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Committee advances SB1026 limiting recertification of alternative schools, adds 70% at-risk student threshold

Arizona Senate Education Committee · January 28, 2026
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Summary

The committee adopted an amendment to SB1026 that would restrict recertification frequency for alternative education programs to once every five years and adds a requirement that at least 70% of enrolled students meet specified at‑risk criteria; the bill received a due-pass recommendation 4–3.

The Senate Education Committee adopted an amendment and advanced Senate Bill 1026, which would limit how often the Arizona Department of Education (ADE) or the State Board of Education (SBE) may require recertification of alternative education programs and clarify eligibility rules.

A sponsor-presented amendment in the chair's name specifies that ADE or the SBE cannot require recertification more than once in a five-year period for programs in good standing, and it permits ADE or the SBE to require evidence that at least 70% of the students enrolled in the alternative program are in grades 6–12 and qualify as unable to profit from regular school coursework. The amendment also preserves an appeal to the SBE and allows programs to continue using statutory provisions while an appeal is pending. It clarifies that annual instructional hours may be delivered on any day of the week consistent with the submitted calendar.

Gary Bay, president of the American Charter Schools Foundation, testified in support, saying the measure "furthers deregulation for charter schools" that serve a highly mobile, high-needs student population. Committee members asked who requested the bill and how 'good standing' is defined; witnesses and staff said 'good standing' aligns with the state's A/B/C school ratings and that the 70% threshold appears in the amendment.

Vice Chair moved adoption of the amendment and then moved SB1026 as amended with a due-pass recommendation. The committee adopted the amendment and voted 4 ayes to 3 nays to give the bill a due-pass recommendation.