------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: opportunity scholarship program ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------------------------------------------------------------ ¦ HB 2252 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Knaperek, Blendu, Weiers, Senator Martin: Representatives Allen, ¦ ¦ Farnsworth, Pearce, Robson, Senators Bennett, Petersen, Solomon ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING TITLE 15, CHAPTER 8, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8; RELATING TO OPPORTUNITY SCHOLARSHIPS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 8, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. OPPORTUNITY SCHOLARSHIP PROGRAM
15-882. Opportunity scholarship program; eligibility
A. A public school pupil's parent or guardian may request and receive from the state an opportunity scholarship for the child to enroll in and attend a private school in accordance with this section if:
1. the pupil has spent the prior school year in attendance at a public school that has been designated a low performing school by the state board of education and the pupil's attendance occurred during a school year in which that designation was in effect or the parent or guardian of a pupil who has been in attendance elsewhere in the public school system or who is entering kindergarten or grade one is in the attendance area of a school designated as a low performing school during the previous school year.
2. The parent or guardian has obtained acceptance for admission of the pupil to a private school eligible for the opportunity scholarship program pursuant to section 15- 882.02 and has notified the Department of Education and the school district of the request for an opportunity scholarship no later than July 1 of the first year in which the pupil intends to use the scholarship.
B. A pupil's opportunity scholarship remains in effect until the pupil returns to a public school, except that the pupil's parent or guardian may remove the pupil from the private school and place the pupil in a public school as provided in section 15-882.01.
15-882.01. School district obligations
A. For each pupil enrolled in or assigned to a school that has been designated as a low performing school by the state board of education, a school district shall both:
1. As soon as the low performing designation is made notify the parent or guardian of the pupil in a timely manner of the parent's or guardian's options under the opportunity scholarship program pursuant to this article.
2. Offer that pupil's parent or guardian an opportunity to enroll the pupil in a public school in the district that has not been designated a low performing school by the state board of education. The parent or guardian is not required to accept an assignment to another school in the school district. The opportunity to continue attending a public school in the school district that is not designated a low performing school remains in effect until the pupil graduates from high school.
b. The parent or guardian of a pupil enrolled in or assigned to a school that has been designated a low performing school by the state board of education may choose to enroll the pupil in and transport the pupil to a different public school that has available space in another school district.
c. each school district shall provide all standardized tests prescribed by chapter 7, article 3 of this title to pupils who reside in the district and who are participating in the Opportunity Scholarship Program.
d. Pupils with disabilities who are eligible to receive services from the school district under federal or state law and who participate in the OPPORTUNITY scholarship program remain eligible to receive the same services from the school district as provided by federal or state law.
e. If for any reason a qualified private school is not available for the pupil or if the parent or guardian chooses to request that the pupil be enrolled in a public school that is not designated a low performing school by the state board of education, the school district of residence is responsible for all transportation costs to the public school selected by the parent or guardian.
15-882.02. Private school eligibility
IN ORDER To be eligible to participate in the opportunity scholarship program, a private school must be located in this state and shall meet all of the following requirements:
1. Have been in operation for at least one school year or provide the Department of Education with a statement by a certified public accountant confirming that the private school is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year serving the number of pupils anticipated with expected revenues from tuition and other sources that may be reasonably expected.
2. Except for the first year of implementation, the private school shall notify the Department of Education and the school district where the private school is located of its intent to participate in the OPPORTUNITY scholarship program by May 1 of the school year preceding the school year in which the private school intends to participate. The notice shall specify the grade levels and services that the private school will offer in connection with the opportunity scholarship program.
3. Comply with the antidiscrimination provisions of 42 United States Code section 2000.
4. Comply with all state and local health and safety laws.
5. Accept opportunity scholarship pupils on a random basis without regard to the pupil's religious beliefs or past academic history, except that the private school may give preference to siblings of pupils who have already been accepted into the private school under the OPPORTUNITY scholarship program.
6. Be accredited by an appropriate accrediting body and be academically accountable to the parent or guardian for meeting the educational needs of the pupil. The private school must furnish a school profile to the department of education that includes pupil performance.
7. Employ teachers who hold a baccalaureate or higher degree, have at least three years of teaching experience in public or private schools or have special skills, knowledge or expertise that qualifies them to provide instruction in the subjects taught by that teacher.
8. Comply with all laws relating to private schools.
9. Accept as full payment for tuition and fees the amount provided by the state under the opportunity scholarship program for each pupil who participates in the program.
10. AGREE NOT TO COMPEL OR ATTEMPT TO COMPEL ANY PUPIL ATTENDING THE PRIVATE SCHOOL ON AN OPPORTUNITY SCHOLARSHIP TO PROFESS A SPECIFIC IDEOLOGICAL BELIEF, TO PRAY OR TO WORSHIP IN A SPECIFIC MANNER.
11. NOT SUSPEND OR EXPEL PUPILS ATTENDING THE SCHOOL UNDER AN OPPORTUNITY SCHOLARSHIP EXCEPT AS PROVIDED BY SPECIFIC WRITTEN GUIDELINES AND PROCEDURES ADOPTED BY THE PRIVATE SCHOOL.
15-882.03. Program participation; obligations
A. Any pupil participating in the opportunity scholarship program shall remain in attendance at the participating school throughout the school year, unless excused by the school for illness or other good cause, and shall comply fully with the school's code of conduct.
b. The parent or guardian of each pupil participating in the opportunity scholarship program shall comply fully with the private school's parental involvement requirements, unless excused by the school for illness or other good cause.
c. The parent or guardian shall ensure that the pupil participating in the opportunity scholarship program takes all standardized tests required under chapter 7, article 3 of this title.
d. A participant who fails to comply with the requirements of this section forfeits the opportunity scholarship.
15-882.04. Opportunity scholarship funding
A. The maximum amount that may be awarded by the department of education for an opportunity scholarship for an eligible pupil is the amount of state aid that would have been provided for the pupil in the school district of ATTENDANCE if the pupil were to attend a school in that district.
B. Each school district shall report all pupils in the attendance area of the school district who are attending a private school under the opportunity scholarship program.
C. After annual notification on July 1 of the number of participants, the Department of Education shall transfer from each school district's appropriated funds quarterly disbursements to the parents or guardians of pupils who participate in the opportunity scholarship program.
15-882.05. State liability
No liability arises on the part of this state based on any grant or use of an opportunity scholarship.
15-882.06. State board of education; rules
THE STATE BOARD OF EDUCATION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
15-882.07. Program termination
THE PROGRAM ESTABLISHED BY THIS ARTICLE ENDS ON JULY 1, 2011 PURSUANT TO SECTION 41-3102.