A.R.S. § 15-801 — Arizona Code / Title 15 / Chapter 8 / Article 1 / Section 801
15-801 Holidays
Status: in_force

15-801. Holidays

When July 4, Veterans' Day, December 25 or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account.  School district governing boards may declare a recess during the Christmas holiday season of not to exceed two school weeks, and teachers shall receive compensation during the recess.
A.R.S. § 15-1639 — Arizona Code / Title 15 / Chapter 13 / Article 2 / Section 1639
15-1639 University recruitment and retention program for economically disadvantaged, minority and underrepresented student populations
Status: in_force

15-1639. University recruitment and retention program for economically disadvantaged, minority and underrepresented student populations

A. The three universities under the jurisdiction of the board of regents shall each establish a comprehensive plan to initiate new programs and expand existing student recruitment and retention programs directed at economically disadvantaged, minority and underrepresented student populations. The plan shall incorporate at least the following:

1. Programs which are directed at Arizona resident students and which include outreach programs established to work with potential students at the high school level.

2. A program overview which illustrates the coordination between existing and new recruitment and retention programs.

3. Methods for the evaluation of program impact and the establishment of target goals for success. The results of these evaluations shall be reported to the board of regents utilizing a standard format distributed by the board.

B. Monies appropriated for this program shall not be used to support remedial course work.

C. Students admitted to the universities must meet the admission criteria established by the board of regents.
A.R.S. § 15-1871 — Arizona Code / Title 15 / Chapter 14 / Article 7 / Section 1871
15-1871 Definitions
Status: in_force

15-1871. Definitions

In this article, unless the context otherwise requires:

1. "Account" means an individual trust account in the fund that is established as prescribed in this article.

2. "Account owner" means the person who enters into a tuition savings agreement pursuant to this article, who is an account owner within the meaning of section 529 of the internal revenue code and who is designated at the time an account is opened as having the right to withdraw monies from the account before the account is disbursed to or for the benefit of the designated beneficiary.

3. "Board" means the state board of investment.

4. "Designated beneficiary" means a person who qualifies as a designated beneficiary under section 529 of the internal revenue code and, except as provided in section 15-1875, subsections P and Q, with respect to an account, who is designated at the time the account is opened as the person whose qualified higher education expenses are expected to be paid from the account or, if this designated beneficiary is replaced in accordance with section 15-1875, subsections D, E and F, the replacement beneficiary.

5. "Eligible educational institution" means an institution of higher education that qualifies under section 529 of the internal revenue code as an eligible educational institution.

6. "Financial institution" means the state treasurer's office or any bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm or other similar entity that is authorized to do business in this state.

7. "Fund" means AZ529, Arizona's education savings plan trust fund that constitutes a public instrumentality of this state and that is established by section 15-1873.

8. "Member of the family" means any of the following:

(a) A son or daughter of a person or a descendant of the son or daughter of the person.

(b) A stepson or stepdaughter of a person.

(c) A brother, sister, stepbrother or stepsister of a person. For the purposes of this subdivision, "brother" and "sister" includes a brother or sister by the half-blood.

(d) The father or mother of a person or the ancestor of the father or mother of a person.

(e) A stepfather or stepmother of a person.

(f) A son or daughter of a person's brother or sister. For the purposes of this subdivision, "brother" and "sister" includes a brother or sister by the half-blood.

(g) A brother or sister of the person's father or mother. For the purposes of this subdivision, "brother" and "sister" includes a brother or sister by the half-blood.

(h) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law or sister-in-law of a person.

(i) The spouse of a person or the spouse of any individual described in this paragraph.

(j) A first cousin of a person.

(k) Any individual who meets the criteria for family membership described in this paragraph as a result of legal adoption.

9. "Nonqualified withdrawal" means a withdrawal from an account other than one of the following:

(a) A qualified withdrawal.

(b) A withdrawal made as the result of the death or disability of the designated beneficiary of an account.

(c) A withdrawal that is made on the account of a scholarship, or the allowance or payment described in section 135(d)(1)(B) or (C) of the internal revenue code, and that is received by the designated beneficiary, but only to the extent of the amount of this scholarship, allowance or payment.

(d) A rollover or change of designated beneficiary.

10. "Person" means an individual, an individual's legal representative or any other legal entity authorized to establish a savings account under section 529 of the internal revenue code and the corresponding regulations.

11. "Plan" means AZ529, Arizona's education savings plan that is established under this article and that constitutes a qualified tuition program as defined in section 529 of the internal revenue code.

12. "Qualified higher education expenses":

(a) Means:

(i) Tuition, fees, books, supplies, room and board and equipment required for a designated beneficiary to enroll at or attend an eligible educational institution.

(ii) Expenses for special needs services in the case of a special needs beneficiary that are incurred in connection with enrolling or attending, if these expenses meet the definition of qualified higher education expenses in section 529 of the internal revenue code.

(iii) Expenses to purchase a computer, peripheral equipment, computer software or internet access and related services if the computer equipment, software or services are to be used primarily by the beneficiary during the years the beneficiary is enrolled at an eligible educational institution and if these expenses meet the definition of qualified higher education expenses in section 529 of the internal revenue code.

(iv) Expenses for fees, books, supplies and equipment required for a designated beneficiary to participate in an apprenticeship program that is registered and certified with the United States secretary of labor under section 1 of the national apprenticeship act (50 Stat. 664; 29 United States Code section 50) if these expenses meet the definition of qualified higher education expenses in section 529 of the internal revenue code.

(b) Includes tuition to enroll in or attend an elementary or secondary public, private or religious school pursuant to section 529 of the internal revenue code.

(c) Includes amounts paid as principal or interest on any qualified education loan as defined in section 221(d) of the internal revenue code of the designated beneficiary or a brother, sister, stepbrother or stepsister of the designated beneficiary pursuant to section 529 of the internal revenue code.

13. "Qualified withdrawal" means a withdrawal from an account to pay any of the following:

(a) The qualified higher education expenses of the designated beneficiary of the account, but only if the withdrawal is made in accordance with this article.

(b) Tuition of less than $10,000 to enroll in or attend an elementary or secondary public, private or religious school pursuant to section 529 of the internal revenue code of the designated beneficiary of the account, but only if the withdrawal is made in accordance with this article.

(c) Amounts paid as principal or interest on any qualified education loan as defined in section 221(d) of the internal revenue code of the designated beneficiary or a brother, sister, stepbrother or stepsister of the designated beneficiary, but only if the withdrawal is made in accordance with this article.  The amount of qualified withdrawals under this article with respect to the loans of any designated beneficiary or a brother, sister, stepbrother or stepsister of the designated beneficiary may not exceed $10,000, reduced by the amount of withdrawals so treated for all prior taxable years.

14. "Section 529 of the internal revenue code" means section 529 of the internal revenue code of 1986, as amended, and the final regulations issued pursuant to that section.

15. "Treasurer" means the state treasurer.

16. "Trust interest" means an account owner's interest in the fund created by a tuition savings agreement for the benefit of a designated beneficiary.

17. "Tuition savings agreement" means an agreement between the board, as trustee of the fund, and an account owner that creates an interest in the fund and that provides for participation in the plan.
A.R.S. § 15-241.02 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 241.02
15-241.02 School improvement plans; solutions teams; withholding of state monies
Status: in_force

15-241.02. School improvement plans; solutions teams; withholding of state monies

A. If a school is assigned a letter grade of D pursuant to section 15-241, within ninety days after receiving notice of the classification, the school district governing board shall develop an improvement plan for the school, submit a copy of the plan to the superintendent of public instruction and the county educational service agency and supervise the implementation of the plan.  The governing board shall include in the plan necessary components as identified by the state board of education.  Within thirty days after submitting the improvement plan to the superintendent of public instruction and the county educational service agency, the governing board shall hold a public meeting in each school that has been assigned a letter grade of D and shall present the respective improvement plans that have been developed for each school.  The governing board, within thirty days after receiving notice of the classification, shall provide written notification of the classification to each residence within the attendance area of the school.  The notice shall explain the improvement plan process and provide information regarding the public meeting required by this subsection.

B. A school that has not submitted an improvement plan pursuant to subsection A of this section is not eligible to receive monies from the classroom site fund established by section 15-977 for every day that a plan has not been received by the superintendent of public instruction within the time specified in subsection A of this section plus an additional ninety days.  The state board of education shall require the superintendent of the school district to testify before the board and explain the reasons that an improvement plan for that school has not been submitted.

C. If a charter school is assigned a letter grade of D pursuant to section 15-241, within thirty days the school shall notify the parents of the students attending the school of the classification. The notice shall explain the improvement plan process and provide information regarding the public meeting required by this subsection. Within ninety days after receiving the classification, the charter holder shall present an improvement plan to the charter sponsor at a public meeting and submit a copy of the plan to the sponsor of the charter school.  The charter holder shall include in the improvement plan necessary components as identified by the state board of education.  The school is not eligible to receive monies from the classroom site fund established by section 15-977 for every day that an improvement plan has not been received by the sponsor of the charter school within the time specified in this subsection plus an additional ninety days. The charter holder shall appear before the sponsoring board and explain why the improvement plan has not been submitted.

D. If a school is assigned a letter grade of D pursuant to section 15-241 for a third consecutive year, the department of education shall visit the school site to confirm the classification data and to review the implementation of the school's improvement plan. The school shall be assigned a letter grade of F unless an alternate letter grade is assigned after an appeal pursuant to section 15-241, subsection J.  A school that is assigned a letter grade of D for fewer than three consecutive years may also be assigned a letter grade of F if the state board of education determines that there is no reasonable likelihood that the school will achieve an average level of performance within the next two years.

E. The superintendent of public instruction and the county educational service agency shall collaborate to assign a solutions team to a school assigned a letter grade of D pursuant to section 15-241 or a school assigned a letter grade of F pursuant to section 15-241 based on academic need and available resources. County educational service agencies may enter into agreements to provide services to schools from other counties.  Any other school, subject to available resources, may be assigned a solutions team pursuant to a mutual agreement between the department of education or the county education service agency, or both, and the school.  The solutions team shall be composed of master teachers, fiscal analysts and curriculum assessment experts who are certified by the state board of education as Arizona academic standards technicians.  The department of education or the county educational service agency may hire or contract with administrators, principals and teachers who have demonstrated experience in improving academic outcomes and may use these personnel as part of the solutions team. The department of education shall work with staff at the school to assist in curricula alignment and shall instruct teachers on how to increase pupil academic progress, considering the school's annual achievement profile.  The solutions team shall consider the existing improvement plan to assess the need for changes to curricula, professional development and resource allocation and shall present a statement of its findings to the school administrator and district superintendent.  Within forty-five days after the presentation of the solutions team's statement of findings, the school district governing board, in cooperation with each school within the school district that is assigned a letter grade of D and its assigned solutions team representative, shall develop and submit to the department of education and the county educational service agency an action plan that details the manner in which the school district will assist the school as the school incorporates the findings of the solutions team into the improvement plan.  The department of education shall review the action plan and shall either accept the action plan or return the action plan to the school district for modification.  If the school district does not submit an approved action plan within forty-five days, the state board of education may direct the superintendent of public instruction to withhold up to ten percent of state monies that the school district would otherwise be entitled to receive each month until the plan is submitted to the department of education and the county educational service agency, at which time those monies shall be returned to the school district.

F. The parent or guardian of a pupil may apply to the department of education, in a manner determined by the department of education, for a certificate of supplemental instruction from the failing schools tutoring fund established by section 15-241.  Pupils attending a school assigned a letter grade of D or F may select an alternative tutoring program in academic standards from a provider that is certified by the state board of education. To qualify, the provider must state in writing a level of academic improvement for the pupil that includes a timeline for improvement that is agreed to by the parent or guardian of the pupil. The state board of education shall annually review academic performance levels for certified providers and may remove a provider at a public hearing from an approved list of providers if that provider fails to meet its stated level of academic improvement.  The state board of education shall determine the application guidelines and the maximum value for each certificate of supplemental instruction.  The state board of education shall annually complete a market survey in order to determine the maximum value for each certificate of supplemental instruction.  This subsection does not require this state to provide additional monies beyond the monies provided pursuant to section 42-5029, subsection E, paragraph 7 or section 42-5029.02, subsection A, paragraph 7.

G. Within sixty days after receiving notification of a school being assigned a letter grade of F pursuant to section 15-241, the school district governing board shall evaluate needed changes to the existing school improvement plan, consider recommendations from the solutions team, submit a copy of the plan to the superintendent of public instruction and the county educational service agency and supervise the implementation of the plan.  Within thirty days after submitting the improvement plan to the superintendent of public instruction and the county educational service agency, the governing board shall hold a public meeting in each school that has been assigned a letter grade of F and shall present the respective improvement plans that have been developed for each school.  The governing board, within thirty days after receiving notice of the classification, shall provide written notification of the classification to each residence in the attendance area of the school.  The notice shall explain the improvement plan process and provide information regarding the public meeting required by this subsection.

