Arizona Fifty-fifth Legislature - Second Regular Session Status: In Committee 1 R cosponsors

HB 2803 — empowerment scholarship accounts; universal eligibility

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

202 added · 305 removed

Plain-language change summary

The proposed amendments to Bill HB 2803 focus on clarifying the definitions and eligibility criteria for Arizona's empowerment scholarship accounts. Notably, it specifies that evaluations for students will be conducted annually until they turn 22, ensuring ongoing support for those with qualifying needs. This change is important as it aims to provide a clearer framework for how students can remain eligible for financial assistance, thereby potentially improving educational outcomes for individuals with disabilities.

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REFERENCE TITLE:
Fifty-fifth Legislature Ways & Means Second Regular Session H.B.
empowerment scholarship accounts;
2803 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
universal eligibility State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HB 2803 Introduced by Representatives Fillmore:
2803 (Reference to printed bill) Strike everything after the enacting clause and insert:
Blackman AN ACT AMENDING SECTIONS 15-2401 AND 15-2402, ARIZONA REVISED STATUTES;
"Section 1.
RELATING TO ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNTS.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - HB 2803 Be it enacted by the Legislature of the State of Arizona:
Section 1.
"Annual education plan" means an initial individualized evaluation and subsequent annual reviews that are developed for a qualified student who meets the criteria specified in paragraph 7, subdivision (a), item (i), (ii) (b) or (iii) (c) of this section to determine ongoing annual eligibility through the school year in which the qualified student reaches twenty-two years of age and whether the student may be eligible pursuant to section 36-2981 and should be referred for eligibility determination.
"Annual education plan" means an initial individualized evaluation and subsequent annual reviews that are developed for a qualified student who meets the criteria specified in paragraph 7, subdivision (a), item (i), (ii) or (iii) of this section to determine ongoing annual eligibility through the school year in which the qualified student reaches twenty-two years of age and whether the student may be eligible pursuant to section 36-2981 and should be referred for eligibility determination.
"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, 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.
"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 House Amendments to H.B.
2803 Indian reservation in this state, 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.
(a) is any of the following:
(a) Is any of the following:
(i) (a) Identified as having a disability under section 504 of the rehabilitation act of 1973 (29 United States Code section 794).
(i) Identified as having a disability under section 504 of the rehabilitation act of 1973 (29 United States Code section 794).
(ii) (b) Identified by a school district or by an independent third party pursuant to section 15-2403, subsection I as a child with a disability as defined in section 15-731 or 15-761.
(ii) Identified by a school district or by an independent third party pursuant to section 15-2403, subsection I as a child with a disability as defined in section 15-731 or 15-761.
(iii) (c) A child with a disability who is eligible to receive services from a school district under section 15-763.
(iii) A child with a disability who is eligible to receive services from a school district under section 15-763.
A child who meets - 1 - HB 2803 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 United States Code sections 1751 through 1793) is not subject to subdivision (b) of this paragraph.
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 United States Code sections 1751 through 1793) is not subject to subdivision (b) of this paragraph.
(v) A previous recipient of a scholarship issued pursuant to section 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 section 15-2403, subsection C.
(v) A previous recipient of a scholarship THAT WAS issued pursuant to section 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 section 15-2403, subsection C.
(vii) A child who is a ward of the juvenile court and who is residing with a prospective permanent placement pursuant to section 8-862 and the case plan is adoption or permanent guardianship.
-2- House Amendments to H.B.
2803 (vii) A child who is a ward of the juvenile court and who is residing with a prospective permanent placement pursuant to section 8-862 and the case plan is adoption or permanent guardianship.
(b) And, except as provided in subdivision (a), items (iv), and (vi) of this paragraph, who meets any of the following requirements:
