ARTICLE 3. CURRICULUM REQUIREMENTS AND SPECIAL PROGRAMS

R7-2-301. Minimum Course of Study and Competency Goals for Students in the Common Schools

A. Students shall demonstrate competency as defined by the State Board-adopted Essential Skills, at the grade levels specified, in the following required subject areas. District instructional programs shall include an ongoing assessment of student progress toward meeting the competency requirements.

1. Language arts

2. Literature

3. Mathematics

4. Science

5. Social Studies

6. Music

7. Visual Arts

8. Health/Physical Education

9. Foreign or native American Language (includes modern and classical)

B. Additional subjects may be offered by the local governing board as options and may include, but are not limited to:

1. Performing Arts

2. Practical Arts

C. Prior to the issuance of a standard certificate of promotion from the 8th grade, each student shall demonstrate competency, as defined by the local governing board, of the State Board-adopted Essential Skills for grade 8 in the subject areas listed in subsection (A).

D. Special education and promotion from the 8th grade.

1. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with R7-2-401 et seq.

2. Students placed in special education classes in grades K-8 are eligible to receive the standard certificate of promotion without meeting State Board competency requirements, but reference to special education shall be placed on the student's transcript or in the permanent file.

E. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

1. Distance education providers shall register with the Department of Education and satisfy the following requirements:

a. Be regionally accredited or affiliated with a regionally accredited institution as listed in R7-2-601(G) or by a regional accrediting association as listed in R7-2-601(C).

b. Validate that the instructor of the distance education program:

i. Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

ii. Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

iii. Is employed by or affiliated with, in the content area of instruction, a regionally accredited institution as listed in R7-2-601(G).

2. Distance education may be used as a part of the instructional program. School districts shall ensure that:

a. Only those distance education providers registered with the Department of Education are used to provide distance education; and

b. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-603.

Historical Note

Former Section R7-2-301 repealed, new Section R7-2-301 adopted effective December 4, 1978 (Supp. 78-6). Amended subsections (A) and (B) effective May 4, 1982 (Supp. 82-3). Amended subsection (B) by adding subsection (10) effective July 26, 1982 (Supp. 82-4). Section repealed, new Section adopted effective April 12, 1993 (Supp. 93-2). Amended effective May 3, 1993 (Supp. 93-2).

R7-2-301.01. Repealed

Historical Note

R7-2-301(A), (B), and (C) repeated and numbered as R7-2-301.01(A), (B), and (C); R7-2-301(D) and (E) repeated and numbered as R7-2-301.01(D) and (E) and amended; the text of R7-2-301.01 as amended is effective January 1, 1989 (Supp. 86-2). Complete text printed and historical note added (Supp. 89-3). Repealed effective April 12, 1993 (Supp. 93-2).

R7-2-301.02. Repealed

Historical Note

Adopted effective March 26, 1990 (Supp. 90-1). Amended effective December 18, 1991; amended effective December 20, 1991 (Supp. 91-4). Repealed effective March 18, 1994 (Supp. 94-1).

R7-2-302. Minimum Course of Study and Competency Requirements for Graduation from High School

The Board prescribes the minimum course of study and competency requirements as outlined in subsections (1) and (2) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2006.

1. Subject area course requirements. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (f) based on completion of subject area course requirements or competency requirements. At the discretion of the local governing board, credits may be awarded for completion of elective subjects specified in subsection (1)(g) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board and local governing board as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

c. One credit of world history/geography.

d. Two credits of mathematics. Effective with the graduating class of 2004, mathematics credits shall be taken consecutively beginning with the 9th grade, and the course content of the mathematics credits shall include Number Sense; Data Analysis and Probability; Patterns, Algebra and Functions; Geometry; Measurement and Discrete Mathematics; and Mathematical Structure/Logic, in preparation for proficiency, at the high school level, on the AIMS test.

e. Two credits of science.

f. One credit of fine arts or vocational education.

g. Eight and one-half credits of additional courses prescribed by the local governing board subject to the approval of the State Board pursuant to A.R.S. § 15-341(A)(7).

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this rule.

b. Social Studies.

c. Mathematics.

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601.

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education; and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local governing boards may grant to vocational-technological education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics, or science credit requirements for graduation, subject to the following restrictions.

a. The Board has approved the vocational-technological education program for equivalent credit to be used toward the Board English, mathematics, or science credit requirements for graduation.

b. Only one credit in each of English, mathematics or science may be granted.

c. For vocational-technological programs in which only one credit is offered, either vocational or English, mathematics or science credit may be granted.

d. For vocational-technological programs in which two or more credits are offered, only one credit may be used for English, mathematics or science.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(f), the successful completion of the competency requirements for the elective subjects specified in subsection (1)(g). Competency requirements for elective subjects as specified in subsection (1)(g) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local governing board shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(g) above in lieu of classroom time.

6. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and A.A.C. R7-2-401 et seq. Students placed in special education classes, 9-12, are eligible to receive a high school diploma upon completion of graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Former Section R7-2-302 repealed, new Section R7-2-302 adopted effective December 4, 1978 (Supp. 78-6). Amended effective July 8, 1983 (Supp. 83-4). Amended subsections (1) and (5) effective January 1, 1987 (Supp. 84-3). See R7-2-302.01 and R7-2-302 for minimum credits for graduating classes of 1987 forward (Supp. 86-5). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. Amended effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section adopted by final rulemaking at 7 A.A.R. 1255, effective February 20, 2001 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 3893, effective August 21, 2002 (Supp. 02-3).

R7-2-302.01. Minimum Course of Study and Competency Requirements for Graduation from High School for the Graduation Class of 2012

The State Board of Education ('Board') prescribes the minimum course of study and competency requirements as outlined in subsections (1) through (5) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2012.

1. Subject area course requirements. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (e) based on completion of subject area course requirements or competency requirements. At the discretion of the local school district governing board or charter school, credits may be awarded for completion of elective subjects specified in subsection (1)(f) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board, local school district governing boards and charter schools as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. Three credits in social studies to include the following:

i. One credit of American history, including Arizona history;

ii. One credit of world history/geography;

iii. One-half credit of American government, including Arizona government; and

iv. One-half credit of economics.

c. Three credits of mathematics. The course content for at least two of the mathematics credits shall include Number Sense and Operations; Data Analysis, Probability and Discrete Mathematics; Patterns, Algebra and Functions; Geometry and Measurement; and Structure and Logic in preparation for proficiency at the high school level on the AIMS test and shall be taken consecutively beginning with the ninth grade unless a student meets these requirements prior to the ninth grade pursuant to this subsection. The third credit shall include significant mathematics content as determined by the local school district governing board or charter school. Courses successfully completed prior to the ninth grade that meet the high school mathematics credit requirements may be applied toward satisfying those requirements.

d. Two credits of science in preparation for proficiency at the high school level on the AIMS test.

e. One credit of fine arts or career and technical education and vocational education.

f. Seven credits of additional courses prescribed by the local school district governing board or charter school.

g. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 20 required credits.

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this Section,

b. Social Studies,

c. Mathematics, and

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601.

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education, and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local school district governing boards or charter schools may grant to career and technical education and vocational education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics, science, and economics credit requirements for graduation, subject to the following restrictions:

a. The Board has approved the career and technical education and vocational education program for equivalent credit to be used toward the Board English, mathematics, science and economics credit requirements for graduation.

b. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 20 required credits.

c. A student who satisfies any part of the Board English, mathematics, science, and economics requirements through the completion of a career and technical education and vocational education program shall still be required to earn 20 total credits to meet the graduation requirements prescribed in this Section.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(e) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(f). Competency requirements for elective subjects as specified in subsection (1)(f) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local school district governing board or charter school shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(f) of this Section in lieu of classroom time.

