REFERENCE TITLE: empowerment scholarship accounts; student victims
State of Arizona
House of Representatives
First Regular Session
amending section 15‑2401, Arizona Revised Statutes; amending Title 15, chapter 19, article 1, Arizona Revised Statutes, by adding section 15‑2405; 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:
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 course of study for content areas or grade levels, including any supplemental materials required or recommended 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 is located in this state or, for qualified students who reside within the boundaries of an Indian reservation in this state, that is located in an adjacent state and that is within two miles of the border of the state in which the qualified student resides, and that does not discriminate on the basis of race, color or national origin.
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 an Arizona empowerment scholarship 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 or deaf or hard of hearing as defined in section 36‑1941.
(xii) The alleged victim of assault pursuant to section 13‑1203, harassment, hazing, kidnapping pursuant to section 13‑1304, aggravated assault pursuant to section 13‑1204, theft pursuant to section 13‑1802, BURGLARY pursuant to section 13‑1506, 13‑1507 or 13‑1508, sexual HARASSMENT, a sexual offense as defined in section 13‑1420, threatening or intimidating pursuant to section 13‑1202, fighting, sex trafficking pursuant to section 13‑1307 or trafficking of persons for forced labor or services pursuant to section 13‑1308 and the incident occurred on school grounds, on a school bus, at a school bus stop or at a school‑sponsored event or activity, including through the use of electronic technology or an electronic communication on a school computer, network, forum or mailing list.
(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 an Arizona empowerment scholarship account.
(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 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 before 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.
Sec. 2. Title 15, chapter 19, article 1, Arizona Revised Statutes, is amended by adding section 15-2405, to read:
15-2405. Incident reports; school district obligations; department obligations
A. on receipt of a police report or an administrative or court pleading involving an incident OF assault, HARASSMENT, HAZING, KIDNAPPING, aggravated assault, theft, burglary, SEXUAL HARASSMENT, a SEXUAL offense, THREATENING or INTIMIDATION, FIGHTING, SEX TRAFFICKING OR TRAFFICKING of persons for forced labor or services as prescribed in section 15‑2401, paragraph 7, subdivision (a), item (xii), the school principal or the principal's designee shall provide a copy of the report to the parent of the student who is the alleged victim of the incident and investigate the incident. Within twenty‑four hours after receiving the report, the principal or the principal's designee shall provide a copy of the report to the parent of the alleged offender if the alleged offender is a minor and to the superintendent of the school district or the chief administrative officer of the charter school. on conclusion of the investigation or within fifteen days after the incident was reported, whichever occurs first, the school district or charter school shall notify the parent of the alleged victim about eligibility for an Arizona empowerment scholarship account.
B. In addition to any other duties prescribed in this chapter, THE DEPARTMENT SHALL:
1. CROSS-CHECK THE LIST OF qualified STUDENTS WITH THE PUBLIC SCHOOL ENROLLMENT LISTS TO AVOID DUPLICATION.
2. MAINTAIN A LIST OF NATIONALLY NORM-REFERENCED TESTS IDENTIFIED FOR THE PURPOSE OF SATISFYING THE TESTING REQUIREMENTS PRESCRIBED IN THIS CHAPTER.
3. REQUIRE QUARTERLY REPORTS BY AN ELIGIBLE NONPROFIT SCHOLARSHIP FUNDING ORGANIZATION REGARDING THE NUMBER OF STUDENTS PARTICIPATING IN arizona empowerment scholarship accounts, THE PRIVATE SCHOOLS IN WHICH THE STUDENTS ARE ENROLLED AND OTHER INFORMATION DEEMED NECESSARY BY THE DEPARTMENT.
4. CONTRACT WITH AN INDEPENDENT ENTITY TO PROVIDE AN ANNUAL report. In preparing the annual report, the independent entity shall do all of the following:
(a) REVIEW EACH PUBLIC SCHOOL's incident PREVENTION PROGRAM TO DETERMINE AREAS IN THE SCHOOL OR SCHOOL DISTRICT PROCEDURES INVOLVING REPORTING, INVESTIGATING AND COMMUNICATING PARENT AND STUDENT RIGHTS THAT NEED IMPROVEMENT. AT A MINIMUM, THE REVIEW MUST:
(i) ASSESS THE INVESTIGATION TIME AND QUALITY OF THE RESPONSE OF THE school or charter school.
(ii) ASSESS THE EFFECTIVENESS OF COMMUNICATION PROCEDURES WITH THE STUDENTS INVOLVED IN AN INCIDENT, THE STUDENTS' PARENTS AND THE SCHOOL DISTRICT and charter school PERSONNEL.
(iii) ANALYZE PUBLIC SCHOOL INCIDENT AND DISCIPLINE DATA.
(iv) ASSESS THE CHALLENGES AND OBSTACLES RELATING TO IMPLEMENTING RECOMMENDATIONS FROM THE REVIEW.
(b) REVIEW EACH PUBLIC SCHOOL's incident PREVENTION PROGRAM IN ORDER TO IDENTIFY BEST PRACTICES AND MAKE RECOMMENDATIONS TO the PUBLIC SCHOOL AT WHICH an INCIDENT OCCURRED.
(c) REVIEW THE academic PERFORMANCE OF PARTICIPATING STUDENTS ENROLLED IN A PRIVATE SCHOOL under an Arizona empowerment scholarship account.
(d) Conduct a sURVEY OF parents of qualified STUDENTs TO assess ACADEMIC performance, SAFETY concerns AND overall SATISFACTION AND TO IDENTIFY ANY CHALLENGES TO OR OBSTACLES IN ADDRESSING THE INCIDENTs OR RELATING TO THE USE OF Arizona empowerment SCHOLARSHIP accounts.
Sec. 3. Short title
This act may be cited as the "Lifeline for Student Crime Victims Act".