(xii) THE ALLEGED VICTIM OF ASSAULT PURSUANT TO SECTION 13-1203, HARASSMENT, HAZING, KIDNAPPING PURSUANT TO SECTION 13-1304, AGGRAVATED ASSAULT PURSUANT TO SECTION 13-1204, THEFT PURSUANT TO SECTION 13-1802, BURGLARY PURSUANT TO SECTION 13-1506, 13-1507 OR 13-1508, SEXUAL HARASSMENT, A SEXUAL OFFENSE AS DEFINED IN SECTION 13-1420, THREATENING OR INTIMIDATING PURSUANT TO SECTION 13-1202, FIGHTING, SEX TRAFFICKING PURSUANT TO SECTION 13-1307 OR TRAFFICKING OF PERSONS FOR FORCED LABOR OR SERVICES PURSUANT TO SECTION 13-1308 AND THE INCIDENT OCCURRED ON SCHOOL GROUNDS, ON A SCHOOL BUS, AT A SCHOOL BUS STOP OR AT A SCHOOL-SPONSORED EVENT OR ACTIVITY, INCLUDING THROUGH THE USE OF ELECTRONIC TECHNOLOGY OR AN ELECTRONIC COMMUNICATION ON A SCHOOL COMPUTER, NETWORK, FORUM OR MAILING LIST.
(i) Attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least forty-five 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 Arizona empowerment scholarship account.
(b) And, except as provided in subdivision (a), items (iv) and (vi) of this paragraph, who meets any of the following requirements:
(i) Attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least forty-five 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 Arizona -3- House Amendments to H.B.
2803 empowerment scholarship account.
- 2 - HB 2803 (ii) Previously participated in an Arizona empowerment scholarship account.
(ii) Previously participated in an Arizona empowerment scholarship account.
(v) 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.
-4- House Amendments to H.B.
2803 (v) 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.
(d) ELIGIBLE TO ATTEND A PUBLIC SCHOOL IN THIS STATE.
Section 15-2402, Arizona Revised Statutes, is amended to read:
Title 15, chapter 19, article 1, Arizona Revised Statutes, is amended by adding section 15-2405, to read:
15-2402.
15-2405.
Arizona empowerment scholarship accounts;
Incident reports;
funds A.
school district obligations;
Arizona empowerment scholarship accounts are established to provide options for the education of students in this state.
department obligations A.
B.
ON RECEIPT OF A POLICE REPORT OR AN ADMINISTRATIVE OR COURT PLEADING INVOLVING AN INCIDENT OF ASSAULT, HARASSMENT, HAZING, KIDNAPPING, AGGRAVATED ASSAULT, THEFT, BURGLARY, SEXUAL HARASSMENT, A SEXUAL OFFENSE, THREATENING OR INTIMIDATION, FIGHTING, SEX TRAFFICKING OR TRAFFICKING OF PERSONS FOR FORCED LABOR OR SERVICES AS PRESCRIBED IN SECTION 15-2401, PARAGRAPH 7, SUBDIVISION (a), ITEM (xii), THE SCHOOL PRINCIPAL OR THE PRINCIPAL'S DESIGNEE SHALL PROVIDE A COPY OF THE REPORT TO THE PARENT OF THE STUDENT WHO IS THE ALLEGED VICTIM OF THE INCIDENT AND INVESTIGATE THE INCIDENT.
To enroll a qualified student for an Arizona empowerment scholarship account, the parent of the qualified student must sign an agreement to do all of the following:
WITHIN TWENTY-FOUR HOURS AFTER RECEIVING THE REPORT, THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE SHALL PROVIDE A COPY OF THE REPORT TO THE PARENT OF THE ALLEGED OFFENDER IF THE ALLEGED OFFENDER IS A MINOR AND TO THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR THE CHIEF ADMINISTRATIVE OFFICER OF THE CHARTER SCHOOL.
ON CONCLUSION OF THE INVESTIGATION OR WITHIN FIFTEEN DAYS AFTER THE INCIDENT WAS REPORTED, WHICHEVER OCCURS FIRST, THE SCHOOL DISTRICT OR CHARTER SCHOOL SHALL NOTIFY THE PARENT OF THE ALLEGED VICTIM ABOUT ELIGIBILITY FOR AN ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNT.
-5- House Amendments to H.B.
2803 B.
IN ADDITION TO ANY OTHER DUTIES PRESCRIBED IN THIS CHAPTER, THE DEPARTMENT SHALL:
Use a portion of the Arizona empowerment scholarship account 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 Arizona empowerment scholarship account is allocated monies according to a transfer schedule other than quarterly transfers pursuant to section 15-2403, subsection F.
CROSS-CHECK THE LIST OF QUALIFIED STUDENTS WITH THE PUBLIC SCHOOL ENROLLMENT LISTS TO AVOID DUPLICATION.
Not enroll the qualified student in a school district or charter school and release the school district from all obligations to educate the qualified student.
CONTRACT WITH AN INDEPENDENT ENTITY TO PROVIDE AN ANNUAL REPORT.
This paragraph does not relieve the school district or charter school that the qualified student previously attended from the obligation to conduct an evaluation pursuant to section 15-766.
IN PREPARING THE ANNUAL REPORT, THE INDEPENDENT ENTITY SHALL DO ALL OF THE FOLLOWING:
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- 3 - HB 2803 3.
(a) REVIEW EACH PUBLIC SCHOOL'S INCIDENT PREVENTION PROGRAM TO DETERMINE AREAS IN THE SCHOOL OR SCHOOL DISTRICT PROCEDURES INVOLVING REPORTING, INVESTIGATING AND COMMUNICATING PARENT AND STUDENT RIGHTS THAT NEED IMPROVEMENT.
Not accept a scholarship from a school tuition organization pursuant to title 43 concurrently with an Arizona empowerment scholarship account for the qualified student in the same year a parent signs the agreement pursuant to this section.
AT A MINIMUM, THE REVIEW MUST:
(i) ASSESS THE INVESTIGATION TIME AND QUALITY OF THE RESPONSE OF THE SCHOOL OR CHARTER SCHOOL.
(ii) ASSESS THE EFFECTIVENESS OF COMMUNICATION PROCEDURES WITH THE STUDENTS INVOLVED IN AN INCIDENT, THE STUDENTS' PARENTS AND THE SCHOOL DISTRICT OR CHARTER SCHOOL PERSONNEL.
