| 1 | 1 | | REFERENCE TITLE: class size limits; policies; appropriations State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1296 Introduced by Senators Marsh: Alston, Bowie, Gabaldon, Gonzales, Otondo, Quezada, Stahl Hamilton; Representatives Andrade, Dalessandro, Jermaine, Liguori, Solorio AN ACT amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.02; amending section 15-977, Arizona Revised Statutes; appropriating monies; relating to class size. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 7 | 7 | | REFERENCE TITLE: class size limits; policies; appropriations |
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| 8 | 8 | | State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 |
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| 9 | 9 | | SB 1296 |
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| 10 | 10 | | Introduced by Senators Marsh: Alston, Bowie, Gabaldon, Gonzales, Otondo, Quezada, Stahl Hamilton; Representatives Andrade, Dalessandro, Jermaine, Liguori, Solorio |
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| 12 | 12 | | REFERENCE TITLE: class size limits; policies; appropriations |
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| 22 | 22 | | State of Arizona |
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| 24 | 24 | | Senate |
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| 26 | 26 | | Fifty-fifth Legislature |
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| 28 | 28 | | Second Regular Session |
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| 30 | 30 | | 2022 |
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| 38 | 38 | | SB 1296 |
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| 42 | 42 | | Introduced by |
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| 44 | 44 | | Senators Marsh: Alston, Bowie, Gabaldon, Gonzales, Otondo, Quezada, Stahl Hamilton; Representatives Andrade, Dalessandro, Jermaine, Liguori, Solorio |
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| 50 | 50 | | AN ACT |
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| 54 | 54 | | amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.02; amending section 15-977, Arizona Revised Statutes; appropriating monies; relating to class size. |
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| 60 | 60 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 64 | 64 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.02, to read: START_STATUTE15-120.02. Class size limits; policies; requirements A. Notwithstanding any other law, before the 2027-2028 school year The governing board or governing body of each local education agency in this state shall adopt a policy that provides for class sizes in kindergarten programs, grades one through twelve and career technical education district programs that comply with the following: Grade Level Unit Average Class Size Maximum Class Size K-3 18 21 4-8 22 27 9-12 25 30 Career Technical Education 20 25 B. Beginning in the 2027-2028 school year, the governing board or governing body of each local education agency in this state shall fully implement the policy adopted pursuant to subsection A of this section as follows: 1. The total average class size for each grade level unit prescribed in subsection A of this section may not exceed the average class size prescribed in subsection A of this section, but individual classes within that grade level unit may exceed the average class size. 2. A class may not exceed the maximum class size prescribed in subsection A of this section. 3. The average class size and the maximum class size shall be based on regular classroom teaching positions, excluding principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education and other specialized positions. 4. A local education agency may exceed the class size limits prescribed in subsection A of this section in areas such as typewriting and instrumental and vocal music classes if the effectiveness of the instructional program is not impaired. 5. A local education agency may seek a waiver from the superintendent of public instruction to exceed the average class size if individual class sizes do not exceed the maximum class size prescribed in subsection A of this section. 6. A local education agency may not establish split-grade classes for the purpose of circumventing the average class size and maximum class size prescribed in subsection A of this section. This paragraph does not prevent a local education agency from using multi-aged classes. 7. The governing board or governing body of a local education agency shall approve the establishment of any split-grade classes for any purpose, except that split-grade classes may not be established for the purpose of circumventing the requirements of this section. 8. The average class size specified for the grade levels involved in split-grade classes will be the maximum class size allowed in such classes. END_STATUTE Sec. 2. Section 15-977, Arizona Revised Statutes, is amended to read: START_STATUTE15-977. Classroom site fund; appropriation; definitions A. The classroom site fund is established consisting of legislative appropriations and monies transferred to the fund pursuant to section 37-521, subsection B, section 42-5029, subsection E, paragraph 10 and section 42-5029.02, subsection A. The department of education shall administer the fund. School districts and charter schools may not supplant existing school site funding with revenues from the fund. All monies distributed from the fund are intended for use at the school site. Teacher compensation distributed pursuant to this section shall supplement, and not supplant, teacher compensation monies from any other sources. The school district or charter school shall notify each school principal of the amount available to the school by April 15 of each year. The district or charter school shall request from the school's principal each school's priority for the allocation of the funds available to the school for each program listed under subsection H of this section. The amount budgeted by the school district or charter school pursuant to this section shall not be included in the allowable budget balance carryforward calculated pursuant to section 15-943.01. B. A school district governing board must adopt a performance based compensation system at a public hearing to allocate funding from the classroom site fund pursuant to subsection A of this section. Individual teacher performance shall be a component of allocation for teacher compensation. C. A school district governing board shall vote on a performance based compensation system that includes the following elements: 1. School district performance and school performance. 