Bill Text: AZ HB2316 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Schools; local control; student privacy
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2014-04-24 - Governor Vetoed [HB2316 Detail]
Download: Arizona-2014-HB2316-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2316 |
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AN ACT
amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-105; Amending Laws 2014, chapter 17, section 18; relating to local education control and student privacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-105, to read:
15-105. Protection of local education control and student privacy rights
Notwithstanding any other law:
1. The state board of education, the superintendent of public instruction and the department of education shall not adopt any educational standards, curricula or instructional approaches that may be mandated by the federal government.
2. The department of education shall not apply for any federal grant that requires, as a condition of application, the adoption of any federally developed educational standards, curricula or instructional approaches.
3. Consistent with the laws of this state, the department of education may provide guidance and technical assistance to schools, but may not require the adoption of specific curricula or instructional approaches.
4. Any changes to the state academic standards must be done through a transparent public process that allows the people of this state ample time and opportunity to review proposed changes and provide feedback. The state board of education shall ensure that any proposed changes to the state academic standards are posted for public review and comment on its website at least sixty days before any public meeting at which the state board votes on proposed changes. Any public comments received by the state board during the sixty-day period shall be posted on its website before any public meeting at which the state board votes on proposed changes.
5. School districts, charter schools, the state board of education, the department of education and the superintendent of public instruction must collect student data in a manner consistent with state and federal laws that are designed to protect student privacy. Personally identifiable information shall not be reported or shared with the federal government or provided to private vendors for the purpose of marketing or business development with respect to a student's or the student's family's:
(a) Religion.
(b) Political party affiliation.
(c) Psychometric information.
(d) biometric information, unless otherwise provided for in section 15-109.
(e) Voting history.
Sec. 2. Laws 2014, chapter 17, section 18 is amended to read:
Sec. 18. Joint committee on broadband expansion and education technology; members; duties; reports; delayed repeal
A. The joint committee on broadband expansion and education technology is established consisting of the following members:
1. Three members of the house of representatives, two of whom are appointed by the speaker of the house of representatives and one of whom is appointed by the minority leader of the house of representatives.
2. Three members of the senate, two of whom are appointed by the president of the senate and one of whom is appointed by the senate minority leader.
3. The state chief information officer or the chief information officer's designee.
4. The state superintendent of education or the superintendent's designee.
5. Two members who represent an internet services provider or telecommunications organization with a presence in this state, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
6. Two representatives from school districts within this state, one of whom is a representative from a school district located in a county with a population of no more than four hundred thousand persons as determined by the 2010 decennial census and who is appointed by the president of the senate, and one of whom is appointed by the speaker of the house of representatives.
7. A parent of a child who is currently enrolled in the free and reduced lunch program at a school district or charter school within this state and who is appointed by the governor.
B. The speaker of the house of representatives shall select one member who is a member of the house of representatives to serve as cochairperson of the committee and the president of the senate shall select one member who is a member of the senate to serve as cochairperson of the committee.
C. The department of administration, the department of education and the legislature shall provide staff services and support for the committee.
D. Committee members are not eligible to receive compensation or reimbursement of expenses.
E. The committee shall review the extent of available information on the following:
1. The availability of high-speed internet access within this state, particularly in rural areas.
2. The technological needs of school districts and charter schools in this state, including infrastructure, internet connectivity, data security and information technology personnel.
3. Federal programs relating to internet accessibility, including the federal e-rate program, and availability and access to federal monies, especially for rural districts.
4. The development of high-speed internet access in other states, including model governance structures.
5. The state's current contracts for carrier services and telecommunications and the potential to incentivize the expansion of internet access throughout the state.
F. On or before December 1, 2014, the committee shall submit a report of its preliminary findings pursuant to subsection E of this section to the governor, the president of the senate, the speaker of the house of representatives, the joint legislative budget committee and the information technology authorization committee established by section 41-3521, Arizona Revised Statutes.
G. On or before December 1, 2015, the committee shall submit a report that includes recommendations to increase internet access to underserved populations, including best practices, funding sources and a model governance structure, to the governor, the president of the senate, the speaker of the house of representatives, the joint legislative budget committee and the information technology authorization committee. The committee shall provide a copy of this report to the secretary of state.
5. Two members who represent an internet services provider or telecommunications organization that has a significant presence in this state and that primarily provides service to a major metropolitan area in this state, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
6. Two members who represent an internet services provider or telecommunications organization that primarily provides service to the rural areas of this state, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
7. Two representatives from a school district or charter school located in a county with a population of more than five hundred thousand persons who are knowledgeable in information technology, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
8. Two representatives from a school district or charter school located in a county with a population of not more than five hundred thousand persons who are knowledgeable in information technology, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.
9. One member who has significant experience and knowledge in e‑rate and other federal education programs, who represents school districts or charter schools for the purpose of securing e‑rate grants and who is appointed by the governor.
B. The speaker of the house of representatives shall select one member who is a member of the house of representatives to serve as cochairperson of the committee and the president of the senate shall select one member who is a member of the senate to serve as cochairperson of the committee.
C. The department of administration, the department of education and the legislature shall provide staff services and support for the committee.
D. Committee members are not eligible to receive compensation or reimbursement of expenses.
E. The committee shall review the extent of available information on the following:
1. The availability of high-speed internet within this state, particularly in rural areas.
2. The technology needs and current status of the technology adopted on the campuses of school districts and charter schools in this state, including infrastructure, internet connectivity, equipment, data security and information technology personnel.
3. Federal programs relating to internet accessibility, including the federal e-rate program, and availability and access to federal monies, especially for rural districts.
4. Best practices for the expansion of high-speed internet, including comparisons of governance structures in other states.
5. This state's current contracts for carrier services and telecommunications.
6. The estimated costs to deliver necessary internet services to school districts and charter schools in this state and to provide or upgrade infrastructure, internet connectivity, equipment, data security and information technology personnel on the campuses of school districts and charter schools in this state.
7. A description of local, state and federal funding sources available to school districts and charter schools in this state for the purposes of building infrastructure and providing on-campus infrastructure, internet connectivity, equipment, data security and information technology personnel to school districts and charter schools in this state.
F. On or before December 1, 2014, the committee shall submit a report on the information reviewed pursuant to subsection E of this section to the governor, the president of the senate, the speaker of the house of representatives, the joint legislative budget committee, the information technology authorization committee and the secretary of state. The report may make recommendations to increase internet access and improve information technology infrastructure at school districts and charter schools in this state.
G. The committee may continue to research the expansion of high‑speed internet access in this state after December 1, 2014 and may submit reports and recommendations to the Governor and the Legislature as necessary.
H. This section is repealed from and after December 31, 2016 2015.
Sec. 3. Intent
The legislature finds and declares that:
1. In this state, the ultimate goal with respect to its schools is that the schools will enable students to gain the knowledge necessary for postsecondary education, careers, citizenship and the military.
2. Rigorous state standards that detail expected learning outcomes for students are essential if this state is to meet the goal prescribed in paragraph 1 of this section.
3. The adoption of state standards for learning outcomes should be done in an open, transparent way that includes ample opportunity for public review and comment.
4. The federal government has no constitutional authority to set learning standards in this state or to determine how the children of this state or any other state will be educated.
5. The constitution of the state of Arizona specifically states that "the general conduct and supervision of the public school system shall be vested in a state board of education, a state superintendent of public instruction, county school superintendents, and such governing boards for the state institutions as may be provided by law".
6. It is therefore the right of local governing boards to develop or adopt, or both, curricula and instructional approaches that are consistent with the state learning standards.
7. The protection of student and family privacy is a fundamental right of all people in this state.
