15-901; Version 2

15-901. Definitions

(L10, Ch. 318, sec. 12. Eff. 7/1/11)

A. In this title, unless the context otherwise requires:

1. "Average daily membership" means the total enrollment of fractional students and
full-time students, minus withdrawals, who are enrolled on September 15, November 15,
January 15 and March 15, divided by four. Withdrawals include students formally withdrawn
from schools and students absent for ten consecutive school days, except for excused
absences identified by the department of education. For the purposes of this section,
School districts and charter schools shall report student absence data to the department
of education at least once every sixty days in session. For computation purposes, the
effective date of withdrawal shall be retroactive to the last day of actual attendance of
the student or excused absence.

(a) "Fractional student" means:

(i) For common schools, a preschool child who is enrolled in a program for
preschool children with disabilities of at least three hundred sixty minutes each week or
a kindergarten student at least five years of age prior to January 1 of the school year
and enrolled in a school kindergarten program that meets at least three hundred fifty-six
hours for a one hundred eighty day school year, or the instructional hours prescribed in
this section. Lunch periods and recess periods may not be included as part of the
instructional hours unless the child's individualized education program requires
instruction during those periods and the specific reasons for such instruction are fully
documented. In computing the average daily membership, preschool children with
disabilities and kindergarten students shall be counted as one-half of a full-time
student. For common schools, a part-time student is a student enrolled for less than the
total time for a full-time student as defined in this section. A part-time common school
student shall be counted as one-fourth, one-half or three-fourths of a full-time student
if the student is enrolled in an instructional program that is at least one-fourth,
one-half or three-fourths of the time a full-time student is enrolled as defined in
subdivision (b) of this paragraph.

(ii) For high schools, a part-time student who is enrolled in less than four
subjects that count toward graduation as defined by the state board of education in a
recognized high school. The average daily membership of a part-time high school student
shall be 0.75 if the student is enrolled in an instructional program of three subjects
that meet at least five hundred eighty hours for a one hundred eighty day school year, or
the instructional hours prescribed in this section. The average daily membership of a
part-time high school student shall be 0.5 if the student is enrolled in an instructional
program of two subjects that meet at least three hundred sixty hours for a one hundred
eighty day school year, or the instructional hours prescribed in this section. The
average daily membership of a part-time high school student shall be 0.25 if the student
is enrolled in an instructional program of one subject that meets at least one hundred
eighty hours for a one hundred eighty day school year, or the instructional hours
prescribed in this section.

(b) "Full-time student" means:

(i) For common schools, a student who is at least six years of age prior to January
1 of a school year, who has not graduated from the highest grade taught in the school
district and who is regularly enrolled in a course of study required by the state board
of education. First, second and third grade students, ungraded students at least six,
but under nine, years of age by September 1 or ungraded group B children with
disabilities who are at least five, but under six, years of age by September 1 must be
enrolled in an instructional program that meets for a total of at least seven hundred
twelve hours for a one hundred eighty day school year, or the instructional hours
prescribed in this section. Fourth, fifth and sixth grade students or ungraded students
at least nine, but under twelve, years of age by September 1 must be enrolled in an
instructional program that meets for a total of at least eight hundred ninety hours for a
one hundred eighty day school year, or the instructional hours prescribed in this
section. Seventh and eighth grade students or ungraded students at least twelve, but
under fourteen, years of age by September 1 must be enrolled in an instructional program
that meets for a In fiscal years 2005-2006 through 2009-2010, the program shall meet at
least one thousand sixty-eight hours. In fiscal year 2010-2011 and each fiscal year
thereafter, the program shall meet at least one thousand hours. Lunch periods and recess
periods may not be included as part of the instructional hours unless the student is a
child with a disability and the child's individualized education program requires
instruction during those periods and the specific reasons for such instruction are fully
documented.

(ii) For high schools, except as provided in section 15-105, a student not
graduated from the highest grade taught in the school district, or an ungraded student at
least fourteen years of age by September 1, and enrolled in at least an instructional
program of four or more subjects that count toward graduation as defined by the state
board of education, that meets for a total of at least seven hundred twenty hours for a
one hundred eighty day school year, or the instructional hours prescribed in this section
in a recognized high school. A full-time student shall not be counted more than once for
computation of average daily membership. The average daily membership of a full-time high
school student shall be 1.0 if the student is enrolled in at least four subjects that
meet at least seven hundred twenty hours for a one hundred eighty day school year, or the
equivalent instructional hours prescribed in this section.

(iii) Except as otherwise provided by law, for a full-time high school student who
is concurrently enrolled in two school districts or two charter schools, the average
daily membership shall not exceed 1.0.