2. Individual teacher performance. 3. Measures of academic progress toward the academic standards adopted by the state board of education. 4. Other measures of academic progress. 5. Dropout or graduation rates. 6. Attendance rates. 7. Ratings of school quality by parents. 8. Ratings of school quality by students. 9. The input of teachers and administrators. 10. Approval of the performance based compensation system based on an affirmative vote of at least seventy percent of the teachers eligible to participate in the performance based compensation system. 11. An appeals process for teachers who have been denied performance based compensation. 12. Regular evaluation for effectiveness. D. A performance based compensation system shall include teacher professional development programs that are aligned with the elements of the performance based compensation system. E. A school district governing board may modify the elements contained in subsection C of this section and consider additional elements when adopting a performance based compensation system. A school district governing board shall adopt any modifications or additional elements and specify the criteria used at a public hearing. F. Until December 31, 2009, each school district shall develop an assessment plan for its performance based compensation system and submit the plan to the department of education by December 31 of each year. A copy of the performance based compensation system and assessment plan adopted by the school district governing board shall be included in the report submitted to the department of education. G. Monies in the fund are continuously appropriated, are exempt from the provisions of section 35-190 relating to lapsing of appropriations and shall be distributed as follows: 1. By March 30 of each year, the staff of the joint legislative budget committee shall determine a per pupil amount from the fund for the budget year using the estimated statewide weighted count for the current year pursuant to section 15-943, paragraph 2, subdivision (a) and based on estimated available resources in the classroom site fund for the budget year adjusted for any prior year carryforward or shortfall. 2. The allocation to each charter school and school district for a fiscal year shall equal the per pupil amount established in paragraph 1 of this subsection for the fiscal year multiplied by the weighted student count for the school district or charter school for the fiscal year pursuant to section 15-943, paragraph 2, subdivision (a). For the purposes of this paragraph, the weighted student count for a school district that serves as the district of attendance for nonresident pupils shall be increased to include nonresident pupils who attend school in the school district. H. Monies distributed from the classroom site fund shall be spent for the following purposes: 1. Class size reduction for the purposes of complying with section 15-120.02. 2. Teacher compensation, including a base pay and performance pay component. 3. Assessment intervention programs. 4. Teacher development. 5. Dropout prevention programs. 6. Teacher liability insurance premiums. 7. Student support services. I. The district governing board or charter school shall allocate the classroom site fund monies to include, if possible, the priorities identified by the principals of the schools while ensuring that the monies maximize classroom opportunities and conform to the authorized expenditures identified in subsection A of this section. J. School districts and charter schools that receive monies from the classroom site fund shall submit a report by November 15 of each year to the superintendent of public instruction that provides an accounting of the expenditures of monies distributed from the fund during the previous fiscal year and a summary of the results of district and school programs funded with monies distributed from the fund. The department of education in conjunction with the auditor general shall prescribe the format of the report under this subsection. K. School districts and charter schools that receive monies from the classroom site fund shall receive these monies monthly in an amount not to exceed one-twelfth of the monies estimated pursuant to subsection G of this section, except that if there are insufficient monies in the fund that month to make payments, the distribution for that month shall be prorated for each school district or charter school. The department of education may make an additional payment in the current month for any prior month or months in which school districts or charter schools received a prorated payment if there are sufficient monies in the fund that month for the additional payments. The state is not required to make payments to a school district or charter school classroom site fund if the state classroom site fund revenue collections are insufficient to meet the estimated allocations to school districts and charter schools pursuant to subsection G of this section. L. The state education system for committed youth shall receive monies from the classroom site fund in the same manner as school districts and charter schools. The Arizona state schools for the deaf and the blind shall receive monies from the classroom site fund in an amount that corresponds to the weighted student count for the current year pursuant to section 15-943, paragraph 2, subdivision (b) for each pupil enrolled in the Arizona state schools for the deaf and the blind. Except