Bill Text: AZ HB2250 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Empowerment scholarship accounts; applications
Spectrum: Partisan Bill (Republican 14-0)
Status: (Engrossed - Dead) 2015-04-03 - House final reading , voting: (29-27-4-0) [HB2250 Detail]
Download: Arizona-2015-HB2250-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2250 |
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AN ACT
amending sections 15‑2401, 15-2402 and 15-2403, 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:
15-2401. 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 J, 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, unless the qualified student's parent has forfeited participation in the program for failure to comply with 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 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 first-time current or previous empowerment scholarship account recipient.
(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 or attended a program for preschool children with disabilities for fewer than one hundred days.
7. "Treasurer" means the office of the state treasurer.
8. "Vocational and life skills education" means private vocational and technical preparation programs for pupils in grades nine through twelve in this state.
Sec. 2. Section 15-2402, Arizona Revised Statutes, is amended to read:
15-2402. Arizona empowerment scholarship accounts; funds
A. Arizona empowerment scholarship accounts are established to provide options for the education of students in this state.
B. To enroll a qualified student for an empowerment scholarship account, the parent of the qualified student must sign an agreement to do all of the following:
1. Use a portion of the empowerment scholarship account monies allocated each quarter to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science, unless the empowerment scholarship account is allocated monies according to a transfer schedule other than quarterly transfers pursuant to section 15‑2403, subsection F.
2. Not enroll the qualified student in a school district or charter school and release the school district from all obligations to educate the qualified student. This paragraph does not relieve the school district or charter school that the qualified student previously attended from the obligation to conduct an evaluation pursuant to section 15‑766.
3. Not accept a scholarship from a school tuition organization pursuant to title 43 concurrently with an empowerment scholarship account for the qualified student in the same year a parent signs the agreement pursuant to this section.
4. Use the money deposited in the qualified student's Arizona empowerment scholarship account only for the following expenses of the qualified student:
(a) Tuition or and the following fees at a qualified school: .
(b) Textbooks required by a qualified school.
(c) Educational therapies or services from a licensed or accredited practitioner or provider, including licensed or accredited paraprofessionals or educational aides, if the qualified student meets any of the criteria specified in section 15‑2401, paragraph 6, subdivision (a), item (i), (ii) or (iii) as determined by a school district or by an independent third party pursuant to section 15‑2403, subsection I.
(i) Registration fees.
(ii) Library fees.
(iii) Student transfer fees.
(iv) Laboratory fees.
(v) Late enrollment fees.
(b) Textbooks required by a qualified school.
(c) If the qualified student meets any of the criteria specified in section 15-2401, paragraph 6, subdivision (a), item (i), (ii) or (iii) as determined by a school district or by an independent third party pursuant to section 15-2403, subsection J, the following additional services:
(i) Educational therapies from a licensed or accredited practitioner or provider.
(ii) A licensed or accredited paraprofessional or educational aide.
(iii) Tuition for vocational and life skills education provided by an instructor who is accredited by a state regional or national accrediting organization.
(iv) Associated services that include educational and psychological evaluations, assistive technology rentals and braille translation services.
(d) Tutoring or teaching services provided by an individual or facility accredited by a state, regional or national accrediting organization.
(e) Curriculum.
(f) Tuition or fees for a nonpublic online learning program.
(g) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination or any exams related to college or university admission.
(h) Contributions to a Coverdell education savings account established pursuant to 26 United States Code section 530 for the benefit of the qualified student, except that money used for elementary or secondary education expenses must be for expenses otherwise allowed under this section.
(i) Tuition or fees at an eligible postsecondary institution.
(j) Textbooks required by an eligible postsecondary institution.
(k) Fees for management of the empowerment scholarship account by firms selected by the treasurer.
(l) Services provided by a public school, including individual classes and extracurricular programs.
(m) Insurance or surety bond payments as required by the department of education.
5. Not file an affidavit of intent to homeschool pursuant to section 15‑802, subsection B, paragraph 2 or 3.
6. Not use monies deposited in the qualified student's account for any of the following:
(a) Computer hardware or other technological devices.
(b) Transportation of the pupil.
(c) Consumable educational supplies, including paper, pens or markers.
C. In exchange for the parent's agreement pursuant to subsection B of this section, the department shall transfer from the monies that would otherwise be allocated to a recipient's prior school district, or if the child is currently eligible to attend kindergarten, the monies that the department determines would otherwise be allocated to a recipient's expected school district of attendance, to the treasurer for deposit into an Arizona empowerment scholarship account an amount that is equivalent to ninety per cent percent of the sum of the base support level and additional assistance prescribed in sections 15‑185 and 15‑943 for that particular student if that student were attending a charter school. The department may retain up to five per cent percent of the sum of the base support level and additional assistance prescribed in sections 15‑185 and 15‑943 for each student with an empowerment scholarship account for deposit in the department of education empowerment scholarship account fund established in subsection D of this section, out of which the department shall transfer one per cent two percent of the sum of the base support level and additional assistance prescribed in sections 15‑185 and 15‑943 for each student with an empowerment scholarship account to the state treasurer for deposit in the state treasurer empowerment scholarship account fund established in subsection E of this section.
D. The department of education empowerment scholarship account fund is established consisting of monies retained by the department pursuant to subsection C of this section. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. Monies in the fund shall be used for the department's costs in administering empowerment scholarship accounts under this chapter. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. If the number of empowerment scholarship accounts significantly increases after fiscal year 2012‑2013, the department may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35‑113.
