*Sponsorship has changed since the bill was introduced
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REFERENCE TITLE: ESAs; special education services; notification |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2040 |
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*Introduced by Representative Udall
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AN ACT
amending section 15-2404, 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 15-2404, Arizona Revised Statutes, is amended to read:
15-2404. State control over nonpublic schools; prohibition; notification of special education services; application
A. 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 is 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. Notwithstanding subsection C of this section, a qualified school shall notify in writing the parent or guardian of a prospective student who meets the criteria of qualified student prescribed in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) of the individual special education services and educational therapies that the qualified school will provide to the student before the parent or guardian pays tuition or fees from an Arizona empowerment scholarship account to the qualified school. The notification prescribed in this subsection is not required in subsequent years of enrollment at the same qualified school.
D. E. 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.