Arizona 2022 2022 Regular Session

Arizona House Bill HB2866 Comm Sub / Analysis

Filed 06/30/2022

                    Assigned to APPROP 	AS ENACTED 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
ENACTED 
AMENDED 
FACT SHEET FOR H.B. 2866/S.B. 1733 
 
K-12 education; 2022-2023 
Purpose 
Makes statutory and session law changes relating to K-12 education necessary to 
implement the FY 2023 state budget. 
Background 
The Arizona Constitution prohibits substantive law from being included in the general 
appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is 
often necessary to make statutory and session law changes to effectuate the budget. Thus, separate 
bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because 
BRBs contain substantive law changes, the Arizona Constitution provides that they become 
effective on the general effective date, unless an emergency clause is enacted. 
H.B. 2866 contains the budget reconciliation provisions for changes relating to K-12 
education. 
Provisions 
Base Support Level 
1. Increases the base level for FY 2023 from $4,390.65 to $4,775.27. 
2. Establishes a Group B weight of 0.018 for children who are eligible for the federal Free-and-Reduced 
Lunch Program (FRPL) and other school programs dependent on a poverty measure. 
3. Increases, from 0.093 to 0.292, the Group B support level weight for children with 
developmental delays (DD), emotional disabilities (ED), mild intellectual disabilities (MIID), 
a specific learning disability (SLD), a speech or language impairment (SLI) and other health 
impairments (OHI). 
4. Repeals the 1.25 percent base level increase for additional teacher compensation for school 
districts that are approved by the State Board of Education (SBE) as meeting recommended 
standards relating to teacher evaluations. 
5. Defines FRPL. 
  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 2 
 
 
Transportation Funding 
6. Increases the transportation support level formula per-route-mile amount for FY 2023 as 
follows: 
Approved Daily Route Mileage per 
Transported Student 	FY 2022 FY 2023 
0.5 or less 	2.77 2.83 
Between 0.5 and 1.0 	2.27 2.32 
Over 1.0 	2.77 2.83 
Additional Assistance 
7. Increases the district additional assistance (DAA) amount per student count for FY 2023 as 
follows:  
 	PreK 	K-8 	9-12 
Student Count Current FY 2023 Current FY 2023 Current FY 2023 
Less than 100 
$450.76 $502.33 
$544.58 $606.88 $601.24 $670.02 
Between 100 
and 600 
$389.25 $433.78 $405.59 $451.99 
At least 600 	$450.76 $502.33 $492.94 $549.33 
8. Increases, from $69.68 to $77.65, the per student count increase to DAA for textbooks and 
printed subject matter materials for grades 9 through 12. 
9. Increases the charter additional assistance amount per student count for FY 2023: 
a) from $1,897.90 to $1,985.58 for preschool programs for children with disabilities, 
kindergarten programs and grades 1 through 8; and 
b) from $2,211.97 to $2,314.16 for grades 9 through 12. 
Equalization Assistance Tax Rates 
10. Repeals the requirement that each county board of supervisors annually levy a state 
equalization assistance property tax rate (SETR) and removes the subtraction of SETR 
distributions from state equalization assistance provided to a school district. 
11. Conforms the tax year 2022 qualifying tax rates to reflect the required truth-in-taxation rate 
adjustment. 
Results-Based Funding 
12. Continues to suspend the statutory Results-Based Funding distributions and requires the 
Arizona Department of Education (ADE) to distribute monies from the Results-Based Funding 
Fund in FY 2023 as follows:  
a) $225 per student count for each district or charter school that: 
i. has less than 60 percent of enrolled pupils eligible for FRPL or an equivalent measure, 
including the community eligibility provision; and  
ii. performed in the top 13 percent of all Arizona schools on the statewide assessment in 
spring 2021;   FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 3 
 
