programs and grades one through three shall conduct a curriculum evaluation
and adopt a scientifically based reading curriculum that includes the essential
components of reading instruction. All school districts and charter schools that offer
instruction in kindergarten programs and grades one through three shall provide ongoing
teacher training based on scientifically based reading research.
C. Each school district or charter school that provides instruction in kindergarten
programs and grades one through three shall devote reasonable amounts of time to explicit
instruction and independent reading in grades one through three.
D. A pupil in grade three who does not meet or exceed the reading standards
measured by the ARIZONA instrument to measure standards test administered pursuant to
section 15-741 shall be provided intensive reading instruction as defined by the state
board of education until the pupil meets these standards.
E. The governing board of each school district and the governing body of each
charter school shall determine the percentage of pupils at each school in grade three who
do not meet the reading standards prescribed by the state board of education and measured
by the ARIZONA instrument to measure standards test administered pursuant to section
15-741. If more than twenty per cent of students in grade three at either the individual
school level or at the school district level do not meet the standards, the governing
board or governing body shall conduct a review of its reading program that includes
curriculum and professional development in light of current, scientifically based reading
research.
F. Based on the review required in subsection E of this section, the governing
board or governing body and the school principal of each school that does not meet the
reading standards, in conjunction with school council members, if applicable, shall
develop methods of best practices for teaching reading based on essential components of
reading instruction and supported by scientifically based reading research. These methods
shall be adopted at a public meeting and shall be implemented the following academic
year.
G. Subsections E and F of this section shall be coordinated with efforts to develop
and implement an improvement plan if required pursuant to section 15-241.
H. For the purposes of this section:
1. "Essential components of reading instruction" means explicit and systematic
instruction in the following:
(a) Phonemic awareness.
(b) Phonics.
(c) Vocabulary development.
(d) Reading fluency.
(e) Reading comprehension.
2. "Reading" means a complex system of deriving meaning from print that requires
all of the following:
(a) The skills and knowledge to understand how phonemes or speech sounds are
connected to print.
(b) The ability to decode unfamiliar words.
(c) The ability to read fluently.
(d) Sufficient background information and vocabulary to foster reading
comprehension.
(e) The development of appropriate active strategies to construct meaning from
print.
(f) The development and maintenance of a motivation to read.
3. "Scientifically based reading research" means research that meets all of the
following:
(a) Applies rigorous, systematic and objective procedures to obtain valid knowledge
relevant to reading development, reading instruction and reading difficulties.
(b) Employs systematic empirical methods that draw on observation or experiment.
(c) Involves rigorous data analyses that are adequate to test the stated hypotheses
and justify the general conclusions drawn.
(d) Relies on measurements or observational methods that provide valid data across
evaluators and observers and across multiple measurements and observations.
(e) Has been accepted by a peer reviewed journal or approved by a panel of
independent experts through a comparably rigorous, objective and scientific review.
(f) Contains all of the elements of the essential components of reading
instruction.
15-705 Extracurricular activities; requirements
A. Each governing board after consultation with parents and teachers shall adopt
policies and procedures governing requirements for pupils' participation in
extracurricular activities for pupils in grade six, if the grade is part of a middle
school, and grades seven through twelve. The consultation by the governing board with
parents and teachers may be accomplished by holding a public hearing or forming an
advisory committee. The requirements shall meet or exceed the minimum requirements
prescribed by the state board.
B. The state board of education shall prescribe rules for policies regarding
pupils' participation in extracurricular activities including minimum statewide
requirements. The minimum statewide requirements:
1. Shall be appropriate to the grade in which the pupil is enrolled.
2. Shall be based on the number of courses passed or failed, on grades received or
on a combination of these factors.
3. May incorporate additional factors.
4. Shall take into consideration the minimum course of study and competency
requirements prescribed by the state board pursuant to section 15-701.01.
15-706 Instruction in environmental education; definition
A. The department of education shall establish and maintain an environmental
education information resource system to assist school districts that choose to develop
and implement environmental education programs. The system shall include a current
documentation, referral and dissemination program for environmental education materials
and information that promotes knowledge of the environment, including various scientific
and economic concepts that impact on environmental and natural resource issues of this
state and its citizens.
B. If a school district chooses to provide instruction in environmental education,
the environmental education program shall:
1. Be based on current scientific information.
2. Include a discussion of economic and social implications.
C. For the purposes of this section "environmental education" means educational
processes, programs and activities which are specifically designed to enhance student
acquisition of knowledge of scientific and economic principles, concepts and facts as
they relate to environmental topics and issues and which are taught in an unbiased, fair
and balanced manner. 15-707 High schools; education about organ donation
Each high school in this state that provides a driver education program may educate
the students who are enrolled in the program about the option of organ donation. 15-708 Remedial education programs; powers of the governing board; definition
A. Beginning July 1, 1980 school districts with an estimated student count of five
thousand or less for the 1980-1981 school year may provide remedial education programs to
children with learning problems who are presently being served in special education
programs as provided in article 4 of this chapter but who will no longer qualify for
special education from and after July 20, 1979.
B. Beginning July 1, 1980 school districts with an estimated student count of more
than five thousand for the 1980-1981 school year shall provide remedial education
programs to children with learning problems who are presently being served in special
education programs as provided in article 4 of this chapter but who will no longer
qualify for special education from and after July 20, 1979.
C. Nothing in this section or section 15-709 shall be construed to preclude a
school district from providing remedial education programs for children not specifically
provided for in this section or section 15-709.
D. The governing board may employ teachers who hold a valid ARIZONA teachers
certificate or supportive personnel as deemed necessary for the operation of a remedial
education program.
E. In this section and section 15-709, unless the context otherwise requires,
"remedial education programs" means curricula to supplement the regular school curricula
to assist children with learning problems in achieving the level they are expected to
achieve in the regular classroom.
15-709 Review of students in remedial education programs
A. The educational development of a child in a remedial education program as
provided in this section and section 15-708 shall be reviewed each regular reporting
period by the teachers or others instructing the child in the remedial education program
and the regular classroom teacher to determine if the child has reached the expected
level of achievement. If it is determined that the child is maintaining his expected
level of achievement, the child shall no longer be eligible for assistance in the
remedial education program.
B. Parents shall be notified of the progress of their child in the remedial
education program as provided in this section and section 15-708 by the established
reporting method of the school district, which may be the report card.
15-710 Instruction in state and federal constitutions, American institutions and history of ARIZONA
All schools shall give instruction in the essentials, sources and history of the
Constitutions of the United States and ARIZONA and instruction in American institutions
and ideals and in the history of ARIZONA, including the history of Native Americans in
ARIZONA. The instruction shall be given in accordance with the state course of study for
at least one year of the common school grades and high school grades respectively. 15-711.01 Instruction on stranger danger
All school districts and charter schools may incorporate instruction into the
existing curricula in the common school grades on the dangers of unsupervised interaction
with strangers. Each school district and charter school may develop its own course of
study to meet the requirements of this section.
15-711 Sex education curricula; sexual conduct with a minor
All school districts with existing sex education curricula shall include instruction
on the laws relating to sexual conduct with a minor for pupils in grades seven, eight,
nine, ten, eleven and twelve. Each school district may develop its own course of study to
meet the requirements of this section. 15-712 Instruction on alcohol, tobacco, narcotic drugs, marijuana, date rape drugs and other dangerous drugs; chemical abuse prevention programs; definitions
A. Instruction on the nature and harmful effects of alcohol, tobacco, narcotic
drugs, marijuana, date rape drugs and other dangerous drugs on the human system and
instruction on the laws related to the control of these substances and the nonuse and
prevention of use and abuse of alcohol, tobacco, narcotic drugs, marijuana, date rape
drugs and other dangerous drugs may be included in the courses of study in common and
high schools, with emphasis on grades four through nine. Instruction on the nature and
harmful effects of alcohol, tobacco, narcotic drugs, marijuana, date rape drugs and other
dangerous drugs on a human fetus may be included in the courses of study in grades six
through twelve. The instruction may be integrated into existing health, science,
citizenship or similar studies and shall meet the criteria for chemical abuse prevention
education programs developed pursuant to subsection C of this section.
B. At the request of a school district, the department of education shall provide
technical assistance to school districts that choose to implement programs to prevent
chemical abuse.
C. The department of education and the department of health services, in
consultation with the committee established pursuant to section 41-617, shall establish
an interagency committee to coordinate their assistance to school districts.
D. The state board of education may accept gifts and grants and shall distribute
them and monies appropriated for chemical abuse prevention programs to school districts
to assist with the costs of programs designed to prevent chemical abuse by pupils in
kindergarten programs and grades one through twelve. School districts which have
approved chemical abuse prevention policies and procedures as prescribed in section
15-345 are eligible for a maximum of one dollar for each pupil or one thousand dollars,
whichever is more. If sufficient monies are not available to meet all requests, the
state board shall determine which school districts to fund based on need, availability of
other programs or sources of revenue and the likelihood of the school district's proposed
program successfully meeting needs identified by the school district. A school district
shall include the monies it receives for chemical abuse prevention programs under this
section in the special projects section of the budget as provided in section 15-903,
subsection F.
E. For the purpose of this section:
1. "Date rape drug" means a drug prescribed in section 13-3401, paragraph 30,
subdivisions (f) through (m).
2. "Narcotic drug", "marijuana" and "dangerous drug" have the same meaning
prescribed in section 13-3401.
15-713 Training in use of bows or firearms; instruction materials; certification of instructors; cooperating agencies
A. The ARIZONA game and fish department may provide training in the safe
handling and use of bows or firearms and safe hunting practices, in conjunction with the
common schools and high schools of the state when the schools request the training.
B. The ARIZONA game and fish department may prescribe courses of study, approve
instruction materials, certify instructors for training programs conducted by private
organizations or public agencies and issue certificates of completion of the required
course of study.
C. To carry out the purposes of the training program authorized by this section and
section 15-714, the ARIZONA game and fish department may cooperate with other agencies
and private organizations.
15-714.01 ARIZONA gun safety program course
A. In addition to the voluntary training in the use of bows and firearms prescribed
in sections 15-713 and 15-714, each school district and charter school may offer as an
elective course a one semester course in firearm marksmanship that shall be designated as
the ARIZONA gun safety program course.
B. A pupil shall be deemed to have satisfactorily completed the ARIZONA gun safety
program course by demonstrating that the pupil has the ability to safely discharge a
firearm.
C. The course of instruction prescribed in this section shall be jointly developed
by the ARIZONA game and fish commission, the department of public safety and private
firearms organizations and may include materials provided by private youth organizations.
At a minimum, the ARIZONA gun safety program course shall include:
1. Instruction on the rules of gun safety.
2. Instruction on the Basic operation of firearms.
3. Instruction on the history of firearms and marksmanship.
4. Instruction on the role of firearms in preserving peace and freedom.
5. Instruction on the constitutional roots of the right to keep and bear arms.
6. Instruction on the use of clay targets.
7. Practice time at a shooting range.
8. Demonstration of competence with a firearm.
D. School districts and charter schools shall arrange for adequate use of shooting
range time by pupils in the ARIZONA gun safety program course at any established shooting
range.
E. Pupils who satisfactorily complete the ARIZONA gun safety program course shall
receive a certificate of accomplishment.
F. Instructors shall be certified by the ARIZONA game and fish department.
G. Nothing in this section shall be construed to limit or expand the liability of
any person under other provisions of law.
15-714 Eligibility for training in use of bows or firearms
A. Training courses may be offered on a voluntary basis to all persons who have
reached the age of ten years, but the game and fish commission may require any hunter
whose hunting license has been revoked or suspended to show a certificate of completion
of such training course as a condition to issuance or renewal of a license.
B. The courses held for students in the common schools and high schools shall be
elective only, and attendance in such classes shall not be considered in computing a
school district's student count.
15-715 Special academic assistance to pupils in kindergarten programs and grades one through three
A. Each common and unified school district shall develop a plan to supplement the
regular education program by providing special academic assistance to pupils in
kindergarten programs and grades one through three. The purpose of the special academic
assistance is to assist pupils in developing the minimum skills necessary for fourth
grade work by the end of the third grade. Special academic assistance, at a minimum,
shall focus on pupils who, because of innate factors, are not succeeding in the school
environment as identified by parents, guardians or school personnel. These pupils may
include, but are not limited to, those who do not qualify for special education services,
who have measured intelligence quotients of between seventy and eighty-five or who
exhibit characteristics of attention deficit disorder or learning patterns attributable
to prenatal substance exposure. The plan shall include:
1. Procedures for use in identifying pupils in need of special academic assistance.
2. Special services for provision of special academic assistance through the
regular program of instruction.
