HB 2142 — ADE; school safety; center; programs

7.

The department of public safety shall process the application packet in the same manner prescribed for fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1.

8.

The department of public safety shall provide for digital storage and retrieval of identity verified fingerprints taken pursuant to this section.

The fingerprints taken pursuant to this section shall be digitally designated in the fingerprint archive as identity verified fingerprint records.

9.

A person who has a set of identity verified fingerprints on file with the department of public safety pursuant to this section shall IS not be required to submit a new set of fingerprints to the department of public safety to renew the person's fingerprint clearance card.

On receipt - 2 - H.B.

2142 of the required application form and fee for a renewal fingerprint clearance card from a person required to submit identity verified fingerprints, the department of public safety shall attempt to use the electronic copy of the applicant's identity verified fingerprints that are retained pursuant to this section to conduct the state and national criminal records checks.

The department of public safety may require the applicant to submit a new set of identity verified fingerprints if the department of public safety determines that the original fingerprints submitted have been lost or damaged or are found to be otherwise of insufficient quality to conduct a valid technical fingerprint search either by the department of public safety or the federal bureau of investigation.

10.

A person who participates in a teacher preparation program that is approved by the state board of education and who does not participate in field experience or student teaching in this state shall IS not be required to obtain a fingerprint clearance card pursuant to this section.

B.

FOR THE PURPOSES OF THIS SECTION, "QUALIFIED SCHOOL" HAS THE SAME MEANING PRESCRIBED IN SECTION 15-2401.

Sec.

2.

fingerprint clearance cards;

-2. 3 - H.B.

2142 2.

C.- 1 - H.B.

2142 C.

-4. 4 - H.B.

2142 4.

(a)- The2 safety- needsH.B. that each proposed expenditure will address.

2142 (a) The safety needs that each proposed expenditure will address.

The department of -education 5SCHOOL -SAFETY H.B.CENTER shall use relevant school-level academic, social and emotional statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals.

2142 education SCHOOL SAFETY CENTER shall use relevant school-level academic, social and emotional statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals.

The department of education SCHOOL SAFETY CENTER, subject to the review and approval of the state board of education, shall distribute monies to the school districts and charter schools that are in compliance with program requirements prescribed in this section and in section 15-154.02- and3 whose- programH.B. proposals have been approved by the state board of education.

2142 15-154.02 and whose program proposals have been approved by the state board of education.

The school safety program established by this section shall include SCHOOL SAFETY CENTER SHALL ADOPT a school safety program guidance manual adopted by the department of education FOR THE SCHOOL SAFETY -PROGRAM 6ESTABLISHED -BY H.B.THIS SECTION that requires a dispute resolution process to be included in the service agreement between a school district or charter school that submitted a program proposal and received a school resource officer grant or school safety officer grant from the school safety program and the law enforcement agency that provides services to the school district or charter school.

2142 PROGRAM ESTABLISHED BY THIS SECTION that requires a dispute resolution process to be included in the service agreement between a school district or charter school that submitted a program proposal and received a school resource officer grant or school safety officer grant from the school safety program and the law enforcement agency that provides services to the school district or charter school.

THE SCHOOL SAFETY CENTER MAY USE NOT MORE THAN $6,500,000 PER YEAR FROM THE UNEXPENDED AND UNENCUMBERED MONIES THAT WERE APPROPRIATED FOR THE SCHOOL SAFETY PROGRAM IN A PREVIOUS FISCAL YEAR, IF ANY, FOR THE COSTS OF ADMINISTERING THE SCHOOL SAFETY PROGRAMPROGRAM. AND THE SCHOOL SAFETY CENTER.

M.- 4 - H.B.

2142 M.

ANY SCHOOL RESOURCE OFFICER, JUVENILE PROBATION OFFICER, SCHOOL SAFETY OFFICER, SCHOOL COUNSELOR OR SCHOOL SOCIAL WORKER WHO IS PLACED ON A SCHOOL CAMPUS PURSUANT TO AN APPROVED PROGRAM PROPOSAL THAT WAS SUBMITTED PURSUANT TO SUBSECTION B OR C OF THIS SECTION SHALL OBTAIN A FINGERPRINT CLEARANCE CARD PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 BEFORE THE INDIVIDUAL MAY HAVE CONTACT WITH STUDENTS THAT IS NOT SUPERVISED AS DEFINED IN SECTION 15-505 AND SHALL MAINTAIN A VALID FINGERPRINT CLEARANCE CARD DURING THE PERIOD OF THE INDIVIDUAL'S PLACEMENT AT A SCHOOL CAMPUS.

