15-701

15-701. Common school; promotions;
requirements; certificate; supervision of eighth grades by
superintendent of high school district; high school admissions;
academic credit

A. The state board of education shall:

1. Prescribe a minimum course of study, as defined in section 15-101 and
incorporating the academic standards adopted by the state board of education, to be
taught in the common schools.

2. Prescribe competency requirements for the promotion of pupils from the eighth
grade and competency requirements for the promotion of pupils from the third grade
incorporating the academic standards in at least the areas of reading, writing,
mathematics, science and social studies. Notwithstanding section 15-521, paragraph 3, the
competency requirements for the promotion of pupils from the third grade shall include
the following:

(a) A requirement that a pupil not be promoted from the third grade if the pupil
obtains a score on the reading portion of the Arizona instrument to measure standards
test, or a successor test, that demonstrates that the pupil's reading falls far below the
third grade level.

(b) A mechanism to allow a school district governing board or the governing body of
a charter school to promote a pupil from the third grade who obtains a score on the
reading portion of the Arizona instrument to measure standards test, or a successor test,
that demonstrates that the pupil's reading falls far below the third grade level for any
of the following good cause exemptions:

(i) The pupil is a child with a disability as defined in section 15-761 and did not
take the Arizona instrument to measure standards test, or a successor test.

(ii) The pupil is a child with a disability as defined in section 15-761, has taken
the Arizona instrument to measure standards test, or a successor test, and has been
previously retained in a grade.

(iii) The pupil is an English learner or a limited English proficient student as
defined in section 15-751 and has had fewer than two years of English language
instruction.

(iv) The pupil has a reading deficiency and has been previously retained twice in a
grade.

(v) The pupil has demonstrated reading proficiency on an alternate assessment
approved by the state board of education.

(vi) The school district governing board or the charter school governing body
accepts a parent's request for an exemption for a pupil who does not meet any of the good
cause exemptions prescribed in items (i) through (v) of this subdivision. Within thirty
days after receipt of notification that the pupil will not be promoted from the third
grade, a parent may submit a written request to the school district governing board or
the charter school governing body for an exemption pursuant to this item. The written
request shall include documentation showing that the promotion of the pupil is
appropriate based on the pupil's academic record and shall include academic progress
reports, the pupil's individualized education plan, if applicable, and letters from the
pupil's teacher and the principal of the school recommending that the pupil be promoted
from the third grade. The school district governing board or the charter school governing
body shall issue a written acceptance or rejection of the parent's exemption request
pursuant to this item within thirty days after receipt of the parent's request.

(c) Intervention and remedial strategies developed by the state board of education
for pupils who are not promoted from the third grade. A school district governing board
or the governing body of a charter school shall offer at least one of the intervention
and remedial strategies developed by the state board of education. The parent or guardian
of a pupil who is not promoted from the third grade and the pupil's teacher and principal
may choose the most appropriate intervention and remedial strategies that will be
provided to that pupil. The intervention and remedial strategies developed by the state
board of education shall include:

(i) A requirement that the pupil be assigned to a different teacher for reading
instruction.

(ii) Summer school reading instruction.

(iii) In the next academic year, intensive reading instruction that occurs before,
during or after the regular school day, or any combination of before, during and after
the regular school day.

(iv) Online reading instruction.

3. Provide for universal screening of pupils in preschool programs, kindergarten
programs and grades one through three that is designed to identify pupils who have
reading deficiencies pursuant to section 15-704.

4. Distribute guidelines for the school districts to follow in prescribing criteria
for the promotion of pupils from grade to grade in the common schools. These guidelines
shall include recommended procedures for ensuring that the cultural background of a pupil
is taken into consideration when criteria for promotion are being applied.

B. Beginning in the 2010-2011 school year, school districts and charter schools
shall provide annual written notification to parents of pupils in kindergarten programs
and first, second and third grades that a pupil who obtains a score on the reading
portion of the Arizona instrument to measure standards test, or a successor test, that
demonstrates the pupil is reading far below the third grade level will not be promoted
from the third grade. If the school has determined that the pupil is substantially
deficient in reading before the end of grade three, the school district or charter school
shall provide to the parent of that pupil a separate written notification of the reading
deficiency that includes the following information:

1. A description of the current reading services provided to the pupil.

2. A description of the available supplemental instructional services and
supporting programs that are designed to remediate reading deficiencies.

3. Parental strategies to assist the pupil to attain reading proficiency.

4. A statement that the pupil will not be promoted from the third grade if the
pupil obtains a score on the reading portion of the Arizona instrument to measure
standards test, or a successor test, that demonstrates the pupil is reading far below the
third grade level, unless the pupil is exempt from mandatory retention in grade three or
the pupil qualifies for a good cause exemption pursuant to subsection A of this section.

5. A description of the school district or charter school policies on midyear
promotion to a higher grade.

C. Pursuant to the guidelines that the state board of education distributes, the
governing board of a school district shall:

1. Prescribe curricula that include the academic standards in the required subject
areas pursuant to subsection A, paragraph 1 of this section.

2. Prescribe criteria for the promotion of pupils from grade to grade in the common
schools in the school district. These criteria shall include accomplishment of the
academic standards in at least reading, writing, mathematics, science and social studies,
as determined by district assessment. Other criteria may include additional measures of
academic achievement and attendance.

D. The governing board may prescribe the course of study and competency
requirements for promotion that are in addition to or higher than the course of study and
competency requirements the state board prescribes.

E. A teacher shall determine whether to promote or retain a pupil in grade in a
common school as provided in section 15-521, paragraph 3 on the basis of the prescribed
criteria. The governing board, if it reviews the decision of a teacher to promote or
retain a pupil in grade in a common school as provided in section 15-342, paragraph 11,
shall base its decision on the prescribed criteria.

F. A governing board may provide and issue certificates of promotion to pupils whom
it promotes from the eighth grade of a common school. Such certificates shall be signed
by the principal or superintendent of schools. Where there is no principal or
superintendent of schools, the certificates shall be signed by the teacher of an eighth
grade. The certificates shall admit the holders to any high school in the state.

G. A governing board may request certificates of promotion from the county school
superintendent. If a governing board requests these certificates from the county school
superintendent, the county school superintendent shall furnish and sign the certificates.

H. Within any high school district or union high school district, the
superintendent of the high school district shall supervise the work of the eighth grade
of all schools employing no superintendent or principal.

I. A school district shall not deny a pupil who is between the ages of sixteen and
twenty-one years admission to a high school because the pupil does not hold an eighth
grade certificate. Governing boards shall establish procedures for determining the
admissibility of pupils who are under sixteen years of age and who do not hold eighth
grade certificates.

J. The state board of education shall adopt rules to allow common school pupils who
can demonstrate competency in a particular academic course or subject to obtain academic
credit for the course or subject without enrolling in the course or subject.