3. Procedures for involving parents in the program.
4. Evaluation procedures for use in assessing the progress of the pupils in the
program.
B. Each common and unified school district shall implement its program of special
academic assistance to pupils in kindergarten programs and grades one through three by
the 1986-1987 school year.
C. The teacher of a pupil enrolled in a special academic assistance program shall
review the pupil's academic achievement each regular reporting period. Parents shall be
notified of the progress of their child in the special academic assistance program by the
established reporting method of the school district.
D. The state board of education shall develop and provide the following to all
common and unified school districts:
1. Competency requirements for the promotion of pupils from the third grade as
prescribed in section 15-701.
2. Model plans for special academic assistance programs which include all of the
items specified in subsection A of this section.
E. The department of education shall provide technical assistance to school
districts in developing and implementing their plan. The assistance shall include
assistance with all of the items specified in subsection A of this section. 15-716 Instruction on acquired immune deficiency syndrome; department assistance
A. Each common, high and unified school district may provide instruction to
kindergarten programs through the twelfth grade on acquired immune deficiency syndrome
and the human immunodeficiency virus.
B. Each district is free to develop its own course of study for each grade. At a
minimum, instruction shall:
1. Be appropriate to the grade level in which it is offered.
2. Be medically accurate.
3. Promote abstinence.
4. Discourage drug abuse.
5. Dispel myths regarding transmission of the human immunodeficiency virus.
C. No district shall include in its course of study instruction which:
1. Promotes a homosexual life-style.
2. Portrays homosexuality as a positive alternative life-style.
3. Suggests that some methods of sex are safe methods of homosexual sex.
D. At the request of a school district, the department of health services or the
department of education shall review instruction materials to determine their medical
accuracy.
E. At the request of a school district, the department of education shall provide
the following assistance:
1. A suggested course of study.
2. Teacher training.
3. A list of available films and other teaching aids.
F. At the request of a parent, a pupil shall be excused from instruction on the
acquired immune deficiency syndrome and the human immunodeficiency virus as provided in
subsection A of this section. The school district shall notify all parents of their
ability to withdraw their child from the instruction.
15-717 American history and heritage
A teacher or administrator in any school in this state may read or post in any
school building copies or excerpts of the following materials:
1. The national motto.
2. The national anthem.
3. The pledge of allegiance.
4. The preamble to the constitution of this state.
5. The declaration of independence.
6. The Mayflower compact.
7. Writings, speeches, documents and proclamations of the founding fathers and the
presidents of the United States.
8. Published decisions of the United States Supreme Court.
9. Acts of the United States Congress.
15-718 Instruction on skin cancer prevention
All public schools shall incorporate instruction into the existing curricula in the
common school grades on skin cancer prevention if the United States environmental
protection agency furnishes free of charge to schools a comprehensive program on the
prevention of skin cancer. The instruction shall be provided in an age appropriate manner
and shall include the following components:
1. The basic facts about skin cancer, including the negative impact of human
exposure to ultraviolet radiation obtained through sunburns and tanning.
2. A comprehensive set of strategies and behaviors to reduce the risk of
contracting skin cancer.
15-719 Character education program instruction; fund A. Each common, high and unified school district and charter school may provide instruction to kindergarten programs through the twelfth grade on character development. B. Each district may develop its own course of study for each grade. At a minimum, the character education program must include: 1. Instruction in the definition and application of at least six of the following character traits: truthfulness, responsibility, compassion, diligence, sincerity, trustworthiness, respect, attentiveness, obedience, orderliness, forgiveness, virtue, fairness, caring, citizenship and integrity. 2. The use of activities, discussions and visual media and literacy presentations to illustrate and reinforce the application of the character traits. 3. Presentations by teachers or mentors who demonstrate the character traits. C. At the request of the school district or charter school, the department of education may certify that the school district or charter school has a character development instruction program that meets all of the requirements in subsection B of this section. D. Parents may elect for their child not to participate in the program. E. The school district or charter school may accept donations or charge fees for the program if the program is not offered during regular school hours. F. A character education special plate fund is established consisting of monies received pursuant to section 28-2421. The department of education shall administer the fund. Monies in the fund are continuously appropriated. Monies from the fund shall be annually distributed by the department by July 1. G. The character education and development division at the department of education shall allocate monies through at least two but no more than four private character education foundations that are incorporated nonprofit corporations in this state and that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director of the character education and development division at the department of education shall select private character education foundations that provide character education programs that demonstrate proven and effective research based curriculum and training to receive monies from the character education special plate fund. H. On notice from the department of education, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. I. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 15-720 Noncurriculum related clubs for grades seven and eight; definitions A. It is unlawful for any public school that offers instruction in grades seven and eight to deny equal access to pupils, to deny a fair opportunity to pupils or to discriminate against pupils who wish to conduct a meeting within a limited open forum on the basis of religious content, political content, philosophical content or other content of speech at these meetings. B. A public school that offers instruction in grades seven and eight shall be deemed to offer a fair opportunity to pupils who wish to conduct a meeting within a limited open forum pursuant to this section if the school policy on noncurriculum group meetings conforms to all of the following: 1. The meetings are voluntary and initiated by pupils. 2. The meetings are not sponsored by the school, the school district, the federal government, this state, any of this state's political subdivisions or any officer or employee of the school, the school district, the federal government, this state or any of this state's political subdivisions. 3. Employees or officers of the school, the school district, the federal government, this state or any of this state's political subdivisions may be present at religious meetings only as nonparticipants. 4. The meetings do not materially and substantially interfere with the orderly conduct of the educational activities of the school. 5. Persons who are not officials or employees of the school or the school district shall not direct, conduct, control or regularly attend the meetings. C. This section shall not be construed to authorize this state or any of its political subdivisions to engage in any of the following: 1. Influence the form or the content of any prayer or other religious activity. 2. Require any person to participate in prayer or any other religious activity. 3. Spend public monies on noncurriculum group meetings other than the incidental costs of providing methods to announce the time and location of a noncurriculum group's meeting to seventh and eighth grade pupils and the incidental costs of providing the facilities to conduct the meetings. 4. Compel any officer or employee of the school or the school district to attend a noncurriculum group meeting if the content of the speech at the meeting is contrary to the beliefs of the officer or employee. 5. Allow meetings that are unlawful to take place on school property. 6. Limit the application of this section to groups of a minimum or maximum number of pupils. 7. Violate the constitutional rights of any person. D. This section shall not be construed to limit the authority of the school, the school district or the officers or employees of the school or the school district to: 1. Maintain order and discipline on the school premises. 2. Protect the safety of pupils and faculty. 3. Allow a school officer or employee or a school district officer or employee to be present at noncurriculum group meetings. 4. Ensure that the attendance of pupils at noncurriculum group meetings is voluntary. E. As used in this section: 1. "Limited open forum" means an offering or opportunity provided by a school that provides instruction in grades seven and eight for one or more noncurriculum related groups of pupils to meet on the premises of the school during lunch periods, before the commencement of the day's regularly scheduled courses or after the conclusion of the day's regularly scheduled courses. 2. "Noncurriculum" means that the group's activities do not substantially enhance, extend or reinforce the subject matter of an academic course that is currently offered at the school. 3. "Pupil" means a public school student enrolled in the seventh or eighth grade. 15-721 Common schools; course of study; textbooks
A. The governing board shall approve for common schools the course of study, the
basic textbook for each course and all units recommended for credit under each general
subject title prior to implementation of the course.
B. If any course does not include a basic textbook, the governing board shall
approve all supplemental books used in the course prior to approval of the course.
C. If any course includes a basic textbook and uses supplemental books, the
governing board may approve all supplemental books and teaching aids, including
instructional computer software, used in the course prior to approval of the course.
D. If the course includes a basic textbook and uses supplemental books that have
not been approved by the governing board at the time of approval of the course, a teacher
may use the supplemental books at any time during the school year. Use of the
supplemental books shall be brought to the attention of the governing board during the
school year in which they are added for ratification.
E. Notwithstanding any other law, the provisions of subsections B and C do not
apply to supplemental books used in courses or programs instituted pursuant to article 4
of this chapter.
F. The governing board shall:
1. Enforce the course of study and select all textbooks used in the common schools
and purchase the textbooks from the publishers. District school funds may be budgeted
and expended by the governing board for teaching aids, including instructional computer
software. For courses that do not require that each student have a textbook other than
for classroom instruction the school district need only purchase one textbook for each
student in the largest group that would be receiving classroom instruction at any one
time.
2. Require that all meetings of committees authorized for the purposes of textbook
review and selection be open to the public as prescribed in title 38, chapter 3, article
3.1.
3. Make available at the school district office for review by the public, for a
period of sixty days prior to formal selection of textbooks, a copy of each textbook
being considered for selection.
15-722 High schools; course of study; textbooks
A. The governing board shall approve for high schools the course of study, the
basic textbook for each course and all units recommended for credit under each general
subject title prior to implementation of such course.
B. If any course does not include a basic textbook, the governing board shall
approve all supplemental books used in such course prior to usage.
C. If any course includes a basic textbook and uses supplemental books or
instructional computer software, the governing board may approve all supplemental books
and instructional computer software used in such course prior to usage.
D. If the course includes a basic text and uses supplemental books which have not
been approved by the governing board at the time of approval of the course, a teacher may
use such supplemental books at any time during the school year. Use of such supplemental
books shall be brought to the attention of the governing board during the school year in
which they are added for ratification.
E. The governing board shall prescribe up to five textbooks for each course and the
teacher, with the consent of the governing board, may use any one of the prescribed
textbooks for the purposes of his course.
15-723 Furnishing of free textbooks; subject matter materials and supplementary books
A. Free textbooks, subject matter materials and supplementary books shall be
furnished in common schools and all state welfare institutions maintaining educational
facilities, subject to section 15-727.
B. Governing boards shall furnish free required textbooks and related printed
subject matter materials in the high schools, subject to section 15-727.
15-724 Purchase of high school textbooks, subject matter materials and supplementary books; budget; rental
A. The governing board may include in its proposed school district budget finances
required for the purchase of textbooks, subject matter materials and supplementary books
for the use of registered high school pupils.
B. The governing board may charge a reasonable rental fee for the use of
nonrequired textbooks, nonrelated subject matter materials and supplementary books by
registered high school pupils.
15-726 Purchase of textbooks and instructional computer software by schools having four or fewer teachers; welfare institutions
A. In all schools having four or fewer teachers, the county school superintendent
may have advisory authority to assist the governing board in the selection and ordering
of textbooks and instructional computer software pursuant to this title.
B. State welfare institutions maintaining educational facilities and the various
accommodation schools shall purchase textbooks and instructional computer software by the
same procedures as provided for the common schools.
C. Welfare institutions shall purchase textbooks and instructional computer
software with their own institutional funds, and the textbooks and instructional computer
software required for the accommodation schools shall be purchased by the county school
superintendents from the county school reserve funds of the various counties.
15-727 Care and issue of textbooks, subject matter materials, supplementary books and instructional computer software
All textbooks, subject matter materials, supplementary books and instructional
computer software in the possession of the school districts and those textbooks, subject
matter materials, supplementary books and instructional computer software purchased by
school districts as provided in this title are and remain the property of the school
districts. The school districts shall hold pupils using the textbooks, subject matter
materials, supplementary books and instructional computer software responsible for damage
or loss of the textbooks, subject matter materials, supplementary books and instructional
computer software. If a pupil for any reason requires a second copy of a textbook,
subject matter materials or a supplementary book, the pupil shall reimburse the school
district for the cost of the textbook, subject matter materials or supplementary book.
15-728 Purchase of books by pupils or parent
A pupil or parent may purchase from the governing board such books as necessary for
high school pupils at the price the governing board pays for the books.
15-729 Use of monies received for lost or damaged textbooks, subject matter materials, supplementary books or instructional computer software
A school district may hold and use all monies obtained for lost or damaged school
textbooks, subject matter materials, supplementary books or instructional computer
software to repair or replace textbooks, subject matter materials, supplementary books or
instructional computer software which are lost or damaged. A school district shall use
these monies in addition to the monies budgeted for purchase of new textbooks, subject
matter materials, supplementary books or instructional computer software.
