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| 51 | 62 | | AN ACT |
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| 52 | 63 | | |
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| 53 | 64 | | |
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| 54 | 65 | | |
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| 55 | 66 | | amending sections 15-102 and 15-142, Arizona Revised Statutes; relating to public schools. |
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| 61 | 72 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 65 | 76 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-102, Arizona Revised Statutes, is amended to read: START_STATUTE15-102. Parental involvement in the school; definition A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey. 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials. 3. Beginning January 1, 2023, Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph: (a) Schools without a full-time library media specialist or an equivalent position. (b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D. 4. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion. 5. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula. 6. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula. 7. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school. 8. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: (a) The right to opt in to a sex education curriculum if one is provided by the school district. (b) Open enrollment rights pursuant to section 15-816.01. (c) The right to opt out of assignments pursuant to this section. (d) The right to opt out of immunizations pursuant to section 15-873. (e) The promotion requirements prescribed in section 15-701. (f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01. (g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716. (h) The right to review test results pursuant to section 15-743. (i) The right to participate in gifted programs pursuant to section 15-779.01. (j) The right to access instructional materials pursuant to section 15-730. (k) The right to receive a school report card pursuant to section 15-746. (l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821. (m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722. (n) The right to be excused from school attendance for religious purposes pursuant to section 15-806. (o) Policies related to parental involvement pursuant to this section. (p) The right to seek membership on school councils pursuant to section 15-351. (q) Information about the student accountability information system as prescribed in section 15-1041. (r) The right to access the failing schools tutoring fund pursuant to section 15-241. (s) The right to access all written and electronic records of a school district or school district employee concerning the parent's child pursuant to section 15-143. B. The policy adopted by the governing board pursuant to this section may also include the following components: 1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including: (a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records. (b) The parent's right to inspect the school district policies and curriculum. 2. Efforts to encourage the development of parenting skills. 3. Communicating to parents techniques that are designed to assist the child's learning experience in the home. 4. Efforts to encourage access to community and support services for children and families. 5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children. 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. 7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils. 8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels. 9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. 10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. C. The governing board may shall adopt a policy to provide to parents the information required by this section in either an electronic or a printed form. The governing board shall provide to parents a copy of the policy adopted pursuant to this subsection in an annual notice. D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board. E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child. END_STATUTE Sec. 2. Section 15-142, Arizona Revised Statutes, is amended to read: START_STATUTE15-142. Directory information relating to students; notice; opt-out; consent; access to directory information; access to school property; violation; definition A. Except as provided in subsection B of this section, a school may disclose directory information relating to students in accordance with state and federal law if the school first notifies the parent or eligible student of all of the following: 1. The types of information that the school has designated as directory information. 2. The right of the parent or eligible student to refuse the school's designation of any or all of the types of information about the student as directory information. 3. The period of time within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any or all of the types of information about the student designated as directory information. B. Except as required by state or federal law, a school may not disclose the address, telephone number or email address of a student unless either: 1. The parent or eligible student has affirmatively consented in writing to the disclosure. 2. The parent or eligible student has not opted out of the disclosure pursuant to subsection A of this section and the disclosure is either: (a) To one or more students who are enrolled in the school and for educational purposes. (b) To school employees and for school business purposes. A. C. If the governing board of a school district or the governing body of a charter school permits allows the release of directory information relating to pupils students, subject to subsections A and B of this section, or permits allows access to school buildings, school grounds or other school property to persons who inform pupils students of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to pupils students and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing pupils students of educational and occupational opportunities available in the militia and the armed services. If the school district or charter school permits allows the release of directory information relating to pupils students, subject to subsections A and B of this section, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow pupils parents or eligible students to request that a student's directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001. School districts and charter schools shall distribute the form to pupils parents and eligible students each year separate from any other form. If a school district or charter school distributes materials to pupils parents and eligible students through an electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education. B. D. Notwithstanding subsection A C of this section, pupil student transcripts shall may not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the pupil student consents in writing to the release of the pupil's student's transcript. The governing board of the school district or the governing body of the charter school shall provide the pupil student with a transcript release form that allows the pupil student to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities. C. E. This section shall not be construed to does not authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g). Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction. If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act. If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act. F. For the purposes of this section, "eligible student" means a student who is at least eighteen years of age or is emancipated. END_STATUTE |
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| 66 | 77 | | |
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| 67 | 78 | | Be it enacted by the Legislature of the State of Arizona: |
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| 68 | 79 | | |
