REFERENCE TITLE: empowerment scholarships; qualified schools; parent

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

HB 2898

 

Introduced by

Representatives Cobb: Kern

 

 

AN ACT

 

AMENDING section 15‑2401, Arizona Revised Statutes; relating to Arizona 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.  "Annual education plan" means an initial individualized evaluation and subsequent annual reviews that are developed for a qualified student who meets the criteria specified in paragraph 7, subdivision (a), item (i), (ii) or (iii) of this section to determine ongoing annual eligibility through the school year in which the qualified student reaches twenty‑two years of age and whether the student may be eligible pursuant to section 36‑2981 and should be referred for eligibility determination.

2.  "Curriculum" means a complete course of study for content areas or grade levels, including any supplemental materials required by the curriculum, approved by the department.

3.  "Department" means the department of education.

4.  "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.

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

6.  "Qualified school" means a nongovernmental primary or secondary school or a preschool for pupils with disabilities that does not discriminate on the basis of race, color or national origin and that is one of the following:

(a)  Located in this state and that does not discriminate on the basis of race, color or national origin.

(b)  For qualified students who reside within the boundaries of an Indian reservation in this state, located in an adjacent state within two miles of the border of this state.

(c)  For qualified students who reside within a town in this state with a population of less than ten thousand persons that is within a county with a population of at least one hundred fifty thousand persons but less than five hundred thousand persons and that is part of a community that is split between this state and an adjacent state, located in the adjacent state within two miles of the border of this state.

7.  "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 15‑731 or 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, unless the qualified student's parent has been removed from eligibility in the program for failure to comply pursuant to section 15‑2403, subsection C.

(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 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.

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

(ix)  A child who is the sibling of a current or previous Arizona empowerment scholarship account recipient or of an eligible qualified student who accepts the terms of and enrolls in the an Arizona empowerment scholarship program account.

(x)  A child who resides within the boundaries of an Indian reservation in this state as determined by the department of education or a tribal government.

(xi)  A child of a parent who is legally blind pursuant to section 41‑1973, subsection C or deaf or hard of hearing pursuant to as defined in section 36‑1941.

(b)  And, except as provided in subdivision (a), item (vi) 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 Arizona empowerment scholarship account.  First, second and third grade students who are enrolled in Arizona online instruction must receive four hundred hours of logged instruction to be eligible pursuant to this item.  Fourth, fifth and sixth grade students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item.  Seventh and eighth grade students who are enrolled in Arizona online instruction must receive five hundred fifty hours of logged instruction to be eligible pursuant to this item.  High school students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item.

(ii)  Previously participated in the an Arizona 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 before 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 or attended a program for preschool children with disabilities.

(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.

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