P.

Q.

"Law-related education program" means a program designed to provide children and youth with knowledge, skills and activities pertaining to the law and legal process and to promote law-abiding behavior with the purpose of preventing children and youth from engaging -in 7delinquency -or H.B.violence and enabling them to become productive citizens.

2142 in delinquency or violence and enabling them to become productive citizens.

3.2.

1.- 5 - H.B.

2142 1.

The department SCHOOL SAFETY CENTER -shall 8provide -a H.B.copy of the safety assessment results to the respective school district's governing board or charter school's governing body and the administrators of each school site that was assessed.

2142 shall provide a copy of the safety assessment results to the respective school district's governing board or charter school's governing body and the administrators of each school site that was assessed.

4.3.

Sec.- 6 - H.B.

5.2142 Sec.

4.

-5. 9 - H.B.

2142 5.

2.- 7 - H.B.

2142 2.

THEONE DIRECTORMEMBER OFWHO THEREPRESENTS DEPARTMENTA STATEWIDE ASSOCIATION OF EMERGENCYLAW ENFORCEMENT OFFICERS AND MILITARYWHO AFFAIRSIS ORAPPOINTED BY THE DIRECTOR'SSUPERINTENDENT DESIGNEE.OF PUBLIC INSTRUCTION.

ONETHE MEMBEREXECUTIVE WHODIRECTOR REPRESENTSOF ATHE STATEWIDEARIZONA ASSOCIATIONPEACE OFOFFICER SCHOOLSTANDARDS RESOURCE OFFICERS AND WHOTRAINING ISBOARD APPOINTEDOR BY THE SUPERINTENDENTEXECUTIVE OFDIRECTOR'S PUBLICDESIGNEE. INSTRUCTION.

ONETHE MEMBERDIRECTOR WHOOF ISTHE ADEPARTMENT SUPERINTENDENT OF AEMERGENCY SCHOOL THAT IS OPERATED BY A RURAL SCHOOL DISTRICT IN THIS STATE AND WHOMILITARY ISAFFAIRS APPOINTEDOR BY THE SUPERINTENDENTDIRECTOR'S OFDESIGNEE. PUBLIC INSTRUCTION.

FOR THE PURPOSES OF THIS PARAGRAPH, "RURAL" HAS THE SAME MEANING PRESCRIBED IN SECTION 15-249.13.

ONETHE MEMBERDIRECTOR WHOOF ISTHE AARIZONA SUPERINTENDENTDEPARTMENT OF AHOMELAND SCHOOLSECURITY THATOR IS OPERATED BY A SCHOOL DISTRICT IN THIS STATE AND WHO IS APPOINTED BY THE SUPERINTENDENTDIRECTOR'S OFDESIGNEE. PUBLIC INSTRUCTION.

ONE MEMBER WHO ISREPRESENTS EMPLOYEDA BYSTATEWIDE AASSOCIATION PUBLICOF SCHOOL INRESOURCE THISOFFICERS STATE AS A CERTIFICATED TEACHER AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

-9. 10 - H.B.

2142ONE 9.MEMBER WHO IS A PEACE OFFICER IN A COUNTY WITH A POPULATION OF AT LEAST TWO HUNDRED THOUSAND PERSONS AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

ONE MEMBER WHO IS EMPLOYED BY A SCHOOL DISTRICT IN THIS STATE TO OVERSEE SCHOOL SAFETY AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

ONE MEMBER WHO REPRESENTSIS A NONPROFITPEACE CORPORATIONOFFICER THATIN OPERATES AS A RISKCOUNTY RETENTIONWITH POOLA FORPOPULATION PUBLICOF SCHOOLSLESS ANDTHAN COMMUNITYONE COLLEGEHUNDRED DISTRICTSTHOUSAND INPERSONS THIS STATE AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

ONE MEMBER WHO REPRESENTSIS A STATEWIDESUPERINTENDENT ORGANIZATIONOF THATA SUPPORTS SCHOOL COUNSELORSIN ANDTHIS SOCIALSTATE WORKERS AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

