SB 1457 — online instruction; virtual setting; assessments

SenateHouse Engrossed Senate Bill online instruction;

assessments State of Arizona Senate Fifty-sixth Legislature Second Regular Session CHAPTER 239 SENATE BILL 1457 AN ACT AMENDING TITLE 15, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-808.01;

ArizonaVirtual onlineschools; instruction;

testingexemptions; center;

exemptionsdefinitions A.

EXCEPT AS PROVIDED IN SUBSECTION BC OF THIS SECTION, EACH VIRTUAL SCHOOL THAT PARTICIPATES IN ARIZONA ONLINE INSTRUCTION PURSUANT TO SECTION 15-808 MAY ADMINISTER ANY ASSESSMENT ORTHAT TESTCOMPLIES REQUIREDWITH PURSUANT TO SECTION 15-808,15-741 SUBSECTIONIN BA ORVIRTUAL HSETTING, ORIF CHAPTERTHE 7,VIRTUAL ARTICLESCHOOL 3DOES OFALL THIS TITLE IN EITHER OF THE FOLLOWING:

ASSIGNS A SPECIFIC DATE AND TIME TO ADMINISTER THE ASSESSMENT TO PARTICIPATING STUDENTS IN A VIRTUAL SETTING, IFEXCEPT THEAS SCHOOLPROVIDED DOESIN ALLSUBSECTION B OF THETHIS FOLLOWING:SECTION.

(a) ASSIGNS A SPECIFIC DATE AND TIME TO ADMINISTER THE ASSESSMENT OR TEST TO PARTICIPATING STUDENTS.

(b) ADMINISTERS THE ASSESSMENT OR TEST IN A SYNCHRONOUS SESSION THAT IS INITIATED AND MANAGED BY PERSONNEL WHO ARE DESIGNATED BY THE SCHOOL.

(c) PROVIDES AT LEAST ONE PROCTOR FOR EVERY TEN PARTICIPATING STUDENTS TO MONITOR THE PARTICIPATING STUDENTS THROUGH SYNCHRONOUS VIDEO FOR THE ENTIRE ASSESSMENT OR TESTING SESSION.

FOR THE PURPOSES OF THIS SUBDIVISION, IF THE ASSESSMENT OR TESTING PLATFORM DOES NOT ALLOW INTEGRATED CAMERA PROCTORING, THE SCHOOL SHALL REQUIRE EACH PARTICIPATING STUDENT TO USE A SECOND DEVICE TO PROVIDE THE PROCTOR WITH SYNCHRONOUS VIDEO THAT SHOWS THE STUDENT AND THE AREA IMMEDIATELY SURROUNDING THE STUDENT FOR THE ENTIRE ASSESSMENT OR TESTING SESSION.

(d) REQUIRES EACH PARTICIPATING STUDENT TO REMAIN IN THE VIRTUAL SETTING UNTIL THE STUDENT IS INSTRUCTED TO EXIT THE ASSESSMENT OR TESTING PLATFORM BY THE STUDENT'S ASSIGNED PROCTOR.

(e) VERIFIES EACH ASSESSMENT OR TEST THAT IS SUBMITTED BY A PARTICIPATING STUDENT IN A VIRTUAL SETTING PURSUANT TO THIS PARAGRAPH.

ADMINISTERS THE ASSESSMENT IN A TESTINGSYNCHRONOUS CENTER,SESSION IFTHAT THEIS SCHOOLINITIATED DOESAND ALLMANAGED OFBY PERSONNEL WHO ARE DESIGNATED BY THE FOLLOWING:VIRTUAL SCHOOL.

(a)3. ASSIGNS A SPECIFIC DATE AND TIME TO ADMINISTER THE ASSESSMENT OR TEST TO PARTICIPATING STUDENTS.

(b)PROVIDES ADMINISTERSAT THELEAST ASSESSMENTONE ORPROCTOR TESTFOR ATEVERY ATEN LOCATIONPARTICIPATING THATSTUDENTS COMPLIESTO WITHMONITOR TESTINGTHE PROCEDURESPARTICIPATING ANDSTUDENTS REGULATIONSTHROUGH REGARDLESSSYNCHRONOUS OFVIDEO WHETHERFOR THE LOCATIONENTIRE ISTESTING ONSESSION. A SCHOOL CAMPUS.

(c)FOR ADMINISTERSTHE PURPOSES OF THIS PARAGRAPH, IF THE ASSESSMENTTESTING ORPLATFORM TESTDOES INNOT ALLOW INTEGRATED CAMERA PROCTORING, THE VIRTUAL SCHOOL SHALL REQUIRE EACH PARTICIPATING STUDENT TO USE A SECOND DEVICE TO PROVIDE THE PROCTOR WITH SYNCHRONOUS SESSIONVIDEO THAT ISSHOWS INITIATEDTHE STUDENT AND MANAGEDTHE BYAREA PERSONNELIMMEDIATELY WHOSURROUNDING ARETHE DESIGNATEDSTUDENT BYFOR THE SCHOOL.ENTIRE TESTING SESSION.

