2017 Arizona Revised Statutes
Title 15 - Education
§ 15-2401; Version 2 Definitions

15-2401. Definitions

(L17, Ch. 139, sec. 1. Pending referendum)

In this chapter, unless the context otherwise requires:

1. " Curriculum" means a complete course of study for content areas or grade levels, including any supplemental materials required by the curriculum approved by the department.

2. " Department" means the department of education.

3. " Eligible postsecondary institution" means a community college as defined in section 15-1401, a university under the jurisdiction of the Arizona board of regents or an accredited private postsecondary institution.

4. " Low-income student" means a child who is or was a ward of the juvenile court pursuant to paragraph 7, subdivision (a), item (viii) or (ix) of this section or a child who is a dependent of a family whose federal adjusted gross income as reflected on the last state income tax return that was required to be filed does not exceed two hundred fifty percent of the federal poverty guidelines for that same year.

5. " Parent" means a resident of this state who is the parent or legal guardian of a qualified student.

6. " Qualified school" means a nongovernmental primary or secondary school or a preschool for pupils with disabilities that is located in this state and that does not discriminate on the basis of race, color or national origin.

7. " 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 United States Code section 794).

(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) A child with a disability who is eligible to receive services from a school district under section 15-763.

(iv) Attending a school or school district that has been assigned a letter grade of D or F pursuant to section 15-241.

(v) A child who is currently eligible to attend kindergarten and who resides within the attendance boundary of a school or school district that has been assigned a letter grade of D or F pursuant to section 15-241.

(vi) 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.

(vii) 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 item is not subject to subdivision (b) of this paragraph.

(viii) 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.

(ix) A child who was a ward of the juvenile court and who achieved permanency through adoption or permanent guardianship.

(x) A child who is the sibling of a current or previous empowerment scholarship account recipient or of an eligible qualified student who accepts the terms of and enrolls in an empowerment scholarship account.

(xi) A child who resides within the boundaries of an Indian reservation in this state as determined by the department of education or a tribal government.

(xii) A child of a parent who is legally blind or is deaf or hard of hearing as defined in section 36-1941.

(xiii) Beginning in the 2017-2018 school year, a child who currently attends or is eligible to attend a public school in a kindergarten program or any of grades one, six and nine.

(xiv) Beginning in the 2018-2019 school year, a child who currently attends or is eligible to attend a public school in a kindergarten program or any of grades one, two, six, seven, nine and ten.

(xv) Beginning in the 2019-2020 school year, a child who currently attends or is eligible to attend a public school in a kindergarten program or any of grades one through three and grades six through eleven.

(xvi) Beginning in the 2020-2021 school year, a child who currently attends or is eligible to attend a public school in a kindergarten program or any of grades one through twelve.

(b) And, except as provided in subdivision (a), item (vii) 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 one hundred days of the prior fiscal year and who transferred from a governmental primary or secondary school under a contract to participate in an empowerment scholarship account. First, second and third grade students who are enrolled in Arizona online instruction must receive four hundred hours of logged instruction to be eligible pursuant to this item. Fourth, fifth and sixth grade students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item. Seventh and eighth grade students who are enrolled in Arizona online instruction must receive five hundred fifty hours of logged instruction to be eligible pursuant to this item. High school students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item. The department may request a local education agency to provide documentation or confirmation of the student attendance required by this item, and the school shall comply with the department's request within ten days.

(ii) Previously participated in an empowerment scholarship account.

(iii) Received a scholarship under section 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending a qualified school.

(iv) Was eligible for an Arizona scholarship for pupils with disabilities and received monies from a school tuition organization pursuant to section 43-1505 or received an Arizona scholarship for pupils with disabilities but did not receive monies from a school tuition organization pursuant to section 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending a qualified school.

(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. For the purposes of this item, a child is eligible to enroll in a kindergarten program if the child is at least four but under seven years of age.

(vi) Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a program for preschool children with disabilities in this state.

8. " Treasurer" means the office of the state treasurer.