6. The local school district governing board or charter school shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and R7-2-401 et seq. Students placed in special education classes, grades nine-12, are eligible to receive a high school diploma upon completion of those graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Section R7-2-302 repeated and amended effective January 1, 1987, filed September 24, 1986 (Supp. 86-5). Amended as an emergency by adding a new subsection (B) effective May 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Filing date for January 1, 1987, amendments corrected to September 24, 1986 (Supp. 89-3). Emergency expired. Adopted as a permanent rule effective February 7, 1990 (Supp 90-1). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302. Minimum Course of Study and Competency Requirements for Graduation from High School Beginning with the Graduation Class of 2013

The State Board of Education ('Board') prescribes the minimum course of study and competency requirements as outlined in subsections (1) through (5) and receipt of a passing score on the reading, mathematics, and writing portions of the AIMS (Arizona's Instrument to Measure Standards) assessment for the graduation of pupils from high school or issuance of a high school diploma, effective for the graduation class of 2013.

1. Subject area course requirements. The Board establishes 22 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (e) based on completion of subject area course requirements or competency requirements. At the discretion of the local school district governing board or charter school, credits may be awarded for completion of elective subjects specified in subsection (1)(f) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board, local school district governing boards and charter schools as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

b. Three credits in social studies to include the following:

i. One credit of American history, including Arizona history;

ii. One credit of world history/geography;

iii. One-half credit of American government, including Arizona government; and

iv. One-half credit of economics.

c. Four credits of mathematics to minimally include the following:

i. Two credits containing course content covering the following areas in preparation for proficiency at the high school level on the AIMS test: Number Sense and Operations; Data Analysis, Probability and Discrete Mathematics; Patterns, Algebra and Functions; Geometry and Measurement; and Structure and Logic. These credits shall be taken consecutively beginning with the ninth grade unless a student meets these requirements prior to the ninth grade pursuant to subsection (1)(c)(iv).

ii. One credit covering Algebra II or course content equivalent to Algebra II. Courses meeting this requirement may include, but are not limited to, career and technical education and vocational education, economics, science, and arts courses as determined by the local school district governing board or charter school.

iii. One credit that includes significant mathematics content as determined by the local school district governing board or charter school.

iv. Courses successfully completed prior to the ninth grade that meet the high school mathematics credit requirements may be applied toward satisfying those requirements.

v. The mathematics requirements may be modified for students using a personal curriculum pursuant to R7-2-302.03.

d. Three credits of science in preparation for proficiency at the high school level on the AIMS test.

e. One credit of fine arts or career and technical education and vocational education.

f. Seven credits of additional courses prescribed by the local school district governing board or charter school.

g. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this Section,

b. Social Studies,

c. Mathematics, and

d. Science.

3. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

a. Distance education providers shall register with the Department of Education and satisfy the following requirements:

i. Be accredited or affiliated with an accredited institution as defined in R7-2-601, and

ii. Validate that the instructor of the distance education program:

(1) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(2) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(3) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

b. Distance education may be used as a part of the instructional program. School districts shall ensure that:

i. Only those distance education providers registered with the Department of Education are used to provide distance education, and

ii. The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

4. Local school district governing boards or charter schools may grant to career and technical education and vocational education program completers a maximum of 5 1/2 credits to be used toward the Board English, mathematics, science, and economics credit requirements for graduation, subject to the following restrictions:

a. The Board has approved the career and technical education and vocational education program for equivalent credit to be used toward the Board English, mathematics, science, and economics credit requirements for graduation.

b. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

c. A student who satisfies any part of the Board English, mathematics, science, and economics requirements through the completion of a career and technical education and vocational education program shall still be required to earn 22 total credits to meet the graduation requirements prescribed in this Section.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(e) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(f). Competency requirements for elective subjects as specified in subsection (1)(f) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local school district governing board or charter school shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local school district governing board or charter school shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(f) of this Section in lieu of classroom time.

6. The local school district governing board or charter school shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and R7-2-401 et seq. Students placed in special education classes, grades nine-12, are eligible to receive a high school diploma upon completion of those graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Adopted effective January 1, 1991, filed September 24, 1986 (Supp. 86-5). Amended effective May 9, 1988 (Supp. 88-2). Amended effective June 12, 1989 (Supp. 89-2). Amended effective March 26, 1990 (Supp.90-1). Repealed effective March 18, 1994 (Supp. 94-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302.03. Personal Curriculum

A. Definitions.

1. 'Personal Curriculum' means a documented process that may be used to modify the high school graduation requirements for mathematics delineated in R7-2-302(1)(c). A student may use a personal curriculum to modify the Algebra II requirement delineated in R7-2-302(1)(c)(ii) and reduce the credit requirements for mathematics from four to three credits. A student who successfully completes the student's personal curriculum meets the requirements for high school graduation.

2. 'Development Team' means a team that develops a personal curriculum for a student and consists of the student, the parent or legal guardian of the student, and a school counselor or principal or their designee. A school principal may add additional members to the development team as the principal deems appropriate.

B. A student is eligible for a personal curriculum if the student meets the following criteria:

1. The student has successfully completed the mathematics requirements delineated in R7-2-302(1)(c)(i); and

2. Despite the student's successful completion of the mathematics requirements delineated in R7-2-302(1)(c)(i), the development team determines that the student demonstrates a need to modify the requirement delineated in R7-2-302(1)(c)(ii) for Algebra II or its equivalent course content.

C. The requirements for a personal curriculum are as follows:

1. An eligible student may only modify the mathematics requirement delineated in R7-2-302(1)(c)(ii) for Algebra II or its equivalent course content;

2. In lieu of successfully completing Algebra II or its equivalent course content, an eligible student shall successfully complete at least one credit in mathematics that shall include significant mathematics content as determined by the local school district governing board or charter school; and

3. An eligible student shall successfully complete a course in mathematics in the student's senior year.

D. The procedures for developing and implementing a personal curriculum are as follows:

1. The parent or legal guardian of a student, an emancipated student, or a student with permission from the student's parent or legal guardian may request a personal curriculum in a manner prescribed by the local school district governing board or charter school.

2. Upon receipt of a request for a personal curriculum made pursuant to subsection (D)(1), the local school district or charter school shall verify that the student successfully completed the mathematics requirements delineated in R7-2-302(1)(c)(i) and, upon verification, shall convene a development team.

3. The development team shall:

a. Verify that the student demonstrates a need to modify the requirement delineated in R7-2-302(1)(c)(ii) for Algebra II or its equivalent course content,

b. Identify an appropriate alternative mathematics course or courses to modify the requirement for Algebra II or its equivalent course content,

c. Develop a written personal curriculum plan that includes the alternative mathematics course or courses identified in subsection (D)(3)(b) and a plan for monitoring student progress toward successfully completing the alternative mathematics course or courses. In developing the personal curriculum plan the development team shall consider how the proposed modifications maintain the integrity of the high school diploma and enable the student to achieve the student's post-secondary education and career goals.

4. The development team may modify the personal curriculum plan based upon the development team's evaluation of the student's progress.

E. The Superintendent of Public Instruction shall monitor a school district or charter school if there is reason to believe that the school district or charter school is allowing modifications inconsistent with the requirements delineated in this Section.