ONE MEMBER WHO REPRESENTSIS AEMPLOYED UNIVERSITYBY UNDERA THESCHOOL JURISDICTIONDISTRICT OFTO THEOVERSEE ARIZONA BOARD OF REGENTS, WHO RESEARCHES SCHOOL SAFETY AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

THEONE PRESIDENTMEMBER OFWHO ANREPRESENTS ASSOCIATIONA OFNONPROFIT FIRECORPORATION CHIEFSTHAT OPERATES AS A RISK RETENTION POOL FOR PUBLIC SCHOOLS AND COMMUNITY COLLEGE DISTRICTS IN THIS STATE ORAND WHO IS APPOINTED BY THE PRESIDENT'SSUPERINTENDENT DESIGNEE.OF PUBLIC INSTRUCTION.

ONE MEMBER WHO REPRESENTS A STATEWIDE ORGANIZATION THAT SUPPORTS SCHOOL COUNSELORS AND SOCIAL WORKERS AND WHO IS APPOINTED BY THE SPEAKERSUPERINTENDENT OF THEPUBLIC HOUSEINSTRUCTION. OF REPRESENTATIVES.

ONE MEMBER WHO REPRESENTS A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD OF REGENTS, WHO RESEARCHES SCHOOL SAFETY AND WHO IS APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

16.

ONE MEMBER WHO IS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

17.

THE INITIAL MEMBERS SHALL ASSIGN THEMSELVES BY LOT TO TERMS OF TWO, THREE AND FOUR- YEARS8 IN- OFFICE.H.B.

2142 FOUR YEARS IN OFFICE.

Sec.- 9 -

6.

Section 15-2402, Arizona Revised Statutes, is amended to read:

15-2402.

Arizona empowerment scholarship accounts;

funds A.

Arizona empowerment scholarship accounts are established to provide options for the education of students in this state.

B.

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:

1.

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 G.

2.

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.

This paragraph does not:

- 11 - H.B.

2142 (a) 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.

(b) Require the qualified student to withdraw from a school district or charter school before enrolling for an Arizona empowerment scholarship account if the qualified student withdraws from the school district or charter school before receiving any monies in the qualified student's Arizona empowerment scholarship account.

(c) Prevent the qualified student from applying in advance for an Arizona empowerment scholarship account to be funded beginning the following school year, subject to section 15-2403, subsection H.

3.

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.

4.

Use monies deposited in the qualified student's Arizona empowerment scholarship account only for the following expenses of the qualified student:

(a) Tuition or fees at a qualified school that requires all teaching staff and SCHOOL personnel AND ANY OTHER INDIVIDUALS who have unsupervised contact with students THAT IS NOT SUPERVISED AS DEFINED IN SECTION 15-505 to be fingerprinted APPLY FOR A FINGERPRINT CLEARANCE CARD PURSUANT TO SECTION 15-106 AND TO HAVE A VALID FINGERPRINT CLEARANCE CARD PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 BEFORE THE INDIVIDUAL MAY PROVIDE SERVICES DIRECTLY TO STUDENTS OR ENGAGE IN UNSUPERVISED CONTACT WITH STUDENTS.

(b) Textbooks required by a qualified school.

(c) If the qualified student meets any of the criteria specified in section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) as determined by a school district or by an independent third party pursuant to section 15-2403, subsection J, the qualified student may use the following additional services:

(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 EITHER by an individual who is AT LEAST EIGHTEEN YEARS OF AGE, HAS A VALID FINGERPRINT CLEARANCE CARD PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 AND IS not subject to - 12 - H.B.

2142 disciplinary action by the state board of education for immoral or unprofessional conduct pursuant to section 15-505 or 15-534.04 or BY a facility that is accredited by a state, regional or national accrediting organization.

The department shall ensure any individual who provides tutoring or teaching services to one or more qualified students pursuant to this subdivision is not subject to disciplinary action by the state board of education MEETS THE REQUIREMENTS PRESCRIBED BY THIS SUBDIVISION.

The department shall also remove any individual who is subject to disciplinary action by the state board of education OR WHO FAILS TO MAINTAIN A VALID FINGERPRINT CLEARANCE CARD PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 from all platforms that the department provides to parents and qualified students for the purchase of goods or educational services using account monies.

