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Arizona - HB2185 - high school pupils; attendance hours
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Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • BILL STATUS OVERVIEW 
    HB2185
    SPONSORS: SEEL P
    TITLE: high school pupils; attendance hours
    HOUSE FIRST READ: 01/20/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    01/20/10 ED
    01/20/10 RULES
    HOUSE SECOND READ: 01/21/10
    FINAL DISPOSITION: Held in Committees
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    REFERENCE TITLE: high school pupils; attendance hours

     

     

     

     

    State of Arizona

    House of Representatives

    Forty-ninth Legislature

    Second Regular Session

    2010

     

     

    HB 2185

     

    Introduced by

    Representative Seel

     

     

    AN ACT

     

    amending section 15‑901, Arizona Revised Statutes; relating to school finance.

     

     

    (TEXT OF BILL BEGINS ON NEXT PAGE)

     



    Be it enacted by the Legislature of the State of Arizona:

    Section 1.  Section 15-901, Arizona Revised Statutes, is amended to read:

    START_STATUTE15-901.  Definitions

    A.  In this title, unless the context otherwise requires:

    1.  "Average daily attendance" or "ADA" means actual average daily attendance through the first one hundred days or two hundred days in session, as applicable.

    2.  "Average daily membership" means the total enrollment of fractional students and full‑time students, minus withdrawals, of each school day through the first one hundred days or two hundred days in session, as applicable, for the current year.  Withdrawals include students formally withdrawn from schools and students absent for ten consecutive school days, except for excused absences as identified by the department of education.  For computation purposes, the effective date of withdrawal shall be retroactive to the last day of actual attendance of the student.

    (a)  "Fractional student" means:

    (i)  For common schools, until fiscal year 2001‑2002, a preschool child who is enrolled in a program for preschool children with disabilities of at least three hundred sixty minutes each week or a kindergarten student at least five years of age prior to January 1 of the school year and enrolled in a school kindergarten program that meets at least three hundred forty‑six instructional hours during the minimum number of days required in a school year as provided in section 15‑341.  In fiscal year 2001‑2002, the kindergarten program shall meet at least three hundred forty‑eight hours.  In fiscal year 2002‑2003, the kindergarten program shall meet at least three hundred fifty hours.  In fiscal year 2003‑2004, the kindergarten program shall meet at least three hundred fifty‑two hours.  In fiscal year 2004‑2005, the kindergarten program shall meet at least three hundred fifty‑four hours.  In fiscal year 2005‑2006 and each fiscal year thereafter, the kindergarten program shall meet at least three hundred fifty‑six hours.  Lunch periods and recess periods may not be included as part of the instructional hours unless the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented.  In computing the average daily membership, preschool children with disabilities and kindergarten students shall be counted as one‑half of a full‑time student.  For common schools, a part‑time student is a student enrolled for less than the total time for a full‑time student as defined in this section.  A part‑time common school student shall be counted as one‑fourth, one‑half or three‑fourths of a full‑time student if the student is enrolled in an instructional program that is at least one‑fourth, one‑half or three‑fourths of the time a full‑time student is enrolled as defined in subdivision (b) of this paragraph.

    (ii)  For high schools, a part‑time student who is enrolled in less than four subjects that count toward graduation as defined by the state board of education in a recognized high school and who is taught in less than twenty instructional hours per week prorated for any week with fewer than five school days.  A part‑time high school student shall be counted as one‑fourth, one‑half or three‑fourths of a full‑time student if the student is enrolled in an instructional program that is at least one‑fourth, one‑half or three‑fourths of a full‑time instructional program as defined in subdivision (c) of this paragraph.

    (b)  "Full‑time student" means:

