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Senate Engrossed
child care; licensing; technical correction (now: ASDB; children with disabilities) |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1402 |
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An Act
amending sections 15-1301, 15-1302, 15-1341, 15-1342, 15-1343 and 15-1344, Arizona Revised Statutes; relating to education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-1301, Arizona Revised Statutes, is amended to read:
15-1301. Definitions
In this chapter, unless the context otherwise requires:
1. "Child with a disability" has the same meaning prescribed in section 15-761.
1. 2. "Employee classifications" means one of the following:
(a) Management and supervisory staff who are on a twelve month twelve-month schedule.
(b) Teachers, and credentialed and noncredentialed specialists, who are on an academic schedule.
(c) Clerical, accounting, and maintenance workers and others who are on a twelve month twelve-month schedule.
(d) Food service workers and bus drivers on an academic schedule.
2. 3. "Hearing impairment" means a hearing impairment as defined in section 15-761.
3. 4. "Schools" means the Arizona state schools for the deaf and the blind and includes programs and services offered for the deaf and the blind students by the schools in conjunction with other educational institutions.
4. 5. "Sensory impairment" means the following conditions, as defined in section 15-761:
(a) Visual impairment.
(b) Hearing impairment.
(c) Both a visual impairment and a hearing impairment.
(d) Multiple disabilities, if at least one of the disabilities is a visual impairment or a hearing impairment.
5. 6. "Visual impairment" means a visual impairment as defined in section 15-761.
Sec. 2. Section 15-1302, Arizona Revised Statutes, is amended to read:
15-1302. Arizona state schools for the deaf and the blind; provision of services
A. There shall be Arizona state schools for the deaf and the blind which that provide schools and regional programs in appropriate locations in this state.
B. The schools shall be for the education of sensory impaired persons, educate children with disabilities so that the persons educated there may become self-sustaining and useful citizens.
C. The schools shall be fully recognized as institutions for educational purposes.
D. The schools shall be optional resources to school districts, state institutions and other approved educational programs. Resource services shall include, but are not limited to, the following:
1. Assessments.
2. Special curriculum.
3. Equipment and materials.
4. Supplemental related services.
5. Special short-term programs.
6. Program planning and staff development.
7. Information services for parents, families and the public.
8. Research and development to promote improved educational programs and services.
9. PHYSICAL THERAPY.
10. OCCUPATIONAL THERAPY.
11. SPEECH THERAPY.
12. MOBILITY THERAPY.
E. The services prescribed in subsection D of this section shall not duplicate existing services and shall include a variety of methodology as may be requested by the school districts, state institutions and other approved educational programs, including but not limited to oral, auditory, total communication and cued speech.
Sec. 3. Section 15-1341, Arizona Revised Statutes, is amended to read:
15-1341. Instruction of pupils
A. The board of directors shall see ensure that all persons admitted to the school are taught and trained by methods which that are to in their best interests.
B. The board shall ensure the careful supervision of the care, education and development of pupils to insure ensure that the best care and education known to modern science is are given, as nearly as is practicable, and that the best methods of teaching the sensory impaired children with disabilities are used in the school.
C. The board shall give special attention to the methods of care, education and development of the persons admitted, with particular consideration of the humanitarian aspects of their education.
D. The board, if advisable in particular cases, may allow pupils to remain at the school during the entire year.
Sec. 4. Section 15-1342, Arizona Revised Statutes, is amended to read:
15-1342. Admissions
A. Chapter 7, article 4 of this title governs admissions to the school except as provided in this section. The evaluation and consideration of placement in the school shall be made under the direction of the chief administrative official of the home school district within the boundaries of which the child resides or a person designated by the official as responsible for special education after consultation with the parent, as defined in section 15-761, of the child. If a parent or legal guardian of a child directly refers a child to the Arizona state schools for the deaf and the blind, the schools shall immediately, after notification of the referral, contact the representative of the home school district within the boundaries of which the child resides. A representative of the home school district shall arrange for the establishment of a placement and evaluation team for that child.