H. A school that has not submitted an improvement plan pursuant to subsection G of this section is not eligible to receive monies from the classroom site fund established by section 15-977 for every day that a plan has not been received by the superintendent of public instruction within the time specified in subsection G of this section plus an additional ninety days.  The state board of education shall require the superintendent of the school district to testify before the board and explain the reasons that an improvement plan for that school has not been submitted.

I. If a charter school is assigned a letter grade of F pursuant to section 15-241, the department of education shall immediately notify the charter school's sponsor. The charter school's sponsor shall either take action to restore the charter school to acceptable performance or revoke the charter school's charter. Within thirty days, the charter school shall notify the parents of the students attending the school of the classification and of any pending public meetings to review the issue.

J. The department of education shall evaluate a school that has been assigned a letter grade of F pursuant to section 15-241 to determine whether the school, charter holder or school district failed to properly implement its school improvement plan, align the curricula with academic standards, provide teacher training, prioritize the budget or implement other proven strategies to improve academic performance.  After visiting the school site pursuant to subsection D of this section, the department of education shall submit to the state board of education a recommendation either to proceed pursuant to subsections E, F and G of this section or that the school be subject to a public hearing to determine whether the school failed to properly implement its improvement plan and the reasons for the department's recommendation.  If the school is a charter school, the department shall submit a report to the sponsor of the charter school.  The sponsor shall make a determination pursuant to subsection N of this section.

K. If the department recommends a public hearing, the state board of education shall meet and may provide by a majority vote at the public hearing for the continued operation of the school as allowed by this subsection. The state board of education shall determine whether governmental, nonprofit and private organizations may submit applications to the state board to fully or partially manage the school. The state board's determination shall include:

1. Whether and to what extent the local governing board may participate in the operation of the school, including personnel matters.

2. Whether and to what extent the state board will participate in the operation of the school.

3. Resource allocation pursuant to subsection M of this section.

4. Provisions for the development and submittal of a school improvement plan to be presented in a public meeting at the school.

5. A suggested time frame for the alternative operation of the school.

L. The state board of education shall periodically review the status of a school that is operated by an organization other than the school district governing board to determine whether the operation of the school should be returned to the school district governing board.  Before the state board makes a determination, the state board or its designee shall meet with the school district governing board or its designee to determine the time frame, operational considerations and appropriate continuation of existing improvements that are necessary to ensure a smooth transition of authority from the other organization back to the school district governing board.

M. If an alternative operation plan is provided pursuant to subsection K of this section, the state board of education shall pay for the operation of the school and shall adjust the school district's district additional assistance pursuant to section 15-961, base support level pursuant to section 15-943, monies distributed from the classroom site fund established by section 15-977 and transportation support level pursuant to section 15-945 to accurately reflect any reduction in district services that are no longer provided to that school by the district.  The state board may modify the school district's revenue control limit, the district support level and the general budget limit calculated pursuant to section 15-947 by an amount that corresponds to this reduction in services.  The state board shall retain the portion of state aid that would otherwise be due the school district for the school and shall distribute that portion of state aid directly to the organization that contracts with the state board to operate the school.

N. If the sponsor of a charter school determines that a charter holder failed to properly implement its improvement plan, the sponsor of the charter school shall revoke the charter school's charter.

O. If there are more than two schools in a district and more than one-half, or in any case more than five, of the schools in the district are assigned a letter grade of F pursuant to section 15-241 for more than two consecutive years, in the next election of governing board members the election ballot shall contain the following statement immediately above the listing of governing board candidates:

Within the last five years, (number of schools) schools in the ________ school district have been assigned a letter grade of D or F.

P. At least twice each year the department of education shall publish in a newspaper of general circulation in each county of this state a list of schools that are assigned a letter grade of F pursuant to section 15-241.

Q. The state board of education shall adopt guidelines to include supplementary training in reading instruction for teachers who provide instruction to pupils in a kindergarten program or grade one, two or three in an improvement plan pursuant to subsection A of this section.

R. In addition to any other corrective procedures prescribed in this section and sections 15-241 and 15-241.01, a school that has been assigned a letter grade of D or F for two consecutive years shall implement a science, technology, engineering and mathematics intervention strategy under the supervision of the state board of education.

S. In addition to any other corrective procedures prescribed in this section, a school district that has been assigned a letter grade of D or F pursuant to section 15-241 for two consecutive years shall implement a parent involvement strategy.  The parent involvement strategy shall be included in the school improvement plan for each applicable school within the district, as prescribed in subsection A or G of this section, as applicable.

T. The department of education shall publish criteria for a school's or school district's exit status from a previous assignment of a letter grade of F in accordance with this section.  The criteria shall prescribe the actions and results necessary to be deemed to have complied with this section regarding school improvement, including the proper implementation of a school improvement plan pursuant to subsection J of this section.  These criteria shall be provided to a school or school district if it is assigned a letter grade of F pursuant to section 15-241.
A.R.S. § 15-185.01 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 185.01
15-185.01 Charter school pupils attending career technical education districts; average daily membership calculation
Status: in_force

15-185.01. Charter school pupils attending career technical education districts; average daily membership calculation

Notwithstanding section 15-185, subsection C, if a pupil is enrolled in both a charter school and a career technical education district and resides within the boundaries of a school district participating in the career technical education district, the average daily membership for that pupil shall be calculated in the same manner prescribed for a pupil who is enrolled in both the member school district and a career technical education district pursuant to section 15-393.
A.R.S. § 15-1875 — Arizona Code / Title 15 / Chapter 14 / Article 7 / Section 1875
15-1875 Plan requirements
Status: in_force

15-1875. Plan requirements

A. The plan shall be operated through the use of accounts in the fund established by account owners. Payments to the fund for participation in the plan shall be made by account owners pursuant to tuition savings agreements. An account may be opened by any person who desires to invest in the fund and to save to pay qualified higher education expenses by satisfying each of the following requirements:

1. Completing an application in the form prescribed by the treasurer. The application shall include the following information:

(a) The name, address and social security number or employer identification number of the contributor.

(b) The name, address and social security number of the account owner if the account owner is not the contributor.

(c) The name, address and social security number of the designated beneficiary.

(d) The certification relating to no excess contributions required by subsection L of this section.

(e) Any other information that the treasurer may require.

2. Paying the onetime application fee established by the treasurer.

3. Making the minimum contribution required by the treasurer or by opening an account.

4. Designating the type of account to be opened if more than one type of account is offered.

B. Any person may make contributions to an account after the account is opened.

C. Contributions to accounts may be made only in cash.

D. An account owner may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the treasurer.

E. On the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account.

F. Changes in designated beneficiaries and rollovers under this section are not allowed if the changes or rollovers would violate either of the following:

1. Subsection L of this section, relating to excess contributions.

2. Subsection I of this section, relating to investment choice.

G. Each account shall be maintained separately from each other account under the plan.

H. Separate records and accounting shall be maintained for each account for each designated beneficiary.

I. A contributor to, account owner of or designated beneficiary of any account may not direct the investment, within the meaning of section 529 of the internal revenue code, of any contributions to an account or the earnings from the account.

J. If the treasurer terminates the authority of a financial institution to hold accounts and accounts must be moved from that financial institution to another financial institution, the treasurer shall select the financial institution and type of investment to which the balance of the account is moved unless the internal revenue service provides guidance stating that allowing the account owner to select among several financial institutions that are then contractors would not cause a plan to cease to be a qualified tuition plan.

K. Neither an account owner nor a designated beneficiary may use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect.

L. On the recommendation of the treasurer, the board shall adopt rules to prevent contributions on behalf of a designated beneficiary in excess of those necessary to pay the qualified higher education expenses of the designated beneficiaries. The rules shall address the following:

1. Procedures for aggregating the total balances of multiple accounts established for a designated beneficiary.

2. The establishment of a maximum total balance for the purpose of prohibiting contributions to accounts established for a designated beneficiary if the contributions would cause the maximum total balance to be exceeded.

3. The board shall review the quarterly reports received from participating financial institutions and certify that the balance in all qualified tuition programs, as defined in section 529 of the internal revenue code, of which that person is the designated beneficiary does not exceed the lesser of:

(a) A maximum college savings amount established by the board from time to time.

(b) The cost in current dollars of qualified higher education expenses that the contributor reasonably anticipates the designated beneficiary will incur.

4. Requirements that any excess contributions with respect to a designated beneficiary be promptly withdrawn in a nonqualified withdrawal or rolled over to another account in accordance with this section.

M. If there is any distribution from an account to any person or for the benefit of any person during a calendar year, the distribution shall be reported to the internal revenue service and the account owner or the designated beneficiary to the extent required by federal law.

N. The financial institution shall provide statements to each account owner at least once each year within thirty-one days after the twelve-month period to which they relate. The statement shall identify the contributions made during a preceding twelve-month period, the total contributions made through the end of the period, the value of the account as of the end of this period, distributions made during this period and any other matters that the treasurer requires be reported to the account owner.

O. Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state tax law.

P. A state or local government or organizations described in section 501(c)(3) of the internal revenue code may open and become the account owner of an account to fund scholarships for persons whose identity will be determined after an account is opened.

Q. In the case of any account described in subsection P of this section, the requirement that a designated beneficiary be designated when an account is opened does not apply and each person who receives an interest in the account as a scholarship shall be treated as a designated beneficiary with respect to the interest.

R. Any social security numbers, addresses or telephone numbers of individual account holders and designated beneficiaries that come into the possession of the treasurer are confidential, are not public records and shall not be released by the treasurer.

S. An account owner may transfer ownership rights to another eligible account owner.

T. An account owner may designate successor account owners.

U. Through December 31, 2025, on direction of an account owner, up to $15,000 of an account may roll over to an achieving a better life experience act account established pursuant to 26 United States Code section 529A.
A.R.S. § 15-219 — Arizona Code / Title 15 / Chapter 2 / Article 1 / Section 219
15-219 Dyslexia and reading impairment screening, intervention, accommodation and technology; continuing education; rules; training
Status: in_force

15-219. Dyslexia and reading impairment screening, intervention, accommodation and technology; continuing education; rules; training

A. The state board of education shall adopt rules to allow certificated teachers, literacy coaches, literacy specialists and administrators to count training regarding screening, intervention, accommodation, use of technology and advocacy for students with reading impairments, including dyslexia, as continuing education credits.

B. The department of education shall annually develop a list of training opportunities related to dyslexia that satisfy the requirements prescribed in subsection C of this section.

C. The training opportunities related to dyslexia developed pursuant to this section must meet professional development requirements and all of the following requirements:

1. Include at least one training opportunity that is provided entirely online.

2. Include the knowledge and practice standards of an international organization on dyslexia that is designated by the department of education.

3. Enable teachers, literacy coaches, literacy specialists and administrators to understand and recognize dyslexia.

4. Enable teachers, literacy coaches, literacy specialists and administrators to implement structured literacy instruction that is systematic, explicit, multisensory and evidence-based to meet the educational needs of students with dyslexia.
A.R.S. § 15-391 — Arizona Code / Title 15 / Chapter 3 / Article 6 / Section 391
15-391 Definitions
Status: in_force

15-391. Definitions

In this article, unless the context otherwise requires:

1. "Career technical education board" means a career technical education district governing board.

2. "Career technical education course" means a course that is offered by a career technical education district as part of a career technical education district program, that is approved by the career and technical education division of the department of education and that meets each of the following requirements:

(a) Is taught by an instructor who is certified to teach career and technical education by the state board of education or by a postsecondary educational institution.

(b) Is part of a program that requires students to obtain a passing score of at least sixty percent on an assessment that demonstrates the level of skills, knowledge and competencies necessary to be successful in the designated vocation or industry for that program of study.

(c) Is part of an approved career technical education district program.

(d) Is not a course or any variation of a course, including honors, that is required under the minimum course of study pursuant to section 15-701.01 in order to graduate from high school, except that credit may be awarded for any career and technical education course.

(e) Requires a majority of instructional time to be conducted in a laboratory environment, field-based environment or work-based learning environment, except for community college courses.

(f) Has demonstrated a need for extra funding in order to provide the career technical education course.

(g) Requires specialized equipment and specialized materials in order to provide instruction to students that exceeds the cost of a standard educational course.

3. "Career technical education district" means a district that is formed pursuant to this article and that offers career technical education courses.

4. "Career technical education district program" means a sequence of courses that is offered by a career technical education district and that meets all of the following requirements:

(a) Is taught by an instructor who is certified to teach career and technical education by the state board of education or by a postsecondary educational institution.

(b) Requires an assessment that demonstrates the level of skills, knowledge and competencies necessary to be successful in the designated vocation or industry or an assessment necessary for certification, if appropriate, or for career readiness and entry-level employment, in and acceptance by that vocation or industry.  Any assessment adopted pursuant to this subdivision shall require a passing score of at least sixty percent.

(c) Requires specialized equipment and specialized materials in order to provide instruction to students that exceeds the cost of a standard educational course.

(d) Requires a majority of instructional time to be conducted in a laboratory environment, field-based environment or work-based learning environment, and requires career and technical student organization participation, except for community college courses.