    (i)  For common schools, a student who is at least six years of age prior to January 1 of a school year, who has not graduated from the highest grade taught in the school district and who is regularly enrolled in a course of study required by the state board of education.  Until fiscal year 2001‑2002, first, second and third grade students, ungraded students at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities who are at least five, but under six, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least six hundred ninety‑two hours during the minimum number of days required in a school year as provided in section 15‑341.  In fiscal year 2001‑2002, the program shall meet at least six hundred ninety‑six hours.  In fiscal year 2002‑2003, the program shall meet at least seven hundred hours. In fiscal year 2003‑2004, the program shall meet at least seven hundred four hours.  In fiscal year 2004‑2005, the program shall meet at least seven hundred eight hours.  In fiscal year 2005‑2006 and in each fiscal year thereafter, the program shall meet at least seven hundred twelve hours.  Until fiscal year 2001‑2002, fourth, fifth and sixth grade students or ungraded students at least nine, but under twelve, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least eight hundred sixty‑five hours during the minimum number of school days required in a school year as provided in section 15‑341.  In fiscal year 2001‑2002, the program shall meet at least eight hundred seventy hours.  In fiscal year 2002‑2003, the program shall meet at least eight hundred seventy‑five hours. In fiscal year 2003‑2004, the program shall meet at least eight hundred eighty hours.  In fiscal year 2004‑2005, the program shall meet at least eight hundred eighty‑five hours.  In fiscal year 2005‑2006 and each fiscal year thereafter, the program shall meet at least eight hundred ninety hours.  Until fiscal year 2001‑2002, seventh and eighth grade students or ungraded students at least twelve, but under fourteen, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least one thousand thirty‑eight hours during the minimum number of days required in a school year as provided in section 15‑341.  In fiscal year 2001‑2002, the program shall meet at least one thousand forty‑four hours.  In fiscal year 2002‑2003, the program shall meet at least one thousand fifty hours.  In fiscal year 2003‑2004, the program shall meet at least one thousand fifty‑six hours.  In fiscal year 2004‑2005, the program shall meet at least one thousand sixty‑two hours.  In fiscal year 2005‑2006 and each fiscal year thereafter, the program shall meet at least one thousand sixty‑eight hours.  Lunch periods and recess periods may not be included as part of the instructional hours unless the student is a child with a disability and the child's individualized education program requires instruction during those periods and the specific reasons for such instruction are fully documented.

    (ii)  For high schools, except as provided in section 15‑105, a student not graduated from the highest grade taught in the school district, or an ungraded student at least fourteen years of age by September 1, and enrolled in at least a full‑time instructional program of subjects that count toward graduation as defined by the state board of education in a recognized high school.  A full‑time student shall not be counted more than once for computation of average daily membership.

    (iii)  Except as otherwise provided by law, for a full‑time high school student who is concurrently enrolled in two school districts or two charter schools, the average daily membership shall not exceed 1.0.

    (iv)  Except as otherwise provided by law, for any student who is concurrently enrolled in a school district and a charter school, the average daily membership shall be apportioned between the school district and the charter school and shall not exceed 1.0.  The apportionment shall be based on the percentage of total time that the student is enrolled in or in attendance at the school district and the charter school.

    (v)  Except as otherwise provided by law, for any student who is concurrently enrolled, pursuant to section 15-808, in a school district and Arizona online instruction or a charter school and Arizona online instruction, the average daily membership shall be apportioned between the school district and Arizona online instruction or the charter school and Arizona online instruction and shall not exceed 1.0.  The apportionment shall be based on the percentage of total time that the student is enrolled in or in attendance at the school district and Arizona online instruction or the charter school and Arizona online instruction.

    (vi)  For homebound or hospitalized, a student receiving at least four hours of instruction per week.

    (c)  "Full‑time instructional program" means:

    (i)  Through fiscal year 2000‑2001, at least four subjects, each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    (ii)  For fiscal year 2001‑2002, an instructional program that meets at least a total of seven hundred four hours during the minimum number of days required and includes at least four subjects each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty‑two hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    (iii)  For fiscal year 2002‑2003, an instructional program that meets at least a total of seven hundred eight hours during the minimum number of days required and includes at least four subjects each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty‑two hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    (iv)  For fiscal year 2003‑2004, an instructional program that meets at least a total of seven hundred twelve hours during the minimum number of days required and includes at least four subjects each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty‑three hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    (v)  For fiscal year 2004‑2005, an instructional program that meets at least a total of seven hundred sixteen hours during the minimum number of days required and includes at least four subjects each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty‑three hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    (vi)  For fiscal year 2005‑2006 and each fiscal year thereafter, an instructional program that meets at least a total of seven hundred twenty hours during the minimum number of days required and includes at least four subjects each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty‑three hours a year, or the equivalent, or one or more subjects taught in amounts of time totaling at least twenty hours per week prorated for any week with fewer than five school days.

    3.  "Budget year" means the fiscal year for which the school district is budgeting and which immediately follows the current year.

    4.  "Common school district" means a political subdivision of this state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through eight.

    5.  "Current year" means the fiscal year in which a school district is operating.