15-730 Access to instructional material by parents and guardians
On written request, school personnel designated by the governing board shall permit
parents or guardians access to instructional materials currently used by or being
considered for use by the school district by making available at least one copy of the
instructional material for review by the parents or guardians. Parents or guardians may
take printed textbooks, printed supplementary books and printed subject matter materials
from the school district premises for a period of not more than forty-eight
hours. Parents or guardians may review all other materials, including films, only on the
school district premises.
15-731 Definitions
In this article, unless the context otherwise requires:
1. "Accessible electronic file" means, until a national file format is adopted by
the United States department of education, a digital file in a mutually agreed on by the
publisher and the local educational agency electronic file format that has been prepared
using a markup language that maintains the structural integrity of the information and
can be processed by conversion software. If a national file format is adopted by the
United States department of education, accessible electronic file means an electronic
file conforming to the specifications of the national file format adopted by the United
States department of education.
2. "Available authorized entity" means an authorized entity, as defined by 17
United States Code section 121, that commonly provides alternative format school
materials that are accessible by schools in this state and that has the vendor's
authorization to make alternative formats.
3. "Child with a disability" means a pupil who is subject to an individualized
education plan pursuant to the individuals with disabilities education act of 1997 (20
United States Code sections 1400 through 1415) or a pupil with a section 504 plan, and
whose individualized education plan or section 504 plan requires the use of instructional
materials in a specialized format.
4. "Individualized education plan" has the same meaning prescribed in 20 United
States Code sections 1401 and 1412 and section 15-761.
5. "Nonprinted instructional materials" means nonprinted textbooks and related core
materials, including those that require the availability of electronic equipment in order
to be used as a learning resource, that are written and published primarily for use in
elementary school and secondary school instruction and that are required by a state
educational agency or a local educational agency for use by pupils in the classroom.
These materials shall be available to the extent technologically available and may
include software programs and internet based materials.
6. "Printed instructional materials" means textbooks and related printed core
materials that are written and published primarily for use in elementary school and
secondary school instruction and that are required by a state educational agency or a
local educational agency for use by pupils in the classroom.
7. "Section 504 plan" means a written statement developed for a pupil with a
disability that includes the provision of regular or special education and related aids
and services, including assistive technology, that is designed to meet individual
educational needs in accordance with 34 Code of Federal Regulations part 104.
8. "Structural integrity" means the structure of all parts of the printed
instructional material are kept intact to the extent feasible and as mutually agreed on
by the publisher and the local educational agency. If a national file format is adopted
by the United States department of education, the national file format's technical
specifications for structural integrity are required in the accessible electronic file.
9. "Vendor" means a person or entity that offers printed or nonprinted
instructional materials for commercial sale to a school district and other public
schools.
15-732 Powers and duties; state board of education; governing boards
A. The state board of education shall adopt rules on or before August 1, 2005 that
require all school districts and other public schools to purchase adopted printed and
nonprinted instructional materials for which accessible electronic files are available
or, in the case of nonprinted instructional materials delivered on line, that comply with
subsection B of this section. The rules shall establish procedures and timelines to
ensure that accessible materials are distributed to a child with a disability at the same
time that printed and nonprinted instructional materials are distributed to other
students. The rules shall require the vendor to submit the accessible electronic files to
one or more authorized entities, for conversion by such authorized entities into
accessible formats for use by a child with a disability. The rules shall prohibit
unauthorized copying, modification and distribution of the accessible electronic files,
including distribution of unencrypted or reproducible accessible electronic files to
other than authorized entities. This section applies only to newly adopted printed and
nonprinted instructional materials adopted after the 2005-2006 school year and with an
original copyright date of 2004 or later.
B. On-line nonprinted instructional materials shall be deemed compliant for
purposes of subsection A of this section if they meet or exceed standards for internet
accessibility, as set forth in section 508 of the rehabilitation act of 1973, as amended
by 29 United States Code section 794d, and regulations implementing that act as set forth
in part 1194 of title 36 of the Code of Federal Regulations.
C. Printed and on-line nonprinted instructional materials are exempt from this
article if providing an accessible electronic file would do any of the following:
1. Fundamentally alter the nature of the instructional activity.
2. Result in undue financial and administrative burdens on any state agency, school
district or school.
3. Cause such resources not to meet state content standards, adoption criteria or
other applicable specifications.
D. The governing board of each school district or the governing body of another
public school that solicits bids pursuant to this section shall provide written
notification of the requirements of this article and related and subsequent rules to
vendors before soliciting bids for printed and nonprinted instructional materials.
E. This section does not permit reproduction, modification or distribution of
accessible electronic files or of printed or nonprinted instructional materials without
the permission of the copyright holder, and does not require vendors or copyright holders
to provide copies or authorize uses of the electronic files or instructional materials
without compensation, except as provided by 17 United States Code section 121. School
districts and other public schools shall certify that no reproduction or modification
shall occur without the express authorization of the copyright holder while materials are
in the custody of the school district or other public school.
F. Nothing in this section reduces the obligation of the state board of education
and the governing board of a school district or the governing body of another public
school to provide for the instruction of visually impaired pupils in the use of braille
or to provide braille textbooks as prescribed in section 15-214.
G. If a national file format is adopted by the United States department of
education, nothing in this section requires publishers to produce accessible electronic
files that are inconsistent with or more stringent than the specifications of the
nationally adopted file format.
H. Nothing in this section shall be construed to apply to a private school.
15-741.01 Goals for excellence
A. Based on the data reported on the report cards as prescribed in this article,
the state board shall adopt specific state level objectives for each of the following
goal areas:
1. Achievement levels of pupils at the end of grade three, grade eight and grade
twelve.
2. Dropout and high school graduation rates.
3. Postsecondary employment and college enrollment rate.
B. Local district governing boards shall establish specific district level
objectives and shall prescribe a method for schools in the district to establish school
level objectives for the goal areas in subsection A, as prescribed by the state board.
C. The state board shall publish in the appropriate report cards the objectives
written by the state, the districts and the schools, and the state board, districts and
schools shall review and revise, if needed, their own objectives annually.
15-741 Assessment of pupils
A. The state board of education shall:
1. Adopt rules for purposes of this article pursuant to title 41, chapter 6.
2. Adopt and implement an ARIZONA instrument to measure standards test to measure
pupil achievement of the state board adopted academic standards in reading, writing and
mathematics in at least four grades designated by the board. The board shall determine
the manner of implementation. The board may administer assessments of the academic
standards in social studies and science. Prior to the administration of the tests to
pupils and following the statewide piloting of the tests, the board shall approve, at a
public meeting, the ARIZONA instrument to measure standards test.
3. Adopt and implement a statewide nationally standardized norm-referenced
achievement test in reading, language arts and mathematics, except that the
superintendent of public instruction may determine additional grade levels for which
pupils are tested. The tests shall be consistent with the state standards and shall be
administered during the spring of each year between March 15 and May 1.
4. Ensure that the tests prescribed in this section are uniform throughout the
state.
5. Ensure that the tests prescribed in this section are able to be scored in an
objective manner and that the tests are not intended to advocate any sectarian, partisan
or denominational viewpoint.
6. Ensure that the results of the nationally standardized norm-referenced
achievement tests established as provided in this article are comparable to associated
grade equivalents, percentiles and stanines derived from a multistate sample.
7. Include within its budget all costs pertaining to the tests prescribed in this
article. If sufficient monies are appropriated, the state board may provide
norm-referenced achievement test services to school districts which request assistance in
testing pupils in grades additional to those required by this section.
8. Use subtests of the statewide nationally standardized norm-referenced
achievement test as designated by the state board to assess pupils in reading, language
arts and mathematics, at a level appropriate for their grade level.
9. Survey teachers, principals and superintendents on achievement related nontest
indicators, including information on graduation rates by ethnicity and dropout rates by
ethnicity for each grade level. Before the survey, the state board of education shall
approve at a public meeting the nontest indicators on which data will be collected. In
conducting the survey and collecting data, the state board of education shall not violate
the provisions of the family educational rights and privacy act (P.L. 93-380), as
amended, nor disclose personally identifiable information.
10. Establish a fair and consistent method and standard by which norm-referenced
test scores from schools in a district may be evaluated taking into consideration
demographic data. The board shall establish intervention strategies to assist schools
with scores below the acceptable standard. The board shall annually review district and
school scores and shall offer assistance to school districts in analyzing data and
implementing intervention strategies. The board shall use the adopted norm-referenced
test and methods of data evaluation for a period of at least ten years.
11. Participate in other assessments that provide national comparisons as needed.
B. The standardized norm-referenced achievement tests adopted by the state board as
provided in subsection A shall be given annually. The tests shall be administered over a
one week period between March 15 and May 1. Nontest indicator data and other information
shall be collected at the same time as the collection of standardized norm-referenced
achievement test data.
C. Local school district governing boards shall:
1. Administer the tests prescribed in subsection A.
2. Survey teachers, principals and superintendents on achievement related nontest
indicator data as required by the state board including information related to district
graduation and dropout rates. In conducting the survey and collecting data, the governing
board shall not violate the provisions of the family educational rights and privacy act
(P.L. 93-380), as amended, nor disclose personally identifiable information.
D. A test for penmanship shall not be required pursuant to this article. 15-742 Contract for purchase of tests
A. The state board of education shall enter into contracts with contractors for the
purchase of the tests adopted by the state board. Notwithstanding section 41-2546, the
state board may enter into contracts for the purchase of nationally standardized
norm-referenced tests pursuant to this section for a duration of up to ten years. The
contracts may also provide for the distribution of the tests to the school districts and
the scoring of the tests.
B. Contractors shall give a cash or corporate surety bond payable to this state and
approved by the state board indemnifying the state in the test purchases in an amount not
less than five hundred nor more than ten thousand dollars as may be determined by the
state board. The contractor shall faithfully comply with the conditions of the contract
and shall furnish to the state the tests as provided in the contract at prices not
exceeding the lowest prices then granted to any buyer. If there is a decrease in the
prices given to a person purchasing such tests from the contractor, the state shall have
the benefit of the decrease in price.
C. The contractor shall file with the state board a sworn statement stating the
lowest prices for which the contractor's series of tests is sold anywhere in the United
States.
D. If a contractor violates a condition of the contract, the attorney general, upon
request of the state board of education, shall institute an action for damages on the
bond of the contractor.
15-743 Test results; annual report
A. The state board of education shall provide annual reports for every school and
district and the state as a whole. The state board shall annually submit these reports
to school districts, the legislature and the county school superintendents and shall make
them available to the public. The state board shall publish and distribute the reports
by September 1 and shall also provide a cumulative summary of the reports every five
years. The annual reports and cumulative summary results shall include:
1. Average and range scores on the ARIZONA instrument to measure standards test.
2. Standardized test scores by subject area according to percentiles and stanines
for the school, school district, county, state and nation.
3. Achievement related nontest indicator data collected in the survey of teachers,
principals and superintendents as required by section 15-741, including information
related to dropout rates by ethnicity for each grade level and graduation rates and
postsecondary employment and education by ethnicity. In reporting such data, the state
board of education shall not violate the provisions of the family educational rights and
privacy act (P.L. 93-380), as amended, nor disclose personally identifiable information.
4. The numbers of pupils who have completed the academic standards at grades three,
eight and twelve.
B. Test results on individual pupils shall not be made available to the public by
name or individually identifiable reference.
C. The state board shall provide a copy of the results from the tests prescribed in
section 15-741, subsection A for each school district to that school district. No results
may be released to the public until ten days after the reports are provided to each
school district.
D. The state board shall provide each school district participating in the testing
program with a copy of each pupil's standardized norm-referenced test scores in reading,
language arts and mathematics, and the associated grade equivalents, percentiles and
stanines for the school, school district, county, state and nation, a report of pupil
progress on an ongoing and annual basis, showing the trends in gain or loss in pupil
achievement over time in reading, language arts and mathematics for all years in which
pupils are enrolled in the school district for an entire school year and for which this
information is available and a report of the pupil progress for pupils not enrolled in a
district for an entire school year. The state board shall also provide each school
district with each pupil's ARIZONA instrument to measure standards test scores and the
ARIZONA instrument to measure standards test scores for the school, district, county and
state.
