Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1729 Comm Sub / Analysis

Filed 05/11/2023

                      	SB 1729 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: APPROP DP 6-4-0-0 | 3rd Read 25-5-0-0 
House: 3rd Read 43-16-0-0-1 
 
SB 1729: K-12 education; 2023-2024. (Substituted for HB 2819) 
Sponsor: Senator Kavanagh (with permission of Committee on Rules), LD 3 
Transmitted to the Governor 
Overview 
Contains provisions relating to K-12 education needed to implement the FY 2024 budget.  
History 
The Arizona Legislature adopts a budget for each fiscal year (FY) that contains general 
appropriations. Article IV, Section 20, Part 2 of the Constitution of Arizona requires the General 
Appropriations Act (feed bill) to contain only appropriations for the different state departments, 
state institutions, public schools and interest on public debt. Statutory changes necessary to 
reconcile the appropriations made in the feed bill and other changes are drafted into separate 
budget bills. These bills are prepared according to subject area. 
Provisions 
School Finance Formula (Permanent Law)  
1. Increases the base level for FY 2024 from $4,775.27 to $4,914.71. (Sec. 3) 
2. Raises the Group B support level weight for students who are eligible for free or reduced-price 
lunches (FRPL) from 0.018 to 0.022. (Sec. 4) 
3. Increases the FY 2024 state support level per route mile from: 
a) $2.83 to $2.89 for 0.5 or less approved daily route mileage; 
b) $2.32 to $2.37 for more than 0.5 through 1.0 approved daily route mileage; and 
c) $2.83 to $2.89 for more than 1.0 per daily route mileage. (Sec. 5) 
4. Sets district additional assistance as follows: 
a) for school districts with a student count of less than 100 for: 
i. kindergarten programs and the 1st-8th grades, from $606.88 to $663.81; 
ii. the 9th-12th grades, from $670.02 to $732.87; 
b) for school districts with a student count between 100-599 for: 
i. kindergarten programs and the 1st-8th grades, from $433.78 to $474.47; 
ii. the 9th-12th grades, from $451.99 to $494.39; 
c) for school districts with a student count of 600 or more for: 
i. kindergarten programs and the 1st-8th grades, from $502.33 to $549.45; 
ii. the 9th-12th grades, from $549.33 to $600.86;  
d) for programs for preschool children with disabilities, from $502.33 to $549.45; and 
e) for the purchase of required textbooks and related printed subject matter materials for the 
9th-12th grades, from $77.65 to $84.93. (Sec. 6) 
5. Increases charter additional assistance from: 
a) $1,985.58 to $2,049.12 per student count in preschool programs for children with 
disabilities, kindergarten programs and the 1st-8th grades; and 
☐ Prop 105 (45 votes)    ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1729 
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b) $2,314.16 to $2,388.21 per student in the 9th-12th grades. (Sec. 1) 
6. Adjusts tax year 2023 qualifying tax rates in accordance with statutory truth-in-taxation 
requirements. (Sec. 10)  
Results-Based Funding (Permanent Law, Sec. 2) 
7. Repeals Results-Based Funding and the Results-Based Funding Fund.  
Empowerment Scholarship Account (ESA) Program Reporting (Permanen t Law, Sec. 9) 
8. Requires the Arizona Department of Education (ADE), within 60 days after the last day of 
each calendar quarter and consistent with federal law, to submit a report to specified entities 
that includes: 
a) the number of qualified students disaggregated by: 
i. eligibility category; 
ii. the number of qualified students eligible for an ESA through universal eligibility who 
attended an Arizona public school in the school year immediately preceding the first 
year of their enrollment in the ESA Program; 
iii. grade level; 
iv. the school district or charter school that each qualified student attended in the school 
year immediately preceding the first year of their enrollment in the ESA Program, if 
applicable; 
v. English language learners; 
vi. qualified students enrolled in the ESA Program as a student with a disability; and 
vii. the zip code of each qualified student's permanent residence; 
b) the annual award amount associated with each ESA; and  
c) the amount of approved expenses, disaggregated by expense type.  
Arizona Civics Education and Leadership Development Program (Civics Program) 
(Session Law, Sec. 12) 
9. Directs ADE to administer, in FY 2024, the Civics Program to provide civics education and 
leadership development training to middle school and high school students.  
10. Requires ADE to develop procedures for eligible nonprofit organizations to apply to participate 
in FY 2024 and allows ADE to approve an application if the organization: 
a) is a 501(c)(3) nonprofit organization; 
b) provides American civics education and leadership development training to students who 
are at least 10 years old;  
c) advances the principles of a democratic republic through multigenerational civics 
education, civil discourse and civic engagement;  
d) can provide American civics education and leadership development training to middle 
school or high school students; and 
e) submits a copy of its curriculum and all course materials.  