(e) Demonstrates alignment through a curriculum, instructional model and course sequence to meet the standards of a career and technical education preparatory program as determined by the career and technical education division of the department of education.

(f) Has a defined pathway to career and postsecondary education in a specific vocation or industry as determined by the career and technical education division of the department of education.

(g) Is approved by the career and technical education division of the department of education based only on the requirements prescribed in this paragraph after the submission of all required documentation.

(h) Is certified by the career technical education district governing board to have met all the requirements prescribed in this article.

(i) Is offered only to students in grades nine, ten, eleven and twelve.

(j) Fills a high-need vocational or industry need as determined by the career and technical education division of the department of education.

(k) Requires a single or stackable credential as described in subdivision (l) of this paragraph or a skill that will allow a student to obtain work as described in subdivision (l) of this paragraph on graduation before receiving an associate degree or baccalaureate degree.

(l) Leads to certification or licensure, if available, or to career readiness and entry-level employment where relevant certification or licensure does not exist in that industry, in the designated vocation or industry that has been verified and accepted by that vocation or industry and that qualifies the person for employment. If there is no certification or licensure that is accepted by the vocation or industry, or if business practicalities do not require certification or licensure, completion of the program must qualify the student for at least entry-level employment.

(m) Requires instruction and instructional materials in courses that are substantially different from and exceed the scope of standard instruction and that include vocational skills, competencies and knowledge to be successful in the designated career technical education district program vocation or industry.

(n) An industry or vocation has agreed to provide financial or technical support to the career technical education district for a specific career technical education district program. For the purposes of this subdivision, "financial support" includes in-kind contributions and donations.

(o) A career technical education district has demonstrated a need for extra funding in order to provide the career technical education district program.

5. "State board" means the state board of education.
A.R.S. § 15-407 — Arizona Code / Title 15 / Chapter 4 / Article 1 / Section 407
15-407 School district ballot option
Status: in_force

15-407. School district ballot option

The governing body of a school district may choose to use either electromechanical or electronic vote recording and ballot counting equipment, or paper ballots for any special election held pursuant to this chapter.
A.R.S. § 15-910 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 910
15-910 School district budgets; excess utility costs; desegregation costs; tuition costs for bond issues; costs for registering warrants; report
Status: in_force

15-910. School district budgets; excess utility costs; desegregation costs; tuition costs for bond issues; costs for registering warrants; report

(Caution:  1998 Prop. 105 applies)

A. The governing board may budget for the district's excess utility costs that are specifically exempt from the district's revenue control limit. If approved by the qualified electors voting at a statewide general election, the exemption from the revenue control limit under this subsection expires at the end of the 2008-2009 budget year. The uniform system of financial records shall specify expenditure items allowable as excess utility costs, which are limited to direct operational costs of heating, cooling, water and electricity, telephone communications and sanitation fees. The department of education and the auditor general shall include in the maintenance and operation section of the budget format, as provided in section 15-903, a separate line for utility expenditures and a special excess utility cost category. The special excess utility cost category shall contain budgeted expenditures for excess utility costs, determined as follows:

1. Determine the lesser of the total budgeted or total actual utility expenditures for fiscal year 1984-1985.

2. Multiply the amount in paragraph 1 of this subsection by the total percentage increase or decrease in the revenue control limit and the capital outlay revenue limit for the budget year over the revenue control limit and the capital outlay revenue limit for fiscal year 1984-1985.

3. The sum of the amounts in paragraphs 1 and 2 of this subsection is the amount budgeted in the utility expenditure line.

4. Additional expenditures for utilities are budgeted in the excess utility cost category.

B. The governing board shall apply the same percentage increase or decrease allowed in the revenue control limit and the capital outlay revenue limit as provided in section 15-905, subsection E to the utility expenditure line of the budget.

C. The governing board may expend from the excess utility cost category only after it has expended for utility purposes the full amount budgeted in the utility expenditure line of the budget.

D. The governing board, after notice is given and a public meeting is held as provided in section 15-905, subsection D, may revise at any time before May 15 the amount budgeted in the excess utility cost category for the current year. Not later than May 18, the budget as revised shall be submitted electronically to the superintendent of public instruction.

E. If the revised excess utility cost category results in an expenditure of monies in excess of school district revenues for the current year, the county school superintendent shall include within the revenue estimate for the budget year monies necessary to meet the liabilities incurred by the school district in the current year in excess of revenues received for the current year.

F. If a school district receives a refund of utility expenditures or a rebate on energy saving devices or services, the refund or rebate shall be applied against utility expenditures for the current year as a reduction of the expenditures, except that the reduction of expenditures shall not exceed the amount of actual utility expenditures.

G. The governing board may budget for expenses of complying with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination that are specifically exempt in whole or in part from the revenue control limit and district additional assistance. This exemption applies only to expenses incurred for activities that are begun before the termination of the court order or administrative agreement. If a district is levying a property tax on February 23, 2006 and using those monies to administer an English language learner program to remedy alleged or proven discrimination under title VI of the civil rights act of 1964 (42 United States Code section 2000d), the district may spend those monies to remedy a violation of the equal educational opportunities act of 1974 (20 United States Code section 1703(f)). Nothing in this subsection allows a school district to levy a property tax for violations of the equal educational opportunities act of 1974 (20 United States Code section 1703(f)) in the absence of an alleged or proven discrimination under title VI of the civil rights act of 1964 (42 United States Code section 2000d).

H. If a governing board chooses to budget monies outside of the revenue control limit as provided in subsection G of this section, the governing board may do one of the following:

1. Use monies from the maintenance and operation fund equal to any excess desegregation or compliance expenses beyond the revenue control limit before June 30 of the current year.

2. Notify the county school superintendent to include the cost of the excess expenses in the county school superintendent's estimate of the additional amount needed for the school district from the secondary property tax as provided in section 15-991.

3. Employ the provisions of both paragraphs 1 and 2 of this subsection, provided that the total amount transferred and included in the amount needed from property taxes does not exceed the total amount budgeted as prescribed in subsection J, paragraph 1 of this section.

I. If a governing board chooses to budget monies outside of district additional assistance as provided in subsection G of this section, the governing board may notify the county school superintendent to include the cost of the excess expenses in the county school superintendent's estimate of the additional amount needed for the school district from the secondary property tax as provided in section 15-991.

J. A governing board using subsections G, H and I of this section:

1. Shall prepare and employ a separate maintenance and operation desegregation budget and capital outlay desegregation budget on a form prescribed by the superintendent of public instruction in conjunction with the auditor general. The budget format shall be designed to allow a school district to plan and provide in detail for expenditures to be incurred solely as a result of compliance with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination.

2. Shall prepare as a part of the annual financial report a detailed report of expenditures incurred solely as a result of compliance with or continuing to implement activities that were required or permitted by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, in a format prescribed by the auditor general in conjunction with the Arizona department of education as provided by section 15-904.

3. On or before July 15 each year, shall collect and report data regarding activities related to a court order of desegregation or an administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination in a format prescribed by the Arizona department of education. The Arizona department of education shall compile and submit copies of the reports to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the education committees of the senate and the house of representatives and shall submit a copy to the secretary of state. A school district that becomes subject to a new court order of desegregation or a party to an administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination shall submit these reports on or before July 15 or within ninety days of the date of the court order or administrative agreement, whichever occurs first. The Arizona department of education, in consultation with the auditor general, shall develop reporting requirements to ensure that school districts submit at least the following information and documentation to the Arizona department of education:

(a) A district-wide budget summary and a budget summary on a school-by-school basis for each school in the school district that lists the sources and uses of monies that are designated for desegregation purposes.

(b) A detailed list of desegregation activities on a district-wide basis and on a school-by-school basis for each school in the school district.

(c) The date that the school district was determined to be out of compliance with title VI of the civil rights act of 1964 (42 United States Code section 2000d) and the basis for that determination.

(d) The initial date that the school district began to levy property taxes to provide funding for desegregation expenses and any dates that these property tax levies were increased.

(e) If applicable, a current and accurate description of all magnet type programs that are in operation pursuant to the court order during the current school year on a district-wide basis and on a school-by-school basis. This information shall contain the eligibility and attendance criteria of each magnet type program, the capacity of each magnet type program, the ethnic composition goals of each magnet type program, the actual attending ethnic composition of each magnet type program and the specific activities offered in each magnet type program.

(f) The number of pupils who participate in desegregation activities on a district-wide basis and on a school-by-school basis for each school in the school district.

(g) A detailed summary of the academic achievement of pupils on a district-wide basis and on a school-by-school basis for each school in the school district.

(h) The number of employees, including teachers and administrative personnel, on a district-wide basis and on a school-by-school basis for each school in the school district that is necessary to conduct desegregation activities.

(i) The number of employees, including teachers and administrative personnel, on a district-wide basis and on a school-by-school basis for each school in the school district and the number of employees at school district administrative offices that are funded in whole or in part with desegregation monies received pursuant to this section.

(j) The amount of monies that is not derived through a primary or secondary property tax levy and that is budgeted and spent on desegregation activities on a district-wide basis and on a school-by-school basis for each school in the school district.

(k) Verification that the desegregation funding will supplement and not supplant funding for other academic and extracurricular activities.

(l) Verification that the desegregation funding is educationally justifiable.

(m) Any documentation that supports the proposition that the requested desegregation funding is intended to result in equal education opportunities for all pupils in the school district.

(n) Verification that the desegregation funding will be used to promote systemic and organizational changes within the school district.

(o) Verification that the desegregation funding will be used in accordance with the academic standards adopted by the state board of education pursuant to sections 15-701 and 15-701.01.

(p) Verification that the desegregation funding will be used to accomplish specific actions to remediate proven discrimination pursuant to title VI of the civil rights act of 1964 (42 United States Code section 2000d) as specified in the court order or administrative agreement.

(q) An evaluation by the school district of the effectiveness of the school district's desegregation measures.

(r) An estimate of when the school district will be in compliance with the court order or administrative agreement and a detailed account of the steps that the school district will take to achieve compliance.

(s) Any other information that the Arizona department of education deems necessary to carry out the purposes of this paragraph.

K. If a school district governing board budgets for expenses of complying with a court order of desegregation or an administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination, the governing board shall ensure that the desegregation expenses will:

1. Be educationally justifiable.

2. Result in equal education opportunities for all pupils in the school district.

3. Be used to promote systemic and organizational changes within the school district.

4. Be used in accordance with the academic standards adopted by the state board of education pursuant to sections 15-701 and 15-701.01.

5. Be used to accomplish specific actions to remediate proven discrimination pursuant to title VI of the civil rights act of 1964 (42 United States Code section 2000d) as specified in the court order or administrative agreement.

6. Be used in accordance with a plan submitted to the department of education that includes an estimate of the amount of monies that will be required to bring the school district into compliance with the court order or administrative agreement and an estimate of when the school district will be in compliance with the court order or administrative agreement.

7. Each fiscal year, not exceed the amount budgeted by the school district for desegregation expenses in fiscal year 2008-2009.

L. Subsections G through K of this section apply only if the governing board uses revenues from secondary property taxes rather than primary property taxes to fund expenses of complying with or continuing to implement activities that were required or allowed by a court order of desegregation or administrative agreement with the United States department of education office for civil rights directed toward remediating alleged or proven racial discrimination that are specifically exempt in whole or in part from the revenue control limit and district additional assistance.  Secondary property taxes levied pursuant to this subsection do not require voter approval, but shall be separately delineated on a property owner's property tax statement.

M. The governing board may budget for interest expenses it incurred for registering warrants drawn against a fund of the school district or net interest expense on tax anticipation notes as prescribed in section 35-465.05, subsection C for the fiscal year preceding the current year if the county treasurer pooled all school district monies for investment as provided in section 15-996 for the fiscal year preceding the current year and, in those school districts that receive state aid, the school districts applied for an apportionment of state aid before the date set for the apportionment as provided in section 15-973 for the fiscal year preceding the current year. The governing board may budget an amount for interest expenses for registering warrants or issuing tax anticipation notes equal to or less than the amount of the warrant interest expense or net interest expense on tax anticipation notes as prescribed in section 35-465.05, subsection C for the fiscal year preceding the current year as provided in this subsection that is specifically exempt from the revenue control limit. For the purposes of this subsection, "state aid" means state aid as determined in sections 15-971 and 15-972.
A.R.S. § 15-901 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 901
15-901 Definitions
Status: in_force

15-901. Definitions

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

1. "Average daily membership" means the total enrollment of fractional students and full-time students, minus withdrawals, of each school day through the first one hundred days or two hundred days in session, as applicable, for the current year. For the purposes of this paragraph, "withdrawals" means students who are formally withdrawn from schools or students who are absent for ten consecutive school days, except for excused absences identified by the department of education. For computation purposes, a student who is absent for nine or fewer consecutive school days, including the last day of the school year, is not a withdrawal and may not be subtracted from the total enrollment of fractional students and full-time students. For the purposes of this section, school districts and charter schools shall report student absence data to the department of education at least once every sixty days in session.  For computation purposes, the effective date of withdrawal shall be retroactive to the last day of actual attendance of the student or excused absence. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subsection in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(a) "Fractional student" means:

(i) For common schools, a preschool child who is enrolled in a program for preschool children with disabilities of at least three hundred sixty minutes each week that meets at least two hundred sixteen hours over the minimum number of days or a kindergarten student who is at least five years of age before January 1 of the school year and enrolled in a school kindergarten program that meets at least three hundred fifty-six hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section. 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.  The hours in which a student is scheduled to attend a common school during the regular school day shall be included in the calculation of the average daily membership for that student.

