15-241. School and school district
accountability; failing schools tutoring fund; classification label
for school districts and charter school operators
(L10, Ch. 247, sec. 1. Eff. 9/1/11)
A. The department of education shall compile an annual achievement profile for each
public school and school district.
B. Each school and school district shall submit to the department any data that is
required and requested and that is necessary to compile the achievement profile. A school
or school district that fails to submit the information that is necessary is not eligible
to receive monies from the classroom site fund established by section 15-977.
C. The department shall establish a baseline achievement profile for each school
and school district. The baseline achievement profile shall be used to determine a
standard measurement of acceptable academic progress for each school and school district
and a school and school district classification pursuant to subsection H of this section.
Any disclosure of educational records compiled by the department of education pursuant to
this section shall comply with the family educational and privacy rights act of 1974 (20
United States Code section 1232g).
D. The achievement profile for schools and school districts that offer instruction
in kindergarten programs and grades one through eight, or any combination of those
programs or grades, shall include the following school academic performance indicators:
1. The Arizona measure of academic progress. The department shall compute the
extent of academic progress made by the pupils in each school and school district during
the course of each year.
2. The Arizona instrument to measure standards test. The department shall compute
the percentage of pupils who meet or exceed the standard on the Arizona instrument to
measure standards test, as prescribed by the state board of education. The superintendent
of public instruction and the department may calculate academic gain on the Arizona
instrument to measure standards test according to each of the school classifications
prescribed in subsection G of this section on a statewide basis, for each school district
in this state and for each school by determining the average scale scores for students in
the current academic year as compared to the average scale scores for the previous
academic year for the same students.
3. The results of English language learners tests administered pursuant to section
15-756, subsection B, section 15-756.05 and section 15-756.06.
E. The achievement profile for schools and school districts that offer instruction
in grades nine through twelve, or any combination of those grades, shall include the
following school academic performance indicators:
1. The Arizona measure of academic progress. The department shall compute the
extent of academic progress made by the pupils at each school.
2. The Arizona instrument to measure standards test. The department shall compute
the percentage of pupils pursuant to subsection G of this section who meet or exceed the
standard on the Arizona instrument to measure standards test, as prescribed by the state
board of education. The superintendent of public instruction and the department may
calculate academic gain on the Arizona instrument to measure standards test according to
each of the school classifications prescribed in subsection G of this section on a
statewide basis, for each school district in this state and for each school by
determining the average scale scores for students in the current academic year as
compared to the average scale scores for the previous academic year for the same
students.
3. The annual dropout rate.
4. The annual graduation rate.
5. The results of English language learners tests administered pursuant to section
15-756, subsection B, section 15-756.05 and section 15-756.06.
F. Schools and school districts that offer instruction in all or a combination of
the grades specified in subsections D and E of this section shall include a single
achievement profile for that school and school district that includes the school academic
performance indicators specified in subsections D and E of this section.
G. Subject to final adoption by the state board of education, the department shall
determine the criteria for each school and school district classification using a
research based methodology. The methodology shall include the performance of pupils at
all achievement levels, account for pupil mobility, account for the distribution of pupil
achievement at each school and school district and include longitudinal indicators of
academic performance. Fifty per cent of the school and school district classification
determination shall consist of academic performance measurements. Fifty per cent of the
academic performance measurement shall consist of a measurement of academic gain for all
pupils enrolled at the school or school district and fifty per cent of the academic
performance measurements shall consist of a measurement of the twenty-five per cent of
pupils with the lowest academic performance measurement enrolled at the school or school
district. For the purposes of this subsection, "research based methodology" means the
systematic and objective application of statistical and quantitative research principles
to determine a standard measurement of acceptable academic progress for each school and
school district.
H. The achievement profile shall be used to determine a school and school district
classification that uses a letter grade system as follows:
1. A school or school district assigned a letter grade of A shall demonstrate an
excellent level of performance.
2. A school or school district assigned a letter grade of B shall demonstrate an
above average level of performance.
3. A school or school district assigned a letter grade of C shall demonstrate an
average level of performance.
4. A school or school district assigned a letter grade of D shall demonstrate a
below average level of performance.
5. A school or school district assigned a letter grade of F shall demonstrate a
failing level of performance.
I. The classification for each school and the criteria used to determine
classification pursuant to subsection G of this section shall be included on the school
report card prescribed in section 15-746.
J. Subject to final adoption by the state board of education, the department of
education shall develop a parallel achievement profile for accommodation schools,
alternative schools as defined by the state board of education and extremely small
schools as defined by the state board of education for the purposes of this section.
K. If a school is assigned a letter grade of D, within ninety days after receiving
notice of the designation, the governing board shall develop an improvement plan for the
school, submit a copy of the plan to the superintendent of public instruction and the
county educational service agency and supervise the implementation of the plan. The plan
shall include necessary components as identified by the state board of education. Within
thirty days after submitting the improvement plan to the superintendent of public
instruction and the county educational service agency, the governing board shall hold a
special public meeting in each school that has been assigned a letter grade of D and
shall present the respective improvement plans that have been developed for each
school. The school district governing board, within thirty days of receiving notice of
the designation, shall provide written notification of the classification to each
residence within the attendance area of the school. The notice shall explain the
improvement plan process and provide information regarding the public meeting required by
this subsection.