(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) or (iii) 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 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 - 13 - H.B.

2142 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.

(o) Public transportation services in this state, including a commuter pass for the qualified student, or transportation network services as defined in section 28-9551 between the qualified student's residence and a qualified school in which the qualified student is enrolled.

(p) Computer hardware and technological devices primarily used for an educational purpose.

For the purposes of this subdivision, "computer hardware and technological devices":

(i) Includes calculators, personal computers, laptops, tablet devices, microscopes, telescopes and printers.

(ii) Does not include entertainment and other primarily noneducational devices, including televisions, telephones, video game consoles and accessories, and home theatre and audio equipment.

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) or (p) of this subsection.

(b) Transportation of the pupil, except for transportation services described in paragraph 4, subdivision (o) of this subsection.

(c) NONEDUCATIONAL ITEMS OR LUXURY GOODS, INCLUDING HOUSEHOLD FURNITURE, FIXTURES, ITEMS THAT ARE NOT PRIMARILY USED FOR EDUCATIONAL PURPOSES, COMMERCIAL APPLIANCES, HOUSEHOLD APPLIANCES, COMMERCIAL MACHINERY, HOUSEHOLD MACHINERY, HOME IMPROVEMENTS, PROPERTY IMPROVEMENTS, JEWELRY, LINGERIE, ADMISSION TO WATER PARKS, ADMISSION TO AMUSEMENT PARKS, HOME SWIMMING POOLS, HOT TUBS, SAUNAS, GIFT CARDS, GIFT CERTIFICATES, OUT-OF-STATE TRAVEL, INTERNATIONAL TRAVEL, OUT-OF-STATE MUSEUMS, INTERNATIONAL MUSEUMS, OUT-OF-STATE EXCURSIONS, INTERNATIONAL EXCURSIONS, CHILD CARE, BABYSITTING, RESTAURANT DINING, HOTELS, LODGING, BOUNCE HOUSES, WATER SLIDES, MOTOR VEHICLES AND MOTORIZED WATERCRAFT.

- 14 - H.B.

2142 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 a preschool program for children with disabilities, a kindergarten program or any of grades one through twelve, 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 assistance prescribed in sections 15-185 and 15-943 for that particular student if that student were attending a charter school.

THE DEPARTMENT MAY DEPOSIT IN THE DEPARTMENT OF EDUCATION EMPOWERMENT SCHOLARSHIP ACCOUNT FUND ESTABLISHED BY SUBSECTION D OF THIS SECTION MONIES THAT THE DEPARTMENT WOULD OTHERWISE ALLOCATE TO A QUALIFIED STUDENT'S PRIOR SCHOOL DISTRICT OR EXPECTED SCHOOL DISTRICT OF ATTENDANCE, WHICHEVER APPLIES, AN AMOUNT THAT IS NOT MORE THAN ONE-HALF OF ONE PERCENT OF THE SUM OF THE BASE SUPPORT LEVEL AND ADDITIONAL ASSISTANCE PRESCRIBED IN SECTIONS 15-185 AND 15-943 FOR THE QUALIFIED STUDENT IF THE QUALIFIED STUDENT WERE ATTENDING A CHARTER SCHOOL.

D.

The department of education empowerment scholarship account fund is established consisting of monies appropriated by the legislature AND MONIES DEPOSITED PURSUANT TO SUBSECTION C OF THIS SECTION.

THE DEPARTMENT SHALL SEPARATELY ACCOUNT FOR MONIES THAT ARE DEPOSITED PURSUANT TO SUBSECTION C OF THIS SECTION.

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, INCLUDING TECHNOLOGY AND PERSONNEL NECESSARY FOR VERIFYING ELIGIBILITY, REVIEWING EXPENDITURES AND MANAGING ACCOUNTS.

Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

ON OR BEFORE AUGUST 1 OF EACH YEAR, THE DEPARTMENT SHALL PRESENT TO THE STATE BOARD OF EDUCATION A DETAILED EXPENDITURE PLAN FOR THE FUND.