 
b) $400 per student count for each district or charter school that:  
i. has at least 60 percent of enrolled pupils eligible for FRPL, or an equivalent measure, 
including the community eligibility provision; and  
ii. performed in the top 13 percent of schools on the statewide assessment in spring 2021 
of those schools with at least 60 percent of enrolled pupils eligible for FRPL, or an 
equivalent measure;  
c) $225 per student count for each district or charter school that:  
i. has at least 60 percent of enrolled pupils eligible for FRPL, or an equivalent measure 
including the community eligibility provision; and  
ii. performed within the top 13.1 to 27 percent of schools on the statewide assessment in 
spring 2021 of those schools with at least 60 percent of enrolled pupils eligible for 
FRPL or an equivalent measure; and  
d) $400 per student count for each alternative high school that performed in the top 27 percent 
of schools on the statewide assessment in spring 2021, with at least 60 percent of enrolled 
pupils eligible for FRPL or an equivalent measure. 
FY 2023 School District Budgets and Property Taxes  
(Retroactive to June 20, 2022) 
13. Authorizes a school district for FY 2023, to account for legislative changes to K-12 funding 
enacted after June 20, 2022, to: 
a) adopt a budget that is higher than its proposed budget; or  
b) revise a budget, if the adopted budget does not take the legislative changes into consideration. 
14. Requires the adopted district budgets to be used for setting the amount required to be levied 
for each school district from the primary and secondary property tax rates.  
15. Requires budget adoption hearing to identify the differences between the proposed budget and 
the budget presented for adoption. 
Empowerment Scholarship Accounts Parent Oversight Committee 
 (Parent Oversight Committee) 
16. Establishes the Parent Oversight Committee consisting of six members who are parents of 
students who: 
a) receive empowerment scholarship account (ESA) monies; 
b) are children with disabilities determined by an independent third party to be eligible to 
receive additional educational therapies or services as outlined; and 
c) use ESA monies for the prescribed additional educational therapies or services permissible 
for children with disabilities. 
17. Directs the Parent Oversight Committee to collaborate and interact with ADE, the SBE, the 
Attorney General and, as appropriate, the Auditor General to review: 
a) the implementation of ESA Program policies and procedures and the Program's 
effectiveness; 
b) the concerns of parents of students who receive ESA monies; and 
c) the work of the Ombudsman-Citizens Aide on complaints associated with ESA Program 
administration.  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 4 
 
 
18. Requires the Governor to appoint two Parent Oversight Committee members and requires the 
following to each appoint one member: 
a) the Speaker of the House of Representatives; 
b) the President of the Senate; 
c) the Minority Leader of the House of Representatives; and 
d) the Minority Leader of the Senate. 
19. Requires the Parent Oversight Committee to annually elect a chairperson from among its 
members and meet at least once each calendar quarter. 
20. Specifies that a majority of the membership constitutes a quorum for the transaction of 
business. 
21. Prohibits a parent from serving on the Parent Oversight Committee if the parent: 
a) is an employee or relative of an employee of ADE; 
b) receives monies or compensation from or is otherwise associated with a lobbyist 
organization, a school choice advocacy group or a private financial management firm that 
manages ESAs; or 
c) provides goods or services to students that qualify as permissible ESA expenses. 
Code Writers Initiative Program 
22. Establishes the Code Writers Initiative Program within ADE to provide grants on a competitive 
basis and requires grantees to: 
a) introduce a computer code writing curriculum for students in grades 9 through 12;  
b) deliver a technology-focused education, which may be offered through after-school 
programs, to Native American students that will prepare them for the global economy;  
c) instruct Native American students in computer code writing and work with industry 
partners to develop internships and programs that will be made available to students who 
complete Program curriculum;  
d) instruct teachers and administrators in a technology-focused curriculum;  
e) develop assessment metrics to measure progress to be used to determine the Program's 
effectiveness;  
f) install audiovisual distance learning equipment at key delivery points to maximize the 
number of participants; 
g) determine the impacts of the curriculum and teacher instruction on students' standardized 
test scores and graduation rates; and  
h) submit, by September 1, an annual report to the President of the Senate, Speaker of the 
House of Representatives, the ADE Indian Education Advisory Council (Council) and 
ADE containing detailed information on the program requirements for the most recent 
school year. 
23. Requires the Council to evaluate grant applications and make award recommendations to ADE. 
24. Requires ADE to maximize available funding by awarding grants to participants that will 
leverage state monies by securing gifts, grants and donations from other sources.  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 5 
 
