Page 1
page 1
Parent Handbook
Empowerment Scholarship Account Program
School Year 2025-2026
July 1, 2025
Page 2
page 2
We are a service organization committed to raising academic
outcomes and empowering parents.
Arizona Department of Education
Superintendent Tom Horne
Deputy Superintendent Margaret Dugan
Empowerment Scholarship Account Program
Executive Director John Ward
Contact information
Arizona Department of Education ClassWallet
ESA Program 1-877-969-5536
1535 W. Jefferson St. Bin #41 help@classwallet.com
Phoenix, AZ 85007 Monday through Friday 8am to 8pm EST
602-364-1969 Saturday 10am to 4pm EST
www.azed.gov/esa
ESACallCenter@azed.gov
Monday through Friday 8am to 5pm
See our website for current evening
hours.
Introduction .................................................................................................. 1
page 3
Table of Contents
Chapter 1 Introduction .................................................................................................. 1
Handbook purpose ............................................................................................... 2
What is an Empowerment Scholarship Account (ESA)? ....................................... 2
Accepting an Empowerment Scholarship ............................................................. 2
ESA funding dates...................................................................................... 3
Empowerment Scholarships are stored in a digital wallet for each student........... 3
Account behavior that can cause termination ....................................................... 3
Handbook updates................................................................................................ 4
How to stay updated ............................................................................................. 4
Parent Advisory Committee .................................................................................. 4
How to get assistance ........................................................................................... 4
Arizona residency requirement ............................................................................. 5
Changes related to emails, addresses, and phone numbers ................................ 5
Security of sensitive information ........................................................................... 5
Confidentiality ............................................................................................. 5
Advocates .................................................................................................. 5
Account Holder responsibilities to secure sensitive information ................. 6
Homeschool affidavits ...........................................................................................
5
Account Holder responsibilities to secure sensitive information ................. 6
Homeschool affidavits ........................................................................................... 6
Chapter 2 ESA Eligibility Requirements and Application Process ........................... 7
Is my student eligible to participate in ESA? ......................................................... 8
How do I apply and what do I need when I apply? ................................................ 8
New applications ........................................................................................ 8
Acceptable proof of Arizona residency documentation ............................... 9
Eligibility categories requiring additional documentation .......................... 10
Now that you have all required documents, it’s time to apply! .................. 10
When will I know that my student’s application has been approved? ....... 10
Chapter 3 Purchase and Program Requirements .................................................... 12
Important things to keep in mind: ............................................................. 13
Approved purchasing categories for ALL students .............................................. 15
Tuition or fees and required textbooks at a qualified school................................ 17
Approved qualified school fees ................................................................ 17
Tutoring or teaching services .............................................................................. 17
Examples of allowable tutoring and teaching services ............................. 18
Examples of unallowable tutoring and teaching services ......................... 18
Business Accreditation Attestation Form .................................................. 19
Curricula and supplemental material................................................................... 20
Questions about making a purchase? ...................................................... 20
Example of parent-provided curriculum .............................................................. 21
Supplemental material ............................................................................. 22
General education supplemental material ................................................ 23
Tuition or fees for a non-public online learning program..................................... 24
Services provided by a public school.................................................................. 25
Fees for achievement tests, placement tests, and college entry exams ............. 25
Tuition or fees and required textbooks at an eligible postsecondary school........ 25
Dual enrollment ........................................................................................ 26
Public transportation services ............................................................................. 26
Computer hardware and technological devices .................................................. 26
Approved purchase categories for students with a disability ............................... 28
Associated goods and assistive technology ........................................................ 29
Educational therapies and services .................................................................... 30
Examples of approved therapies.............................................................. 30
Medical insurance ............................................................................................... 32
Paraprofessionals or educational aides ..............................................................
............................................................................................... 32
Paraprofessionals or educational aides .............................................................. 32
Approved paraprofessional or educational aide credentials ..................... 32
Educational and psychological evaluations ......................................................... 33
Vocational and life skills education for ESA students with a disability ................. 33
Additional information for parent of a student with a disability ............................. 34
Child find .................................................................................................. 34
Equitable services .................................................................................... 35
Change in disability classification ............................................................. 35
Changing your student’s eligibility to a disability eligibility – Flowchart ..... 37
Preschool Severe Delay funding .............................................................. 37
Developmental Delay funding................................................................... 38
Students with a disability (After 12th-grade cohort year) .......................... 38
Expenses for students with a disability ............................................................... 38
ESA unallowable purchases ............................................................................... 40
Non-approved therapies and services ................................................................ 41
ClassWallet Accounts ............................................................................... 45
page 5
Documenting ESA purchases ............................................................................. 43
Invoice requirements ................................................................................ 43
Receipt requirements ............................................................................... 43
Debit card and reimbursement receipt submission deadlines .................. 44
Chapter 4 ClassWallet Accounts ............................................................................... 45
About ClassWallet............................................................................................... 46
Establishing a ClassWallet account .................................................................... 46
Accessing a ClassWallet account ....................................................................... 47
Contacting ClassWallet ....................................................................................... 47
Four ways to spend your Empowerment Scholarships in ClassWallet ................ 47
Marketplace.............................................................................................. 47
Pay vendor ............................................................................................... 47
Debit card................................................................................................. 48
Reimbursement ........................................................................................ 49
Vendor registration in ClassWallet ...................................................................... 50
Chapter 5 Auditing and Compliance for ESA Purchases ........................................ 51
Auditing purchases ............................................................................................. 52
Unallowable purchases that may result in account suspension or termination.... 53
Suspension of ESAs ...........................................................................................
.... 52
Unallowable purchases that may result in account suspension or termination.... 53
Suspension of ESAs ........................................................................................... 54
Termination of ESAs ........................................................................................... 54
Repayment plans................................................................................................ 54
Repayment instructions ...................................................................................... 55
Chapter 6 Renewing ESA Contracts ......................................................................... 56
Eligibility requirements to renew your annual ESA contract ................................ 57
Renewal contracts .............................................................................................. 57
Chapter 7 Leaving the ESA Program ........................................................................ 58
Withdrawal .......................................................................................................... 59
Non-renewal ....................................................................................................... 59
“Exited” contract.................................................................................................. 60
Termination ......................................................................................................... 60
Chapter 8 ESA Support ............................................................................................... 61
Seeking ESA support? ........................................................................................ 62
ESA support ticket system .................................................................................. 62
Updating an existing ESA support ticket ............................................................. 63
ESA Statutes .......................................................................................... 66
page 6
Getting an error message trying to access ESA’s Support Ticketing system ...... 63
Key handbook highlights ............................................................................................ 64
Acronyms ..................................................................................................................... 65
Appendix A: ESA Statutes .......................................................................................... 66
A.R.S. §15-2401 – Definitions ............................................................................. 66
A.R.S. §15-2401.01 – Definition of qualified student for Arizona empowerment
scholarship accounts; expansion ........................................................................ 69
A.R.S. §15-2402 – Arizona empowerment scholarship accounts; funds ............. 69
A.R.S. §15-2403 – Arizona empowerment scholarship accounts; administration;
appeals; risk-based audits; rules; policy handbook ............................................ 74
A.R.S. §15-2404 – State control over nonpublic schools; prohibition; application
........................................................................................................................... 78
A.R.S. §15-2405 – Arizona empowerment scholarship accounts parent oversight
committee; membership; duties .......................................................................... 78
A.R.S. §15-2406 – Arizona empowerment scholarship accounts; quarterly reports
........................................................................................................................... 80
Appendix B: ESA Administrative Rules ..................................................................... 81
R7-2-1501 – Definitions ...................................................................................... 81
R7-2-1501.01 – Expanded qualified student definition ........................................
01 – Definitions ...................................................................................... 81
R7-2-1501.01 – Expanded qualified student definition ........................................ 84
R7-2-1502 – General provisions ......................................................................... 85
R7-2-1503 – Department responsibilities ............................................................ 85
R7-2-1504 – Application and account activation ................................................. 88
R7-2-1505 – Contract between parent and department ...................................... 89
R7-2-1506 – Contract renewal ............................................................................ 91
R7-2-1507 – Use of funds ................................................................................... 92
R7-2-1508 – Review of expenses ....................................................................... 93
R7-2-1509 – Misuse of funds .............................................................................. 95
R7-2-1510 – Corrective action ............................................................................ 96
R7-2-1511 – Appeals .......................................................................................... 97
Agency Roles .................................................................................................. 105
July 1, 2025
Dear Parents and Students,
Welcome! We are excited to have you as a part of the Empowerment Scholarship
Account (ESA) program.
Arizona’s ESA program was signed into law by the Governor in 2011. The
Arizona Department of Education is responsible for administering the program in
compliance with state law, as well as applicable administrative rules enacted by
the Arizona State Board of Education. These governing laws and rules, to which
the Department adheres, can be found in Appendix A and Appendix B.
The Department of Education’s mission is to be a service organization that
empowers parents in the education of their children. The ESA Parent Handbook
is intended to help you navigate this innovative program. In addition to this
handbook, we have many other resources on our website (azed.gov/esa) to help
answer your questions and provide important information about the program. We
also send out periodic emails with timely news and program tips. Previous emails
can be found at https://www.azed.gov/esa/esa-support.
Again, welcome to the ESA program!
Sincerely,
ESA Program Team
| Introduction
page 9
Chapter 1 | Introduction
Empowerment Scholarship Account | 2025-2026 Parent Handbook
2
Handbook purpose
The purpose of the ESA Parent Handbook is to provide parents information and
guidance concerning the policies, procedures, and implementation of the ESA program.
What is an Empowerment Scholarship Account (ESA)?
An ESA is an account administered by the Arizona Department of Education (ADE) and
funded by state tax dollars to provide options for the education of qualified students in
Arizona, which includes preschool students with a disability and K-12 students eligible
to enroll in an Arizona public school. ESA funds do not constitute taxable income to the
parent of the qualified student.
The ESA program allows parents and guardians of qualified students to utilize state tax
dollars through Empowerment Scholarships to purchase educational materials and
services from educational and retail vendors, private schools, and a variety of education
service providers. Eligible students receive Empowerment Scholarships that are
equivalent to 90 percent of the state funding that Arizona would have spent on them had
the students attended their local public schools.1
Pursuant to Arizona Revised Statutes (A.R.S.) §15-2402(B)(1), Empowerment
Scholarship Account Holders must spend a portion of their Empowerment Scholarships
to provide an education in at least the following subjects: reading, grammar,
mathematics, social studies, and science.
Accepting an Empowerment Scholarship
By accepting an Empowerment Scholarship, a parent or guardian becomes an Account
Holder by entering into a legal contract with ADE pursuant to A.R.S. §15-2402(B).
Accepting an Empowerment Scholarship
By accepting an Empowerment Scholarship, a parent or guardian becomes an Account
Holder by entering into a legal contract with ADE pursuant to A.R.S. §15-2402(B). In
exchange for the Account Holder’s commitment to the obligations set forth in the ESA
contract and state law, ADE creates an ESA for the current school year and agrees to
fund ESAs on a quarterly basis.2
An eligible student’s Empowerment Scholarship amount depends on several factors
including annual legislative budget appropriations for education, disability status, and
the school district in which the student resides. Learn more at
https://www.azed.gov/esa/esa-support, under the ESA Funding dropdown menu.
1 This does not include any federal or local funding
2 Empowerment scholarships are based on current-year funding factors. However, when contracts are signed by
parents prior to the second quarter of each fiscal year (October 1 through December 31), the contract will reflect
funding factors from the prior fiscal year since funding amounts associated with current-year funding factors are not
final until after the first quarter (July 1 through September 30) has begun. Final Empowerment Scholarship amounts
cannot be determined until amounts associated with current-year funding factors are finalized in Quarter 1 of each
fiscal year. As a result, in Quarter 2 of each fiscal year, Account Holders may see an adjustment to their students’
Empowerment Scholarship amounts. An adjustment could be either an increase or a decrease to funding. Most
funding adjustments are a small percent of total award.
Chapter 1 | Introduction
Empowerment Scholarship Account | 2025-2026 Parent Handbook
3
ESA funding dates
When your student has received his or her Empowerment Scholarship, the student’s
account will be funded according to the following schedule:
Quarter Dates Funding dates
1 July 1 – September 30 July 15 – July 31
2 October 1 – December 31 October 15 – October 31
3 January 1 – March 31 January 15 – January 31
4 April 1 – June 30 April 15 – April 30
Attention: Empowerment Scholarships are not intended to fund students who intend to
be on the program only during the summer months by enrolling in the summer and then
withdrawing and returning to a public school at the beginning of the new school year.
Families who apply, receive, and spend Empowerment Scholarships under this scenario
will be asked to repay their scholarship funds and will be referred to the State Board of
Education (SBE) for collections if they fail to repay the owed scholarship funds.
Empowerment Scholarships are stored in a digital wallet for
each student
Each student`s ESA funds are stored and spent through a digital wallet. The digital
wallet is on the ClassWallet financial solutions platform, with whom the state has a
contract to administer the digital wallets. Each quarter, ADE funds the digital wallets and
Account Holders are then able to spend their students’ ESA funds.
Account behavior that can cause termination
The Department reserves the right to terminate an ESA for violations of the contract
(please refer to your contract for all terms and conditions), applicable policies, rules, or
laws.
ause termination
The Department reserves the right to terminate an ESA for violations of the contract
(please refer to your contract for all terms and conditions), applicable policies, rules, or
laws. Examples of violations that are likely to result in termination include:
• Enrolling the student in a public district school, charter school, or public online
school (including summer public school), without paying the public or charter
school tuition for enrollment as an ESA student.
• Accepting any School Tuition Organization (STO) scholarship or tax credit
scholarship concurrently while on an ESA contract in the same contract year.
• Failing to provide debit card transaction receipts by the quarterly deadlines.
• Failing to spend a portion of your student’s ESA funds annually in at least the
following subjects: reading, grammar, mathematics, social studies, and science.
• Misspending funds or committing fraud.
• Reselling items purchased with Empowerment Scholarships.
Chapter 1 | Introduction
Empowerment Scholarship Account | 2025-2026 Parent Handbook
4
Handbook updates
Pursuant to Arizona Administrative Code (A.A.C.) R7-2-1503(1), ADE reviews this
handbook under the guidance of the SBE. On or before March 1 of each year, ADE
provides SBE with a handbook, developed in consultation with parents of children on
the ESA program, that includes information relating to policies and processes of ESA.
SBE adopts the handbook on or before May 1 of each year. SBE limits substantive
changes to the handbook to once every three years. However, policies can and will be
added and/or redacted in response to newly enacted legislation, court decisions, rule
changes, and/or suggestions for best practices, which may occur more frequently. In
these cases, ESA staff will notify Account Holders of these necessary change(s) to the
handbook and their effective date(s) via the ESA website and/or through other types of
communication.
How to stay updated
We encourage ESA Holders to visit ADE’s ESA website, for the most up-to-date
information. ADE will communicate with ESA Holders by periodically sending emails.
Parent Advisory Committee
The Arizona Department of Education developed the Parent Advisory Committee (PAC)
as one of the ways it solicits parent feedback on specific ESA program processes and
procedures. The PAC is a group of parents who meet at least three times per academic
year with ESA staff to share challenges, give feedback, and to discuss ways to improve
the program for all ESA families. Information about the committee is available on our
website at https://www.azed.gov/esa/esa-parent-advisory-committee.
How to get assistance
The ESA Team is available by phone at (602) 364-1969
Monday to Friday: 8:00 AM – 5:00 PM
Email ESACallCenter@azed.gov
ESA Support Ticket Accessible through the ESA parent portal
Mail 1535 W.
ssistance
The ESA Team is available by phone at (602) 364-1969
Monday to Friday: 8:00 AM – 5:00 PM
Email ESACallCenter@azed.gov
ESA Support Ticket Accessible through the ESA parent portal
Mail 1535 W. Jefferson Street, Bin #41, Phoenix, AZ 85007
Note: ESA staff are trained to provide support and offer technical assistance regarding
applications, program questions, and purchases. ESA staff cannot provide guidance or
recommendations to families about private schools, education service providers, or
vendors.
d advocate.
Additionally, all ESA vendors and service providers will respect the confidential nature of
an Account Holder’s personal information and collect only the data required to provide
services. They will not share or distribute an Account Holder’s personal information
except as provided in the applicable Terms of Service and the third-party vendor’s
privacy policy or as may be required by law.
Advocates
ESA staff also protects ESA students’ personally identifiable information by only
communicating with ESA Account Holders and Applicants directly. Account Holders and
Applicants may have advocates, friends, or family members (collectively referred to as
advocates) assist them in navigating the ESA program. This assistance may include an
3 Arizona Administrative Code (A.A.C) R2-7-1502(D)
4 Information Collected Under A.R.S., Title 15, Chapter 19 and Public Records Requests, Ariz. Attorney General Op.
No. I20-010 (Aug. 3, 2020), https://www.azag.gov/sites/default/files/2020-08/I20-010.pdf
Chapter 1 | Introduction
Empowerment Scholarship Account | 2025-2026 Parent Handbook
5
Arizona residency requirement
In accordance with A.R.S. §15-2401(5), parent means a resident of this state who is the
parent, stepparent or legal guardian of a qualified student. Additionally, A.R.S. §15-
2401(7) defines a qualified student as a resident of this state. Therefore, a parent,
stepparent, or legal guardian will be asked to provide proof of Arizona residency at the
time of application and at any time they are enrolled in the ESA program.
Acceptable Proof of Arizona Residency documentation requirements can be found in
Chapter 2, ESA Eligibility Requirements and Application Process.
Changes related to emails, addresses, and phone numbers
Account Holders must contact the Department and update contact information, including
email address, mailing address, or phone number within 30 days of any change.3
Security of sensitive information
Confidentiality
Under state law, including A.R.S. §15-1045, which incorporates the protections of the
Family Educational Rights and Privacy Act (FERPA), the Department is obligated to keep
all student “education records” confidential and secure. While certain records collected or
maintained by ADE or SBE through the ESA program may not fall within FERPA’s
definition of “education records,” it is likely that other records that come into possession
of ADE or SBE through the ESA program are “education records” for FERPA purposes.4
The Department and ESA staff will not release personally identifiable information
regarding your child, including financial information or personal details (this includes your
contract information) to private schools, education service providers, vendors, or anyone
who is not the Account Holder or their designated advocate.
Additionally, all ESA vendors and service providers will respect the confidential nature of
an Account Holder’s personal information and collect only the data required to provide
services.
nds Account Holders refrain from sharing details
of their awards to third parties, including a qualified student’s private school, education
service providers, or vendors.
Homeschool affidavits
A.R.S. §15-2402(B)(5) requires that the parent of an ESA student not file an affidavit of
intent to homeschool. This means that an ESA contract serves as the “affidavit” or proof
that the student is receiving an education as required by Arizona law. If an ESA parent
already has a homeschool affidavit on file, the ESA parent should contact the
appropriate county superintendent’s office for withdrawal instructions. Although ESA
parents may use funds for home education, their ESA students are not classified as
“homeschoolers” for purposes of state law.
Chapter 1 | Introduction
Empowerment Scholarship Account | 2025-2026 Parent Handbook
6
advocate participating in conversations or correspondence regarding an ESA account or
assisting an ESA Applicant through the application process. However, ADE’s
expectations are that the Account Holder or ESA Applicant takes full responsibility and
accountability for the ESA and its use of scholarship funds. Additionally, while ESA
Applicants and Account Holders may use advocates for assistance, ADE always
requires Applicants or Account Holders to be on calls or emails when communicating
with ADE regarding their ESA applications or participation.
If Applicants or Account Holders want to include an advocate in their communications
with ADE, then the Applicant or Account Holder must submit a written notification to
ADE. Advocates may not submit documents to ADE on behalf of the Account Holder or
Applicant. Account Holders or Applicants must submit their own documents but may
copy their advocates on an email or invite them to be on a call.
Account Holder responsibilities to secure sensitive information
Account Holders should secure their prepaid debit cards and ClassWallet accounts just
as they would secure their personal debit cards and bank accounts. The Department
encourages Account Holders to use caution when providing personal information to third
parties, such as social security numbers, dates of birth, ClassWallet debit card
information, or ESA Application IDs, as examples. Specifically, Account Holders MUST
NEVER SHARE ClassWallet login and password credentials with anyone, including
private schools, education service providers, or vendors. To further protect your
account, the Department also recommends Account Holders refrain from sharing details
of their awards to third parties, including a qualified student’s private school, education
service providers, or vendors.
Homeschool affidavits
A.R.S.
ESA Eligibility
page 14
Chapter 2
ESA Eligibility
Requirements and
Application Process
| ESA Eligibility Requirements and Application Process
page 15
gally blind, deaf or hard of hearing.
• Student is a sibling of a current or previous ESA participant.
• Student is a ward of the juvenile court and is residing with a prospective
permanent placement. Additionally, there must be a case plan indicating that
the student’s current placement is intended to result in adoption or permanent
guardianship.
• Student is currently attending a D- or F-rated school or district at the time of
application or is a kindergarten student assigned to a D- or F-rated school.
• Student of a parent/legal guardian who is a member of the Armed Forces of the
United States and is on active duty.
• Student of a parent/legal guardian who was a member of the Armed Forces of
the United States and was killed in the line of duty.
• Student previously participated in the Empowerment Scholarship Account
program and was not removed from the program.
• Student resides within the boundaries of an Indian reservation within this state.
How do I apply and what do I need when I apply?
Before you apply, gather important documents that you will need to complete the
application process.
New applications
All new applications require the following documentation:
□ Student birth certificate (color image of entire document, showing all 4 corners)
□ Proof of residency
□ Driver’s license or government-issued identification
Chapter 2 | ESA Eligibility Requirements and Application Process
Empowerment Scholarship Account | 2025-2026 Parent Handbook
8
The ESA program ensures that Arizona parents have a broad set of education options
to explore and choose when deciding the best learning options for their children. To help
your student participate in the ESA program, this chapter provides important information
regarding program eligibility and the application process.