IF THE COSTS TO ADMINISTER THE ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNTS INCREASE, THE STATE BOARD OF EDUCATION SHALL SUBMIT TO THE STAFF OF THE JOINT LEGISLATIVE BUDGET COMMITTEE AND THE GOVERNOR'S OFFICE OF STRATEGIC PLANNING AND BUDGETING NOT LATER THAN OCTOBER 1 A REPORT THAT EXPLAINS THE INCREASED COSTS AND RECOMMENDS AN INCREASE IN THE AMOUNT OF MONIES THAT ARE DEPOSITED IN THE FUND PURSUANT TO SUBSECTION C OF THIS SECTION.

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 THE DEPARTMENT'S budget estimate.

- 15 - H.B.

2142 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.

The department of education shall verify that the parent's child is a qualified student as defined in section 15-2401 or 15-2401.01 in the year for which the parent seeks to renew the Arizona empowerment scholarship account.

This subsection does not require the department to annually verify the child's disability for the purpose of section 15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii), if applicable.

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 ONE academic years YEAR, 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 BY 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 WITHIN sixty calendar days, the department shall close the account and THE TREASURER SHALL TRANSFER any remaining monies shall be returned to the state GENERAL FUND.

I.

A signed agreement under this section constitutes school attendance required by section 15-802.

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 - 16 - H.B.

2142 before this time as long as the account holder continues using a portion of account monies for allowable 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.

M.

BEGINNING IN THE 2027-2028 SCHOOL YEAR, IF THE AMOUNT OF UNEXPENDED AND UNENCUMBERED MONIES REMAINING IN THE ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNT OF A QUALIFIED STUDENT ON JUNE 30 EXCEEDS THE MAXIMUM PRIOR YEAR CARRYFORWARD, THE TREASURER SHALL TRANSFER THE EXCESS AMOUNT TO THE STATE GENERAL FUND.

FOR THE PURPOSES OF THIS SUBSECTION, THE MAXIMUM PRIOR YEAR CARRYFORWARD IS:

1.

$50,000 FOR THE ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNT OF A QUALIFIED STUDENT WHO MEETS ANY OF THE CRITERIA SPECIFIED IN SECTION 15-2401, PARAGRAPH 7, SUBDIVISION (a), ITEM (i), (ii) OR (iii).

2.

$24,000 FOR THE ARIZONA EMPOWERMENT SCHOLARSHIP ACCOUNT OF A QUALIFIED STUDENT WHO DOES NOT MEET ANY OF THE CRITERIA SPECIFIED IN SECTION 15-2401, PARAGRAPH 7, SUBDIVISION (a), ITEM (i), (ii) OR (iii).

Sec.

7.

Section 15-2403, Arizona Revised Statutes, is amended to read:

15-2403.

Arizona empowerment scholarship accounts;

administration;

appeals;

risk-based audits;

rules;

policy handbook A.

The treasurer may contract with private financial management firms to manage Arizona empowerment scholarship accounts.

B.

The department shall conduct or contract for annual audits of Arizona empowerment scholarship accounts to ensure compliance with section 15-2402, subsection B, paragraph 4.

The department shall also conduct or contract for random, quarterly and annual audits of Arizona empowerment scholarship accounts as needed to ensure compliance with section 15-2402, subsection B, paragraph 4.

The department, in consultation with the office of the auditor general, shall develop risk-based auditing procedures for audits conducted pursuant to this subsection.

C.

The department shall annually review a sample of Arizona empowerment scholarship accounts, selected at random, to determine whether the parent or qualified student is in compliance with the terms of the contract, applicable laws, rules and orders relating to the Arizona empowerment scholarship accounts program.

The Arizona empowerment scholarship account of a parent or qualified student who is in good standing may be randomly selected pursuant to this subsection only one time during any five-year period.

The department may remove any parent or qualified student from eligibility for an Arizona empowerment scholarship account if the parent or qualified student fails to comply with the terms of the contract or applicable laws, rules or orders or knowingly misuses monies or knowingly fails to comply with the terms of the contract with - 17 - H.B.

2142 intent to defraud and shall notify the treasurer.

The department shall notify the treasurer to suspend the account of a parent or qualified student and shall notify the parent or qualified student in writing that the account has been suspended and that no further transactions will be allowed or disbursements made.

The notification shall specify the reason for the suspension and state that the parent or qualified student has fifteen days, not including weekends, to respond and take corrective action.