 
Invest in Postsecondary Success Program  
(Postsecondary Success Program) 
25. Establishes the Postsecondary Success Program within ADE and directs ADE to administer 
the program. 
26. Requires the Postsecondary Success Program to contract with a nonprofit vendor that: 
a) has administered, for at least the five previous academic years: 
i. college match savings accounts (college match accounts) in which a student's contributions 
are matched by eight dollars for each dollar the student deposits per academic year; 
ii. financial capability training that addresses budgeting, managing student debt, savings, 
debit management, credit card use, retirement readiness and credit reports; and 
iii. workforce readiness training that addresses business mentoring, job shadowing, 
interviewing and resume skills and career exploration;  
b) has served at least 2,000 students in the past 10 years; and 
c) currently supports multiple student pathways by partnering with institutions of higher 
education, including community colleges, universities and career and technical education 
programs. 
27. Requires the college match accounts to be in the form of a custodial account or 529 plan. 
28. Establishes the Invest in Postsecondary Success Fund (Postsecondary Success Fund), 
consisting of legislative appropriations, administered by ADE. 
29. Directs ADE to use Postsecondary Success Fund monies to administer the Program and 
distribute monies to the selected vendor for the purposes of the Program. 
30. Directs the selected vendor to: 
a) administer college match accounts; and 
b) provide financial capability and workforce readiness training. 
31. Allows a student to apply to ADE to participate in the Postsecondary Success Program as ADE 
prescribes and directs ADE to prescribe eligibility criteria. 
32. Directs each Postsecondary Success Program participant to open a college match account with 
the selected vendor. 
33. Specifies that Postsecondary Success Fund monies are continuously appropriated and exempt 
from lapsing. 
34. Authorizes ADE to adopt rules for Postsecondary Success Program administration. 
Adult Education and Workforce Development Programs 
35. Directs, by July 1, 2024, the SBE, in cooperation with ADE, to adopt performance measures 
to evaluate the performance of the following adult education and workforce development 
programs: 
a) the Continuing High School and Workforce Training Program (High School and 
Workforce Program); 
b) the Adult Workforce Diploma Program (Workforce Diploma Program); and 
c) the Community College Adult Education Workforce Development Program (Community 
College Program).  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 6 
 
 
36. Directs ADE to administer the High School and Workforce Program, Workforce Diploma 
Program and Community College Program and provide adequate staff support for the SBE to 
comply with the program requirements. 
37. Requires the SBE-adopted performance measures to include: 
a) measurements of adult learner progress toward earning a high school or high school 
equivalency (HSE) diploma;  
b) the number of high school or HSE diplomas earned; 
c) the number of industry-recognized credentials earned; 
d) the number of adult learners or graduates who have matriculated at an institution of higher 
learning or postsecondary educational institution; 
e) the number of adult learners or graduates who have newly-acquired employment, who are 
earning higher wages or who have obtained a better job or promotion; and 
f) other relevant measures as adopted by the SBE, in cooperation with ADE. 
38. Requires the SBE-adopted performance measures to:  
a) allow for a comparable evaluation across adult education and workforce development 
programs; and  
b) take into consideration the variety of learning levels of adult learners entering the 
programs. 
High School and Workforce Program 
39. Directs the SBE to establish a High School and Workforce Program that:  
a) provides adult learners with alternative study services; and  
b) leads to the issuance of a high school diploma and industry-recognized credentials. 
40. Allows a high school diploma to be issued to a participating adult learner who meets statutory 
and SBE-adopted high school graduation requirements. 
41. Requires the SBE to authorize eligible service providers to participate in the High School and 
Workforce Program and establish a school in partnership with a school district or charter 
school (program school). 
42. Deems a service provider to be eligible for High School and Workforce Program participation 
if the provider: 
a) is a 501(c)(3) nonprofit corporation or an adult education provider approved by ADE Adult 
Education Services; and  
b) demonstrates at least a 10-year history of providing workforce training and career services 
in Arizona to persons:  
i. who are at least 18 years old; and  
ii. whose educational and training opportunities have been limited by educational 
disadvantages, disabilities or other barriers to education, such as a lack of affordable 
and reliable transportation, lack of child care or food insecurity.  
43. Requires the SBE, in consultation with ADE, to evaluate applications and approve program 
schools that demonstrate, through evidence or documentation, the ability to provide adult 
learners with the instruction and support that lead to a high school diploma and  
industry-recognized credentials.   FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 7 
 