Is my student eligible to participate in ESA?
Yes, if he or she is:
• A kindergarten through 12th-grade student who lives in Arizona and is eligible
to attend a public school. (Universal eligibility)
• Preschool student with a disability
• Student identified as having a disability who has an Individualized Education
Program (IEP), Multidisciplinary Evaluation Team (MET) Report, 504 Plan, or
Independent Educational Evaluation (IEE) at time of application.
• Student is a child of a parent who is legally blind, deaf or hard of hearing.
• Student is a sibling of a current or previous ESA participant.
• Student is a ward of the juvenile court and is residing with a prospective
permanent placement.
Chapter 2 | ESA Eligibility Requirements and Application Process
Empowerment Scholarship Account | 2025-2026 Parent Handbook
9
Acceptable proof of Arizona residency documentation
Primary list of required documents (please submit one document from the list below):
□ Utility bill (water, electric, gas, cable, landline phone, internet) issued within the past
60 days. The document MUST show the entire bill (not just the coupon section) and
include all four corners of every page. Unopened documents that just show the mailing
address through an envelope window are insufficient.
□ Physical address verification letter (for rural addresses only) from a fire department or
law enforcement agency issued within the past 60 days.
□ Physical address verification letter (for Native American Reservation addresses only)
from a tribal agency or Chapter House issued within the past 60 days.
□ Temporary on-base billeting facility (for military families) issued within the past 60
days.
□ Address Confidentiality Program (ACP) enrollment card.
OR
Secondary list of required documents (please submit at least 2 documents that include
your address from the list below only if you are unable to provide a document from
the primary document list):
□ Social Security Administration documents issued within the past 60 days.
□ Veterans Affairs Administration documents issued within the past 60 days.
□ Arizona Department of Economic Security documents issued within the past 60 days.
□ Arizona Department of Transportation vehicle registration issued within the past 60
days.
□ Property tax bill with name issued within the past year. Must be the actual bill – a
payment coupon or receipt is not sufficient.
□ W-2 OR 1098 OR 1099 tax document issued within one year.
OR
Affidavit of Shared Residence
□ If applicant is unable to provide documentation as proof of residency in his or her
name from the primary or secondary lists provided above, he or she may submit a
notarized Affidavit of Shared Residence form.
visiting the following website:
https://esaportal.azed.gov/Account. If you are a first-time applicant, you will be
prompted to set up an ADEConnect user account with your email and a secure
password. Once completed, you will then be able to log in to create your new
application.
When will I know that my student’s application has been approved?
The Department of Education has 30 days to review a complete application from the
date the complete application is submitted.5 If your application is complete, you will
receive an email informing you of the quarterly funding amount approved for your
student, along with instructions on how to sign the ESA contract.
However, if you did not submit all required documentation upon our initial review, your
application will be marked as incomplete. You will then receive an electronic notice
indicating the specific information you must still submit. Once you have submitted
information that was missing and your application is complete, the Department has
5 Complete application means all required documents have been submitted.
Chapter 2 | ESA Eligibility Requirements and Application Process
Empowerment Scholarship Account | 2025-2026 Parent Handbook
10
Eligibility categories requiring additional documentation
• Preschool student with a disability
• Student identified as having a disability who has an Individualized Education
Program (IEP), Multidisciplinary Evaluation Team (MET) Report, 504 Plan, or
Independent Educational Evaluation (IEE) at time of application.
• Student is a child of a parent who is legally blind, deaf or hard of hearing.
• Student is a sibling of a current or previous ESA participant.
• Student is a ward of the juvenile court and is residing with a prospective
permanent placement. Additionally, there must be a case plan indicating that
the student’s current placement is intended to result in adoption or permanent
guardianship.
• Student of a parent/legal guardian who is a member of the Armed Forces of the
United States and is on active duty.
• Student of a parent/legal guardian who was a member of the Armed Forces of
the United States and was killed in the line of duty.
If any of these eligibility categories apply to your student please visit
https://www.azed.gov/esa/eligibility-requirements for specific information about what
additional documents you will need to provide to complete your application.
Now that you have all required documents, it’s time to apply!
Begin the application process by visiting the following website:
https://esaportal.azed.gov/Account. If you are a first-time applicant, you will be
prompted to set up an ADEConnect user account with your email and a secure
password.
Chapter 2 | ESA Eligibility Requirements and Application Process
Empowerment Scholarship Account | 2025-2026 Parent Handbook
11
Parent submits a complete
application and ADE
reviews in 30-days.
Your contract is available
for signature, within
your ESA parent portal.
You are missing required
documentation. Check
your email for further
information.
Your student does not
meet eligibility
requirements and will
not receive a contract.
another 30 days to review your application. Please note that if your application is
incomplete and you have not uploaded the required documents within 30 days after
being prompted, it will be closed. If you have uploaded additional documents to
complete your application after being prompted, please allow an additional 30 days for
review.
Note: All required documentation must be submitted at the time of application
| Purchase and Program Requirements – ALL Students
page 20
15-2402(B)(1) requires that a portion of each student’s Empowerment
Scholarship must be spent on at least each of the following subjects: reading,
grammar, mathematics, social studies, and science.
7. Account Holders cannot use one student’s Empowerment Scholarship to pay for
another ESA student’s educational items or services. However, this does not
preclude account holders from purchasing allowable educational items for their
ESA students and then allowing those items to be used by other ESA students
later, such as siblings, who may be able to use the items to meet their
educational needs as well.
8. ESA students must receive allowable purchases within the same contract year
(July 1-June 30) that the purchases, including tuition, are paid. An exception can
be granted to account holders who pre-pay school enrollment fees.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
13
The ESA program is designed to allow Account Holders to make the educational
choices that best serve their students’ needs. The Department is required by law to
administer the ESA program and uphold all ESA laws and rules. These laws and rules
can be found in Appendix A and Appendix B.
Important things to keep in mind:
1. The ESA program does not create or maintain a list of recommended schools,
vendors, or educational service providers.
2. It is at the Account Holder’s discretion to choose educational service providers or
vendors. It is the sole responsibility of the account holder to ensure that an
educational service provider has the proper accreditation or credentials prior to
receiving a service.
3. It is Account Holders’ responsibility to follow the law and terms of their ESA
contracts and use Empowerment Scholarships for purposes allowed under
A.R.S.§15-2402(B)(4). Although ADE cannot provide legal advice, this Parent
Handbook aims to provide technical assistance to help determine what
purchases are allowable.
4. Account Holders and parents or guardians who are not designated account
holders, cannot be paid with any funds from their students’ Empowerment
Scholarships. Additionally, students receiving Empowerment Scholarships
cannot use their scholarships to pay themselves for any purpose whatsoever.
5. Pursuant to A.R.S. §15-2402(J), a qualified school or an educational service
provider may not share, refund, or rebate any ESA funds to the Account Holder
(parent, stepparent, or legal guardian) or qualified student, in any manner.
6. A.R.S. §15-2402(B)(1) requires that a portion of each student’s Empowerment
Scholarship must be spent on at least each of the following subjects: reading,
grammar, mathematics, social studies, and science.
7.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
14
9. Account Holders cannot spend their students’ Empowerment Scholarships to pay
for any purchases made prior to when their student’s contract was signed or prior
to the contract effective date of July 1 (for new contract holders).
tor or
teacher will need at least to provide his or her high school diploma or higher degree, which will serve as his or her
accreditation from a state, regional, or national accrediting organization. In contrast, a business with more than one
tutor that is billing with an invoice under its business name will need to provide an accreditation by a state, regional,
or national accrediting organization OR the business can attest to the fact that all its employees providing services to
ESA students are accredited, including high school diplomas or higher, by submitting an attestation of such. Pursuant
to A.R.S. §1-701 the Arizona Department of Education recognizes and accepts homeschool diplomas for this
purpose. Credentials of any kind cannot be expired.
8 Degrees or transcripts issued by a foreign educational institution must be translated at the expense of the vendor
into English and evaluated for U.S degree equivalence by a vendor qualified to make such evaluations.
9 Pursuant to A.R.S. §15-2401(2), supplemental materials must be required or recommended by the curriculum.
Supplemental material means relevant materials directly related to the course of study for which they are being used
to introduce content and instructional strategies or that enhance, complement, enrich, extend, or support the
curriculum. A.A.C. R7-2-1501(14).
10 Any fees that may be levied by the Department to cover the costs of managing the Empowerment Scholarship
Account program.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
15
Approved purchasing categories for ALL students
Approved purchasing
categories listed in
A.R.S. §15-2402(B)(4)
Description
Tuition or fees at a qualified school
and required textbooks at a qualified
school
A qualified school is defined as a nongovernmental primary or
secondary school or a preschool for pupils with disabilities
located in Arizona serving PK-12th grades.6 The school must not
discriminate on the basis of race, color, or national origin.
Tutoring or teaching services All services must be provided by an individual or business
currently accredited by a state, regional, or accrediting
organization.7, 8
Curricula and supplementary material
A course of study for content areas or grade levels, including
any supplemental education materials required or
recommended by the curriculum, approved by the Department.9
Fees Fees to manage the Empowerment Scholarship Account10
Tuition or fees for a nonpublic online
learning program
Online learning programs or courses
Fees for nationally standardized
norm-referenced achievement tests
and grade level testing
Advanced Placement exams or other exams including
preparation exams related to college or university admissions,
such as the ACT or SAT. This also includes grade-level
standardized achievement testing.
6 A qualified student who resides within the boundaries of an Indian reservation in this state may attend a qualified
school in an adjacent state that is within 2 miles of the border of the state in which the student resides.
7 When a single individual provides tutoring or teaching services, as a private individual or a business, the tutor or
teacher will need at least to provide his or her high school diploma or higher degree, which will serve as his or her
accreditation from a state, regional, or national accrediting organization.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
16
Tuition or fees at an eligible
postsecondary institution and required
textbooks
Community college, as defined in A.R.S. §15-1401; a university
under the AZ Board of Regents, or an accredited private
postsecondary institution
Services provided by a public school Includes individual classes and extracurricular programs at a
public school
Uniforms Uniforms must be purchased from or through a qualified school
or vendor that the school recommends or requires.
Insurance or surety bond payments Insurance or surety bonds related to an individual
Empowerment Scholarship Account for allowable expenses
Public transportation services Includes a commuter pass for a qualified student, or
transportation network services as defined in A.R.S. §28-9551
between the qualified student’s residence and a qualified school
in which the qualified student is enrolled.
Computer hardware and technological
devices
Computer hardware and technological devices. Includes
calculators, personal computers, laptops, tablet devices,
microscopes, telescopes, and printers. Does not include
entertainment and other primarily noneducational devices,
including televisions, telephones, video game consoles and
accessories, and home theatre and audio equipment.
Note: When making purchases and submitting them for approval or reimbursement
through the ClassWallet platform, Account Holders will be required to select from the
allowable categories above to categorize their expenses.
fees
• Tutoring fees
• Uniform fees
Tutoring or teaching services
When tutoring or teaching services are provided by an individual, the individual must
submit an approved accreditation or credential. When tutoring or teaching services are
provided by a business with more than one tutor, the business must submit an approved
accreditation or credential for all tutors providing services to ESA students or complete
the ESA program’s tutor/teaching attestation form.
When Account Holders pay for tutoring or teaching services with an ESA debit card or
seek reimbursement, they must submit receipts AND a copy of the tutor’s credentials or
the tutoring company’s completed tutoring/teaching attestation form through the
ClassWallet platform.11 Please note that screenshots of websites will not be accepted
as a copy of an accreditation, credential, or attestation.12
When submitting orders through ClassWallet’s Pay Vendor option because the ESA
program has already determined that those vendors meet accreditation, credential, or
11 ESA reserves the right to request that an Account Holder resubmit accreditation or credential. Altering or
manipulating any accreditation may result in termination and/or referral to the SBE, who can refer cases of fraud or
misuse of funds to the Attorney General’s Office. Full transcripts are recognized as a form of accreditation.
12 A screenshot, screen capture, or screen grab is a digital image that shows the contents of a computer display.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
17
Tuition or fees and required textbooks at a qualified school
If an Account Holder submits tuition invoices to pay for tuition at a qualified school,
the invoices must meet the requirements listed in Chapter 3, Invoice Requirements.
Failure of Account Holders to submit complete invoices will result in rejected
orders. For all invoices, any amount requested for payment that is over the amount
on the invoice may be rejected. ESA staff will only approve invoices up to the total
allowable charges on the invoice, despite any requests submitted into the
ClassWallet platform for payments above the total allowable charges on the
invoice.
Approved qualified school fees
In addition to tuition, qualified schools may charge fees for the following approved
purposes:
• Application fees
• Computer lab fees
• Enrollment fees
• Facility fees
• Lab fees (science labs, math
labs, etc.)
• Musical instrument rental fees
• Payment processing fees
• Registration fees
• Required book or textbook fees
• Supply fees
• Transportation fees
• Tutoring fees
• Uniform fees
Tutoring or teaching services
When tutoring or teaching services are provided by an individual, the individual must
submit an approved accreditation or credential.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
18
attestation requirements prior to including them as ClassWallet vendors, no credential
action is required.
Examples of allowable tutoring and teaching services include but are
not limited to:
• Agriculture
• Archery
• Art
• Chess
• Civics
• Cooking lessons
• Dance
• Drama
• Driver’s education
• Educational class provided by a government
entity (documentation/accreditation/credential
is not required)
• Foreign language
• Grammar
• Gymnastics
• Home economics
• Horseback riding
lessons
• Martial arts
• Mathematics
• Music
• Personal finance
• Physical education
• Reading
• Science
• Sewing
• Social studies
• Swimming
• Woodworking
Examples of unallowable tutoring and teaching services include but
are not limited to:
• Dog training
• Any course deemed inappropriately explicit by the Department
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
19
Arizona Department of Education Empowerment Scholarship Account (ESA)
Tutoring / Teaching Services Business Accreditation Attestation Form
Company Name:
Address:
Phone Number:
Email:
By signing this form, I attest to the following:
For businesses that offer academic tutoring or teaching services:
All tutors and teachers employed or contracted to provide tutoring or teaching
services to ESA students have a high school diploma or higher degree from an
accredited state, regional, or national accrediting organization pursuant to A.R.S.
§15-2402(B)(4)(d). In accordance with A.R.S. §1-701 homeschool diplomas will
be accepted.
For businesses that offer non-academic tutoring or teaching services:
All tutors and teachers employed or contracted to provide tutoring or teaching
services to ESA students have a high school diploma or higher degree or a
certification in the area of instruction from an accredited state, regional, or
national accrediting organization pursuant to A.R.S. §15-2402(B)(4)(d). In
accordance with A.R.S. §1-701 homeschool diplomas will be accepted.
Company Representative Printed Name:
Company Representative Signature: Date:
Form Link:
https://www.azed.gov/sites/default/files/2025/02/ESA_Tutoring_Teaching_Services_Atte
station_Fillable_Form.pdf
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
20
Curricula and supplemental material
Arizona Revised Statutes §15-2401(2) and Arizona Administrative Code (A.A.C.) R7-2-
1501(3) define a curriculum as a course of study for content areas or grade levels,
including any supplemental education materials required or recommended by the
curriculum and approved by the Department.
In 2020, the State Board of Education, working in collaboration with the Arizona
Department of Education and stakeholders, defined supplemental material as “relevant
materials directly related to the course of study for which they are being used that
introduce content and instructional strategies or that enhance, complement, enrich,
extend or support the curriculum.” See A.A.C. R7-2-1501(16).
When providing a curriculum to support the purchase of supplemental material or
classes in a content area, curriculum documentation must include:13
• Student name
• Course of study
• Learning objectives
• Method of teaching, lesson plans, and description of activities or exercises
• Required supplemental material needed to achieve the learning objectives within
the scope and sequence. These materials are supplemental items to the
curriculum.
Account holders should provide any other curriculum-related documentation that they
believe supports the purchase of supplemental material.
Questions about making a purchase? Reach out to our ESA staff at
any time!
How to contact us
Email: ESACallCenter@azed.gov
Phone: (602) 364-1969
You may also visit https://www.azed.gov/esa/esa-support to view the most
frequently asked questions.
13 If an Account Holder enrolls an ESA student in a class that is offered through a business that is not a qualified
school pursuant to A.R.S. §15-2401, the class will be an allowable purchase as a course of study if the Account
Holder provides a curriculum for the class.
d through a business that is not a qualified
school pursuant to A.R.S. §15-2401, the class will be an allowable purchase as a course of study if the Account
Holder provides a curriculum for the class. Alternatively, the class can also be approved as a teaching service
pursuant to A.R.S. §15-2402(B)(4) if an Account Holder is able to provide evidence that the business or its teachers
are accredited.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
21
Example of parent-provided curriculum
Student name: XXXXXX XXXXXXX
Student application ID#: ######
Subject: Art
Learning objective: Understand and identify warm colors and cool colors
Method of teaching/lesson plans/activities:
Lesson 1: Discovering Warm and Cool Colors
Objective: Understand and identify warm and cool colors.
Activities:
1. Discussion:
o Introduce the concept of warm colors (e.g., red, orange, yellow) and cool colors (e.g., blue, green,
purple).
o Show examples of artwork using warm and cool colors.
2. Color Exploration:
o Using crayons, students draw pictures using warm colors on one side of the paper and draw the
same pictures using cool colors on the other.
o Compare and contrast mood resulting from differences between warm and cool colors in the
drawings.
3. Reflection:
o Students share their drawings and discuss how the colors make them feel.
Lesson 2: Nature's Colors
Objective: Explore warm and cool colors in nature and create a watercolor painting.
Activities:
1. Leaf Collection:
o Collect a variety of fall leaves.
2. Observation:
o Analyze the leaves and categorize them into warm and cool color groups.
3. Watercolor Painting:
o On the white paper, students create a background using watercolors, dividing the paper into warm
and cool color zones.
o Use the wide paint brush for broad strokes.
o Place paintings on newspapers to dry.
4. Leaf Rubbing:
o Once the watercolor background is dry, place leaves under the paper and use crayons to create leaf
rubbings, focusing on capturing the colors.
Materials:
• 9 x 18 inch white paper
• Crayons
• Variety of fall leaves
• Watercolors
• Wide paint brush
• Newspaper
Link to parent-prepared curriculum fillable form:
https://www.azed.gov/sites/default/files/2025/02/Parent%C2%AD_Provided_Curriculum
_Fillable_Form.pdf
-
available and reasonable alternatives
The Department may request additional information and/or documentation on a case-
by-case basis to determine whether an expense is allowable.
Pursuant to A.R.S. § 15-2403 and applicable laws and rules, all expenses are subject to
risk-based auditing, annual random reviews by the Department, and other legislatively-
authorized administrative actions designed to protect the integrity of the ESA program.
It should be noted that all orders processed under the Department’s threshold for auto-
fulfilled orders are not deemed “approved” by the Department, until they are audited OR
the timeframe to audit the orders has passed.
Supplemental material
• Bento box and compartmentalized trays
• Educational camps (travel, overnight accommodations and food are not an
allowable expense)
• Gym and physical education facility membership (individual memberships for
ESA student only, family memberships are not allowed)
• Home economic accessories such as measuring cup, spatula, whisk, etc.
• Home economic countertop appliances and related accessories, such as
cooking and baking equipment and sewing machines, etc.
• Instruments
• Photography equipment
• Physical education equipment
• Playground
• Seeds/small saplings only
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
22
The following list includes examples of common supplemental material that require
curricula. Documentation for a curriculum must clearly demonstrate that the item is
recommended or required.
Additionally, consistent with A.R.S. §15-2402, the Department will approve expenses
that are reasonably related to an educational or vocational purpose, based on
consideration of the following factors:
• The specific circumstances and educational needs of the qualified student
• Whether the Department has previously approved of the item or expense for the
qualified student or for another qualified student in similar circumstances
• The primary purpose of the expense or item, based on ordinary and customary
usage and the stated description of the expense or item
• The cost or quantity of the expense or item is not greater than what meets the
student’s education needs and circumstances in relation to other readily-
available and reasonable alternatives
The Department may request additional information and/or documentation on a case-
by-case basis to determine whether an expense is allowable.
Pursuant to A.R.S.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
23
• Single tickets for educational events or venues such as zoos, science or art
museums, plays, ballet, orchestra, musicals, etc.
• Smart Board
• Sports league or enrollment in sports camps (travel, overnight
accommodations and food are not an allowable expense)
• Watches (analog or digital)
• Tools for vocational education
This list is not exhaustive, any revisions to the allowable list will be available at
https://www.azed.gov/esa/esa-support.
NOTE: What parents are required to document for general education supplemental
material below is currently the subject of a lawsuit pending in Arizona Superior Court. As
of the date of this publication, the matter has not been resolved.
Effective July 1, 2025 – June 30, 2026:
A) If required by law or court order, all supplemental materials shall be submitted with
curriculum documentation.
B) If not required by law or court order, curriculum documentation is not required for
supplementary material generally known to be educational, including the following:
General education supplemental material
• Art supplies (paint, watercolors, paint brushes, canvas, drawing paper, clay,
glue, colored pencils, pens, markers, crayons)
• Audio/Visual players
• Basic sport items such as bats, balls, gloves, racquets, and protective
equipment
• Board games/strategy games/puzzles
• Bookcase (not to exceed 40 sq. ft.)
• Books (including audio, digital, players)/coloring books/magazines
• Compass/protractors/rulers
• Desk (which can accommodate up to two people) and chair for ESA student
• Desk organizer/small file drawer
• Dry erase boards and easels
• Educational DVDs and CDs
• Educational flash cards/prompt cue cards
• Educational kits
• Educational software & apps
• Educational periodical subscriptions
• Educational toys
• Educational workbooks/planners/calendars
• Instrument accessories and maintenance
hapes, addition, etc.
