statewide assessment; testing window; revisions

HB2032 - 572R - S Ver

Senate Engrossed
House Bill

statewide assessment;
testing window; revisions

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2032

AN
ACT

amending sections 15-701, 15-741,
15-742 and 15-743, Arizona Revised Statutes; relating to school
assessment and accountability.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 15-701, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-701.

Common schools; promotions; requirements; certificate;
supervision of eighth grades by superintendent of high school district; high
school admissions; academic credit; definition

A. The state board of education shall:

1. Prescribe a minimum course of study incorporating
the academic standards adopted by the state board of education to be taught in
the common schools.

2. Prescribe competency requirements for the
promotion of pupils from the eighth grade and competency requirements for the
promotion of pupils from the third grade that incorporate the academic
standards in at least the areas of reading, writing, mathematics, science and
social studies. �The competency requirements for the promotion of pupils from
the third grade shall include the following:

(a) A requirement that a pupil not be promoted from
the third grade if the pupil
obtains a score on the reading
portion of the statewide assessment that
does not demonstrate sufficient
reading skills as established by the state board. A pupil may not be
retained
pursuant to this subdivision if data regarding the
pupil's performance on the statewide assessment is not available before the end
of the current academic year and may not be retained
more than once. �A
pupil who is not retained
due to the unavailability of test data

and who obtains a score on the reading portion of the statewide
assessment that does not demonstrate sufficient reading skills
must
receive evidence-based intervention and remedial strategies pursuant to
subdivision (c) of this paragraph
if the third grade assessment
data subsequently does not demonstrate sufficient reading skills
.

(b) A mechanism to allow a school district governing
board or charter school governing body to promote from the third grade a pupil
who does not demonstrate sufficient reading skills pursuant to subdivision (a)
of this paragraph if the pupil:

(i) Is an English learner or a limited English
proficient student as defined in section 15-751 and has had fewer than
three years of English language instruction.

(ii) Is in the process of a special education
referral or evaluation for placement in special education, has been diagnosed
as having a significant reading impairment, including dyslexia, or is a child
with a disability as defined in section 15-761 if the pupil's
individualized education program team and the pupil's parent or guardian agree
that promotion is appropriate based on the pupil's individualized education
program.

(iii) Has demonstrated or subsequently demonstrates
sufficient reading skills or adequate progress toward sufficient reading skills
of the third grade reading standards as evidenced through a collection of
reading assessments approved by the state board of education, which includes an
alternative standardized reading assessment approved by the state board.

(iv) Receives intervention and remedial services
during the summer or a subsequent school year pursuant to subdivision (c) of
this paragraph and demonstrates sufficient progress based on guidelines issued
pursuant to subsection B, paragraph 7 of this section.

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

(i) A requirement that the pupil be assigned for
evidence-based reading instruction by a different teacher who was
designated in that teacher's most recent performance evaluation in one of the
top two performance classifications.

(ii) Summer school reading instruction.

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

(iv) Small group and teacher-led evidence-based
reading instruction, which may include computer-based or online reading
instruction.

(d) A requirement that a school district governing
board or charter school governing body that promotes a pupil pursuant to
subdivision (b) of this paragraph provide annual reporting to the department of
education on or before October 1 that includes information on the total number
of pupils subject to the retention provisions of subdivision (a) of this
paragraph, the total number of students promoted pursuant to subdivision (b) of
this paragraph, the total number of pupils retained in grade three and the interventions
administered pursuant to subdivision (c) of this paragraph.

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

4. Develop
evidence-based intervention and remedial strategies pursuant to paragraph 2,
subdivision (c) of this subsection for pupils in kindergarten programs and
grades one through three who are identified as having reading deficiencies
pursuant to section 15-704.

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

B. School districts and charter schools shall
provide annual written notification to parents of pupils in kindergarten
programs and first, second and third grades that a pupil who does not
demonstrate sufficient reading skills pursuant to subsection A of this section
will not be promoted from the third grade. School districts and
charter schools shall identify each pupil who is at risk of reading below grade
level in kindergarten and grades one, two and three and shall provide to the
parent of that pupil a specific written notification of the reading deficiency
within three weeks after identifying the reading deficiency. The notification
shall include the following information:

1. A description of the pupil's specific individual
needs.

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

3. A description of the available supplemental
instructional services and supporting programs that are designed to remediate
reading deficiencies. Each school district or charter school shall
offer more than one evidence-based intervention strategy and more than
one remedial strategy developed by the state board of education for pupils with
reading deficiencies. The notification shall list the intervention
and remedial strategies offered and shall instruct the parent to choose, in
consultation with the pupil's teacher, the most appropriate strategies to be
provided and implemented for that child.

