Current through Register Vol. 30, No. 38, September 20, 2024
In this Article, unless the context otherwise
specifies:
1. "Administratively
complete" means an ESA application that contains all components required by
statute or this Article.
2. "Board"
means the State Board of Education.
3. "Curriculum" means a course of study for
content areas or grade levels, including any supplemental materials required or
recommended by the curriculum, approved by the Department.
4. "Department" means the Arizona Department
of Education.
5. "Eligible
postsecondary institution" means a community college as defined in A.R.S.
§
15-1401, a university under the
jurisdiction of the Arizona Board of Regents, or an accredited private
postsecondary institution.
6.
"Empowerment scholarship account" or "ESA" means an account administered by the
Department and funded by the state to provide options for the education of
qualified students pursuant to A.R.S. §
15-2401 et seq.
7. "Hearing Officer" means a non-partial
representative with either at least three years of verified experience in the
practice of law or at least one year of verified experience in conducting
hearings, who oversees hearings pursuant to this Article.
8. "Informal Settlement Conference" means a
meeting between the Department and the Parent in an attempt to settle the
appeal prior to an appeal hearing. The Board and the Hearing Officer do not
attend.
9. "Misuse of funds"
means the use of ESA funds on goods or services not permitted by A.R.S. §
15-2402, this Article or the
Department pursuant to
R7-2-1507.
10.
"Parent" means a resident of this state who is the parent, stepparent, legal
guardian, or account holder of a qualified student.
11. "Program" means the
Empowerment Scholarship Account Program.
12.
"Qualified school" means a nongovernmental primary or secondary school or a
preschool for pupils with disabilities that is located in this state or, for
qualified students who reside within the boundaries of an Indian reservation in
this state, and that is located in an adjacent state and that is within two
miles of the border of the state in which the qualified student resides, and
that does not discriminate on the basis of race, color or national
origin.
13. "Qualified student"
means a resident of this state who:
a. Is any
of the following:
i. Identified as having a
disability under section 504 of the rehabilitation act of 1973 (29 U.S.C.
794);
ii. Identified by a school district or by an
independent third party pursuant to A.R.S. §
15-2403(J) as a
child with a disability as defined in A.R.S. §
15-731 or §
15-761;
iii. A child with a disability who is
eligible to receive services from a school district under A.R.S. §
15-763;
iv. Attending a school or school district
that was assigned a letter grade of D or F pursuant to A.R.S. §
15-241 for the most recent year in
which letter grades were assigned or is currently eligible to attend
kindergarten and who resides within the attendance boundary of a school that
was assigned a letter grade of D or F pursuant to A.R.S. §
15-241 for the most recent year in
which letter grades were assigned. A child who meets the requirements of this
item and who meets the income eligibility requirements for free and
reduced-price lunches under the National School Lunch and Child Nutrition Acts
(42 U.S.C.
1751 through
1793) is not subject to
R7-2-1501(12)(b);
v. A previous recipient of a scholarship
issued pursuant to A.R.S. §
15-891 or this Section, unless the
qualified student's parent has been removed from eligibility in the Program for
failure to comply pursuant to A.R.S. §
15-2403(C);
vi. A child of a parent who is a member of
the armed forces of the United States and who is on active duty or was killed
in the line of duty. A child who meets the requirements of this subsection is
not subject to
R7-2-1501(12)(b);
vii. A child who is a ward of the juvenile
court and who is residing with a prospective permanent placement pursuant to
A.R.S. §
8-862 and the case plan is adoption
or permanent guardianship;
viii. A
child who was a ward of the juvenile court and who achieved permanency through
adoption or permanent guardianship;
ix. A child who is the sibling of a current
or previous ESA recipient or of an eligible qualified student who accepts the
terms of and enrolls in an ESA;
x.
A child who resides within the boundaries of an Indian reservation in this
state as determined by the Department or a tribal government; or
xi. A child of a parent who is legally blind
or deaf or hard of hearing as defined in A.R.S. §
36-1941.
b. And, except as provided in
R7-2-1501(12)(a)(iv)
and R7-2-1501(12)(a)(vi),
who meets any of the following requirements:
i. Attended a governmental primary or
secondary school as a full-time student as defined in A.R.S. §
15-901 for at least 45 days of the
current or prior fiscal year and who transferred from a governmental primary or
secondary school under a contract to participate in an ESA. Kindergarten
students who are enrolled in Arizona online instruction must receive 100 hours
of logged instruction to be eligible pursuant to this subsection. First, second
and third grade students who are enrolled in Arizona online instruction must
receive 200 hours of logged instruction to be eligible pursuant to this
subsection. Fourth, fifth and sixth grade students who are enrolled in Arizona
online instruction must receive 250 hours of logged instruction to be eligible
pursuant to this subsection. Seventh and eighth grade students who are enrolled
in Arizona online instruction must receive 275 hours of logged instruction to
be eligible pursuant to this subsection. High school students who are enrolled
in Arizona online instruction must receive 250 hours of logged instruction to
be eligible pursuant to this subsection. For the purposes of this subsection,
students may accumulate days of enrollment and hours of instruction in the
current or prior fiscal year, or a combination thereof;
ii. Previously participated in an
ESA;
iii. Received a scholarship
under A.R.S. §
43-1505 and who continues to
attend a qualified school if the student attended a governmental primary or
secondary school as a full-time student as defined in A.R.S. §
15-901 for at least 90 days of the
prior fiscal year or one full semester before attending a qualified
school;
iv. Was eligible for an
Arizona scholarship for pupils with disabilities and received monies from a
school tuition organization pursuant to A.R.S. §
43-1505 or received an Arizona
scholarship for pupils with disabilities but did not receive monies from a
school tuition organization pursuant to A.R.S. §
43-1505 and who continues to
attend a qualified school if the student attended a governmental primary or
secondary school as a full-time student as defined in A.R.S. § 15901 for
at least 90 days of the prior fiscal year or one full semester prior to
attending a qualified school;
v.
Attended a nonpublic school for pupils with disabilities in the prior year if
placement at the school was approved by the Department and contracted for by a
public school district.
vi. Has not previously
attended a governmental primary or secondary school but is currently eligible
to enroll in a kindergarten program in a school district or charter school in
this state or attended a program for preschool children with disabilities . For
the purposes of this item, a child is eligible to enroll in a kindergarten
program if the child is at least five years of age on January 1 of the current
school year, is under seven years of age, and has not already completed a
kindergarten program and is not enrolled in grade one of a private or
governmental school in the current year; or
vii. Has not previously
attended a governmental primary or secondary school but is currently eligible
to enroll in a program for preschool children with disabilities in this
state.
14.
"Stay" means a Parent may have access to a terminated ESA account pending the
resolution of their appeal.
15. "Substantively
complete" means an ESA application that meets all substantive criteria required
by statute or this Article.
16. "Supplemental
materials" referenced in A.R.S. §
15-2401(2), means
relevant materials directly related to the course of study for which they are
being used that introduce content and instructional strategies or that enhance,
complement, enrich, extend or support the curriculum.
17.
"Treasurer" means the Office of the State Treasurer.
18. Unless otherwise
specifically defined herein, all defined terms shall have the same meaning as
those ascribed to them in the A.R.S., Title 41.