(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, 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, in a recognized high school. The average daily membership of a part-time high school student shall be 0.75 if the student is enrolled in an instructional program of three subjects that meet at least five hundred forty hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section. The average daily membership of a part-time high school student shall be 0.5 if the student is enrolled in an instructional program of two subjects that meet at least three hundred sixty hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section. The average daily membership of a part-time high school student shall be 0.25 if the student is enrolled in an instructional program of one subject that meets at least one hundred eighty hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section. The hours in which a student is scheduled to attend a high school during the regular school day shall be included in the calculation of the average daily membership for that student.

(b) "Full-time student" means:

(i) For common schools, a student who is at least six years of age before January 1 of a school year, who has not graduated from the highest grade taught in the school district and who is regularly enrolled in a course of study required by the state board of education. First, second and third grade students or ungraded group B children with disabilities who are at least five, but under six, years of age by September 1 must be enrolled in an instructional program that meets for a total of at least seven hundred twelve hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section. Fourth, fifth, sixth, seventh and eighth grade students must be enrolled in an instructional program that meets for a total of at least eight hundred ninety hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section, including the equivalent number of instructional hours for schools that operate on a one hundred forty-four-day school year. The hours in which a student is scheduled to attend a common school during the regular school day shall be included in the calculation of the average daily membership for that student.

(ii) For high schools, a student who has not graduated from the highest grade taught in the school district and who is enrolled in at least an instructional program of four or more subjects that count toward graduation as defined by the state board of education, 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, that meets for a total of at least seven hundred twenty hours for a one hundred eighty-day school year, or the instructional hours prescribed in this section in a recognized high school. A full-time student shall not be counted more than once for computation of average daily membership. The average daily membership of a full-time high school student shall be 1.0 if the student is enrolled in at least four subjects that meet at least seven hundred twenty hours for a one hundred eighty-day school year, or the equivalent instructional hours prescribed in this section. The hours in which a student is scheduled to attend a high school during the regular school day shall be included in the calculation of the average daily membership for that student.

(iii) If a child who has not reached five years of age before September 1 of the current school year is admitted to kindergarten and repeats kindergarten in the following school year, a school district or charter school is not eligible to receive basic state aid on behalf of that child during the child's second year of kindergarten. If a child who has not reached five years of age before September 1 of the current school year is admitted to kindergarten but does not remain enrolled, a school district or charter school may receive a portion of basic state aid on behalf of that child in the subsequent year. A school district or charter school may charge tuition for any child who is ineligible for basic state aid pursuant to this item.

(iv) 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.

(v) 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.

(vi) 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.

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

(c) "Regular school day" means the regularly scheduled class periods intended for instructional purposes. Instructional purposes may include core subjects, elective subjects, lunch, study halls, music instruction and other classes that advance the academic instruction of pupils. Instructional purposes do not include athletic practices or extracurricular clubs and activities.

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

3. "Common school district" means a political subdivision of this state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and either:

(a) Grades one through eight.

(b) Grades one through nine pursuant to section 15-447.01.

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

5. "Daily attendance" means:

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

(i) Of a kindergarten program or ungraded, but not group B children with disabilities, who is 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 fifty-six hours but is less than seven hundred twelve 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.  A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(ii) Of the first, second or third grades attends more than three-quarters of the instructional time scheduled for the day. A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(iii) Of the fourth, fifth or sixth grades attends more than three-quarters of the instructional time scheduled for the day, except as provided in section 15-797. A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(iv) Of the seventh or eighth grades attends more than three-quarters of the instructional time scheduled for the day, except as provided in section 15-797. A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(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.  A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(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. A school district or charter school may satisfy any of the time and hours requirements prescribed in this item in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(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, except as provided in paragraph 1, subdivision (a), item (i) of this subsection for children with disabilities up to a maximum of three hundred sixty minutes each week. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subdivision in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(d) For high schools, 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-three 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. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subdivision in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(e) For high schools, 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. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subdivision in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(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. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subdivision in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

(g) For school districts that 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. A school district or charter school may satisfy any of the time and hours requirements prescribed in this subdivision in any manner prescribed in the school district's or charter school's instructional time model adopted under section 15-901.08.

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

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

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

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

8. "Eligible students" means:

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

(i) For common school students, whose place of actual residence within the school district is more than one mile from the school facility of attendance or students who are admitted pursuant to section 15-816.01 and who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1793) 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 1793) for free or reduced-price lunches and whose actual place of residence outside the school district boundaries is more than one and one-half miles from the school facility of attendance.

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

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

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

9. "Enrolled" or "enrollment" means that a pupil is currently registered in the school district.

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

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

12. "Instructional hours" or "instructional time" means hours or time spent pursuant to an instructional time model adopted under section 15-901.08.

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 before 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 this state offering instruction to students in programs for preschool children with disabilities and kindergarten programs and grades one through twelve.

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

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

2. "Base level" means the following amounts plus the percentage increase to the base level as provided in section 15-902.04:

(a) For fiscal year 2023-2024, $4,914.71.

(b) For fiscal year 2024-2025, $5,013.00.

(c) For fiscal year 2025-2026, $5,113.26.

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 schoolchildren 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, MIID, SLD, SLI and OHI" means programs for children with emotional disabilities, mild intellectual disabilities, 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. "FRPL" means students who meet the eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1793) for free or reduced-price lunches, or an equivalent measure recognized for participating in the federal free and reduced-price lunch program and other school programs dependent on a poverty measure, including the community eligibility provision for which free and reduced-price lunch data is not available.

11. "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.

12. "G" means educational programs for gifted pupils who score at or above the ninety-seventh percentile, based on national norms, on a test adopted by the state board of education.

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

14. "Group B" means educational improvements for pupils in kindergarten programs and grades one through three, educational programs for autism, a hearing impairment, a moderate intellectual disability, multiple disabilities, multiple disabilities with severe sensory impairment, orthopedic impairments, preschool severe delay, a severe intellectual disability 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, English learners enrolled in a program to promote English language proficiency pursuant to section 15-752 and students who meet the eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1793) for free or reduced-price lunches, or an equivalent measure recognized for participating in the federal free and reduced-price lunch program and other school programs dependent on a poverty measure, including the community eligibility provision for which free and reduced-price lunch data is not available.

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

16. "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.

17. "K-3" means kindergarten programs and grades one through three.

18. "K-3 reading" means reading programs for pupils in kindergarten programs and grades one, two and three.

19. "MD-R, A-R and SID-R" means resource programs for pupils with multiple disabilities, autism and severe intellectual disability.

20. "MD-SC, A-SC and SID-SC" means self-contained programs for pupils with multiple disabilities, autism and severe intellectual disability.

21. "MD-SSI" means a program for pupils with multiple disabilities with severe sensory impairment.

22. "MOID" means programs for pupils with moderate intellectual disability.

23. "OI-R" means a resource program for pupils with orthopedic impairments.

24. "OI-SC" means a self-contained program for pupils with orthopedic impairments.

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

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

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

28. "Small isolated school district" means a school district that 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 that 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 that 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.

29. "Small school district" means a school district that 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 that is fewer than thirty miles by the most reasonable route from another school that 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.

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

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

32. "VI" means programs for pupils with visual impairments.
A.R.S. § 15-516 — Arizona Code / Title 15 / Chapter 5 / Article 1 / Section 516
15-516 Teacher immunity
Status: in_force

15-516. Teacher immunity

A full-time teacher who is employed by a school district or a charter school is immune from personal liability for all acts done and actions taken in good faith in evaluating or grading any student.
A.R.S. § 15-1466.02 — Arizona Code / Title 15 / Chapter 12 / Article 4 / Section 1466.02
15-1466.02 Recordkeeping requirements for full-time equivalent student enrollment
Status: in_force

15-1466.02. Recordkeeping requirements for full-time equivalent student enrollment

A. On or before July 21 each year, each community college district shall:

1. Provide a certified report to the auditor general of the number of full-time equivalent students calculated by the district pursuant to section 15-1466.01.

2. Separately calculate and report to the auditor general any full-time equivalent student enrollment in which a student is enrolled in a course for both high school and college credit simultaneously.

B. Each community college district shall submit to the auditor general a summary of its full-time equivalent student enrollment accounting policies and procedures, compilation procedures and source records used for calculating full-time equivalent student enrollment.

C. Basic actual full-time equivalent student enrollment shall be counted on the forty-fifth day after the basic actual full-time equivalent student enrollment classes begin for the fall and spring semesters, as published in the college catalogs.  Class rosters that reflect enrollment as of the forty-fifth day shall be provided by the registrar's office to each professor or instructor for every class section.  The class roster shall indicate the course number, course title, time, instructor name and students enrolled.  Each professor or instructor shall review the class roster and make additions or deletions as necessary.  On the forty-fifth day class rosters, each professor or instructor shall indicate as withdrawn each student who has not been attending class, even if the student has not formally withdrawn from the course, and that student shall not be counted for state aid purposes. The official forty-fifth day rosters shall include a manual signature and date or an electronic authorization and date by the professor or instructor and shall include the following certification:

I hereby certify that the information contained in this class roster accurately reflects those students who are enrolled and participating.

Students who have withdrawn or who have been withdrawn from classes as of the forty-fifth day shall not be counted for state aid purposes.  A record shall be maintained that identifies student withdrawals by date of withdrawal, as of the forty-fifth day and after the forty-fifth day for the entire semester.

D. Additional short-term and open entry, open exit full-time equivalent student enrollment must be counted as of June 30 of each year. Registration records shall be maintained to support the number of credit hours for additional short-term and open entry, open exit classes in which students are enrolled during the fiscal year.  Final grade rosters shall be prepared that present initial enrollees, those students who withdrew from the class and those students who completed the class. The final grade rosters shall include a manual signature or electronic authorization by the professor or instructor and shall be used to support the number of credit hours claimed for full-time equivalent student enrollment. For both additional short-term and open entry, open exit classes, only students who have received a grade by June 30 may be counted as completed for state aid purposes, and students with a grade of incomplete shall not be counted.

E. Skill center, adult basic education and noncredit workforce training full-time equivalent student enrollment records shall be maintained to support the actual clock hours attended or contact hours as defined in section 15-1410 by students in skill center, adult basic education and noncredit workforce training courses.

F. Students who are simultaneously enrolled in a course for both high school and college credit and the courses, including section numbers, that the students attend shall be specifically identified in the district's full-time equivalent student enrollment records.

G. The community college district's records used to calculate full-time equivalent student enrollment counts shall be provided to the auditor general in an electronic format prescribed by the auditor general.
A.R.S. § 15-782 — Arizona Code / Title 15 / Chapter 7 / Article 5 / Section 782
15-782 Career and technical education and vocational education
Status: in_force

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.
A.R.S. § 15-102 — Arizona Code / Title 15 / Chapter 1 / Article 1 / Section 102
15-102 Parental involvement in the school; definition
Status: in_force

15-102. Parental involvement in the school; definition

A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including:

1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline.  The plan shall provide for the administration of a parent-teacher satisfaction survey.

2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials.

3. Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph:

(a) Schools without a full-time library media specialist or an equivalent position.

(b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D.

4. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used.  Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion.

5. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula.

6. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula.

7. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school.

8. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following:

(a) The right to opt in to a sex education curriculum if one is provided by the school district.

(b) Open enrollment rights pursuant to section 15-816.01.

(c) The right to opt out of assignments pursuant to this section.

(d) The right to opt out of immunizations pursuant to section 15-873.

(e) The promotion requirements prescribed in section 15-701.

(f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01.

(g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716.

(h) The right to review test results pursuant to section 15-743.

(i) The right to participate in gifted programs pursuant to section 15-779.01.

(j) The right to access instructional materials pursuant to section 15-730.

(k) The right to receive a school report card pursuant to section 15-746.

(l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821.

(m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722.

(n) The right to be excused from school attendance for religious purposes pursuant to section 15-806.

(o) Policies related to parental involvement pursuant to this section.

(p) The right to seek membership on school councils pursuant to section 15-351.

(q) Information about the student accountability information system as prescribed in section 15-1041.

(r) The right to access the failing schools tutoring fund pursuant to section 15-241.

(s) The right to access all written and electronic records of a school district or school district employee concerning the parent's child pursuant to section 15-143.

B. The policy adopted by the governing board pursuant to this section may also include the following components:

1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including:

(a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records.

(b) The parent's right to inspect the school district policies and curriculum.

