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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DPA/SE 11-0-0-1 |
HB 2621: public schools; special education; access
S/E: access; special education; public schools
Sponsor: Representative Gress, LD 4
Caucus & COW
Summary of the Strike-Everything Amendment to HB 2621
Overview
Establishes and clarifies special education evaluation procedures and requirements for pupils who reside in unorganized territory. Modifies statute relating to certificates of educational convenience (CECs), including application, enrollment and dispute resolution requirements.
History
Individuals with Disabilities Education Act (IDEA)
The IDEA is a federal law that makes available a free appropriate public education (FAPE) to eligible children with disabilities and ensures special education and related services to those children. Part B of the IDEA establishes requirements for the states regarding the provision of special education and related services to children with disabilities who are between the ages of 3 and 21 years old, including individualized education program (IEP) requirements. Part C of the IDEA authorizes a grant program to aid each state in implementing a system of early intervention services for infants and toddlers with disabilities, from birth through two years old. Part C also requires each state to implement Child Find activities to identify infants and toddlers who may be eligible for early intervention services. Under federal Child Find requirements, all children with disabilities who are in need of special education and related services must be identified, located and evaluated (20 U.S.C Ch. 33) (Congressional Research Service).
Child of a Parent on Active Military Duty
State law deems a child to comply with the residency requirements for school attendance in a local education agency (LEA) if the parent of the child is transferred to or is pending transfer to a military installation within Arizona while on active military duty pursuant to an official military order (active military duty parent). An LEA must accept an enrollment and course registration application for these children by electronic means. The active duty military parent must provide proof of residency to the LEA within 10 days after the arrival date provided on the official documentation using the address of: 1) a temporary on-base billeting facility; 2) a purchased or leased home or apartment; or 3) any federal government housing or off-base military housing (A.R.S. § 15-823.01).
CECs
Statute prescribes two types of CECs, commonly referred to as CEC-A and CEC-B. A pupil is eligible for a CEC-A if they: 1) are precluded by distance, lack of adequate transportation facilities or a parent's employment from attending a school district or county of the pupil's residence; or 2) reside in unorganized territory. A pupil who resides in unorganized territory may apply to their school district of attendance for a CEC or, if the pupil does not have a school district of attendance and seeks to apply for a CEC, the pupil's parent must enroll the pupil in a school via open enrollment and apply to that school district for a CEC. A school district that receives a completed CEC application must submit the application to the county school superintendent for approval.
A CEC-B requires the county school superintendent in which a pupil is placed to issue a CEC for the pupil to attend school in the school district or adjoining school district to that in which the pupil is placed by a state placing agency or a state or federal court if the pupil is placed in a: 1) state rehabilitation or corrective institution; 2) foster home, child care agency or state-licensed institution; 3) residential facility supported by the state; or 4) a residence pursuant to the Interstate Compact on Juveniles (A.R.S. §§ 15-825 and 15-1811).
Provisions
Pupils Residing in Unorganized Territory
1. Allows the parent of a pupil who resides in unorganized territory to contact an adjoining school district to request a Child Find screening, a special education evaluation or enrollment. (Sec. 1)
2. Makes a school district that is contacted by the parent of a pupil who resides in unorganized territory responsible for all Child Find activities for that pupil. (Sec. 1)
3. Asserts a school district is responsible for providing a FAPE to a pupil who is a child with a disability and who resides in unorganized territory if the pupil's parent contacts the school district to request enrollment. (Sec. 1)
4. Requires each program that provides early intervention services pursuant to Part C of the IDEA to pupils who reside in unorganized territories to initiate the process for transitioning the pupil from Part C to Part B of the IDEA by contacting the county school superintendent of the county in which the pupil resides when the pupil is between 30-32 months old. (Sec. 1)
5. Requires a county school superintendent, within five business days after a program contacts the county school superintendent, to:
a. assign an adjoining school district that is geographically closest to a pupil's residence to be responsible for conducting a full and individual initial evaluation of the pupil by the pupil's third birthday; and
b. notify the school district, program and pupil's parent of the assignment. (Sec. 1)
6. Specifies that if a school district that is assigned by a county school superintendent conducts an evaluation of a pupil and determines a pupil is eligible for special education and related services under Part B of the IDEA:
