Ariz. Admin. Code § 7-2-1505

Current through Register Vol. 30, No. 50, December 13, 2024

Section R7-2-1505 - Contract Between Parent and Department

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.

Ariz. Admin. Code § R7-2-1505

Adopted by final rulemaking at 26 A.A.R. 2881, effective 11/1/2020. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.