(iii) ANALYZE PUBLIC SCHOOL INCIDENT AND DISCIPLINE DATA.
(iv) ASSESS THE CHALLENGES AND OBSTACLES RELATING TO IMPLEMENTING RECOMMENDATIONS FROM THE REVIEW.
(b) REVIEW EACH PUBLIC SCHOOL'S INCIDENT PREVENTION PROGRAM IN ORDER TO IDENTIFY BEST PRACTICES AND MAKE RECOMMENDATIONS TO THE PUBLIC SCHOOL AT WHICH AN INCIDENT OCCURRED.
(c) CONDUCT A SURVEY OF PARENTS OF QUALIFIED STUDENTS TO ASSESS ACADEMIC PERFORMANCE, SAFETY CONCERNS AND OVERALL SATISFACTION AND TO IDENTIFY ANY CHALLENGES TO OR OBSTACLES IN ADDRESSING THE INCIDENTS OR RELATING TO THE USE OF ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNTS.
-6- House Amendments to H.B.
2803 Sec.
3.
Appropriation;
department of education;
electronic incident prevention programs The sum of $150,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of education for the purposes of awarding student safety grants to public schools.
A public school that receives a student safety grant under this section shall use the grant monies to procure and implement an electronic incident prevention program.
Sec.
Use monies deposited in the qualified student's Arizona empowerment scholarship account only for the following expenses of the qualified student:
Short title This act may be cited as the "Lifeline for Student Crime Victims Act." Amend title to conform SHAWNNA LM BOLICK 2803BOLICK 02/14/2022 02:33 PM C:
(a) Tuition or fees at a qualified school.
HN Printed By:
(b) Textbooks required by a qualified school.
iandrew Printed On:
(c) If the qualified student meets any of the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) (b) or (iii) (c) as determined by a school district or by an independent third party pursuant to section 15-2403, subsection I, the qualified student may use the following additional services:
February 14, 2022 02:33 PM -7-
(i) 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 student.
(ii) A licensed or accredited paraprofessional or educational aide.
(iii) Tuition for vocational and life skills education approved by the department.
(iv) Associated goods and services that include educational and psychological evaluations, assistive technology rentals and braille translation goods and services approved by the department.
(d) Tutoring or teaching services provided by an individual or facility accredited by a state, regional or national accrediting organization.
(e) Curricula and supplementary materials.
(f) Tuition or fees for a nonpublic online learning program.
(g) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination or any exams related to college or university admission.
(h) Tuition or fees at an eligible postsecondary institution.
(i) Textbooks required by an eligible postsecondary institution.
(j) Fees to manage the Arizona empowerment scholarship account.
(k) Services provided by a public school, including individual classes and extracurricular programs.
(l) Insurance or surety bond payments.
(m) Uniforms purchased from or through a qualified school.
(n) If the qualified student meets the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) (b) or (iii) (c) and if the qualified student is in the second year prior to the final year of a contract executed pursuant to this article, costs associated with an annual education plan conducted by an independent evaluation team.
The department shall prescribe minimum qualifications for independent - 4 - HB 2803 evaluation teams pursuant to this subdivision and factors that teams must use to determine whether the qualified student shall be eligible to continue to receive monies pursuant to this article through the school year in which the qualified student reaches twenty-two years of age.
An independent evaluation team that provides an annual education plan pursuant to this subdivision shall submit a written report that summarizes the results of the evaluation to the parent of the qualified student and to the department on or before July 31.
The written report submitted by the independent evaluation team is valid for one year.
If the department determines that the qualified student meets the eligibility criteria prescribed in the annual education plan, the qualified student is eligible to continue to receive monies pursuant to this article until the qualified student reaches twenty-two years of age, subject to annual review.
A parent may appeal the department's decision pursuant to title 41, chapter 6, article 10.
As an addendum to a qualified student's final-year contract, the department shall provide the following written information to the parent of the qualified student:
(i) That the qualified student will not be eligible to continue to receive monies pursuant to this article unless the results of an annual education plan conducted pursuant to this subdivision demonstrate that the qualified student meets the eligibility criteria prescribed in the annual education plan.
(ii) That the parent is entitled to obtain an annual education plan pursuant to this subdivision to determine whether the qualified student meets the eligibility criteria prescribed in the annual education plan.