L. A school that has not submitted an improvement plan pursuant to subsection K of
this section is not eligible to receive monies from the classroom site fund established
by section 15-977 for every day that a plan has not been received by the superintendent
of public instruction within the time specified in subsection K of this section plus an
additional ninety days. The state board of education shall require the superintendent of
the school district to testify before the board and explain the reasons that an
improvement plan for that school has not been submitted.
M. If a charter school is assigned a letter grade of D, within thirty days the
school shall notify the parents of the students attending the school of the
classification. The notice shall explain the improvement plan process and provide
information regarding the public meeting required by this subsection. Within ninety days
of receiving the classification, the charter holder shall present an improvement plan to
the charter sponsor at a public meeting and submit a copy of the plan to the
superintendent of public instruction. The improvement plan shall include necessary
components as identified by the state board of education. For every day that an
improvement plan is not received by the superintendent of public instruction and the
county educational service agency, the school is not eligible to receive monies from the
classroom site fund established by section 15-977 for every day that a plan has not been
received by the superintendent of public instruction within the time specified in
subsection K of this section plus an additional ninety days. The charter holder shall
appear before the sponsoring board and explain why the improvement plan has not been
submitted.
N. The department of education shall establish an appeals process, to be approved
by the state board of education, for a school to appeal data used to determine the
achievement profile of the school. The criteria established shall be based on mitigating
factors and may include a visit to the school site by the department of education.
O. If a school is assigned a letter grade of D for a third consecutive year, the
department of education shall visit the school site to confirm the classification data
and to review the implementation of the school's improvement plan. The school shall be
assigned a letter grade of F unless an alternate letter grade is assigned after an appeal
pursuant to subsection N of this section.
P. The school district governing board, within thirty days of receiving notice of
the school being assigned a letter grade of F, shall provide written notification of the
classification to each residence in the attendance area of the school. The notice shall
explain the improvement plan process and provide information regarding the public meeting
required by subsection S of this section.
Q. The superintendent of public instruction in collaboration with the county
educational service agency, based on need, shall assign a solutions team to a school
assigned a letter grade of D, a school assigned a letter grade of F or any other school
pursuant to a mutual agreement between the department of education and the school
comprised of master teachers, fiscal analysts and curriculum assessment experts who are
certified by the state board of education as Arizona academic standards technicians. The
department of education or the county educational service agency may hire or contract
with administrators, principals and teachers who have demonstrated experience with the
characteristics and situations in a school assigned a letter grade of D or F and may use
these personnel as part of the solutions team. The department of education shall work
with staff at the school to assist in curricula alignment and shall instruct teachers on
how to increase pupil academic progress, considering the school's achievement profile.
The solutions team shall consider the existing improvement plan to assess the need for
changes to curriculum, professional development and resource allocation and shall present
a statement of its findings to the school administrator and district
superintendent. Within forty-five days after the presentation of the solutions team's
statement of findings, the school district governing board, in cooperation with each
school within the school district that is assigned a letter grade of D and its assigned
solutions team representative, shall develop and submit to the department of education
and the county educational service agency an action plan that details the manner in which
the school district will assist the school as the school incorporates the findings of the
solutions team into the improvement plan. The department of education shall review the
action plan and shall either accept the action plan or return the action plan to the
school district for modification. If the school district does not submit an approved
action plan within forty-five days, the state board of education may direct the
superintendent of public instruction to withhold up to ten per cent of state monies that
the school district would otherwise be entitled to receive each month until the plan is
submitted to the department of education and the county educational service agency, at
which time those monies shall be returned to the school district.
R. The parent or the guardian of the pupil may apply to the department of
education, in a manner determined by the department of education, for a certificate of
supplemental instruction from the failing schools tutoring fund established by this
section. Pupils attending a school assigned a letter grade of D or F or a pupil who has
failed to pass one or more portions of the Arizona instrument to measure standards test
in grades eight through twelve in order to graduate from high school may select an
alternative tutoring program in academic standards from a provider that is certified by
the state board of education. To qualify, the provider must state in writing a level of
academic improvement for the pupil that includes a timeline for improvement that is
agreed to by the parent or guardian of the pupil. The state board of education shall
annually review academic performance levels for providers certified pursuant to this
subsection and may remove a provider at a public hearing from an approved list of
providers if that provider fails to meet its stated level of academic improvement. The
state board of education shall determine the application guidelines and the maximum value
for each certificate of supplemental instruction. The state board of education shall
annually complete a market survey in order to determine the maximum value for each
certificate of supplemental instruction. Nothing in this subsection shall be construed to
require the state to provide additional monies beyond the monies provided pursuant to
section 42-5029, subsection E, paragraph 7.