• Periodic table
• Personal-sized laminators and laminating supplies
• Print and binding services for an ESA student’s educational material
• School mat/rug (not to exceed 35 sq. ft.)
• School supplies (paper, index cards, poster boards, paper, folders, binders,
notebooks, staplers, scissors, tap, glue, eraser, white out, sharpener,
educational poster, small desk/reading lamps, pencil grips, bookmarks,
envelopes, rubber bands, dividers, hole punch)
• Small activity table (not to exceed size that fits more than 2 chairs on one side)
• Small home paper shredder
• Timers or clocks
• Trash cans (no larger than 5 gallons)
• Writing utensils (pens, markers, pencils, highlighters, crayons, chalk)
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
24
This list is not exhaustive, any revisions to the allowable list will be available at
www.azed.gov/esa/esa-support.
Tuition or fees for a non-public online learning program
ESA approves tuition, fees, and required textbooks for non-public online schools or
online learning programs. However, Empowerment Scholarships:
• Cannot be used to pay for online subscriptions or memberships that provide
access to more than a single user, such as family subscription or memberships,
unless you provide an itemized receipt that reflects each individual student’s
subscription or membership.14
• Can only be used for online learning programs or subscriptions for the contract
year.
Helpful Hint: When paying for an online learning program, Account Holders can make
themselves or their ESA students the online program subscriber and set the billing to
the parent’s name OR the parent and student’s names.
EXAMPLE:
Subscriber name: Billy Doe (student) / Billing name: John Doe (parent)
OR
Billing name: John Doe – for Billy Doe access to online learning program(s)
14 When purchasing multiple tickets or memberships on the same receipt, please ensure the receipt is itemized or
shows the count of items purchased. Otherwise, ESA program staff cannot determine the allowable portion of the
order to review and it must be rejected.
• Manipulatives such as math cubes, Legos, dominoes, blocks, shapes, etc. that
help with counting, time, measurement, shapes, addition, etc.
• Periodic table
• Personal-sized laminators and laminating supplies
• Print and binding services for an ESA student’s educational material
• School mat/rug (not to exceed 35 sq.
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
25
Services provided by a public school
Empowerment Scholarships may be used to pay for individual classes and
extracurricular programs provided by public district schools, public charter schools,
public career technical education districts (CTEDs). Examples of these classes and
extra-curricular programs are drama club, band, cheerleading, sports, art classes,
vocational education classes, music classes, speech and debate, etc. Account Holders
cannot use Empowerment Scholarships to purchase uniforms for these classes or
programs unless specifically required by the class or program. If they are required, they
will be categorized as supplemental material.
Please keep in mind that public schools have discretion on whether to accept ESA
students for such classes or extra-curricular programs.
To avoid ESA suspension, if your ESA student enrolls in a public school class or
program, please ensure that:
• The student is not enrolled in the public school as “Payer Code 1” (public schools
understand this terminology).
• The public school must enter your student in its student information system as a
tuition-paying student under “Tuition Payer Code 2”. Enrolling in a public school
as Payer Code 1 while in the ESA program violates state law and your ESA
contract. Improper enrollment may result in your student’s termination from the
ESA program and require a repayment of Empowerment Scholarship funds.
• The public school provides you an itemized and complete tuition invoice or
receipt for all classes and programs sold to your ESA student.
For any questions about paying for classes or programs at a public school, please
contact the appropriate school or district office.
Fees for achievement tests, placement tests, and college
entry exams
Pursuant to A.R.S.
out paying for classes or programs at a public school, please
contact the appropriate school or district office.
Fees for achievement tests, placement tests, and college
entry exams
Pursuant to A.R.S. §15-2402(4)(g), Account Holders can utilize Empowerment
Scholarships to pay for their students to participate in nationally standardized norm-
referenced achievement tests. These tests can help determine students’ ability to show
mastery of appropriate grade level material. Funds can also be used for advanced
placement exams, or any exams related to college or university admission. Prep
courses for these exams are also allowed.
Tuition or fees and required textbooks at an eligible
postsecondary school
In accordance with A.R.S. §15-2401(4), Empowerment Scholarships can also be used
for an eligible post-secondary institution such as:
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
26
• An Arizona community college, as defined in A.R.S. §15-1401
• A state university that is under the jurisdiction of the AZ Board of Regents
• An accredited private in-state or online postsecondary institution
Restricting the use of Empowerment Scholarships to in-state educational institutions
has been upheld by the State Board of Education and an Administrative Law Judge.
Empowerment Scholarships may be used for textbooks, tuition, and fees required by
the university or college classes. They cannot be used for room and board, meals, meal
plans, food, or transportation.
Dual enrollment
Empowerment Scholarships may be used to pay for university or college enrollment
when a high school student is taking college courses while still enrolled in a secondary
school. This is referred to as dual enrollment.
Dual Enrollment programs allow students to take college classes while enrolled in high
school. These classes count for both high school and college credit. High school
students who complete dual enrollment may need to take fewer classes in college due
to earning transferable college credits.
Public transportation services
In accordance with A.R.S. §15-2402(4), Empowerment Scholarships can be used for
public transportation within the state of Arizona for ESA students between their
residences and their qualified school where they are enrolled.
Public transportation services include:
• Commuter pass
• Transportation network company, such as taxis and ride sharing
• Public bus
• Taxi
• Vanpool service
Computer hardware and technological devices
In accordance with A.R.S. §15-2402(4), ESA funds can be used for computer hardware
and technological devices such as:
• Calculators
• Personal computers
• Laptops
• Tablet devices
Chapter 3 | Purchase and Program Requirements – ALL Students
Empowerment Scholarship Account | 2025-2026 Parent Handbook
27
• Microscopes
• Telescopes
• Printers
You cannot use Empowerment Scholarships for devices that are primarily for
entertainment. Additionally, other devices whose primary use is noneducational are also
not allowable, such as:
• Televisions
• Telephones
• Video game consoles and accessories
• Home theater and audio equipment
However, audio equipment primarily used for education, such as headphones or
earbuds, are an allowable expense and must be categorized as supplemental material.
| Purchase and Program Requirements – Students with a Disability
page 35
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
28
Approved purchase categories for students with a disability
Pursuant to A.R.S. §15-2403, a student with a disability is a qualified student who:
• Qualifies as a child with a disability through a special educational evaluation from
an Arizona public school district or charter school resulting in a determination of
eligibility under the Individuals with Disabilities Education Act (IDEA) (A.A.C. R7-
2-401(E)) or
• Has received an Individualized Education Program (IEP), Multidisciplinary
Evaluation Team Report (MET), or 504 Plan from a previous public school
enrollment, or
• Qualifies through an independent educational evaluation obtained for
ESA purposes from a qualified examiner and can spend their
Empowerment Scholarships for items and services that are not
allowable for ESA students who do not have a disability. Table below
has additional purchasing categories.15
Approved purchasing
categories for students with a
disability A.R.S. §15-
2402(B)(4)16
Description
Associated goods/services and
assistive technology
Associated goods and services, as well as assistive
technology, must support the student’s educational needs.
Educational therapy services Educational therapy services must be provided by a licensed or
accredited practitioner.
Paraprofessional and educational aide Paraprofessionals and educational aides must be licensed.
Educational and psychological
evaluations
These evaluations must be obtained from a public school or a
qualified examiner.
nd educational aide Paraprofessionals and educational aides must be licensed.
Educational and psychological
evaluations
These evaluations must be obtained from a public school or a
qualified examiner. 15
Vocational and life skills These programs include, among others, those offered at
Career Technical Education Districts (CTEDs) and trade
schools.
When making and submitting purchases through the ClassWallet platform, Account
Holders will be required to select from the allowable categories above or from Approved
Purchasing Categories for ALL Students to categorize their purchases.
15 “Qualified examiner” means a licensed physician (MD or DO), psychiatrist, or psychologist, pursuant to A.R.S. §15-
2403(J)(2)
16 Student must be identified as a student with a disability pursuant to A.R.S. §15-2401(7)(a)(i)(ii)(iii) or A.R.S. §15-
2403(J) to spend ESA funds in these categories.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
29
Account Holders with a student who qualified for the ESA program under a section other
than “child with a disability,” but who believe their student may have a disability should
seek a special educational evaluation from their local school district to determine
eligibility for special education under the IDEA or seek an independent education
evaluation obtained for ESA purposes, pursuant to A.R.S. §15-2403. When updating
your student’s ESA to a disability eligibility, you must provide:
• A complete copy of the special educational evaluation (IEP, MET, 504 plan)
from a public school
Special Education evaluations must include the signature page of the evaluation
with at least one member’s signature who is not the parent of the student.
OR
• An independent educational evaluation (IEE) from a qualified examiner
IEEs must include a copy of the qualified examiner’s license showing that the
license was current at the time of the evaluation. This can be obtained from the
State Board of Examiners website showing the qualified examiner’s license
number and expiration date.
Associated goods and assistive technology
In accordance with A.R.S. §15-2402(B)(4)(c)(iv), qualified students with a disability who
have all supporting documentation on file may be able to use their Empowerment
Scholarships to purchase goods and services associated with their disabilities
(“associated goods”). These associated goods include sensory items, when applicable,
along with educational and psychological evaluations, assistive technology rentals, and
braille-translated goods and services approved by the Department.
A.A.C.
include sensory items, when applicable,
along with educational and psychological evaluations, assistive technology rentals, and
braille-translated goods and services approved by the Department.
A.A.C. R7-2-1505(B) states that associated goods may include computer hardware or
technological devices that assist in accessing educational materials or services that are
associated with the qualified student’s needs.
Account Holders who are seeking to use Empowerment Scholarships for associated
goods and assistive technology or services must provide the Department with 1 of the
following:
• Documentation of the ESA student being enrolled in a course of study that
supports the child’s disability or other educational need with which the good or
service is associated, or
• The most current IEP, MET Report, or 504 plan from a public school, or
independent educational evaluation obtained for ESA purposes, which indicates
the need for the good or service, or
screenshots from the accrediting organization will be accepted. The copy must be:
• Legible
• Not expired
• Issued by an accredited board
Examples of approved therapies
This is not an exhaustive list. For questions about therapies that are not listed, please
contact the ESA office.
Therapy Accreditation
Applied Behavior Analysis (ABA) and
Verbal Behavior Analysis
Cognitive Behavioral Therapy and Play
Therapy
BCBA (Board Certified Behavioral Analyst)
BCBA-D (Board Certified Behavioral Analyst – Doctorate)
BCaBA (Board Certified Assistant Behavioral Analyst)
Licensed psychologist
Licensed counselor
17 The letter must include the qualified examiner’s or qualified service provider’s license number and signature. In the
case of a certified special education teacher, the letter must include the special education teacher’s Educator ID
number included on the current teaching certificate.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
30
• A letter from a qualified examiner, qualified service provider, or certified
special education teacher indicating the need for the good or service. 17
If the purchase of an “associated good or service” has been rejected because the
Account Holder provided insufficient documentation under A.A.C. R7-2-1505(B)(4), an
Account Holder may resubmit the purchase with sufficient documentation to have it
approved.
When submitting any documentation, please highlight, mark the area(s), or use any
other method that indicates that the requested items are associated with or needed for
the educational need(s) of the student.
You may request a pre-approval for sensory items, associated goods, or assistive
technology by creating an ESA Support Ticket; however, it is not required.
Educational therapies and services
In accordance with A.R.S. §15-2402(B)(4)(c)(i), both in-person and virtual educational
therapies from a licensed or accredited practitioner or provider are approved ESA
program expenses.
However, to receive purchase approval for educational therapies, Account Holders must
provide a copy of the valid license or accreditation of the individual providing the therapy
or therapeutic service.
No screenshots from the accrediting organization will be accepted. The copy must be:
• Legible
• Not expired
• Issued by an accredited board
Examples of approved therapies
This is not an exhaustive list.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
31
Aquatic Therapy Aquatic Physical Therapy license
Occupational Therapy license Physical Therapy license
Art Therapy American Art Therapy Association (AATA)
Occupational Therapy license Physical Therapy license
Equine Therapy; Hippotherapy;
Therapeutic Riding
Equine Assisted Growth and Learning Association (Eagala)
National Association of Certified Professionals of Equine
(NACPET)
North American Riding for the Handicapped Association
(NARHA) Occupational Therapy license or OT Assistant license
Physical Therapy license or PT Assistant license
Professional Association of Therapeutic Horsemanship
International (PATH)
Recreational Therapy Certificate
Hand Therapy Occupational Therapy license or related therapy credential
Physical Therapy license
PT assistant
OT assistant
Music Therapy American Music Therapy Association (AMTA)
Certification Board for Music Therapists (CBMT)
Occupational Therapy (OT) Occupational Therapy license (OT Assistants are approved)
Orientation and Mobility Specialist
(COMS)
ACVREP Certified Orientation and Mobility Specialist
Physical Therapy (PT) Physical Therapy license (PT assistants are approved)
Recreational Therapy American Therapeutic Recreation Association (ATRA) National
Council for Therapeutic Recreation Certification (NCTRC)
Recreational Therapy license
Relationship Development Intervention
(RDI) Therapy
BCBA (Board Certified Behavioral Analyst or Doctorate)
BCaBA (Board Certified Assistant Behavioral Analyst)
Licensed psychologist
Licensed counselor
RDI certificate
Registered Behavior Technician (RBT)
Social Group Therapy Certification in Cognitive-Behavioral Therapy (CBT)
Licensed counselor
Psychologist license
School counselor or special education teacher (certified)
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
32
Social Work Counselor Certificate
Speech Therapy or Occupational Therapy license
Speech Therapy Speech Language Pathologist Therapy (SLP) license (SLP
Assistants are approved)
Vision Therapy Optometrist (pediatric, behavioral, or developmental)
Note: Fees for late, cancelled, or missed appointments are not an allowable ESA
expense.
Pursuant to A.R.S. §15-2402(B)(4)(c), a student who is not identified as a student with a
disability is not authorized to use his or her Empowerment Scholarship for therapies. A
student must have a MET Report, IEP, or 504 plan issued by an Arizona public school or
an independent educational evaluation obtained for ESA purposes from a qualified
examiner pursuant to A.R.S. §15-2403(J) on file with the ESA program prior to paying
for these services with Empowerment Scholarship funds.
Account Holders may request, through an ESA Support Ticket, Department approval to
use a provider whose credential is not listed in the previous table.
Medical insurance
Pursuant to A.R.S. §15-2402(B)(4)(c)(i), Empowerment Scholarships can be utilized
along with private medical insurance to pay for educational therapies for qualified
students with a disability. Documentation must include a statement or invoice indicating
the amount not covered by insurance.
Paraprofessionals or educational aides
Pursuant to A.R.S. §15-2402(B)(4)(c)(ii), licensed or accredited paraprofessionals and
educational aides are an approved expense for students with disabilities.
Paraprofessionals are not the same as tutors or teachers; these individuals assist the
tutor, teacher, or parent with the education of the student.
an approved expense for students with disabilities.
Paraprofessionals are not the same as tutors or teachers; these individuals assist the
tutor, teacher, or parent with the education of the student. Credential requirements are
below:
Approved paraprofessional or educational aide credentials
Credential Documentation
Associate degree or higher Copy of degree or complete and full transcripts
must be submitted
60 or more college credit hours from an accredited
school
Copy of complete and full transcripts must be
submitted
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
33
Pass 1 of the 3 paraprofessional tests Official scores on:
ACT WorkKeys
ParaEducator
Praxis ParaPro
Educational and psychological evaluations
A psycho-educational evaluation or assessment is the process through which
psychologists or similarly licensed professionals observe and evaluate students.
In accordance with A.R.S. §15-2402(B)(4)(c)(iv), ESA students with a disability, who
were identified at a public school through a special educational evaluation obtained for
the purposes of determining eligibility under the IDEA, may use their Empowerment
Scholarships to obtain a private psycho-educational evaluation.
The Department also accepts independent educational evaluations, obtained for ESA
purposes, for updating a child’s disability classification. See Change in Disability
Classification to learn how to update a student’s disability classification.
Vocational and life skills education for ESA students with a
disability
Pursuant to A.R.S. §15-2402(B)(4)(c)(iii), a qualified student with a disability can utilize
his or her Empowerment Scholarship for vocational and life skills education, approved
by the Department. Empowerment Scholarships can be spent on tuition for vocational
and life skills at colleges, vocational schools, and districts, including Career and
Technical Education Districts (CTEDs), and trade schools.
Vocational education programs prepare students to work in numerous trade jobs or
crafts. Vocational education can also be referred to as “career education” or “technical
education” provided by a vocational or trade school.
A life skills education program is the building block that allows students to apply
knowledge they acquire to real problems and situations.
chnical
education” provided by a vocational or trade school.
A life skills education program is the building block that allows students to apply
knowledge they acquire to real problems and situations. It is a form of education that
encourages students with disabilities to effectively transition into adulthood by helping
them to develop sound judgment and good habits for long-term stability, wellness, and
success.
Combined, both vocational and life skills education programs are designed to help a
student develop skills or interest in technical, trade, or craft-like careers while learning
necessary skills such as self-reflection, critical thinking, problem solving, and
interpersonal skills. This allows a student with a disability to live and work
independently.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
34
Additional information for parent of a student with a
disability
It is important to understand, a child with a disability who participates in the ESA
program does not have an individual right to receive some or all the special education
and related services that the child would receive if enrolled in a public school (34 C.F.R.
§300.137(a)). Nevertheless, children with disabilities who participate in the ESA
program may still receive certain special education services from their district of
residence, as described below.
Child Find
In Arizona, public districts are responsible for identifying all children with disabilities
within their geographic boundaries, including children with disabilities who are attending
private schools and those who are homeschooled (A.A.C. R7-2-401(D)(1)).18 This is
known as “Child Find” pursuant to 20 U.S.C. §1412(a)(3); 34 C.F.R. §300.111(a).
When Account Holders enter into an ESA contract with ADE, they agree to release their
public school districts or public charter schools from most obligations to educate and
provide services for their ESA students. However, under IDEA, a public district retains
its responsibility to either:
• Evaluate a student for special education, or
• Provide the student’s parents with a prior written notice indicating that it refuses
to conduct the parents’ requested evaluation (A.A.C. R7-2- 401(E)(4))
If parents or guardians of an ESA student believe their child needs to be evaluated, they
may refer to the table below to determine which public school district is responsible for
conducting the evaluation to determine if the child is eligible for special education under
the IDEA.
Additionally, ESA students who qualified for the ESA program as a student with a
disability under A.R.S.
ting the evaluation to determine if the child is eligible for special education under
the IDEA.
Additionally, ESA students who qualified for the ESA program as a student with a
disability under A.R.S. §15-2401(7)(a)(i)-(iii), may also use Empowerment Scholarships
to pay for a private independent evaluation if they believe an updated evaluation is
necessary. See A.R.S. §15-2402(B)(4)(c)(iv).
Please note: Pursuant to A.R.S. §15-2401(7)(a)(ii), ESA students without a disability,
such as Universal ESA students, cannot use their Empowerment Scholarships to pay
for an independent educational evaluation to determine whether they qualify for ESA
eligibility as a child with a disability.
18 A charter school is responsible for child identification activities for students enrolled in its charter school. A.A.C. 47-
2-401(D)(4)(a). Charter schools are not, however, responsible for outreach under the Child Find regulations because
they have no specific geographic boundaries.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
35
Child’s current placement Responsible public school
Homeschooled student(s) The public school district in which the parent
resides.
A.A.C. R7-2-401(D)(4)(b), A.R.S. §15-763(C).
Non-profit private school The public school district in which the non-
profit private school is located. A.A.C. R7-2-
401(D)(4)(b).
For-profit private school The public school district in which the parent
resides. Letter to Chapman, 49 IDELR 163
(OSEP 2007).
Equitable services
Children with disabilities who attend non-profit private schools, whether or not they
participate in the ESA program, are considered parentally-placed private school children
with disabilities. These children and home-schooled children with disabilities do not
have an individual right to receive some or all the special education and related services
that they would receive if enrolled in their public schools.19 However, they might still be
eligible to receive some special education services provided by their school districts
under the IDEA’s equitable services provisions.
Note that ESA students with disabilities who attend for-profit private schools are not
eligible for equitable services pursuant to federal regulations.20
For information on IDEA equitable services, please visit the Arizona Department of
Education’s Exceptional Student Services website. Parents may choose to decline
offers of equitable services offered from a local school district but should be aware that
these services may be available. Accepting or rejecting these services has no bearing
on your ESA contract or eligibility.
Change in disability classification
Account Holders’ ESA contracts are renewed on an annual basis.
available. Accepting or rejecting these services has no bearing
on your ESA contract or eligibility.
Change in disability classification
Account Holders’ ESA contracts are renewed on an annual basis. Therefore, if a student
without a previously identified disability obtains an independent evaluation stating that
the student is a child with a disability, Account Holders’ can update their student’s ESA
program eligibility category to a disability eligibility. ADE will not require a special
education evaluation (MET, IEP, 504 plan) under the IDEA to update the students
disability eligibility.
19 34 C.F.R. §300.137(a)
20 Federal law does not allow public school districts and charter schools to consider parentally-placed private school
children with disabilities who attend private schools through a state-funded voucher or scholarship program (such as
Arizona’s ESA program) differently from other parentally-placed private school children with disabilities for the
purpose of providing equitable services. 34 C.F.R. §300.132(a).
.
• If your county superintendent’s office does not have a list of approved
independent third-party evaluators, then you can hire a qualified examiner to
conduct an independent educational evaluation. Qualified examiners are licensed
physicians, licensed psychiatrists, and licensed psychologists.
