Arizona 2022 2022 Regular Session

Arizona House Bill HB2118 Comm Sub / Analysis

Filed 02/17/2022

                      	HB 2118 
Initials CH 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: ED DPA 9-1-0-0  
 
HB 2118: schools; alternative education; revisions 
Sponsor: Representative Kaiser, LD 15 
Caucus & COW 
Overview 
Modifies eligibility, average daily membership (ADM) calculations and enrollment procedures for 
alternative education programs and alternative schools.  
History 
Statute permits a school district governing board (governing board) to contract with any public 
body or private person to provide alternative education programs. Alternative education means 
the modification of the school course of study and adoption of teaching methods, materials and 
techniques to provide educationally for pupils in the 6th-12th grades who are unable to profit from 
the regular school course of study and environment (A.R.S. § 15-796).  
Currently, to apply for alternative status, a school must apply to the Arizona Department of 
Education (ADE) and: 1) have an adopted mission statement; 2) have an educational program 
and support services that align to its mission statement; 3) offer a high school diploma if a 
secondary school; 4) receive current year state assessment scores for their students; and 5) have 
at least 70% of a student body that falls under outlined at-risk categories (ADE).  
School districts may count pupils who are not physically in attendance in a recognized school but 
who are enrolled in and physically in attendance in an alternative education program for the 
purposes of daily attendance. Governing boards are to prescribe procedures for verifying the 
attendance of these pupils. However, school districts operating alternative schools must comply 
with the annual hours of instruction as outlined in statute (A.R.S. §§ 15-797, 15-901).  
The Student Accountability Information System (SAIS) is the student data system maintained by 
ADE. School and career technical education districts are required to submit student level and 
school finance data to ADE (A.R.S. Title 15, Chapter 9, Article 8).  
The Arizona State Board for Charter Schools (ASBCS) currently consists of the Superintendent 
of Public Instruction (or their designee), six members of the general public, two members of the 
business community, a charter school teacher and a charter school operator (A.R.S. § 15-182).  
Provisions 
1. Mandates an alternative education program or alternative school admit students who are 
younger than 25 years old. (Sec. 3) 
2. Makes students enrolled in an alternative education program or alternative school and who 
are younger than 25 years old eligible for state funding. (Sec. 3) 
3. Provides that funding for a student begins on the date of the student's enrollment in an 
alternative education program or alternative school. (Sec. 3) 
4. Classifies a student who is enrolled in an alternative education program or alternative school 
as a full-time student that generates 1.0 ADM if the student is enrolled in at least 20 hours of 
instruction weekly. (Sec. 5)    	HB 2118 
Initials CH 	Page 2 	Caucus & COW 
5. States the ADM of a student who is enrolled in fewer than 20 hours of instruction weekly is to 
be reduced proportionally. (Sec. 5) 
6. Caps the ADM of a student enrolled in an alternative education program or alternative school 
at 1.0. (Sec. 5) 
7. Permits a student to be enrolled in one, two, three or four courses that are taught concurrently 
or consecutively. (Sec. 5) 
8. Excludes dropout recovery programs from the outlined ADM and instructional hour 
specifications. (Sec. 5) 
9. Allows an alternative education program or alternative school to deliver the statutory annual 
required instructional time or hours to students on any day of the week. (Sec. 3) 
10. Allows an alternative education program or alternative school to satisfy any of the time and 
hour requirements in any manner prescribed in an instructional time model. (Sec. 5) 
11. Modifies the definition of alternative education to include the use of any instructional time 
models. (Sec. 3) 
12. Specifies that alternative education program includes an alternative education online program 
and alternative school includes an alternative online school. (Sec. 4) 
13. Authorizes an alternative education program or alternative school to enroll and receive funding 
for a student without a withdrawal form from the student's previous school if the withdrawal 
has been verified in SAIS. (Sec. 3) 
14. Allows the alternative education program or alternative school in which a student is currently 
enrolled to submit an official transcript or proof to ADE that confirms the student has not 
graduated within 30 days of the student's enrollment in the alternative education program or 
alternative school if the student's previous school incorrectly codes the student as a graduate 
in SAIS. (Sec. 3) 
15. Directs ADE to update SAIS to reflect a student's correct state on receipt of proof confirming 
that the student has not graduated. (Sec. 3) 
16. Defines SAIS. (Sec. 3) 
17. Alters the membership of ASBCS by: 
a) Reducing the number of general public members from six to five; and 
b) Adding a member who is an ADE-recognized alternative charter school operator. (Sec. 1) 
18. Requires the State Board of Education (SBE) to consider graduation, student growth to 
graduation and college and career readiness as the primary measures for the academic 
success of alternative education programs and alternative schools. (Sec. 3) 
19. Makes technical changes. (Sec. 1, 2, 3, 4, 5) 
20. Makes conforming changes. (Sec. 1, 2, 3, 4, 5, 6) 
Amendments 
Committee on Education 
1. Removes language that allow an alternative education program or alternative school to admit 
students who are younger than 25 years old.  
2. Deletes language that outlines ADM, instructional time and course specifications for full-time 
and part-time students enrolled in an alternative education program or alternative school. 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2118 
Initials CH 	Page 3 	Caucus & COW 
3. Deletes the requirement that SBE consider graduation, student growth to graduation and 
college and career readiness as the primary measures for the academic success of alternative 
education programs and alternative schools. 
4. Allows the alternative education program or alternative school in which a student is currently 
enrolled to continue to enroll the student if the student's previous school incorrectly codes the 
student as a graduate in SAIS.  
5. Specifies an alternative education program or alternative school may enroll and receive 
funding for a student without a withdrawal form from their previous school if the withdrawal 
has been verified in SAIS and the alternative education program or alternative school retains 
electronic documentation validating the withdrawal.  
6. Directs ADE to allocate funding beginning on the date of the student's enrollment in the 
alternative education program or alternative school if the student has been incorrectly coded 
as a graduate.  
7. Deletes the definitions of alternative education program and alternative school.