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

5. The frequency with which the school district or
charter school will provide timely updates and information to the parent on the
pupil's progress toward reading proficiency.

6. A statement that the pupil will not be promoted
from the third grade if the pupil does not demonstrate sufficient reading
skills pursuant to subsection A, paragraph 2, subdivision (a) of this section,
unless the pupil is exempt from mandatory retention in grade three or the pupil
qualifies for an exemption pursuant to subsection A, paragraph 2, subdivision
(b) of this section.

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

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

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

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

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

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

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

G. Within any high school district or union high
school district, the superintendent of the high school district shall supervise
the work of the eighth grade of all schools that do not employ a superintendent
or principal.

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

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

J. A school district may conduct a ceremony to honor
pupils who have been promoted from the eighth grade.

K. For the purposes of this section,
"dyslexia" means a condition that:

1. Is neurological in origin.

2. Is characterized by difficulties with accurate or
fluent word recognition and by poor spelling and decoding abilities, including
difficulties that typically result from a deficit in the phonological component
of language that is often unexpected in relation to other cognitive abilities
and to the provision of effective classroom instruction.

3. May include secondary consequences such as
problems with reading comprehension and reduced reading experience that may
impede the growth of vocabulary and background knowledge.
END_STATUTE

Sec. 2. Section 15-741, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-741.

Assessment of pupils; definition

A. The state board of education shall:

1. Adopt rules for the purposes of this article
pursuant to title 41, chapter 6.

2. Adopt and implement a statewide assessment to
measure pupil achievement of the state board-adopted academic standards in
reading, writing and mathematics in at least four grades designated by the
state board. �The state board shall determine the manner of
implementation. The state board may administer assessments of the
academic standards in social studies and science, except that a pupil shall not
be required to meet or exceed the social studies or science standards measured
by the statewide assessment.

3. Ensure that the tests prescribed in this section
are uniform throughout this state.

4. Ensure that the tests prescribed in this section
are able to be scored in an objective manner and are not intended to advocate
any sectarian, partisan or denominational viewpoint.

5. Ensure that the tests prescribed in this article
collect only types of pupil nontest data that are approved by the state board
at a public meeting and published on the website of the state board pursuant to
paragraph 7 of this subsection.

6. Include within its budget all costs pertaining to
the tests prescribed in this article. If sufficient monies are
appropriated, the state board may provide achievement test services to school
districts that request assistance in testing pupils in grades additional to
those required by this section.

7. Survey teachers, principals and superintendents
on achievement-related nontest indicators, including information on
graduation rates by ethnicity and dropout rates by ethnicity for each grade
level. �Before the survey, the state board shall approve at a public meeting
the nontest indicators on which data will be collected and shall post in a
prominent position on the home page of the state board's website a link to the
nontest indicators entitled "What nontest data does the state of Arizona
collect about Arizona pupils?". The linked webpage shall state
the types of data collected, the reasons for the collection of the data and the
entities with which the data is shared. In conducting the survey and
collecting data, the state board shall not violate the provisions of the family
educational rights and privacy act (P.L. 93-380), as amended, or disclose
personally identifiable information.

8. Establish a fair and consistent method and
standard by which test scores from schools in a district may be evaluated
taking into consideration demographic data. The state board shall
establish intervention strategies to assist schools with scores below the
acceptable standard. The state board shall annually review district
and school scores and shall offer assistance to school districts in analyzing
data and implementing intervention strategies. The state board shall
use the adopted test and methods of data evaluation for a period of at least
ten years.

9. Participate in other assessments that provide
national comparisons as needed.

10. Require in the contract for the statewide
assessment pursuant to this section that test
scores and
assessment data from the third grade reading portion of the statewide
assessment adopted pursuant to this section be received by local education
agencies on or before May 15 of each academic year and that the
scores
and
assessment
data from
all other portions
of
the statewide assessment adopted pursuant to this section be received
by local education agencies on or before
May 25

May 26
of each academic year. �The state board shall impose
penalties on the contractor for scores received after
these dates

may 26, unless the contractor provides
unofficial test scores to local education agencies on or before May 26
.
If the state board alters the statewide assessment testing window for
any reason, the state board may adjust the dates by which local education
agencies are required to receive the scores and assessment data
proportionately. If the state board adjusts the dates by which local education
agencies are required to receive the scores and assessment data, the state
board may not impose penalties on the contractor unless the scores and
assessment data are received after the adjusted dates.