Once an ESA student has obtained an updated evaluation:
• Submit an ESA Support Ticket, located within your ESA portal, along with the
updated evaluation, and request that your account or application be updated.
• ESA staff will process the request and issue a new contract. Please be aware,
not all reevaluations will increase your ESA student’s scholarship award amount.
In some cases, based on the new eligibility category, the amount may be
reduced.
• The new contract needs to be signed immediately to prevent funding delays.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
36
For students already identified as having a disability, Account Holders can have their
students’ special education eligibility re-evaluated due to new information that would
result in identifying a suspected disability not previously identified. Account Holders
must make a written request to the appropriate public school district, or they can seek
an independent educational evaluation for ESA purposes.
Keep in mind:
a. If a student attends a non-profit private school, the public school district, in which
the private school is located, is responsible for the evaluation process.
b. If a student attends a for-profit private school or is home schooled, the public
school district in which the parent resides is responsible for the evaluation.
c. For any questions about which public school district may be responsible for the
evaluation of a student, please contact ADE’s Exceptional Student Services
(ESS) at 602-542-4013.
Other ways you can obtain an evaluation to determine or change your student’s
ESA program eligibility category are:
• Contact the Arizona Department of Education’s ESA Program for its contracted
third- party evaluator.
• If ADE’s ESA Program has no contracted third-party evaluators, then you can
contact your county’s school superintendent’s office for its list of approved
independent third-party evaluators.
• If your county superintendent’s office does not have a list of approved
independent third-party evaluators, then you can hire a qualified examiner to
conduct an independent educational evaluation.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
37
• Account Holder obtains an evaluation for the student from a public
school or an independent educational evaluation from a qualified
examiner
• Account Holder submits the evaluation to the ESA program for
review
• If the ESA program approves your request, an updated contract
will be placed in your ESA Parent Portal for your signature.
As a reminder, only a child who is identified with a disability by a public school through
an evaluation or who qualifies through an independent educational evaluation obtained
for ESA purposes pursuant to A.R.S. §15-2403 are entitled to spend ESA funds on
educational therapies, paraprofessional services, tuition for vocational and life skills
education, educational and psychological evaluations, assistive technology rentals,
braille translation, or associated goods. See the “Associated Goods & Assistive
Technology” section for more information.
Changing your student’s eligibility to a disability eligibility –
Flowchart
Visit https://www.azed.gov/esa/esa-support for instructions on how to change or update
a student's disability classification, under 'Evaluations'.
Preschool Severe Delay funding
“Severe delay” is a disability only assigned to pre-kindergarten students. Students in
grades K-12 cannot be evaluated with this disability. As a result, students with a
disability in the ESA program under the Preschool Severe Delay classification need to
be re-evaluated for any other disabilities they may have that qualify them for additional
funding in grades K-12. Without a re-evaluation indicating a disability applicable to
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
38
students in grades K-12, a student’s account will not indicate the student has any
disability.
A re-evaluation is not required for a preschool student with severe delay to continue in
the ESA program; however, from kindergarten on, an evaluation indicating a disability
applicable to students in grades K-12 is needed, if the student is to continue to be
eligible as a student with a disability. Account Holders can also contact the ESA Support
Line at 602-364-1969 or submit an ESA Support Ticket to learn if a specific account will
be affected.
Developmental Delay funding
Pursuant to A.R.S. §15-2401(7)(a)(ii) and A.R.S. §15-761(3), the Developmental Delay
disability classification is only applicable to students from the ages of 3 through 9 years
old. If a parent believes that his or her student qualifies for another disability
classification at age 10 or beyond, the parent must have the student re-evaluated to
determine whether the student has another disability that allows him or her to participate
in the ESA program as a student with a disability.
A parent is not required to have his or her student re-evaluated for another disability to
remain in the ESA program. However, without an evaluation that the student has
another disability which allows the student to remain in the program as a student with a
disability, he or she will not receive an Empowerment Scholarship award that reflects a
disability classification. Account Holders can also contact the ESA Support Line at 602-
364-1969 or submit a Support Ticket to learn if a specific account will be affected.
Students with a disability (After 12th-grade cohort year)
Pursuant to A.R.S.
o contact the ESA Support Line at 602-
364-1969 or submit a Support Ticket to learn if a specific account will be affected.
Students with a disability (After 12th-grade cohort year)
Pursuant to A.R.S. §15-2402(4)(n), students with a disability who are not ready to
graduate high school or have not earned their GED (General Education Development)
diploma are eligible to receive Empowerment Scholarships until the age of 22.
When a student is identified as being a student with a disability in the ESA program and
is in the spring of his or her 12th-grade cohort year, ESA will notify the Account Holder
that action is required if the Account Holder plans to keep his or her student in the ESA
program beyond the ESA student’s 12th-grade cohort year.
Expenses for students with a disability
• Purchases only approvable for students with disabilities will be reviewed when
Account Holders submit proper documentation supporting the purchases. Such
support will include documentation such as evaluations, programs, and
recommendations from qualified examiners, licensed therapists, or qualified service
providers.
Chapter 3 | Purchase and Program Requirements – Students with a Disability
Empowerment Scholarship Account | 2025-2026 Parent Handbook
39
• When submitting purchases only approvable for students with a disability,
Account Holders may provide additional explanation as to how their purchase will
assist the student’s educational needs. Account Holders can add information in
the “Comments” section of the ClassWallet platform where purchases are
submitted.
| Purchase and Program Requirements – Unallowable Purchases
page 47
Chapter 3 | Purchase and Program Requirements – Unallowable Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
40
ESA unallowable purchases
• Entertainment
• Home theater and audio equipment
• Primarily noneducational devices
• Telephones
• Televisions
• Video game consoles and accessories
The Department of Education has made the decision not to allow the
following items:
In accordance with A.R.S. §15-2402, the following categories are prohibited.
• Amazon Prime fees (or similar fees)
• Amusement park, theme park, and waterpark tickets
• Assembly or installation fees
• Backpacks, lunch boxes, and water bottles
• BBQ grills, smokers, and fixed fire pits
• Bedding
• Bounce houses or water slides
• Cancellation fees
• Children’s car seats
• Clothing (separate from uniform requirements)
• Commercial/industrial/professional-grade items and appliances including
freeze-dryers, espresso machines, dehydrators, etc.
• Consultation fees
• Day care fees
• Dining
• Dog training
• Food (including animal feed/food)
• Footwear
• Fuel, oil, and chemicals (except chemicals required by educational curricula,
such as science curricula)
• Fundraising fees
• Gift cards of any kind
• Greenhouse with footprint larger than 100 sq. ft.
• Home furnishings and fixtures (i.e. wall art, floor lamps, garage storage,
lockers, cabinets, nightstands, vanity desk, door mats, etc.)
• Home improvement items (wood, piping, irrigation, water filtration, concrete,
water pumps, etc.)
• Hotel and lodging
• Household cleaning supplies
Chapter 3 | Purchase and Program Requirements – Unallowable Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
41
• Inappropriate explicit material
• Jewelry and precious metals
• Land/real property
• Large appliances (such as stoves, refrigerators, freezers, microwaves, ice
machines, and similar appliances)
• Large chicken coops and runs (anything above 12 chickens would not be
allowed)
• Late payment fees
• Lawn and landscaping equipment
• Live animals (except for life-cycle vouchers for educational purposes)
• Medical services, devices, and supplies (except those supplies required by
educational curricula)
• Medications, vitamins, and supplements
• Motorized go-karts, motorized scooters, multi-person kayaks
• Motorized vehicles
• Non-educational fees charged by schools and service providers for parking
passes, yearbooks, picture day packages, caps and gowns, spirit day
participation, school fundraising requirements, parent teacher association
participation, and other similar fees
• Outdoor shade structures
• Parent training courses (unless required for a student with special needs –
must be a documented need by the training/course)
• Pizza ovens
• Primarily noneducational items, devices, materials, and supplies
• Ready-to-eat subscription boxes
• Returned payment fees
• Smartwatches with cellular service
• Solar panels or systems
• Swimming pools, saunas, and ponds
• Trailers (of any kind)
• Trampolines greater than 10 ft in diameter
• Travel costs for teacher or tutors
• Weapons and ammunition, including BB guns, airsoft guns, and paintball guns.
(Archery bows with a draw weight less than 35 lbs. are allowable as part of
archery instruction)
Non-approved therapies and services
• Acupressure • Health exams
• Acupuncture • Hyperbaric Oxygen Therapy
• Blood work (labs) • Massage therapy
• Chiropractors • Medical equipment, devices, or services
• Craniosacral therapy • Nutritionists
Chapter 3 | Purchase and Program Requirements – Unallowable Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
42
• Dental exams or services • Physical exams
• Eye exams • Reiki
Any revisions to the lists above will be available at https://www.azed.gov/esa/esa-
support.
| Purchase and Program Requirements – Documenting ESA Purchases
page 50
Chapter 3 | Purchase and Program Requirements – Documenting ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
43
• Name, address, and contact information of qualified school,
program, or service provider
• Invoice date
• Invoice number
• Student name
• Student grade level (applies to preschool and kindergarten students at
qualified schools ONLY)
• Itemized description of services provided and associated charges,
including dates of service
• Total amount of charges
• If you are paying a therapist or qualified examiner for services, his or
her license number must be included on invoice.
• If you are seeking reimbursement, proof of payment is required.
Documenting ESA purchases
Account Holders are required to upload purchase documentation into the ClassWallet
platform. When uploading purchase documentation, please follow the guidance below.
Invoice requirements
If submitting an invoice to the ESA program to pay a qualified school, program, vendor,
facility, or therapist (paying a therapist is only allowed for qualified students with
disabilities), please ensure it includes key information.
For reimbursements, if an Account Holder is submitting an itemized invoice in order to
document items purchased or services rendered, it must be accompanied by a payment
receipt. An invoice alone is not sufficient for a reimbursement request; proof of payment
must be submitted, or the request will be denied.
Receipt requirements
Receipts must be generated by a vendor from its point-of-sale system or its numerically-
controlled receipt book or system.
Chapter 3 | Purchase and Program Requirements – Documenting ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
44
Receipts must include
• Vendor name, address, and contact information (phone or email)
• Receipt date
• Receipt number (or transaction number, order number, reference
number, authorization number, etc.)
• Itemized and total amount charged
• Itemized list and description of items or services purchased
Debit card and reimbursement receipt submission deadlines
Debit Card documentation, including purchase receipts, invoices marked paid, service
provider’s accreditation or credential, curriculum, etc., must be uploaded into the
ClassWallet platform by the end of the month after the end of each quarter. Please refer
to Deadline for Debit Card Transactions.
Only allowable educational purchases made after the Account Holder has signed his or
her contract may be reimbursed.
Account Holders have the entire contract year to submit their purchase receipts for
reimbursement. Final reimbursements for the contract year must be uploaded into the
ClassWallet platform by the end of the month after the end of the contract year.
| ClassWallet Accounts
page 53
Chapter 4 | ClassWallet Accounts
Empowerment Scholarship Account | 2025-2026 Parent Handbook
46
About ClassWallet
ClassWallet is a third-party vendor that provides Account Holders with a platform to
spend their Empowerment Scholarships through a digital wallet.
ClassWallet’s platform is designed to streamline and automate Account Holders’
spending and tracking of their qualified students’ Empowerment Scholarships, including
managing Account Holders’ payments to private schools, education service providers,
and vendors.
Establishing a ClassWallet account
After Account Holders sign their ESA contracts, it takes approximately 3-5 weeks for all
parties (ADE, ClassWallet, AZ Treasurer) to create and fund their ClassWallet accounts.
Once their ClassWallet accounts are created, ADE will request the Arizona Treasurer’s
Office to fund their accounts for the current quarter. ADE will continue to request the
Treasurer’s Office to fund their accounts on a quarterly basis for the remainder of the
time that their qualified students are on the ESA program.
When the Treasurer’s Office approves ADE’s requests to fund accounts, the Treasurer’s
Office will then disburse Empowerment Scholarship funds to ClassWallet to deposit into
accounts. ClassWallet will then send emails to Account Holders letting them know their
accounts have been funded and their Empowerment Scholarships are available to
spend. 21
You sign an
ESA contract
ClassWallet
creates your
student's
account
ADE
requests the
AZ Treasurer
to fund your
student's
ClassWallet
account
AZ Treasurer
approves
request and
transmits
funds to
ClassWallet
ClassWallet
deposits
funds into
account and
notifies
account
holder via
email
ESA funds
available to
spend on
approved
educational
expenses
21 Creating and funding accounts may take longer during holidays. Additionally, unforeseen disruptive events such as
a pandemic or natural disaster could also cause delays in creating and funding accounts.
Chapter 4 | ClassWallet Accounts
Empowerment Scholarship Account | 2025-2026 Parent Handbook
47
Accessing a ClassWallet account
Account Holders can access their students’ ClassWallet accounts through the ESA
Portal. Once logged in to the ESA Portal, Account Holders should click the blue button
labeled “Go to ClassWallet Account”. The button will take Account Holders directly to
ClassWallet’s platform.
If Account Holders have multiple students in the ESA program and on the ClassWallet
platform, they can log in once and toggle between their students’ ClassWallet accounts
using the drop-down menu at the top right of the homepage, where it reads “Welcome”.
Information on navigating the platform and helpful tutorials is available from ClassWallet
at https://classwallet.my.site.com/classwallet/s/.
Contacting ClassWallet
You can contact ClassWallet by telephone at 1-877-969-5536, Monday through Friday
from 8am to 8pm EST, Saturday from 10am to 4pm EST, or by email anytime at
help@classwallet.com.
Four ways to spend your Empowerment Scholarships in
ClassWallet
ClassWallet offers four ways for Account Holders to make purchases or payments on its
platform: Marketplace, Pay Vendor, Debit Card, and Reimbursement.
Please visit ClassWallet at https://classwallet.my.site.com/classwallet/s/article/Ways-to-
use-ESA-Funds and https://classwallet.my.site.com/classwallet/s/ for more information
on each option.
ClassWallet vendors are listed in the Marketplace and Pay Vendor at
https://app.classwallet.com/r/#/shop and https://app.classwallet.com/#/direct_pay/pay.
Marketplace: Account Holders can place orders with various online vendors within
the ClassWallet Marketplace.
at
https://app.classwallet.com/r/#/shop and https://app.classwallet.com/#/direct_pay/pay.
Marketplace: Account Holders can place orders with various online vendors within
the ClassWallet Marketplace. Upon approval, all orders are shipped directly to the
address on record.
Pay vendor: If private schools and educational service providers, such as tutors, are
registered with ClassWallet, Account Holders can pay them directly through the Pay
Vendor section on the ClassWallet homepage.
Account Holders must upload complete invoices (see Invoice Requirements) for Pay
Vendor orders. Once orders are submitted by Account Holders and approved by ESA
staff, ClassWallet will release payment for the approved orders to the private schools
and educational service providers. Private schools and educational service providers
typically receive payment within 2-10 business days. They also receive a list of the
Chapter 4 | ClassWallet Accounts
Empowerment Scholarship Account | 2025-2026 Parent Handbook
48
students for whom they received payment, along with the date and amount of payment
for each student.
Please note that Account Holders are not required to provide any accreditation or
credential documentation for tutors and other educational service providers in Pay
Vendor, as the tutors and providers are already registered in ClassWallet, and their
supporting documentation has already been submitted by them and reviewed by the
ESA program.
Debit card: The ClassWallet-issued debit card draws funds from the Account Holder’s
account balance in ClassWallet.
ESA cards can be used in the following ways:
• Point of Sale (swiping the card or manually inputting card number)
• PayPal
• Square / VENMO
Merchant Category Code (MCC) Restrictions—As part of the contract between
ClassWallet and the Arizona State Treasurer, the debit card has certain MCC
restrictions to minimize the risk of debit cards being used to make unallowable
purchases. MCC restrictions include code 8211 (Schools, Elementary and
Secondary), as payments to private schools should be made through Pay Vendor
in the ClassWallet portal. If the debit card does not work at a specific business or
vendor because of a restricted MCC, an allowable item will need to be purchased
another way, such as out of pocket, which the Account Holder can then submit
for reimbursement.
All MCC exceptions that are granted by the Department will be extended to all
Account Holders. The Department will notify all Account Holders of the inclusion
of these new MCCs by email.
eimbursement.
All MCC exceptions that are granted by the Department will be extended to all
Account Holders. The Department will notify all Account Holders of the inclusion
of these new MCCs by email. A complete list of approved MCCs is available on
the ADE website and will be updated if a new code is added.
For MCC questions or concerns, or to request that a restricted code be
allowable, please visit https://www.azed.gov/esa/esa-support.
Submitting invoices and receipts—For all debit card transactions, Account
Holders must submit a complete paid invoice or receipt in the ClassWallet
platform. Additionally, when paying a tutor or other applicable educational service
provider with a debit card, Account Holders must also submit a copy of the tutor’s
or educational service provider’s accreditation or credential for each applicable
transaction. Paid invoices, receipts, and any accreditation or credential
documentation must be submitted by the deadline set forth in A.A.C. R7-2-
1508(D) (see Deadline for Debit Card Transactions table below). Failure by
Account Holders to submit required documents by established deadlines will
result in Account Holders being required to repay an amount equal to purchases
for which documentation was not submitted.
Chapter 4 | ClassWallet Accounts
Empowerment Scholarship Account | 2025-2026 Parent Handbook
49
Deadline for debit card transactions
Quarter Purchasing dates Deadline for receipts and
documentation
1 July 1-September 30 October 31
2 October 1-December 31 January 31
3 January 1-March 31 April 30
4 April 1-June 30 July 31
If an Account Holder fails to submit the outstanding debit card receipts following
the quarterly deadline, the Department is required to notify the Account Holder.
The Account Holder will then have a grace-period of 15 days to submit any
outstanding receipts. If the Account Holder fails to submit the receipt, the
Department will suspend the debit card and may close the account.
Additionally, Account Holders must submit supporting documentation for debit
card purchases after every 20 transactions, even if it results in them submitting
prior to established deadlines. Failure to submit all supporting documentation
after the 20-transactions ceiling will result in the Account Holder’s ClassWallet
debit card being deactivated.
Improper use of debit cards and suspension—Cash withdrawals, cash
advances, or purchase of cashier's checks are prohibited with your ClassWallet
debit card. Any Account Holder attempting to make a cash withdrawal will have
their debit card automatically suspended and the Account Holder will need to
notify ClassWallet directly for reactivation. The Department will issue a 15-day
suspension letter via email to the Account Holder stating the reason for the
suspension. The Account Holder will then have 15 days in which to respond or
take action. Failure to contact the Department by the date stated on the letter
may result in termination of the ESA.
Note: Private schools and vendors are never allowed to keep debit cards on
behalf of Account Holders.
e to contact the Department by the date stated on the letter
may result in termination of the ESA.
Note: Private schools and vendors are never allowed to keep debit cards on
behalf of Account Holders. The ClassWallet debit card must always be in the
Account Holder’s possession.
Additionally, the functionality of a debit card at point of sale does not validate the
allowability of a purchase.
Reimbursement: If Account Holders cannot make a purchase or pay using one of
the three ways listed above, they may make purchases using their personal money or
credit card. They must then submit itemized receipts or payment receipts accompanied
by an itemized invoice to the ESA program for reimbursement from their accounts.
Chapter 4 | ClassWallet Accounts
Empowerment Scholarship Account | 2025-2026 Parent Handbook
50
To receive reimbursement, Account Holders must link their bank accounts to their
ClassWallet accounts, and ClassWallet must verify the bank account’s
authenticity.
If an Account Holder has multiple children in the program, the bank account only
needs to be linked once.
When submitting purchases for reimbursement, Account Holders MUST
submit:
• Receipts only for transactions made after the date they signed their ESA
contracts.
• Complete itemized receipts or payment receipts accompanied by itemized
invoices.
• All other necessary documentation such as curricula, therapist letters
recommending supplemental material, educational service provider’s
credentials, business accreditation, etc.
Invoice requirements are available under the Invoice Requirements section.
Receipt requirements can be found under the Receipt Requirements section.
Vendor registration in ClassWallet
If an Account Holder has a preferred vendor that is not on the ClassWallet platform,
private schools, educational service providers, and vendors can register to become a
ClassWallet vendor by visiting the “Vendor” section of the ESA Support page of ADE’s
website at https://www.azed.gov/esa/esa-support. They can also contact ClassWallet at
help@classwallet.com or 1-877-969-5536.
ClassWallet charges a 2% processing fee to vendors and not directly to the ESA
Account Holder. However, the vendor has discretion to charge Account Holders a
processing fee to offset this expense.
Prospective vendor registers
with ClassWallet through the link
provided on the ESA website
under the vendor tab
https://www.azed.gov/esa/esa-
support
ADE reviews
registration and
documentation
provided by
vendor for
completeness
Vendor is
approved or
denied
Auditing and
page 58
Chapter 5
Auditing and
Compliance for ESA
Purchases
| Auditing and Compliance for ESA Purchases
page 59
he Department shall not request repayment for an expense it has approved for a
specific ESA.22 The Department shall treat similar expenditures by similarly situated
account holders in the same manner. This section does not create authorization for an
account holder to expend funds in a manner not permitted by statute.
Comparison of ESA students and allowable items
Situation Student 1 Student 2 Item allowability comparison
Similarly
Situated
Student with
Disability-ASD
(autism spectrum
disorder)
Student with
Disability-ASD
Weighted blanket approved for all
students with an ASD
classification as a good
associated with ASD.
Not Similarly
Situated
Student with
Disability-
ASD
Student with
Disability-SLI
(speech language
impairment)
Weighted blanket approved for
Student 1 but not Student 2, since
weighted blankets are not a good
associated with an SLI disability.