    6.  "Daily attendance" means:

    (a)  For common schools, days in which a pupil:

    (i)  Of a kindergarten program or ungraded, but not group B children with disabilities, and at least five, but under six, years of age by September 1 attends at least three‑quarters of the instructional time scheduled for the day.  If the total instruction time scheduled for the year is at least three hundred forty‑six hours but is less than six hundred ninety‑two hours such attendance shall be counted as one‑half day of attendance.  If the instructional time scheduled for the year is at least six hundred ninety‑two hours, "daily attendance" means days in which a pupil attends at least one‑half of the instructional time scheduled for the day. Such attendance shall be counted as one‑half day of attendance.

    (ii)  Of the first, second or third grades, ungraded and at least six, but under nine, years of age by September 1 or ungraded group B children with disabilities and at least five, but under six, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day.

    (iii)  Of the fourth, fifth or sixth grades or ungraded and at least nine, but under twelve, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day, except as provided in section 15‑797.

    (iv)  Of the seventh or eighth grades or ungraded and at least twelve, but under fourteen, years of age by September 1 attends more than three‑quarters of the instructional time scheduled for the day, except as provided in section 15‑797.

    (b)  For common schools, the attendance of a pupil at three‑quarters or less of the instructional time scheduled for the day shall be counted as follows, except as provided in section 15‑797 and except that attendance for a fractional student shall not exceed the pupil's fractional membership:

    (i)  If attendance for all pupils in the school is based on quarter days, the attendance of a pupil shall be counted as one‑fourth of a day's attendance for each one‑fourth of full‑time instructional time attended.

    (ii)  If attendance for all pupils in the school is based on half days, the attendance of at least three‑quarters of the instructional time scheduled for the day shall be counted as a full day's attendance and attendance at a minimum of one‑half but less than three‑quarters of the instructional time scheduled for the day equals one‑half day of attendance.

    (c)  For common schools, the attendance of a preschool child with disabilities shall be counted as one‑fourth day's attendance for each thirty‑six minutes of attendance not including lunch periods and recess periods, except as provided in paragraph 2, subdivision (a), item (i) of this subsection for children with disabilities up to a maximum of three hundred sixty minutes each week.

    (d)  For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil shall not be counted as a full day unless the pupil is actually and physically in attendance and enrolled in and carrying four subjects, each of which, if taught each school day for the minimum number of days required in a school year, would meet a minimum of one hundred twenty hours a year, or the equivalent, that count toward graduation in a recognized high school except as provided in section 15‑797 and subdivision (e) of this paragraph.  Attendance of a pupil carrying less than the load prescribed shall be prorated.

    (e)  For high schools or ungraded schools in which the pupil is at least fourteen years of age by September 1, the attendance of a pupil may be counted as one‑fourth of a day's attendance for each sixty minutes of instructional time in a subject that counts toward graduation, except that attendance for a pupil shall not exceed the pupil's full or fractional membership.

    (f)  For homebound or hospitalized, a full day of attendance may be counted for each day during a week in which the student receives at least four hours of instruction.

    (g)  For school districts which maintain school for an approved year‑round school year operation, attendance shall be based on a computation, as prescribed by the superintendent of public instruction, of the one hundred eighty days' equivalency or two hundred days' equivalency, as applicable, of instructional time as approved by the superintendent of public instruction during which each pupil is enrolled.

    7.  "Daily route mileage" means the sum of:

    (a)  The total number of miles driven daily by all buses of a school district while transporting eligible students from their residence to the school of attendance and from the school of attendance to their residence on scheduled routes approved by the superintendent of public instruction.

    (b)  The total number of miles driven daily on routes approved by the superintendent of public instruction for which a private party, a political subdivision or a common or a contract carrier is reimbursed for bringing an eligible student from the place of his residence to a school transportation pickup point or to the school of attendance and from the school transportation scheduled return point or from the school of attendance to his residence.  Daily route mileage includes the total number of miles necessary to drive to transport eligible students from and to their residence as provided in this paragraph.

    8.  "District support level" means the base support level plus the transportation support level.

    9.  "Eligible students" means:

    (a)  Students who are transported by or for a school district and who qualify as full‑time students or fractional students, except students for whom transportation is paid by another school district or a county school superintendent, and:

    (i)  For common school students, whose place of actual residence within the school district is more than one mile from the school facility of attendance or students who are admitted pursuant to section 15‑816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one mile from the school facility of attendance.