E. The state treasurer empowerment scholarship account fund is established consisting of monies transferred by the department to the state treasurer pursuant to subsection C of this section. The state treasurer shall administer the fund. Monies in the fund shall be used for the state treasurer's costs in administering the empowerment scholarship accounts under this chapter. If the number of empowerment scholarship accounts significantly increases after fiscal year 2013‑2014, the state treasurer may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35‑113. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
F. A parent must renew the qualified student's empowerment scholarship account on an annual basis. Notwithstanding any changes to the student's multidisciplinary evaluation team plan, a student who has previously qualified for an empowerment scholarship account shall remain eligible to apply for renewal until the student finishes high school.
G. A signed agreement under this section constitutes school attendance required by section 15‑802.
H. A qualified school or a provider of services purchased pursuant to subsection B, paragraph 4 of this section may not share, refund or rebate any Arizona empowerment scholarship account monies with the parent or qualified student in any manner.
I. On the qualified student's graduation from a postsecondary institution or after any period of four consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, the qualified student's Arizona empowerment scholarship account shall be closed and any remaining funds shall be returned to the state.
J. Monies received pursuant to this article do not constitute taxable income to the parent of the qualified student.
Sec. 3. Section 15-2403, Arizona Revised Statutes, is amended to read:
15-2403. Empowerment scholarship accounts; administration; audit; rules; list of eligible expenses; report
A. The treasurer may contract with private financial management firms to manage Arizona empowerment scholarship accounts with the supervision of the treasurer.
B. The department shall conduct or contract for annual audits of empowerment scholarship accounts to ensure compliance with section 15‑2402, subsection B, paragraph 4. The department shall also conduct or contract for random, quarterly and annual audits of empowerment scholarship accounts as needed to ensure compliance with section 15‑2402, subsection B, paragraph 4.
C. The department may remove any parent or qualified student from eligibility for an Arizona empowerment scholarship account if the parent or qualified student fails to comply with the terms of the contract or applicable laws, rules or orders or knowingly misuses monies or knowingly fails to comply with the terms of the contract with intent to defraud and shall notify the treasurer. The department shall notify the treasurer to suspend the account of a parent or qualified student and shall notify the parent or qualified student in writing that the account has been suspended and that no further transactions will be allowed or disbursements made. The notification shall specify the reason for the suspension and state that the parent or qualified student has ten days, not including weekends, to respond and take corrective action. If the parent or qualified student refuses or fails to contact the department, furnish any information or make any report that may be required for reinstatement within the ten-day period, the department may remove the parent or qualified student pursuant to this subsection.
D. A parent may appeal the department's decision pursuant to title 41, chapter 6, article 10.
E. The department may refer cases of substantial misuse of monies to the attorney general for investigation if the department obtains evidence of fraudulent use of an account.
F. The department shall make quarterly transfers of the amount calculated pursuant to section 15‑2402, subsection C to the treasurer for deposit into the empowerment scholarship account of each qualified student, except the department may make transfers according to another transfer schedule if the department determines a transfer schedule other than quarterly transfers is necessary for the operation of the empowerment scholarship account.
G. The department shall determine a period that is accept applications between July 1 and May 1 of each year during which it will accept applications for the following fiscal year. the department shall issue an award letter to eligible applicants within forty‑five days after receipt of a completed application and all required documentation, subject to the enrollment cap prescribed by law and, for new applicants, subject to the requirements prescribed in section 15-2401, paragraph 6, subdivision (b), item (i). On or before May 30 of each year, the department shall furnish to the joint legislative budget committee an estimate of the amount required to fund empowerment scholarship accounts for the following fiscal year. The department shall include in its budget request for the following fiscal year the amount estimated in section 15‑2402, subsection C for each qualified student.
H. The department shall include a designation on empowerment scholarship account applications where qualified students may notify the department whether the qualified student's siblings are also applying for an empowerment scholarship account in the current year.
H. I. The department may adopt rules and policies necessary for the administration of empowerment scholarship accounts, including:
1. Policies for conducting or contracting for examinations of the use of account monies.
2. Conducting or contracting for random, quarterly and annual reviews of accounts.
3. Establishing or contracting for the establishment of an online anonymous fraud reporting service.
4. Establishing an anonymous telephone hotline for fraud reporting.
5. Policies that require a surety bond or insurance for account holders.
I. J. The department shall contract with an independent third party for the purposes of determining if a qualified student is eligible to receive educational therapies or services pursuant to section 15‑2402, subsection B, paragraph 4, subdivision (c).
K. The department shall develop minimum criteria for the approval of purchases pursuant to section 15-2402, subsection B paragraph 4. The department shall prominently post and update once every month on its website a list of approved providers based on the minimum adopted criteria.
L. Beginning in 2019 and every three years thereafter, the auditor general shall issue to the governor, the president of the senate, the speaker of the house of representatives and the department of education a report that summarizes the department of education's financial management of the accounts. The report shall include the amount of monies that empowerment scholarship account holders spent on different purchase categories, the amount of monies spent due to fraudulent account use, the number of account holders whose accounts were terminated and the reason for the termination and the number of account holders that were referred to the attorney general for prosecution.
Sec. 4. 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 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 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 purpose 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.
