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Legislative and Legal Update. Chris Thomas, Director of Legal & Policy Services/General Counsel Arizona School Boards Association. Topics to Cover Today. School Funding School Personnel School Vouchers & Privatization. School Operations & Accountability Charters
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Legislative and Legal Update Chris Thomas, Director of Legal & Policy Services/General Counsel Arizona School Boards Association
Topics to Cover Today • School Funding • School Personnel • School Vouchers & Privatization • School Operations & Accountability • Charters • The “Out in Left Field” Bills • Elections & Politics
School Funding • Budget Talks • $600 million one-time surplus • Senate looking at $50 million for soft capital; House $37 total use for anything • Cave Creek Unified School District v. Ducey • Prop. 301 Inflation factor challenged • Argued before Arizona Court of Appeals March 14 • HB2826 (consolidated election dates; political subdivisions) • Requires all political subdivisions to hold elections in November in even-numbered years: school districts have been removed from bill
School Funding • HCR2005 • Would require initiatives and referenda be reapproved by voters every 6 years; Prop. 301 would be up for vote in 2014 • HCR2043 • Would require 60% passage rate for bonds, overrides • SCR1025 • Limits increase in assessed value for property taxes to cash value or 5% higher than previous year • Alternative to Prop. 13 Arizona Initiative • All of these are waiting for coordinated approval
School Personnel • Retirement • Barnes v. ASRS • HB2264 (ASRS; employee; employer contributions; rate) • Paycheck Deductions • UFCW v. Brewer (SB1365 from 2011)
School Personnel • HB2497 (school teachers; multiyear contracts) • Anderson v. Valley Union High School District • No Court of Appeals jurisdiction for teachers looking to appeal
School Personnel • Teacher and Principal Evaluations • State Board of Education Teacher and Principal Evaluation Framework • Response to 2010 legislation that requires all teacher and principal evaluations to contain at least 33%, and up to 50% of quantifiable data and implement it in the 2012-2013 school year • HB2823 (schools; teachers; principals; evaluation systems)
School Vouchers and Privatization • Niehaus v. Huppenthal • SB1553 from 2011; “Arizona Empowerment Accounts” • Maricopa Superior Court found constitutional; appeal coming • HB2626 (empowerment scholarship accounts; expansion) • Allows any of the following to get an empowerment scholarship: • a)Attends a school or school district that has been assigned a letter grade of “D” or “F” by the Arizona Department of Education (ADE). • b) Previously received an Arizona Scholarship for Pupils with Disabilities. • c) Is the child or legal ward of a member of the United States Armed Forces. • d) Has been identified as a gifted pupil. • e) Previously attended a public school and was determined to be eligible to receive a scholarship from an STO. • SB1047 (tax credit; student tuition organizations)
School Operations & Accountability • Changes to 2010 Education Policy Measures • Move On When Reading • SB 1258 (third grade promotions; requirements; exceptions) • School Labels (A-F) • HB2622 (school rankings; display; time period) • Flexibility v. Mandates
School Operations & Accountability • Auditor General Dollars in Classroom Report • Mandated by law to do every year • Does not apply to charters • Dollars not in the classroom inaccurately labeled administration
School Operations & Accountability • SB1061 (national school lunch program; optional) • Medical Marijuana Implementation • HB2349 (medical marijuana; cardholder; campuses; prohibition) • ELL Reform • SB1033 (schools; ELL instruction; hourly requirements)
School Operations & Accountability • Parent Trigger/School Reorganization • SB 1204 (NOW: schools; parental options) which allows parents in a school that has been assigned a “D” or “F” to submit to the school district governing board a petition from at least 50% of parents, who must do one of the following: • 1) close the school • 2) convert it into a charter • 3) fire the principal and bring in new leadership, with flexibility provided for staffing, calendars, budgeting, etc.
School Operations & Accountability • School District Unification • HB2075 (schools; consolidation; unification) • Bullying • New ASBA Policy • SB1462 (schools; bullying policies; definition) • U.S. Supreme Court denies hearing cases on issue of school authority to discipline students for online, off-campus activity
Charters • Craven and Hobday lawsuits
Elections/Politics • Friends of ASBA • New Redistricting Maps • Quality Education and Jobs Act • Initiative led by Arizona Education Network, parents-group out of Tucson • Continuance of 1 cent sales tax • Would put $725 million into K-12 education • Endorsed/supported by Friends of ASBA