Historical Note

Adopted effective November 1, 1989 (Supp. 89-4). Amended effective December 12, 1990 (Supp. 90-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

R7-2-302.04. Minimum Course of Study and Competency Requirements for Graduation from High School

The Board prescribes the minimum course of study and competency requirements as outlined in subsections (1) and (2) for the graduation of pupils from high school. The Board establishes 20 credits as the minimum number of credits necessary for high school graduation effective for the graduation class of 1996. Students shall obtain credits for required subject areas as specified in subsection (1)(a)(i) through (vi) based on completion of subject area course requirements or competency requirements. At the discretion of the local governing board, credits may be awarded for completion of elective subjects specified in subsection (1)(a)(vii) based on completion of subject area course requirements or competency requirements.

1. Subject area course requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board and local governing board as follows:

i. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

ii. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

iii. One credit of world history/geography.

iv. Two credits of mathematics.

v. Two credits of science.

vi. One credit of fine arts or vocational education.

vii. Eight and 1/2 credits of additional courses prescribed by the local governing board subject to the approval of the State Board pursuant to A.R.S. § 15-341(A)(7).

b. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601. Credits earned thereby shall be limited to 4, and only one credit may be earned in each of the following subject areas:

i. English as described in subsection (1)(a)(i) of this rule.

ii. Social Studies.

iii. Mathematics.

iv. Science.

c. Delivery of distance education. In addition to traditional methods of course delivery, courses may also be offered through distance education. Distance education does not include correspondence courses. Distance education is defined as instructional-learning arrangements in which the distance education instructor and the student are separated geographically. Instruction is delivered by means of telecommunications technologies such as satellite, microwave, telephone, cable, fiber optics. The instruction supplements or comprises the entire course content and provides for two-way interactive communications between the instructor and the student during the time of the instruction. Communication or interaction occurs through the use of technologies such as voice, video or computer-mediated communications.

i. Distance education providers shall register with the Department of Education and satisfy the following requirements:

(1) Be accredited or affiliated with an accredited institution as defined in R7-2-601.

(2) Validate that the instructor of the distance education program:

(a) Possesses a current Arizona teaching certificate valid for the level and subject of the instruction to be taught; or

(b) Possesses a current teaching certificate from the recognized certifying authority of the sending location valid for the level and subject of the instruction to be taught; or

(c) Is employed by or affiliated with, in the content area of instruction, an accredited institution as defined in R7-2-601.

ii. Distance education may be used as a part of the instructional program. School districts shall ensure that:

(1) Only those distance education providers registered with the Department of Education are used to provide distance education; and

(2) The teaching partners who assist the students in receiving the instruction onsite have instructional and technical facilitator training and are supervised by an individual certified pursuant to R7-2-601 et seq.

d. Local governing boards may grant to vocational-technological education program completers a maximum of 3 1/2 credits to be used toward the Board English, mathematics or science credit requirements for graduation, subject to the following restrictions.

i. The Board has approved the vocational-technological education program for equivalent credit to be used toward the Board English, mathematics or science credit requirements for graduation.

ii. Only one credit in each of English, mathematics or science may be granted.

iii. For vocational-technological programs in which only one credit is offered, either vocational or English, mathematics or science credit may be granted.

iv. For vocational-technological programs in which two or more credits are offered, only one credit may be used for English, mathematics or science.

2. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of State Board-adopted essential skills requirements for subject areas listed in subsection (1)(a)(i) through (vi) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(a)(vii). Competency requirements for elective subjects as specified in subsection (1)(a)(vii) shall be the essential skills adopted by the State Board. If there are no adopted essential skills for an elective subject, the local governing board shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local governing board shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsection (1)(a)(i) through (vi) above in lieu of classroom time.

3. The local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and A.A.C. R7-2-401 et seq. Students placed in special education classes, 9-12, are eligible to receive a high school diploma upon completion of graduation requirements, but reference to special education placement may be placed on the student's transcript or permanent file.

Historical Note

Adopted effective July 10, 1992 (Supp. 92-3). Amended effective May 3, 1993 (Supp. 93-2). Amended effective December 17, 1998 (Supp. 98-4).

R7-2-302.05. Definitions

In this Article, unless the context otherwise requires:

1. 'AIMS' means any of the Arizona Instrument to Measure Standards assessments.

2. 'Score' means the scale score achieved by a student on the reading, writing or math sections of the AIMS assessment.

3. 'Remediation program' means any school district, charter school or state sanctioned tutoring program used by a student to improve AIMS assessment scores.

4. 'Grade' means a course grade that is placed on a student's transcript.

Historical Note

New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1).

R7-2-302.06. AIMS, Additional Credit

A. A pupil who fails to achieve a passing score on the AIMS assessment for high school graduation during the 2005-2006 or 2006-2007 school years may graduate if the pupil meets the alternative graduation requirements established pursuant to this Section.

B. A school district or charter school is not required to comply with this Section if it is determined that augmenting the pupil's score on any section of the AIMS assessment by 25 percent would not meet or exceed the 'Meets the Standard' threshold.

C. A pupil is eligible for the alternative graduation requirement established pursuant to this Section if all of the following apply:

1. The pupil has completed with a passing grade all coursework and credits prescribed for the graduation of pupils from high school by the governing board of the pupil's school district or charter school.

2. The pupil has taken the AIMS assessment each time the test was offered when the pupil was eligible to take the test after August 12, 2005.

3. The pupil has participated in any academic remediation program available in the pupil's school in those subject areas where the pupil failed to achieve a passing score on AIMS.

D. If a pupil is not eligible for the AIMS augmentation due to a failure to meet the requirements in subsections (C)(2) and/or (3) the student may appeal this decision to the local governing board. The governing board may delegate these appeals to other school district or charter school officials. All appeals held pursuant to this subsection shall comply with the following requirements:

1. The governing board shall adopt a form for a petition that a pupil, or a pupil's parent or legal guardian, must complete to initiate an appeal. The petition shall indicate what requirement is being appealed and the basis for the appeal. The petition shall also include a written explanation of the appeal procedures used by the school district or charter school.

2. The pupil, or the pupil's representative, shall have the burden of demonstrating what circumstances prevented compliance with the requirements in subsections (C)(2) and/or (3).

3. An appeal for failing to meet the requirement in subsection (C)(2) should be granted only upon presentation of credible evidence that extreme circumstances made the pupil ineligible for each AIMS assessment administration the student did not attend.

4. An appeal for failing to meet the requirement in subsection (C)(3) should be granted only upon presentation of credible evidence that the pupil has participated in at least one state or school sanctioned remediation program in those subject areas where the pupil failed to achieve a passing score on the AIMS assessment.

5. School district or charter school officials shall provide adequate notice to the pupil and the pupil's parents or legal guardians regarding the date, time and place of the appeal. A pupil, or a pupil's representative, may participate in the appeal either personally, by telephone, or by providing written documentation.

6. All other procedures regarding these appeals shall be determined by the local school district or charter school governing board.