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| 69 | 80 | | Section 1. Section 15-102, Arizona Revised Statutes, is amended to read: |
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| 70 | 81 | | |
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| 71 | 82 | | START_STATUTE15-102. Parental involvement in the school; definition |
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| 72 | 83 | | |
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| 73 | 84 | | A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: |
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| 74 | 85 | | |
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| 75 | 86 | | 1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey. |
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| 76 | 87 | | |
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| 77 | 88 | | 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials. |
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| 78 | 89 | | |
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| 79 | 90 | | 3. Beginning January 1, 2023, Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph: |
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| 80 | 91 | | |
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| 81 | 92 | | (a) Schools without a full-time library media specialist or an equivalent position. |
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| 82 | 93 | | |
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| 83 | 94 | | (b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D. |
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| 84 | 95 | | |
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| 85 | 96 | | 4. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion. |
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| 86 | 97 | | |
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| 87 | 98 | | 5. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula. |
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| 88 | 99 | | |
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| 89 | 100 | | 6. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula. |
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| 90 | 101 | | |
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| 91 | 102 | | 7. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school. |
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| 92 | 103 | | |
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| 93 | 104 | | 8. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: |
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| 94 | 105 | | |
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| 95 | 106 | | (a) The right to opt in to a sex education curriculum if one is provided by the school district. |
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| 96 | 107 | | |
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| 97 | 108 | | (b) Open enrollment rights pursuant to section 15-816.01. |
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| 98 | 109 | | |
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| 99 | 110 | | (c) The right to opt out of assignments pursuant to this section. |
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| 100 | 111 | | |
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| 101 | 112 | | (d) The right to opt out of immunizations pursuant to section 15-873. |
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| 102 | 113 | | |
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| 103 | 114 | | (e) The promotion requirements prescribed in section 15-701. |
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| 104 | 115 | | |
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| 105 | 116 | | (f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01. |
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| 106 | 117 | | |
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| 107 | 118 | | (g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716. |
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| 108 | 119 | | |
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| 109 | 120 | | (h) The right to review test results pursuant to section 15-743. |
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| 110 | 121 | | |
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| 111 | 122 | | (i) The right to participate in gifted programs pursuant to section 15-779.01. |
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| 112 | 123 | | |
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| 113 | 124 | | (j) The right to access instructional materials pursuant to section 15-730. |
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| 114 | 125 | | |
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| 115 | 126 | | (k) The right to receive a school report card pursuant to section 15-746. |
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| 116 | 127 | | |
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| 117 | 128 | | (l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821. |
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| 118 | 129 | | |
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| 119 | 130 | | (m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722. |
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| 120 | 131 | | |
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| 121 | 132 | | (n) The right to be excused from school attendance for religious purposes pursuant to section 15-806. |
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| 122 | 133 | | |
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| 123 | 134 | | (o) Policies related to parental involvement pursuant to this section. |
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| 124 | 135 | | |
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| 125 | 136 | | (p) The right to seek membership on school councils pursuant to section 15-351. |
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| 126 | 137 | | |
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| 127 | 138 | | (q) Information about the student accountability information system as prescribed in section 15-1041. |
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| 128 | 139 | | |
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| 129 | 140 | | (r) The right to access the failing schools tutoring fund pursuant to section 15-241. |
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| 130 | 141 | | |
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| 131 | 142 | | (s) The right to access all written and electronic records of a school district or school district employee concerning the parent's child pursuant to section 15-143. |
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| 132 | 143 | | |
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| 133 | 144 | | B. The policy adopted by the governing board pursuant to this section may also include the following components: |
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| 134 | 145 | | |
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| 135 | 146 | | 1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including: |
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| 136 | 147 | | |
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| 137 | 148 | | (a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records. |
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| 138 | 149 | | |
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| 139 | 150 | | (b) The parent's right to inspect the school district policies and curriculum. |
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| 140 | 151 | | |
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| 141 | 152 | | 2. Efforts to encourage the development of parenting skills. |
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| 142 | 153 | | |
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| 143 | 154 | | 3. Communicating to parents techniques that are designed to assist the child's learning experience in the home. |