(iv) Except as otherwise provided by law, for any student who is concurrently
enrolled in a school district and a charter school, the average daily membership shall be
apportioned between the school district and the charter school and shall not exceed 1.0.
The apportionment shall be based on the percentage of total time that the student is
enrolled in or in attendance at the school district and the charter school.

(v) Except as otherwise provided by law, for any student who is concurrently
enrolled, pursuant to section 15-808, in a school district and Arizona online instruction
or a charter school and Arizona online instruction, the average daily membership shall be
apportioned between the school district and Arizona online instruction or the charter
school and Arizona online instruction and shall not exceed 1.0. The apportionment shall
be based on the percentage of total time that the student is enrolled in or in attendance
at the school district and Arizona online instruction or the charter school and Arizona
online instruction.

(vi) For homebound or hospitalized, a student receiving at least four hours of
instruction per week.

2. "Budget year" means the fiscal year for which the school district is budgeting
and which immediately follows the current year.

3. "Common school district" means a political subdivision of this state offering
instruction to students in programs for preschool children with disabilities and
kindergarten programs and grades one through eight.

4. "Current year" means the fiscal year in which a school district is operating.

5. "Daily attendance" means:

(a) For common schools, days in which a pupil:

(i) Of a kindergarten program or ungraded, but not group B children with
disabilities, and at least five, but under six, years of age by September 1 attends at
least three-quarters of the instructional time scheduled for the day. If the total
instruction time scheduled for the year is at least three hundred forty-six hours but is
less than six hundred ninety-two hours such attendance shall be counted as one-half day
of attendance. If the instructional time scheduled for the year is at least six hundred
ninety-two hours, "daily attendance" means days in which a pupil attends at least
one-half of the instructional time scheduled for the day. Such attendance shall be
counted as one-half day of attendance.

(ii) Of the first, second or third grades, ungraded and at least six, but under
nine, years of age by September 1 or ungraded group B children with disabilities and at
least five, but under six, years of age by September 1 attends more than three-quarters
of the instructional time scheduled for the day.

(iii) Of the fourth, fifth or sixth grades or ungraded and at least nine, but under
twelve, years of age by September 1 attends more than three-quarters of the instructional
time scheduled for the day, except as provided in section 15-797.

(iv) Of the seventh or eighth grades or ungraded and at least twelve, but under
fourteen, years of age by September 1 attends more than three-quarters of the
instructional time scheduled for the day, except as provided in section 15-797.

(b) For common schools, the attendance of a pupil at three-quarters or less of the
instructional time scheduled for the day shall be counted as follows, except as provided
in section 15-797 and except that attendance for a fractional student shall not exceed
the pupil's fractional membership:

(i) If attendance for all pupils in the school is based on quarter days, the
attendance of a pupil shall be counted as one-fourth of a day's attendance for each
one-fourth of full-time instructional time attended.

(ii) If attendance for all pupils in the school is based on half days, the
attendance of at least three-quarters of the instructional time scheduled for the day
shall be counted as a full day's attendance and attendance at a minimum of one-half but
less than three-quarters of the instructional time scheduled for the day equals one-half
day of attendance.

(c) For common schools, the attendance of a preschool child with disabilities shall
be counted as one-fourth day's attendance for each thirty-six minutes of attendance not
including lunch periods and recess periods, except as provided in paragraph 2,
subdivision (a), item (i) of this subsection for children with disabilities up to a
maximum of three hundred sixty minutes each week.

(d) For high schools or ungraded schools in which the pupil is at least fourteen
years of age by September 1, the attendance of a pupil shall not be counted as a full day
unless the pupil is actually and physically in attendance and enrolled in and carrying
four subjects, each of which, if taught each school day for the minimum number of days
required in a school year, would meet a minimum of one hundred twenty hours a year, or
the equivalent, that count toward graduation in a recognized high school except as
provided in section 15-797 and subdivision (e) of this paragraph. Attendance of a pupil
carrying less than the load prescribed shall be prorated.

(e) For high schools or ungraded schools in which the pupil is at least fourteen
years of age by September 1, the attendance of a pupil may be counted as one-fourth of a
day's attendance for each sixty minutes of instructional time in a subject that counts
toward graduation, except that attendance for a pupil shall not exceed the pupil's full
or fractional membership.

(f) For homebound or hospitalized, a full day of attendance may be counted for each
day during a week in which the student receives at least four hours of instruction.

(g) For school districts which maintain school for an approved year-round school
year operation, attendance shall be based on a computation, as prescribed by the
superintendent of public instruction, of the one hundred eighty days' equivalency or two
hundred days' equivalency, as applicable, of instructional time as approved by the
superintendent of public instruction during which each pupil is enrolled.