E. Every school district or charter school that graduates pupils from high school shall determine whether the pupils that have failed to achieve a passing score on any section of the AIMS assessment meet the alternative graduation requirements established by this Section. In making this determination the school or school district shall adhere to the following requirements:

1. The school district or charter school shall augment the score of each section of the AIMS assessment where a pupil failed to achieve a passing score with additional points derived from classroom performance. These points shall represent a potential percentage augmentation from a pupil's original score. The number of additional points shall be calculated as follows:

a. Only classes that satisfy the following 11 1/2 credits shall be included in the calculation:

i. Four credits of English or English as a Second Language, which shall include but not be limited to the following: grammar, writing, and reading skills, advanced grammar, composition, American literature, advanced composition, research methods and skills and literature. One-half credit of the English requirement shall include the principles of speech and debate but not be limited to those principles.

ii. One and one-half credits in instruction in the essentials, sources and history of the constitutions of the United States and Arizona and instruction in American institutions and ideals and in the history of Arizona.

iii. One credit of world history/geography.

iv. Two credits of mathematics. Mathematics credits shall be taken consecutively beginning with the 9th grade, and the course content of the mathematics credits shall include Number Sense; Data Analysis and Probability; Patterns, Algebra and Functions; Geometry; Measurement and Discrete Mathematics; and Mathematical Structure/Logic, in preparation for proficiency, at the high school level, on the AIMS test.

v. Two credits of science.

vi. One credit of fine arts or vocational education.

b. Each eligible grade in an advanced placement class, or a school district or charter school designated 'honors' class, up to the 11 1/2 credits prescribed in this Section, shall receive additional points as follows:

i. A letter grade of 'A,' or its equivalent, shall receive additional points equal to 25 times the amount of credit for that class.

ii. A letter grade of 'B,' or its equivalent, shall receive additional points equal to 20 times the amount of credit for that class.

iii. A letter grade of 'C,' or its equivalent, shall receive additional points towards the average augmentation equal to 15 times the amount of credit for that class.

iv. A letter grade of 'D' or 'F,' or its equivalent, shall receive zero points towards the average.

c. All other eligible grades, up to the 11 1/2 credits prescribed in this Section, shall receive additional points as follows:

i. A letter grade of 'A,' or its equivalent, shall receive additional points towards the average augmentation equal to 20 times the amount of credit for that class.

ii. A letter grade of 'B,' or its equivalent, shall receive additional points towards the average augmentation equal to 15 times the amount of credit for that class.

iii. A letter grade of 'C,' or its equivalent, shall receive additional points towards the average augmentation equal to 12 times the amount of credit for that class.

iv. Letter grades of 'D' or 'F,' or their equivalent, shall receive zero points towards the average.

d. Pupils that have earned additional credits in any of the areas prescribed in this Section may apply the grade that would award the highest augmentation.

e. After determining a pupil's additional points the school district or charter school shall calculate the average number of points awarded per credit by dividing the sum of additional points earned by 11.5.

f. The pupil's augmentation shall be calculated by applying the following formula:

Avg. Additional Points

per Credit

__________________

X (Pupil's Original Score) = Augmentation
100 points

2. The augmentation points shall be added to the pupil's highest achieved score on each section of the AIMS assessment where the student failed to achieve a passing score. If a pupil's augmented score exceeds the passing score for the applicable section of the AIMS assessment, the pupil shall be considered to have passed that section of the assessment for graduation purposes.

3. The school district or charter school shall augment the highest achieved score of each section of the AIMS assessment where a pupil failed to achieve a passing score separately and concurrently.

F. A pupil's augmented score shall be used only for the purpose of determining whether the pupil meets the competency test requirement for graduation from high school.

G. All school districts and charter schools shall report to the Arizona Department of Education the number of students in their schools that met the alternative graduation requirement prescribed in this Section. School districts and charter schools shall also report disaggregated data showing the number of students whose augmented scores met or exceeded the passing scores for the reading, writing and math sections of the AIMS assessment respectively. These reports shall be made annually and shall be received by the Arizona Department of Education by June 30.

Historical Note

New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1).

R7-2-303. Sex education

A. Instruction in sex education in the public schools of Arizona shall be offered only in conformity with the following requirements.

1. Common schools: Nature of instruction; approval; format.

a. Supplemental/elective nature of instruction. The common schools of Arizona may provide a specific elective lesson or lessons concerning sex education as a supplement to the health course of study.

i. This supplement may only be taken by the student at the written request of the student's parent or guardian.

ii. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do not enroll in elective sex education.

iii. Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/8 of the school year for grades K-4.

iv. Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/4 of the school year for grades 5-8.

b. Local governing board approval. All elective sex education lessons to be offered shall first be approved by the local governing board.

i. Each local governing board contemplating the offering of elective sex education shall establish an advisory committee with membership representative of district size and the racial and ethnic composition of the community to assist in the development of lessons and advise the local governing board on an ongoing basis.

ii. The local governing board shall review the total instructional materials for lessons presented for approval.

iii. The local governing board shall publicize and hold at least two public hearings for the purpose of receiving public input at least one week prior to the local governing board meeting at which the elective sex education lessons will be considered for approval.

iv. The local governing board shall maintain for viewing by the public the total instructional materials to be used in approved elective sex education lessons within the district.

c. Format of instruction.

i. Lessons shall be taught to boys and girls separately.

ii. Lessons shall be ungraded, require no homework, and any evaluation administered for the purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.

iii. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or his parents' personal beliefs or practices in sex, family life, morality, values or religion.

2. High schools: Course offering; approval; format.

a. A course in sex education may be provided in the high schools of Arizona.

b. The local governing board shall review the total instructional materials and approve all lessons in the course of study to be offered in sex education.

c. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or his parents' personal beliefs or practices in sex, family life, morality, values or religion.

d. Local governing boards shall maintain for viewing by the public the total instructional materials to be used in all sex education courses to be offered in high schools within the district.

3. Content of instruction: Common schools and high schools.

a. All sex education materials and instruction shall be age appropriate, recognize the needs of exceptional students, meet the needs of the district, recognize local community standards and sensitivities, shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the following:

i. Emphasis upon the power of individuals to control their own personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control and ethical considerations such as respect for self and others; and

ii. Instruction on how to say 'no' to unwanted sexual advances and to resist negative peer pressure. Pupils shall be taught that it is wrong to take advantage of, or to exploit, another person.

b. All sex education materials and instruction which discuss sexual intercourse shall:

i. Stress that pupils should abstain from sexual intercourse until they are mature adults;

ii. Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is 100% effective;

iii. Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread public health problem;

iv. Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy;

v. Promote honor and respect for monogamous heterosexual marriage; and

vi. Advise pupils of Arizona law pertaining to the financial responsibilities of parenting, and legal liabilities related to sexual intercourse with a minor.

B. Certification of compliance. All districts offering a local governing board-approved sex education course or lesson shall certify, under the notarized signature of both the president of the local governing board and the chief administrator of the school district, compliance with this rule except as specified in subsection (C). Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.

C. All districts offering State Board approved sex education lessons or courses prior to the effective date of this rule shall comply with this rule on or before June 30, 1990.

Historical Note

Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective June 12, 1989 (Supp. 89-2).

R7-2-304. Extended school year

The governing board of a common high school considering the adoption of an extended school year shall:

1. Prepare a comparative cost analysis of the extended school year program versus the cost of new facilities and sites.

2. Hold at least one public hearing, publicized a week in advance, to present the alternatives, including the results of the comparative cost analysis.

3. Determine faculty, community, and parental support prior to making a final determination.

Historical Note

Former Section R7-2-304 repealed, new Section R7-2-304 adopted effective December 4, 1978 (Supp. 78-6).

R7-2-305. Declaration of Independence

The governing board of each common school district shall adopt policies that:

1. Require pupils to recite the following passage from the Declaration of Independence for pupils in grades 4 through 6 at the commencement of the first class of the day in the schools: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.'; and

2. Enable the pupil or the parent or legal guardian of the pupil to object to reciting the passage of the Declaration of Independence, and that specify that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). Adopted effective February 15, 1979 (Supp. 79-1). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 7 A.A.R. 5363, effective November 7, 2001 (Supp. 01-4).

R7-2-306. English Language Learner Programs

A. Definitions. All terms defined in A.R.S. § 15-751 are applicable, with the following additions:

1. 'AIMS test' means the Arizona Instrument to Measure Standards test prescribed by A.R.S. § 15-741.