E. The school district shall provide a parent or guardian of each pupil
participating in the standardized norm-referenced testing part of the program with a copy
of the pupil's score in reading, language arts and mathematics, and the percentiles and
stanines. The school district shall provide a parent or guardian of each pupil with a
copy of the pupil's scores on the ARIZONA instrument to measure standards test and the
associated scores for the school, district, county and state. The school district shall
make available to the public through the reports those scores for each school in the
district and for the school district, county, state and nation.
F. Each pupil's ARIZONA instrument to measure standards test results for grade
twelve shall be recorded on the pupil's high school transcript. The state board of
education shall prescribe the format for recording ARIZONA instrument to measure
standards test results on high school transcripts.
15-744 Exemptions
A. The governing board of a school district may exempt pupils who are limited
English proficient and who are enrolled in an instructional program as prescribed in
section 15-754 from the nationally standardized norm-referenced achievement testing
requirement prescribed by this article for not to exceed three consecutive school
years. The first year of the exemption is the first academic year in which the pupil is
enrolled in a school district in this state in grade two or above. The instructional
program for limited English proficient pupils who are exempt from the nationally
standardized norm-referenced achievement testing requirement as provided in this
subsection shall include an alternative assessment of achievement to be administered
annually.
B. School districts shall annually report the number of pupils by category and by
grade level which were exempt as provided in this section to the department of
education. The department shall include this information in its annual report to the
legislature pursuant to section 15-743.
C. At the request of a pupil's parent or guardian, the governing board of a school
district shall administer any test required by this article to pupils exempted from the
testing requirement pursuant to this section. Test results for these pupils shall not be
included in the summary results of tests prescribed in section 15-743, but individual
results shall be sent to the school and to the parent or guardian.
15-745 Children instructed at home; testing; prohibition
A. Nothing in this article shall be construed to require the testing of children
who are instructed in a home school program while they are receiving home school
instruction.
B. A child who enrolls in a kindergarten program or grades one through twelve after
receiving instruction in a home school program shall be tested pursuant to this article
in order to determine the appropriate grade level for the educational placement of the
child.
15-746 School report cards
A. Each school shall distribute an annual report card that contains at least the
following information:
1. A description of the school's regular, magnet and special instructional
programs.
2. A description of the current academic goals of the school.
3. A summary of the results achieved by pupils enrolled at the school during the
prior three school years as measured by the ARIZONA instrument to measure standards test
and the nationally standardized norm-referenced achievement test as designated by the
state board and as reported in the annual report prescribed by section 15-743, a summary
of the pupil progress on an ongoing and annual basis, showing the trends in gain or loss
in pupil achievement over time in reading, language arts and mathematics for all years in
which pupils are enrolled in the school district for an entire school year and for which
this information is available and a summary of the pupil progress for pupils not enrolled
in a district for an entire school year.
4. The school's current expenditures per pupil for classroom supplies, classroom
instruction excluding classroom supplies, administration, support services-students, and
all other support services and operations. The current expenditures per pupil by school
shall include allocation of the district-wide expenditures to each school, as provided by
the district. The report shall include a comparison of the school to the state amount
for a similar type of district as calculated in section 15-255. The method of calculating
these per pupil amounts and the allocation of expenditures shall be as prescribed in the
uniform system of financial records.
5. The attendance rate of pupils enrolled at the school as reflected in the
school's average daily membership as defined in section 15-901.
6. The total number of incidents that occurred on the school grounds, at school bus
stops, on school buses and at school sponsored events and that required the contact of a
local, county, tribal, state or federal law enforcement officer pursuant to section
13-3411, subsection F, section 13-3620, section 15-341, subsection A, paragraph 33 or
section 15-515. The total number of incidents reported shall only include reports that
law enforcement officers report to the school are supported by probable cause. For the
purposes of this paragraph, a certified peace officer who serves as a school resource
officer is a law enforcement officer. A school may provide clarifying information if the
school has a school resource officer on campus.
7. The percentage of pupils who have either graduated to the next grade level or
graduated from high school.
8. A description of the social services available at the school site.
9. The school calendar including the length of the school day and hours of
operations.
10. The total number of pupils enrolled at the school during the previous school
year.
11. The transportation services available.
12. Beginning in the 2000-2001 school year and until July 1, 2006, the reading
instruction programs used by the school for kindergarten programs and grades one, two and
three, pursuant to section 15-704. The report card shall include a district comparison
of test scores among the different programs of reading instruction and shall identify the
program of reading instruction used in each classroom.
13. A description of the responsibilities of parents of children enrolled at the
school.
14. A description of the responsibilities of the school to the parents of the
children enrolled at the school including dates the report cards are delivered to the
home.
15. A description of the composition and duties of the school council as prescribed
in section 15-351 if such a school council exists.
16. For the most recent year available, the average current expenditure per pupil
for administrative functions compared to the predicted average current expenditure per
pupil for administrative functions according to an analysis of administrative cost data
by the joint legislative budget committee staff.
17. If the school provides instruction to pupils in kindergarten programs and grades
one through three, the ratio of pupils to teachers in each classroom where instruction is
provided in kindergarten programs and grades one through three.
18. The average class size per grade level for all grade levels, kindergarten
programs and grades one through eight. For the purposes of this paragraph, "average class
size" means the weighted average of each class.
B. The department of education shall develop a standardized report card format that
meets the requirements of subsection A of this section. The department shall modify the
standardized report card as necessary on an annual basis. The department shall
distribute to each school in this state a copy of the standardized report card that
includes the required test scores for each school. Additional copies of the standardized
report card shall be available on request.
C. After each school has completed the report card distributed to it by the
department of education, the school, in addition to distributing the report card as
prescribed in subsection A of this section, shall send a copy of the report card to the
department. The department shall prepare an annual report that contains the report card
from each school in this state.
D. The school shall distribute report cards to parents of pupils enrolled at the
school, no later than the last day of school of each fiscal year, and shall present a
summary of the contents of the report cards at an annual public meeting held at the
school. The school shall give notice at least two weeks before the public meeting that
clearly states the purposes, time and place of the meeting. 15-747 Nationally standardized test; exemption from public record requirements; public viewing
A. Except as provided in subsection B of this section, any nationally standardized
test that is administered to pupils in this state and to pupils in any other states, and
any questions, answers or scoring keys from any such test that appear in any bid,
proposal, contract, documentation or other materials, are exempt from title 39, chapter
1, article 2 if both of the following apply:
1. The test is copyrighted.
2. The test will be deprived of value if the questions or answers become known to
pupils before the administration of the test.
B. The state board of education shall adopt rules that set forth procedures to
allow parents of pupils and the general public to view the nationally standardized
norm-referenced achievement test prescribed by section 15-741. The rules shall include
procedures to prohibit pupils who are required to take the nationally standardized
norm-referenced achievement test from viewing that test before the test is administered
to those pupils. The rules adopted pursuant to this subsection shall prohibit the
duplication or photocopying of the nationally standardized norm-referenced achievement
test. The rules shall prohibit any other activities that would violate the copyright
protection afforded by federal law to the copyright holders of the tests and to the
copyright holders of related testing materials.
15-751 Definitions
(Caution: 1998 Prop. 105 Applies)
In this article,
1. "Bilingual education/native language instruction" means a language acquisition
process for students in which much or all instruction, textbooks, or teaching materials
are in the child's native language other than English.
2. "English language classroom" means a classroom in which English is the language
of instruction used by the teaching personnel, and in which such teaching personnel
possess a good knowledge of the English language. English language classrooms encompass
both English language mainstream classrooms and sheltered English immersion classrooms
3. "English language mainstream classroom" means a classroom in which the students
either are native English language speakers or already have acquired reasonable fluency
in English.
4. "English learner" or "limited English proficient student" means a child who does
not speak English or whose native language is not English, and who is not currently able
to perform ordinary classroom work in English.
5. "Sheltered English immersion" or "structured English immersion" means an English
language acquisition process for young children in which nearly all classroom instruction
is in English but with the curriculum and presentation designed for children who are
learning the language. Books and instructional materials are in English and all reading,
writing, and subject matter are taught in English. Although teachers may use a minimal
amount of the child's native language when necessary, no subject matter shall be taught
in any language other than English, and children in this program learn to read and write
solely in English. This educational methodology represents the standard definition of
"sheltered English" or "structured English" found in educational literature.
15-752 English language education
(Caution: 1998 Prop. 105 Applies)
Subject to the exceptions provided in section 15-753, all children in ARIZONA public
schools shall be taught English by being taught in English and all children shall be
placed in English language classrooms. Children who are English learners shall be
educated through sheltered English immersion during a temporary transition period not
normally intended to exceed one year. Local schools shall be permitted but not required
to place in the same classroom English learners of different ages but whose degree of
English proficiency is similar. Local schools shall be encouraged to mix together in the
same classroom English learners from different native-language groups but with the same
degree of English fluency. Once English learners have acquired a good working knowledge
of English and are able to do regular school work in English, they shall no longer be
classified as English learners and shall be transferred to English language mainstream
classrooms. As much as possible, current per capita supplemental funding for English
learners shall be maintained. Foreign language classes for children who already know
English shall be completely unaffected, as shall special educational programs for
physically- or mentally-impaired students.
15-753 Parental waivers
(Caution: 1998 Prop. 105 Applies)
A. The requirements of section 15-752 may be waived with the prior written informed
consent, to be provided annually, of the child's parents or legal guardian under the
circumstances specified in this section. Such informed consent shall require that said
parents or legal guardian personally visit the school to apply for the waiver and that
they there be provided a full description of the educational materials to be used in the
different educational program choices and all the educational opportunities available to
the child. If a parental waiver has been granted, the affected child shall be transferred
to classes teaching English and other subjects through bilingual education techniques or
other generally recognized educational methodologies permitted by law. Individual schools
in which 20 students or more of a given grade level receive a waiver shall be required to
offer such a class; in all other cases, such students must be permitted to transfer to a
public school in which such a class is offered.
B. The circumstances in which a parental exception waiver may be applied for under
this section are as follows:
1. Children who already know English: the child already possesses good English
language skills, as measured by oral evaluation or standardized tests of English
vocabulary comprehension, reading, and writing, in which the child scores approximately
at or above the state average for his grade level or at or above the 5th grade average,
whichever is lower; or
2. Older children: the child is age 10 years or older, and it is the informed
belief of the school principal and educational staff that an alternate course of
educational study would be better suited to the child's overall educational progress and
rapid acquisition of basic English language skills; or
3. Children with special individual needs: the child already has been placed for a
period of not less than thirty calendar days during that school year in an English
language classroom and it is subsequently the informed belief of the school principal and
educational staff that the child has such special and individual physical or
psychological needs, above and beyond the child's lack of English proficiency, that an
alternate course of educational study would be better suited to the child's overall
educational development and rapid acquisition of English. A written description of no
less than 250 words documenting these special individual needs for the specific child
must be provided and permanently added to the child's official school records, and the
waiver application must contain the original authorizing signatures of both the school
principal and the local superintendent of schools. Any such decision to issue such an
individual waiver is to be made subject to the examination and approval of the local
school superintendent, under guidelines established by and subject to the review of the
local governing board and ultimately the state board of education. Teachers and local
school districts may reject waiver requests without explanation or legal consequence, the
existence of such special individual needs shall not compel issuance of a waiver, and the
parents shall be fully informed of their right to refuse to agree to a waiver.
15-754 Legal standing and parental enforcement
(Caution: 1998 Prop. 105 Applies)
As detailed in sections 15-752 and 15-753, all ARIZONA school children have the
right to be provided at their local school with an English language public education. The
parent or legal guardian of any ARIZONA school child shall have legal standing to sue for
enforcement of the provisions of this statute, and if successful shall be awarded normal
and customary attorney's fees and actual and compensatory damages, but not punitive or
consequential damages. Any school board member or other elected official or administrator
who willfully and repeatedly refuses to implement the terms of this statute may be held
personally liable for fees and actual and compensatory damages by the child's parents or
legal guardian, and cannot be subsequently indemnified for such assessed damages by any
public or private third party. Any individual found so liable shall be immediately
removed from office, and shall be barred from holding any position of authority anywhere
within the ARIZONA public school system for an additional period of five years.
