ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: ED DP 9-1-0-0

HB 2040: ESAs; special education services; notification

Sponsor: Representative Udall, LD 25

Caucus & COW

Overview

Requires a qualified school to notify the guardian of a prospective qualified student of the special education services and therapies the qualified school will provide before the guardian pays tuition or fees from an Arizona Empowerment Scholarship Account (ESA).

History

A qualified school is a nongovernmental primary or secondary school or preschool for students with disabilities that is located in Arizona or, for qualified students who reside within the boundaries of an Indian reservation in Arizona, in an adjacent state within two miles of the state in which the qualified student lives. Additionally, a qualified school may not discriminate on the basis of race, color or national origin.

Statute outlines students who may be a qualified student. A qualified student may include an Arizona resident who is: 1) identified as having a disability under federal law; 2) identified by a school district or independent third party as being a child with a disability; or 3) a child with a disability who is eligible to receive services from a school district (A.R.S § 15-2401).

Statute outlines the permissible uses of ESA monies, which include spending monies for tuition or fees, educational therapies or associated goods and services (A.R.S. § 15-2402).

Provisions

1. Mandates a qualified school provide written notification to the guardian of a prospective and disabled qualified student of the individual special education services and therapies the qualified school will provide to the student before the guardian pays tuition or fees from an ESA. (Sec. 1)

2. States that the notification is not required in subsequent years of enrollment at the same qualified school. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

6. ---------- DOCUMENT FOOTER ---------

7. HB 2040

8. Initials CH Page 0 Caucus & COW

10. ---------- DOCUMENT FOOTER ---------