2. 'Arizona Academic Standards' means the standards adopted by the State Board of Education pursuant to A.R.S. §§ 15-203, 15-701, and 15-701.01.

3. 'Board' means the State Board of Education.

4. 'Compensatory instruction' means instruction given in addition to regular classroom instruction, such as individual or small group instruction, extended day classes, summer school or intersession school.

5. 'Department' means the Department of Education.

6. 'ELL' means English language learner.

7. 'FEP' means fluent English language proficient, a student who has met the requirements for exit from an English language learner program.

8. 'Federal ELL grant monies' means federal grants or funds awarded to an LEA to educate ELLs or to improve the LEA's capacity to educate ELLs, including but not limited to grants awarded under Title III of the No Child Left Behind Act of 2001, 20 U.S.C. 6301, et seq.

9. 'IEP' means individualized education program, a written statement specifying special education services to be provided to a child with a disability.

10. 'LEA' means local education agency, the school district or charter school that provides educational services.

11. 'PHLOTE' means primary or home language other than English.

12. 'Reassessment for reclassification' means the process of determining whether an English language learner may be reclassified as fluent English proficient (FEP).

13. 'Superintendent' means the State Superintendent of Public Instruction.

14. 'WICP' means written individualized compensatory plan that documents the scope and type of services provided to an ELL to overcome the identified language and academic deficiencies.

B. Identification of students to be assessed.

1. The primary or home language of all students shall be identified by the students' parent or legal guardian on the enrollment form and on the home language survey. These documents shall inform parents that the responses to these questions will determine whether their student will be assessed for English language proficiency.

2. A student shall be considered as a PHLOTE student if the home language survey or enrollment form indicates that one or more of the following are true:

a. The primary language used in the home is a language other than English, regardless of the language spoken by the student.

b. The language most often spoken by the student is a language other than English.

c. The student's first acquired language is a language other than English.

3. The English language proficiency of all PHLOTE students shall be assessed as provided in subsection (C).

C. English language proficiency assessment.

1. PHLOTE students in kindergarten and first grade shall be administered an oral English language proficiency test approved by the Board. Students who score below the publisher's designated score for fluent English language proficiency, or other such score based on the publisher's designated score that is adopted by the Board, shall be classified as ELLs.

2. PHLOTE students in grades 2-12 shall be administered the oral, reading and writing English language proficiency tests approved by the Board. Students who score below the publisher's designated score for fluent English proficiency, or such other score based on the publisher's designated score, that is adopted by the Board, shall be classified as ELLs. PHLOTE students in grades 2-12 who have scored at or above the 40th percentile on the English reading comprehension subtest of the nationally standardized norm-referenced achievement test adopted pursuant to A.R.S. § 15-741 or who have met or exceeded the standards on the reading and writing portions of the AIMS test are exempt from taking the oral, reading, and writing English language proficiency tests and shall not be classified as ELLs.

3. English language proficiency assessments shall be conducted by individuals who are proficient in English and trained in language proficiency testing to administer and score the tests.

4. The LEA shall assess the English language proficiency of all new PHLOTE students as prescribed above within 60 days of the beginning of the school year or within 30 school days of a student's enrollment in school, whichever is later, unless the LEA receives funds under Title III of the No Child Left Behind Act of 2001, 20 U.S.C. 6301 et seq. or another federal grant that requires earlier assessment and parental notification.

D. Assessment of students in special education or in the special education referral process. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsections (B) and (C) inappropriate for a particular special education student, the LEA shall employ alternate procedures for identifying such students or assessing their English language proficiency. Persons conducting the English language assessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

E. Screening and assessment of students in gifted education. ELLs who meet the qualifications for placement in a gifted educational program shall receive programmatic services designed to develop their specific areas of potential and academic ability and may be concurrently enrolled in gifted pro grams and English language learner programs.

F. English language learner programs.

1. All ELLs shall be provided daily instruction in English language development appropriate to their level of English language proficiency and consistent with A.R.S. §§ 15-751, 15-752, and, as applicable, 15-753. The English language instruction shall include listening and speaking skills, reading and writing skills, and cognitive and academic development in English.

2. ELLs shall be provided daily instruction in subject areas required under the minimum course of study adopted by the Board pursuant to R7-2-301 and R7-2-302 that is understandable and appropriate to the level of academic achievement of the ELL and is in conformity with accepted strategies for teaching ELLs. This subsection does not require an LEA to provide daily instruction in every subject area required pursuant to R7-2-301 and R7-2-302 if those subject areas are not provided daily to English proficient students.

3. The curriculum of all English language learner programs shall incorporate the Academic Standards adopted by the Board and shall be comparable in amount, scope and quality to that provided to English language proficient students.

4. ELLs who are not progressing toward achieving proficiency of the Arizona Academic Standards adopted by the Board, as evidenced by the failure to improve scores on the AIMS test or the nationally standardized norm-referenced achievement test adopted pursuant to A.R.S. § 15-741, shall be provided compensatory instruction to assist them in achieving those Arizona Academic Standards. A WICP describing the compensatory instruction provided shall be kept in the student's academic file.

5. On request of a parent or legal guardian of an ELL the principal of the ELL's school shall require a meeting with the principal or principal's designee, the parent or legal guardian and the classroom teacher to review the student's progress in achieving proficiency in the English language or in making progress toward the Arizona Academic Standards adopted by the Board, to identify any problems, to determine appropriate solutions and to identify the person or persons responsible for implementing the changes and determining their effectiveness.

G. Reassessment for reclassification.

1. The purpose of reassessment is to determine if an ELL has developed the English language skills necessary to succeed in the English language curricula.

2. An ELL may be reassessed for reclassification at any time, but shall be reassessed for reclassification at least once per year.

3. ELLs in kindergarten or first grade shall be reassessed with an alternate version of the oral test of English language proficiency used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case, the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board based on the publisher's designated score, may be reclassified as FEP. LEAs may also consider other indications of a student's overall progress, including teacher evaluation, and subject matter assessments that are aligned with grade level state content and performance standards in deciding whether to reclassify a student who has passed the oral proficiency test.

4. ELLs in grades 2-12 shall be reassessed with an alternate version of the oral, reading and writing English language proficiency tests used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board, in all of the tests shall be reclassified as FEP.

5. LEAs shall notify the parents or legal guardians in writing that their child has been reclassified as FEP when the student meets the criteria for such reclassification.

H. Reassessment of special education students for English language reclassification. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsection (G) inappropriate for a particular special education student, the LEA shall employ alternate procedures for reassessing the student for purposes of English language reclassification. Persons conducting the English language reassessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

I. Evaluation of FEP students after exit from ELL programs.

1. The LEA shall monitor exited students based on the criteria provided in this Section during each of the two years after being reclassified as FEP to determine whether these students are performing satisfactorily in achieving the Arizona Academic Standards adopted by the Board. Such students will be monitored in reading, writing and mathematics skills and mastery of academic content areas, including science and social studies. The criteria shall be grade-appropriate and uniform throughout the LEA, and upon request, is subject to Board review. Students who are not making satisfactory progress shall, with parent consent, be provided compensatory instruction or shall be re-enrolled in an ELL program. A WICP describing the compensatory instruction provided shall be maintained in the students' ELL files.

2. The LEA shall use AIMS test scores to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an ELL program unless no score is available. Performing satisfactorily will be measured by whether a student meets or exceeds the state standards in reading, writing, and mathematics as measured by AIMS.