as otherwise provided in this subsection, the Arizona state schools for the deaf and the blind and the state education system for committed youth are subject to this section in the same manner as school districts and charter schools. M. Each school district and charter school, including school districts that unify pursuant to section 15-448 or consolidate pursuant to section 15-459, shall establish a local level classroom site fund to receive allocations from the state level classroom site fund. The local level classroom site fund shall be a budgetary controlled account. Interest charges for any registered warrants for the local level classroom site fund shall be a charge against the local level classroom site fund. Interest earned on monies in the local level classroom site fund shall be added to the local level classroom site fund as provided in section 15-978. This state shall not be required to make payments to a school district or charter school local level classroom site fund that are in addition to monies transferred to the state level classroom site fund pursuant to section 37-521, subsection B, section 42-5029, subsection E, paragraph 10 and section 42-5029.02, subsection A. N. Monies distributed from the classroom site fund for class size reduction, assessment intervention and dropout prevention programs shall only be used for instructional purposes in the instruction function as defined in the uniform system of financial records, except that monies shall not be used for school-sponsored athletics. O. In addition to any other appropriations, the sum of $1,000,000,000 is appropriated from the state general fund in fiscal year 2026-2027 and each fiscal year thereafter to the classroom site fund established by this section. O. p. For the purposes of this section: 1. "Assessment intervention" means summer programs, after school programs, before school programs or tutoring programs that are specifically designed to ensure that pupils meet the Arizona academic standards as measured by the statewide assessment prescribed by section 15-741. 2. "Class size reduction" means any maintenance and operations expenditure that is designed to reduce the ratio of pupils to classroom teachers, including the use of persons who serve as aides to classroom teachers. 3. "Student support services" means any expenditure in the student support services function as defined in the uniform system of financial records. END_STATUTE Sec. 3. Appropriations; classroom site fund; fiscal years 2022-2023 through 2025-2026 The following sums are appropriated from the state general fund in the following fiscal years to the classroom site fund established by section 15-977, Arizona Revised Statutes, as amended by this act: 1. In fiscal year 2022-2023, $200,000,000. 2. In fiscal year 2023-2024, $400,000,000. 3. In fiscal year 2024-2025, $600,000,000. 4. In fiscal year 2025-2026, $800,000,000. |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: |
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| 67 | 67 | | |
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| 68 | 68 | | Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.02, to read: |
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| 70 | 70 | | START_STATUTE15-120.02. Class size limits; policies; requirements |
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| 72 | 72 | | A. Notwithstanding any other law, before the 2027-2028 school year The governing board or governing body of each local education agency in this state shall adopt a policy that provides for class sizes in kindergarten programs, grades one through twelve and career technical education district programs that comply with the following: |
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| 74 | 74 | | Grade Level Unit Average Class Size Maximum Class Size |
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| 76 | 76 | | K-3 18 21 |
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| 78 | 78 | | 4-8 22 27 |
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| 80 | 80 | | 9-12 25 30 |
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| 81 | 81 | | |
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| 82 | 82 | | Career Technical |
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| 84 | 84 | | Education 20 25 |
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| 86 | 86 | | B. Beginning in the 2027-2028 school year, the governing board or governing body of each local education agency in this state shall fully implement the policy adopted pursuant to subsection A of this section as follows: |
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| 87 | 87 | | |
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| 88 | 88 | | 1. The total average class size for each grade level unit prescribed in subsection A of this section may not exceed the average class size prescribed in subsection A of this section, but individual classes within that grade level unit may exceed the average class size. |
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| 89 | 89 | | |
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| 90 | 90 | | 2. A class may not exceed the maximum class size prescribed in subsection A of this section. |
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| 91 | 91 | | |
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| 92 | 92 | | 3. The average class size and the maximum class size shall be based on regular classroom teaching positions, excluding principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education and other specialized positions. |
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| 93 | 93 | | |
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| 94 | 94 | | 4. A local education agency may exceed the class size limits prescribed in subsection A of this section in areas such as typewriting and instrumental and vocal music classes if the effectiveness of the instructional program is not impaired. |
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| 95 | 95 | | |