 
44. Caps the terms of program school approval at: 
a) for initial approval, two school years; and  
b) for renewal of approval, four school years. 
45. Conditions the renewal of program school approval on specific performance expectations, 
including student progression, graduation rates and earned industry-recognized credentials. 
46. Caps total projected full-time enrollment of program schools at: 
a) 600 in FY 2023; 
b) 1,000 in FY 2024; and  
c) 1,400 in FY 2025 and each subsequent fiscal year. 
47. Directs ADE to develop application procedures for the High School and Workforce Program 
and requires a service provider to submit an application on behalf of a program school. 
48. Requires a High School and Workforce Program application to include: 
a) a description of the service provider's partnership with a school district or nonprofit charter 
school; 
b) a description of the program school's administrative structure, activities, staff, budget and 
specific curriculum that is aligned with state academic standards; 
c) the program school's academic calendar and a schedule describing the length of school day, 
program sequence, multidisciplinary courses, pace and instructional activities; 
d) confirmation of the program school's location and a description of the program school's 
facility, including accessibility, available classroom space, childcare space and health and 
safety requirements;  
e) a description of specific academic, behavioral and emotional support services that the 
service provider will offer to enrolled adult learners;  
f) a description of the adult learner and family supports that will be provided at no cost to 
adult learners, including on-site childcare, local transportation assistance, career and higher 
education counseling and job placement assistance; 
g) a description of the available counseling services that assist adult learners in overcoming 
barriers to educational success, including educational disadvantages, homelessness, 
criminal history or disabling conditions; 
h) a description of the career technical education (CTE) instruction the program school will provide; 
i) a description of specific outcomes, goals and metrics the program school will use to 
determine adult learner success; and 
j) the projected number of adult learners the program school will enroll. 
49. Requires the program school CTE instruction and courses to lead to industry-recognized 
credentials or result in an adult learner earning university or community college course credits. 
50. Allows a service provider to partner with a community college district or career technical 
education district to provide CTE instruction. 
High School and Workforce Program Funding, Compliance and Reporting 
51. Requires ADE to distribute, to a program school, $7,700 per full-time student and requires  
part-time students to be funded in proportion to the number of enrolled courses or hours of 
instruction.   FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 8 
 
 
52. Authorizes the SBE, if the total full-time enrollment requested by program schools exceeds the 
prescribed caps, to direct ADE to prioritize funding to schools demonstrating the highest 
performance. 
53. Requires the SBE to prioritize new program schools based on the adult learner services and 
supports outlined on their applications.  
54. Deems a program school to be ineligible for any other school finance formula funding for 
enrolled adult learners, including transportation funding, Arizona online instruction funding, 
base support level funding and additional assistance.  
55. Specifies that a program school is eligible to receive funding for any adult learner regardless of age. 
56. Requires a program school to meet all applicable legal requirements for public schools, 
including: 
a) requirements for student assessments and special education services; and  
b) prohibitions against admission limits based on ethnicity, national origin, gender, income 
level, disabling condition, English language proficiency or athletic ability.  
57. Prohibits a program school from:  
a) conducting advertising or marketing campaigns directed at students currently enrolled in a 
school district or charter school;  
b) undertaking any other activity that encourages students currently enrolled in a school 
district or charter school to stop attending in order to enroll in a program school; or 
c) enrolling a student who, within the preceding 30 days, was enrolled in a school district or 
charter school. 
58. Directs the SBE, if a service provider fails to meet any High School and Workforce Program 
requirements or SBE-adopted rules, to immediately:  
a) initiate a process to bring the program school into compliance; or  
b) revoke the program school's authorization to participate.  
59. Requires a program school to annually report to ADE the following information on adult 
learners enrolled in the school: 
a) the number enrolled; 
b) the graduation rate and average progress toward meeting graduation requirements; 
c) the number and type of industry-recognized credentials earned; 
d) the number of adult learners who have newly-acquired proficiency in the English language; 
e) a descriptive summary of the academic, behavioral and emotional support services the 
service provider offers; and 
f) information required by the SBE-adopted performance measures. 
60. Requires, by October 30, 2025, and each subsequent year, each program school to submit a 
report to ADE regarding the High School and Workforce Program. 
61. Requires, beginning in 2025, ADE to submit an annual report by December 15 evaluating High 
School and Workforce Program effectiveness to the Governor, President of the Senate, Speaker 
of the House of Representatives, the SBE and Secretary of State. 
62. Authorizes the SBE to adopt rules to administer the High School and Workforce Program.  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 9 
 