Not Similarly
Situated
Student with
Disability-
ASD
Universal-eligibility
student
Weighted blanket approved for
Student 1 but not Student 2, since
weighted blankets are not a good
associated with regular education
students.
22 The Department may ask for repayment of any items approved in error, if items are improper or unallowable under
your ESA contract, state law, administrative rule, program policies, or this ESA Parent Handbook.
Chapter 5 | Auditing and Compliance for ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
52
Auditing purchases
Pursuant to A.R.S. §15-2403(B) and A.A.C. R7-2-1508(A), the Department may perform
audits to ensure compliance with ESA rules pertaining to purchases. Such audits
conform to the record retention requirements that were in place at the time the expense
was made. The Department may only audit account activity from the last two fiscal
years, including the current fiscal year.
Pursuant to A.A.C. R7-2-1508(B), the Department must provide an annual notice to each
parent of when and how the Department will conduct reviews of expenses and audits. If
the Department chooses to adopt risk-based auditing, the Department must provide
formal notice to the State Board of Education (SBE) at one of its meetings.
In 2020, the State Board of Education, working in collaboration with the Arizona
Department of Education and stakeholders, established the rule A.A.C. R7-2-1507(C):
The Department shall not request repayment for an expense it has approved for a
specific ESA.22 The Department shall treat similar expenditures by similarly situated
account holders in the same manner.
Chapter 5 | Auditing and Compliance for ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
53
Unallowable purchases that may result in account
suspension or termination
To protect the ESA program and public monies, the Department pursues all unallowable
purchases made using Empowerment Scholarships that it finds. If ESA staff identify
unallowable purchases during purchase reviews or audits, they will suspend the
applicable accounts and notify Account Holders of suspension and possible termination,
along with appeal rights or other possible due process remedies. If after due process is
completed, improper spending is not repaid to the ESA program, the Department will
refer these cases to the State Board of Education to approve a referral to the Attorney
General’s Office for collections. Additionally, the Department has a zero-tolerance policy
on substantial misuse of Empowerment Scholarships with the intent to defraud. In these
circumstances, the Department refers cases directly to the Attorney General’s Office.
The Department may suspend Account Holders’ ESAs and require them to repay any
spending that is unallowable under their ESA contracts, state law, administrative rule,
program policies, or the ESA Parent Handbook.
Below are examples that may result in account suspension or termination:
● Purchases made with Empowerment Scholarships while enrolled in a public-
school district, charter school, or public online school, including summer school
at any of these types of public schools (A.R.S. §15-2402(B)(2)).
● Purchases made with Empowerment Scholarships while concurrently accepting
School Tuition Organization (STO) Scholarships OR tax credit scholarships in the
same year as an Account Holder signs an ESA contract.23 (A.R.S.
h Empowerment Scholarships while concurrently accepting
School Tuition Organization (STO) Scholarships OR tax credit scholarships in the
same year as an Account Holder signs an ESA contract.23 (A.R.S. §15-
2402(B)(3))
● Purchases made with Empowerment Scholarships for unallowable items or
services
● Failing to spend a portion of the Empowerment Scholarship on each of the
following subjects: reading, grammar, mathematics, social studies, and science
● Failing to submit receipts for debit card transactions by the quarterly deadlines
● Committing fraudulent activity within the ESA Program, including providing false
information or falsifying documents
● Re-selling items purchased with Empowerment Scholarships
● Account Holders and parents or guardians who are not designated account
holders, cannot be paid with any funds from their students’ Empowerment
Scholarships. Additionally, students receiving an Empowerment Scholarship
23 If after signing an ESA contract, an Account Holder concurrently accepts an STO scholarship for an ESA student,
the Account Holder must withdraw his or her student from the ESA program and the ESA will be closed. Conversely, if
a student is receiving an STO scholarship and the student’s parents or guardian decides to switch to an ESA, the
parents or guardian must repay the STO the scholarship amount before signing an ESA contract. Please contact your
qualified school to make sure you are not receiving an STO or tax credit scholarship. If you believe you may have
received an STO or tax credit scholarship, please contact ESA staff immediately.
ell as fraud investigation, if applicable. Pursuant to A.A.C. R7-2-1509(J), if a case is
referred to the Attorney General’s Office, the Department shall withhold all funds in the
account and close it. Additionally, if an account is terminated, the Department shall
conduct a full audit of the account and request repayment of any funds that were spent
in violation of the ESA contract. Pursuant to A.A.C. R7-2-1510(B), the Department may
remove a parent from the ESA program for failing to correct a violation, this includes
termination of all ESAs for whom the parent is the account holder.
However, if the Account Holder provides documentation showing that the purchases in
question are allowable, that the Account Holder was victim to identity theft or fraud, or
that the Account Holder has made repayment for the unallowable purchases, the
account will be reactivated.
Repayment plans
Pursuant to A.A.C. R7-2-1509(C), if during an account suspension, the Department
determines that the Account Holder’s documentation fails to demonstrate that the
purchase is allowable or that the Account Holder was victim to identity theft or fraud, the
Department shall provide notification to the Account Holder that the amount must be
repaid.
Chapter 5 | Auditing and Compliance for ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
54
cannot use their scholarships to pay themselves for any purpose whatsoever.
Suspension of ESAs
Pursuant to A.A.C. R7-2-1509, when the Department suspends an account, it will notify
the Account Holder of the suspension by email. The notification will specify the reason
for the suspension and details of the unallowable purchase that resulted in the
suspension. The Department will allow Account Holders 15 business days to provide the
ESA program with documentation that shows their purchase was allowable or that they
were victims of identity theft or fraud. Otherwise, Account Holders must submit
repayment for the unallowable purchase or file an appeal to the SBE. Additional
information on the ESA Appeals Process, as well as how to file an appeal is available at:
https://azsbe.az.gov/empowerment-scholarship-account-esa-program.
Termination of ESAs
If, within 15 business days of notification of account suspension, the Account Holder has
taken no action, the Department will send the Account Holder a termination letter by
email and first class or certified mail, which will also include a right to appeal.
The termination letter allows the Account Holder 30 calendar days to resolve the
termination or appeal the Department’s decision. If no appeal is made in writing to SBE,
the ESA is closed, and unused funds will be deposited back into the State’s general
fund. Any outstanding amounts spent on unallowable purchases or on debit card
purchases for which supporting documentation has not been submitted will be referred
to the SBE who may refer the case to the Attorney General’s Office for Collections, as
well as fraud investigation, if applicable. Pursuant to A.A.C. R7-2-1509(J), if a case is
referred to the Attorney General’s Office, the Department shall withhold all funds in the
account and close it.
Chapter 5 | Auditing and Compliance for ESA Purchases
Empowerment Scholarship Account | 2025-2026 Parent Handbook
55
Pursuant to A.A.C. R7-2-1509(C), if Empowerment Scholarship funds need to be repaid
on an active account, the Department may agree to a repayment schedule at the
request of the parent.
Once an Account Holder agrees to a repayment schedule or repays an amount
pursuant to A.A.C. R7-2-1509(A)(2)(b) or A.A.C. R7-2-1509(C), the Department shall lift
the suspension, reinstate the account, and make any disbursements that were withheld
during the suspension. Pursuant to A.A.C. R7-2-1509(G), if an Account Holder fails to
make a scheduled payment when on a repayment plan, the remaining unpaid balance
will be referred to the SBE, who may refer the case to the Attorney General’s Office for
collections.
However, if an Account Holder’s ESA has been closed or terminated and the SBE has
referred the account to the Attorney General’s Office for collections, the Account Holder
must work through any procedures established by the Attorney General’s Office in these
matters.
Except in cases which the Attorney General determines that an Account Holder has
committed fraud, any expenditure from an Arizona Empowerment Scholarship Account
for a purchase that is unallowable pursuant to A.R.S. §15-2402 and that is subsequently
repaid by the Account Holder shall be credited back to the Arizona Empowerment
Scholarship Account.
Repayment instructions
Please make payments out to the Arizona Department of Education. Please include the
student’s name, application ID number, and a brief explanation to assist us in
processing.
Accepted Methods of Payment:
● Personal check
● Cashier’s check
● Money order
Address:
Arizona Department of Education
Attn: ESA Program
1535 W. Jefferson Street, Bin #41
Phoenix, AZ 85007
| Renewing ESA Contracts
page 64
Empowerment Scholarship Account | 2025-2026 Parent Handbook
57
Chapter 6 | Renewing ESA Contracts
Eligibility requirements to renew your annual ESA contract
To be eligible to renew an ESA contract, Account Holders must have:
1. Spent a portion of their students’ Empowerment Scholarships on reading, grammar,
mathematics, social studies, and science during the contract year (July 1-June 30)
2. An active contract, meaning their contracts must not be currently suspended or have
been terminated for contract violations such as:
• Failure to submit debit card receipts in a timely manner. See Deadline for Debit
Card Transactions
• Making improper or unallowable purchases
• Using Empowerment Scholarships in any way that is fraudulent
• Enrolling your student in public school at the same time he or she is participating
in the ESA program
• Receiving a School Tuition Organization (STO) or tax credit scholarship in the
same fiscal year (July 1-June 30) as an ESA
• Using their student’s ESA to pay themselves
• Reselling items purchased with ESA funds
Renewal contracts
Existing ESA students are considered “renewing students” and do not need to reapply
annually, while they remain eligible to participate in the program. Their Account Holders
only need to sign their ESA renewal contracts that the Department sends in the spring.
Any funds remaining in students’ ESAs at the end of the fiscal year will roll over into the
next fiscal year. Eligible students on “Exited” contracts (see “Exited” Contract) must also
renew their contracts.
Each year, around May, renewal contracts will be sent by email with an electronic
signing option. Once the ESA program receives signed renewal contracts and any
required documents, ESA staff will send email confirmations to Account Holders.
| Leaving the ESA Program
page 66
Chapter 7 | Leaving the ESA Program
Empowerment Scholarship Account | 2025-2026 Parent Handbook
59
A student leaves the ESA program 1 of 4 ways:
1. Withdrawal: Account Holder requests that his or her student’s ESA contract be
closed and the student withdraws from the ESA program.
2. Non-renewal: Account Holder chooses not to sign his or her student’s renewal
contract.
3. “Exited” contract: Student exits the program upon high school graduation or
earning a general education diploma (GED).24
4. Termination: ADE terminates an Account Holder’s contract for failure to abide by
program rules or policies, ESA Parent Handbook, or state law.
Withdrawal
Account Holders can withdraw their students from the ESA program at any time. To
close a student’s account, an Account Holder can do so within the ESA Portal. Account
Holders can also submit an ESA Support Ticket requesting ESA staff to close their
account. The Account Holder will receive email confirmation when the ESA has been
closed.
ESA staff will review closed ESAs to determine if there are any outstanding debit card
receipts or paid invoices that are missing, and that Account Holders must still submit.
Once an account is closed and has been reviewed by ESA staff, any Empowerment
Scholarship funds remaining in the account will be returned to the State’s general fund.
Pursuant to A.A.C. R7-2-1509, if an account is closed and ESA staff determine that it is
not in good standing due to missing debit card receipts, the Department will refer the
account to the State Board of Education (SBE). The SBE may refer the case to the
Attorney General’s office for collections.
Non-renewal
Renewal contracts are sent to current Account Holders near the end of each school
year. Pursuant to A.R.S. §15-2402(H), if an Account Holder does not sign a renewal
contract, the ESA program will automatically close the account. Any Empowerment
Scholarship funds that remain in ESAs that have been closed for non-renewal will be
held for 3 fiscal years.
n a renewal
contract, the ESA program will automatically close the account. Any Empowerment
Scholarship funds that remain in ESAs that have been closed for non-renewal will be
held for 3 fiscal years. If an ESA remains closed for 3 fiscal years, the Department will
send a notice to Account Holders stating that the Empowerment Scholarship funds will
be swept within 60 days. If there is no response within 60 days of this notice, any
remaining Empowerment Scholarship funds will be returned to the State, pursuant to
A.R.S. §15-2402(H).
24 ESA students with a disability may be eligible to continue in the ESA program until age 22. See Students with a
Disability (After 12th-grade cohort year)
Empowerment Scholarship Account | 2025-2026 Parent Handbook
60
“Exited” contract
An Account Holder will receive an “Exited” contract for his or her student, if the student
meets 2 criteria:
• The student no longer qualifies for a K-12 education because he or she has
graduated high school or earned a GED
• The student’s ESA still has a positive fund balance.
Please note that students on Exited contracts do not receive any new ESA funding, but
the students are eligible to spend their current ESA balance for proper and allowable
expenses.25
Once a student is on an Exited contract, the student can spend his or her ESA balance
for up to 4 years or until graduation from a postsecondary institution.26 All policies and
laws regarding the ESA program must still be followed.
If your student graduates high school or earns a GED, please notify the ESA program
as soon as possible so that an Exited contract can be sent.
Account Holders whose students are on Exited contracts are still contractually obligated
to upload debit card receipts, if applicable, on a quarterly basis. An Account Holder’s
failure to do so can result in ADE suspending and subsequently terminating the ESA.
Termination
The Department may terminate an Account Holder’s ESA contract and remove a
student from the ESA program for a variety of reasons, as discussed in Chapter 5. Upon
the Department terminating an ESA contract, the Account Holder may appeal the
Department’s decision. However, if an Account Holder is removed due to committing
fraud, the Account Holder and the student may not reapply for the ESA program in the
future.
25 See A.R.S. §15-2402
26 See A.R.S. §15-2402(K)
| ESA Support
page 69
Chapter 8 | ESA Support
Empowerment Scholarship Account | 2025-2026 Parent Handbook
62
Seeking ESA support?
If you are seeking information or support from the ESA program, please visit
https://www.azed.gov/esa/esa-support. You will be able to find information on how to
request pre-approvals, submit documents, ask questions and more!
ESA support ticket system
Account Holders can submit ESA Support Tickets through their ESA parent portal.
There is a one-time set up and registration the first time Account Holders use the ESA
Support Ticket system, which must be done through a desktop or laptop, since the ticket
system is not compatible with mobile devices.
During initial set up:
• After you click on Submit a Support Ticket for the first time, an email invitation will be
sent to you within a couple of minutes. Please check Spam or Junk folders if you do
not receive the email within a few minutes.
• The email invitation to join the Arizona Department of Education (ADE) Organization
is sent from the vendor’s platform known as Zoho. This invitation will be sent to the
same email address that you used when logging into the ESA Applicant Portal.
• You must accept the email invitation within 7 days or the link to “Join Organization”
will expire. If you attempt to click on the Submit a Support Ticket feature when you
have not yet accepted the email invitation to join the ADE organization, you will
receive a “User Does Not Exist” error message.
• If the link expires, complete the following steps:
o Send an email to the ESA Call Center Inbox (ESACallCenter@azed.gov)
o In the subject line type “ESA Support Ticket Error and [ESA Application ID
Number]”.
o Attach a screenshot of the error
ESA Staff will escalate your request for a new link to be re-sent.
How to submit an ESA Support Ticket
1. After logging into the ESA Portal, create a Support request by clicking on the link
located on the upper right-hand corner labeled Submit a Support Ticket.
2.
t.
How to submit an ESA Support Ticket
1. After logging into the ESA Portal, create a Support request by clicking on the link
located on the upper right-hand corner labeled Submit a Support Ticket.
2. Click on Request a Service link shown at the top right. To go back to the previous
screen (landing page), click on the “X” icon at the top right of the window. DO NOT
click the browser back button.
3. There are several ADE program areas in the system. To contact ESA, click on the
ESA-Empowerment Scholarship Account option.
4. In the “Template” drop-down field, select one of the following 3 options:
Empowerment Scholarship Account | 2025-2026 Parent Handbook
63
• ESA Purchase Review—if the request is about an existing order or pre-approval
• ESA Enrollment—if the request is about an application, ESA contract, program
withdrawal, or personal information update.
• ESA Call Center—for technical support.
To change the Category selection you have made, you must select a new template
by choosing the new category from the Switch Template drop-down menu at the top.
All the required fields with an asterisk “*” next to the field name must be completed.
5. Next, select the appropriate “Sub Category” and “Item” in the drop-down menu.
Documents can be attached within the ESA Support Ticket. Click on the Requests menu
to view all tickets and the status.
Updating an existing ESA support ticket
1. Click on the Conversations tab to view all the email conversations or notes. Add
comments or notes by clicking the “Reply” button.
2. The ticket cannot be edited once it has been submitted, but you will be able to add to
the conversation.
3. Once the initial request is satisfied, the team will resolve the ticket. If there is an
additional request, please submit a new ESA Support Ticket.
Getting an error message trying to access ESA’s Support
Ticketing system
Common error messages:
• You are not authorized to access URL
• User doesn’t exist
• User not found
• Zoho error
Note: If you receive one of these error messages or experience any other issue when
using the ESA Support Ticket system, please send us an email with a screenshot of
your error message or contact our ESA Support Team at 602-364-1969. We are happy
to help!
Key handbook highlights
Empowerment Scholarship Account | 2025-2026 Parent Handbook
64
• Only spend on allowable purchases—It is the Account Holder’s responsibility to
follow the law and the terms of their ESA contracts and use Empowerment Scholarships
only for items allowed under A.R.S. §15-2402(B)(4).
o Vendors stating that they accept ESA funds does not mean that the goods or
services they sell are allowable program goods or services. The ESA program has
no involvement on vendors’ marketing or statements. Account Holders are
responsible for ensuring that all their purchases are allowable.
o ESA staff can audit ESA purchases from the last 2 fiscal years, including the current
fiscal year, and take all appropriate steps to address any unallowable purchases
made by Account Holders.
o Empowerment Scholarship Accounts can be suspended or terminated for
unallowable or improper purchases or fraudulent activity.
o When seeking assistance from ADE, the ESA program staff can only provide
technical assistance and not legal advice.
● Charter schools are public schools—ESA students cannot be enrolled in a public
school, which includes in-person or online charter schools.
● Purchase preapprovals—For preapprovals or questions about purchasing specific
items, submit an ESA Support Ticket. However, preapproval is not required.
● The Department does not regulate or oversee private schools or vendors, even if
they are in the ClassWallet platform. Our team cannot recommend schools or providers.
Please research private schools and education service providers and consider all
factors that are important to you when contracting with them.
● Protect your ESA!—Do not provide login access to your Empowerment Scholarship
Account to anyone else, including private schools or education service providers.
● Do not pay yourself with Empowerment Scholarships—ESA Holders cannot be paid
with any funds from their students’ Empowerment Scholarships.
, including private schools or education service providers.
● Do not pay yourself with Empowerment Scholarships—ESA Holders cannot be paid
with any funds from their students’ Empowerment Scholarships. Similarly, students
receiving an Empowerment Scholarship cannot use their scholarships to pay
themselves for any purpose.
● No ESA and STO at same time—ESA students cannot accept Empowerment
Scholarships and school tuition organization (STO) scholarships concurrently in the
same fiscal year.
● Reselling items purchased with Empowerment Scholarships is prohibited.
● Sign your contract annually to remain in the program—Account Holders must sign
renewal contracts sent to them by the ESA program annually if they wish to remain in
the program for the next fiscal year.
Acronyms
Empowerment Scholarship Account | 2025-2026 Parent Handbook
65
Acronym Meaning
504 Section 504 of the Rehabilitation Act
A.A.C. Arizona Administrative Code or Rules
ADE Arizona Department of Education
A.R.S. Arizona Revised Statutes
ESA Empowerment Scholarship Account
ESS Exceptional Student Services
IDEA Individuals with Disabilities Education Act
IEE Independent Educational Evaluation
IEP Individualized Educational Program
MET Multidisciplinary Evaluation Team
OT Occupational Therapy
SBE Arizona State Board of Education
STO School Tuition Organization
Empowerment Scholarship Account | 2025-2026 Parent Handbook
page 73
d 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.
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 J 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 was assigned a letter
grade of D or F pursuant to section 15-241 for the most recent year
in which letter grades were assigned or is currently eligible to
Appendix A
Empowerment Scholarship Account | 2025-2026 Parent Handbook
66
ESA Statutes
A.R.S. §15-2401 – Definitions
In this chapter, unless the context otherwise requires:
1. "Annual education plan" means an initial individualized evaluation and subsequent
annual reviews that are developed for a qualified student who meets the criteria
specified in paragraph 7, subdivision (a), item (i), (ii) or (iii) of this section to
determine ongoing annual eligibility through the school year in which the qualified
student reaches twenty-two years of age and whether the student may be eligible
pursuant to section 36-2981 and should be referred for eligibility determination.
2. "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.
3. "Department" means the department of education.
4. "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.
5. "Parent" means a resident of this state who is the parent, stepparent 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 or, for qualified
students who reside within the boundaries of an Indian reservation in this state, 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.
7.
241 for the most recent year in which letter grades were
page 74
Empowerment Scholarship Account | 2025-2026 Parent Handbook
67
attend kindergarten and resides within the attendance boundary of
a school that was assigned a letter grade of D or F pursuant to
section 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
United States Code sections 1751 through 1793) is not subject to
subdivision (b) of this paragraph.
(v) A previous recipient of a scholarship issued pursuant to 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.
(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 item is not subject
to subdivision (b) of this paragraph.
(vii) 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.
(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 Arizona
empowerment scholarship account recipient or of an eligible
qualified student who accepts the terms of and enrolls in an Arizona
empowerment scholarship account.
(x) 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.
(xi) A child of a parent who is legally blind or deaf or hard of hearing as
defined in section 36-1941.
(b) And, except as provided in subdivision (a), items (iv) and (vi) of this
paragraph, who meets any of the following requirements:
(i) Attended a governmental pri
aring as
defined in section 36-1941.
