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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DPA/SE 11-0-0-1 | Third Read 51-0-8-0-1
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HB
2621: public schools; special education; access
NOW: access; special education; public schools
Sponsor: Representative Gress, LD 4
Senate Engrossed
Overview
Establishes special education evaluation procedures and requirements for pupils who reside in an unorganized territory. Modifies statute relating to certificates of educational convenience (CECs), including application, enrollment and dispute resolution requirements. Specifies services or accommodations requirements for the child of a parent on active military duty.
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).
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 an unorganized territory. A pupil who resides in an 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 county school superintendent must issue a CEC-B to a 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 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).
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).
Provisions
Pupils Residing in an Unorganized Territory
1. Allows the parent of a pupil who resides in an unorganized territory to request a Child Find screening, a special education evaluation or enrollment of the pupil in the adjoining school district that is geographically closest to the pupil's residence. (Sec. 1)
2. Makes a school district that receives a request from the parent of a pupil who resides in an unorganized territory responsible for all Child Find activities for that pupil. (Sec. 1)
3. Asserts a school district is responsible for providing a FAPE if the parent of a pupil who is a child with a disability and who resides in an unorganized territory requests enrollment of the child in the school district. (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 pupils from Part C to Part B of the IDEA at least 90 days before the pupil's third birthday by:
a. notifying the Arizona Department of Education (ADE); and
b. referring the pupil to the adjoining school district that is geographically closest to the pupil's residence for a Part B evaluation and transition. (Sec. 1)
5. Requires a program, if the program determines a pupil who resides in an unorganized territory is eligible for early intervention services pursuant to Part C of the IDEA more than 45 days but fewer than 90 days before the pupil's third birthday, to initiate the process for transitioning the pupil from Part C to Part B of the IDEA as soon as possible, consistent with federal law. (Sec. 1)
6. Specifies that if the adjoining school district that is geographically closest to the residence of a pupil who resides in an unorganized territory conducts a special education evaluation of a pupil and determines the pupil is eligible for special education and related services under Part B of the IDEA, the:
a. pupil's parent may request enrollment of the pupil in the school district at any time; and
b. school district must inform the pupil's parent that the parent may request enrollment of the pupil. (Sec. 1)
7. Instructs a school district, on receipt of a request for enrollment, to prepare a CEC application for the pupil and offer a FAPE to the pupil. (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. Makes the following school districts responsible for all Child Find activities and for conducting a special education evaluation for a pupil who resides in an unorganized territory and who is parentally placed in a private school or attends a homeschool:
a. if the pupil is parentally placed in a nonprofit private school located within a school district's boundaries, the school district in which the private school is located;
b. if the pupil is parentally placed in a nonprofit private school located in an unorganized territory, the adjoining school district that is geographically closest to the private school; or
c. if the pupil attends a homeschool or is parentally placed in a private school that is a not a nonprofit, the adjoining school district that is closest to the pupil's residence. (Sec. 1)
10. Allows a pupil's parent, if the pupil resides in an unorganized territory, is parentally placed in a private school or attends a homeschool and has been found to be eligible for special education or related services under Part B of the IDEA, to request from the responsible school district:
a. a Child Find evaluation; and
b. a meeting to discuss equitable services and the development of a service plan. (Sec. 1)
CEC-A
11. Directs 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 request enrollment of the pupil in the adjoining school district that is geographically closest to the pupil's residence, rather than enroll the pupil in a school via open enrollment and apply to the school district for a CEC-A, 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 a school operated by the school district. (Sec. 5)
12. Instructs a school district that receives a request for enrollment to submit a completed CEC-A application for the pupil to the county school superintendent within five business days after receiving the request and any required documentation, except that the school district may submit the application by regular mail only if the school district cannot electronically submit the application. (Sec. 5)
13. Prohibits a school district that receives a request for enrollment or a CEC-A application from delaying Child Find Activities, parental consent for a special education evaluation or IEP timelines under federal regulations because a CEC application is processing. (Sec. 5)
CEC-B
14. Instructs 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 request enrollment of the pupil 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. 5)
15. 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-B 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, except that the school district may submit the application by regular mail only if the school district cannot electronically submit the application;
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; and
c. may not delay Child Find activities, parental consent for a special education evaluation or evaluation timelines under federal regulations because a CEC-B application is processing. (Sec. 5)
16. 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. 5)
17. 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. 5)
18. Allows the requesting party to submit the completed attestation form with a CEC-B application to the county school superintendent as evidence of the pupil's eligibility for a CEC-B. (Sec. 5)
19. 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:
a. the pupil retains the rights:
i. 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
ii. to equitable services under proportionate share funding; and
b. the school district in which the pupil is placed is responsible for:
i. identifying, locating and evaluating the pupil; and
ii. providing equitable services under proportionate share funding. (Sec. 5)
Other CEC Requirements
20. Declares enrollment is guaranteed for any pupil for whom a CEC is issued and is not subject to programmatic capacity limitations. (Sec. 5)
21. Clarifies that the CEC statutes do not preclude a pupil, pupil's parent, state placing agency, pupil's legal representative or any other interested party from submitting a CEC application to the county school superintendent. (Sec. 5)
22. Requires each county school superintendent, within five business days after receiving a CEC application, to:
a. issue a CEC authorizing the pupil to attend the 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. 5)
23. 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. 5)