15-755 Standardized testing for monitoring education progress
(Caution: 1998 Prop. 105 Applies)
In order to ensure that the educational progress of all ARIZONA students in academic
subjects and in learning English is properly monitored, a standardized, nationally-normed
written test of academic subject matter given in English shall be administered at least
once each year to all ARIZONA public schoolchildren in grades 2 and higher. Only students
classified as severely learning disabled may be exempted from this test. The particular
test to be used shall be selected by the office of the state superintendent of public
instruction, and it is intended that the test shall generally remain the same from year
to year. The national percentile scores of students shall be confidentially provided to
individual parents, and the aggregated percentile scores and distributional data for
individual schools and school districts shall be made publicly available on an internet
web site; the scores for students classified as "limited-English" shall be separately
sub-aggregated and made publicly available there as well. Although administration of this
test is required solely for monitoring educational progress, ARIZONA public officials and
administrators may utilize these test scores for other purposes as well if they so
choose.
15-756.01 Contracts with private vendors
School districts and charter schools may enter into contracts with private vendors
that provide literacy services that are designed to make participating pupils who begin
receiving the services in kindergarten successful at reading, writing and speaking
English at the third grade level by the end of the third grade. 15-756 Programs for English learners; requirements; federal funding A. The state board of education shall prescribe the manner in which: 1. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified. 2. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of English language proficiency exams. 3. The process of reassessment of English learners for the purpose of determining English language proficiency shall be conducted. 4. The evaluation of former English learners shall be conducted. 5. Training may be allowed that is not provided by a college or university to substitute for any of the courses required for a structured English immersion endorsement or a bilingual education endorsement if all of the following conditions apply: (a) The state board of education has reviewed the curriculum, textbooks, grading procedures and attendance policies and determined that the training is comparable in amount, scope and quality to a course offered by a college or university for a structured English immersion or bilingual education endorsement. (b) The training meets the professional teaching standards adopted by the state board of education. (c) The state board of education has reviewed the qualifications of the instructor and determined that the instructor has sufficient experience to effectively conduct the training. B. The department of education shall develop guidelines for the monitoring of school districts and charter schools for the purposes of ensuring compliance with all federal and state laws regarding English learners, including requiring each school district and charter school to annually submit a report to the department of education that includes the following information identified by grade level and by school: 1. The number of pupils who are classified as English learners for the first time. 2. The number of English learners who achieved English proficiency in the past academic year and who exited the English learner program. 3. The total number of pupils classified as English learners. 4. The number of pupils who are enrolled in each type of language acquisition program offered by the school district or charter school. 5. If requested by the department of education, the test data used to determine English proficiency. C. The superintendent of public instruction shall attempt to obtain the maximum amount of federal funding that is available for bilingual education programs and structured English immersion programs and any other funding from federal programs that apply to the educational needs of English learners. D. The department of education shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives that includes an itemized list of all federal monies received by the department for language acquisition programs and the purposes for which these federal monies are designated. The department shall submit a copy of this report to the secretary of state and the director of the ARIZONA state library, archives and public records. E. Nothing in subsection A, paragraph 5 of this section shall be construed to prohibit a school district or charter school from developing or participating in a training program that does not meet the conditions prescribed in subsection A, paragraph 5. 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) Emotional disability.
(iii) Hearing impairment.
(iv) Other health impairments.
(v) Specific learning disability.
(vi) Mild, moderate or severe mental retardation.
(vii) Multiple disabilities.
(viii) Multiple disabilities with severe sensory impairment.
(ix) Orthopedic impairment.
(x) Preschool moderate delay.
(xi) Preschool severe delay.
(xii) Preschool speech/language delay.
(xiii) Speech/language impairment.
(xiv) Traumatic brain injury.
(xv) Visual impairment.
(b) Does not include a child who has 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. "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.
4. "Educational disadvantage" means a condition which has limited a child's
opportunity for educational experience resulting in a child achieving less than a normal
level of learning development.
5. "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.
6. "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 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.
7. "Foster parent" means a person who has been designated by a court of competent
jurisdiction to serve as the parent of a child with a disability if that person has an
ongoing, long-term parental relationship with the child, is willing to make educational
decisions for the child and has no personal interest that would conflict with the
interests of the child.
8. "Hearing impairment" means a loss of hearing acuity, as determined by evaluation
pursuant to section 15-766, which 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,
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 and 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 services to a
child with a disability that includes the pupil's present levels of educational
performance, the measurable annual goals and short-term objectives or benchmarks for
evaluating progress toward those goals, the requirements for high school graduation,
including provisions for testing and testing accommodations, and the specific special
education and related services to be provided.
12. "Individualized education program team" means a team whose task is to develop an
appropriate educational program for the child and that includes:
(a) The parent.
(b) At least one of the child's regular education teachers.
(c) One of the child's special education teachers.
(d) A representative of the public agency that is qualified to provide or supervise
the provision of instruction that is designed specifically for children with disabilities
who is knowledgeable about general curriculum and the availability of resources.
(e) A person who can interpret the instructional implications of evaluation
results.
(f) The child, if appropriate.
(g) At the discretion of the parent or the public agency, other persons with
knowledge or special expertise about the child.
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 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 moderate delay" means performance by a preschool child 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 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. "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.
26. "Preschool speech/language delay" means performance by a preschool child 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
under this paragraph is appropriate only if a comprehensive developmental assessment or
norm-referenced assessment and parental input indicate that the child is not eligible for
services under another preschool category. The evaluation team shall determine
eligibility based on a preponderance of the information presented.
27. "Prior written notice" means notice, as defined in 20 United States Code
sections 1414 and 1415, that includes a description of the action proposed or refused by
the school, an explanation of why the school proposes or refuses to take the action, a
description of any options the school considered and the reasons why those options were
rejected, a description of each evaluation procedure, test, record or report the school
used as a basis for the proposal or refusal, a description of any other factors that were
relevant to the school's proposal or refusal, a full explanation of all of the procedural
safeguards available to the parent and a listing of sources for parents to contact to
obtain assistance in understanding the notice.
28. "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.
29. "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.
30. "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.
31. "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.
32. "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.
33. "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.
34. "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.
35. "Specific learning disability":
(a) Means a specific learning disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written, which may
manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do
mathematical calculations.
(b) Includes such conditions as perceptual disabilities, minimal brain dysfunction,
dyslexia and aphasia.
(c) Does not include learning problems which are primarily the result of visual,
hearing, motor or emotional disabilities, of mental retardation or of environmental,
cultural or economic disadvantage.
36. "Speech/language impairment" means a communication disorder such as stuttering,
impaired articulation, severe disorders of syntax, semantics or vocabulary, or functional
language skills, or a voice impairment, as determined by evaluation pursuant to section
15-766, to the extent that it calls attention to itself, interferes with communication or
causes a child to be maladjusted.
37. "State educational agency" means the ARIZONA department of education.
38. "State placing agency" has the same meaning prescribed in section 15-1181.
39. "Surrogate parent" means a person who has been appointed by the court pursuant
to section 15-763.01 in order to represent a child in decisions regarding special
education.
40. "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.
41. "Visual impairment" means a loss in visual acuity or a loss of visual field, as
determined by evaluation pursuant to section 15-766, that interferes with the child's
performance in the educational environment and that requires the provision of special
education and related services.
15-762 Division of special education
The division of special education as provided in chapter 2, article 2 of this title
shall carry out the provisions of this article subject to the superintendent of public
instruction.
15-763.01 Surrogate parent; appointment
A. A petition for the appointment of a surrogate parent for a child with a
disability shall be made to a court of competent jurisdiction if any of the following
conditions have been met:
1. No parent can be identified.
2. A public agency cannot determine the whereabouts of a parent, after having made
three documented and reasonable attempts.
3. The child is a ward of the state.
B. In order for a person to be eligible to receive an appointment as a surrogate
parent for a child with a disability all of the following must be true:
1. The person shall be determined by the court to possess knowledge and skills that
will ensure adequate representation of the child.
2. The person may not be an employee of a state agency if that agency is involved
in the education or care of the child.
3. The person may not have any interests that would conflict with the best
interests of the child.
4. The person shall have a valid fingerprint clearance card issued pursuant to
title 41, chapter 12, article 3.1.
C. A person who is appointed as a surrogate parent for a child with a disability
shall not be deemed to be an employee of the state solely as a result of serving as a
surrogate parent and receiving compensation for that service. 15-763 Plan for providing special education; definition
A. All school districts and charter schools shall develop policies and procedures
for providing special education to all children with disabilities within the district or
charter school. All children with disabilities shall receive special education
programming commensurate with their abilities and needs. Each child shall be ensured
access to the general curriculum and an opportunity to meet the state's academic
standards. Pupils who receive special education shall not be required to achieve passing
scores on the ARIZONA instrument to measure standards test in order to graduate from high
school unless the pupil is learning at a level appropriate for the pupil's grade level in
a specific academic area and unless a passing score on the ARIZONA instrument to measure
standards test is specifically required in a specific academic area by the pupil's
individualized education program as mutually agreed on by the pupil's parents and the
pupil's individualized education program team or the pupil, if the pupil is at least
eighteen years of age. The pupil's individualized education program shall include any
necessary testing accommodations. Special education services shall be provided at no cost
to the parents of children with disabilities.
B. The state board of education shall adopt guidelines to define a parent's or
guardian's role or a pupil's role, if the pupil is at least eighteen years of age, in the
development of a pupil's section 504 plan as defined in section 15-731, including testing
and testing accommodations.
C. For the purposes of determining the services to pupils served by private schools
under existing federal law, the state shall consider the term to include home schooled
pupils.
D. If federal monies are provided to a school district or a charter school for
special education services to home schooled or private schooled pupils, the school
district or charter school shall provide the services to both the home schooled pupils
and the private schooled pupils in the same manner.
E. For the purposes of this section, "special education" has the same meaning
prescribed in section 15-1201. 15-764 Powers of the school district governing board or county school superintendent
A. The governing board of each school district or the county school superintendent
shall:
1. Provide special education and related services for all children with
disabilities and make such programs and services available to all eligible children with
disabilities who are at least three years but less than twenty-two years of age.
2. Employ supportive special personnel, which may include a director of special
education, for the operation of special school programs and services for exceptional
children.
3. To the extent appropriate, educate children with disabilities in the regular
education classes. Special classes, separate schooling or other removal of children with
disabilities from the regular educational environment shall occur only if, and to the
extent that, the nature or severity of the disability is such that education in regular
classes, even with the use of supplementary aids and services, cannot be accomplished
satisfactorily.
4. Provide necessary specialized transportation in connection with any educational
program, class or service as required by the pupil's individualized education program.
5. Establish policy with regard to allowable pupil-teacher ratios and pupil-staff
ratios within the school district or county for provision of special education services.
B. The special education programs and services established pursuant to this section
and section 15-765 shall be conducted only in a school facility which houses regular
education classes or in other facilities approved by the division of special education.
C. The governing body of each school district, county or agency involved in
intergovernmental agreements, in cooperation with another school district or districts,
may establish special education programs for exceptional children. When two or more
governing bodies determine to carry out by joint agreement the duties in regard to the
special education programs for exceptional children, the governing bodies, in accordance
with state law and the rules of the division of special education, shall establish a
written agreement for the provision of services. In such agreements, one governing body
of each school district, an agency involved in intergovernmental agreements or the county
shall administer the program in accordance with the contract agreement between the school
districts. Tuition students may be included in the agreement. The agreement may also
include lease-purchase of facilities for the special education programs for exceptional
children.
D. The county school superintendent, upon approval of the division of special
education, may establish special education programs in the county accommodation schools
under the jurisdiction of the superintendent or may cooperate with other school districts
by agreement to provide such services for such special programs in accordance with the
rules of the division of special education. At the beginning of each school year the
county school superintendent shall present an estimate of the current year's
accommodation school exceptional programs tuition cost to each school district that has
signed an agreement to use the services of the accommodation school. The tuition shall
be the estimated per capita cost based on the number of pupils that each school district
has estimated will enroll in the program, and the school district shall pay the tuition
quarterly in advance on July 1, October 1, January 1 and April 1. Increases in
enrollment during the school year over the school district's estimate of July 1 shall
cause the tuition charges to be adjusted accordingly. In the event of overpayment by the
school district of residence, the necessary adjustment shall be made at the close of the
school year. 15-765 Special education in rehabilitation, corrective or other state and county supported institutions, facilities or homes
A. For the purposes of this section and section 15-764, children with disabilities
who are being provided with special education in rehabilitation, corrective or other
state and county supported institutions or facilities are the responsibility of that
institution or facility, including children with disabilities who are not enrolled in a
residential program and who are being furnished with daily transportation. Special
education programs at the institution or facility shall conform to the conditions and
standards prescribed by the director of the division of special education.