S. Within sixty days of receiving notification of a school being assigned a letter
grade of F, the school district governing board shall evaluate needed changes to the
existing improvement plan for the school, consider recommendations from the solutions
team, submit a copy of the plan to the superintendent of public instruction and the
county educational service agency and supervise the implementation of the plan. Within
thirty days after submitting the improvement plan to the superintendent of public
instruction, the governing board shall hold a public meeting in each school that has been
assigned a letter grade of F and shall present the respective improvement plans that have
been developed for each school.
T. A school that has not submitted an improvement plan pursuant to subsection S of
this section is not eligible to receive monies from the classroom site fund established
by section 15-977 for every day that a plan has not been received by the superintendent
of public instruction within the time specified in subsection S of this section plus an
additional ninety days. The state board of education shall require the superintendent of
the school district to testify before the board and explain the reasons that an
improvement plan for that school has not been submitted.
U. If a charter school is assigned a letter grade of F, the department of education
shall immediately notify the charter school's sponsor. The charter school's sponsor shall
either take action to restore the charter school to acceptable performance or revoke the
charter school's charter. Within thirty days the school shall notify the parents of the
students attending the school of the classification and of any pending public meetings to
review the issue.
V. A school that has been assigned a letter grade of F shall be evaluated by the
department of education to determine if the school failed to properly implement its
school improvement plan, align the curriculum with academic standards, provide teacher
training, prioritize the budget or implement other proven strategies to improve academic
performance. After visiting the school site pursuant to subsection O of this section, the
department of education shall submit to the state board of education a recommendation to
proceed pursuant to subsections Q, R and S of this section or that the school be subject
to a public hearing to determine if the school failed to properly implement its
improvement plan and the reasons for the department's recommendation.
W. If the department does recommend a public hearing, the state board of education
shall meet and may provide by a majority vote at the public hearing for the continued
operation of the school as allowed by this subsection. The state board of education
shall determine whether governmental, nonprofit and private organizations may submit
applications to the state board to fully or partially manage the school. The state
board's determination shall include:
1. If and to what extent the local governing board may participate in the operation
of the school including personnel matters.
2. If and to what extent the state board of education shall participate in the
operation of the school.
3. Resource allocation pursuant to subsection Y of this section.
4. Provisions for the development and submittal of a school improvement plan to be
presented in a public meeting at the school.
5. A suggested time frame for the alternative operation of the school.
X. The state board shall periodically review the status of a school that is
operated by an organization other than the school district governing board to determine
whether the operation of the school should be returned to the school district governing
board. Before the state board makes a determination, the state board or its designee
shall meet with the school district governing board or its designee to determine the time
frame, operational considerations and the appropriate continuation of existing
improvements that are necessary to assure a smooth transition of authority from the other
organization back to the school district governing board.
Y. If an alternative operation plan is provided pursuant to subsection W of this
section, the state board of education shall pay for the operation of the school and shall
adjust the school district's student count pursuant to section 15-902, soft capital
allocation pursuant to section 15-962, capital outlay revenue limit pursuant to section
15-961, base support level pursuant to section 15-943, monies distributed from the
classroom site fund established by section 15-977 and transportation support level
pursuant to section 15-945 to accurately reflect any reduction in district services that
are no longer provided to that school by the district. The state board of education may
modify the school district's revenue control limit, the district support level and the
general budget limit calculated pursuant to section 15-947 by an amount that corresponds
to this reduction in services. The state board of education shall retain the portion of
state aid that would otherwise be due the school district for the school and shall
distribute that portion of state aid directly to the organization that contracts with the
state board of education to operate the school.
Z. If the state board of education determines that a charter school failed to
properly implement its improvement plan, the sponsor of the charter school shall revoke
the charter school's charter.
AA. If there are more than two schools in a district and more than one-half, or in
any case more than five, of the schools in the district are assigned a letter grade of F
for more than two consecutive years, in the next election of members of the governing
board the election ballot shall contain the following statement immediately above the
listing of governing board candidates:
Within the last five years, (number of schools) schools in the ________ school
district have been designated as "schools failing to meet academic standards"
by the superintendent of public instruction.
BB. At least twice each year the department of education shall publish in a
newspaper of general circulation in each county of this state a list of schools that are
assigned a letter grade of F.
CC. The failing schools tutoring fund is established consisting of monies collected
pursuant to section 42-5029, subsection E as designated for this purpose. The department
of education shall administer the fund. The department of education may use monies from
the fund to purchase materials designed to assist students to meet the Arizona academic
standards and to achieve a passing score on the Arizona instrument to measure standards
test in order to graduate from high school.
DD. The department of education may develop a classification label for school
districts and charter school operators. If the department of education develops a
classification label for school districts and charter school operators, the
classification label may be developed from the following components:
1. Measures of academic progress.
2. Pupil assessment data.
3. The attendance rates and graduation rates of pupils who are educated in that
charter school operator's charter schools or in that school district's schools.
4. The percentage of the parents of pupils enrolled in that charter school
operator's charter schools or in that school district's schools that categorizes the
quality of their child's education as excellent on a parental rating of school quality.
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