If the parent or qualified student refuses or fails to contact the department, furnish any information or make any report that may be required for reinstatement within the fifteen-day period, the department may remove the parent or qualified student pursuant to this subsection.

D.

A parent may appeal to the state board of education any administrative decision the department makes pursuant to this article, including determinations of allowable expenses, removal from the program or enrollment eligibility.

The department shall notify the parent in writing that the parent may appeal any administrative decision under this article and the process by which the parent may appeal at the same time the department notifies the parent of an administrative decision under this article.

The state board of education shall establish an appeals process, and the department shall post this information on the department's website in the same location as the policy handbook developed pursuant to subsection K of this section.

E.

A parent may represent himself or herself or designate a representative, not necessarily an attorney, before any appeals hearing held pursuant to this section.

Any designated representative who is not an attorney admitted to practice may not charge for any services rendered in connection with the hearing.

The fact that a representative participated in the hearing or assisted the account holder is not grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

F.

The state board of education may refer cases of substantial misuse of monies to the attorney general for the purpose of collection or for the purpose of a criminal investigation if the state board of education obtains evidence of fraudulent use of an account.

G.

The department shall make quarterly transfers of the amount calculated pursuant to section 15-2402, subsection C to the treasurer for deposit in the Arizona empowerment scholarship account of each qualified student, except the department may make transfers according to another transfer schedule if the department determines a transfer schedule other than quarterly transfers is necessary to operate the Arizona empowerment scholarship account.

H.

The department shall accept applications between July 1 and June 30 of each year.

The department shall issue an award letter to eligible applicants within thirty days after receipt of a completed application and all required documentation.

If an eligible applicant completes an - 18 - H.B.

2142 application in advance for an Arizona empowerment scholarship account to be funded beginning on a later date, the department may enroll the eligible applicant on the later date, except that the department may not enroll the applicant more than two fiscal quarters after the fiscal quarter in which the application is completed or on a date that is after March 31 and before July 1.

If an eligible applicant completes an application after March 31 and before July 1, the department shall enroll the applicant on or after July 1.

The department shall enroll all other eligible applicants when the department issues an award letter pursuant to this subsection.

This subsection does not allow a qualified student to receive monies in an Arizona empowerment scholarship account while the qualified student is enrolled in a school district or charter school.

On or before September 1 and November 1 of each year, the department shall furnish to the joint legislative budget committee and the governor's office of strategic planning and budgeting an estimate of the amount required to fund Arizona empowerment scholarship accounts for the following fiscal year.

The department shall include in its budget request for the following fiscal year the amount estimated pursuant to section 15-2402, subsection C for each qualified student.

I.

The state board of education may adopt rules and policies necessary to administer Arizona empowerment scholarship accounts, including rules and policies:

1.

For establishing an appeals process pursuant to subsection D of this section.

2.

For conducting or contracting for examinations of the use of account monies, consistent with subsection L of this section.

3.

For conducting or contracting for random, quarterly and annual reviews of accounts.

4.

For establishing or contracting for the establishment of an online anonymous fraud reporting service.

5.

For establishing an anonymous telephone hotline for fraud reporting.

6.

That require a surety bond or insurance for account holders.

J.

The department shall contract with an independent third party for the purposes of determining whether a qualified student is eligible to receive educational therapies or services pursuant to section 15-2402, subsection B, paragraph 4, subdivision (c).

If during any period on or after January 1, 2023 the department fails to ensure that a contract with an independent third party is in effect, during that period:

1.

The county school superintendent of each county may approve a list of independent third parties within the county whose evaluation may be used to determine whether a qualified student who resides within the county is eligible to receive educational therapies or services pursuant to section 15-2402, subsection B, paragraph 4, subdivision (c).

- 19 - H.B.

2142 2.

If the county school superintendent of a county does not provide a list of approved independent third parties within ninety days after the beginning of any period during which the department does not have a contract with an independent third party in effect as described in this subsection, the parent of a qualified student who resides within the county has the right to obtain an independent educational evaluation from a qualified examiner to determine whether the qualified student is eligible to receive educational therapies or services pursuant to section 15-2402, subsection B, paragraph 4, subdivision (c).

The expense for an educational evaluation undertaken pursuant to this paragraph shall be provided by the school district within which the qualified student resides and that serves the grade level of the qualified student.