11. Details the components the American civics education and leadership development training 
must include.  
12. Creates reporting requirements for approved organizations and ADE regarding participation 
in and outcomes of the Civics Program.  
13. Establishes the Civics Program Fund that consists of legislative appropriations, gifts, grants 
and donations and states monies are continuously appropriated and exempt from lapsing.  
14. Tasks ADE with administering the Civics Program Fund and distributing monies to approved 
organizations.  
15. Specifies the permissible uses of Civics Program Fund monies by approved organizations.     	SB 1729 
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Arizona Education and Career Action Plans (Career Plans) and Early Education and 
Career Exploration Program (Career Program) (Session Law, Sec. 13) 
16. Directs the State Board of Education (SBE), in FY 2024, to require public schools to: 
a) complete a career plan for each high school student before their graduation; and 
b) monitor, review and update each career plan at least once annually.  
17. Directs ADE, in FY 2024, to administer a Career Program to provide resources to public 
schools and assist public schools in fulfilling career plan requirements.  
18. Instructs ADE, in FY 2024 and subject to available monies, to contract with a nonprofit entity 
to provide public schools: 
a) a career mapping tool that: 
i. matches students with work-based learning opportunities;  
ii. provides content modules for industry-recognized career tracks, single-sign-on access 
for public school students, parents and employees and customization options for 
public schools;  
iii. allows students to continue accessing their profiles and using the career mapping tool 
after their high school graduation; and 
iv. provides any other educational or career exploration activities or content developed 
by ADE and approved by SBE; and 
b) training and resources for individuals implementing career plan requirements.  
19. Requires ADE, in FY 2024, to coordinate with the nonprofit entity to provide the prescribed 
training and resources and consider each public school's enrollment size when determining 
what training to provide.  
20. Authorizes ADE, in FY 2024, to provide access to the career mapping tool and related training 
and resources to a public school that serves any of the 6th-8th grades.  
21. Clarifies that a public school is not required to complete, monitor, review or update a career 
plan for students in the 6th-8th grades.  
22. Establishes the Career Program Fund that consists of legislative appropriations and states 
monies are continuously appropriated and exempt from lapsing.  
23. Tasks ADE with administering the Career Program Fund and allows monies to be used for 
implementing and administering the Career Program.  
24. Creates a reporting requirement for ADE regarding implementation, recommendations and 
public comment relating to the Career Program and Career Program Fund.  
25. Defines public school.  
Live, Remote Instructional Courses (Live Courses) (Session Law, Sec. 15) 
26. Authorizes a school district or charter school, pursuant to a written agreement with a services 
provider and during the 2023-2024 and 2024-2025 school years, to offer live courses for its 
own 9th-12th grade students. 
27. Specifies a school district or charter school offering a live course generates average daily 
membership (ADM) for its own students and a services provider may not generate ADM for 
remote students.  
28. Directs a services provider to pay the live course instructor a stipend of at least 25% of the 
contractual amount of per-course, per-student monies.  
29. Requires a school district or charter school offering a live course to: 
a) provide an in-person teacher or instructional aide;  
b) ensure its own participating students satisfy instructional time and hour requirements; and     	SB 1729 
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c) provide administrative functions for its own participating students.  
30. Stipulates, in the 2023-2024 and 2024-2025 school years, if a live course provides the relevant 
instruction for a qualifying exam for college credit, the services provider must receive any 
incentive bonuses provided under the College Credit by Examination Program (CCEIP).  
31. Directs ADE, in the 2023-2024 and 2024-2025 school years, to pay an incentive bonus of 
$500 for each remote student who receives a passing grade in a live course that provides the 
relevant instruction for a qualifying exam under the CCEIP. 
32. Requires the $500 incentive bonus to be paid to the school district or charter school acting as 
an instructional services provider for the live course. 
33. Prohibits a school district or charter school from receiving a $500 incentive bonus if fewer than 
10 remote students receive a passing grade in the live course.  
34. Reduces incentive bonus monies for live courses proportionally to cover all awards if the 
statewide sum of per student bonuses exceeds available appropriated monies.  
35. Subjects incentive bonuses for live courses to the same statutory requirements as CCEIP 
incentive bonuses. 
36. Creates reporting requirements for ADE regarding student participation, live courses offered 
and incentive bonus monies.  
37. Specifies a school district or charter school, notwithstanding statutory remote setting 
instructional time limitations, may provide live courses in the school year without any impact 
to the school's funding.  
38. Defines services provider.  
Dual Enrollment Teacher Development Fund (DE Teacher Fund) (Session Law, Sec. 16) 
39. Establishes the DE Teacher Fund that consists of legislative appropriations and states monies 
are continuously appropriated.  
