REFERENCE TITLE: ESAs; qualified schools; tuition rates.





State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session





HB 2862


Introduced by

Representatives Schwiebert: Austin, Blattman, Contreras L, Contreras P, Crews, De Los Santos, Gutierrez, Hernandez A, Ortiz, Pawlik, Quiñonez, Sandoval, Seaman, Stahl Hamilton, Terech, Villegas









An Act


amending section 15-2404, Arizona Revised Statutes; relating to Arizona empowerment scholarship accounts.





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

Section 1. Section 15-2404, Arizona Revised Statutes, is amended to read:

START_STATUTE15-2404. State control over nonpublic schools; prohibition; application; tuition increase limit

A. Except as provided in section 15-2402, subsection J and this section, this chapter does not permit allow any government agency to exercise control or supervision over any nonpublic school or homeschool.

B. A qualified school that accepts a payment from a parent pursuant to this chapter is not an agent of the state or federal government.

C. A qualified school shall not be required to alter its creed, practices, admissions policy or curriculum in order to accept students whose parents pay tuition or fees from an Arizona empowerment scholarship account pursuant to this chapter in order to participate as a qualified school.

D. In any legal proceeding challenging the application of this chapter to a qualified school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on qualified schools.

E. A qualified school may not increase tuition and related fees for qualified students at a rate that exceeds the percentage change in the consumer price index for the previous year. END_STATUTE