2. Efforts to encourage the development of parenting skills.

3. Communicating to parents techniques that are designed to assist the child's learning experience in the home.

4. Efforts to encourage access to community and support services for children and families.

5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children.

6. Identifying opportunities for parents to participate in and support classroom instruction at the school.

7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils.

8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels.

9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement.

10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.

C. The governing board shall adopt a policy to provide to parents the information required by this section in either an electronic or a printed form. The governing board shall provide to parents a copy of the policy adopted pursuant to this subsection in an annual notice.

D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board.

E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.
A.R.S. § 15-385 — Arizona Code / Title 15 / Chapter 3 / Article 5 / Section 385
15-385 Premiums of a bond or insurance for accommodation schools or federally owned buildings on Indian reservation
Status: in_force

15-385. Premiums of a bond or insurance for accommodation schools or federally owned buildings on Indian reservation

A. When by the provisions of an agreement entered into between the state, an officer or agency thereof or a school district of this state, and the government of the United States or an agency or officer thereof, for the use of school buildings on Indian reservations, whereby a school district is required to execute a bond in favor of the federal government or an officer or agency thereof, or to procure and pay for insurance for protection of federally owned buildings or equipment being used for school purposes, the bond or insurance may be executed by the governing board of the school district, and the district or governing board may procure and pay for the bond or insurance as is necessary for protection of the buildings or equipment. Premiums paid for a bond or insurance shall be a charge against the funds of the school district.

B. The provisions of this section shall apply also to accommodation schools under the jurisdiction of the county school superintendent and payment of premiums for a bond or insurance may be made by the county school superintendent from the county school reserve fund.
A.R.S. § 15-807 — Arizona Code / Title 15 / Chapter 8 / Article 1 / Section 807
15-807 Absence from school; notification of parent or person having custody of pupil; immunity; excused absence
Status: in_force

15-807. Absence from school; notification of parent or person having custody of pupil; immunity; excused absence

A. If a pupil in a kindergarten program or in any of grades one through eight is absent from school without excuse as provided in this article or without notice to the school in which the pupil is enrolled of authorization of the absence by the parent or other person who has custody of the pupil, the school in which the pupil is enrolled shall make a reasonable effort to promptly telephone and notify the parent or other person who has custody of the pupil of the pupil's absence from school:

1. Within two hours after the first class in which the pupil is absent for a pupil in a kindergarten program or in any of grades one through six.

2. Within two hours after the first class in which the pupil is absent for a pupil in grade seven or eight if the first class in which the pupil is absent is the pupil's first class of the school day.

3. Within five hours after the first class in which the pupil is absent for a pupil in grade seven or eight if the first class in which the pupil is absent is after the pupil's first class of the school day.

B. On or before the enrollment of a pupil in a kindergarten program or in any of grades one through eight, the school district shall notify the parent or other person who has custody of the pupil:

1. Of the parent's or other person's responsibility to authorize any absence of the pupil from school and to notify the school in which the pupil is enrolled in advance or at the time of any absence.

2. That the school district requires the parent or other person who has custody to provide at least one telephone number, if available, for purposes of this section. The school district shall require that the telephone number, if available, be given at the time of enrollment of the pupil in school and that the school of enrollment be promptly notified of any change in the telephone number.

C. A school district, governing board members of a school district and employees or agents of a school district are not liable for failure to notify the parent or other person who has custody of a pupil of the pupil's absence from school as provided in this section.

D. In identifying excused absences pursuant to section 15-901, subsection A, paragraph 1, the department of education shall identify an absence due to the mental or behavioral health of a pupil as an excused absence. The department may adopt guidelines and rules for the purposes of this subsection, including determining what constitutes an absence due to the mental or behavioral health of a pupil.
A.R.S. § 15-189.02 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 189.02
15-189.02 Charter schools; public bidding requirements
Status: in_force

15-189.02. Charter schools; public bidding requirements

A. A charter school's procurement is exempt from public bidding requirements if the aggregate dollar amount of the procurement does not exceed the maximum amount of the exemption authorized by title 41, chapter 23 or pursuant to rules adopted by the director of the department of administration.

B. Notwithstanding subsection A, the state board for charter schools may authorize an exemption from public bidding requirements that exceeds the maximum exemption prescribed in subsection A of this section for any charter school sponsored by the state board for charter schools.
A.R.S. § 15-1831 — Arizona Code / Title 15 / Chapter 14 / Article 3 / Section 1831
15-1831 Information on persons who have completed vocational programs; definitions
Status: in_force

15-1831. Information on persons who have completed vocational programs; definitions

A. The center for vocational education shall:

1. By the end of each calendar year publish and distribute a report of the placement rates and average salaries earned by persons completing vocational programs in this state during the prior fiscal year. This report may include information on a program which would be a vocational program except that it was not completed by at least twenty-five persons during the fiscal year.

2. Establish an advisory committee consisting of representatives of both public and private institutions which offer vocational programs. The advisory committee shall advise the center in the implementation of this section.

3. Prescribe the format in which institutions which offer vocational programs shall provide the information necessary to produce the report prescribed in paragraph 1 of this subsection.

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

1. "Center for vocational education" means the center for vocational education at a university under the jurisdiction of the Arizona board of regents designated by the board.

2. "Vocational program" means a program that is completed by at least twenty-five persons during the fiscal year and that is one of the following:

(a) Operated by a community college district organized pursuant to chapter 12 of this title and designated as a vocational program, including vocational programs operated by a skill center.

(b) A private vocational program that is licensed pursuant to section 32-3021 and that does not provide a baccalaureate degree.
A.R.S. § 15-1762 — Arizona Code / Title 15 / Chapter 13 / Article 10 / Section 1762
15-1762 Definitions
Status: in_force

15-1762. Definitions

In this article, unless the context otherwise requires:

1. "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit a professional sports services contract or an endorsement contract on behalf of the student athlete.

2. "Athlete agent" means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract.  Athlete agent includes an individual who represents to the public that the individual is an athlete agent.  Athlete agent does not include a spouse, parent, sibling, grandparent or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or a professional sports organization.

3. "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females.

4. "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may generate because of publicity, reputation, following or fame that was obtained because of athletic ability or performance.

5. "Intercollegiate sport" means a sport that is played at the collegiate level and for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.

6. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, a government agency, a government instrumentality, a public corporation or any other legal or commercial entity.

7. "Professional sports services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization or as a professional athlete.

8. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic format or any other medium and that is retrievable in perceivable form.

9. "Student athlete" means an individual who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate sport.  If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
A.R.S. § 15-1808 — Arizona Code / Title 15 / Chapter 14 / Article 1 / Section 1808
15-1808 Tuition waiver scholarships; eligibility; definitions
Status: in_force

15-1808. Tuition waiver scholarships; eligibility; definitions

A. The Arizona board of regents, after verification by the Arizona peace officers memorial board, by the Arizona fallen firefighter memorial committee, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is a child or the spouse of a peace officer, correctional officer, firefighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of the state of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the Arizona board of regents. A district as defined in section 15-1401, after verification by the Arizona peace officers memorial board, by the Arizona fallen firefighter memorial committee, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is the child or the spouse of a peace officer, correctional officer, firefighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district.

B. The Arizona board of regents, after verification by the Arizona peace officers memorial board, the Arizona fallen firefighter memorial committee or the department of veterans' services that a person is a child or the spouse of a person who meets the requirements prescribed in subsection C of this section, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the Arizona board of regents. A district as defined in section 15-1401, after verification by the Arizona peace officers memorial board, the Arizona fallen firefighter memorial committee or the department of veterans' services that a person is a child or the spouse of a person who meets the requirements prescribed in subsection C of this section, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district. Notwithstanding section 15-1809, if sufficient monies are available, the Arizona board of regents shall distribute surplus monies that were appropriated to the spouses of military veterans tuition scholarship fund established by section 15-1809 to each university under the jurisdiction of the Arizona board of regents for the costs associated with the tuition waiver scholarships provided pursuant to this subsection.

C. To be eligible for a tuition waiver scholarship under subsection B of this section, the applicant must be the child or spouse of a person who meets all of the following criteria:

1. Was a veteran of the United States armed forces or was serving or previously served as a peace officer, a firefighter or a member of the United States armed forces at the time of the person's death. It is not a requirement for the purposes of this paragraph that the person was employed as a peace officer or firefighter or was serving on active duty as a member of the United States armed forces at the time of the person's death.

2. Was a resident of this state at the time of the person's death.

3. Suffered a post-traumatic stress injury in the line of duty.  Documentation that the peace officer or firefighter at any point received a disability pension under section 38-844 for a post-traumatic stress injury or benefits under title 38, chapter 5, article 4.2 for a post-traumatic stress injury is prima facie evidence that the peace officer or firefighter met the requirements of this paragraph. A discharge or other document from the United States armed forces showing that the member or veteran of the United States armed forces was discharged because of or suffered from a post-traumatic stress injury, or documentation from the United States department of veterans affairs showing that the member or veteran suffered from a post-traumatic stress injury, is prima facie evidence that the member or veteran met the requirements of this paragraph.

4. Died by suicide.

D. The tuition waiver scholarships shall be limited to children who are thirty years of age or younger or a spouse who has not remarried and shall be limited for a spouse or for any one child to not more than sixty-four credit hours at Arizona community colleges and a total number of credits including any transfer credits from an Arizona community college equal to the number of credits required for a baccalaureate degree at Arizona universities for that student's initially declared course of study.

E. A member of the Arizona national guard who received a purple heart citation on or after September 11, 2001 or a former member of the Arizona national guard who was medically discharged from the Arizona national guard due to an injury or disability suffered during status under title 10, United States Code, in weekend training status, in annual training status or in response to a state of emergency declared by the governor is eligible for a tuition waiver scholarship provided for in this section.

F. The Arizona board of regents, after verification by the Arizona department of veterans' services that a person is a member or former member of the United States armed forces who received a purple heart citation, who was a resident of the state of Arizona or was stationed in Arizona at the time of the injury that resulted in the purple heart citation and whose disability rating determined by the United States department of veterans affairs is fifty percent or more, shall provide the person who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the board.  A district as defined in section 15-1401, after verification by the Arizona department of veterans' services that a person is a member or former member of the United States armed forces who received a purple heart citation, who was a resident of the state of Arizona or was stationed in Arizona at the time of the injury that resulted in the purple heart citation and whose disability rating determined by the United States department of veterans affairs is fifty percent or more, shall provide the person who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district. A person who is convicted of a class 1, 2, 3, 4 or 5 felony is ineligible for a tuition waiver scholarship as provided in this subsection.

G. For the purposes of this section:

1. "Correctional officer" means a person, other than an elected official, who is employed by this state or a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a state, county or municipal correctional institution, including counselors but excluding secretarial, clerical and professionally trained personnel.

2. "Emergency paramedic" means a person who has been trained in an emergency paramedic training program certified by the director of the department of health services or in an equivalent training program and who is certified by the director of the department of health services to render services pursuant to section 36-2205.

3. "Firefighter" means a professional firefighter who is a member of a state, federal, tribal, city, county, district or private fire department.

4. "Peace officer" means a county sheriff, a constable, a marshal, a police officer of a city or town, an individual who is commissioned by the department of public safety and a police officer who is appointed by a community college district governing board or the Arizona board of regents who received a certificate from the Arizona peace officer standards and training board, and any other state, federal, tribal, city or county officer who is vested by law with a duty to maintain public order and make arrests.
A.R.S. § 15-828 — Arizona Code / Title 15 / Chapter 8 / Article 2 / Section 828
15-828 Birth certificate; school records; exception
Status: in_force

15-828. Birth certificate; school records; exception

A. On enrollment of a pupil for the first time in a particular school district or private school offering instruction to pupils in any kindergarten programs or grades one through twelve, that school or school district shall notify the person enrolling the pupil in writing that within thirty days the person must provide one of the following:

1. A certified copy of the pupil's birth certificate.

2. Other reliable proof of the pupil's identity and age, including the pupil's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.

3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.

B. If a child is instructed at home pursuant to section 15-802, the person who has custody of the child shall, within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides one of the following:

1. A certified copy of the child's birth certificate.

2. Other reliable proof of the child's identity and age, including the child's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.

3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.

C. On presentation of a document pursuant to this section, a photocopy of the document shall be placed in the pupil's file and the document that is presented shall be returned.

D. A pupil shall be enrolled in the school or school district, or the county school superintendent shall record the pupil's name, using the name that is printed on the birth certificate, other reliable proof of the pupil's identity, or letter from an agency having custody of the pupil provided pursuant to this section. This subsection does not prohibit a school or school district from calling a pupil by any name the pupil's parent or guardian wishes the pupil to be called.

E. On the failure of a person enrolling a pupil or instructing a child at home to comply with subsection A or B of this section, the school, school district or county school superintendent shall notify that person in writing that, unless the person complies within ten days, the case shall be referred to the local law enforcement agency for investigation.  If compliance is not obtained within the ten-day period, the school, school district or county school superintendent shall refer the case to the local law enforcement agency.

