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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
ESAs; children with disabilities; requirements
Purpose
Requires a qualified school that accepts empowerment scholarship account (ESA) monies to notify the prospective parents of a child with a disability of the special education services and therapies offered before the parent pays tuition and fees and to provide all accommodations and services required under a qualified student's Individualized Education Program (IEP) or Section 504 plan. Authorizes a qualified student to transfer out of the qualified school under certain circumstances and receive a refund for tuition and fees as specified.
Background
The federal
Individuals with Disabilities Education Act is established to ensure that all
children with disabilities have free, appropriate public education that
emphasizes special education and related services designed to meet their unique
needs and prepare them for further education, employment and independent
living. A public school must have an IEP in effect for each child with a
qualifying disability in specified categories. An IEP is a written statement
that includes:
1) a child's academic achievement and functional performance and goals; 2) the
services, aids, support and any individual accommodations to be provided; 3)
the projected beginning date of the services and modifications; and 4)
beginning when the child is 16 years old, appropriate postsecondary goals and
the transition services to assist in reaching those goals (20 U.S.C. §§ 1400
and 1414).
Section 504 of the federal Rehabilitation Act of 1973 (Section 504) prohibits discrimination, exclusion from participation and denial of benefits based on disability under any program or activity receiving federal financial assistance (29 U.S.C. § 794). A Section 504 plan is a written statement developed for a pupil with a disability that includes the provision of regular or special education and related aids and services, including assistive technology, that is designed to meet individual educational needs (A.R.S. § 15-731).
Statute
prescribes categories of qualified students who are eligible for
an ESA, excluding the expanded ESA eligibility that includes a resident of
Arizona who is eligible to enroll in an Arizona public school and who does not
otherwise qualify for an ESA. A qualified student includes an Arizona
resident who is: 1) identified as having a disability under a Section 504 plan;
2) identified by a school district or independent third party as a child
with a disability; and 3) a child with a disability who is eligible to
receive IEP services (A.R.S. §§ 15-2401
and 15-2401.01).
Child with a
disability means a child who: 1) is at least 3 years but younger than 22
years of age; 2) has been evaluated and found to have at least one of the
specified disabilities; and
3) because of the disability, needs special education and related services (A.R.S.
§ 15-761).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a qualified school that accepts an ESA payment from a parent or qualified student to:
a) notify in writing the parent of a prospective student who identifies as a child with a disability 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 ESA to the qualified school; and
b) if a qualified student has an IEP or Section 504 plan, provide all accommodations and services that are required under the qualified student's IEP or Section 504 plan, unless a parent or the qualified student waives in writing the accommodations or services.
2. Specifies that a qualified school is not required to provide the notification to a parent in subsequent years of enrollment at the same qualified school.
3. Authorizes a qualified student to transfer out of a qualified school if the qualified school fails to:
a) provide the accommodations and services required under the qualified student's IEP or Section 504 plan; or
b) obtain a written waiver from the qualified student or student's parent that waives the provision of accommodations or services required under the qualified student's IEP or Section 504 plan.
4. Entitles a qualified student who transfers out of a qualified school for the qualified school's failure to provide the accommodations and services or obtain the written waiver 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.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
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