6. "Daily route mileage" means the sum of:

(a) The total number of miles driven daily by all buses of a school district while
transporting eligible students from their residence to the school of attendance and from
the school of attendance to their residence on scheduled routes approved by the
superintendent of public instruction.

(b) The total number of miles driven daily on routes approved by the superintendent
of public instruction for which a private party, a political subdivision or a common or a
contract carrier is reimbursed for bringing an eligible student from the place of his
residence to a school transportation pickup point or to the school of attendance and from
the school transportation scheduled return point or from the school of attendance to his
residence. Daily route mileage includes the total number of miles necessary to drive to
transport eligible students from and to their residence as provided in this paragraph.

7. "District support level" means the base support level plus the transportation
support level.

8. "Eligible students" means:

(a) Students who are transported by or for a school district and who qualify as
full-time students or fractional students, except students for whom transportation is
paid by another school district or a county school superintendent, and:

(i) For common school students, whose place of actual residence within the school
district is more than one mile from the school facility of attendance or students who are
admitted pursuant to section 15-816.01 and who meet the economic eligibility requirements
established under the national school lunch and child nutrition acts (42 United States
Code sections 1751 through 1785) for free or reduced price lunches and whose actual place
of residence outside the school district boundaries is more than one mile from the school
facility of attendance.

(ii) For high school students, whose place of actual residence within the school
district is more than one and one-half miles from the school facility of attendance or
students who are admitted pursuant to section 15-816.01 and who meet the economic
eligibility requirements established under the national school lunch and child nutrition
acts (42 United States Code sections 1751 through 1785) for free or reduced price lunches
and whose actual place of residence outside the school district boundaries is more than
one and one-half miles from the school facility of attendance.

(b) Kindergarten students, for purposes of computing the number of eligible
students under subdivision (a), item (i) of this paragraph, shall be counted as full-time
students, notwithstanding any other provision of law.

(c) Children with disabilities, as defined by section 15-761, who are transported
by or for the school district or who are admitted pursuant to chapter 8, article 1.1 of
this title and who qualify as full-time students or fractional students regardless of
location or residence within the school district or children with disabilities whose
transportation is required by the pupil's individualized education program.

(d) Students whose residence is outside the school district and who are transported
within the school district on the same basis as students who reside in the school
district.

9. "Enrolled" or "enrollment" means when a pupil is currently registered in the
school district.

10. "GDP price deflator" means the average of the four implicit price deflators for
the gross domestic product reported by the United States department of commerce for the
four quarters of the calendar year.

11. "High school district" means a political subdivision of this state offering
instruction to students for grades nine through twelve or that portion of the budget of a
common school district which is allocated to teaching high school subjects with
permission of the state board of education.

12. "Revenue control limit" means the base revenue control limit plus the
transportation revenue control limit.

13. "Student count" means average daily membership as prescribed in this subsection
for the fiscal year prior to the current year, except that for the purpose of budget
preparation student count means average daily membership as prescribed in this subsection
for the current year.

14. "Submit electronically" means submitted in a format and in a manner prescribed
by the department of education.

15. "Total bus mileage" means the total number of miles driven by all buses of a
school district during the school year.

16. "Total students transported" means all eligible students transported from their
place of residence to a school transportation pickup point or to the school of attendance
and from the school of attendance or from the school transportation scheduled return
point to their place of residence.

17. "Unified school district" means a political subdivision of the state offering
instruction to students in programs for preschool children with disabilities and
kindergarten programs and grades one through twelve.

B. In this title, unless the context otherwise requires:

1. "Base" means the revenue level per student count specified by the legislature.

2. "Base level" means:

(a) For fiscal year 2007-2008, three thousand two hundred twenty-six dollars
eighty-eight cents.

(b) For fiscal year 2008-2009, three thousand two hundred ninety-one dollars
forty-two cents.

3. "Base revenue control limit" means the base revenue control limit computed as
provided in section 15-944.

4. "Base support level" means the base support level as provided in section 15-943.

5. "Certified teacher" means a person who is certified as a teacher pursuant to the
rules adopted by the state board of education, who renders direct and personal services
to school children in the form of instruction related to the school district's
educational course of study and who is paid from the maintenance and operation section of
the budget.

6. "DD" means programs for children with developmental delays who are at least
three years of age but under ten years of age. a preschool child who is categorized under
this paragraph is not eligible to receive funding pursuant to section 15-943, paragraph
2, subdivision (b).