3. If an AIMS test score is not available because the test is not administered in the students' grade or to assess progress in academic subjects not assessed by AIMS, the LEA shall use one or more of the following criteria in its evaluation to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an ELL program:

a. LEA-developed criterion-referenced tests of academic achievement that demonstrate alignment to the Arizona Academic Standards; or

b. Standardized tests measuring academic achievement that demonstrate alignment to the Arizona Academic Standards; or

c. Nationally norm-referenced test scores; or

d. Teacher recommendations based on classroom assessments that demonstrate alignment to the Arizona Academic Standards.

J. Monitoring of ELL programs.

1. Each year the Department shall monitor at least 32 LEAs, as follows:

a. At least 12 of the 50 LEAs with the highest ELL enrollment;

b. At least 10 LEAs with ELLs that are not included in the 50 described above;

c. At least 10 LEAs that have reported that they have 25 or fewer ELL students in their schools; and

d. Other LEAs upon receipt of a documented written complaint from any Arizona resident, the U.S. Department of Education, or the U.S. Office for Civil Rights, alleging that the LEA is not complying with state or federal law regarding ELLs.

2. All of the 50 LEAs in subsection (J)(1)(a) shall be monitored by the Department at least once every four years.

3. The monitoring shall be on-site monitoring and shall include classroom observations, curriculum reviews, faculty interviews, student records reviews, and review of ELL programs. The Department may use personnel from other schools to assist in the monitoring.

4. The Department shall issue a report on the results of its monitoring within 45 days after completing the monitoring. If the Department determines that an LEA is not complying with state or federal laws applicable to ELL students, the LEA shall prepare and submit to the Department, within 60 days of the Department's determination, a corrective action plan that sets forth steps that the LEA will take to correct the deficiencies noted in the report.

5. The Department shall review and return such corrective action plan to the LEA within 30 days, noting any required changes. No later than 30 days after receiving its corrective action plan back from the Department, the LEA shall begin implementing the measures set forth in the plan, including any revisions required by the Department.

6. The Department shall conduct a follow-up evaluation of the LEA within one year after returning the corrective action plan to the LEA.

7. If the Department finds continued non-compliance during the follow-up evaluation, the LEA shall be referred to the Board for a determination of non-compliance. If the Board determines the LEA to be out of compliance with state or federal laws applicable to ELL students, it may take one or more of the following actions:

a. Temporarily withhold cash payments of federal ELL grant monies;

b. Disallow (that is deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

c. Wholly or partly suspend or terminate the current award of federal ELL grant monies;

d. Withhold further awards of federal ELL grant monies for the program.

8. The Department shall monitor all LEAs that the Board has determined to be non-compliant and which have had federal ELL grant monies withheld or terminated to ensure that such LEAs do not reduce the amount of funds spent on their ELL programs as the result of its loss of funds.

Historical Note

Repealed effective December 4, 1978 (Supp. 78-6). New Section R7-2-306 adopted effective July 10, 1979 (Supp. 79-4). Amended effective August 20, 1981 (Supp. 81-4). Former Section R7-2-306 repealed, new Section R7-2-306 adopted effective November 14, 1984 (Supp. 84-6). Amended by final rulemaking at 10 A.A.R. 353, effective March 8, 2004 (Supp. 04-1).

R7-2-307. High School Equivalency Diplomas

A. For the purposes of this rule, the following definitions shall apply:

1. 'DANTES' means the Defense Activity for Non-Traditional Education Support.

2. 'Department' means the GED Division of the Arizona Department of Education.

3. 'GED Test' means the general educational development test approved by the GEDTS and administered at a GED Testing Center.

4. 'GED Testing Center' means a testing center established by the Department for the purpose of administering GED tests and providing GED testing services pursuant to the requirements established by GEDTS.

5. 'GEDTS' means the GED Testing Service, Washington, D.C.

6. 'USAFI' means the United States Armed Forces Institute.

B. Eligibility requirements. Any individual who is 16 years of age or older and who has officially been withdrawn from school for six consecutive months preceding testing may take a GED Test.

1. Individuals shall be required to provide the GED Testing Center with positive identification and proof of age; and

2. Individuals who are at least 16 years of age and under 18 years of age shall also be required to provide:

a. A signed statement of consent from a parent or legal guardian; and

b. A letter from the last school attended verifying that the individual has officially withdrawn from the school and that the individual has been withdrawn for a minimum of six consecutive months preceding the testing date.

C. Issuance of a diploma. The Department shall issue a high school equivalency diploma to any individual who has not received a high school diploma or high school equivalency certificate or diploma if the individual:

1. Meets the eligibility requirements specified in subsection (B) and has received passing scores on the GED Test; or

2. Is a member of the U.S. Armed Forces and has received passing scores on the GED Test through USAFI or DANTES provided that the individual's last high school enrollment was in an Arizona high school. Individuals who have taken the GED Test through USAFI or DANTES shall send their military permanent record and application card to DANTES with a request that the official GED Test scores and application card be forwarded to the Department; or

3. Has received passing scores on the GED Test taken at GEDTS, provided that the Department receives an official transcript directly from GEDTS.

D. The Department shall keep a record of test scores for each individual who has taken the GED Test. Incomplete scores and failing scores will be destroyed after one year from date of initial testing.

Historical Note

Adopted effective August 20, 1981 (Supp. 81-4). Amended subsections (A), (C), and (G) effective October 2, 1984 (Supp. 84-5). Amended effective December 22, 1997 (Supp. 97-4). Amended effective December 31, 1998 (Supp. 98-4).

R7-2-308. Adult Education

A. Definitions

1. English as a second language means teaching English to foreigners and to U.S. citizens who speak only a language other than English.

2. Project means the approved and funded application which is administered by the eligible applicant.

3. Eligible applicants are local educational agencies and public or private nonprofit agencies, organizations and institutions.

4. Authorized agent means an individual who has completed and filed a General Statement of Assurances with the Board.

B. Application for funding

1. Only eligible applicants may apply for funding.

2. The application shall be fully completed including:

a. The cover sheet

b. The narrative page(s)

c. The continuation sheet

d. The budget page

e. The budget backup page(s)

3. The application shall be signed by an authorized agent.

C. Board priorities and criteria for application approval

1. Priority shall be given to projects funded during the previous fiscal year which:

a. Provided at least 125 instructional hours and had an enrollment of at least 20 students per class.

b. Adhered to all applicable state and federal rules and regulations.

c. Completed and submitted all required state and federal reports.

d. Operated in an efficient and prudent manner and utilized volunteers where possible.

e. Demonstrated a high level of student retention and overall success as compared with the state average for these projects. Levels of success may be measured by student satisfaction and by the teacher's evaluation.

2. Equal opportunity for project application approval will be given to eligible applicants who demonstrate previous experience and performance in another program.

3. Criteria for approval shall include a determination by the project review committee that the application meets state and federal rules and regulations and the policies and procedures contained in the Arizona State Plan for Adult Education Programs.

D. Use of funds and student reporting

1. Federal and state funds shall not be co-mingled.

2. Projects shall not assess students a tuition charge for instruction or fees for books, instructional supplies, or materials used in the program.

3. Student attendance hours reported to the Adult Education Division shall not be used in securing financing from any other source. Classes taught by volunteers are not to be reported unless they are administered and supervised by the local project.

E. Course of study

1. Adult Basic Education (A.B.E.) and English as a Second Language (E.S.L.), students must be 16 years of age or over and in need of help in speaking, reading, or writing English and shall be functioning below the 8th grade level.

2. The course of study for A.B.E. and E.S.L. shall be a sequential program of instruction designed to:

a. Develop and improve communication and computational skills of students.

b. Raise the general educational level of students.

c. Improve the student's ability to benefit from occupational training.

d. Increase opportunities for more productive and profitable employment.

e. Assist students to be better able to meet their adult responsibilities as parents, citizens and as workers.

