Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 15 - EMPOWERMENT SCHOLARSHIP ACCOUNTS › Section R7-2-1501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 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.