B. Notwithstanding the provisions of subsection A of this section, the department
of economic security or the department of health services may request on behalf of a
school-age child with a disability residing in a residential facility or foster home
operated or supported by the department of economic security or the department of health
services that the school district in which the facility or home is located enroll the
school-age child in the district, subject to section 15-825. The school district shall,
upon the request by the department of economic security or the department of health
services, enroll the child and provide any necessary special education and related
services, subject to section 15-766. A school district in which a child with a
disability is enrolled shall coordinate the development of an individualized education
program with the development of an individual program or treatment plan. The provision
of special education and related services to a child with a disability may be subject to
the provisions of subsection D of this section.
C. Before any placement is made in facilities described in this section, the school
district of residence shall insure that a full continuum of alternative placements is
available to meet the needs of children with disabilities and that the proposed placement
is the least restrictive environment in which appropriate education services can be
provided to the child.
D. A school district or county school superintendent may contract with, and make
payments to, other public or private schools, institutions and agencies approved by the
division of special education, within or without the school district or county, for the
education of and provision of services to children with disabilities if the provisions of
section 15-766 and the conditions and standards prescribed by the division of special
education have been met and if unable to provide satisfactory education and services
through its own facilities and personnel in accordance with the rules prescribed by the
state board of education. No school district may contract or make payments under the
authority of this section or section 15-764 or any other provisions of law for the
residential or educational costs of placement of children with disabilities in an
approved private special education school, institution or agency unless the children are
evaluated and placed by a school district. The following special provisions apply in
order to qualify for the group B ED-P weight:
1. If the child is placed in a private special education program, the chief
administrative official of the school district or county or other person designated by
the school district or county as responsible for special education shall verify that the
pupil is diagnosed with an emotional disability as defined in section 15-761, that no
appropriate program exists within the school district or county, as applicable, and that
no program can feasibly be instituted by the school district or county, as applicable.
2. If the child is placed in a special program that provides intensive services
within a school district, the chief administrative official of the school district or
county or other person as designated by the school district or county as responsible for
special education shall verify that the pupil placed in such a program is diagnosed with
an emotional disability as defined in section 15-761 and that appropriate services cannot
be provided in traditional resource and self-contained special education classes.
E. When a state placing agency initially places a pupil in a private residential
facility, the home school district must conduct an evaluation pursuant to section 15-766
or review the educational placement of a pupil who has previously been determined
eligible for special education services. The school district shall notify the
appropriate state placing agency when a child requires an evaluation for possible receipt
of services provided by that agency or a residential special education placement. The
school district and the state agency shall jointly evaluate the child, including
consideration of relevant information from additional sources, including probation or
parole officers, caseworkers, guardians ad litem and court appointed special advocates.
F. If the child is not eligible for special education or does not require
residential special education placement, sections 15-1182 and 15-1183 apply.
G. If the individualized education program team determines that a residential
special education placement is the least restrictive environment in which an appropriate
educational program can be provided, the home school district shall submit the following
documentation to the department of education:
1. A residential special education voucher application signed by designated
representatives of the state placing agency, as defined in section 15-1181, and the home
school district, respectively.
2. The educational reasons for recommending the residential special education
placement, including an evaluation or addendum to the evaluation that describes the
instructional and behavioral interventions that were previously attempted and the
educational reasons for recommending the residential special education placement,
including documentation that the nature or severity of the disability is such that
education in a less restrictive environment is not appropriate.
3. Exit criteria as required in subsection K of this section.
4. That prior written notice for a change in the child's placement was provided.
H. If a residential special education placement is required by the child's
individualized education program, the educational component of the residential facility
shall be one that is approved by the department of education for the specific special
education services required.
I. The residential component of the facility in which the residential special
education placement is made shall be licensed by the department of economic security or
the department of health services, whichever is appropriate.
J. Following and in accordance with the consensus decision of the individualized
education program team as prescribed in section 15-766, a residential special education
placement shall be made by the school district and the appropriate state agency. The
individualized education program team shall determine whether a residential special
education placement is necessary. The state placing agency shall consider the
recommendations of the individualized education program team in selecting the specific
residential facility. The department of education shall enter into interagency services
agreements with the department of economic security or the department of health services
to establish a mechanism for resolving disputes if the school district and the department
of economic security or the department of health services cannot mutually agree on the
specific residential placement to be made. Dispute resolution procedures may not be used
to deny or delay residential special education placement.
K. The individualized education program for any child who requires residential
special education placement must include exit criteria that indicate when the educational
placement of the child shall be reviewed to determine whether the child can be moved to a
less restrictive placement.
L. All noneducational and nonmedical costs incurred by the placement of a child
with a disability in a private or public school program and concurrent out-of-home care
program shall be paid by the department of economic security for those children eligible
to receive services through the division of developmental disabilities or the
administration for children, youth and families of the department of economic security
and by the department of health services for those children eligible to receive services
through the division of behavioral health in the department of health services or
children's rehabilitation services. Nothing in this section is intended to prevent or
limit the department of health services and the department of economic security from
joint case management of any child who qualifies for services from both agencies or from
sharing the noneducational costs of providing those services. The educational costs
incurred by the placement of a child with a disability in an out-of-home care facility
shall be paid as follows:
1. Through a residential special education placement voucher as provided in section
15-1184 if the child is determined to require a residential special education placement
as defined in section 15-761.
2. Through an initial or continuing residential education voucher if a child is
placed in a private residential facility by a state placing agency, as defined in section
15-1181, for care, treatment and safety reasons and the child needs educational services
while in that placement.
3. Through a certificate of educational convenience if the child is attending a
public school not within the child's school district of residence as provided in section
15-825.
4. By the home school district, pursuant to a contract with a public or private
school as provided in subsection D of this section, if the home school district is unable
to provide satisfactory education and services through its own facilities and personnel.
M. The department of economic security or the department of health services,
whichever is appropriate, shall determine if the child placed for purposes of special
education in a private or public school and concurrent out-of-home care is covered by an
insurance policy which provides for inpatient or outpatient child or adolescent
psychiatric treatment. The appropriate state agency may only pay charges for treatment
costs that are not covered by an insurance policy. Notwithstanding any other law, the
appropriate state agency may pay for placement costs of the child before the verification
of applicable insurance coverage. On the depletion of insurance benefits, the
appropriate state agency shall resume payment for all noneducational and nonmedical costs
incurred in the treatment of the child. The appropriate state agency may request the
child's family to contribute a voluntary amount toward the noneducational and nonmedical
costs incurred as a result of residential placement of the child. The amount which the
appropriate state agency requests the child's family to contribute shall be based on
guidelines in the rules of the appropriate state agency governing the determination of
contributions by parents and estates. Nothing in this subsection shall be construed to
require parents to incur any costs for required special education and related services or
shall be construed to result in a reduction in lifetime insurance benefits available for
a child with a disability.
N. If appropriate services are offered by the school district and the parent or the
child chooses for the child to attend a private facility, either for day care or for
twenty-four hour care, neither the school district nor the respective agency is obligated
to assume the cost of the private facility. If residential twenty-four hour care is
necessitated by factors such as the child's home condition and is not related to the
special educational needs of the child, the agency responsible for the care of the child
is not required to pay any additional costs of room and board and nonmedical expenses
pursuant to this section.
15-766 Evaluation of child for placement in special education program; due process hearing procedures
A. A special education referral shall be made under the direction of the chief
administrative official of the school district or county, or such person officially
designated as responsible for special education, after consultation with the parent or
guardian.
B. Before a child who is suspected of having a disability is placed in a special
education program, an evaluation shall be made of the capabilities and limitations of the
child. A reevaluation shall be conducted at least every three years to determine if the
disability remains and to determine continued placement in a special education program.
The evaluation and reevaluations shall be made by a multidisciplinary evaluation team
under the direction of the chief administrative official of the school district or county
or such person officially designated as responsible for special education. The team
shall review existing evaluation data and shall collect additional data, if necessary, to
determine the eligibility of the pupil for special education and to develop an
appropriate individual education program. The school district or county may conduct
joint evaluations, directly or indirectly with the department of economic security, the
department of health services, the department of juvenile corrections and the juvenile
courts, or the school district may contract with any state agency or department for all
or a portion of the components of the evaluations required by this section. The
determination of eligibility for special education services is solely the responsibility
of the multidisciplinary evaluation team. The evaluation pursuant to this section shall
contain in writing, but is not limited to:
1. A review of current evaluations, including types of tests and the results of
those tests.
2. Information provided by the parents, including medical and developmental
information and history.
3. Educational history, including the reason for the referral, current classroom
based assessments and observations by teachers and related service providers.
4. Documentation of whether the child's educational problems are related to or
resulting primarily from reasons of educational disadvantage.
5. A determination of whether the child has a category of disability as prescribed
in section 15-761.
6. The child's present levels of academic performance and current educational
needs.
7. A determination of whether the child needs special education and related
services.
8. A determination of whether any additions or modifications are needed to allow
the child to progress in the general curriculum.
C. The results of the evaluation shall be submitted in writing and with
recommendations to the chief administrative official of the school district or county or
to such person designated by the chief administrative official as responsible for special
education.
D. Any of the evaluation components that are enumerated in subsection B of this
section, that are less than three years old and that are appropriate to consider under
the specific circumstances may be shared by and among state agencies for the purpose of
expediting completion of the evaluation and placement process.
E. The chief administrative official of the school district or county or the person
officially designated as responsible for special education shall place the child, based
upon the consensus recommendation of the individualized education program team and
subject to due process pursuant to 20 United States Code section 1415, except that a
child shall not be placed in a special education program without the approval of the
child's parent or guardian, or retained in such a program without actual notice to the
parent or guardian.
F. The due process hearing procedures prescribed in this section extend to the
parents of a child, a student who has reached the age of majority or the public
educational agency or agencies involved in any decisions regarding the student. All due
process hearings shall be conducted in accordance with federal and state laws governing
the educational rights of children with known or suspected disabilities. The state board
of education shall adopt rules for implementing this section that comply with the
following:
1. The parent, the adult student or the public educational agency or agencies may
initiate due process hearing procedures under either of the following circumstances:
(a) There is a proposal to initiate or change the identification, evaluation or
educational placement of the child, or the provision of a free appropriate public
education to the child.
(b) There is a refusal to initiate or change the identification, evaluation or
educational placement of the child, or the provision of a free appropriate public
education to the child.
2. Either the parent, the adult student or the public educational agency or
agencies may initiate a due process hearing by submitting a written request to the state
educational agency or the public educational agency involved in any decisions regarding
the student. The state educational agency shall provide a model form that any party may
use in requesting a due process hearing. The public educational agency shall promptly
forward any requests received to the state educational agency. Any request received by
the state educational agency shall be transmitted immediately to the office of
administrative hearings and the public educational agency.
3. A decision made in a hearing conducted pursuant to this section shall be final,
except that any party involved in a hearing may bring a civil action in any court of
competent jurisdiction without regard to the amount in controversy.
G. The public educational agency shall pay all costs incurred by the office of
administrative hearings associated with any hearing conducted pursuant to this section
and the public educational agency or a public agency pool operated pursuant to section
11-952.01 in which the public educational agency participates shall contract with the
office of administrative hearings for this purpose.
H. Title 41, chapter 6, article 10 shall apply to all hearings to the extent not
inconsistent with this section and federal and state law regarding the education of
students with disabilities. 15-767 Review of special education placement; report of educational progress
The parents of each child who is placed in a special education program shall receive
reports of the child's progress in the general curriculum and the child's progress in
meeting the goals stated in the child's individualized education program at least as
often as progress reports are given to parents of children who are not placed in special
education programs. The reports of the child's progress shall address whether the child's
progress is sufficient to enable the child to achieve the goals stated in the child's
individualized education program by the end of the school year.
15-769 Appropriation and apportionment; approval of program
A. Except as provided in this section, any pupil who is a child with a disability
shall be included in the entitlement to state aid computed as provided in chapter 9,
article 5 of this title and apportionment made as provided in section 15-973.
B. A district may budget using the group B weight for a homebound child with a
disability if the educational program meets the minimum standards established by the
state board of education. For purposes of computing the base support level, a school
district shall not classify a pupil in more than one category of disability.
C. The appropriations and apportionment as provided in chapter 9, article 5 of this
title shall not be granted to the governing board of a school district or county school
superintendent unless the school district or county complies with this article and the
conditions and standards prescribed by the superintendent of public instruction pursuant
to rules of the state board of education for pupil identification and placement pursuant
to sections 15-766 and 15-767.