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| 144 | 155 | | |
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| 145 | 156 | | 4. Efforts to encourage access to community and support services for children and families. |
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| 146 | 157 | | |
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| 147 | 158 | | 5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children. |
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| 148 | 159 | | |
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| 149 | 160 | | 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. |
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| 150 | 161 | | |
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| 151 | 162 | | 7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils. |
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| 152 | 163 | | |
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| 153 | 164 | | 8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels. |
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| 154 | 165 | | |
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| 155 | 166 | | 9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. |
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| 156 | 167 | | |
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| 157 | 168 | | 10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. |
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| 158 | 169 | | |
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| 159 | 170 | | C. The governing board may shall adopt a policy to provide to parents the information required by this section in either an electronic or a printed form. The governing board shall provide to parents a copy of the policy adopted pursuant to this subsection in an annual notice. |
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| 160 | 171 | | |
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| 161 | 172 | | D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board. |
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| 162 | 173 | | |
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| 163 | 174 | | E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child. END_STATUTE |
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| 164 | 175 | | |
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| 165 | 176 | | Sec. 2. Section 15-142, Arizona Revised Statutes, is amended to read: |
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| 166 | 177 | | |
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| 167 | 178 | | START_STATUTE15-142. Directory information relating to students; notice; opt-out; consent; access to directory information; access to school property; violation; definition |
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| 168 | 179 | | |
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| 169 | 180 | | A. Except as provided in subsection B of this section, a school may disclose directory information relating to students in accordance with state and federal law if the school first notifies the parent or eligible student of all of the following: |
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| 170 | 181 | | |
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| 171 | 182 | | 1. The types of information that the school has designated as directory information. |
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| 172 | 183 | | |
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| 173 | 184 | | 2. The right of the parent or eligible student to refuse the school's designation of any or all of the types of information about the student as directory information. |
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| 174 | 185 | | |
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| 175 | 186 | | 3. The period of time within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any or all of the types of information about the student designated as directory information. |
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| 176 | 187 | | |
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| 177 | 188 | | B. Except as required by state or federal law, a school may not disclose the address, telephone number or email address of a student unless either: |
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| 178 | 189 | | |
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| 179 | 190 | | 1. The parent or eligible student has affirmatively consented in writing to the disclosure. |
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| 180 | 191 | | |
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| 181 | 192 | | 2. The parent or eligible student has not opted out of the disclosure pursuant to subsection A of this section and the disclosure is either: |
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| 182 | 193 | | |
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| 183 | 194 | | (a) To one or more students who are enrolled in the school and for educational purposes. |
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| 184 | 195 | | |
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| 185 | 196 | | (b) To school employees and for school business purposes. |
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| 186 | 197 | | |
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| 187 | 198 | | A. C. If the governing board of a school district or the governing body of a charter school permits allows the release of directory information relating to pupils students, subject to subsections A and B of this section, or permits allows access to school buildings, school grounds or other school property to persons who inform pupils students of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to pupils students and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing pupils students of educational and occupational opportunities available in the militia and the armed services. If the school district or charter school permits allows the release of directory information relating to pupils students, subject to subsections A and B of this section, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow pupils parents or eligible students to request that a student's directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001. School districts and charter schools shall distribute the form to pupils parents and eligible students each year separate from any other form. If a school district or charter school distributes materials to pupils parents and eligible students through an electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education. |
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| 188 | 199 | | |
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| 189 | 200 | | B. D. Notwithstanding subsection A C of this section, pupil student transcripts shall may not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the pupil student consents in writing to the release of the pupil's student's transcript. The governing board of the school district or the governing body of the charter school shall provide the pupil student with a transcript release form that allows the pupil student to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities. |
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| 190 | 201 | | |
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| 191 | 202 | | C. E. This section shall not be construed to does not authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g). Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction. If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act. If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act. |
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| 192 | 203 | | |
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| 193 | 204 | | F. For the purposes of this section, "eligible student" means a student who is at least eighteen years of age or is emancipated. END_STATUTE |
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