Read the full stored bill text
HB4038 - 572R - I Ver
REFERENCE TITLE:
public schools; first day; restriction
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4038
Introduced by
Representatives
Pingerelli: Livingston;� Senator Carroll
AN
ACT
amending section 15-901.08, Arizona
Revised Statutes; relating to school year.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
15-901.08, Arizona Revised Statutes, is amended to read:
START_STATUTE
15-901.08.
School year; school month; instructional time models;
requirements; funding; definition
A. Except as may be otherwise authorized by the
superintendent of public instruction to accommodate a year-round school
operation or as otherwise prescribed under an instructional time model adopted
pursuant to this section
:
,
1.
The school year begins July
1 and ends June 30
.
, and
2.
A school month is twenty
school days or four weeks of five days each.
3. Beginning in the 2027-2028
school year, the first day of instruction in any school year may not occur
before September 1.
B. Notwithstanding any other law, for the purposes
of meeting the instructional time and instructional hours requirements
prescribed in sections 15-797, 15-808 and 15-901, a school
district governing board, after at least two public hearings in the school
district, or a charter school governing body for one or more schools may adopt
any instructional time models as prescribed in this section to meet the minimum
annual instructional time and instructional hours requirements prescribed in
sections 15-797, 15-808 and 15-901 for all of the following
purposes:
1. Determining average daily membership.
2. Determining daily attendance.
3. Determining student count.
4. Any other purpose relating to instructional time
or instructional hours prescribed in section 15-797, 15-808 or 15-901.
C. Notwithstanding any other law, all of the
following apply to an instructional time model adopted by a school district
governing board or charter school governing body for one or more schools
pursuant to this section:
1. Students shall receive the minimum instructional
time or instructional hours required under section 15-797, 15-808
or 15-901, as applicable, for the full school year in any day, week and
course length increments adopted by the school district governing board or
charter school governing body.
2. A school may deliver the annual required
instructional time or instructional hours to students through any combination
of the following:
(a) Direct instruction.
(b) Project-based learning.
(c) Independent learning.
(d) Mastery-based learning, which may be
delivered in a blended classroom serving multiple grade levels or providing
blended grade level content.
3. A school may
define instructional time and instructional hours to include any combination of
the following:
(a) In-person
instruction.
(b) Remote instruction, subject to all of the
following:
(i)
During
school year 2021-2022, a school may provide up to fifty percent of its
total instructional time in a remote setting without any impact to the school's
funding.� Beginning in school year 2022-2023 and each school year
thereafter,
A school may provide up to forty percent of its total
instructional time in a remote setting without any impact to the school's
funding.
(ii) If a school provides instructional time in a
remote setting beyond the threshold prescribed in item (i) of this subdivision
in any school year, the department of education shall calculate funding as
prescribed in subsection D of this section.
(iii) The department of education shall annually
provide a list of schools that provide more than the allowed instructional time
in a remote setting to the state board of education.� The state board of
education shall determine whether the school must apply to become an online
school under section 15-808.
(iv) The department of education shall annually
provide a list of charter schools that provide more than the allowed
instructional time in a remote setting to the state board for charter schools.�
The state board for charter schools shall determine whether the charter school
must apply to become an online school under section 15-808.
4. A school may reallocate any minimum instructional
time or instructional hours per course required under section 15-797, 15-808
or 15-901 or any other statute to other courses on a per-student
basis so that students are able to spend more of their required instructional
time or instructional hours on courses of greater depth or courses that require
additional learning time to catch up to grade level or to stay on pace.
5. A school may stagger learning times and schedules
for students and may offer courses and other instructional time options on the
weekend or in the evenings so that all students are not expected to attend or
complete their school day or instructional time at the same time.
6. A school shall align its attendance policies to
reflect the instructional time and instructional hours policies prescribed
under the adopted instructional time model.
D. If a school provides remote instructional time
beyond the threshold prescribed in subsection C, paragraph 3, subdivision (b),
item (i) of this section in any school year, the department of education shall
calculate funding as follows:
1. Calculate the total percentage of instructional
time provided by the school in a remote setting.
2. Subtract the allowable threshold prescribed in
subsection C, paragraph 3, subdivision (b), item (i) of this section from the
amount calculated pursuant to paragraph 1 of this subsection.
3. Fund the percentage of the base support level
equal to the percentage calculated in paragraph 2 of this subsection at ninety-five
percent of the base support level that would otherwise be calculated for the
school.
E. For the purposes of this section,
"mastery-based learning" means a system in which students advance to
higher levels of learning when they demonstrate mastery of concepts and skills
regardless of time, place or pace.
END_STATUTE