For the purposes of this paragraph, "qualified examiner" means a licensed physician, psychiatrist or psychologist.

K.

On or before July 1 of each year, the department shall develop an applicant and participant handbook that includes information relating to policies and processes of Arizona empowerment scholarship accounts.

The policy handbook shall comply with the rules adopted by the state board of education pursuant to this section.

The department shall post the handbook on the department's website.

L.

The department shall:

1.

Establish and maintain an online database of allowable and disallowed categories of expenses and provide a link to the database on the department's website.

2.

Allow the use of account monies to reimburse the parent of a qualified student or a qualified student for the purchase of a good or educational service that is an allowable expense pursuant to section 15-2402, subsection B.

M.

Except for cases in which the attorney general determines that a parent or account holder has committed fraud, any expenditure from an Arizona empowerment scholarship account for a purchase that the department determines is not an allowable expense pursuant to section 15-2402 and that is subsequently repaid by the parent or account holder shall be credited back to the Arizona empowerment scholarship account balance within thirty days after the receipt of payment.

N.

If, in response to an appeal of an administrative decision made by the department, the state board of education issues a stay of an Arizona empowerment scholarship account suspension pursuant to rules adopted by the board, the department may not withhold funding or contract renewal for the account holder because of the appealed administrative decision during the stay unless directed by the board to do so.

- 20 - H.B.

2142 Sec.

8.

Section 15-2404, Arizona Revised Statutes, is amended to read:

15-2404.

State control over nonpublic schools;

prohibition;

application A.

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.

EXCEPT AS PROVIDED IN SECTION 15-106 AND SECTION 15-2402, SUBSECTION B, 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.

Sec.

9.

Section 41-619.51, Arizona Revised Statutes, is amended to read:

41-619.51.

Definitions In this article, unless the context otherwise requires:

1.

"Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing.

2.

"Board" means the board of fingerprinting.

3.

"Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.

- 21 - H.B.

2142 4.

"Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.

5.

"Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.

6.

"Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:

(a) Section 3-314.

(b) Section 8-105.

(c) Section 8-322.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 8-804.

(h) SECTION 15-154.

(h) (i) Section 15-183.

(i) (j) Section 15-503.

(j) (k) Section 15-512.

(k) (l) Section 15-534.

(l) (m) Section 15-763.01.

(m) (n) Section 15-782.02.

(n) (o) Section 15-1330.

(o) (p) Section 15-1881.

(q) SECTION 15-2402.

(p) (r) Section 17-215.

(q) (s) Section 28-3228.

(r) (t) Section 28-3413.

(s) (u) Section 32-122.02.

(t) (v) Section 32-122.05.

(u) (w) Section 32-122.06.

(v) (x) Section 32-823.

(w) (y) Section 32-1232.

(x) (z) Section 32-1276.01.

(y) (aa) Section 32-1284.

(z) (bb) Section 32-1297.01.

(aa) (cc) Section 32-1904.

(bb) (dd) Section 32-1941.

(cc) (ee) Section 32-1982.

(dd) (ff) Section 32-2022.

(ee) (gg) Section 32-2063.

(ff) (hh) Section 32-2108.01.

(gg) (ii) Section 32-2123.

(hh) (jj) Section 32-2371.

(ii) (kk) Section 32-3271.

- 22 - H.B.

2142 (jj) (ll) Section 32-3430.

(kk) (mm) Section 32-3620.

(ll) (nn) Section 32-3668.

(mm) (oo) Section 32-3669.

(nn) (pp) Section 32-3922.

(oo) (qq) Section 32-3924.

(pp) (rr) Section 32-4128.

(qq) (ss) Section 32-4222.

(rr) (tt) Section 36-113.

(ss) (uu) Section 36-207.

(tt) (vv) Section 36-411.

(uu) (ww) Section 36-425.03.

(vv) (xx) Section 36-446.04.

(ww) (yy) Section 36-594.01.

(xx) (zz) Section 36-594.02.

(yy) (aaa) Section 36-766.01.

(zz) (bbb) Section 36-882.

(aaa) (ccc) Section 36-883.02.

(bbb) (ddd) Section 36-897.01.

(ccc) (eee) Section 36-897.03.

(ddd) (fff) Section 36-1940.

(eee) (ggg) Section 36-1940.01.

(fff) (hhh) Section 36-2069.

