Bill Text: AZ HB2626 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Empowerment scholarship accounts; expansion
Spectrum: Partisan Bill (Republican 11-0)
Status: (Vetoed) 2012-04-04 - Governor Vetoed [HB2626 Detail]
Download: Arizona-2012-HB2626-Introduced.html
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REFERENCE TITLE: empowerment scholarship accounts; expansion |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2626 |
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Introduced by Representative Lesko, Senators Gould, Klein, Melvin, Murphy, Yarbrough: Representatives Barton, Harper, Olson, Pierce, Robson
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AN ACT
amending sections 15‑1182, 15‑2401 and 15‑2402, 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 15-1182, Arizona Revised Statutes, is amended to read:
15-1182. Special education fund; administration
A. There is established a special education fund, which shall consist of legislative appropriations made to the fund for purposes of this section and section 15‑1202 and chapter 19, article 1 of this title.
B. The fund shall be administered by the superintendent of public instruction for the purposes provided in this article and article 7 of this chapter and chapter 19, article 1 of this title.
C. Each fiscal year the state board of education shall include in its budget request for assistance to schools a separate line item for the fund.
D. The fund shall provide monies for the education of a child who has been placed in a residential facility by a state placing agency or who requires a residential special education placement as defined in section 15‑761 or for deposit into an Arizona empowerment scholarship account pursuant to section 15‑2402.
E. If a child has been placed in a residential facility by a state placing agency, the fund shall provide monies for the following types of vouchers:
1. Initial residential education vouchers to fund the educational costs for any child, whether or not eligible for special education. This paragraph applies to a child who has been placed in a residential facility and who has either not received a comprehensive education evaluation as provided in section 15‑766, who has previously received such an evaluation and was determined to be ineligible for special education services or who is eligible for special education and for whom necessary procedures for changing the child's educational placement must be completed. This voucher expires on the expiration of sixty calendar days or completion of the educational evaluation or review of special education placement, whichever occurs first.
2. Continuing residential education vouchers that fund the educational costs for any child, whether or not eligible for special education, who requires placement in a residential facility after the expiration of the initial education voucher and who is not eligible for a residential special education voucher.
F. When a school district makes a residential special education placement, the fund shall provide monies to fund the residential special education placement.
G. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. Any monies left unexpended may be distributed to school districts by the department of education for the following purposes:
1. To provide educational counseling, training and support services to a child with a disability in order to maintain the child's educational placement in the least restrictive environment.
2. To provide educational transition assistance to children who return to their home after placement in a residential facility.
3. To train personnel for and develop and implement model programs for use by school districts to serve children with emotional disabilities.
H. The total amount of state monies that may be spent in any fiscal year by the superintendent of public instruction for the purposes of this article and chapter 19, article 1 of this title shall not exceed the amount appropriated or authorized by section 35‑173 for that purpose. This article shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
Sec. 2. Section 15-2401, Arizona Revised Statutes, is amended to read:
15-2401. Definitions
In this chapter, unless the context otherwise requires:
1. "Department" means the department of education.
2. "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.
3. "Parent" means a resident of this state who is the parent or legal guardian of a qualified student.
4. "Qualified school" means a nongovernmental primary or secondary school or a preschool for handicapped students that is located in this state and that does not discriminate on the basis of race, color or national origin.
5. "Qualified student" means a resident of this state who both:
(a) Is either:
(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 as a child with a disability as defined in section 15‑761. or
(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.
(v) A previous recipient of a scholarship issued pursuant to section 15‑891.
(vi) A child of a parent who is a member of the armed forces of the United States.
(vii) A child with a guardian who is a member of the armed forces of the United States.
(viii) A child who attended a public preschool program in the previous school year.
(b) And who Did any of the following:
(a) (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 to a qualified school.
(b) (ii) Participated in the empowerment scholarship account program in the previous year and whose parent renews the agreement pursuant to section 15‑2402, subsection B D.
(c) (iii) Received or was deemed eligible by a school tuition organization for a scholarship under section 43‑1505 and who continues to attend a qualified school.
6. "Treasurer" means the office of the state treasurer.
Sec. 3. Section 15-2402, Arizona Revised Statutes, is amended to read:
15-2402. Arizona empowerment scholarship accounts
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. Provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science.
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.
3. Not accept a scholarship from a school tuition organization pursuant to title 43 for the qualified student in the same year a parent signs the agreement pursuant to subsection B of 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 fees at a qualified school.
(b) Textbooks required by a qualified school.
(c) Educational therapies or services for the qualified student from a licensed or accredited practitioner or provider.
(d) Tutoring services provided by a tutor 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, advanced placement examinations or any exams related to college or university admission.
(h) Contributions to a qualified tuition program established pursuant to 11 26 United States Code section 529.
(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 department.
(l) Services provided by a public school, including individual classes and extracurricular programs.
C. In exchange for the parent's agreement pursuant to subsection B of this section, the department shall transfer from the special education fund pursuant to section 15‑1182 monies that would otherwise be allocated to a recipient's previous school district to the treasurer for deposit into an Arizona empowerment scholarship account an amount that is equivalent to ninety per cent of the base support level prescribed in section 15‑943 for that particular student.
D. 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 or individualized education 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.
E. A signed agreement under this section constitutes school attendance required by section 15‑802.
F. 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 child student in any manner.
G. 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.
H. Monies received pursuant to this article does do not constitute taxable income to the parent of the qualifying qualified student.