F. The school, school district or county school superintendent shall immediately report to the local law enforcement agency any affidavit received pursuant to this section that appears to be inaccurate or suspicious in form or content.

G. Within ten school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil's previous school a certified copy of the pupil's record. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil's record to the new school shall comply and forward the record within ten school days after receipt of the request unless the record has been flagged pursuant to section 15-829. If the record has been flagged, the requested school shall not forward the copy and shall notify the local law enforcement agency of the request.  School districts shall include in the educational records required by this subsection data collected pursuant to sections 15-741 and 15-766, as prescribed by the state board of education.

H. Any disclosure of educational records by the school district or charter school shall comply with the family educational rights and privacy act of 1974 (20 United States Code section 1232g).

I. This section does not apply to homeless pupils as defined in section 15-824, subsection C.
A.R.S. § 15-1447 — Arizona Code / Title 15 / Chapter 12 / Article 3 / Section 1447
15-1447 Community college district collegiate special plate funds; purpose
Status: in_force

15-1447. Community college district collegiate special plate funds; purpose

A. A community college district with a full-time equivalent student enrollment pursuant to section 15-1466.01 of more than five hundred students shall establish a community college district collegiate special plate fund consisting of monies received pursuant to section 28-2412. The district shall administer the fund. All monies in the fund shall be used only for academic scholarships.

B. The fund established pursuant to this section is exempt from section 35-190 relating to lapsing of appropriations. At the direction of the community college district, the state treasurer may invest and divest inactive monies in the fund as provided by section 35-313. The state treasurer shall credit all interest earned on the fund monies to the fund.
A.R.S. § 15-1773 — Arizona Code / Title 15 / Chapter 13 / Article 10 / Section 1773
15-1773 Required records
Status: in_force

15-1773. Required records

A. An athlete agent shall retain all of the following records for a period of five years:

1. The name and address of each individual represented by the athlete agent.

2. Any agency contract entered into by the athlete agent.

3. Documentation of any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.

B. The records required to be retained pursuant to subsection A shall be open to inspection by the secretary of state during normal business hours.
A.R.S. § 15-779.02 — Arizona Code / Title 15 / Chapter 7 / Article 4.1 / Section 779.02
15-779.02 Gifted pupils; scope and sequence; annual financial report
Status: in_force

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.  Programs and services for gifted pupils shall be provided as an integrated, differentiated learning experience during the regular school day.  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.

3. Include criteria, which shall be reviewed by the state board of education and the department of education at least once every four years, that address the elements of program design, identification, curriculum, instruction, social development, emotional development, professional development of administrators, teachers, school psychologists and counselors, parent involvement, community involvement, program assessment and budgeting. The budget information shall include separate data on identification and program costs and any other data required by the superintendent of public instruction to administer and evaluate the program effectively.

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.  The governing board shall submit the scope and the sequence to the department of education for approval on or before July 1 every five years if no changes were made during the previous five years.  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 seven 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.
A.R.S. § 15-513 — Arizona Code / Title 15 / Chapter 5 / Article 1 / Section 513
15-513 Transportation employees; chemical abuse education; drug tests; costs; termination from employment; appeal; definition
Status: in_force

15-513. Transportation employees; chemical abuse education; drug tests; costs; termination from employment; appeal; definition

A. Beginning on January 1, 1991, a transportation employee shall submit to drug and alcohol testing if the supervisor of the employee, or the supervisor's designee, has probable cause that the employee's job performance has been impaired by the use of alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be based on observance of the employee by district personnel or personnel of a contracting person or entity which furnishes transportation services to the school district and shall be documented by an affidavit signed by the person who has observed the behavior and the supervisor of the employee or the supervisor's designee.

B. A transportation employee shall submit to drug and alcohol testing after an accident involving a vehicle used to transport pupils or an accident involving equipment used in the performance of the employee's duties if the supervisor of the employee, or the supervisor's designee, has probable cause, based on knowledge of the events and circumstances of the accident, that the employee's involvement in the accident was influenced by the use of alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be documented by an affidavit signed by the supervisor of the employee, or the supervisor's designee.

C. School districts shall develop procedures for drug and alcohol testing of transportation employees as provided in the section.

D. The school district shall assume the costs of the drug and alcohol testing of a transportation employee. If the results of a test are positive, the school district may charge the costs of the test to the tested employee. The costs charged to the employee are limited to the actual costs incurred as a result of testing. If the results of a test are negative, the school district shall not charge the costs of testing to the tested employee.

E. A transportation employee who refuses to submit to drug and alcohol testing or whose test results are positive may be terminated from employment. School districts shall develop a procedure for an employee to appeal the test findings before termination of the employee.

F. An employee who is terminated or otherwise disciplined under this section shall be entitled to all appeal and review rights the employee would have as a district employee or by contract with another person or entity which furnishes transportation services to the school district.

G. For purposes of this section, "transportation employee" means an individual who is employed by the school district, or by another person or entity which furnishes transportation services to the school district, as the driver of a vehicle used to transport pupils, as a person involved in the maintenance and service of vehicles used to transport pupils, as a person involved in the dispatching or supervision of persons employed as drivers of vehicles used to transport pupils or persons involved in the maintenance and service of vehicles used to transport pupils.
A.R.S. § 15-450 — Arizona Code / Title 15 / Chapter 4 / Article 3 / Section 450
15-450 Formation of a new joint unified school district; petition; report; election; notice; ballots; canvass of votes; appointment of governing board
Status: in_force

15-450. Formation of a new joint unified school district; petition; report; election; notice; ballots; canvass of votes; appointment of governing board

A. Notwithstanding any other statute, a new joint unified school district may be formed if the formation is approved by the state board of education and if the following requirements are met:

1. The boundaries of the proposed new joint unified school district include an incorporated city that is divided by two counties.

2. The proposed new joint unified school district includes territory within the boundaries of two or more existing school districts.

3. The proposed new joint unified school district would have a student count of not less than six hundred.

4. A high school is not located within the boundaries of the proposed new joint unified school district.

5. The assessed valuation of the proposed school district is at least two million dollars.

6. The governing boards of the districts affected have been given notice of the proposed change and an opportunity to be heard pursuant to section 15-442, subsection B.

B. If it is desired that a new joint unified school district be formed pursuant to the provisions of this section, ten per cent or more of the qualified electors residing within the boundaries of the proposed joint unified school district shall file petitions with the county school superintendents of the counties in which the territory of the proposed district is situated. The petitions shall describe the territory to be included in the proposed joint unified school district and shall request that the formation of the proposed district be submitted to the qualified electors who reside within the proposed district.

C. Each county school superintendent with whom petitions for the formation of a joint unified school district are filed shall examine the petitions within fifteen days of the date of receipt to determine their sufficiency, including the adequacy of the signatures from the portion of the proposed district within his county. If the petitions are found sufficient, the county school superintendent shall transmit the petitions to the state board of education.

D. The state board of education shall promptly schedule a review of the issue of the formation of the proposed joint unified school district after receiving the petitions from the county school superintendents pursuant to subsection C of this section. The board shall approve or reject the formation of the proposed joint unified school district within sixty days of the date of receipt of the petitions. The board shall consider:

1. Operational costs of the existing and proposed districts.

2. Travel times and distances.

3. Climatic conditions.

4. Local terrain.

5. The number of pupils.

6. The fairness and appropriateness of any redistribution of taxable wealth from an existing school district to a proposed joint unified school district.

7. Whether the assessed valuation of the proposed joint unified school district is sufficient to support the district in a manner comparable to other districts of similar size.

If the state board after considering all such factors determines that the proposed new district will not cause an undue adverse effect on the operations of any existing school district, jeopardize the operation of the proposed joint common school district or cause a disproportionate amount of taxable wealth to be redistributed, it shall approve the petitions and return them to the respective county school superintendents.

E. On approval from the state board of education, the county school superintendent of each county whose territory or a portion of whose territory will be included in the proposed joint unified school district shall submit the question of the formation of the proposed joint unified school district to the voters at a general election or at a special election to be held for that purpose. If no general election is scheduled to be held within sixty days after the date the county school superintendent receives the approved petitions from the state board of education, he shall promptly call a special election to be held within sixty days after receipt of the approved petitions. Notice of the election shall be given by the county school superintendent to the boards of supervisors. At least ten days before the election, the county school superintendent shall cause notice of the proposed election to be posted in not less than three public places in the proposed district and to be published at least once in a newspaper of general circulation in the proposed district. The notice shall state the following:

1. The question to be voted on and the boundaries of the proposed joint unified school district with sufficient definiteness to make them readily ascertainable.

2. A description of voter qualifications, including requirements that the voters shall be residents of the proposed district.

3. The location of voting places within the proposed district, at least one of which shall be in each county.

F. Within ten days after the election, the county school superintendent and the chairman of the board of supervisors of each county shall canvass the vote. If a majority of the votes cast in each county of persons who reside within the proposed district favors formation of the proposed joint unified school district, the boards of supervisors shall jointly declare the election and the joint unified school district shall become operative from and after June 30 next following the election.

G. If the joint unified school district includes territory located in two or more counties, the county of jurisdiction is the county in which the largest number of qualified electors of the joint unified school district resides, except that if all of the existing school buildings are located in one county, that county is the county of jurisdiction. The county school superintendent of the jurisdictional county shall perform all duties for and with respect to the joint unified school district required to be performed by county school superintendents. The board of supervisors of the jurisdictional county shall perform all duties for and with respect to the joint unified school district required to be performed by boards of supervisors, except that school district taxes to be levied on property in the portion of the joint unified school district lying in another county shall be levied by the board of supervisors of the other county or counties and on receipt shall be transferred to the county of jurisdiction.

H. If a new joint unified school district is authorized, the governing boards of the existing school districts shall prepare a projected list of assets for the existing districts prior to the end of the fiscal year in which the election is held. The governing boards of the original school districts and the new joint unified school district shall prepare a final statement of assets for the formerly existing school districts as of the end of the fiscal year in which the election was held and shall have the statement of cash and bonded indebtedness certified by the county treasurers by August 30 of the year in which the new school district becomes operative. The governing boards of the original school districts and the new joint unified school district shall set aside sufficient assets or provide other means to satisfy the liabilities of the former existing districts except for bonded indebtedness and approve the final division of all assets by September 15 of the year in which the new school district becomes operative. If one or more of the governing boards fail to provide for satisfying the liabilities and fail to approve the division of assets by September 15, the county attorney or attorneys shall determine the means to satisfy the liabilities and final division of assets by October 1 of the fiscal year in which the new school district becomes operative.

I. The division of bonded indebtedness of the original school districts shall be in accordance with the provisions of section 15-457, subsection B. In addition, any debt due to lease-purchase agreements shall be handled in a similar manner as outlined for bonded indebtedness in section 15-457, subsection B.

J. Sections 15-457, 15-975 and 15-997 apply to joint unified school districts formed under this section.

K. A joint unified school district shall not be formed if any of the resulting school districts would have a student count for the current year of less than six hundred.

L. The governing board of the joint unified school district shall prepare policies, curricula and budgets for the new school district. These policies shall require that:

1. The base salary of each teacher for the first year of operation of the new school district shall not be lower than the teacher's base salary for the prior year in the previously existing school district.

2. The teacher's years of employment in the previously existing school district shall be included in determining the teacher's years of employment in the new joint unified school district.

M. If a new joint unified school district is authorized, the governing board of a district that will have its boundaries reduced by creation of the new joint unified district may hold an override election for the year beginning July 1 after the election that authorized the formation of the new joint unified district. The governing board of a school district that will have its boundaries reduced by creation of the new joint unified district may hold a bond election for bonds applicable to and paid solely by the school district as it will exist after the formation of the new joint unified school district.  Override elections and bond elections under this subsection shall be held on the first Tuesday following the first Monday in November as prescribed by section 16-204.  The electors who reside in an area that property will not be subject to taxation for operation or payment of the bonds of the school district calling the override or bond election after creation of the new joint unified school district are not eligible to vote in such an override or bond election.
A.R.S. § 15-1042 — Arizona Code / Title 15 / Chapter 9 / Article 8 / Section 1042
15-1042 Student level data; timeline for submittal; confidentiality; definition
Status: in_force

15-1042. Student level data; timeline for submittal; confidentiality; definition

A. The department of education shall notify school districts, career technical education districts and charter schools of electronic data submission procedures and shall distribute a list of the specific student level data elements, including the statutory or regulatory reference for each data element, that school districts, career technical education districts and charter schools are required to submit.

B. Each school district, career technical education district and charter school shall submit electronic data on a school-by-school basis, including student level data, to the department of education in order for the school district, career technical education district or charter school to receive monies for the cost of educating students pursuant to this title.

C. The department of education shall grant a school district, career technical education district or charter school an extension to the deadline to submit student level data or may provide for an alternative method to submit student level data if the school district, career technical education district or charter school proves that good cause exists for the extension, and the school district, career technical education district or charter school shall continue to receive monies for the cost of educating students pursuant to this title.  The request for an extension of the deadline to submit student level data pursuant to this subsection shall include a justification for the extension and the status of current efforts toward complying with the submission of student level data.