3. General Educational Development (G.E.D.) students shall be 18 years of age or over and shall not have completed secondary school or be otherwise entitled to be enrolled in public school.

4. The course of study shall:

a. Give the students a foundation in the areas of English, social studies, literature, science and math.

b. Enable students, through the development of critical thinking, to utilize new learning experiences in recognizing, evaluating and solving problems of daily life.

c. Attempt to motivate students to continue their education through more advanced study and to become more proficient in observing and adopting new skills in a changing society.

d. Equip students with the knowledge prerequisite for satisfactory achievement of the General Educational Development test.

5. Citizenship students shall be resident aliens 18 years of age or over.

6. The course of study shall:

a. Develop an increasing ability to speak, understand, read, and write English.

b. Encourage the student to become a participating citizen and give insight into the values of such participation.

c. Help the student prepare for the citizenship examination by developing a background in American history and government.

d. Create a desire for continued learning and self-realization.

F. Instructional personnel. An adult education certificate issued by the Board shall be required for a teacher to be eligible to teach in the Adult Education Program.

G. Reports

1. Each project shall maintain bookkeeping records and must be able to substantiate expenditures.

2. A financial report shall be filed quarterly for each project with the Adult Education Division within 30 days after the close of the quarter.

3. Projects shall be completed by June 30. A fiscal completion report which has been reconciled with the County School Superintendent's Office, or if another agency, that agency's comparable administrative office, shall be filed with the Adult Education Division within 60 days after the project ending date.

4. A project reporting system designed to collect student and staff attendance and demographic information is required. These reports shall be filed with the Adult Education Division no later than the fifth day of the month for the previous month, and shall have been reviewed by the local project director for accuracy, completeness of information, minimum enrollment, attendance and student eligibility.

5. An annual written report on the year's activities, including internal written monitoring reports, shall be submitted to the Adult Education Division, no later than August 31.

H. Amendments. If changes in the approved program or budget are desired, an amendment shall be submitted to the Adult Education Division for review and approval prior to expending any funds for the proposed changes.

Historical Note

Adopted effective December 14, 1984 (Supp. 84-6).

R7-2-309. Completion of grade 10

Completion of grade 10 is accomplished when a student has earned 10 credits which shall include:

1. Two credits of English.

2. One credit of mathematics.

3. One credit of science.

4. Six credits of additional courses prescribed by the local Governing Board.

Historical Note

Adopted effective March 13, 1986 (Supp. 86-2).

R7-2-310. Pupil achievement testing

A. The nationally standardized norm-referenced achievement tests adopted by the State Board shall be given annually during a week in September or October. By June 1 of each year the Board shall designate the week during the fall for testing for the next school year and all school districts shall administer the test during the week designated.

B. The superintendent or head of district shall be responsible for:

1. Providing school district enrollment data to the Department of Education annually for purposes of test material distribution.

2. Verifying the count of test materials received and distributing the test materials to each public school in the district.

3. Securing the test materials prior to distribution to pupils or persons administering the tests at the time of testing, as well as after the time of testing. Test materials shall be kept in locked storage.

4. Advising all district employees that the test materials are not to be reproduced in any manner.

5. Familiarizing each person who will administer the test with the test publishers' directions for administering the tests, the timing of the tests and the testing schedule. This is to be accomplished through meetings which shall not be held prior to one week before the first day of testing. At the conclusion of each such meeting, all test materials are to be collected and returned to locked storage.

6. Distributing actual test materials to persons administering the tests on the day of testing.

7. Training persons administering the tests on how to properly complete the identification information on the test booklet/answer sheet and how to code the information required on the variables being collected pursuant to A.R.S. § 15-741, et seq.

8. Properly packaging all tests/answer sheets which are to be scored by the scoring contractor. Packaging shall comply with instructions furnished by the scoring contractor or Department of Education.

9. Forwarding all tests/answer sheets to be scored to the scoring contractor per instructions. Tests/answer sheets for the entire district should be forwarded in one shipment.

10. Retaining all unused and reusable test materials, reporting them in the school's inventory and storing them in a safe and secure manner.

11. Immediately reporting to the Department of Education any losses of test materials or other irregularities.

12. The superintendent or head of district may designate a testing coordinator to act on his behalf.

C. Persons designated by the superintendent or head of district to administer the test shall:

1. Keep all test materials in locked storage.

2. Not reproduce any test materials in any manner.

3. Not disclose any actual test items to pupils prior to testing.

4. Not provide answers of any test items to any pupils.

5. Administer only practice tests which are provided by the test publishers. Previous editions of the test series being used in the statewide testing program may not be used as practice tests.

6. Strictly observe all timed subtests. The test publishers' suggested time limits for untimed subtests shall be followed as closely as possible in order to maintain uniformity in test administration.

7. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in the directions.

8. Not change a pupil's answer.

9. Return all test materials to the superintendent or head of district immediately upon completion of testing.

D. All violations of this rule shall be referred by the superintendent or head of district to the State Superintendent of Public Instruction, for appropriate action.

E. For purposes of determining if a student may be exempt from the norm-referenced achievement testing requirement pursuant to A.R.S. § 15-744(B), the local governing board shall:

1. Verify that all students to be exempted have been assessed for language proficiency as required by R7-2-306 in the areas of listening, speaking, reading and writing in English and the primary language and have been determined to be limited English proficient.

2. Verify that all limited-English-proficient students considered for exemption are enrolled in one of the following programs as required by A.R.S. § 15-754:

a. K-6 Transitional Bilingual Program;

b. 7-12 Structured Bilingual Program;

c. K-12 Bilingual Bicultural Program;

d. English as a Second Language Program; or

e. Individualized Education Program (this program is only acceptable if there are fewer than 10 limited-English-proficient students in a kindergarten program or a grade in a school).

3. Submit to the Arizona Department of Education, no later than September 30 of each year, a governing board resolution for the exemption of eligible students. This resolution shall contain the number, grade level, year of exemption status and primary language of all students to be exempted and an assurance signed by the governing board president and notarized that the requirements of subsections (E)(1) and (E)(2) have been met.

4. Submit to the Arizona Department of Education, no later than December 1 of each year, a final report describing the total number of actual students to be exempted.

F. Limited English students exempted from the norm-referenced achievement testing program shall be assessed annually with an alternative to the norm-referenced achievement test. If the exempted student is in grades 3, 8, or 12, the student shall be administered the assessments prescribed in subsection (F)(2)(c). Alternatives shall be as follows:

1. In the first year a limited-English-proficient student is enrolled within the district, the district may:

a. Administer the language proficiency testing conducted pursuant to R7-2-306; or

b. Administer the assessments prescribed in subsection (F)(2)(a) or (b) as the alternative assessment in the areas of reading and writing. In the area of mathematics, districts shall administer the district measurement that has been adopted to assess the essential skills in English or in the primary language to such students.

2. In the years following the first year of enrollment in the district, the alternative assessment shall be:

a. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in reading, writing and mathematics in English; or

b. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in the student's primary language in reading, writing and mathematics. In determining which primary language assessment to administer, the governing board shall consider the extent to which the exempted student has received recent schooling in the primary language;

c. Beginning in the 1991-92 school year, the Arizona Student Assessment Program Essential Skills Tests in English or Spanish shall be administered to exempted students who are enrolled in grades 3, 8, or 12.

3. Alternative assessment instruments specified in subsection (F)(2)(a) or (b) shall be used at the instructional levels for which they were designed.