(d)4. PROVIDES AT LEAST ONE PROCTOR FOR EVERY FIFTEEN PARTICIPATING STUDENTS.

(e) REQUIRES EACH PARTICIPATING STUDENT TO REMAIN ATIN THE TESTINGVIRTUAL CENTERSETTING LOCATION UNTIL THE STUDENT IS INSTRUCTED TO EXIT THE TESTING CENTERPLATFORM LOCATION BY THE STUDENT'S ASSIGNED PROCTOR.

(f)5. VERIFIES EACH ASSESSMENT OR TEST THAT IS SUBMITTED BY A PARTICIPATING STUDENT AT A TESTING CENTER PURSUANT TO THIS PARAGRAPH.

-VERIFIES 1EACH -ASSESSMENT S.B.THAT IS SUBMITTED BY A PARTICIPATING STUDENT IN A VIRTUAL SETTING PURSUANT TO THIS SUBSECTION.

1457 B.

A VIRTUAL SCHOOL THAT PARTICIPATESADMINISTERS INAN ARIZONAASSESSMENT ONLINE INSTRUCTION PURSUANT TO SECTIONSUBSECTION 15-808A OF THIS SECTION MAY NOTALSO ADMINISTER THE ASSESSMENT IN PERSON TO ANY SPECIFIC STUDENT OR GROUP OF STUDENTS AT A DATE AND TIME ASSIGNED BY THE FOLLOWINGVIRTUAL INSCHOOL AIF THE VIRTUAL SCHOOL IDENTIFIES AN EXCEPTION TO THE VIRTUAL SETTING THAT IS NECESSARY OR TESTINGAPPROPRIATE, CENTERINCLUDING PURSUANTAN TOEXCEPTION SUBSECTIONFOR A OFSTUDENT THISWHO SECTIONHAS UNLESSONE OR MORE TESTING ACCOMMODATIONS IN THE ASSESSMENTSTUDENT'S INDIVIDUALIZED EDUCATION PROGRAM AS DEFINED IN SECTION 15-761 OR EXAMINATIONSECTION IS504 AVAILABLEPLAN BYAS REMOTEDEFINED ACCESS:IN SECTION 15-731 OR FOR AN ENGLISH LEARNER AS DEFINED IN SECTION 15-751 WHO NEEDS AN IN-PERSON ASSESSMENT.

C.

A VIRTUAL SCHOOL MAY NOT ADMINISTER ANY OF THE FOLLOWING PURSUANT TO SUBSECTION A OF THIS SECTION UNLESS THE ASSESSMENT IS AVAILABLE TO BE PROCTORED IN A VIRTUAL SETTING:

4.

AN ALTERNATE ASSESSMENT AS INDICATED IN A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM AS DEFINED IN SECTION 15-761.

- 1 - S.B.

1457 5.

AN ENGLISH LANGUAGE PROFICIENCY ASSESSMENT ADMINISTERED PURSUANT TO SECTION 15-756.

D.

WHEN SUFFICIENT MONIES ARE AVAILABLE, THE DEPARTMENT OF EDUCATION SHALL INCLUDE A PROVISION FOR TESTING IN A VIRTUAL SETTING PURSUANT TO SUBSECTION A OF THIS SECTION IN EACH CONTRACT THAT THE DEPARTMENT EXECUTES OR EXTENDS WITH A THIRD-PARTY VENDOR FOR THE PROVISION OF ANY ASSESSMENT THAT IS NOT LISTED IN SUBSECTION C OF THIS SECTION.

NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A VIRTUAL SCHOOL MAY NOT BEGIN ADMINISTERING AN ASSESSMENT PURSUANT TO SUBSECTION A OF THIS SECTION UNTIL THE FIRST SCHOOL YEAR AFTER THE SCHOOL YEAR IN WHICH THE DEPARTMENT EXECUTES OR EXTENDS A CONTRACT OR EXECUTES A CONTRACT AMENDMENT FOR THE ASSESSMENT THAT INCLUDES THE PROVISION PRESCRIBED BY THIS SUBSECTION.

E.

THIS SECTION DOES NOT REQUIRE A VIRTUAL SCHOOL TO ADMINISTER ANY ASSESSMENT, INCLUDING THE ASSESSMENTS LISTED IN SUBSECTION C OF THIS SECTION, IN A VIRTUAL SETTING.

F.

FOR THE PURPOSES OF THIS SECTION:

1.

"ASSESSMENT" MEANS A FORMAL ASSESSMENT, TEST OR EXAMINATION THAT A PUBLIC SCHOOL IN THIS STATE IS REQUIRED BY STATE OR FEDERAL LAW TO ADMINISTER TO STUDENTS WHO ARE ENROLLED IN THE SCHOOL.

2.