(b) And, except as provided in subdivision (a), items (iv) and (vi) 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 forty-five days of
the current or prior fiscal year and who transferred from a
governmental primary or secondary school under a contract to
participate in an Arizona empowerment scholarship
account. Kindergarten students who are enrolled in Arizona online
instruction must receive one hundred hours of logged instruction to
be eligible pursuant to this item. First, second and third grade
901 for at least ninety days of the prior fiscal year or one
page 75
or
year if placement at the school was approved by the department of
education and contracted for by a public school district.
(vi) 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 five years of age on January 1 of the current school
year, is under seven years of age, has not already completed a
kindergarten program and is not enrolled in grade one of a private
or governmental school in the current year.
(vii) 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.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
68
students who are enrolled in Arizona online instruction must receive
two 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 two hundred fifty 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 two hundred seventy-five hours of logged instruction
to be eligible pursuant to this item. High school students who are
enrolled in Arizona online instruction must receive two hundred fifty
hours of logged instruction to be eligible pursuant to this item.
(ii) Previously participated in an Arizona 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 before 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 before attending a qualified school.
(v) Attended a nonpublic school for pupils with disabilities in the prior
year if placement at the school was approved by the department of
education and contracted for by a public school district.
(vi) Has not previously attended a governmental primary or secondary
scho
Empowerment Scholarship Account | 2025-2026 Parent Handbook
69
8. "Treasurer" means the office of the state treasurer.
Statute link: https://www.azleg.gov/ars/15/02401.htm
A.R.S. §15-2401.01 – Definition of qualified student for
Arizona empowerment scholarship accounts; expansion
Notwithstanding section 15-2401, beginning in the 2022-2023 school year, in this
chapter, unless the context otherwise requires, "qualified student" includes a resident of
this state who both:
1. Is eligible to enroll in a public school in this state in any of the following:
(a) A preschool program for children with disabilities.
(b) A kindergarten program.
(c) Any of grades one through twelve.
2. Does not otherwise qualify for an Arizona empowerment scholarship account
pursuant to this chapter.
Statute link: https://www.azleg.gov/ars/15/02401-01.htm
A.R.S. §15-2402 – Arizona empowerment scholarship
accounts; funds
A. Arizona empowerment scholarship accounts are established to provide options for
the education of students in this state.
B. To enroll a qualified student for an Arizona empowerment scholarship account, the
parent of the qualified student must sign an agreement to do all of the following:
1. Use a portion of the Arizona empowerment scholarship account 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 Arizona empowerment scholarship account is
allocated monies according to a transfer schedule other than quarterly
transfers pursuant to section 15-2403, subsection G.
2. Not enroll the qualified student in a school district or charter school and
release the school district from all obligations to educate the qualified
student. This paragraph does not:
Empowerment Scholarship Account | 2025-2026 Parent Handbook
70
(a) Relieve the school district or charter school that the qualified
student previously attended from the obligation to conduct an
evaluation pursuant to section 15-766.
(b) Require the qualified student to withdraw from a school district or
charter school before enrolling for an Arizona empowerment
scholarship account if the qualified student withdraws from the
school district or charter school before receiving any monies in the
qualified student's Arizona empowerment scholarship account.
(c) Prevent the qualified student from applying in advance for an
Arizona empowerment scholarship account to be funded beginning
the following school year, subject to section 15-2403, subsection H.
3. Not accept a scholarship from a school tuition organization pursuant to
title 43 concurrently with an Arizona empowerment scholarship account for
the qualified student in the same year a parent signs the agreement
pursuant to this section.
4. Use monies deposited in the qualified student's Arizona empowerment
scholarship account only for the following expenses of the qualified
student:
(a) Tuition or fees at a qualified school that requires all teaching staff
and personnel who have unsupervised contact with students to be
fingerprinted.
(b) Textbooks required by a qualified school.
(c) If the qualified student meets any of the criteria specified in section
15-2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) as
determined by a school district or by an independent third party
pursuant to section 15-2403, subsection J, the qualified student
may use the following additional services:
(i) 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 student.
(ii) A licensed or accredited paraprofessional or educational
aide.
(iii) Tuition for vocational and life skil
if the expense is partially paid by a
health insurance policy for the qualified student.
(ii) A licensed or accredited paraprofessional or educational
aide.
(iii) Tuition for vocational and life skills education approved by
the department.
(iv) Associated goods and services that include educational and
psychological evaluations, assistive technology rentals and
braille translation goods and services approved by the
department.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
71
(d) Tutoring or teaching services provided by an individual who is not
subject to disciplinary action by the state board of education for
immoral or unprofessional conduct pursuant to section 15-505 or
15-534.04 or a facility that is accredited by a state, regional or
national accrediting organization. The department shall ensure any
individual who provides tutoring or teaching services to one or more
qualified students pursuant to this subdivision is not subject to
disciplinary action by the state board of education. The department
shall also remove any individual who is subject to disciplinary action
by the state board of education from all platforms that the
department provides to parents and qualified students for the
purchase of goods or educational services using account monies.
(e) Curricula and supplementary materials.
(f) Tuition or fees for a nonpublic online learning program.
(g) Fees for a nationally standardized norm-referenced achievement
test, an advanced placement examination or any exams related to
college or university admission.
(h) Tuition or fees at an eligible postsecondary institution.
(i) Textbooks required by an eligible postsecondary institution.
(j) Fees to manage the Arizona empowerment scholarship account.
(k) Services provided by a public school, including individual classes
and extracurricular programs.
(l) Insurance or surety bond payments.
(m) Uniforms purchased from or through a qualified school.
(n) If the qualified student meets the criteria specified in section 15-
2401, paragraph 7, subdivision (a), item (i), (ii) or (iii) and if the
qualified student is in the second year prior to the final year of a
contract executed pursuant to this article, costs associated with an
annual education plan conducted by an independent evaluation
team.
ified student is in the second year prior to the final year of a
contract executed pursuant to this article, costs associated with an
annual education plan conducted by an independent evaluation
team. The department shall prescribe minimum qualifications for
independent evaluation teams pursuant to this subdivision and
factors that teams must use to determine whether the qualified
student shall be eligible to continue to receive monies pursuant to
this article through the school year in which the qualified student
reaches twenty-two years of age. An independent evaluation team
that provides an annual education plan pursuant to this subdivision
shall submit a written report that summarizes the results of the
evaluation to the parent of the qualified student and to the
department on or before July 31. The written report submitted by
Empowerment Scholarship Account | 2025-2026 Parent Handbook
72
the independent evaluation team is valid for one year. If the
department determines that the qualified student meets the
eligibility criteria prescribed in the annual education plan, the
qualified student is eligible to continue to receive monies pursuant
to this article until the qualified student reaches twenty-two years of
age, subject to annual review. A parent may appeal the
department's decision pursuant to title 41, chapter 6, article 10. As
an addendum to a qualified student's final-year contract, the
department shall provide the following written information to the
parent of the qualified student:
(i) That the qualified student will not be eligible to continue to
receive monies pursuant to this article unless the results of
an annual education plan conducted pursuant to this
subdivision demonstrate that the qualified student meets the
eligibility criteria prescribed in the annual education plan.
(ii) That the parent is entitled to obtain an annual education plan
pursuant to this subdivision to determine whether the
qualified student meets the eligibility criteria prescribed in the
annual education plan.
(iii) A list of independent evaluation teams that meet the
minimum qualifications prescribed by the department
pursuant to this subdivision.
(o) Public transportation services in this state, including a commuter
pass for the qualified student, or transportation network services as
defined in section 28-9551 between the qualified student's
residence and a qualified school in which the qualified student is
enrolled.
(p) Computer hardware and technological devices primarily used for an
educational purpose.
between the qualified student's
residence and a qualified school in which the qualified student is
enrolled.
(p) Computer hardware and technological devices primarily used for an
educational purpose. For the purposes of this subdivision,
"computer hardware and technological devices":
(i) Includes calculators, personal computers, laptops, tablet
devices, microscopes, telescopes and printers.
(ii) Does not include entertainment and other primarily
noneducational devices, including televisions, telephones,
video game consoles and accessories, and home theatre
and audio equipment.
5. Not file an affidavit of intent to homeschool pursuant to section 15-802,
subsection B, paragraph 2 or 3.
6. Not use monies deposited in the qualified student's account for any of the
following:
190 relating to lapsing of appropriations. The state treasurer shall list
page 80
Empowerment Scholarship Account | 2025-2026 Parent Handbook
73
(a) Computer hardware or other technological devices, except as
otherwise allowed under paragraph 4, subdivision (c) or (p) of this
subsection.
(b) Transportation of the pupil, except for transportation services
described in paragraph 4, subdivision (o) of this subsection.
C. In exchange for the parent's agreement pursuant to subsection B of this section, the
department shall transfer from the monies that would otherwise be allocated to a
recipient's prior school district, or if the child is currently eligible to attend a preschool
program for children with disabilities, a kindergarten program or any of grades one
through twelve, the monies that the department determines would otherwise be
allocated to a recipient's expected school district of attendance, to the treasurer for
deposit into an Arizona empowerment scholarship account an amount that is
equivalent to ninety percent of the sum of the base support level and additional
assistance prescribed in sections 15-185 and 15-943 for that particular student if that
student were attending a charter school.
D. The department of education empowerment scholarship account fund is established
consisting of monies appropriated by the legislature. The department shall
administer the fund. Monies in the fund are subject to legislative appropriation.
Monies in the fund shall be used for the department's costs in administering Arizona
empowerment scholarship accounts under this chapter. Monies in the fund are
exempt from the provisions of section 35-190 relating to lapsing of appropriations. If
the number of Arizona empowerment scholarship accounts significantly increases
after fiscal year 2020-2021, the department may request an increase in the amount
appropriated to the fund in any subsequent fiscal year in the budget estimate
submitted pursuant to section 35-113. The department shall list monies in the fund
as a separate line item in its budget estimate.
E.
d to the fund in any subsequent fiscal year in the budget estimate
submitted pursuant to section 35-113. The department shall list monies in the fund
as a separate line item in its budget estimate.
E. The state treasurer empowerment scholarship account fund is established consisting
of monies appropriated by the legislature. The state treasurer shall administer the
fund. Monies in the fund shall be used for the state treasurer's costs in
administering the Arizona empowerment scholarship accounts under this chapter. If
the number of Arizona empowerment scholarship accounts significantly increases
after fiscal year 2020-2021, the state treasurer may request an increase in the
amount appropriated to the fund in any subsequent fiscal year in the budget
estimate submitted pursuant to section 35-113. Monies in the fund are subject to
legislative appropriation. Monies in the fund are exempt from the provisions of
section 35-190 relating to lapsing of appropriations. The state treasurer shall list
monies in the fund as a separate line item in its budget estimate.
F. A parent must renew the qualified student's Arizona empowerment scholarship
account on an annual basis. The department of education shall verify that the
parent's child is a qualified student as defined in section 15-2401 or 15-2401.01 in
the year for which the parent seeks to renew the Arizona empowerment scholarship
account. This subsection does not require the department to annually verify the
802.
page 81
es for allowable expenses each year and
is in good standing, the qualified student's Arizona empowerment scholarship
account shall be closed and any remaining monies shall be returned to the state.
L. Monies received pursuant to this article do not constitute taxable income to the
parent of the qualified student.
Statute link: https://www.azleg.gov/ars/15/02402.htm
A.R.S. §15-2403 – Arizona empowerment scholarship
accounts; administration; appeals; risk-based audits; rules;
policy handbook
A. The treasurer may contract with private financial management firms to manage
Arizona empowerment scholarship accounts.
B. The department shall conduct or contract for annual audits of Arizona empowerment
scholarship accounts to ensure compliance with section 15-2402, subsection B,
Empowerment Scholarship Account | 2025-2026 Parent Handbook
74
child's disability for the purpose of section 15-2401, paragraph 7, subdivision (a),
item (i), (ii) or (iii), if applicable.
G. Notwithstanding any changes to the student's multidisciplinary evaluation team plan,
a student who has previously qualified for an Arizona empowerment scholarship
account remains eligible to apply for renewal until the student finishes high school.
H. If a parent does not renew the qualified student's Arizona empowerment scholarship
account for a period of three academic years, the department shall notify the parent
that the qualified student's account will be closed in sixty calendar days. The
notification must be sent through certified mail, email and telephone, if
applicable. The parent has sixty calendar days to renew the qualified student's
Arizona empowerment scholarship account. If the parent chooses not to renew or
does not respond in sixty calendar days, the department shall close the account and
any remaining monies shall be returned to the state.
I. A signed agreement under this section constitutes school attendance required by
section 15-802.
J. A qualified school or a provider of services purchased pursuant to subsection B,
paragraph 4 of this section may not share, refund or rebate any Arizona
empowerment scholarship account monies with the parent or qualified student in any
manner.
K. Notwithstanding subsection H of this section, on the qualified student's graduation
from a postsecondary institution or after any period of four consecutive years after
high school graduation in which the student is not enrolled in an eligible
postsecondary institution, but not before this time as long as the account holder
continues using a portion of account monies for allowable expenses each year and
is in good standing, the qualified student's Arizona empowerment scholarship
account shall be closed and any remaining monies shall be returned to the state.
L.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
75
paragraph 4. The department shall also conduct or contract for random, quarterly
and annual audits of Arizona empowerment scholarship accounts as needed to
ensure compliance with section 15-2402, subsection B, paragraph 4. The
department, in consultation with the office of the auditor general, shall develop risk-
based auditing procedures for audits conducted pursuant to this subsection.
C. The department shall annually review a sample of Arizona empowerment
scholarship accounts, selected at random, to determine whether the parent or
qualified student is in compliance with the terms of the contract, applicable laws,
rules and orders relating to the Arizona empowerment scholarship accounts
program. The Arizona empowerment scholarship account of a parent or qualified
student who is in good standing may be randomly selected pursuant to this
subsection only one time during any five-year period. The department may remove
any parent or qualified student from eligibility for an Arizona empowerment
scholarship account if the parent or qualified student fails to comply with the terms of
the contract or applicable laws, rules or orders or knowingly misuses monies or
knowingly fails to comply with the terms of the contract with intent to defraud and
shall notify the treasurer. The department shall notify the treasurer to suspend the
account of a parent or qualified student and shall notify the parent or qualified
student in writing that the account has been suspended and that no further
transactions will be allowed or disbursements made. The notification shall specify
the reason for the suspension and state that the parent or qualified student has
fifteen days, not including weekends, to respond and take corrective action.
ments made. The notification shall specify
the reason for the suspension and state that the parent or qualified student has
fifteen days, not including weekends, to respond and take corrective action. If the
parent or qualified student refuses or fails to contact the department, furnish any
information or make any report that may be required for reinstatement within the
fifteen-day period, the department may remove the parent or qualified student
pursuant to this subsection.
D. A parent may appeal to the state board of education any administrative decision the
department makes pursuant to this article, including determinations of allowable
expenses, removal from the program or enrollment eligibility. The department shall
notify the parent in writing that the parent may appeal any administrative decision
under this article and the process by which the parent may appeal at the same time
the department notifies the parent of an administrative decision under this article.
The state board of education shall establish an appeals process, and the department
shall post this information on the department's website in the same location as the
policy handbook developed pursuant to subsection K of this section.
E. A parent may represent himself or herself or designate a representative, not
necessarily an attorney, before any appeals hearing held pursuant to this section.
Any designated representative who is not an attorney admitted to practice may not
charge for any services rendered in connection with the hearing. The fact that a
representative participated in the hearing or assisted the account holder is not
grounds for reversing any administrative decision or order if the evidence supporting
the decision or order is substantial, reliable and probative.
2402, subsection C to the treasurer for deposit in the Arizona
page 83
Empowerment Scholarship Account | 2025-2026 Parent Handbook
76
F. The state board of education may refer cases of substantial misuse of monies to the
attorney general for the purpose of collection or for the purpose of a criminal
investigation if the state board of education obtains evidence of fraudulent use of an
account.
G. The department shall make quarterly transfers of the amount calculated pursuant to
section 15-2402, subsection C to the treasurer for deposit in the Arizona
empowerment scholarship account of each qualified student, except the department
may make transfers according to another transfer schedule if the department
determines a transfer schedule other than quarterly transfers is necessary to operate
the Arizona empowerment scholarship account.
H. The department shall accept applications between July 1 and June 30 of each year.
The department shall issue an award letter to eligible applicants within thirty days
after receipt of a completed application and all required documentation. If an eligible
applicant completes an application in advance for an Arizona empowerment
scholarship account to be funded beginning on a later date, the department may
enroll the eligible applicant on the later date, except that the department may not
enroll the applicant more than two fiscal quarters after the fiscal quarter in which the
application is completed or on a date that is after March 31 and before July 1. If an
eligible applicant completes an application after March 31 and before July 1, the
department shall enroll the applicant on or after July 1. The department shall enroll
all other eligible applicants when the department issues an award letter pursuant to
this subsection. This subsection does not allow a qualified student to receive monies
in an Arizona empowerment scholarship account while the qualified student is
enrolled in a school district or charter school.
tion. This subsection does not allow a qualified student to receive monies
in an Arizona empowerment scholarship account while the qualified student is
enrolled in a school district or charter school. On or before September 1 and
November 1 of each year, the department shall furnish to the joint legislative budget
committee and the governor's office of strategic planning and budgeting an estimate
of the amount required to fund Arizona empowerment scholarship accounts for the
following fiscal year. The department shall include in its budget request for the
following fiscal year the amount estimated pursuant to section 15-2402, subsection
C for each qualified student.
I. The state board of education may adopt rules and policies necessary to administer
Arizona empowerment scholarship accounts, including rules and policies:
1. For establishing an appeals process pursuant to subsection D of this
section.
2. For conducting or contracting for examinations of the use of account
monies, consistent with subsection L of this section.
3. For conducting or contracting for random, quarterly and annual reviews of
accounts.
4. For establishing or contracting for the establishment of an online
anonymous fraud reporting service.
5. For establishing an anonymous telephone hotline for fraud reporting.
ualified student resides and that serves the grade
level of the qualified student. For the purposes of this paragraph, "qualified
examiner" means a licensed physician, psychiatrist or psychologist.
K. On or before July 1 of each year, the department shall develop an applicant and
participant handbook that includes information relating to policies and processes of
Arizona empowerment scholarship accounts. The policy handbook shall comply
with the rules adopted by the state board of education pursuant to this section. The
department shall post the handbook on the department's website.
L. The department shall:
1. Establish and maintain an online database of allowable and disallowed
categories of expenses and provide a link to the database on the
department's website.
2. Allow the use of account monies to reimburse the parent of a qualified
student or a qualified student for the purchase of a good or educational
service that is an allowable expense pursuant to section 15-2402,
subsection B.
M. Except for cases in which the attorney general determines that a parent or account
holder has committed fraud, any expenditure from an Arizona empowerment
scholarship account for a purchase that the department determines is not an
allowable expense pursuant to section 15-2402 and that is subsequently repaid by
Empowerment Scholarship Account | 2025-2026 Parent Handbook
77
6. That require a surety bond or insurance for account holders.
J. The department shall contract with an independent third party for the purposes of
determining whether a qualified student is eligible to receive educational therapies or
services pursuant to section 15-2402, subsection B, paragraph 4, subdivision (c). If
during any period on or after January 1, 2023 the department fails to ensure that a
contract with an independent third party is in effect, during that period:
1. The county school superintendent of each county may approve a list of
independent third parties within the county whose evaluation may be used
to determine whether a qualified student who resides within the county is
eligible to receive educational therapies or services pursuant to section
15-2402, subsection B, paragraph 4, subdivision (c).
2. If the county school superintendent of a county does not provide a list of
approved independent third parties within ninety days after the beginning
of any period during which the department does not have a contract with
an independent third party in effect as described in this subsection, the
parent of a qualified student who resides within the county has the right to
obtain an independent educational evaluation from a qualified examiner to
determine whether the qualified student is eligible to receive educational
therapies or services pursuant to section 15-2402, subsection B,
paragraph 4, subdivision (c). The expense for an educational evaluation
undertaken pursuant to this paragraph shall be provided by the school
district within which the qualified student resides and that serves the grade
level of the qualified student. For the purposes of this paragraph, "qualified
examiner" means a licensed physician, psychiatrist or psychologist.
K.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
78
the parent or account holder shall be credited back to the Arizona empowerment
scholarship account balance within thirty days after the receipt of payment.
N. If, in response to an appeal of an administrative decision made by the department,
the state board of education issues a stay of an Arizona empowerment scholarship
account suspension pursuant to rules adopted by the board, the department may not
withhold funding or contract renewal for the account holder because of the appealed
administrative decision during the stay unless directed by the board to do so.
Statute link: https://www.azleg.gov/ars/15/02403.htm
A.R.S. §15-2404 – State control over nonpublic schools;
prohibition; application
A. This chapter does not permit any government agency to exercise control or
supervision over any nonpublic school or homeschool.
B. A qualified school that accepts a payment from a parent pursuant to this chapter is
not an agent of the state or federal government.
C. A qualified school shall not be required to alter its creed, practices, admissions policy
or curriculum in order to accept students whose parents pay tuition or fees from an
empowerment scholarship account pursuant to this chapter in order to participate as
a qualified school.
D. In any legal proceeding challenging the application of this chapter to a qualified
school, the state bears the burden of establishing that the law is necessary and does
not impose any undue burden on qualified schools.
Statute link: https://www.azleg.gov/ars/15/02404.htm
A.R.S. §15-2405 – Arizona empowerment scholarship
accounts parent oversight committee; membership; duties
A. The Arizona empowerment scholarship accounts parent oversight committee is
established consisting of six members who are parents of qualified students who
receive Arizona empowerment scholarship account monies under this chapter. The
members shall be appointed as follows:
1.
established consisting of six members who are parents of qualified students who
receive Arizona empowerment scholarship account monies under this chapter. The
members shall be appointed as follows:
1. One member who is appointed by the president of the senate.
2. One member who is appointed by the speaker of the house of
representatives.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
79
3. One member who is appointed by the minority leader of the senate.
4. One member who is appointed by the minority leader of the house of
representatives.