(iii) A list of independent evaluation teams that meet the minimum qualifications prescribed by the department pursuant to this subdivision.
5.
Not file an affidavit of intent to homeschool pursuant to section 15-802, subsection B, paragraph 2 or 3.
6.
Not use monies deposited in the qualified student's account for any of the following:
(a) Computer hardware or other technological devices, except as otherwise allowed under paragraph 4, subdivision (c) of this subsection.
(b) Transportation of the pupil.
(c) Consumable educational supplies, including paper, pens or markers.
C.
In exchange for the parent's agreement pursuant to subsection B of this section, the department shall transfer from the monies that would otherwise be allocated to a recipient's prior school district, or if the child is currently eligible to attend kindergarten, the monies that the department determines would otherwise be allocated to a recipient's expected school district of attendance, to the treasurer for deposit into an Arizona empowerment scholarship account an amount that is equivalent to ninety percent of the sum of the base support level and additional - 5 - HB 2803 assistance prescribed in sections 15-185 and 15-943 for that particular student if that student were attending a charter school.
D.
The department of education empowerment scholarship account fund is established consisting of monies appropriated by the legislature.
The department shall administer the fund.
Monies in the fund are subject to legislative appropriation.
Monies in the fund shall be used for the department's costs in administering Arizona empowerment scholarship accounts under this chapter.
Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
If the number of Arizona empowerment scholarship accounts significantly increases after fiscal year 2020-2021, the department may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113.
The department shall list monies in the fund as a separate line item in its budget estimate.
E.
The state treasurer empowerment scholarship account fund is established consisting of monies appropriated by the legislature.
The state treasurer shall administer the fund.
Monies in the fund shall be used for the state treasurer's costs in administering the Arizona empowerment scholarship accounts under this chapter.
If the number of Arizona empowerment scholarship accounts significantly increases after fiscal year 2020-2021, the state treasurer may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113.
Monies in the fund are subject to legislative appropriation.
Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
The state treasurer shall list monies in the fund as a separate line item in its budget estimate.
F.
A parent must renew the qualified student's Arizona empowerment scholarship account on an annual basis.
G.
Notwithstanding any changes to the student's multidisciplinary evaluation team plan, a student who has previously qualified for an Arizona empowerment scholarship account remains eligible to apply for renewal until the student finishes high school.
H.
If a parent does not renew the qualified student's Arizona empowerment scholarship account for a period of three academic years, the department shall notify the parent that the qualified student's account will be closed in sixty calendar days.
The notification must be sent through certified mail, email and telephone, if applicable.
The parent has sixty calendar days to renew the qualified student's Arizona empowerment scholarship account.
If the parent chooses not to renew or does not respond in sixty calendar days, the department shall close the account and any remaining monies shall be returned to the state.
I.
A signed agreement under this section constitutes school attendance required by section 15-802.
- 6 - HB 2803 J.
A qualified school or a provider of services purchased pursuant to subsection B, paragraph 4 of this section may not share, refund or rebate any Arizona empowerment scholarship account monies with the parent or qualified student in any manner.
K.
Notwithstanding subsection H of this section, on the qualified student's graduation from a postsecondary institution or after any period of four consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, but not before this time as long as the account holder continues using a portion of account monies for eligible expenses each year and is in good standing, the qualified student's Arizona empowerment scholarship account shall be closed and any remaining monies shall be returned to the state.
L.
Monies received pursuant to this article do not constitute taxable income to the parent of the qualified student.
- 7 -
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Action History

  1. DPA/SE

  2. House Second Reading

  3. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 91 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (91)

91 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 2803?
HB 2803 is sponsored by Walt Blackman (Republican) and John Fillmore.
What is the current status of HB 2803?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2803?
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