15-891

15-891. Arizona scholarships for pupils with
disabilities program; definitions

A. The Arizona scholarships for pupils with disabilities program is established to
provide pupils with disabilities with the option of attending any public school of the
pupil's choice or receiving a scholarship to any qualified school of the pupil's choice.

B. The parent of a public school pupil with a disability who is dissatisfied with
the pupil's progress may request and receive from the state a scholarship for the child
to enroll in and attend any qualified school in accordance with this section if both of
the following apply:

1. The child has spent the prior school year in attendance at a public school in
this state.

2. The parent has obtained acceptance for admission of the pupil to a qualified
school that is eligible for the program under this article and has notified the school
district of the request for a scholarship at least sixty days before the date of the
first scholarship payment. The parental notification must be through a communication
directly to the school district or through the department of education to the school
district in a manner that creates a written or electronic record of the notification and
the date of receipt of the notification.

C. This section does not apply to a pupil who is enrolled in the state educational
system for committed youth pursuant to chapter 11.1 of this title.

D. A scholarship awarded pursuant to this article remains in force until the pupil
returns to a public school or graduates from high school, except that the pupil's parent
may remove the pupil from the qualified school at any time and place the pupil in another
qualified school that is eligible for participation in the Arizona scholarships for
pupils with disabilities program or in a public school as provided in this article.

E. Notwithstanding the enrollment policies or desegregation provisions prescribed
in article 1.1 of this chapter, a school district or charter school shall enroll any
child pursuant to this article.

F. For the purposes of this article:

1. "Pupil with a disability" means a child with a disability as defined in section
15-761 who has been issued an individualized education program as defined in section
15-761.

2. "Qualified school" means a nongovernmental primary school or secondary school or
a preschool for handicapped students that is located in this state and that does not
discriminate on the basis of race, color, handicap, familial status or national origin.