a. the pupil's parent may request enrollment of the pupil in the school district assigned by the county school superintendent or a different adjoining school district; and
b. on receipt of a request for enrollment, a school district must prepare a CEC application for the pupil and offer a FAPE to the pupil. (Sec. 1)
7. Allows, if a school district that is assigned by the county school superintendent conducts an evaluation of a pupil and determines a school-aged pupil is not eligible for special education and related services under Part B of the IDEA, the pupil's parent to request enrollment in any adjoining school district. (Sec. 1)
8. Declares a pupil who resides in an unorganized territory and who is parentally placed in a private school or attends a home school retains the rights:
a. established by the IDEA relating to state eligibility, including the rights to be identified, located and evaluated for eligibility under Part B of the IDEA; and
b. to equitable services under proportionate share funding. (Sec. 1)
9. Authorizes the parents of a pupil who resides in an unorganized territory, has been found to be eligible for special education or other related services under Part B of the IDEA and is either parentally placed in a private school or attends a homeschool to contact any one adjoining school district to request a:
a. Child Find evaluation; and
b. meeting to discuss equitable services and the development of a service plan. (Sec. 1)
10. Requires the Arizona Department of Education (ADE) to:
a. investigate any substantiated claims or complaints received that allege a person is violating the requirements relating to a pupil in unorganized territory; and
b. annually compile a report regarding investigations and any corrective actions taken in the immediately preceding year and post the report on its website. (Sec. 1)
CEC-A
11. Requires the parent of a pupil who resides in unorganized territory, who does not have a school district of attendance and who seeks to enroll in an Arizona public school to contact any school district adjoining the unorganized territory to request enrollment, rather than enroll the pupil in a school via open enrollment and apply to the school district for a CEC. (Sec. 4)
12. Specifies the parent may request enrollment of a pupil in an adjoining school district by:
a. submitting online enrollment paperwork to the school district;
b. attempting to enroll the pupil in person at a school district office or a school operated by the school district; or
c. requesting enrollment assistance in telephonic, electronic or in-person communication with the school district or school operated by the school district. (Sec. 4)
13. Directs a school district that receives a request for enrollment to submit a completed CEC application for the pupil to the county school superintendent within five business days after receiving the request. (Sec. 4)
CEC-B
14. Requires the parent of a pupil who is placed by a state placing agency or a state or federal court and who seeks to enroll in the school district or adjoining school district to that in which the pupil is placed to contact the school district to request enrollment. (Sec. 4)
15. Allows the parent of a pupil who is placed by a state placing agency or a state or federal court to request enrollment in an adjoining school district by:
a. submitting online enrollment paperwork to the school district;
b. attempting to enroll the pupil in person at a school district office or at a school operated by the school district; or
c. requesting enrollment assistance in telephonic, electronic or in-person communication with the school district or a school operated by the school district. (Sec. 4)
16. Declares a school district that receives a request for enrollment by the parent of a pupil who is placed by a state placing agency or a state or federal court:
a. must submit a completed CEC application to the county school superintendent electronically, in person or by regular mail within five business days after receiving the request and any required documentation; and
b. is responsible for all Child Find activities for the pupil and for providing a FAPE if the child is a child with a disability. (Sec. 4)
17. Requires, before FY 2028, each state placing agency to develop a form to attest that a pupil is placed in one of the prescribed statutory placements. (Sec. 4)
18. Requires a state placing agency, on request, to complete and submit the attestation form for the pupil and provide the completed form to the requesting party. (Sec. 4)
19. Allows the requesting party to submit the completed attestation form with a CEC application to the county school superintendent as evidence of the pupil's eligibility for a CEC. (Sec. 4)
20. Specifies that if a pupil who is placed by a state placing agency or a state or federal court is parentally placed in a private school or attends a homeschool, the pupil retains the rights:
a. established by the IDEA relating to state eligibility, including the rights to be identified, located and evaluated for eligibility under Part B of the IDEA; and
b. to equitable services under proportionate share funding. (Sec. 4)
21. Makes the school district or adjoining school district to that in which the pupil is placed responsible for identifying, locating and evaluating the pupil and for providing equitable services under proportionate share funding to the pupil. (Sec. 4)
