Page 3,
after line 19, insert:
"Sec. 2. Section
15-2402, Arizona Revised Statutes, is amended to read:
START_STATUTE15-2402. 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 annually 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 fees at a qualified school.
(b) Textbooks
required by a qualified school.
(c) If
the qualified student meets any of the criteria specified in section 15‑2401,
paragraph 6 7, 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, the
qualified student may use 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 approved by the department.
(iv) Associated
services that include educational and psychological evaluations, assistive
technology rentals and braille translation services approved by the department.
(d) Tutoring
or teaching services provided by an individual or facility accredited by a
state, regional or national accrediting organization.
(e) Curricula.
(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) (h) Tuition
or fees at an eligible postsecondary institution.
(j) (i) Textbooks
required by an eligible postsecondary institution.
(k) (j) Fees
for management of the empowerment scholarship account.
(l) (k) Services
provided by a public school, including individual classes and extracurricular
programs.
(m) (l) Insurance
or surety bond payments.
(n) (m) Uniforms
purchased from or through a qualified school.
(o) (n) Beginning
January 1, 2017, if the qualified student meets the criteria specified in
section 15‑2401, paragraph 7, subdivision (a), item (i), (ii) or (iii)
and if the qualified student is in the second year prior to the final year of a
contract executed pursuant to this article, costs associated with an annual
education plan conducted by an independent evaluation team. The department
shall prescribe minimum qualifications for independent evaluation teams
pursuant to this subdivision and factors that teams must use to determine
whether the qualified student shall be eligible to continue to receive monies
pursuant to this article through the school year in which the qualified student
reaches twenty‑two years of age. An independent evaluation
team that provides an annual education plan pursuant to this subdivision shall
submit a written report that summarizes the results of the evaluation to the
parent of the qualified student and to the department on or before July
31. The written report submitted by the independent evaluation team
is valid for one year. If the department determines that the
qualified student meets the eligibility criteria prescribed in the annual education
plan, the qualified student is eligible to continue to receive monies pursuant
to this article until the qualified student reaches twenty‑two years of
age, subject to annual review. A parent may appeal the department's
decision pursuant to title 41, chapter 6, article 10. As an addendum
to a qualified student's final-year contract, the department shall provide the
following written information to the parent of the qualified student:
(i) That
the qualified student will not be eligible to continue to receive monies pursuant
to this article unless the results of an annual education plan conducted
pursuant to this subdivision demonstrate that the qualified student meets the
eligibility criteria prescribed in the annual education plan.
(ii) That
the parent is entitled to obtain an annual education plan pursuant to this
subdivision to determine whether the qualified student meets the eligibility
criteria prescribed in the annual education plan.
(iii) A
list of independent evaluation teams that meet the minimum qualifications
prescribed by the department pursuant to this subdivision.
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 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 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
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.
G. 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.
H. If a parent does not renew the
qualified student's Arizona empowerment scholarship account for a period of
three academic years, the department shall notify the parent that the qualified
student's account will be closed in sixty calendar days. The
notification must be sent through certified mail, email and telephone, if
applicable. The parent has sixty calendar days to renew the qualified
student's Arizona empowerment scholarship account. If the parent
chooses not to renew or does not respond in sixty calendar days, the department
shall close the account and any remaining monies shall be returned to the
state.
G. I. A signed agreement
under this section constitutes school attendance required by section 15‑802.
H. J. 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. K. 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. L. Monies received
pursuant to this article do not constitute taxable income to the parent of the
qualified student. END_STATUTE
Sec. 3. Appropriations;
department of education empowerment scholarship account fund; department of
education; state board of education; Arizona empowerment scholarship accounts;
exemption
A. The
following sums are appropriated from the state general fund in fiscal year 2020‑2021
to the department of education empowerment scholarship account fund established
by section 15‑2402, Arizona Revised Statutes, as amended by this act, and
are appropriated from the department of education empowerment scholarship
account fund to the department of education:
1. $276,000
and five FTE positions to establish a dedicated call center for exclusive use
for the Arizona empowerment scholarship account program at the department of
education that works in conjunction with the exceptional student services division
or its successor division.
2. $388,000
and six FTE positions for case managers to review and approve Arizona
empowerment scholarship account applications at the department of education.
In addition to hiring new case managers pursuant to this paragraph, the department
of education shall transition existing employees who review and approve
applications out of their existing roles to employ a case management approach
to serving applicants to the Arizona empowerment scholarship account program in
which an applicant has a main point of contact.
3. $136,000
and two FTE positions for accounting staff to support the administrative
responsibilities pertaining to a system provided by a third-party private
financial management company.
B. The
sum of $150,000 is appropriated from the state general fund in fiscal year 2020‑2021
to the department of education to conduct statewide seminars and trainings for
applicants for Arizona empowerment scholarship accounts and for staff
professional development, marketing and community outreach activities relating
to Arizona empowerment scholarship accounts, particularly in rural communities.
C. The
sum of $100,000 and one FTE position are appropriated from the state general
fund in fiscal year 2020‑2021 to the state board of education to provide
administrative support for the rulemaking process and for the purposes of
appeals that are brought to the state board of education under title 15,
chapter 19, Arizona Revised Statutes, as amended by this act.
D. The
sum of $50,000 is appropriated from the state general fund in fiscal year 2020‑2021
to the state board of education for attorney general legal services for the
appeals program under title 15, chapter 19, Arizona Revised Statutes, as
amended by this act.
E. The
appropriations made in this section are exempt from the provisions of section
35‑190, Arizona Revised Statutes, relating to lapsing of
appropriations."
Amend title to conform
Bill
Number: S.B. 1224