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REFERENCE TITLE: military children; special education; enrollment |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4048 |
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Introduced by Representative Kupper
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AN ACT
amending section 15-823.01, Arizona Revised Statutes; relating to school admission requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-823.01, Arizona Revised Statutes, is amended to read:
15-823.01. Admission of nonresident children; services or accommodations for children with disabilities; active military duty; posting requirement; definitions
A. Notwithstanding any other law, a pupil child complies with the residency requirements for school attendance in a local education agency or for services or accommodations if the parent of the pupil child is transferred to or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order.
B. A local education agency shall accept an application for enrollment and course registration by electronic any means, including by electronic means or a remote application, for a pupil who meets the requirements prescribed in subsection A of this section, including enrollment in a specific school or program within the local education agency.
C. The parent of a pupil child who meets the requirement prescribed in subsection A of this section shall provide proof of residence residency to the local education agency within ten days after the arrival date provided on official documentation. The parent may use the address of any of the following as proof of residence residency for the purposes of this subsection:
1. A temporary on-base billeting facility.
2. Temporary off-base lodging.
2. 3. A purchased or leased home or apartment.
3. 4. Any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture.
5. Any other temporary housing.
D. If a school district is notified that a child who meets the requirement prescribed in subsection A of this section is receiving or might be eligible to receive services or accommodations, the school district shall:
1. Promptly coordinate with the child's parents and the child's previous school, if any, pursuant to section 15-1911 to ensure the timely exchange of records and to reduce any delays in the child receiving comparable services or accommodations through the school district or delays in the implementation of an individualized family service plan, individualized education program or section 504 plan as defined in section 15-731.
2. accept unofficial records that are provided by the child's parent, pending validation by the official records, pursuant to section 15-1911, article IV, subsection A.
3. On enrollment of the child pursuant to subsection B of this section:
(a) Provide the child with services or accommodations that are comparable to the services or accommodations that are described in the child's previously approved individualized education program or section 504 plan as defined in section 15-731, in consultation with the child's parents, until the school district conducts an assessment or develops a new individualized education program, if appropriate.
(b) Either adopt and implement the child's previously approved individualized education program or develop, adopt and implement a new individualized education program for the child not later than thirty calendar days after the child enrolls in the school district.
E. The department of education shall post information on the requirements of this section, including requirements relating to eligibility and required documentation, on the department's website.
D. F. For the purposes of this section:
1. "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the national guard and the state military reserve on active duty orders.
2. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other installation under the jurisdiction of the United States department of defense or the United States coast guard.
3. "Services or accommodations" means any services or accommodations that are provided through a local education agency pursuant to the individuals with disabilities education act (p.l. 91-260; 84 stat. 175; 20 United States Code sections 1400 through 1482), section 504 of the rehabilitation act of 1973 (p.l. 93-112; 87 stat. 355; 29 United States Code section 794) or title II of the Americans with disabilities act of 1990 (p.l. 101-336; 104 stat. 327; 42 United States Code sections 12131 through 12165).