 
Workforce Diploma Program 
63. Establishes the Workforce Diploma Program within the SBE to assist a person who is at least 
21 years old in earning a high school diploma and developing critical employability and career 
and technical skills to prepare for employment. 
64. Allows the Workforce Diploma Program to be delivered in a campus-based, online or blended 
modality. 
65. Requires the SBE, by October 15 and in consultation with ADE, to place all qualified program 
providers that submit the required form on an approved program providers list. 
66. Requires, for approval to participate in the Workforce Diploma Program, an eligible provider 
to submit to the SBE, by August 15, on an SBE-developed form, information showing the 
provider: 
a) is operating a regionally-accredited high school diploma-granting entity; 
b) has the ability to develop a learning plan for each student that integrates graduation 
requirements and career goals; 
c) provides a course catalog that includes all courses necessary to meet graduation 
requirements; and 
d) has the ability to provide: 
i. remediation opportunities in literacy and numeracy; 
ii. career pathways coursework; 
iii. preparation for industry-recognized credentials and stackable credentials; 
iv. career placement services; and 
v. academic skill intake assessments and transcript evaluations. 
67. Specifies that approved program providers maintain approval status unless removed from the 
approved providers list for not meeting minimum performance standards. 
68. Directs approved program providers to begin enrolling students by November 15 of each year. 
69. Defines approved program provider as a public, nonprofit or other entity that meets Workforce 
Diploma Program requirements and does not receive federal or state funding or private tuition 
for a student who is funded through the Program. 
Workforce Diploma Program Funding, Compliance and Reporting 
70. Establishes the Adult Workforce Diploma Program Fund, administered by ADE and consisting 
of legislative appropriations, gifts, grants and other donations. 
71. Specifies that Workforce Diploma Program Fund monies are continuously appropriated and 
exempt from lapsing. 
72. Directs ADE to pay an approved program provider the following amounts from the Adult 
Workforce Diploma Program Fund for each student who completes the following milestones: 
a) $250 for each half unit of high school credit; 
b) $250 for each employability skills certification;  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 10 
 
 
c) $250 for each industry-recognized credential or stackable credential requiring up to 50 
hours of training; 
d) $500 for each industry-recognized credential or stackable credential requiring between 50 
and 100 hours of training; 
e) $750 for each industry-recognized credential or stackable credential requiring over 100 
hours of training; and 
f) $1,000 for each high school diploma. 
73. Directs each approved program provider, by the 10th calendar day of each month, to submit 
invoices to ADE for milestones met in the previous calendar month. 
74. Directs ADE to: 
a) pay approved program providers in the order in which monthly invoices are submitted until 
all available monies are exhausted; and 
b) by the last calendar day of each month, provide a written update to approved program 
providers that includes the aggregate total dollars paid to providers to date and the 
estimated number of enrollments still available for the program year. 
75. Requires the SBE, beginning with the end of the second fiscal year of the Workforce Diploma 
Program to review approved program provider data in cooperation with ADE to ensure that 
each provider is achieving minimum performance standards, including: 
a) a graduation rate of at least 50 percent; and 
b) an average cost per graduate of $7,000 or less. 
76. Authorizes the SBE, in cooperation with ADE, to develop a process to bring an approved 
program provider into compliance. 
77. Directs the SBE to revoke an approved program provider's authorization to participate in the 
Workforce Diploma Program if the provider does not comply with the program requirements 
within two years.  
78. Requires each approved program provider to annually report to ADE, by October 30, the: 
a) total number of students funded through the Workforce Diploma Program; 
b) total number of earned credits; 
c) total number of earned industry-recognized credentials or stackable credentials earned for 
each funding tier; 
d) total number of students who graduated through the Workforce Diploma Program; and 
e) information required by the SBE-adopted performance measures. 
79. Directs ADE to compile the reports received from approved program providers and provide an 
annual report to the Governor, President of the Senate, Speaker of the House of 
Representatives, SBE and Secretary of State. 
80. Defines terms.  
 
  FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 11 
 
 
Community College Program 
81. Establishes the Community College Program, within the SBE to be operated in cooperation 
with ADE, to provide adult learners with integrated education and training programs and 
additional study and support services that lead to the issuance of both: 
a) a high school or HSE diploma; and  
b) an industry-recognized credential or a community college degree.  
82. Requires a Community College Program applicant to be a community college district that provides: 
a) high school or HSE diplomas; and 
b) workforce training that leads to industry-recognized credentials or workforce or degree 
programs, including regionally-accredited workforce programs. 
83. Allows the SBE, in cooperation with ADE, to request information from any Community 
College Program applicant or participating community college to determine eligibility and 
funding distributions. 
Community College Program Funding, Compliance and Reporting 
84. Establishes the Community College Program Fund, administered by ADE and consisting of 
legislative appropriations and any other monies. 
85. Specifies that Community College Program Fund monies are continuously appropriated and 
exempt from lapsing. 
86. Directs ADE to distribute Community College Program Fund monies to all eligible community 
colleges in a proportional manner based on the number of adult learners served as follows: 
a) up to $3,000 per full-time student in the program each fiscal year; and 
b) for part-time students, funding in proportion to the number of enrolled courses or hours of 
instruction. 
87. Requires a participating community college to use Community College Program Fund monies:  
a) for adult learners to participate in a high school or HSE diploma program that also offers 
an industry-recognized credential or a community college degree; and  
b) to supplement and not supplant current program offerings.  
88. Allows a portion of the Community College Program Fund monies to be used for additional 
support services to ensure the success of participants, including transportation assistance, 
childcare services, college and career counseling and job placement assistance. 
89. Allows a participating community college to accept and spend federal monies and private 
grants, gifts, contributions and devises to assist the community college in Community College 
Program purposes. 
90. Allows the SBE, in cooperation with ADE, to develop a process to bring a participating 
community college into compliance or revoke the college's authorization to participate in the 
Community College Program at the SBE's discretion.   FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 12 
 