D. If a pupil with a group B disability does not receive special education
instructional services but receives at least one ancillary service, the pupil shall be
considered a special education pupil for the group B funding. If the category of
disability has both a resource and self-contained weight, the pupil shall be classified
as in a resource program. For the purposes of this subsection, "ancillary service" means
one of the following:
1. Physical therapy.
2. Occupational therapy.
3. Orientation and mobility training.
4. Sign language interpretation services.
5. A full-time aide needed for an individual pupil to benefit from the pupil's
educational program as specified in the pupil's individualized education program. 15-771 Preschool programs for children with disabilities; definition
A. Each school district shall make available an educational program for preschool
children with disabilities who reside in the school district and who are not already
receiving services that have been provided through the department of education. The
state board of education shall prescribe rules for use by school districts in the
provision of educational programs for preschool children with disabilities. School
districts are required to make available educational programs for and, for the purposes
of calculating average daily attendance and average daily membership, may count only
those preschool children who meet the definition of one of the following conditions:
1. Hearing impairment.
2. Visual impairment.
3. Preschool moderate delay.
4. Preschool severe delay.
5. Preschool speech/language delay.
The school district may make available an educational program for speech or language
impaired preschool children whose performance on a standardized language test measures
one and one-half standard deviations, or less, below the mean for children of their
chronological age. The superintendent of public instruction shall prescribe guidelines
for the eligibility of speech or language impaired children, except that eligibility
under this subsection is appropriate only when a comprehensive developmental assessment
or norm-referenced assessment and parental input indicate that the child is not eligible
for services under another preschool category.
B. The state board of education shall annually distribute to school districts at
least ten per cent of the monies it receives under 20 United States Code section
1411(c)(2) for preschool programs for children with disabilities. The state board shall
prescribe rules for the distribution of the monies to school districts.
C. The governing board of a school district may submit a proposal to the state
board of education as prescribed by the state board to receive monies for preschool
programs for children with disabilities as provided in this section. A school district
which receives monies as provided in this section shall include the monies in the special
projects section of the budget as provided in section 15-903, subsection F.
D. All school districts shall cooperate, if appropriate, with community
organizations that provide services to preschool children with disabilities in the
provision of the district's preschool program for children with disabilities.
E. A school district may not admit a child to a preschool program for children with
disabilities unless the child is evaluated and recommended for placement as provided in
sections 15-766 and 15-767.
F. For the purpose of allocating monies pursuant to 20 United States Code section
1419(g)(1)(B)(i), "jurisdiction" includes high school pupils whose parents reside within
the boundaries of a common school district. The common school district shall ensure such
high school pupils are not counted by any other school district.
G. For purposes of this section, "preschool child" means a child who is at least
three years of age but who has not reached the age required for kindergarten. A preschool
child is three years of age as of the date of the child's third birthday. The governing
board of a school district may admit otherwise eligible children who are within ninety
days of their third birthday, if it is determined to be in the best interest of the
individual child. Children who are admitted to programs for preschool children prior to
their third birthday are entitled to the same provision of services as if they were three
years of age.
15-773 Transfer of parental rights at age of majority
A. When a pupil with a disability reaches eighteen years of age, all rights
previously accorded to the pupil's parent under part B of the individuals with
disabilities education act (20 United States Code sections 1400 through 1420) and all
rights previously accorded to the pupil's parent under the laws of this state are
transferred to the pupil, unless the pupil has been declared legally incompetent.
B. A pupil with a disability who is at least eighteen years of age but under
twenty-two years of age and who has not been declared legally incompetent, and who
manifests the capacity to give and gives informed consent, may execute a delegation of
right to make educational decisions pursuant to this section for the purpose of
appointing the pupil's parent or agent to represent the educational interests of the
pupil. A student shall have the right to terminate the agreement at any time and resume
the right to make decisions regarding their education.
C. The delegation of right to make educational decisions shall meet all of the
following requirements:
1. Contain language indicating the pupil is eighteen years of age or older but
under twenty-two years of age.
2. Contain language that the pupil intends to delegate the pupil's educational
rights under state and federal law to a specified individual who is at least eighteen
years of age.
3. Contain language that the pupil has not been declared legally incompetent.
4. Contain language that the pupil is entitled to be present during the development
of any individualized education plan and that any issues or concerns raised by the pupil
will be addressed.
5. Not exceed one year in duration, but may be renewed with the written or other
formal authorization of the pupil and the person who accepts the delegation each year
until the pupil reaches twenty-two years of age.
6. Contain language permitting the pupil to terminate at any time.
7. Be signed by the pupil or contain some other manifestation of assent that the
pupil has agreed to the terms of the delegation.
8. Be signed or assented to by the person who accepts the delegation.
9. Be notarized.
D. A notarized instrument that is signed or assented to by the pupil and the person
who accepts the delegation and that is in substantially the following form shall be
presumed to satisfy the requirements of subsection C:
Delegation of Right to Make Educational Decisions
I, __________________, am eighteen years of age but under twenty-two
years of age and a pupil who has the right to make educational decisions for
myself under state and federal law. I have not been declared legally
incompetent, and as of the date of the execution of this document, I delegate
my right to give consent and to make decisions concerning educational matters
to __________________, who will be considered my "parent" for the purposes of
20 United States Code section 1401 and will exercise all the rights and
responsibilities concerning my education that are conferred on a parent
pursuant to state and federal law. I understand and give my consent that
______________ will make all decisions relating to my education on my behalf.
I understand that I am entitled to be present during the development of any
individualized education plan and that any issues or concerns I may have will
be addressed. This delegation will be in effect for one year from today's date
and may be renewed only by my written or formal authorization. I understand
that I have the right to terminate this agreement at any time and resume the
right to make decisions regarding my education.
E. The delegation of right to make educational decisions pursuant to this section
may be given in writing, by audio or video means or in any other alternative format that
is necessitated by the pupil's disability.
15-774 Extraordinary special education needs fund; grant application; criteria
A. The extraordinary special education needs fund is established consisting of
legislative appropriations, gifts, grants and donations. Monies in the fund are subject
to legislative appropriation and are exempt from the provisions of section 35-190
relating to lapsing of appropriations. The state board of education shall administer the
fund.
B. A school district may apply to the state board of education for an extraordinary
special education needs grant from the fund. The state board of education shall prescribe
the format of the applications. The applications shall include the following:
1. Demonstration of extraordinary needs, including a description and documentation
of pupil services required and evidence that the district is not able to absorb the costs
of these services.
2. Evidence that monies from the fund will not supplant federal, local or other
state efforts.
3. Evidence that before making an application for monies from the fund the school
district has made sufficient efforts to seek but has not received funding to cover the
extraordinary costs applied for pursuant to paragraph 1 of this subsection from all other
sources, including federal and other state sources of funding.
C. Extraordinary special education needs grants shall be used in the current year.
All unspent grant monies shall be returned to the department of education at the end of
the fiscal year for deposit in the extraordinary special education needs fund.
15-779.01 Powers and duties of the school district governing board
A. The governing board of each school district shall provide gifted education to
gifted pupils identified as provided in this article.
B. The governing board may modify the course of study and adapt teaching methods,
materials and techniques to provide educationally for those pupils who are gifted and
possess superior intellect or advanced learning ability, or both, but may have an
educational disadvantage resulting from a disability or a 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 spoken. Programs and services
provided for gifted pupils as provided in this subsection may not be separate from
programs provided for other gifted pupils and may not be provided in facilities separate
from the facilities used for other gifted pupils. Identification of gifted pupils as
provided in this subsection shall be based on tests or subtests that are demonstrated to
be effective with special populations including those with a disability or difficulty
with the English language. 15-779.02 Gifted pupils; scope and sequence; annual financial report
A. The governing board of each school district shall develop a scope and sequence
for the identification process of and curriculum modifications for gifted pupils to
ensure that gifted pupils receive gifted education commensurate with their academic
abilities and potentials. the scope and the sequence shall:
1. Provide for routine screening for gifted pupils using one or more tests adopted
by the state board as prescribed in section 15-203, subsection A, paragraph 15 and
section 15-779.01. School districts may identify any number of pupils as gifted but shall
identify as gifted at least those pupils who score at or above the ninety-seventh
percentile, based on national norms, on a test adopted by the state board of education.
2. Include an explanation of how gifted education for gifted pupils differs from
regular education in such areas as:
(a) Content, including a broad based interdisciplinary curriculum.
(b) Process, including higher level thinking skills.
(c) Product, including variety and complexity.
(d) Learning environment, including flexibility.
B. The governing board shall submit the scope and the sequence to the department of
education for approval on or before July 1 if any changes were made during the previous
fiscal year. All school districts shall provide to gifted pupils gifted education
commensurate with their academic abilities and potentials.
C. If the governing board fails to submit the scope and sequence for gifted pupils
as prescribed in subsection B of this section or if the scope and sequence submitted by
the governing board fails to receive full approval by the superintendent of public
instruction, the school district is not eligible to receive state aid for the group A
weight for three per cent of the student count and shall compute the weighted student
count for pupils in group A as provided in section 15-943 by adjustment of the student
count accordingly. On or before December 1 of each year, the department of education
shall notify those school districts that appear to be in noncompliance and note the
specific areas of deficiencies that must be corrected on or before April 1 of the
following year to be eligible to use the actual student count rather than an adjusted
student count. On or before April 15 of each year, the department shall notify those
districts that must use an adjusted student count for the next fiscal year's state aid as
provided in chapter 9 of this title.
D. The annual financial report of a school district as prescribed in section 15-904
shall include the amount of monies spent on programs for gifted pupils and the number of
pupils enrolled in programs or receiving services by grade level. 15-779.03 Additional assistance for gifted programs
A. School districts that comply with section 15-779.01 and that submit evidence
that all district teachers who have primary responsibility for teaching gifted pupils
have obtained or are working toward obtaining the appropriate certification endorsement
as required by the state board of education may apply to the department of education for
additional funding for gifted programs equal to fifty-five dollars per pupil for three
per cent of the district's student count, or one thousand dollars, whichever is more. As
an alternate to the individual district application process, a governing board may
request that a county school superintendent apply on its behalf as part of an educational
consortium. The consortium may include school districts in more than one county. If
additional monies are available after funding all eligible school districts or
educational consortia, the additional monies shall be used to increase the per pupil
amount for each district or educational consortium funded. If sufficient monies are not
available to meet all requests, the state board of education shall determine the
allocation of monies based on the comprehensiveness across grade levels, appropriateness
to the population being served, utility and demonstrated effectiveness of the scope and
sequence and the likelihood of the school district's or educational consortium's proposed
program successfully meeting the needs of the gifted pupils. A school district shall
include the monies it receives for gifted programs and services under this section in the
special projects section of the budget.
B. School districts that receive additional assistance as provided in this section
shall conduct evaluation studies of their programs for the gifted and submit information
to the department of education regarding the results of their studies. The department
shall develop evaluation guidelines, reporting forms, procedures and timelines.
15-779 Definitions
In this article, unless the context otherwise requires:
1. "Gifted education" means expanded academic course offerings or advanced
supplemental services, or both, as may be required to provide an educational program that
is commensurate with the academic abilities and potential of a gifted pupil.
2. "Gifted pupil" means a child who is of lawful school age, who due to superior
intellect or advanced learning ability, or both, is not afforded an opportunity for
otherwise attainable progress and development in regular classroom instruction and who
needs gifted instruction or advanced supplemental services, or both, to achieve at levels
commensurate with the child's intellect and ability. 15-781.02 Meetings; majority required for validation; travel expenses; immunity
A. The state board of education shall hold four regular meetings annually at times
it directs under the provisions of section 15-784 for the purposes of providing career
and technical education and vocational education. Special meetings may be held on the
call of the presiding officer.
B. Concurrence of a majority of all members of the board is necessary for
validation of an act of the board.
C. Members shall be allowed travel expenses and reimbursement for subsistence, as
provided by title 38, chapter 4, article 2, to be paid on claims approved by the
superintendent of public instruction, as other claims against the state are paid, from
the appropriation for the board authorized in the general appropriations act.
D. Members of the board are immune from personal liability with respect to all acts
done and actions taken in good faith within the scope of their authority during duly
constituted regular and special meetings with approval of a majority of the board.