    (ii)  For high school students, whose place of actual residence within the school district is more than one and one‑half miles from the school facility of attendance or students who are admitted pursuant to section 15‑816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches and whose actual place of residence outside the school district boundaries is more than one and one‑half miles from the school facility of attendance.

    (b)  Kindergarten students, for purposes of computing the number of eligible students under subdivision (a), item (i) of this paragraph, shall be counted as full‑time students, notwithstanding any other provision of law.

    (c)  Children with disabilities, as defined by section 15‑761, who are transported by or for the school district or who are admitted pursuant to chapter 8, article 1.1 of this title and who qualify as full‑time students or fractional students regardless of location or residence within the school district or children with disabilities whose transportation is required by the pupil's individualized education program.

    (d)  Students whose residence is outside the school district and who are transported within the school district on the same basis as students who reside in the school district.

    10.  "Enrolled" or "enrollment" means when a pupil is currently registered in the school district.

    11.  "GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce for the four quarters of the calendar year.

    12.  "High school district" means a political subdivision of this state offering instruction to students for grades nine through twelve or that portion of the budget of a common school district which is allocated to teaching high school subjects with permission of the state board of education.

    13.  "Revenue control limit" means the base revenue control limit plus the transportation revenue control limit.

    14.  "Student count" means average daily membership as prescribed in this subsection for the fiscal year prior to the current year, except that for the purpose of budget preparation student count means average daily membership as prescribed in this subsection for the current year.

    15.  "Submit electronically" means submitted in a format and in a manner prescribed by the department of education.

    16.  "Total bus mileage" means the total number of miles driven by all buses of a school district during the school year.

    17.  "Total students transported" means all eligible students transported from their place of residence to a school transportation pickup point or to the school of attendance and from the school of attendance or from the school transportation scheduled return point to their place of residence.

    18.  "Unified school district" means a political subdivision of the state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through twelve.

    B.  In this title, unless the context otherwise requires:

    1.  "Base" means the revenue level per student count specified by the legislature.

    2.  "Base level" means:

    (a)  For fiscal year 2007‑2008, three thousand two hundred twenty‑six dollars eighty-eight cents.

    (b)  For fiscal year 2008-2009, three thousand two hundred ninety-one dollars forty-two cents.

    (c)  For fiscal year 2009‑2010, three thousand two hundred sixty‑seven dollars seventy‑two cents.

    3.  "Base revenue control limit" means the base revenue control limit computed as provided in section 15‑944.

    4.  "Base support level" means the base support level as provided in section 15‑943.

    5.  "Certified teacher" means a person who is certified as a teacher pursuant to the rules adopted by the state board of education, who renders direct and personal services to school children in the form of instruction related to the school district's educational course of study and who is paid from the maintenance and operation section of the budget.

    6.  "DD" means programs for children with developmental delays who are at least three years of age but under ten years of age.  A preschool child who is categorized under this paragraph is not eligible to receive funding pursuant to section 15-943, paragraph 2, subdivision (b).

    7.  "ED, MIMR, SLD, SLI and OHI" means programs for children with emotional disabilities, mild mental retardation, a specific learning disability, a speech/language impairment and other health impairments.  A preschool child who is categorized as SLI under this paragraph is not eligible to receive funding pursuant to section 15-943, paragraph 2, subdivision (b).

    8.  "ED‑P" means programs for children with emotional disabilities who are enrolled in private special education programs as prescribed in section 15‑765, subsection D, paragraph 1 or in an intensive school district program as provided in section 15‑765, subsection D, paragraph 2.

    9.  "ELL" means English learners who do not speak English or whose native language is not English, who are not currently able to perform ordinary classroom work in English and who are enrolled in an English language education program pursuant to sections 15‑751, 15‑752 and 15‑753.

    10.  "Full‑time equivalent certified teacher" or "FTE certified teacher" means for a certified teacher the following:

    (a)  If employed full time as defined in section 15‑501, 1.00.

    (b)  If employed less than full time, multiply 1.00 by the percentage of a full school day, or its equivalent, or a full class load, or its equivalent, for which the teacher is employed as determined by the governing board.

    11.  "Group A" means educational programs for career exploration, a specific learning disability, an emotional disability, mild mental retardation, remedial education, a speech/language impairment, developmental delay, homebound, bilingual, other health impairments and gifted pupils.