(ggg) (iii) Section 36-3008.

(hhh) (jjj) Section 41-619.53.

(iii) (kkk) Section 41-1964.

(jjj) (lll) Section 41-1967.01.

(kkk) (mmm) Section 41-1968.

(lll) (nnn) Section 41-1969.

(mmm) (ooo) Section 41-2814.

(nnn) (ppp) Section 41-4025.

(ooo) (qqq) Section 46-141, subsection A or B.

(ppp) (rrr) Section 46-321.

Sec.

10.

Section 41-1750, Arizona Revised Statutes, is amended to read:

41-1750.

Central state repository;

department of public safety;

duties;

funds;

accounts;

definitions A.

The department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information.

The department may procure criminal history records and related criminal justice information for violations that are not listed in this section.

The department shall:

1.

Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, - 23 - H.B.

2142 process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for any of the following:

(a) A felony offense or an offense involving domestic violence as defined in section 13-3601.

(b) A violation of title 13, chapter 14 or title 28, chapter 4.

(c) An offense listed in:

(i) Section 32-2422, subsection A, paragraph 4.

(ii) Section 32-2441, paragraph 4.

(iii) Section 32-2612, subsection A, paragraph 4.

(iv) Section 32-2622, subsection A, paragraph 4.

(v) Section 41-1758.03, subsections B and C.

(vi) Section 41-1758.07, subsections B and C.

2.

Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.

3.

Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability.

4.

Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law.

5.

Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government.

6.

Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints.

7.

Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system.

8.

Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section.

- 24 - H.B.

2142 9.

Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information.

10.

Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system.

11.

Operate and maintain the Arizona automated fingerprint identification system established by section 41-2411.

12.

Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards.

B.

The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice.

C.

Criminal justice agencies may provide criminal history records and related criminal justice information for violations that are not listed in this section.

Except for the requirements listed in subsection U of this section, the chief officers of criminal justice agencies of this state or its political subdivisions shall provide to the central state repository fingerprints and information concerning personal identification data, descriptions, crimes for which persons are arrested, process control numbers and dispositions and such other information, including other biometric data, as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for any of the following:

1.

Felony offenses or offenses involving domestic violence as defined in section 13-3601.

2.

Violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state.

3.

An offense listed in:

(a) Section 32-2422, subsection A, paragraph 4.

(b) Section 32-2441, paragraph 4.

(c) Section 32-2612, subsection A, paragraph 4.

(d) Section 32-2622, subsection A, paragraph 4.

(e) Section 41-1758.03, subsections B and C.

(f) Section 41-1758.07, subsections B and C.

D.

The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the department such information as necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.

E.

The chief officers of criminal justice agencies of this state or its political subdivisions shall comply with the training and proficiency - 25 - H.B.

2142 testing guidelines as required by the department to comply with the federal national crime information center mandates.

F.

The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the department information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability.

G.

The director shall authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows:

1.

With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, on request by the chief officers of such agencies or their designated representatives, specifically for the purposes of the administration of criminal justice and for evaluating the fitness of current and prospective criminal justice employees.

Fingerprints submitted pursuant to this paragraph may be searched through the department and the federal bureau of investigation to conduct criminal history records checks.

The department may conduct criminal history records checks through state and federal rap back services for the purpose of updating the status of current criminal justice employees or volunteers and may notify the criminal justice agency of the results of the records check.

The department is authorized to submit fingerprints to the federal bureau of investigation to be retained for the purpose of being searched by future submissions to the federal bureau of investigation, including latent fingerprint searches.

The department may retain fingerprints submitted pursuant to this paragraph for the purpose of being searched by future submissions to the department, including latent fingerprint searches.

2.

With any noncriminal justice agency pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of the subject's fingerprints and the prescribed fee.

Each statute, ordinance, or executive order that authorizes noncriminal justice agencies to receive criminal history record information for these purposes shall identify the specific categories of licensees, employees, contract employees or volunteers and shall require that fingerprints of the specified individuals be submitted in conjunction with such requests for criminal history record information.

Fingerprints submitted pursuant to this paragraph may be searched through the department and the federal bureau of investigation to conduct criminal history records checks.

The department may conduct criminal history records checks through state and federal rap back services for the purpose of updating the status of current licensees, - 26 - H.B.