40. Tasks ADE, in FY 2024, with administering the DE Teacher Fund and distributing monies to 
schools to provide an incentive bonus of up to $1,000 per teacher who: 
a) satisfies the requirements for teaching a dual enrollment course as outlined; and 
b) provides instruction in at least one dual enrollment course.  
41. Limits a teacher to one incentive bonus.  
42. Reduces bonus monies proportionally to cover all bonus awards if the statewide sum of per 
teacher bonuses exceeds the amount of available DE Teacher Fund monies.  
Dual Enrollment Student Development Fund (DE Student Fund) (Session Law, Sec. 17) 
43. Establishes the DE Student Fund within SBE and administered by ADE to provide financial 
assistance to eligible students. 
44. States DE Student Fund monies are continuously appropriated. 
45. Instructs ADE, in FY 2024, to distribute monies to qualifying providers for reimbursements to 
dual enrollment students and prioritize distributions to qualifying providers that serve students 
who are FRPL eligible. 
46. Enables a student who obtains a passing grade in a qualifying dual enrollment course to 
receive a reimbursement of up to $50 per credit hour for the course.  
47. Limits reimbursement for an eligible student at: 
a) $300 per school year if the student is in the 9th or 10th grade; and    	SB 1729 
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b) $600 per school year if the student is in the 11th or 12th grade.  
48. Requires a student to have at least a 2.5 grade point average to receive reimbursement.  
49. Defines passing grade, qualifying dual enrollment course and qualifying provider.  
Professional Development and Support Personnel Pilot Program (Professional 
Development Program) (Session Law, Sec. 18) 
50. Creates the Professional Development Program within ADE to provide funding for school 
districts with a low teacher experience index to hire professional development and support 
personnel.  
51. Requires, in FY 2024, ADE to distribute 50% of Professional Development Program monies 
to school districts in Maricopa and Pima counties and 50% to school districts in all other 
counties.  
52. Mandates a school district receiving monies ensure that professional development and 
support services are made available to new teachers and teachers moving to a different grade 
or subject area.  
53. Establishes reporting requirements for ADE and each school district that receives monies 
regarding average teacher salary, teacher retention rates and quantitative data.  
County Jail Education Programs (Session Law, Sec. 19) 
54. Funds, in FY 2024, pupils enrolled in an accommodation school county jail education program 
and disabled pupils funded through a county jail education fund at 100%, rather than 72%, of 
the amount the pupil generates according to statute.  
55. Increases, for FY 2024, the amount added for capital outlay costs for a disabled pupil funded 
through a county jail education fund from $72 to $100. 
Public School Transportation Modernization Grant Program (Transportation Program) 
(Session Law, Sec. 11) 
56. Adds that the Transportation Program annual report must: 
a) be submitted to the directors of the Joint Legislative Budget Committee and Governor's 
Office of Strategic Planning and Budgeting; and  
b) include for each grant recipient: 
i. a list of other presently available transportation options; and  
ii. an explanation of why the proposed transportation alternative is necessary.  
Continuing High School and Workforce Training Program (High School Program) 
(Session Law, Sec. 14) 
57. Reduces maximum total projected full-time enrollment for High School Program schools from: 
a) 1,000 to 600 in FY 2024; and 
b) 1,400 to 800 in FY 2025.  
58. Contains a retroactivity clause of July 1, 2023.  
59. Repeals the reduction of total projected full-time enrollment on July 1, 2025.  
Miscellaneous 
60. As session law, increases the FY 2024 general budget limit (GBL) of: 
a) Duncan Unified School District (USD) by $752,000; and 
b) Blue Elementary School District (ESD) by $34,000. (Sec. 20) 
61. As session law, stipulates Duncan USD and Blue ESD must fund the GBL increase with prior-
year carryforward monies, rather than through a property tax rate increase. (Sec. 20)  
62. As session law in FY 2024, authorizes ADE to use Failing Schools Tutoring Fund monies for:    	SB 1729 
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a) providing assistance to school districts and charter schools for professional development 
and coaching for teachers and principals; 
b) monitoring the progress of school districts and charter schools towards improved 
academic outcomes; and 
c) outreach to ensure that schools and parents have access to tutoring opportunities. (Sec. 
21) 
63. As session law, directs ADE, by September 1, 2023, to report proposed FY 2024 Failing 
Schools Tutoring Fund expenditures for the outlined purposes to specified entities. (Sec. 21) 
64. As permanent law, requires a child with a disability to have access to any supplementary aid, 
service or accommodation provided in their individualized education program or Section 504 
plan, as allowed under community college accreditation guidelines. (Sec. 8) 
65. As session law, contains a legislative intent clause relating to classroom spending. (Sec. 22) 
66. Makes technical changes. (Sec. 1, 10, 11) 
67. Makes conforming changes. (Sec. 3, 6, 7, 11)