B. A placement and evaluation team shall determine the appropriate educational placement for the child based on the development of an individualized education program. Placement and review of the individualized education program may be conducted at the same meeting. Each placement and evaluation team shall document that it has advised the child's parent or legal guardian of all placement options. The placement and evaluation team shall consist of at least the following persons:
1. The parent or legal guardian of the child.
2. A representative from the home school district in which the child resides who meets all of the following requirements:
(a) Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities.
(b) Is knowledgeable about the general education curriculum.
(c) Is knowledgeable about the availability of resources of the public agency.
3. A certified teacher of children with a sensory impairment disabilities who provides or may provide in the future educational services to the child.
4. An evaluator, with preference given to an evaluator who is trained and experienced in evaluating the educational needs of children with a sensory impairment disabilities. The evaluator may also be a member of the team pursuant to paragraph 2 or 6 of this subsection.
5. An educational representative of the Arizona state schools for the deaf and the blind. The educational representative may also be a member of the team pursuant to paragraph 3 of this subsection.
6. If the child is or will be participating in the regular educational environment, at least one regular education teacher.
7. If appropriate, the child with a disability.
C. The individualized education program plan of a child continuing in special education placement from the prior school year shall be reviewed annually and revised if necessary. The individualized planning conference shall include a representative of the home school district and a representative of the schools, the child's teacher, the parent, as defined in section 15-761, of the child and, if appropriate, the child.
D. The Arizona state schools for the deaf and the blind shall hold a placement meeting for a child who is enrolled in a campus-based model at least annually to review the child's placement status and shall invite a representative of the child's home school district. If a determination is made that the Arizona state schools for the deaf and the blind is no longer the least restrictive environment, the home school district shall enroll the child.
E. Except as provided in subsection G of this section, a representative for special education of the home school district shall place the child according to the recommendations of the individualized education program team.
F. A child who is placed in the school but moves from one school district or county to another may remain placed in the school until the next annual review. A representative of the child's new district of residence shall be included on the team conducting the review. The superintendent of the Arizona state schools for the deaf and the blind shall at least quarterly give the chief administrator administrative official of the school district notice of any changes in a child's residence and the new district of residence shall become the new home school district.
G. If the chief administrator administrative official of the home school district and the superintendent of the schools determine that the schools cannot provide the appropriate educational programs and services needed by the child, they shall locate or establish a program to meet the child's needs in consultation with the department of education and any other appropriate state agency. This subsection does not allow the schools to refuse to enroll a person who is entitled to an education in the schools pursuant to section 15-1343.
H. A complete record of every person admitted shall be kept from the date of the person's admission APPLICATION to the date of the person's discharge, release, removal, graduation or death. The records shall be accessible to the board or a legislative committee or on order of a judge of a court of record.
I. A political or religious belief shall not be required as a qualification of any student of the schools.
Sec. 5. Section 15-1343, Arizona Revised Statutes, is amended to read:
15-1343. Persons entitled to education
A. A person is entitled to an education in the schools for the deaf and the blind without charge if the person is a resident of this state, age is three through twenty-one years of age and sensory impaired has at least one of the disabilities prescribed in section 15-761, paragraph 2 to an extent that he the person cannot acquire an appropriate education in the person's school district of residence.
B. The school district of residence that refers a pupil for admission to the schools shall determine that the pupil is a resident of this state or is otherwise eligible for an education without charge pursuant to sections 15-823 and 15-824.
Sec. 6. Section 15-1344, Arizona Revised Statutes, is amended to read:
15-1344. Authority for enrollment of children under three years of age; definition
A. The board of directors may enroll a child who is under the age of three years of age in the schools for the deaf and the blind without charge if the person having legal custody of the child is a resident of this state and the child is sensory impaired has at least one of the disabilities prescribed in section 15-761, paragraph 2 to an extent that the person child would benefit from a specialized program.
B. For the purposes of this section, the residence of the person having legal custody of the pupil child is considered the residence of the pupil child.
C. For the purposes of this section, "legal custody" means legal custody pursuant to section 15-824.