24. Requires each county school superintendent, before FY 2028, to develop and make publicly available a CEC application form and instructions for submitting the CEC application form. (Sec. 5)
25. Allows a county school superintendent to develop an online CEC application portal if the portal allows any person to submit a CEC application through the portal. (Sec. 5)
26. Directs each school district that adjoins an unorganized territory 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 supporting documentation instructions; and
ii. instructions for parents who elect to submit CEC applications to the county school superintendent. (Sec. 5)
27. Requires ADE to post on its website the reports received from county school superintendents regarding the CECs issued during the previous calendar year. (Sec. 5)
28. Requires ADE to develop and adopt a clear, written policy that identifies a supplemental process for prompt resolution of disputes between county school superintendents, parents and LEAs relating to:
a. CEC applications for enrollment of pupils;
b. the provision of services required by statutes relating to CECs and special education for exceptional children;
c. funding for a pupil's education according to the CEC statutes; and
d. denials or delays of any of the aforementioned topics. (Sec. 5)
29. Requires 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;
b. a pupil is enrolled in a school district and receives services required by statutes relating to CECs and special education for exceptional children while the dispute is pending; and
c. the dispute resolution process does not limit or delay a pupil's or parent's access to the state complaint process or due process procedures under the IDEA. (Sec. 5)
30. Instructs ADE to:
a. investigate any complaints that ADE receives alleging that a political subdivision or agency is violating statutes relating to CECs and pupils who reside in an unorganized territory;
b. annually compile a report regarding the aforementioned investigations and any corrective action taken in the immediately preceding year; and
c. post the report on its website. (Sec. 5
Children of an Active Military Duty Parent
31. Declares a child complies with residency requirements for services or accommodations if the child's parent is transferred to or is pending transfer to an Arizona military installation while on active military duty pursuant to an official military order. (Sec. 3)
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. 3)
33. Adds that an active military duty parent may use the address of temporary off-base lodging or any other temporary housing as proof of residency when applying to enroll their child in an LEA. (Sec. 3)
34. Requires a school district that is notified that a child of an active military duty parent who meets the prescribed residency requirements 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. 3)
35. Requires ADE to post on its website information on the requirements relating to residency and services or accommodations, including requirements relating to eligibility and required documentation, for the child of an active military duty parent. (Sec. 3)
Miscellaneous
36. 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. (Sec. 2)
37. Defines pertinent terms. (Sec. 1, 3, 5)
38. Makes technical and conforming changes. (Sec. 3, 4, 5, 6, 7, 8)
Senate Amendments
1. Allows, rather than 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 a public school to enroll the pupil in a school via open enrollment or request enrollment of the pupil in the adjoining school district that is geographically closest to the pupil's residence as prescribed.
2. Specifies a pupil who resides in an unorganized territory and is parentally placed in a nonprofit private school or attends a homeschool retains the right to equitable services under proportionate share funding.
3. Declares a pupil who is placed by a state placing agency or a court of competent jurisdiction in one of the prescribed residential placements and either is parentally placed in a private school or attends a homeschool 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 if the pupil is parentally placed in a nonprofit private school or attends a homeschool.
4. Details the school district that is responsible for conducting the prescribed activities relating to Part B of the IDEA and for providing equitable services under proportionate share funding for a pupil who is placed by a state placing agency or a court of competency jurisdiction in one of the prescribed residential placements and either is parentally placed in a private school or attends a homeschool.
5. Requires a county school superintendent, on request from a pupil or pupil's parent, to identify the adjoining school district that is geographically closest to the pupil's residence or residential placement.
6. Deletes statute relating to the issuance of a CEC-B and the related requirements for a pupil who is placed by a state placing agency or a state or federal court in one of the prescribed residential placements.
7. Mandates a school district governing board admit children who are placed by a state placing agency or a court of competent jurisdiction if the child's placement is located within the school district's boundaries and is one of the prescribed residential placements.
8. Requires, by June 30, 2027, each state placing agency to develop a form for attesting that a child is placed by the state placing agency in one of the prescribed residential placements.
9. Directs a state placing agency, beginning in FY 2028 and on request from a student's parent, school district official or county school superintendent, to provide an attestation form for a child who is placed by the state placing agency and who is identified in the request.
10. Requires a school district to accept an attestation form provided by a state placing agency as evidence of the child's eligibility for enrollment.
11. Stipulates that if a student's parent, county school superintendent or state placing agency does not provide to a school district an attestation form on enrollment of a child, the school district may request an attestation form from the state placing agency.
12. Directs a school district, on request by a child's parent, to allow the child to remain enrolled as a resident pupil in the same school regardless of any subsequent change in the child's residence if:
a. the child is placed by a state placing agency or a court of competent jurisdiction in one of the prescribed residential placements; and
b. the residential placement is located:
i. within the boundaries of the school district in which the child seeks to remain enrolled;
ii. within the boundaries of an adjoining school district to the school district in which the child seeks to remain enrolled; or
iii. in an unorganized territory and the adjoining school district that is geographically closest to the child's residential placement is an adjoining school district to the school district in which the child seeks to remain enrolled.
13. Deletes the requirements for ADE to:
a. develop and adopt a clear, written policy that identifies a supplemental process for prompt resolution of disputes relating to CEC applications and the provision of special education services as outlined;
b. ensure the dispute resolution process meets specified requirements;
c. investigate any complaints alleging a political subdivision or agency is violating statutes relating to CECs and pupils who reside in an unorganized territory; and
d. annually compile a report regarding these investigations and any corrective actions.
14. Modifies the definitions of nonresident pupil and resident school.
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18. Initials CH HB 2621
19. 4/17/2026 Page 0 Senate Engrossed
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