4. Alternative assessment administered as specified in subsection (F)(2)(a) or (b) shall be conducted at any time prior to April 30 of the school year.

5. The results of alternative assessments administered pursuant to subsections (F)(2)(a) and (b) of this subsection shall be submitted to the Department of Education prior to May 30 of the school year.

G. The school district shall maintain cumulative files regarding exemptions.

H. Beginning in the 1991-1992 school year, the District Assessment Plan filed pursuant to A.R.S. § 15-741(C)(3) shall include plans for the alternative assessment of limited-English- proficient students.

Historical Note

Adopted effective March 13, 1986 (Supp. 86-2). Amended subsections (A) and (B) effective February 25, 1987 (Supp. 87-1). Amended effective October 22, 1991; amended effective December 20, 1991 (Supp. 91-4).

R7-2-311. Pupil testing variable information

Persons designated by the superintendent or head of district to administer the State Board approved nationally standardized norm-referenced achievement tests shall assure that the following information is properly completed on the answer document for each pupil participating in the testing program:

1. Sex

2. Primary language

3. Racial/ethnic background.

4. Limited English proficient pupils participating in required programs by type pursuant to A.R.S. § 15-754, where applicable.

Historical Note

Adopted effective June 25, 1986 (Supp. 86-3).

R7-2-312. Honorary High School Diploma

A. An honorary high school diploma shall be provided to an individual who has never obtained a high school diploma and who meets each of the following requirements:

1. Is at least 65 years of age;

2. Currently resides in Arizona;

3. Provides documented evidence from the Arizona Department of Veterans' Services that the individual enlisted in the armed forces of the United States before completing high school in a public or private school; and

4. Was honorably discharged from service with the armed forces of the United States.

B. All high schools shall provide for the presentation of an honorary high school diploma to an individual eligible pursuant to subsection (A). The individual shall not be required to reside within the school boundaries.

Historical Note

Adopted effective December 15, 1989 (Supp. 89-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 9 A.A.R. 1125, effective May 10, 2003 (Supp. 03-1).

R7-2-313. Academic contests fund

The State Board of Education establishes an academic contests fund consisting of monies appropriated by the legislature or received as gifts or grants for deposit in the academic contests fund pursuant to A.R.S. § 15-1241.

1. The Superintendent of Public Instruction shall, at least annually, compile a list of national contests to be presented to the State Board of Education for approval. Contest requirements are:

a. Shall be sponsored by a recognized national organization.

b. Shall be academic in nature, motivate pupils to be creative and demonstrate excellence.

c. Shall be open to all pupils, regardless of race, creed, sex or national origin. Contests may separate pupils by age or grade level.

2. School districts shall submit an application for academic contest funds to the Superintendent of Public Instruction for student and chaperone expenses. Requirements are:

a. No other sponsoring agency is assuming the total costs.

b. The participation of the students shall be the result of successfully competing at the local or state level, or both, of that contest.

c. The governing board of the school district in which the students attend shall approve the participation and travel of the students.

d. The fiscal agent applying for academic contest funds shall be an authorized district representative and responsible for the disbursement of travel funds.

e. A school district receiving academic contest funds shall submit a completion report and return any unused portion within 90 days after completion of travel to the Department of Education.

3. Application review and approval; funding limitations.

a. The State Board of Education shall annually set expenditure limitations for expenses of students and chaperones. These limitations shall be based on the number of applicants, monies available and current state travel regulations.

b. The Superintendent of Public Instruction shall review applications for academic contest funds and shall approve applications based upon the criteria set forth in this rule and the availability of funds.

Historical Note

Adopted effective December 15, 1989 (Supp. 89-4).

R7-2-314. Repealed

Historical Note

Adopted effective August 14, 1991 (Supp. 91-4). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-315. Repealed

Historical Note

Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1).

Appendix A. Repealed

Historical Note

Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1).

R7-2-316. Charter Schools Stimulus Fund

A. 'Start-up costs' mean those costs associated with developing or implementing the following essential components of a charter school:

1. The hiring of teachers and other essential staff members;

2. The hiring of a chief administrative officer and other costs associated with instituting the administrative structure of the school;

3. Curriculum development and implementation;

4. The leasing of physical facilities or equipment and costs associated with establishment of utility services and accounts;

5. Operational expenses incurred prior to the date on which the charter school begins operations;

6. The development and implementation of an accounting system which complies with the uniform system of financial records requirements;

7. Obtaining insurance, including prepayment of premiums which will effectuate insurance coverage during the first year of operation;

8. Costs associated with licensing and compliance with other health, safety and civil rights requirements.

B. 'Costs associated with renovating or remodeling existing buildings and structures' means those costs associated with the following essential components:

1. Modifications affecting the structural integrity of the building, including those changes needed to meet building code and zoning standards.

2. Modifications needed to meet non-structural building code requirements, such as those related to plumbing, electrical wiring and fire safety.

3. Modifications needed to meet state health standards, such as those related to rest rooms and food preparation and service.

4. Adjusting the size of rooms to accommodate the number of students to be served.

5. Construction-related finish work, such as exterior and interior replastering and painting, carpeting, flooring, baseboards and door hanging.

6. Roofing and air conditioning/heating installation or repair required prior to operation of the school.

7. Access requirements for persons with disabilities.

C. The State Board of Education shall, subject to legislative appropriation, provide an initial grant or an additional grant from the charter schools stimulus fund to applicants who have a charter or application that has been approved by a sponsor pursuant to A.R.S. § 15-183 and who meet the requirements of A.R.S. § 15-188 and this Section. The grant may be in any amount up to $100,000 per charter school applicant or charter school.

D. The application for an initial grant shall include:

1. A copy of the applicant's charter;

2. The identity of the sponsor which approved the charter;

3. The total amount of funding requested;

4. An itemization of the specific start-up costs and costs associated with renovating or remodeling existing building and structures for which the funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested;

5. The number of students to be served at the school;

6. The dimensions of the facility in which the school is to be operated;

7. A description of the extent to which the facility must be remodeled or renovated in order to meet applicable health and safety standards, unless this information is included in the applicant's charter.

E. The application for an additional grant shall be in a format approved by the State Board of Education and shall include:

1. The date and amount of the initial grant award.

2. A copy of any amendments or other modifications to the charter or application which formed the basis for the initial grant.

3. The identity of the current sponsor of the charter school.

4. An itemized accounting of the expenditures made with the initial grant monies.

5. The total amount of additional funding requested.

6. An itemization of the specific start-up costs associated with renovating or remodeling existing buildings and structures for which the additional funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested.

F. In its review of an application for a stimulus fund grant, the State Board of Education may receive information concerning the application from the Department of Education, an advisory committee, and any other source. The State Board may award a grant in an amount different from that requested by the applicant. No grant shall be awarded pursuant to this Section unless the State Board determines that:

1. Every amount requested in the applicant's itemization of costs is for the essential component with which the amount is associated; and

2. Based on all of the information before the State Board concerning the application, there is a rational basis for the award of funds.

G. No applicant or charter school shall be eligible for more than one initial grant and one additional grant, regardless of the amount awarded.

H. An applicant who receives an initial grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the initial 18-month period.

I. An applicant who receives an additional grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the applicable 18-month period and is in addition to any amounts required by subsection (H).

J. An applicant for a grant pursuant to this rule shall be notified of the date at which the State Board of Education shall consider the application no less than 10 days in advance thereof. Written notification of the Board's decision concerning an application for a grant shall be mailed to the applicant within 10 days following such decision.

Historical Note

Adopted effective April 20, 1995 (Supp. 95-2).