 
91. Requires, by October 30 of each year in which the Legislature appropriates monies to the 
Community College Program Fund, each participating community college to submit a report 
to ADE. 
92. Directs ADE to compile the reports received from participating community colleges and 
provide an annual report to the Governor, President of the Senate, Speaker of the House of 
Representatives, SBE and Secretary of State.  
93. Requires each report to include at least the following information on adult learners for the 
preceding school year:  
a) the number enrolled; 
b) the completion rate of high school and HSE diplomas; 
c) the average progress toward meeting completion criteria; 
d) the number and type of industry-recognized credentials, community college degree credits 
and community college degrees earned; 
e) a descriptive summary of the Community College Program offered;  
f) the number of adult learners who have newly-acquired proficiency in the English language; and 
g) the information required by the SBE-adopted performance measures. 
Miscellaneous 
94. Expands county jail education program eligibility, from all prisoners who are under 18 years 
of age and prisoners with disabilities who are 18 to 21 years of age, to all prisoners who: 
a) are 21 years of age or younger, regardless of disability; and 
b) do not have a high school diploma or general equivalency diploma. 
95. Requires the Arizona Department of Administration's Division of School Facilities to annually, by 
June 30, submit a report on any unobligated monies in the Building Renewal Grant Fund to the 
Joint Legislative Budget Committee and the Governor's Office of Strategic Planning and Budgeting.  
96. Continues to state as the intent of the Legislature and the Governor that school districts increase 
the total percentage of classroom spending over the previous year’s percentages in the 
combined categories of instruction, student support and instructional support as prescribed by 
the Auditor General. 
97. Makes technical and conforming changes. 
98. Becomes effective on the general effective date. 
Amendments Adopted by Committee of the Whole 
1. Increases the FY 2023 per-pupil base level and district additional assistance amounts and 
reduces the charter additional assistance increase. 
2. Adds a Group B weight of 0.018 for children eligible for the federal FRPL Program. 
3. Authorizes a school district, to account for legislative changes to K-12 funding enacted after 
June 20, 2022, to: 
a) adopt a budget higher than its proposed budget or revise an adopted budget that does not 
take the legislative changes into consideration; and 
b) revise FY 2023 primary and secondary property tax rates to reflect the adopted budgets.   FACT SHEET – Amended/Enacted 
H.B. 2866/S.B. 1733 
Page 13 
 
 
4. Requires ADE to: 
a) administer the adult education and workforce education programs; and  
b) provide adequate staff to the SBE for program-related requirements. 
5. Aligns the reporting dates for schools and providers participating in the adult education and 
workforce development programs and requires the reports to be submitted to ADE for 
compilation into an annual report for each program. 
6. Replaces the requirement that the SBE issue a request for qualifications for Adult Workforce 
Diploma Program providers with a requirement that an eligible provider must submit 
information showing eligibility. 
7. Authorizes the SBE and ADE to develop a process to bring an Adult Workforce Diploma 
Program provider into compliance, rather than requiring the SBE and ADE to place a provider 
on probationary status for noncompliance. 
8. Establishes the Postsecondary Success Program and Postsecondary Success Fund and outlines 
administration and funding requirements. 
9. Adds, to the Parent Oversight Committee, one member appointed by each minority leader of 
the Legislature. 
10. Makes conforming changes. 
House Action  Senate Action 
APPROP 6/21/22 DP 8-5-0-0 APPROP 6/22/22 DP 6-3-1 
3
rd
 Read 6/23/22  48-10-2 3
rd
 Read 6/23/22  21-7-2 
 	(H.B. 2866 was substituted for S.B. 1733 on 
3
rd
 Read) 
Signed by the Governor 6/28/22 
Chapter 317 
Prepared by Senate Research 
June 30, 2022 
LB/slp