The contractor may provide unofficial test scores and data from the
statewide assessment adopted pursuant to this section to local education
agencies to comply with the deadlines prescribed by this paragraph.

B. The achievement tests adopted by the state board
as provided in subsection A of this section shall be given at least
annually. Nontest indicator data and other information shall be
collected at the same time as the collection of achievement test data.

C. Local school district governing boards shall:

1. Administer the tests prescribed in subsection A
of this section.

2. Survey teachers, principals and superintendents
on achievement-related nontest indicator data as required by the state
board, including information related to district graduation and dropout rates. �In
conducting the survey and collecting data, the governing board shall not
violate the provisions of the family educational rights and privacy act
(P.L. 93-380), as amended, or disclose personally identifiable
information.

D. Any additional assessments for high school pupils
that are adopted by the state board after November 24, 2009 shall be designed
to measure college and career readiness of pupils.

E. If a high school pupil who is enrolled in a
school district or charter school participates in a nationally recognized
assessment that is both adopted by the state board of education pursuant to
subsection A of this section and administered by a person other than the school
district or charter school, the pupil or pupil's parent or guardian may submit
the pupil's official score report for the assessment to the school district or
charter school. On receipt of an official score report pursuant to
this subsection, the school district or charter school shall do all of the
following:

1. Record the score in the pupil's file.

2. Report the score to the state board of education
and the department of education.

3. If the pupil or pupil's parent or guardian
submits an official score report pursuant to this subsection to the school
district or charter school before the date on which the school administers the
tests prescribed in subsection A of this section, allow the pupil to opt out of
participation in the assessment that is administered by the school district or
charter school. �If a pupil opts out of an assessment pursuant to this
paragraph, the school district or charter school shall use the data from the
pupil's official score report for the pupil's achievement test data for the
purposes of this section. This paragraph does not require a school
district or charter school to allow a pupil to opt out of the collection of
nontest indicator data or other information that is collected about pupils who
participate in the assessment that is administered by the school district or
charter school pursuant to this section.

F. A test for penmanship shall not be required
pursuant to this article.

G. If a local education agency requests a raw data
file of assessment data for the pupils tested at the local education agency,
the department of education shall fulfill the request in a format that is
usable for assessment diagnostics within thirty days after the request. The
local education agency shall follow all applicable student data privacy laws
and may not publicly disclose individual student achievement results.

H. A school district or charter school may
administer the statewide assessment in the form of a written test
if

for
any of the following
applies

reasons
:

1. A written test is required pursuant to an
individualized education program or a section 504 plan as defined in section 15-731.

2. To accommodate special circumstances.

3. For religious purposes.

4. On request by a pupil's parent or guardian.

I. For the purposes of this section,
"nationally recognized" has the same meaning prescribed in section 15-741.02.

END_STATUTE

Sec. 3. Section 15-742, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-742.

Contract to purchase tests; bond; score distribution deadline;
action for damages

A. The state board of education shall enter into
contracts with contractors
for the

to
purchase

of
the tests adopted by the state board pursuant to
sections 15-203 and 15-741. Notwithstanding section 41-2546,
the state board may enter into contracts
for the

to
purchase
of
nationally standardized
norm-referenced tests pursuant to this section for a duration of up to
ten years. The contracts may also provide for the distribution of
the tests to the school districts and the scoring of the tests.

B. Contractors shall give a cash or corporate surety
bond payable to this state and approved by the state board indemnifying the
state in the test purchases in an amount
not less than five
hundred nor

of at least $500 and not
more than
ten thousand dollars

$10,000
as may be
determined by the state board. The contractor shall faithfully
comply with the conditions of the contract and shall furnish to the state the
tests as provided in the contract at prices not exceeding the lowest prices
then granted to any buyer. If there is a decrease in the prices
given to a person purchasing such tests from the contractor,
the

this
state shall have the benefit of the decrease in
price.

C. The contractor shall file with the state board a
sworn statement stating the lowest prices for which the contractor's series of
tests is sold anywhere in the United States.

D. Any contract entered into pursuant to this
section shall require that
the contractor distribute
test
scores
and assessment data from the third grade reading portion
of the statewide assessment adopted pursuant to section 15-741 be
received by local education agencies on or before May 15 of each academic year
and the scores
and
assessment
data from
all other portions of
the statewide assessment adopted pursuant
to section 15-741
be received by

to
local
education agencies on or before
May 25

May
26
of each academic year. �
The contractor may distribute
unofficial test scores and data from the statewide assessment to local
education agencies to comply with the deadline prescribed by this subsection.