CEC Requirements for County School Superintendents, School Districts and ADE
22. Declares enrollment is guaranteed for any pupil for whom a CEC is issued and is not subject to programmatic capacity limitations. (Sec. 4)
23. Requires each county school superintendent, within five business days after receiving a CEC application, to:
a. issue a CEC authorizing the pupil to attend a school district identified in the application and notify the school district and pupil's parent that the CEC has been issued; or
b. notify in writing the school district identified in the application and the pupil's parent that the county school superintendent is not issuing a CEC. (Sec. 4)
24. Specifies that if the county school superintendent does not issue a CEC, the notification must explain the reason why the CEC was declined and instructions for curing deficiencies in the application. (Sec. 4)
25. Directs each school district to:
a. include a CEC application form and instructions regarding supporting documentation with proof of residency documentation requirements in enrollment packets; and
b. post on its website:
i. the CEC application form and instructions regarding supporting documentation; and
ii. instructions for parents who elect to submit CEC applications to the county school superintendent. (Sec. 4)
26. Requires ADE to post on its website the reports received from county school superintendents regarding the CECs issued during the previous calendar year. (Sec. 4)
27. Requires ADE to develop and adopt a clear, written policy that identifies a process for prompt resolution of disputes between county school superintendents, parents and LEAs relating to:
a. CEC applications;
b. the provision of services required by statutes relating to CECs and special education for exceptional children;
c. funding for a pupil's education; and
d. denials or delays of CEC applications, provision of services or funding for a pupil's education. (Sec. 4)
28. Instructs ADE to ensure that:
a. any dispute arising under statute relating to CECs is decided within 10 business days after the dispute resolution process is initiated; and
b. a pupil is enrolled in an LEA and receives services required by statutes relating to CECs and special education for exceptional children while the dispute is pending. (Sec. 4)
29. Mandates ADE investigate any substantiated claims or complaints that ADE receives alleging that a person is violating statutes relating to CECs and pupils who reside in unorganized territory. (Sec. 4)
30. Requires ADE to:
a. annually compile a report regarding:
i. investigations of substantiated claims or complaints that allege a person is violating statutes relating to CECs and pupils who reside in unorganized territory;
ii. any corrective action taken in the immediately preceding year; and
b. post the report on its website. (Sec. 4)
Children of an Active Military Duty Parent
31. Declares a child complies with requirements for services or accommodations if the child's parent is transferred to or pending transfer to an Arizona military installation while on active military duty pursuant to an official military order. (Sec. 2)
32. Requires an LEA to accept an enrollment and course registration application by any means, including by a remote application, rather than only electronic means, for a child of an active military duty parent. (Sec. 2)
33. Adds an active military duty parent may use the address of temporary off-base lodging or other temporary housing as proof of residency when applying to enroll their child in an LEA. (Sec. 2)
34. Requires a school district that is notified that a child of an active military duty parent is receiving or might be eligible to receive services or accommodations to:
a. promptly coordinate with the child's parents and previous school to ensure the timely exchange of records and to reduce any delays in the:
i. child receiving comparable services or accommodations through the school district; or
ii. the implementation of an individualized family service plan, IEP or Section 504 plan;
b. accept unofficial records provided by the child's parent, pending validation by the official records; and
c. on enrollment of the child:
i. provide the child with services or accommodations comparable to those described in the child's previously approved IEP or Section 504 plan, in consultation with the child's parents, until the school district conducts an assessment or develops a new IEP, if appropriate; and
ii. either adopt and implement the child's previously approved IEP or develop, adopt and implement a new IEP within 30 calendar days after the child enrolls. (Sec. 2)
35. Requires ADE to post on its website information on the requirements relating to residency and services or accommodations for the child of an active military duty parent. (Sec. 2)
36. Defines services or accommodation. (Sec. 2)
Miscellaneous
37. Defines pertinent terms. (Sec. 1, 4)
38. Makes technical and conforming changes. (Sec. 2, 3, 4, 5, 6)
Amendments
Committee on Education
1. Modifies the definition of resident pupil, as it relates to open enrollment, to include a pupil who:
a. resides in an unorganized territory and whose residence adjoins a school district boundary;
b. resides in an unorganized territory and whose residence is located on tribal land; or
c. is placed by a state placing agency or a state or federal court.
d.
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g. Initials CH HB 2621
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