    12.  "Group B" means educational improvements for pupils in kindergarten programs and grades one through three, educational programs for autism, a hearing impairment, moderate mental retardation, multiple disabilities, multiple disabilities with severe sensory impairment, orthopedic impairments, preschool severe delay, severe mental retardation and emotional disabilities for school age pupils enrolled in private special education programs or in school district programs for children with severe disabilities or visual impairment and English learners enrolled in a program to promote English language proficiency pursuant to section 15‑752.

    13.  "HI" means programs for pupils with hearing impairment.

    14.  "Homebound" or "hospitalized" means a pupil who is capable of profiting from academic instruction but is unable to attend school due to illness, disease, accident or other health conditions, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for a period of not less than three school months or a pupil who is capable of profiting from academic instruction but is unable to attend school regularly due to chronic or acute health problems, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for intermittent periods of time totaling three school months during a school year.  The medical certification shall state the general medical condition, such as illness, disease or chronic health condition, that is the reason that the pupil is unable to attend school.  Homebound or hospitalized includes a student who is unable to attend school for a period of less than three months due to a pregnancy if a competent medical doctor, after an examination, certifies that the student is unable to attend regular classes due to risk to the pregnancy or to the student's health.

    15.  "K" means kindergarten programs.

    16.  "K‑3" means kindergarten programs and grades one through three.

    17.  "MD‑R, A‑R and SMR‑R" means resource programs for pupils with multiple disabilities, autism and severe mental retardation.

    18.  "MD‑SC, A‑SC and SMR‑SC" means self‑contained programs for pupils with multiple disabilities, autism and severe mental retardation.

    19.  "MDSSI" means a program for pupils with multiple disabilities with severe sensory impairment.

    20.  "MOMR" means programs for pupils with moderate mental retardation.

    21.  "OI‑R" means a resource program for pupils with orthopedic impairments.

    22.  "OI‑SC" means a self‑contained program for pupils with orthopedic impairments.

    23.  "PSD" means preschool programs for children with disabilities as provided in section 15‑771.

    24.  "P‑SD" means programs for children who meet the definition of preschool severe delay as provided in section 15‑771.

    25.  "Qualifying tax rate" means the qualifying tax rate specified in section 15‑971 applied to the assessed valuation used for primary property taxes.

    26.  "Small isolated school district" means a school district which meets all of the following:

    (a)  Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.

    (b)  Contains no school which is fewer than thirty miles by the most reasonable route from another school, or, if road conditions and terrain make the driving slow or hazardous, fifteen miles from another school which teaches one or more of the same grades and is operated by another school district in this state.

    (c)  Is designated as a small isolated school district by the superintendent of public instruction.

    27.  "Small school district" means a school district which meets all of the following:

    (a)  Has a student count of fewer than six hundred in kindergarten programs and grades one through eight or grades nine through twelve.

    (b)  Contains at least one school which is fewer than thirty miles by the most reasonable route from another school which teaches one or more of the same grades and is operated by another school district in this state.

    (c)  Is designated as a small school district by the superintendent of public instruction.

    28.  "Transportation revenue control limit" means the transportation revenue control limit computed as prescribed in section 15‑946.

    29.  "Transportation support level" means the support level for pupil transportation operating expenses as provided in section 15‑945.

    30.  "VI" means programs for pupils with visual impairments.

    31.  "Voc. Ed." means career and technical education and vocational education programs, as defined in section 15‑781. END_STATUTE



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  • Second Reading Calendar

    Thursday, January 21, 2010

    SECOND READING OF BILLS

     

    HB2113, HB2127, HB2146, HB2150, HB2154, HB2175-HB2176, HB2181-HB2187, HB2195, HB2198, HB2200, HB2203-HB2205, HB2210-HB2211, HB2213-HB2214, HB2216, HB2218, HB2224-HB2228, HB2235-HB2239, HB2243, HB2245-HB2247, HB2249, HB2257, HB2259-HB2261, HB2281, HB2283, HB2285, HB2288, HB2294, HB2297-HB2299, HB2347-HB2348, HB2350, HB2356, HB2358-HB2360, HB2418-HB2420, HB2422, HB2424-HB2425, HB2427-HB2428, HB2431-HB2432, HB2442-HB2443, HB2446, HB2450-HB2452, HB2459, HB2469, HB2471-HB2473, HB2514-HB2515,

     

     

    THE CLERK IS INSTRUCTED TO RECORD

    THE ACTION OF THE HOUSE

    First Reading Calendar 

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