7. "ED, MIMR, SLD, SLI and OHI" means programs for children with emotional
disabilities, mild mental retardation, a specific learning disability, a speech/language
impairment and other health impairments. A preschool child who is categorized as SLI
under this paragraph is not eligible to receive funding pursuant to section 15-943,
paragraph 2, subdivision (b).

8. "ED-P" means programs for children with emotional disabilities who are enrolled
in private special education programs as prescribed in section 15-765, subsection D,
paragraph 1 or in an intensive school district program as provided in section 15-765,
subsection D, paragraph 2.

9. "ELL" means English learners who do not speak English or whose native language
is not English, who are not currently able to perform ordinary classroom work in English
and who are enrolled in an English language education program pursuant to sections
15-751, 15-752 and 15-753.

10. "Full-time equivalent certified teacher" or "FTE certified teacher" means for a
certified teacher the following:

(a) If employed full time as defined in section 15-501, 1.00.

(b) If employed less than full time, multiply 1.00 by the percentage of a full
school day, or its equivalent, or a full class load, or its equivalent, for which the
teacher is employed as determined by the governing board.

11. "Group A" means educational programs for career exploration, a specific learning
disability, an emotional disability, mild mental retardation, remedial education, a
speech/language impairment, developmental delay, homebound, bilingual, other health
impairments and gifted pupils.

12. "Group B" means educational improvements for pupils in kindergarten programs and
grades one through three, educational programs for autism, a hearing impairment, moderate
mental retardation, multiple disabilities, multiple disabilities with severe sensory
impairment, orthopedic impairments, preschool severe delay, severe mental retardation and
emotional disabilities for school age pupils enrolled in private special education
programs or in school district programs for children with severe disabilities or visual
impairment and English learners enrolled in a program to promote English language
proficiency pursuant to section 15-752.

13. "HI" means programs for pupils with hearing impairment.

14. "Homebound" or "hospitalized" means a pupil who is capable of profiting from
academic instruction but is unable to attend school due to illness, disease, accident or
other health conditions, who has been examined by a competent medical doctor and who is
certified by that doctor as being unable to attend regular classes for a period of not
less than three school months or a pupil who is capable of profiting from academic
instruction but is unable to attend school regularly due to chronic or acute health
problems, who has been examined by a competent medical doctor and who is certified by
that doctor as being unable to attend regular classes for intermittent periods of time
totaling three school months during a school year. The medical certification shall state
the general medical condition, such as illness, disease or chronic health condition, that
is the reason that the pupil is unable to attend school. Homebound or hospitalized
includes a student who is unable to attend school for a period of less than three months
due to a pregnancy if a competent medical doctor, after an examination, certifies that
the student is unable to attend regular classes due to risk to the pregnancy or to the
student's health.

15. "K" means kindergarten programs.

16. "K-3" means kindergarten programs and grades one through three.

17. "MD-R, A-R and SMR-R" means resource programs for pupils with multiple
disabilities, autism and severe mental retardation.

18. "MD-SC, A-SC and SMR-SC" means self-contained programs for pupils with multiple
disabilities, autism and severe mental retardation.

19. "MDSSI" means a program for pupils with multiple disabilities with severe
sensory impairment.

20. "MOMR" means programs for pupils with moderate mental retardation.

21. "OI-R" means a resource program for pupils with orthopedic impairments.

22. "OI-SC" means a self-contained program for pupils with orthopedic impairments.

23. "PSD" means preschool programs for children with disabilities as provided in
section 15-771.

24. "P-SD" means programs for children who meet the definition of preschool severe
delay as provided in section 15-771.

25. "Qualifying tax rate" means the qualifying tax rate specified in section 15-971
applied to the assessed valuation used for primary property taxes.

26. "Small isolated school district" means a school district which meets all of the
following:

(a) Has a student count of fewer than six hundred in kindergarten programs and
grades one through eight or grades nine through twelve.

(b) Contains no school which is fewer than thirty miles by the most reasonable
route from another school, or, if road conditions and terrain make the driving slow or
hazardous, fifteen miles from another school which teaches one or more of the same grades
and is operated by another school district in this state.

27. "Small school district" means a school district which meets all of the
following:

(a) Has a student count of fewer than six hundred in kindergarten programs and
grades one through eight or grades nine through twelve.

(b) Contains at least one school which is fewer than thirty miles by the most
reasonable route from another school which teaches one or more of the same grades and is
operated by another school district in this state.

28. "Transportation revenue control limit" means the transportation revenue control
limit computed as prescribed in section 15-946.

29. "Transportation support level" means the support level for pupil transportation
operating expenses as provided in section 15-945.

30. "VI" means programs for pupils with visual impairments.

31. "Voc. Ed." means career and technical education and vocational education
programs, as defined in section 15-781.