Arizona Administrative Code
Title 7 - EDUCATION
Chapter 2 - STATE BOARD OF EDUCATION
Article 15 - EMPOWERMENT SCHOLARSHIP ACCOUNTS
Section R7-2-1505 - Contract Between Parent and Department
Universal Citation: AZ Admin Code R 7-2-1505
Current through Register Vol. 30, No. 38, September 20, 2024
A. To enroll a qualified student in an ESA, a parent of the qualified student shall sign a contract with the Department. The parent:
1. Shall use a portion of the ESA
monies allocated annually to provide an education for the qualified student in
at least the subjects of reading, grammar, mathematics, social studies and
science, unless the ESA is allocated monies according to a transfer schedule
other than quarterly transfers pursuant to A.R.S. §
15-2403(F). This
subsection does not require a parent to spend a portion of ESA monies on each
subject every quarter;
2. Shall not
enroll the qualified student in a school district or charter school, and shall
release the school district from all obligations to educate the qualified
student. This subsection does not:
a. Relieve
the school district or charter school that the qualified student previously
attended from the obligation to conduct an evaluation pursuant to A.R.S. §
15-766, or
b. Require a qualified student to withdraw
from a school district or charter school before enrolling for an ESA if the
qualified student withdraws from the school district or charter school before
receiving any monies in the qualified student's ESA.
c. Prevent a qualified student from applying
in advance for an ESA to be funded beginning the following school
year.
3. Shall not accept
a scholarship from a school tuition organization pursuant to A.R.S., Title 43
concurrently with an ESA for the qualified student in the same year a parent
signs the contract pursuant to this Section;
4. Shall use the monies deposited in the
qualified student's ESA only for the expenses listed in A.R.S. §
15-2402(B)(4);
5. Shall not file an affidavit of intent to
homeschool pursuant to A.R.S. §
15-802(B)(2) or
(3);
6. Shall not use monies deposited in the
qualified student's account for any of the following:
a. Computer hardware or other technological
devices, except as provided in
R7-2-1505(B) and
§
15-2402(B)(4)(p);
or
b. Transportation of the pupil ,
except for transportation services described in A.R.S. §
15-2402(B)(4)(o).
7. Shall submit expenses and
documentation as required in
R7-2-1508.
B. If a qualified student meets any of the criteria specified in A.R.S. § 15-2401(7)(a)(i), (ii), or (iii), as determined by a school district or by an independent third party under A.R.S. § 15-2403(J), the qualified student may use the following additional services:
1. Educational therapies from a licensed or
accredited practitioner or provider including and up to any amount not covered
by insurance if the expense is partially paid by a health insurance policy for
the qualified students,
2. A
licensed or accredited paraprofessional or educational aide,
3. Tuition for vocational and life skills
education approved by the department, and
4. Associated goods and services that
include, but are not limited to, educational and psychological evaluations,
assistive technology rentals and braille translation goods and services
approved by the Department. Associated goods as described in this subsection
may include computer hardware or technological devices that assist in accessing
educational materials or services and that are associated with the qualified
student's needs. Parents that are seeking to use Program funds for an
associated good or service pursuant to this subsection shall provide to the
Department the special education course of study, service or educational need
that the good or service is associated with or may provide the Department with
the most current individualized education program, evaluation, or a letter from
a qualified service provider. Parents are not advised to contact their
districts seeking to update or change their students' individualized education
programs or request special education reevaluations in order to make ESA
purchases.
5. Pursuant to A.R.S.
§
15-2403(J)(2),
the Department shall accept independent educational evaluations that are
obtained by the parent of a student and performed by a qualified examiner. A
"qualified examiner" is defined in A.R.S. §
15-2403(J)(2). A
"parent" is defined in
R7-2-1501. Such evaluations shall
not be denied based solely on the age of the evaluation.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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