Chapter 0225 - 521R - H Ver of SB1332

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 pupils with disabilities 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 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 or by an independent third party pursuant to section 15‑2403, subsection I, 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 or who is currently eligible to attend kindergarten and who resides within the attendance boundary of a school 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 or was killed in the line of duty. A child who meets the requirements of this item is not subject to subdivision (b) of this paragraph.

(vii) A child with a guardian who is a member of the armed forces of the United States and who is on active duty or was killed in the line of duty. A child who meets the requirements of this item is not subject to subdivision (b) of this paragraph.

(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.

(xi) A child who resides within the boundaries of an Indian reservation in this state.

(b) And, except as provided in subdivision (a), items (vi) and (vii) of this paragraph, 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 if the student attended a governmental primary or secondary school as a full‑time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending 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 if the student attended a governmental primary or secondary school as a full‑time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending 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

Sec. 2. Empowerment scholarship account special education study committee; membership; powers and duties; report; definition; delayed repeal

A. The empowerment scholarship account special education study committee is established consisting of the following members:

1. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.

2. Two members of the senate who are appointed by the president of the senate and who are members of different political parties.

3. Two members who currently work as special education teachers, one of whom is from a county with a population of at least one million two hundred thousand persons and who is appointed by the speaker of the house of representatives and one of whom is from a county with a population of less than one million two hundred thousand persons and who is appointed by the president of the senate.

4. Two public school psychologists, one of whom is from a county with a population of at least one million two hundred thousand persons and who is appointed by the president of the senate and one of whom is from a county with a population of less than one million two hundred thousand persons and who is appointed by the speaker of the house of representatives.

5. Two parents of current empowerment scholarship account recipients.

6. The superintendent of public instruction or the superintendent's designee.

B. The president of the senate and the speaker of the house of representatives shall each designate one of the legislative members to serve as a cochairperson of the committee. The cochairpersons shall be members of different political parties.

C. The empowerment scholarship account special education study committee shall:

1. Identify, examine and evaluate the needs of qualified students who receive an empowerment scholarship account.

2. Review the funding levels, process, duration and execution of and the authority by which qualified students receive special education services through the empowerment scholarship account program pursuant to section 15‑2402, Arizona Revised Statutes.

3. Research and evaluate the differences between receiving special education services through a public or charter school and the empowerment scholarship account program.

4. Provide analyses and recommendations to improve delivery of special education services to qualified students.

5. Examine whether a child with special needs who receives an empowerment scholarship account monies should be allowed to continue to receive monies allocated pursuant to title 15, chapter 19, Arizona Revised Statutes, until the child reaches twenty-two years of age if the child's individualized education program team determines that the child is likely to graduate from high school by the time the child reaches twenty-two years of age.

D. The empowerment scholarship account special education study committee may:

1. Request information, data and reports from any county or state agency or political subdivision of this state. If possible, information shall be provided electronically.

2. Hold hearings and take testimony from stakeholders who may assist the committee in fulfilling its responsibilities.

E. On the request of the empowerment scholarship account special education study committee, an agency of this state shall provide to the committee its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.

F. The legislature and the department of education shall provide staff and support services to the study committee.

G. All meetings of the study committee shall be open to the public.

H. Members of the study committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

I. On or before December 31, 2015, the study committee shall submit a report regarding its findings and recommendations to the governor, the speaker of the house of representatives, the president of the senate and the superintendent of public instruction and shall provide a copy of the report to the secretary of state.

J. For the purposes of this section, "qualified student" means a student who received a scholarship pursuant to section 15-2401, paragraph 6, subdivision (a), item (i), (ii) or (iii), Arizona Revised Statutes.

K. This section is repealed from and after September 30, 2016.