5. Two members who are appointed by the governor.
B. At a minimum, the members appointed pursuant to subsection A, paragraphs 1, 2, 3
and 4 of this section shall be parents of qualified students who both:
1. Meet any of the criteria specified in section 15-2401, paragraph 7,
subdivision (a), item (i), (ii) or (iii) as determined by an independent third
party pursuant to section 15-2403, subsection I.
2. Use monies deposited in the qualified student's Arizona empowerment
scholarship account for expenses as prescribed in section 15-2402,
subsection B, paragraph 4, subdivision (c).
C. The members of the committee shall annually elect a chairperson from among its
members.
D. The committee shall meet at least once each calendar quarter. A majority of the
membership constitutes a quorum for the transaction of business.
E. The committee shall collaborate and interact with the department, the state board of
education, the attorney general and, as appropriate, the auditor general to review all
of the following:
1. The implementation of policies and procedures relating to the Arizona
empowerment scholarship account program under this chapter and the
program's effectiveness.
2. The concerns of parents of qualified students who receive Arizona
empowerment scholarship account monies under this chapter.
3. The work of the ombudsman-citizens aide on complaints associated with
administering the Arizona empowerment scholarship account program.
F. A parent may not serve on the committee if any of the following applies:
1. The parent is an employee or the relative of an employee of the
department.
2.
a empowerment scholarship account program.
F. A parent may not serve on the committee if any of the following applies:
1. The parent is an employee or the relative of an employee of the
department.
2. The parent receives monies or compensation from or is otherwise
associated in any manner with a lobbyist organization, a school choice
advocacy group or a private financial management firm that manages
Arizona empowerment scholarship accounts pursuant to section 15-2403,
subsection A.
3. The parent provides goods or services to qualified students that are
purchased pursuant to section 15-2402, subsection B, paragraph 4.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
80
Statute link: https://www.azleg.gov/ars/15/02405.htm
A.R.S. §15-2406 – Arizona empowerment scholarship
accounts; quarterly reports
Within sixty days after the last day of each calendar quarter, the department shall
submit a report, consistent with federal law, to the governor, the president of the senate,
the speaker of the house of representatives, the director of the joint legislative budget
committee and the director of the governor's office of strategic planning and
budgeting. The report must include all of the following:
1. The number of qualified students disaggregated by:
(a) Eligibility category.
(b) For qualified students who are eligible pursuant to section 15-2401.01, the
number of qualified students who attended a public school in this state in
the school year immediately preceding the first year of each qualified
student's enrollment in the Arizona empowerment scholarship account
program.
(c) Grade level.
(d) The school district or charter school that each qualified student attended in
the school year immediately preceding the first year of each qualified
student's enrollment in the Arizona empowerment scholarship account
program, if applicable.
(e) English language learners.
(f) Qualified students who are enrolled in the Arizona empowerment
scholarship account program as a student with a disability.
(g) The zip code of each qualified student's permanent residence.
2. The annual award amount associated with each Arizona empowerment scholarship
account.
3. The amount of approved expenses disaggregated by type of expense as described
in section 15-2402, subsection B, paragraph 4.
Statute link: https://www.azleg.gov/ars/15/02406.htm
Empowerment Scholarship Account | 2025-2026 Parent Handbook
page 88
0. “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:
Appendix B
Empowerment Scholarship Account | 2025-2026 Parent Handbook
81
ESA Administrative Rules
R7-2-1501 – Definitions
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.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
82
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.
o 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
Empowerment Scholarship Account | 2025-2026 Parent Handbook
83
defined in A.R.S. § 36-1941.
b. And, except as provided in R7-2-1501(12)(a)(iv) and R7-2-1501(12)(a)(vi), who
meets any of the following requirements:
i. Attended a governmental primary or secondary school as a full-time
student as defined in A.R.S. § 15-901 for at least 45 days of the current
or prior fiscal year and who transferred from a governmental primary or
secondary school under a contract to participate in an ESA.
Kindergarten students who are enrolled in Arizona online instruction
must receive 100 hours of logged instruction to be eligible pursuant to
this subsection. First, second and third grade students who are
enrolled in Arizona online instruction must receive 200 hours of logged
instruction to be eligible pursuant to this subsection. Fourth, fifth and
sixth grade students who are enrolled in Arizona online instruction must
receive 250 hours of logged instruction to be eligible pursuant to this
subsection. Seventh and eighth grade students who are enrolled in
Arizona online instruction must receive 275 hours of logged instruction
to be eligible pursuant to this subsection. High school students who are
enrolled in Arizona online instruction must receive 250 hours of logged
instruction to be eligible pursuant to this subsection. For the purposes
of this subsection, students may accumulate days of enrollment and
hours of instruction in the current or prior fiscal year, or a combination
thereof;
ii. Previously participated in an ESA;
iii. Received a scholarship under A.R.S. § 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 A.R.S. § 15-
901 for at least 90 days of the prior fiscal year or one full semester
before attending a qualified school;
iv.
vernmental primary
or secondary school as a full-time student as defined in A.R.S. § 15-
901 for at least 90 days of the prior fiscal year or one full semester
before 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 A.R.S. §
43-1505 or received an Arizona scholarship for pupils with disabilities
but did not receive monies from a school tuition organization pursuant
to A.R.S. § 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 A.R.S. § 15-901 for at least 90 days of
the prior fiscal year or one full semester prior to attending a qualified
school;
v. Attended a nonpublic school for pupils with disabilities in the prior year
if placement at the school was approved by the Department and
contracted for by a public school district.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
84
vi. 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
five years of age on January 1 of the current school year, is under
seven years of age, and has not already completed a kindergarten
program and is not enrolled in grade one of a private or governmental
school in the current year; or
vii. 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.
14. “Stay” means a Parent may have access to a terminated ESA account pending the
resolution of their appeal.
15. “Substantively complete” means an ESA application that meets all substantive
criteria required by statute or this Article.
16. “Supplemental materials” referenced in A.R.S. § 15-2401(2), means relevant
materials directly related to the course of study for which they are being used that
introduce content and instructional strategies or that enhance, complement, enrich,
extend or support the curriculum.
17. “Treasurer” means the Office of the State Treasurer.
18. Unless otherwise specifically defined herein, all defined terms shall have the same
meaning as those ascribed to them in the A.R.S., Title 41.
R7-2-1501.01 – Expanded qualified student definition
Notwithstanding A.R.S. § 15-2401 and R7-2-1501, beginning in the 2022-2023 school
year, unless the context otherwise requires, “Qualified Student” includes a resident of
this state who both:
1. Is eligible to enroll in a public school in this state in any of the following:
a. A preschool program for children with disabilities,
b. A kindergarten program, or
c.
ident of
this state who both:
1. Is eligible to enroll in a public school in this state in any of the following:
a. A preschool program for children with disabilities,
b. A kindergarten program, or
c. Any of grades 1 through 12.
2. Does not otherwise qualify for an Arizona Empowerment Scholarship Account
pursuant to this Article.
ocument. A notice or decision containing an
appealable action issued by the Board or the Department pursuant to this Article is
served on a party as follows:
1. On the date it is personally served,
2. Five days after it is mailed by first class mail, or
3. On the date of the return receipt if it is mailed by certified mail.
R7-2-1503 – Department responsibilities
The Department shall:
1. On or before March 1 of each year, provide the Board with a handbook, developed in
consultation with parents of children on the Program, that includes information
relating to policies and processes of ESAs and complies with A.R.S. § 15-2401 et seq
and this Article. The Board shall adopt the handbook on or before May 1 of each year.
The Board shall limit substantive changes to the handbook to once every three
years. The Board may approve changes to the handbook more frequently than every
three years to conform and comply with changes to statute or this Article or at the
Board’s discretion. The handbook shall be posted on the Department’s website and
distributed to parents and shall clearly identify changes from the prior version, and
Empowerment Scholarship Account | 2025-2026 Parent Handbook
85
R7-2-1502 – General provisions
A. This Section is adopted pursuant to A.R.S. § 15-2403.
B. The Department and the Treasurer shall administer and provide general supervision
and oversight of the Program pursuant to A.R.S. § 15-2401 et seq and this Article.
C. The Department and the Board shall include intermediate Saturday, Sundays, and
legal holidays when computing days under this Article. If the final day of a deadline
established pursuant to this Article falls on a Saturday, Sunday or legal holiday, the
next business day is the final day of the deadline.
D. Unless otherwise specified, the Department shall serve a notice or decision that
removes a parent from the Program, through personal delivery, first class mail, or
certified mail to the parent’s last address with the Department, and also by any other
method or methods that are reasonably determined to give actual notice to the
parent, including electronic mail, text message, phone call, or through an online
portal. Each parent shall provide the Department with the parent’s mailing address,
home address, phone number and email and shall inform the Department of any
change of mailing address, home address, phone number or email within 30 days of
the change. For all other communications that do not contain notice of removal from
the Program, the Board and the Department may communicate through any method
or methods, including first class mail, certified mail, electronic mail, text message,
phone call or through an online portal.
E. A document is filed with the Board or the Department on the date it is received by
the Board or the Department, as established by the Board’s or the Department’s
date stamp on the face of the document. A notice or decision containing an
appealable action issued by the Board or the Department pursuant to this Article is
served on a party as follows:
1. On the date it is personally served,
2.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
86
include the date and time the new handbook was changed;
a. the yearly handbook, when adopted, shall become effective July 1st of each
fiscal year.
b. If the yearly handbook is adopted after July 1st, the newly adopted handbook
would become effective immediately following adoption.
2. Establish a dedicated call center for exclusive use for the ESA Program that works in
conjunction with the Exceptional Student Services division of the Department or its
successor division. Subject to review and approval by the Board, the Department
may contract with a third party to operate the call center;
3. Implement customer service performance management policies, procedures, and
metrics;
4. Provide training to parents who use the private financial management firm
contracted to assist with financial management of the program;
5. Provide a quarterly report to the Board on the ESA Program, including:
a. The number of students in the program disaggregated by eligibility, grade level
and the school district or charter school associated with each student;
i. The total number of special needs students by grade level,
ii. The number of special needs students by disability category, and
b. The annual award amount associated with each student;
c. The number of ESA applications received, approved and denied in the
preceding quarter, including the justification for the denied applications;
d. The number of applications processed within 30 days of receipt and the
number of administratively incomplete applications. Provide the reasons the
administratively incomplete applications were not approved
e. A summary of any parent input or feedback collected pursuant to R7-2-
1503(6) and how the Department is responding to concerns submitted as part
of the process;
f. Information on the private financial management firm contracted to assist
with financial management of the Program, including:
i.
artment is responding to concerns submitted as part
of the process;
f. Information on the private financial management firm contracted to assist
with financial management of the Program, including:
i. The number and eligibility type of accounts utilizing the firm,
ii. The number of providers and vendors on the firm’s platform,
iii. Communications and training provided to parents,
iv. Concerns from parents submitted to the Department, the Treasurer
and the private financial management firm and how the Department,
Treasurer and private financial management firm are addressing the
Empowerment Scholarship Account | 2025-2026 Parent Handbook
87
concerns, and
g. Information regarding appeals filed with the Board that were resolved prior to
a hearing;
h. Information related to the audits completed, including:
i. scope of the audit(s),
ii. data and narratives on audit findings from the Quarter,
iii. data and narratives of finding outcomes from the Quarter, and
i. Summary of all outages within the Department, private financial management
firm, Department of Treasury, GAO, ADOA, etc. that cause a delay of the ESA
program s
j. Information related to MCC Codes, including:
i. Cumulative list of all MCC code expansions requested and specific
reason for each denial,
ii. Cumulative list of all MCC code expansions and exceptions granted
by the Department, and
k. Data related reimbursement submissions, including:
i. The average number of days it takes a reimbursement submission to be
assigned to a Department staffer,
ii. The average number of days it takes a reimbursement submission
to be reviewed by a Department staffer,
iii. The average number of days it takes a reimbursements submission
to be approved by a Department staffer, and
l. Provide data related to Help Desk Tickets, including:
i. The quantity of help desk tickets not responded to within three
business days,
ii. The quantity of help desk tickets prematurely closed and reopened,
and
m. Provide data related to the escalation of Help Desk Tickets, including:
i. The quantity of escalated helpdesk tickets by category type,
ii. The average number of days to resolution,
iii. A summary of resolutions, and
n. Provide updates on the bidding process for all eligible Department contracts,
including
ctive applicants on eligibility.
C. The Department shall enroll and issue an award letter to eligible applicants within 30
days after receipt of a completed application and all required documentation. The
award letter shall include information on how to activate the account and the amount
of ESA funding the student will receive.
D. Within 30 days of issuing the award letter, the Department shall issue the contract to
eligible applicants.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
88
i. A.R.S. §15-2403(A): The treasurer may contract with private financial
management firms to manage Arizona empowerment scholarship
accounts,
ii. A.R.S. §15-2403(B): The Department shall conduct or contract for
annual audits of Arizona empowerment scholarship accounts to ensure
compliance with section § 15-2402, subsection B, paragraph 4,
iii. A.R.S. §15-2403(B): The Department shall also conduct or contract for
random, quarterly and annual audits of Arizona empowerment
scholarship accounts as needed to ensure compliance with section §
15-2402, subsection B, paragraph 4,
iv. A.R.S. §15-2403(J): The Department shall contract with an
independent third party for the purposes of determining whether a
qualified student is eligible to receive educational therapies or services
pursuant to section § 15-2402, subsection B, paragraph 4, subdivision
(c),
v. R7-2-1503(2): Subject to review and approval by the Board, the
Department may contract with a third party to operate the call center,
vi. Any other eligible Department contracts, and
o. The date of the most recent update to the online database of approved
expenses and disallowed expenses. A summarization of the changes made;
p. An approximation of the most common award amount. Provide the
method(s) and formula(s) utilized to calculate award amounts; and
q. Any other information the Board requests.
6. Establish and provide to the Board a process to collect parent input and feedback
regarding the Program.
R7-2-1504 – Application and account activation
A. The Department shall accept applications to participate in the Program between July
1 and June 30 of each year.
B. The Department shall provide information for prospective applicants on eligibility.
C. The Department shall enroll and issue an award letter to eligible applicants within 30
days after receipt of a completed application and all required documentation.
his 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;
Empowerment Scholarship Account | 2025-2026 Parent Handbook
89
E. Prior to issuing a notice of a denied application, the Department shall provide notice
describing the administrative or substantive incompleteness of the application and
provide the applicant 30 days to provide the missing documentation or information.
The Department shall include the justification for the denial and, if the application
was substantively incomplete, the Department shall include the applicant’s right to
appeal.
F. Pursuant to R7-2-1511, a person who has had an application denied due to being
substantively incomplete may file a written request for a hearing within 30 days after
being served the notice of denial. Administratively incomplete applications are not
appealable.
G. If the Board finds in favor of a parent who appealed a denied application, the
Department shall expedite the contract and funding to the parent to the extent
possible.
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.
scribed 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
Empowerment Scholarship Account | 2025-2026 Parent Handbook
90
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
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.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
91
be denied based solely on the age of the evaluation.
R7-2-1506 – Contract renewal
A. A parent is eligible to renew an ESA if:
1. Pursuant to R7-2-1508, the parent submitted expenses and documentation or
submitted quarterly attestations;
2. If required, the Department approved expenses pursuant to R7-2-1508;
3. The parent spent monies to provide an education in at least reading, grammar,
mathematics, social studies, and science for the contract year pursuant to R7-
2-1505(A)(1); and
4. The parent does not owe the Department monies for disallowed expenses. A
parent remains eligible to renew an ESA if the parent has an unresolved
appeal regarding a disallowed expense.
B. A student with a disability as defined 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), may continue on the Program until the end of the school year in which the
student reaches the age of 22, if the student or the parent provides documentation to
the Department that demonstrates the student has not finished high school.
C. A parent shall renew ESAs on an annual basis as follows:
1. The Department shall provide renewal contracts on or before May 1 to each
parent who meets R7-2-1506(A) of this Section;
2. Each parent shall submit the renewal contract to the Department on or before
June 30; and
3. Within 30 days of receipt, the Department shall notify each parent of the
renewal of the contract. The Department may provide notification through an
online portal.
D. If a parent does not submit a renewal contract pursuant to R7-2-1506(C), the
Department shall temporarily close the account and cease funding to the ESA until
the parent submits the appropriate signed renewal contract.
ot submit a renewal contract pursuant to R7-2-1506(C), the
Department shall temporarily close the account and cease funding to the ESA until
the parent submits the appropriate signed renewal contract. During the temporary
closure, funding shall remain in the account until the parent signs the appropriate
renewal contract in a format provided by the Department or the Department closes
the ESA pursuant to R7-2-1506(E).
E. After an ESA has been temporarily closed for non-renewal pursuant to R7-2-1506(D),
a parent may submit the appropriate signed renewal contract in a format provided by
the Department to reactivate the ESA. If a parent does not submit a renewal contract
for a period of three academic years, the Department shall provide notice through
Empowerment Scholarship Account | 2025-2026 Parent Handbook
92
certified mail, email and telephone, if applicable, that the ESA will be closed. To renew
the ESA, the parent shall submit a renewal contract within 60 days of receipt of the
notification. If the parent does not submit a renewal contract within 60 days, the
Department shall close the ESA and return any remaining monies in the ESA to the
state general fund. Notwithstanding R7-2-1506(C)(1) and (2), a parent may submit
the appropriate signed renewal contract between July 1 and June 30 for the
purposes of this subsection.
F. Notwithstanding R7-2-1506(E), on the qualified student’s graduation from a
postsecondary institution or after any period of four consecutive years after high
school graduation in which the student is not enrolled in an eligible postsecondary
institution, but not before this time as long as the account holder continues using a
portion of account monies for eligible expenses each year and is in good standing,
the qualified student’s Arizona empowerment scholarship account shall be closed
and any remaining monies shall be returned to the state general fund.
G. Pursuant to R7-2-1511, a parent whose contract was not renewed by the
Department may file a written request for a hearing within 30 days after being served
the notice of the non-renewal.
H. At the written request of a parent, the Department shall extend the renewal contract
timeframe for up to 30 days from the deadline prescribed in this Section if the parent
demonstrates hardship, including an act of God or similar circumstance that
prevented the parent from responding by the deadline.
R7-2-1507 – Use of funds
A. The Department shall establish and maintain a database of approved expenses and
disallowed expenses for the current and upcoming fiscal years pursuant to A.R.S. §
15-2401 et seq, and this Article.
A. The Department shall establish and maintain a database of approved expenses and
disallowed expenses for the current and upcoming fiscal years pursuant to A.R.S. §
15-2401 et seq, and this Article. The Department shall make the database available
to parents online and disaggregate the approved expenses by eligibility category.
B. The Department shall establish a process to review an expense before making an
administrative decision to deny the expense. The Department shall provide a copy of
the process to the Board and include the process in the handbook adopted pursuant
to R7-2-1503.
C. The Department shall not request repayment for an expense it has approved for a
specific ESA. The Department shall treat similar expenditures by similarly situated
account holders in the same manner. This Section does not create authorization for
an account holder to expend funds in a manner not permitted by statute.
D. The Department shall consider all account holder requests for MCC Code
expansions. Any MCC code exceptions granted to one parent, shall be extended to
all parents within 5 business days.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
93
E. Pursuant to R7-2-1511, a parent who has had an expense disallowed by the
Department may file a written request for a hearing within 30 days after being served
the notice of the disallowed expense.
R7-2-1508 – Review of expenses
A. The Department may conduct or contract for random or annual audits as needed to
ensure monies are used only for expenses that were approved or allowed at the time
the expense was made. The Department shall use record retention requirements
that were in place at the time the expense was made to determine compliance. The
Department may only audit account activity from the last two fiscal years, including
the current fiscal year.
B. The Department shall provide annual notice to each parent of when and how the
Department will conduct reviews of expenses and audits. The notice may be
provided in the handbook adopted pursuant to R7-2-1503. Notwithstanding any
other Section, the Department may review expenses less frequently using a risk-
based approach, if the Department provides notice to parents and the Board
pursuant to this Section.
C. Parents shall submit expenses that shall include, but are not limited to, the following:
1. Invoices for each vendor, individual or product;
2. Invoices for private schools, which shall include the following:
a. The name of the qualified student,
b. The name of the private school,
c. The transaction date,
d. Tuition or fee amounts, and
e. Total charged to the card, and for reimbursements, proof of method of
payment;
3. Invoices for tutors, paraprofessionals, service type or therapists which shall
include:
a. Name of the qualified student,
b. The name of one of the following: the vendor, facility, therapist or tutor,
c. A description of the services,
d. The transaction date,
e. The rate amounts,
f. Any processing fees, and
tment may
remove a parent from the Program for failing to submit required debit card
transaction expense receipts or failing to correct the deficiencies of a debit card
transaction expense receipt.
I. Pursuant to R7-2-1511, a parent that has been removed from the Program may file a
written request for a hearing within 30 days after being served the notice of removal.
Except in cases in which the Board has found misuse of funds or fraud pursuant to
R7-2-1509, the Department shall not withhold funding to one qualified student’s ESA
due to deficiencies in the expense reporting of a sibling’s account.
J. At the written request of a parent, the Department shall extend the deadlines
prescribed in R7- 2-1508(D) for up to 30 days from the deadlines prescribed in
Empowerment Scholarship Account | 2025-2026 Parent Handbook
94
g. Total charged to the card, and for reimbursements, proof of method of
payment.
D. For debit card transactions, a parent shall submit all debit card transaction expense
receipts to the Department as follows:
1. On or before October 31 for quarter one,
2. On or before January 31 for quarter two,
3. On or before April 30 for quarter three, and
4. On or before July 31 for quarter four.
E. The Department shall review and approve expenses and make its next quarterly
disbursement of funds within 30 days of the deadlines prescribed in R7-2-1508(D).