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| 96 | 96 | | 5. A local education agency may seek a waiver from the superintendent of public instruction to exceed the average class size if individual class sizes do not exceed the maximum class size prescribed in subsection A of this section. |
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| 97 | 97 | | |
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| 98 | 98 | | 6. A local education agency may not establish split-grade classes for the purpose of circumventing the average class size and maximum class size prescribed in subsection A of this section. This paragraph does not prevent a local education agency from using multi-aged classes. |
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| 99 | 99 | | |
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| 100 | 100 | | 7. The governing board or governing body of a local education agency shall approve the establishment of any split-grade classes for any purpose, except that split-grade classes may not be established for the purpose of circumventing the requirements of this section. |
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| 101 | 101 | | |
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| 102 | 102 | | 8. The average class size specified for the grade levels involved in split-grade classes will be the maximum class size allowed in such classes. END_STATUTE |
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| 103 | 103 | | |
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| 104 | 104 | | Sec. 2. Section 15-977, Arizona Revised Statutes, is amended to read: |
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| 105 | 105 | | |
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| 106 | 106 | | START_STATUTE15-977. Classroom site fund; appropriation; definitions |
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| 107 | 107 | | |
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| 108 | 108 | | A. The classroom site fund is established consisting of legislative appropriations and monies transferred to the fund pursuant to section 37-521, subsection B, section 42-5029, subsection E, paragraph 10 and section 42-5029.02, subsection A. The department of education shall administer the fund. School districts and charter schools may not supplant existing school site funding with revenues from the fund. All monies distributed from the fund are intended for use at the school site. Teacher compensation distributed pursuant to this section shall supplement, and not supplant, teacher compensation monies from any other sources. The school district or charter school shall notify each school principal of the amount available to the school by April 15 of each year. The district or charter school shall request from the school's principal each school's priority for the allocation of the funds available to the school for each program listed under subsection H of this section. The amount budgeted by the school district or charter school pursuant to this section shall not be included in the allowable budget balance carryforward calculated pursuant to section 15-943.01. |
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| 109 | 109 | | |
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| 110 | 110 | | B. A school district governing board must adopt a performance based compensation system at a public hearing to allocate funding from the classroom site fund pursuant to subsection A of this section. Individual teacher performance shall be a component of allocation for teacher compensation. |
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| 111 | 111 | | |
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| 112 | 112 | | C. A school district governing board shall vote on a performance based compensation system that includes the following elements: |
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| 113 | 113 | | |
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| 114 | 114 | | 1. School district performance and school performance. |
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| 115 | 115 | | |
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| 116 | 116 | | 2. Individual teacher performance. |
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| 117 | 117 | | |
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| 118 | 118 | | 3. Measures of academic progress toward the academic standards adopted by the state board of education. |
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| 119 | 119 | | |
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| 120 | 120 | | 4. Other measures of academic progress. |
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| 121 | 121 | | |
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| 122 | 122 | | 5. Dropout or graduation rates. |
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| 123 | 123 | | |
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| 124 | 124 | | 6. Attendance rates. |
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| 125 | 125 | | |
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| 126 | 126 | | 7. Ratings of school quality by parents. |
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| 128 | 128 | | 8. Ratings of school quality by students. |
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| 129 | 129 | | |
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| 130 | 130 | | 9. The input of teachers and administrators. |
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| 131 | 131 | | |
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| 132 | 132 | | 10. Approval of the performance based compensation system based on an affirmative vote of at least seventy percent of the teachers eligible to participate in the performance based compensation system. |
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| 133 | 133 | | |
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| 134 | 134 | | 11. An appeals process for teachers who have been denied performance based compensation. |
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| 135 | 135 | | |
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| 136 | 136 | | 12. Regular evaluation for effectiveness. |