E. The superintendent of public instruction is the executive officer of the board. 15-781 Definitions
In this article, unless the context otherwise requires:
1. "Career and technical education and vocational education" means vocational and
technical preparation programs for pupils in grades nine through twelve.
2. "Occupation" means the principal employment, paid or unpaid, of a person.
3. "Program improvement services" means those activities, services and functions
carried out to develop, support and improve the quality of career and technical education
and vocational education programs, including teacher education, curriculum, guidance and
administration.
4. "Program standards" means models designed to serve as a guide in the
establishment, maintenance and evaluation of quality career and technical, vocational,
and technical education programs.
5. "Training provider" means an agency, council or organization providing career
and technical education and vocational education or employment training, or both.
6. "Unpaid employment" means work in recognized occupations for which there is no
direct financial compensation.
7. "Vocational and technical preparation" means an organized set of specialized
courses which is directly related to the preparation of persons for occupations that
normally do not require a baccalaureate or advanced degree for paid or unpaid employment
or advancement and which is designed in total to provide a pupil with sufficient skills
for entry into an occupation.
15-782.02 Career and technical education and vocational education programs; expanded hours; tuition
(L04, ch 263, sec 3. Eff. 7/1/06)
A. School districts with career and technical education and vocational education
programs may offer vocational educational services without regard to students' age or
high school graduation status. Persons over twenty-two years of age shall not attend
vocational programs in high school buildings during regular school hours. The department
of education shall distribute twenty-six dollars for every day that a full-time student
attends an extended year or summer school program in a joint technological education
district and thirteen dollars for every day that a part-time student attends an extended
year or summer school program in a joint technological education district, subject to
appropriation except that the department of education shall not distribute monies
pursuant to this section for any student who has either graduated from high school or
obtained a general education diploma or who has reached twenty-two years of age,
whichever occurs first.
B. School districts with career and technical education and vocational education
programs may operate those programs for more than one hundred seventy-five days per year,
with expanded hours of service.
C. Career and technical education and vocational education programs run by school
districts may charge tuition to offset expenses associated with serving adult students.
15-782.02 Career and technical education and vocational education programs; expanded hours; tuition
(L04, ch 263, sec 2)
A. School districts with career and technical education and vocational education
programs may offer vocational educational services without regard to students' age or
high school graduation status. Persons over twenty-two years of age shall not attend
vocational programs in high school buildings during regular school hours, except that a
person over twenty-two years of age may attend vocational programs on a campus that is
not a comprehensive high school campus during regular school hours in a county with a
population that exceeds one million persons pursuant to section 15-393, subsection D,
paragraph 5 if the vocational program has additional student capacity after the
enrollment of persons twenty-two years of age or younger, except that a student who is
over twenty-two years of age shall not be included in the student count of the joint
district for the purposes of chapter 9, articles 3, 4 and 5 of this title. The governing
board of the joint technological education district shall adopt policies that prescribe
the circumstances under which students who are twenty-two years of age or younger and
persons who are over twenty-two years of age and who are attending vocational programs
are allowed in the same classroom at the same time. The policies shall be designed to
maximize the safety of students who are twenty-two years of age or younger and who attend
programs during regular school hours, including requiring the presence of security
personnel on campus. Vocational programs offered by a joint technological education
district to persons over twenty-two years of age shall be limited to a high school
curriculum unless the programs are offered in conjunction with a community college
district. The department of education shall distribute twenty-six dollars for every day
that a full-time student attends an extended year or summer school program in a joint
technological education district and thirteen dollars for every day that a part-time
student attends an extended year or summer school program in a joint technological
education district, subject to appropriation except that the department of education
shall not distribute monies pursuant to this section for any student who has either
graduated from high school or obtained a general education diploma or who has reached
twenty-two years of age, whichever occurs first.
B. School districts with career and technical education and vocational education
programs may operate those programs for more than one hundred seventy-five days per year,
with expanded hours of service.
C. Career and technical education and vocational education programs run by school
districts may charge tuition to offset expenses associated with serving adult students.
15-782 Career and technical education and vocational education
A. A school having satisfactory facilities and equipment and which is fit to
provide career and technical education and vocational education, such as agriculture,
business and office education, health occupations, home economics, industrial education,
marketing and distribution and public and personal services, shall, upon application made
by the governing board to the state board of education, be designated to maintain a
department consisting of such career and technical education and vocational education
programs and program improvement services for pupils in grades seven through twelve.
B. Instruction in the department shall be of a practical character.
C. The governing board shall employ trained instructors with qualifications fixed
by the state board of education, shall provide suitable classrooms and laboratory
facilities for such instruction according to rules established by the state board of
education and may provide a tract of land, together with buildings, machinery, tools,
equipment and appliances, suitable for field work in agriculture.
15-783 Evaluation of career and technical education and vocational education programs
The governing board of a school district shall provide for a self-evaluation of its
career and technical education and vocational education programs annually. The
assessment shall be conducted in cooperation with and with assistance from business,
industry or labor representatives. The evaluation shall be conducted in the manner
prescribed by the state board of education and the results shall be submitted to the
department of education as prescribed by the state board.
15-784 Vocational education; acceptance of congressional acts; appropriation; distribution of federal monies
A. The state assents to the provisions and accepts the benefits of the vocational
education act of 1917, as amended, and the Carl D. Perkins vocational education act of
1984, as amended by the Carl D. Perkins vocational and applied technological education
act amendments of 1990, as amended by the Carl D. Perkins vocational and applied
technology act of 1998.
B. The state board of education is the state board of vocational education for the
purposes of the acts. The state treasurer is designated custodian for vocational
education for the purposes of the acts. The state treasurer shall receive and provide
for the custody and disbursement of all monies paid to the state for the purposes of
vocational education.
C. There is appropriated from the general fund of the state sufficient monies to
meet the requirements of the acts of Congress.
D. The state board of education may distribute the monies it receives as provided
in subsection A to any eligible recipient of the monies under the federal law.
E. The state board of education shall distribute to the community college districts
in this state at least fifteen per cent of the monies received as provided in subsection
A. Provisional community college districts are not eligible to receive monies pursuant to
this section.
15-785 Career and technical education and vocational education schools; expenses; allocations from federal funds
Any school district may organize schools or classes in accordance with the
provisions of the federal law accepted by section 15-784 and the rules and regulations of
the state board of education. The school district shall be eligible for allocations from
federal funds and from the appropriation for the state board of an amount which is not
more than seventy-five per cent of all the expenditures for vocational education in such
schools or classes. The state board shall make allocations upon signed statements of
assurances and reports from the school districts covering the details of such
expenditures.
15-786 Acceptance of gifts or grants; fund; unexpended monies
A. The state board of education may accept gifts or grants of monies or property
from public or private sources. The state board shall place the monies in a separate
account designated as the career and technical education and vocational education fund.
B. If all or part of the monies accepted by the state board as provided in
subsection A are not expended prior to the end of the fiscal year in which the gift or
grant was accepted, the remaining balance of the amount remains in the career and
technical education and vocational education fund until needed and does not revert to the
state general fund at the close of the fiscal year.
15-787 Eligibility; allocation; plan
A. A school district or a district formed for the purposes of this article as
prescribed by the terms of this article may be eligible for allocation of funds from the
state board of education provided the district offering career and technical education
and vocational education meets minimum standards and requirements approved by the state
board of vocational education.
B. The state board of education may allocate from its available appropriation any
amount it deems appropriate for the use of a school district or a district formed for the
purposes of this article, and such allocation may be for administrative costs, equipment
or capital outlay.
C. The state board of education shall develop a state plan for career and technical
education and vocational education which provides for the distribution of career and
technical education and vocational education funds to school districts or districts
formed for the purposes of this article meeting the minimum requirements provided for in
the state plan for career and technical education and vocational education.
15-788 Exemption from certain requirements; exception
A. Any building, structure, addition or alteration constructed by vocational
education students shall be exempt from section 34-201 and title 41, chapter 23 and may
be constructed without advertising for bids. This exemption shall not be construed to
permit teaching or nonteaching school personnel to do any construction, building or
alteration to a building while under the jurisdiction of a school program without
complying with section 34-201 and title 41, chapter 23.
B. All purchases of supplies, materials and equipment for such construction by
career and technical education and vocational education students shall follow bidding
procedures as established by the state board of education pursuant to section 15-213.
15-789 Contracting and cooperative arrangements for career and technical education and vocational education; advisory committee
A. The governing board of a school district may contract with any public body or
with any private person for the purpose of providing career and technical education and
vocational education. For the purposes of this subsection, school districts are exempt
from section 15-213.
B. School districts or community college districts may independently or jointly
make application for career and technical education and vocational education monies.
C. School districts and community college districts may provide for joint
cooperation among themselves and with each other and with any educational institution
eligible to receive career and technical education and vocational education monies as
provided in section 15-784 for the purposes of providing career and technical education
and vocational education and for the use of each other's facilities and personnel.
D. School districts, among themselves or with community college districts, may
jointly purchase, sell, lease or lease-purchase land, buildings or other real or personal
property for the purposes of providing career and technical education and vocational
education, including establishing a jointly owned and operated vocational and technical
center, if:
1. The districts enter into an intergovernmental agreement pursuant to section
11-952.
2. The state board of education and, if a community college district is a party to
the agreement, the governing board of the community college district approve the
intergovernmental agreement.
E. If one or more school districts, among themselves or with a community college
district, enter into an intergovernmental agreement to establish a jointly owned and
operated vocational and technical center, the governing boards of the districts shall
establish a joint advisory committee for the vocational and technical center consisting
of:
1. At least one member of each school district governing board or a designated
district staff representative appointed by the respective school district governing
board.
2. If a community college is a party to the agreement, members of the community
college district board or designated district staff representatives appointed by the
community college district board equal in number to the total number of persons appointed
pursuant to paragraph 1 of this subsection.
3. Members engaged in commerce or industry in this state equal in number to the
total number of persons appointed pursuant to paragraph 1 of this subsection, jointly
appointed by the district governing boards.
F. A school district and a community college district may jointly accept gifts or
grants of monies, land or other real or personal property for the purpose of providing
career and technical education and vocational education and may administer or dispose of
the property in accordance with the purpose of the gift or grant. 15-790 Primary responsibility of school districts, community college districts and universities
A. School district governing boards have the primary responsibility for providing
career exploration and entry level career and technical education and vocational
education.
B. Community college district governing boards have the primary responsibility for
providing postsecondary technological education and advanced career and technical
education and vocational education, including the retraining and upgrading of a student's
occupational skills. Community college district governing boards in conjunction with the
state board for private postsecondary education have the major responsibility for
providing career and technical education and vocational education which focuses on the
economic development of this state.
C. Universities have the primary responsibility for research related to career and
technical education and vocational education.
15-796 Alternative education programs; contract with public body or private persons; definition
A. The governing board of a school district may contract with any public body or
private person for the purpose of providing alternative education programs.
B. On the approval of the parent or guardian of a pupil or of a pupil who is an
emancipated person, the superintendent of a school district may recommend to the
governing board the placement of the pupil in an alternative education program as
provided in this article.
C. For the purposes of this section, "alternative education" means the modification
of the school course of study and adoption of teaching methods, materials and techniques
to provide educationally for those pupils in grades six through twelve who are unable to
profit from the regular school course of study and environment.
15-797 Financial provisions for pupils in alternative education programs
A. School districts may count pupils for daily attendance as provided in section
15-901 who are not actually and physically in attendance in a recognized common or high
school but who are enrolled in and actually and physically in attendance in an
alternative education program which is provided by any public body or private person and
which meets the standards that the state board of education and the governing board
prescribe for the course of study given in the common and high schools.
B. The governing board of a school district shall prescribe procedures for
verifying the attendance of pupils enrolled in an alternative education program which is
provided by any public body or private person.
C. The governing board may make payments for the cost of the education of pupils as
provided in this article not to exceed the cost per student count as provided in section
15-824, subsection G.
D. School districts operating alternative schools pursuant to this section and
charter schools operating on approved alternative calendars pursuant to section 15-183
may count pupils as having attended full time in any week for which the pupil was
enrolled in and physically attended at least twenty hours of instruction during that
week.
E. School districts operating alternative schools pursuant to this section and
charter schools operating on approved alternative calendars pursuant to section 15-183
shall comply with the annual hours of instruction requirement pursuant to section 15-901.
15-798 Governing board responsibility
Notwithstanding the provisions of this article, governing boards retain the
responsibility for the education of the pupils under their jurisdiction.