E. If a contractor violates a condition of the
contract, the attorney general, on request of the state board of education,
shall institute an action for damages on the bond of the contractor.
END_STATUTE

Sec. 4. Section 15-743, Arizona Revised Statutes, is amended to read:

START_STATUTE
15-743.

Test results; annual reports; five-year cumulative summary;
distribution of scores to schools and parents; testing window

A. The state board of
education shall provide annual reports for
every

each
school and school district and
the

this
state as a whole. The state board shall
annually submit these reports to school districts, the legislature and the
county school superintendents and shall make them available to the public. �The
state board shall publish and distribute the reports by September 1 and shall
also
provide a cumulative summary of the reports every five
years. The annual reports and cumulative summary results shall
include:

1. Average and range scores on the statewide
assessment adopted pursuant to section 15-741.

2. Standardized test scores by subject area
according to percentiles and stanines for the school, school district, county,
state and nation.

3. Achievement-related nontest indicator data
collected in the survey of teachers, principals and superintendents as required
by section 15-741, including information related to dropout rates by
ethnicity for each grade level and graduation rates and postsecondary
employment and education by ethnicity. In reporting such data, the
state board shall not violate the provisions of the family educational rights
and privacy act (P.L. 93-380), as amended, or disclose personally
identifiable information.

4. The numbers of pupils who have completed the
academic standards at grades three, eight and twelve.

B. Test results on individual pupils shall not be
made available to the public by name or individually identifiable reference.

C. The state board shall provide a copy of the
results from the tests prescribed in section 15-741, subsection A for
each school district to that school district. �Results may not be released to
the public until ten days after the reports are provided to each school
district.

D. The state board shall provide each school
district
that is
participating in the testing program
with a copy of each pupil's standardized norm-referenced test scores in
reading, language arts and mathematics, and the associated grade equivalents,
percentiles and stanines for the school, school district, county, state and
nation, a report of pupil progress on an ongoing and annual basis, showing the
trends in gain or loss in pupil achievement over time in reading, language arts
and mathematics for all years in which pupils are enrolled in the school
district for an entire school year and for which this information is available
and a report of the pupil progress for pupils not enrolled in a district for an
entire school year. The state board shall
also

provide each school district with each pupil's statewide assessment scores and
the statewide assessment scores for the school, school district, county and
state.

E. The school district shall provide a parent or
guardian of each pupil participating in the standardized norm-referenced
testing part of the program with a copy of the pupil's scores in reading,
language arts and mathematics, and the percentiles and stanines. The
school district shall provide a parent or guardian of each pupil with a copy of
the pupil's scores on the statewide assessment and the associated scores for
the school, school district, county and state. The school district
shall make available to the public through the reports those scores for each
school in the school district and for the school district, county, state and
nation.

F. Any testing window established and executed by
the department of education or the state board for the administration of the
statewide assessment adopted pursuant to section 15-741 may not be longer
than
four

six
consecutive school
weeks
shall ensure that local education agencies receive test
scores and assessment data from the third grade reading portion of the
statewide assessment on or before May 15 of each academic year and that the
scores and assessment data from all other portions of the statewide assessment
adopted pursuant to section 15-741 are received by local education
agencies on or before May 25 of each academic year
. �
The
testing window established pursuant to this subsection for an assessment that
is administered to students in any of grades three through eight may not begin
before the second week of April during any school year unless the assessment is
an alternate assessment that is administered pursuant to a student's section
504 plan or individualized education program as defined in section 15-731.
The
department of education or the state board may not prohibit the superintendent
or the staff of a local education agency from sharing statewide assessment data
with the local education agency's district governing board or governing body or
otherwise impede the sharing of statewide assessment data.

G. Notwithstanding subsection F of
this section and sections 15-741 and 15-742, the department of
education, subject to review and approval by the state board, may adjust the
testing window for the statewide assessment adopted pursuant to section 15-741
in academic years that the state board is revising current proficiency levels
or is establishing new proficiency levels for the statewide assessment adopted
pursuant to section 15-741.

END_STATUTE

Sec. 5.
Implementation

The state board of education shall
enter into contracts with contractors to purchase tests pursuant to sections 15-741
and 15-742, Arizona Revised Statutes, as amended by this act.