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| 137 | 137 | | |
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| 138 | 138 | | D. A performance based compensation system shall include teacher professional development programs that are aligned with the elements of the performance based compensation system. |
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| 139 | 139 | | |
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| 140 | 140 | | E. A school district governing board may modify the elements contained in subsection C of this section and consider additional elements when adopting a performance based compensation system. A school district governing board shall adopt any modifications or additional elements and specify the criteria used at a public hearing. |
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| 141 | 141 | | |
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| 142 | 142 | | F. Until December 31, 2009, each school district shall develop an assessment plan for its performance based compensation system and submit the plan to the department of education by December 31 of each year. A copy of the performance based compensation system and assessment plan adopted by the school district governing board shall be included in the report submitted to the department of education. |
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| 143 | 143 | | |
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| 144 | 144 | | G. Monies in the fund are continuously appropriated, are exempt from the provisions of section 35-190 relating to lapsing of appropriations and shall be distributed as follows: |
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| 145 | 145 | | |
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| 146 | 146 | | 1. By March 30 of each year, the staff of the joint legislative budget committee shall determine a per pupil amount from the fund for the budget year using the estimated statewide weighted count for the current year pursuant to section 15-943, paragraph 2, subdivision (a) and based on estimated available resources in the classroom site fund for the budget year adjusted for any prior year carryforward or shortfall. |
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| 147 | 147 | | |
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| 148 | 148 | | 2. The allocation to each charter school and school district for a fiscal year shall equal the per pupil amount established in paragraph 1 of this subsection for the fiscal year multiplied by the weighted student count for the school district or charter school for the fiscal year pursuant to section 15-943, paragraph 2, subdivision (a). For the purposes of this paragraph, the weighted student count for a school district that serves as the district of attendance for nonresident pupils shall be increased to include nonresident pupils who attend school in the school district. |
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| 149 | 149 | | |
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| 150 | 150 | | H. Monies distributed from the classroom site fund shall be spent for the following purposes: |
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| 151 | 151 | | |
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| 152 | 152 | | 1. Class size reduction for the purposes of complying with section 15-120.02. |
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| 153 | 153 | | |
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| 154 | 154 | | 2. Teacher compensation, including a base pay and performance pay component. |
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| 155 | 155 | | |
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| 156 | 156 | | 3. Assessment intervention programs. |
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| 157 | 157 | | |
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| 158 | 158 | | 4. Teacher development. |
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| 159 | 159 | | |
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| 160 | 160 | | 5. Dropout prevention programs. |
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| 161 | 161 | | |
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| 162 | 162 | | 6. Teacher liability insurance premiums. |
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| 163 | 163 | | |
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| 164 | 164 | | 7. Student support services. |
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| 165 | 165 | | |
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| 166 | 166 | | I. The district governing board or charter school shall allocate the classroom site fund monies to include, if possible, the priorities identified by the principals of the schools while ensuring that the monies maximize classroom opportunities and conform to the authorized expenditures identified in subsection A of this section. |
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| 167 | 167 | | |
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| 168 | 168 | | J. School districts and charter schools that receive monies from the classroom site fund shall submit a report by November 15 of each year to the superintendent of public instruction that provides an accounting of the expenditures of monies distributed from the fund during the previous fiscal year and a summary of the results of district and school programs funded with monies distributed from the fund. The department of education in conjunction with the auditor general shall prescribe the format of the report under this subsection. |
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| 169 | 169 | | |