D. A pupil or the parent or guardian of a pupil shall not be required to submit data that does not relate to the provision of educational services or assistance to the pupil.

E. Unless otherwise prescribed, school districts, career technical education districts and charter schools shall begin to report new data elements on July 1 of the year that follows the effective date of the law that requires the collection of the data.

F. Student level data items submitted to the department of education by school districts, career technical education districts and charter schools pursuant to this section shall not be used to adjust funding levels or calculate the average daily membership for the purpose of funding school districts at any time other than the fortieth, one hundredth and two hundredth days of the school year.

G. A school district, career technical education district or charter school is not required to submit student level data to the department of education more often than once every twenty school days.

H. Notwithstanding subsection J of this section, the student level data shall include reasons for the withdrawal if reasons are provided by the withdrawing pupil or the pupil's parent or guardian.  For the purposes of this subsection, the department of education shall include in the specific student level data elements that school districts, career technical education districts and charter schools are required to submit data relating to students who withdraw from school because the student is pregnant or because the student is the biological parent of a child.

I. All student level data collected pursuant to this section is confidential and is not a public record.  The data collected may be used for aggregate research and reporting and for providing access of student level data to school districts, career technical education districts, charter schools, community colleges and universities under the jurisdiction of the Arizona board of regents.

J. For the purposes of this section, "student level data" means all data elements that are compiled and submitted for each student in this state and that are necessary to complete the statutory requirements of the department of education and the state board of education relating to calculating funding for public education, determining student academic progress as measured by student testing programs in this state, state and federal reporting requirements and other duties prescribed to the department of education or the state board of education by law. Student level data does not include data elements related to student behavior, discipline, criminal history, medical history, religious affiliation, personal physical descriptors or family information not authorized by the parent or guardian of the pupil or otherwise required by law.
A.R.S. § 15-252 — Arizona Code / Title 15 / Chapter 2 / Article 3 / Section 252
15-252 Powers and duties; publications; payment of claims for printing
Status: in_force

15-252. Powers and duties; publications; payment of claims for printing

A. The superintendent of public instruction shall:

1. Print as needed in pamphlet form the laws relating to schools, including model forms of which the superintendent is unable to supply blanks, and supply copies of the pamphlets to school officers and teachers, school libraries and the Arizona state library, archives and public records.

2. Prepare, print and distribute pamphlets on subjects the state board of education directs, including school sanitation, school architecture and an enumeration of the school holidays established by law.

3. Prepare, print and distribute through the county school superintendents blank forms and school registers, with instructions and rules as to their use, to teachers and officers charged with administration of laws pertaining to schools.

4. Print and distribute the courses of study prescribed by the state board of education.

5. Prepare and print blank forms for teachers' certificates.

B. The superintendent of public instruction may prepare and publish on the web site maintained by the department of education a list of the top elementary schools in this state, the top junior high or middle schools in this state, the top high schools in this state and the top charter schools in this state based on the school's academic gains according to measures selected by the department of education. The number of top schools determined by the department of education in the 2007-2008 school year shall be limited to the top fifty schools in each category prescribed in this subsection.  After the 2007-2008 school year, the department of education may include more than fifty schools in any category prescribed in this subsection if more than fifty schools in that category meet the selection criteria established for the top fifty schools in that category in the 2007-2008 school year.  Academic gains shall be expressed in terms of percentile ranking in percentile points and shall be appropriately weighted for scientific validity.  The superintendent of public instruction may make technical adjustments to the information prescribed in this subsection that are necessary for purposes of comparability of data, and the superintendent shall post an explanation of these technical adjustments on the department's web site.  The superintendent may measure and post the following information with respect to the top fifty schools in each category prescribed in this subsection:

1. If the school provides instruction in kindergarten programs and grades one and two, a separate measurement of the school's academic gains in kindergarten programs and in grades one and two.

2. The percentage of parents of pupils who are enrolled at the school who categorize the school as excellent on a survey of parental satisfaction with the school.

3. The percentage of pupils who are enrolled at the school and who categorize the school as excellent on a survey of pupil satisfaction with the school.

4. The percentage of teachers who are employed at the school and who categorize the school as excellent on a survey of teacher satisfaction with the school.

C. Claims for the printing of laws and reports of the superintendent shall be approved by the superintendent and paid as other claims against the state are paid from appropriations for the state board of education.
A.R.S. § 15-1653 — Arizona Code / Title 15 / Chapter 13 / Article 3 / Section 1653
15-1653 Authority to prescribe rules governing admission and attendance
Status: in_force

15-1653. Authority to prescribe rules governing admission and attendance

The Arizona board of regents and the governing board of the school district in which a teacher training school is located shall jointly prescribe rules and regulations governing admission and attendance at the training school of children of school age who reside within the school district and governing all pupils in changing their attendance from the training school to another school in the school district. The Arizona board of regents may admit all children of school age residing within the school district who are not then registered during that year for attendance at another school of the school district for attendance at the training school up to such number as necessary for the conduct of the training school.
A.R.S. § 15-249.11 — Arizona Code / Title 15 / Chapter 2 / Article 2 / Section 249.11
15-249.11 Rural STEM program fund; definition
Status: in_force

15-249.11. Rural STEM program fund; definition

A. The rural STEM program fund is established for the purposes of supporting science, technology, engineering and math programs in rural schools. The fund consists of monies appropriated by the legislature and grants, gifts, devises and donations from any public or private source. Monies in the fund are continuously appropriated for the purposes of this section. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department of education shall administer the fund and may use not more than five percent of the monies deposited in the fund in a fiscal year for administrative purposes under this section. On notice from the department, 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. Monies in the fund are subject to state auditing procedures.

B. Subject to review and approval by the state board of education, the department of education shall establish a process for rural schools to apply for grants from the rural STEM program fund.  A rural school applying for a grant shall demonstrate how the rural school plans to use monies from the fund and what outcomes the rural school plans to achieve with students. A rural school that receives funding must demonstrate that the school's STEM program meets the academic standards for science, technology, engineering and mathematics as adopted by the state board of education.

C. On or before June 30 of each year, a rural school that receives monies from the rural STEM program fund shall provide the department of education with updates on outcomes achieved with students and how monies from the fund were spent.  On or before November 15 of each year, the department of education shall report to the president of the senate, the speaker of the house of representatives and the governor on the amount of grants made from the rural STEM program fund, outcomes achieved with students statewide and how program monies were expended.

D. For the purposes of this section, "rural school" means a charter school or a school within a school district that has a student count of three hundred or less and that meets either of the following:

1. Is located in a county with a population of less than four hundred thousand persons.

2. Is located in a census county division with less than fifty thousand persons in a county with a population of at least four hundred thousand persons.
A.R.S. § 15-185 — Arizona Code / Title 15 / Chapter 1 / Article 8 / Section 185
15-185 Charter schools; financing; civil penalties; transportation; definition
Status: in_force

15-185. Charter schools; financing; civil penalties; transportation; definition

A. A school district is not financially responsible for any charter school that is sponsored by the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts.

B. Financial provisions for a charter school that is sponsored by the state board of education, the state board for charter schools, a university, a community college district or a group of community college districts are as follows:

1. The charter school shall calculate a base support level as prescribed in section 15-943, except that:

(a) Section 15-941 does not apply to these charter schools.

(b) The small school weights prescribed in section 15-943, paragraph 1 apply if a charter holder holds one charter for one or more school sites and the average daily membership for the school sites are combined for the calculation of the small school weight. The small school weight shall not be applied individually to a charter holder if one or more of the following conditions exist and the combined average daily membership derived from the following conditions is greater than six hundred:

(i) The organizational structure or management agreement of the charter holder requires the charter holder or charter school to contract with a specific management company.

(ii) The governing body of the charter holder has identical membership to another charter holder in this state.

(iii) The charter holder is a subsidiary of a corporation that has other subsidiaries that are charter holders in this state.

(iv) The charter holder holds more than one charter in this state.

(c) Notwithstanding subdivision (b) of this paragraph, for fiscal years 2015-2016 and 2016-2017, the department of education shall reduce by thirty-three percent the amount provided by the small school weight for charter schools prescribed in subdivision (b) of this paragraph.

2. Notwithstanding paragraph 1 of this subsection, the student count shall be determined initially using an estimated student count based on actual registration of pupils before the beginning of the school year.  Notwithstanding section 15-1042, subsection F, student level data submitted to the department may be used to determine estimated student counts.  After the first forty days, one hundred days or two hundred days in session, as applicable, the charter school shall revise the student count to be equal to the actual average daily membership, as defined in section 15-901, of the charter school. Before the fortieth day, one hundredth day or two hundredth day in session, as applicable, the state board of education, the state board for charter schools, the sponsoring university, the sponsoring community college district or the sponsoring group of community college districts may require a charter school to report periodically regarding pupil enrollment and attendance, and the department of education may revise its computation of equalization assistance based on the report. A charter school shall revise its student count, base support level and charter additional assistance before May 15.  A charter school that overestimated its student count shall revise its budget before May 15. A charter school that underestimated its student count may revise its budget before May 15.

3. A charter school may use section 15-855 for the purposes of this section. The charter school and the department of education shall prescribe procedures for determining average daily membership.

4. Equalization assistance for the charter school shall be determined by adding the amount of the base support level and charter additional assistance. The amount of the charter additional assistance is  $2,131.90 per student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and $2,484.69 per student count in grades nine through twelve.

5. The state board of education shall apportion state aid from the appropriations made for such purposes to the state treasurer for disbursement to the charter schools in each county in an amount as determined by this paragraph. The apportionments shall be made as prescribed in section 15-973, subsection B.

6. The charter school shall not charge tuition for pupils who reside in this state, levy taxes or issue bonds. A charter school may admit pupils who are not residents of this state and shall charge tuition for those pupils in the same manner prescribed in section 15-823.

7. Not later than noon on the day preceding each apportionment date established pursuant to paragraph 5 of this subsection, the superintendent of public instruction shall furnish to the state treasurer an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the charter schools for the amount apportioned.

C. If a pupil is enrolled in both a charter school and a public school that is not a charter school, the sum of the daily membership, which includes enrollment as prescribed in section 15-901, subsection A, paragraph 1, subdivisions (a) and (b) and daily attendance as prescribed in section 15-901, subsection A, paragraph 5, for that pupil in the school district and the charter school shall not exceed 1.0. If a pupil is enrolled in both a charter school and a public school that is not a charter school, the department of education shall direct the average daily membership to the school with the most recent enrollment date. On validation of actual enrollment in both a charter school and a public school that is not a charter school and if the sum of the daily membership or daily attendance for that pupil is greater than 1.0, the sum shall be reduced to 1.0 and shall be apportioned between the public school and the charter school based on the percentage of total time that the pupil is enrolled or in attendance in the public school and the charter school.  The uniform system of financial records shall include guidelines to apportion the pupil enrollment and attendance as provided in this section.

D. Charter schools are allowed to accept grants and gifts to supplement their state funding, but it is not the intent of the charter school law to require taxpayers to pay twice to educate the same pupils.  The base support level for a charter school or for a school district sponsoring a charter school shall be reduced by an amount equal to the total amount of monies received by a charter school from a federal or state agency if the federal or state monies are intended for the basic maintenance and operations of the school. The superintendent of public instruction shall estimate the amount of the reduction for the budget year and shall revise the reduction to reflect the actual amount before May 15 of the current year. If the reduction results in a negative amount, the negative amount shall be used in computing all budget limits and equalization assistance, except that:

1. Equalization assistance shall not be less than zero.

2. For a charter school sponsored by the state board of education, the state board for charter schools, a university, a community college district or a group of community college districts, the total of the base support level and the charter additional assistance shall not be less than zero.

E. If a charter school was a district public school in the prior year and sponsored by the state board of education, the state board for charter schools, a university, a community college district or a group of community college districts, the reduction in subsection D of this section applies. The reduction to the base support level of the charter school shall equal the sum of the base support level and the charter additional assistance received in the current year for those pupils who were enrolled in the traditional public school in the prior year and are now enrolled in the charter school in the current year.

F. Equalization assistance for charter schools shall be provided as a single amount based on average daily membership without categorical distinctions between maintenance and operations or capital.

G. At the request of a charter school, the county school superintendent of the county where the charter school is located may provide the same educational services to the charter school as prescribed in section 15-308, subsection A. The county school superintendent may charge a fee to recover costs for providing educational services to charter schools.

H. If the sponsor of the charter school determines at a public meeting that the charter school is not in compliance with federal law, with the laws of this state or with its charter, the sponsor of a charter school may submit a request to the department of education to withhold up to ten percent of the monthly apportionment of state aid that would otherwise be due the charter school. The department shall adjust the charter school's apportionment accordingly. The sponsor shall provide written notice to the charter school at least seventy-two hours before the meeting and shall allow the charter school to respond to the allegations of noncompliance at the meeting before the sponsor makes a final determination to notify the department of education of noncompliance. The charter school shall submit a corrective action plan to the sponsor on a date specified by the sponsor at the meeting. The corrective action plan shall be designed to correct deficiencies at the charter school and to ensure that the charter school promptly returns to compliance. When the sponsor determines that the charter school is in compliance, the department shall restore the full amount of state aid payments to the charter school.

