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REFERENCE TITLE: ESAs; children with disabilities; requirements. |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2687 |
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Introduced by Representatives Pawlik: Aguilar, Contreras P, De Los Santos, Gutierrez, Hernandez A, Hernandez C, Longdon, Quiñonez, Sandoval, Schwiebert, Seaman, Terech, Travers, Villegas; Senator Bravo
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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; application; services for children with disabilities
A. Except as provided in section 15-2402, subsection J and this section, 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 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. 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.
E. Notwithstanding subsections C and D of this section, a qualified school that accepts a payment from a parent or qualified student pursuant to this chapter shall do both of the following:
1. nOTIFY IN WRITING THE PARENT 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 PAYS TUITION OR FEES FROM AN ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNT TO THE QUALIFIED SCHOOL. THE NOTIFICATION PRESCRIBED IN THIS PARAGRAPH IS NOT REQUIRED IN SUBSEQUENT YEARS OF ENROLLMENT AT THE SAME QUALIFIED SCHOOL.
2. If a qualified student has an individualized education program or section 504 plan, provide all accommodations and services that are required under the qualified student's individualized education program or section 504 plan unless a parent or the qualified student waives in writing the accommodations or services. If the qualified school fails to either provide the accommodations and services or obtain a written waiver pursuant to this paragraph, the qualified student may transfer out of the qualified school and is entitled to a refund for the portion of the school year for which the student paid tuition and fees but did not attend the qualified school.