F. On receipt and approval of debit card transaction expense receipts or
reimbursements, the Department shall notify the parent through electronic mail or
through an online portal. The Department shall not withhold funds for a subsequent
quarter if it fails to review expenses, debit card transaction expense receipts or
reimbursements within 30 days of the deadline. A parent may submit corrected debit
card transaction expense receipts any time prior to the quarterly submission
deadline.
G. If a parent fails to submit debit card transaction expense receipts, if required, by the
deadlines prescribed in R7-2-1508(D) or submits incomplete debit card transaction
expense receipts or reimbursements, the Department shall:
1. Serve notice to the parent of the deficiencies,
2. Provide the parent 15 days from the date of receipt of the notice to submit
complete debit card transaction expense receipts or reimbursements, and
3. Review debit card transaction expense receipts or reimbursements submitted
pursuant to this subsection within five days of receipt from the parent.
H. Following the 15 day period provided in R7-2-1508(G)(2), the Department may
remove a parent from the Program for failing to submit required debit card
transaction expense receipts or failing to correct the deficiencies of a debit card
transaction expense receipt.
I.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
95
this Section if the parent demonstrates hardship, including an act of God or
similar circumstance that prevented the parent from responding by the deadline.
K. If a parent does not make any expenses in a quarter, the parent shall submit attest
to that fact in a format provided by the Department.
R7-2-1509 – Misuse of funds
A. Based on a finding that a parent knowingly misuses funds, the Department shall
temporarily suspend the account and provide notice to the parent. The notice shall:
1. Include the reason for the temporary suspension and a detailed description of
the disallowed expense; and
2. Provide the parent 15 days, not including weekends, to either:
a. Present documentation that demonstrates the expense is allowable or
that the parent was victim to identity theft or fraud; or
b. Agree to repay the amount.
B. The Department shall review the documentation submitted pursuant to R7-2-
1509(A)(2)(a) within five days of receipt to determine if the expense is allowable or if
the parent was victim to identity theft or fraud. If the Department determines the
expense is allowable or that the parent was victim to identity theft or fraud, the
Department shall lift the temporary suspension, reinstate the account and make any
disbursements that were withheld during the suspension.
C. If the Department determines the documentation fails to demonstrate the expense is
allowable or that the parent was victim to identity theft or fraud, the Department shall
provide notification to the parent that the amount must be repaid. The Department
shall withhold the disbursement of any additional ESA funds until repayment is made.
The Department may agree to a gradual repayment plans at the request of the
parent and shall reinstate additional ESA funding once repayment has begun. The
Department may remove a parent from the Program that fails to repay an amount or
agree to a repayment plan.
D.
st of the
parent and shall reinstate additional ESA funding once repayment has begun. The
Department may remove a parent from the Program that fails to repay an amount or
agree to a repayment plan.
D. Once a parent agrees to a gradual repayment plan or repays an amount pursuant to
R7-2- 1509(A)(2)(b) or R7-2-1509(C), the Department shall lift the temporary
suspension, reinstate the account and make any disbursements that were withheld
during the suspension as follows:
1. Within one day, if the repayment is made by cashier’s check or money order;
or
2. Within seven days, if repayment is made by personal check.
E. Except in cases which the Attorney General determines that a parent or account
Empowerment Scholarship Account | 2025-2026 Parent Handbook
96
holder has committed fraud, any expenditure from an Arizona Empowerment
Scholarship Account for a purchase that is deemed ineligible pursuant to A.R.S. § 15-
2402 and that is subsequently repaid by the parent or account holder shall be
credited back to the Arizona Empowerment Scholarship Account balance within 30
days after the receipt of payment.
F. Pursuant to R7-2-1511, a parent who has been removed from the Program pursuant
to this Section may file a written request for a hearing within 30 days after being
served the notice of removal.
G. The Department shall refer a case to the Board if a parent does not file an appeal
pursuant to R7-2-1511 and either:
1. Fails to repay the amount of a disallowed expense, or
2. Fails to make a payment on a gradual repayment plan.
H. On a finding of misuse of monies, the Board may refer the case to the Attorney
General who may bring an action to recover the monies. Upon obtaining evidence of
fraudulent use of an account, the Board may refer the case to the Attorney General
for the purpose of a criminal investigation.
I. A parent or qualified student is not eligible to enroll a qualified student in the ESA
Program if that parent was an account holder on an account that was referred to the
Attorney General for misuse of monies unless the parent’s expense was
subsequently found to be allowable or the parent was the victim of identity theft or
fraud.
J. If a parent commits fraud, the Department shall withhold funds from all accounts in the
parent’s name and close the accounts.
R7-2-1510 – Corrective action
A. Except for misuse of funds or failing to submit debit card transaction expense receipts
pursuant to R7-2-1508, if the Department finds that a parent violated A.R.S. § 15-
2401 et seq, this Article or the terms and conditions set forth by the Department in
the contract signed by the parent, the Department shall:
1. Temporarily suspend the account;
2.
olated A.R.S. § 15-
2401 et seq, this Article or the terms and conditions set forth by the Department in
the contract signed by the parent, the Department shall:
1. Temporarily suspend the account;
2. Provide notice to the parent of the violation, including an explanation of the
violation; and
3. Provide the parent 15 days to correct the violation.
B. The Department may remove a parent or qualified student from the Program for
failing to correct a violation pursuant to this Section.
C. Pursuant to R7-2-1511, a parent or qualified student who has been removed from the
.
d. The executive director or the executive director’s designee shall provide
the parent and the Department with a written copy of the stay
determination including the basis for the determination.
C. Notwithstanding any other Section, the Department may, with the agreement of the
account holder on the resolution, informally resolve a disputed administrative action
at any time without a formal appeal pursuant to this Article.
D. The Department, on its website and in the parent handbook, shall provide
information on the Board’s appeals process.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
97
Program pursuant to this Section may file a written request for a hearing within 30
days after being served the notice of removal.
R7-2-1511 – Appeals
A. A parent may appeal to the Board any administrative decision the Department makes
pursuant to A.R.S. Title 15, Chapter 19, Article 1, including determinations of
allowable expenses, removal from the Program or enrollment eligibility.
B. Stay
1. Pending the resolution of an appeal during which an account is suspended, a
parent may request a stay on the account suspension.
a. Included in the request for a hearing filed pursuant to R7-2-1511(F), a
parent may file a request to the Board to stay an account suspension.
Such request shall be in writing and shall address the matters stated in
the Department’s notice in R7-2-1511(E).
b. The Department may file a response to the parent’s request to stay the
suspension of the account. Such response shall be filed with the Board
within five business days of receipt of the parent’s request to stay the
suspension. Such response shall be in writing and shall address the
matters stated in the parent’s request.
c. Within 10 business days after receipt of the Department’s response,
the executive director of the Board or the executive director’s designee
shall make a written determination to either:
i. Proceed with suspension of the account, or
ii. Stay all or part of the suspension of the account if there is a
reasonable probability that the appeal will be upheld or that the
stay is in the best interest of the State. If a stay is issued, the
Department may not withhold funding or contract renewal for the
account holder on account of the appealed administrative
decision during the stay unless directed by the Board to do so.
d. The executive director or the executive director’s designee shall provide
the parent and the Department with a written copy of the stay
determination including the basis for the determination.
C.
Board shall provide all parties with a written notice at least 20 days prior to the
date set for the hearing. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A statement of the legal authority and jurisdiction under which the hearing is
to be held;
3. A reference to the particular sections of the statutes and rules involved; and
4. A short and plain statement of the matters asserted. If a party is unable to
Empowerment Scholarship Account | 2025-2026 Parent Handbook
98
E. The Department shall provide parents with written notice of an appealable action
taken by the Department. Such written notice shall inform the parents of his/her right
to request a hearing on the action and shall include the following:
1. The statute or rule that is alleged to have been violated or on which the action
is based;
2. Identify, with reasonable particularity, the nature of any alleged violation or
action;
3. Include a description of the parent’s right to request a hearing on the
appealable agency action; and
4. Include a description of the parent’s right to request an informal settlement
conference.
F. Within 30 days after being served with notice of an appealable action, a parent may
file a request for a hearing. The notice must be in writing and shall state the
following:
1. The identity of the party requesting the hearing,
2. The mailing address of the party requesting the hearing,
3. The agency that rendered the decision related to the appealable action,
4. Identification of the action being appealed,
5. A concise statement of the reasons for the request for hearing,
6. A copy of the administrative decision issued by the Department, and
7. Any other information or documentation requested by the Board applicable to
the appeal process.
G. If good cause is submitted, the Board may accept a request for a hearing that is not
filed in a timely manner. Such request must be made in writing and state the basis
for not filing the request on time.
H. If a parent requests a hearing pursuant to R7-2-1511(F) and includes all of the items
listed in R7-2-1511(F)(1) through (7), the Board shall schedule a hearing.
I. The Board shall provide all parties with a written notice at least 20 days prior to the
date set for the hearing. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2.
Empowerment Scholarship Account | 2025-2026 Parent Handbook
99
state the matters in detail at the time the notice is served, the initial notice
may be limited to a statement of the issues involved. Thereafter upon
application a more definite and detailed statement shall be furnished.
J. All notices shall be served via personal delivery or certified mail, return receipt
requested or by any other method reasonably calculated to effect actual notice on the
agency and all parties to the action at each party’s last address of record.
K. A hearing on the appealable action shall be held after a complete appeal is filed and
may be advanced or delayed on the agreement of the parties or on a showing of
good cause.
L. Informal Settlement Conference
1. A parent may request an informal settlement conference be held with the
Department. The request shall be in writing and shall be filed with the
Department, and a copy provided to the Board, no later than 10 days after the
Board provides notice that the appeal is complete. The Department shall hold
an informal settlement conference within seven days after receiving the
request. The Department shall notify the Board of the result of the informal
settlement conference within five days of the conclusion of the informal
settlement conference or prior to the hearing date, whichever is first. The
request for an informal settlement conference does not alter the date the
hearing is to be held.
2. If an informal settlement conference is held, a person with the authority to act
on behalf of the Department must represent the Department at the
conference. The Department representative shall notify the parent in writing
that statements, either written or oral, made at the conference, including a
written document, created or expressed solely for the purpose of settlement
negotiations are inadmissible in any subsequent administrative hearing.
M. Informal disposition may be made by stipulation, agreed settlement, consent order or
default.
N.
or the purpose of settlement
negotiations are inadmissible in any subsequent administrative hearing.
M. Informal disposition may be made by stipulation, agreed settlement, consent order or
default.
N. Hearing Process
1. All hearings shall be conducted before a hearing officer pursuant to this
Section.
2. The parties to the appealable agency action have the right to be represented by
legal counsel or to proceed without counsel, to submit evidence and to cross-
examine witnesses.
a. Pursuant to A.R.S. § 15-2403(E), a parent may designate a
representative, not necessarily an attorney, before any hearing held
pursuant to this Section. Any designated representative who is not an
attorney admitted to practice may not charge for any services rendered
Empowerment Scholarship Account | 2025-2026 Parent Handbook
100
in connection with such a hearing.
b. The fact that a representative participated in the hearing or assisted the
account holder is not grounds for reversing any administrative decision
or order if the evidence supporting the decision or order is substantial,
reliable and probative.
3. The Board shall schedule a prehearing conference on request of any party. A
prehearing conference may be held for the following purposes:
a. Clarify or limit procedural, legal or factual issues;
b. Consider amendments to any pleading;
c. Identify and exchange lists of witnesses and exhibits intended to be
introduced at the hearing;
d. Obtain stipulations or rulings regarding testimony, exhibits, facts or law;
e. Schedule deadlines, hearing dates and locations if not previously set;
or
f. Allow the parties opportunity to discuss settlement.
4. The record in a contested case shall include:
a. All pleadings, motions and interlocutory rulings.
b. Evidence received or considered.
c. A statement of matters officially noticed.
d. Objections and offers of proof and rulings thereon.
e. Proposed findings of fact and conclusions of law and exceptions
thereto.
f. Any decision, opinion, recommendation or report of the hearing officer.
g. All staff memoranda, other than privileged communications, or data
submitted to the hearing officer in connection with its consideration of
the case.
5. Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.
6. A participant of record shall not communicate, either directly or indirectly,
with the Hearing Officer about any substantive issue in a pending matter
unless:
a. All participants of record are present;
b. Communication is during a scheduled proceeding, where an absent
Empowerment Scholarship Account | 2025-2026 Parent Handbook
101
participant of record fails to appeal after proper notice; or
c. Communication is by written motion with copies to all participants of
record.
7. The Hearing Officer may postpone, continue, or cancel a hearing for good
cause upon the written request of either party. The participant of record must
establish good cause for the written request.
8. For good cause shown, the hearing officer may grant continuances and
extensions of time for filing notices or other documents.
9. The Hearing Officer may direct a party to submit additional memorandum or
information within a reasonable period of time. The Hearing Officer shall grant
the opposing party a reasonable period of time to respond to the additional
memorandum or information.
10. Upon written request, any party may request an opportunity to compare a
document copy with the original. The Hearing Officer may grant the request if
the record establishes good cause.
B. Conduct of Hearing
1. All hearings shall be recorded. The Board shall secure either a court reporter
or an electronic means of producing a clear and accurate record of the
proceeding.
2. A hearing may be conducted in an informal manner and without adherence to
the rules of evidence required in judicial proceedings. Neither the manner of
conducting the hearing nor the failure to adhere to the rules of evidence
required in judicial proceedings shall be grounds for reversing any
administrative decision or order if the evidence supporting the decision or
order is substantial, reliable and probative.
3. The parties may submit proposed findings of fact and conclusions of law prior
to the hearing. The hearing officer may require that the parties submit
proposed findings of fact and conclusions of law prior to the hearing or at the
close of evidence.
4.
d conclusions of law prior
to the hearing. The hearing officer may require that the parties submit
proposed findings of fact and conclusions of law prior to the hearing or at the
close of evidence.
4. All interested parties shall be ready and present with all witnesses and
documents at the time and place specified in the notice of hearing and shall
be prepared at such time to dispose of all issues and questions involved in the
appeal. An interested party shall arrange for the presence of that party’s
witnesses at a hearing.
5. If a party fails to appear at a hearing, the hearing body may proceed with the
presentation of the evidence of the appearing party.
6. The Hearing Officer conducting the hearing may close the hearing to other
Empowerment Scholarship Account | 2025-2026 Parent Handbook
102
than interested parties to the extent necessary to protect the interests and
rights of the interested parties, within the requirements of A.R.S. §§ 38-
431.01, and 38-431.03.
7. The Hearing Officer may conduct all or part of the hearing by telephone other
electronic means, as long as each party has an opportunity to participate in
the entire proceeding as it takes place.
8. Conduct at any hearing that is disruptive or shows contempt for the
proceeding shall be grounds for exclusion from further participation.
C. Evidence
1. All witnesses shall testify under oath or affirmation. The hearing officer shall
administer oaths and affirmations.
2. The hearing officer shall afford interested parties an opportunity either to
present oral or documentary evidence, or both, and to conduct such cross-
examination as may be required for a full and fair disclosure of the facts. The
hearing officer may limit the time of oral argument.
3. The hearing officer may choose to admit evidence, a witness’ deposition, or a
witness’ affidavit and determine evidentiary weight of all submitted evidence.
The party taking a witness’ deposition or affidavit shall bear all deposition-
related or affidavit-related costs. The hearing officer shall make rulings
necessary to prevent argumentative, repetitive, or irrelevant questioning, to
exclude evidence the hearing officer determines to be irrelevant, immaterial or
unduly repetitious, and to expedite the examination to the extent consistent
with the disclosure of all relevant testimony and information.
D. Stipulations. Parties to any contested case may stipulate, in writing, agreement upon
any matter involved in the proceeding. If approved by the hearing officer, agreement
on matters of procedure shall be binding upon the parties to the stipulation. No
substantive matter agreed to by the parties shall be binding upon the Board unless
incorporated into the decision of the Board.
E.
of procedure shall be binding upon the parties to the stipulation. No
substantive matter agreed to by the parties shall be binding upon the Board unless
incorporated into the decision of the Board.
E. Final Administrative Decision
1. The hearing officer shall issue a written recommendation within 20 days after
the hearing is concluded. The written recommendation shall contain a concise
explanation of the reasons supporting the recommendation, including the
findings of fact and conclusions of law.
2. The hearing officer shall serve a copy of the recommendation on the Board.
On request of the Board, the hearing officer shall also transmit to the Board
the record of the hearing as described in A.R.S. § 12-904.
3. At one of the following two regularly scheduled meetings of the Board after
Empowerment Scholarship Account | 2025-2026 Parent Handbook
103
the hearing officer sends a copy of the recommendation to the Board, the
Board may review the recommendation and accept, reject or modify it.
a. If the Board declines to review the hearing officer’s recommendation,
the Board shall serve a copy of the recommendation on all parties.
b. If the Board rejects or modifies the recommendation, the Board shall
serve on all parties, a copy of the hearing officer’s recommendation
with the rejection or modification and a written justification setting forth
the reasons for the rejection or modification of each finding of fact or
conclusion of law.
4. The Board shall provide all parties with at least 20 days written notice of the
date, time and location of the public meeting at which the Board will consider
the hearing officer’s recommendation.
F. Rehearing and review of decisions
1. A party may file a motion for rehearing or review within 10 days after service
of the final administrative decision. The motion shall be in writing and state
the basis upon which the rehearing or review is requested. The motion shall
be filed with the Board and a copy provided to the opposing party. When a
motion of rehearing is based on new evidence, the new evidence shall be
served to the Board with the written motion.
2. The opposing party may file a response to the motion for rehearing within 15
days after the date the motion for rehearing is filed. The response shall be in
writing and address the basis upon which the rehearing or review is requested.
The motion shall be filed with the Board and a copy provide to the moving
party.
3. A rehearing of a final administrative decision by the Board may be granted for
any of the following causes materially affecting the moving party’s rights:
a. Except as provided for in R7-2-1511(O)(2), irregularity in the
administrative proceedings of the hearing, or abuse of discretion,
whereby the moving party was deprived of a fair hearing;
b.
rights:
a. Except as provided for in R7-2-1511(O)(2), irregularity in the
administrative proceedings of the hearing, or abuse of discretion,
whereby the moving party was deprived of a fair hearing;
b. Misconduct of the hearing officer; or
c. Newly discovered materials which could not with reasonable diligence
have been discovered and produced at the hearing.
4. The filed motion shall be considered at one of the following two regularly
scheduled meetings of the Board.
5. Service is complete on personal service or five days after the date the final
administrative decision is mailed to the party’s last known address.
6. After a hearing has been held and a final administrative decision has been
entered a party is not required to file a motion for rehearing or review of the
Empowerment Scholarship Account | 2025-2026 Parent Handbook
104
decision in order to exhaust the party’s administrative remedies.
Arizona Administrative Code – ESA: https://azsbe.az.gov/sites/default/files/2023-
08/01-23-2023%2520ESA%2520RULES_1.pdf
AZ 85007
page 112
Empowerment Scholarship Account | 2025-2026 Parent Handbook
105
Agency Roles
Arizona
Department of
Education
1535 W. Jefferson
Street, Bin #41
Phoenix, AZ 85007
(602) 364-1969
www.azed.gov/esa
• Administers and manages the daily operations of the ESA program:
determining eligibility, determining allowed and unallowable purchases,
and determination of ESA termination. Issues administrative decisions
related to these decisions.
• Processes applications and issues contracts.
• Answers questions from stakeholders about the ESA program.
Troubleshoots roadblocks that account holders experience when applying
for the program, accessing the program, or leaving the program.
• Establishes standardized program protocols and processes that are
consistent with Arizona State Statute (law) and Arizona Administrative
Code (Rule). Seeks clarification from ADE legal counsel regarding any
instances regarding potentially problematic Statutes and Rules that are
considered contradictory, inconsistent, etc.
• Seeks and applies allowable program feedback from
stakeholders to updates and changes in Statute, Rule,
Handbook, and parties with which the program contracts, etc.
• Submits to the Board: quarterly reports, updates on the program,
and accounts being referred to the Auditor General Collections
and/ or Fraud Department.
• Submits a quarterly report to the Governor, the President of the
Senate, the Speaker of the House of Representatives, the
Director of the Joint Legislative Budget Committee and the
Director of the Governor's Office of Strategic Planning and
Budgeting.
Office of the Arizona
State Treasurer
https://www.aztreasury.
gov/
• As Arizona’s banker, completes requests from the Department
to fund and unload each individual ESA.
• Collaborates with the Department regarding third-party
contracts with vendors that service the ESA program.
Arizona State
Board of Education
1700 W.
Washington Street
Executive Tower,
Suite 300 Phoenix,
AZ 85007
(602) 542-5057
https://azsbe.az.gov/
esaf
y
contracts with vendors that service the ESA program.
Arizona State
Board of Education
1700 W.
Washington Street
Executive Tower,
Suite 300 Phoenix,
AZ 85007
(602) 542-5057
https://azsbe.az.gov/
esafeedback@azsbe.
az.gov
• Receives and processes ESA Appeals of Department
administrative decisions.
• Approves, writes, and updates the ESA Rules by collaborating with the
Department and stakeholders as changes to ESA laws are passed by the
state Legislature, to include adoption of updates made to the ESA Parent
Handbook due to Rule and Law changes.
• Provides the Department with clarifications regarding any Rule intent
inquiries.
• Evaluates ESA holder referrals made by the Department and sends
referrals to the Attorney General’s Office of Collections and/or Fraud.
Empowerment Scholarship Account Program
2025 – 2026 Parent Handbook
www.azed.gov/esa