I. In addition to the withholding of state aid payments pursuant to subsection H of this section, the sponsor of a charter school may impose a civil penalty of $1,000 per occurrence if a charter school fails to comply with the fingerprinting requirements prescribed in section 15-183, subsection C or section 15-512. The sponsor of a charter school shall not impose a civil penalty if it is the first time the charter school is out of compliance with the fingerprinting requirements and if the charter school provides proof within forty-eight hours after written notification that an application for the appropriate fingerprint check has been received by the department of public safety. The sponsor of the charter school shall obtain proof that the charter school has been notified, and the notification shall identify the date of the deadline and shall be signed by both parties. The sponsor of a charter school shall automatically impose a civil penalty of $1,000 per occurrence if the sponsor determines that the charter school subsequently violates the fingerprinting requirements. Civil penalties pursuant to this subsection shall be assessed by requesting the department of education to reduce the amount of state aid that the charter school would otherwise receive by an amount equal to the civil penalty. The amount of state aid withheld shall revert to the state general fund at the end of the fiscal year.

J. A charter school may receive and spend monies distributed by the department of education pursuant to section 42-5029, subsection E, section 42-5029.02, subsection A and section 37-521, subsection B.

K. If a school district transports or contracts to transport pupils to the Arizona state schools for the deaf and the blind during any fiscal year, the school district may transport or contract with a charter school to transport sensory impaired pupils during that same fiscal year to a charter school if requested by the parent of the pupil and if the distance from the pupil's place of actual residence within the school district to the charter school is less than the distance from the pupil's place of actual residence within the school district to the campus of the Arizona state schools for the deaf and the blind.

L. Notwithstanding any other law, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts shall not include any student in the student count of the university, community college district or group of community college districts for state funding purposes if that student is enrolled in and attending a charter school sponsored by the university, community college district or group of community college districts.

M. The governing body of a charter school shall transmit a copy of its proposed budget or the summary of the proposed budget and a notice of the public hearing to the department of education for posting on the department of education's website not later than ten days before the hearing and meeting. If the charter school maintains a website, the charter school governing body shall post on its website a copy of its proposed budget or the summary of the proposed budget and a notice of the public hearing.

N. The governing body of a charter school shall collaborate with the private organization that is approved by the state board of education pursuant to section 15-792.02 to provide approved board examination systems for the charter school.

O. If allowed by federal law, a charter school may opt out of federal grant opportunities if the charter holder or the appropriate governing body of the charter school determines that the federal requirements impose unduly burdensome reporting requirements.

P. For the purposes of this section, "monies intended for the basic maintenance and operations of the school" means monies intended to provide support for the educational program of the school, except that it does not include supplemental assistance for a specific purpose or title VIII of the elementary and secondary education act of 1965 monies. The auditor general shall determine which federal or state monies meet this definition.
A.R.S. § 15-1023.01 — Arizona Code / Title 15 / Chapter 9 / Article 7 / Section 1023.01
15-1023.01 Municipal property corporation financing prohibited; definition
Status: in_force

15-1023.01. Municipal property corporation financing prohibited; definition

A. Except as provided in subsection C, a school district shall not directly or indirectly pledge its full faith and credit nor incur any direct or indirect obligation of any kind against or pay school district revenues to a municipal property corporation or a special district under title 48 as a means of financing the acquisition or construction of school capital facilities.

B. This section does not apply to any valid obligation initially incurred by a school district on or before December 31, 1998.

C. A school district may pledge school district revenues to a municipal property corporation or a special district under title 48 for the purpose of constructing teacher housing facilities or for any project financed with a loan from the United States department of agriculture.

D. For purposes of this section, "municipal property corporation" means a corporation organized by or at the direction of a city, town or school district to construct and own a capital facility that the school district pledges to lease or lease-purchase and finance with school district revenues.
A.R.S. § 15-901.06 — Arizona Code / Title 15 / Chapter 9 / Article 1 / Section 901.06
15-901.06 Dropout recovery programs; written learning plan; requirements; annual report; definitions
Status: in_force

15-901.06. Dropout recovery programs; written learning plan; requirements; annual report; definitions

A. Each alternative school within a school district and each alternative charter school that provides instruction to high school students may offer a dropout recovery program for eligible students.  An online course provider as defined in section 15-808 or an online school as defined in section 15-808 that provides Arizona online instruction under section 15-808 may not provide a dropout recovery program.

B. The state board of education shall prescribe standards and achievement testing requirements for dropout recovery programs that attempt to ensure that the programs are compatible with public school education goals and requirements. The standards shall require dropout recovery programs to do all of the following:

1. Provide curricula aligned to the academic standards adopted by the state board of education. The curricula may be delivered online.  An alternative school within a school district or an alternative charter school with a unique entity number may provide a dropout recovery program pursuant to this section if the school is not also an online course provider as defined in section 15-808 or an online school as defined in section 15-808 that provides Arizona online instruction under section 15-808.

2. Provide standardized tests required by federal and state law.

3. Make available appropriate and sufficient supports for students, including tutoring, career counseling and college counseling.

4. Comply with federal and state laws governing students with disabilities.

5. Meet state requirements for high school graduation.

C. Each eligible student who is enrolled in a dropout recovery program shall have a written learning plan developed by the student's assigned mentor. The written learning plan shall include the following elements:

1. The start date and anticipated end date of the plan.

2. Courses to be completed by the student during the academic year.

3. Whether courses will be taken sequentially or concurrently.

4. State competency exams to be taken, as necessary.

5. Expectations for satisfactory monthly progress.

6. Expectations for contact with the student's assigned mentor.

7. Whether the student will receive wraparound services or support services, including social work coaching sessions, trauma coaching sessions or food and housing security coaching sessions, that count toward the student's satisfactory monthly progress.  Services provided pursuant to this paragraph may count toward a student's satisfactory monthly progress only during the student's initial entry into a dropout recovery program and may not count during any subsequent entries into the same school's dropout recovery program.

D. The monthly participation in a dropout recovery program shall be recorded on or before the tenth school day of each month and shall be reported to the department of education at the same time as other data required pursuant to section 15-1042. Monthly participation calculations shall include:

1. Newly enrolled students who have a written learning plan on file on or before the first school day of the previous month.

2. Students who met the expectations for satisfactory monthly progress in the previous month.

3. Students who did not meet the expectations for satisfactory monthly progress in the previous month but did meet the expectations in the month before the previous month.

4. Students who met expectations for program reentry in the revised written learning plan in the previous month.

E. Because dropout recovery students are not expected to regularly attend classes at the school district or charter school facilities, standard procedures for recording student attendance cannot be effectively applied to those students. For students participating in a dropout recovery program, an eligible student shall be counted as being in attendance in the school's average daily attendance calculations pursuant to subsection F of this section if the student meets one of the following conditions:

1. Is in the first month of enrollment in the program and completes the program orientation during that month.

2. Is enrolled in teacher-facilitated synchronous or asynchronous courses and meets the expectations for satisfactory monthly progress for the current or previous month.  A student who does not meet expectations for monthly progress for two or more consecutive months shall not be counted as being in attendance until the student meets the expectations for program reentry.

3. Meets the expectations for program reentry in the revised written learning plan.

F. If a student is enrolled in a school district or charter school other than the school district or charter school that participates in the dropout recovery program and also participates in a dropout recovery program in the same fiscal year, the average daily membership as prescribed in section 15-901, subsection A, paragraph 1, subdivisions (a) and (b) for that student in the school district or charter school and in a dropout recovery program shall not exceed 1.0, except that if the student is enrolled in a dropout recovery program and a career technical education district, the average daily membership provisions of section 15-393 apply.  If the student is enrolled in both a school district or charter school and a dropout recovery program in the same fiscal year and the sum of the average daily membership and average daily attendance for that student is greater than 1.0 or the amount prescribed in section 15-393 if the student is enrolled in a career technical education district, the sum shall be reduced to 1.0 or to the amount specified in section 15-393 if the student is enrolled in a career technical education district and shall be apportioned between the school district or charter school and the career technical education district, if applicable, and the dropout recovery program based on the proportionate shares of average daily membership in the school district or charter school and the average daily attendance in the dropout recovery program. The uniform system of financial records shall include guidelines for apportioning student enrollment and attendance as provided in this subsection.  Students in a dropout recovery program do not incur absences for purposes of this subsection and may generate average daily attendance for attendance during any hour of the day, during any day of the week and at any time between July 1 and June 30 of each fiscal year. The average daily attendance of a student who participates in a dropout recovery program shall not exceed 1.0 or the amount prescribed in section 15-393 if the student is enrolled in a career technical education district and shall be calculated by fulfilling the requirements of subsection E of this section. Average daily membership shall not be calculated on the one hundredth day of instruction for the purposes of this section.

G. Notwithstanding section 15-901, subsection A, paragraph 1, the average daily membership for students who are enrolled in a dropout recovery program shall equal the average daily attendance of the students.

H. School districts and charter schools shall be responsible for tuition charges and fees related to student participation in a dropout recovery program, including course materials and access to technology for use with online courses.

I. School districts and charter schools may contract with an educational management organization to provide dropout recovery program services.  If contracting with an educational management organization, the school district or charter school shall ensure that all of the following requirements are met:

1. The educational management organization is accredited by a regional accrediting body.

2. Teachers provided by the educational management organization hold a current teaching license from any state and a valid Arizona fingerprint clearance card pursuant to section 15-534, and teachers of core subjects are highly qualified in the subjects to which they are assigned.

J. The department of education shall create and maintain a list of alternative schools within a school district and alternative charter schools that offer a dropout recovery program and the educational management organization, if any, that provides dropout recovery program services to each school.  The department shall update the list described in this subsection on a quarterly basis.

K. An alternative school within a school district or an alternative charter school may apply to operate a dropout recovery program by submitting an application to the department of education in the form and manner prescribed by the department.  Notwithstanding subsection L of this section, if the school district or alternative charter school contracts with an educational management organization to provide the dropout recovery program, the school district or alternative charter school shall identify the educational management organization in the application required under this subsection.  The department shall determine whether the alternative school or alternative charter school meets the criteria prescribed in this section and notify the school district or alternative charter school of the determination within thirty days after receiving the application. The school district or alternative charter school may respond to and appeal the department's determination within thirty days.

L. An alternative school within a school district or an alternative charter school that offers a dropout recovery program pursuant to this section shall notify the department of education within thirty days after entering or terminating a contract with an educational management organization for dropout recovery program services.

M. Dropout recovery programs are subject to the accountability provisions of section 15-241.

N. Entities that are contracted to provide dropout recovery programs may conduct outreach to encourage students who are not currently enrolled in a school district or charter school in this state to return to school. Entities that are contracted to provide dropout recovery programs shall not conduct advertising or marketing campaigns directed at students who are currently enrolled in a school district or charter school, or undertake any other activity that encourages students who are currently enrolled in a school district or charter school to stop attending school in order to qualify for a dropout recovery program.

O. On or before July 31 of each year, each school and educational management organization that provides a dropout recovery program shall report to the department of education the following information in the form and manner prescribed by the department:

1. The total number of students who satisfy both of the following requirements during the fiscal year:

(a) Are continuously enrolled in the dropout recovery program for at least eighty school days.

(b) Earn at least four and one-half credits or earn all the remaining credits that the student needs for graduation.

2. The total number of students who are enrolled in the dropout recovery program on or before January 31 during the fiscal year and who either:

(a) Graduated before January 31.

(b) Met all of the following requirements on January 31:

(i) Were enrolled in the dropout recovery program.

(ii) Needed three or fewer credits to satisfy the graduation requirements prescribed by the state board of education.

(iii) Needed one or fewer credits in mathematics to satisfy the graduation requirements prescribed by the state board of education.

3. The percentage of students described in paragraph 2 of this subsection who graduated during the fiscal year.

4. The percentage of students described in paragraph 2 of this subsection who earned at least one college and career readiness indicator point.

P. On or before November 1 of each year, the department of education shall compile the information received under subsection O of this section in a report, shall submit the report to the governor, the president of the senate and the speaker of the house of representatives and shall post the report on the department's website.

Q. For the purposes of this section:

1. "Eligible student" means a student who is not currently enrolled in a school district or charter school and who has been withdrawn from a school district or charter school for at least ten days, unless the school district or alternative charter school determines that the student is unable to participate in other school district or charter school programs.

2. "Satisfactory monthly progress":

(a) Means an amount of progress that is measurable on a monthly basis and that, if continued for twelve months, would result in the same amount of academic credit being awarded to the student as would be awarded to a student in a traditional education program who completes a full school year.

(b) Includes a lesser required amount of progress for the first two months that the student participates in the program so that wraparound services or support services provided pursuant to the student's written learning plan may be established.