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| 170 | 170 | | K. School districts and charter schools that receive monies from the classroom site fund shall receive these monies monthly in an amount not to exceed one-twelfth of the monies estimated pursuant to subsection G of this section, except that if there are insufficient monies in the fund that month to make payments, the distribution for that month shall be prorated for each school district or charter school. The department of education may make an additional payment in the current month for any prior month or months in which school districts or charter schools received a prorated payment if there are sufficient monies in the fund that month for the additional payments. The state is not required to make payments to a school district or charter school classroom site fund if the state classroom site fund revenue collections are insufficient to meet the estimated allocations to school districts and charter schools pursuant to subsection G of this section. |
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| 171 | 171 | | |
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| 172 | 172 | | L. The state education system for committed youth shall receive monies from the classroom site fund in the same manner as school districts and charter schools. The Arizona state schools for the deaf and the blind shall receive monies from the classroom site fund in an amount that corresponds to the weighted student count for the current year pursuant to section 15-943, paragraph 2, subdivision (b) for each pupil enrolled in the Arizona state schools for the deaf and the blind. Except as otherwise provided in this subsection, the Arizona state schools for the deaf and the blind and the state education system for committed youth are subject to this section in the same manner as school districts and charter schools. |
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| 173 | 173 | | |
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| 174 | 174 | | M. Each school district and charter school, including school districts that unify pursuant to section 15-448 or consolidate pursuant to section 15-459, shall establish a local level classroom site fund to receive allocations from the state level classroom site fund. The local level classroom site fund shall be a budgetary controlled account. Interest charges for any registered warrants for the local level classroom site fund shall be a charge against the local level classroom site fund. Interest earned on monies in the local level classroom site fund shall be added to the local level classroom site fund as provided in section 15-978. This state shall not be required to make payments to a school district or charter school local level classroom site fund that are in addition to monies transferred to the state level classroom site fund pursuant to section 37-521, subsection B, section 42-5029, subsection E, paragraph 10 and section 42-5029.02, subsection A. |
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| 175 | 175 | | |
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| 176 | 176 | | N. Monies distributed from the classroom site fund for class size reduction, assessment intervention and dropout prevention programs shall only be used for instructional purposes in the instruction function as defined in the uniform system of financial records, except that monies shall not be used for school-sponsored athletics. |
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| 177 | 177 | | |
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| 178 | 178 | | O. In addition to any other appropriations, the sum of $1,000,000,000 is appropriated from the state general fund in fiscal year 2026-2027 and each fiscal year thereafter to the classroom site fund established by this section. |
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| 179 | 179 | | |
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| 180 | 180 | | O. p. For the purposes of this section: |
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| 181 | 181 | | |
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| 182 | 182 | | 1. "Assessment intervention" means summer programs, after school programs, before school programs or tutoring programs that are specifically designed to ensure that pupils meet the Arizona academic standards as measured by the statewide assessment prescribed by section 15-741. |
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| 183 | 183 | | |
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| 184 | 184 | | 2. "Class size reduction" means any maintenance and operations expenditure that is designed to reduce the ratio of pupils to classroom teachers, including the use of persons who serve as aides to classroom teachers. |
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| 185 | 185 | | |
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| 186 | 186 | | 3. "Student support services" means any expenditure in the student support services function as defined in the uniform system of financial records. END_STATUTE |
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| 187 | 187 | | |
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| 188 | 188 | | Sec. 3. Appropriations; classroom site fund; fiscal years 2022-2023 through 2025-2026 |
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| 189 | 189 | | |
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| 190 | 190 | | The following sums are appropriated from the state general fund in the following fiscal years to the classroom site fund established by section 15-977, Arizona Revised Statutes, as amended by this act: |
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| 191 | 191 | | |
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| 192 | 192 | | 1. In fiscal year 2022-2023, $200,000,000. |
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| 193 | 193 | | |
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| 194 | 194 | | 2. In fiscal year 2023-2024, $400,000,000. |
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| 195 | 195 | | |
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| 196 | 196 | | 3. In fiscal year 2024-2025, $600,000,000. |
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| 197 | 197 | | |
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| 198 | 198 | | 4. In fiscal year 2025-2026, $800,000,000. |
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