HB 2539
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2539: school choice; failing schools; notice
Sponsor: Representative Pingerelli, LD 28
Committee on Education
Overview
Creates the Arizona School Choice Division (Division) within the State Board of Education (SBE),
outlines its duties and appropriates monies and FTEs to the Division. Alters and creates new
public notification requirements for a D or F letter grade school.
History
As added by Laws 2021, Chapter 404, SBE, subject to the availability of appropriated monies, is
required to design a public awareness effort to distribute school choice and enrollment materials
that: 1) communicate the ability to choose any Arizona public school; 2) include resources to learn
about school choice options; and 3) instruct the public how to request enrollment for students.
SBE may collaborate with public and private partners and the Arizona Department of Education
(ADE) (A.R.S. § 15-816.01).
ADE, subject to final adoption by SBE, is required to annually compile an annual achievement
profile that reflects the achievement for each public school and local education agency on the
academic and educational performance indicators based on an A through F letter grade system
(A.R.S. § 15-241).
Schools assigned a D or F letter grade are required to develop or modify an improvement plan
and present that plan at a public meeting. Within 30 days of receiving a D or F letter grade, a
school district or charter school must provide a notice of the classification to each residence within
the attendance area of the school or to the parents of students attending the charter school,
respectively, that contains information about the improvement plan process and the public
meeting (A.R.S. § 15-241.02).
Provisions
Division
1. Establishes the Division within SBE. (Sec. 1)
2. Directs the Division to implement a public awareness program that informs the public about:
a) a student's ability to choose any public school;
b) resources that explain school choice options; and
c) how to request enrollment for students. (Sec. 1)
3. Mandates the Division develop single-page informational pamphlets that:
a) educate parents on the available school choice options for students in kindergarten
through the 12th grade; and
b) are available in physical and digital formats and, if digital, contain hyperlinks to websites
that provide further information. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2539
Initials CH Page 2 Education
4. Instructs the Division to develop and annually update a handbook of specified school choice
options that are available to students in kindergarten through the 12th grade. (Sec. 1)
5. Requires the Division to develop the failing school notification form and the school choice
notification letter. (Sec. 1)
6. Directs the Division to notify ADE if a charter school or school district that operates a D or F
letter grade school submits, fails to submit or is late to submit compliance evidence within 60
days of letter grade assignment. (Sec. 1)
7. Tasks the Division with operating a centralized hotline to respond to school choice questions
and details requirements for the hotline. (Sec. 1)
8. Mandates the Division collaborate with public and private partners and ADE to achieve its
statutory objectives. (Sec. 1)
9. Requires SBE and ADE to post in a conspicuous place on their websites the digital information
pamphlet and school choice handbook. (Sec. 1)
Failing School Notification and School Choice Notification Letter
10. Requires SBE to develop a failing school notification form containing the following in English
and Spanish:
a) a notice and explanation of the school's assigned letter grade and the data and scores
that comprise the letter grade;
b) the average academic proficiency score and academic growth score used to calculate the
letter grade;
c) a summary of the school improvement plan; and
d) the time and place of any public meeting in which the school's letter grade or improvement
plan will be discussed. (Sec. 3)
11. Mandates SBE develop a school choice notification letter that contains:
a) the digital informational pamphlet developed by the Division; and
b) a list of nearby public schools that received an A, B or C letter grade and that serve the
same grade levels as the D or F letter grade school. (Sec. 3)
12. Requires, within 60 days after receiving notification that a school has been assigned a D or F
letter grade, a charter school governing body or school district governing board to:
a) complete the failing school notification form and send it to the parent of each student
enrolled in the school;
b) send the school choice notification letter to the parent of each student enrolled in school;
and
c) submit to SBE evidence of compliance with the notification requirements. (Sec. 2, 3)
13. Allows the required notifications to be delivered electronically if the school district or charter
school ordinarily electronically communicates with students' parents. (Sec. 3)
14. Specifies electronic communications must contain hyperlinks to websites that provide further
information. (Sec. 3)
15. Stipulates that if a school district or charter school does not comply with the notification
requirements, ADE must suspend the distribution of Classroom Site Fund monies until SBE
receives satisfactory compliance evidence. (Sec. 3)
16. Replaces the requirement that ADE publish in a newspaper in each county at least twice each
year a list of F letter grade schools with the requirement that ADE post on its website and all
official communication channels a list of F letter grade schools. (Sec. 2)
HB 2539
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Arizona Department of Transportation (ADOT) Requirements
17. Instructs ADOT, if a person moves to Arizona and initially registers a motor vehicle, to
electronically deliver the digital informational pamphlet to the person. (Sec. 1)
18. Requires ADOT, by December 1, 2024, to electronically notify all existing Arizona motor
vehicle registrants of the school choice options available to students in kindergarten through
the 12th grade using the digital informational pamphlet created by the Division. (Sec. 5)
Miscellaneous
19. Appropriates $600,000 and four FTE positions from the state General Fund in FY 2024 to the
Division. (Sec. 6)
20. Requires the Division to use at least $100,000 of the $600,000 appropriation to contract with
individuals or entities to develop and implement the Division's requirements. (Sec. 6)
21. Deletes language requiring SBE to design a public awareness effort to distribute materials
relating to school choice and enrollment. (Sec. 4)
22. Defines nearby. (Sec. 3)
23. Makes technical and conforming changes. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note