House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HOUSE BILL 2139

 

 

 

AN ACT

 

amending section 15‑2401, Arizona Revised Statutes; relating to empowerment scholarship accounts.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 15-2401, Arizona Revised Statutes, is amended to read:

START_STATUTE15-2401.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Curriculum" means a complete course of study for a particular content area or grade level, including any supplemental materials required by the curriculum.

2.  "Department" means the department of education.

3.  "Eligible postsecondary institution" means a community college as defined in section 15‑1401, a university under the jurisdiction of the Arizona board of regents or an accredited private postsecondary institution.

4.  "Parent" means a resident of this state who is the parent or legal guardian of a qualified student.

5.  "Qualified school" means a nongovernmental primary or secondary school or a preschool for handicapped students that is located in this state and that does not discriminate on the basis of race, color or national origin.

6.  "Qualified student" means a resident of this state who:

(a)  Is, or if the child is currently eligible to attend kindergarten, the department determines would be, any of the following:

(i)  Identified as having a disability under section 504 of the rehabilitation act of 1973 (29 United States Code section 794).

(ii)  Identified by a school district as a child with a disability as defined in section 15‑761.

(iii)  A child with a disability who is eligible to receive services from a school district under section 15‑763.

(iv)  Attending a school or school district that has been assigned a letter grade of D or F pursuant to section 15‑241.

(v)  A previous recipient of a scholarship issued pursuant to section 15‑891 or this section.

(vi)  A child of a parent who is a member of the armed forces of the United States and who is on active duty.

(vii)  A child with a guardian who is a member of the armed forces of the United States and who is on active duty.

(viii)  A child who is a ward of the juvenile court and who is residing with a prospective permanent placement pursuant to section 8-862 and the case plan is adoption or permanent guardianship.

(ix)  A child who was a ward of the juvenile court and who achieved permanency through adoption or permanent guardianship.

(x)  A child who is the sibling of a current or previous empowerment scholarship account recipient.

(b)  And who meets any of the following requirements:

(i)  Attended a governmental primary or secondary school as a full-time student as defined in section 15‑901 for at least the first one hundred days of the prior fiscal year and who transferred from a governmental primary or secondary school under a contract to participate in an empowerment scholarship account.

(ii)  Previously participated in the empowerment scholarship account program.

(iii)  Received a scholarship under section 43‑1505 and who continues to attend a qualified school.

(iv)  Was eligible for an Arizona scholarship for pupils with disabilities and received monies from a school tuition organization pursuant to section 43‑1505 or received an Arizona scholarship for pupils with disabilities but did not receive monies from a school tuition organization pursuant to section 43‑1505 and who continues to attend a qualified school.

(v)  Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a kindergarten program in a school district or charter school in this state.

(vi)  Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a program for preschool children with disabilities in this state.

7.  "Treasurer" means the office of the state treasurer. END_STATUTE