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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
public
schools; special education; access
(NOW: access; special education; public schools)
Purpose
Outlines procedures for the parent of a pupil who resides in an unorganized territory to request a Child Find screening, special education evaluation or enrollment in the adjoining school district that is geographically closest to the pupil's residence. Modifies the procedures relating to the issuance of certificates of educational convenience (CECs), including application, enrollment and dispute resolutions. Prescribes requirements on a school district to ensure that a child of an active military duty parent who is eligible to receive services or accommodations is provided such services or accommodations.
Background
Individuals with Disabilities Act
The federal Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities have free, appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living. IDEA Part B establishes requirements on state and local education agencies to receive federal funding for the provision of special education and related services to children with disabilities who are between the ages of 3 and 21, including requirements relating to screening evaluations, educational placements and having an individualized education program (IEP) in effect for each qualifying child. IDEA Part C establishes: 1) a grant program to assist each state in implementing a system of early intervention services for infants and toddlers with disabilities who are between the ages of 0 and 2; and 2) requirements to provide the families of infants and toddlers with disabilities an individualized family service plan to support the transition of an infant or toddler with disabilities to preschool or other appropriate services. IDEA also establishes Child Find requirements, which requires states to have policies in effect that ensure all children with disabilities who are in need of special education and related services to be identified, located and evaluated (20 U.S.C. § 1400 et seq.; 34 CFR § 300.111).
CECs
Statute outlines two types of CECs. A pupil who is precluded by distance, a lack of adequate transportation facilities or a parent's employment from attending a school in the school district or county of the pupil's residence, or who resides in unorganized territory, may apply to the pupil's school district of residence or school district of attendance as specified for a CEC. If a pupil who resides in unorganized territory 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 pursuant to school district open enrollment procedures and apply to the school district that operates the school for a CEC. A school district that receives a CEC application must submit the completed application to the county school superintendent as outlined. If a county school superintendent determines that it is not feasible for the pupil to attend a school in the school district or county of residence, the county school superintendent must issue a CEC authorizing the pupil to attend a school in an adjoining school district or county.
Additionally, a county school superintendent must issue a CEC 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 agency or state or federal court of competent jurisdiction in: 1) a state rehabilitation or corrective institution; 2) a foster home, child care agency or institution that is licensed and supervised by the Department of Child Safety or Department of Health Services (DHS); 3) a residential facility that is operated or supported by DHS or the Department of Economic Security (DES); or 4) under the supervision of the Department of Juvenile Corrections pursuant to the Interstate Compact on Juveniles (A.R.S. § 15-825).
Children of Active Military Duty Parents
A pupil complies with the residency requirements for school attendance in a local education agency (LEA) if the pupil's parent is transferred, or is pending transfer, to a military installation within Arizona while on active military duty pursuant to an official military order. An LEA must accept an application for the enrollment and course registration of such children by electronic means. An active military duty parent must provide proof of residency to the LEA as prescribed and may use the following addresses as proof of residency: 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Pupils Residing in Unorganized Territories
1. Allows the parent of a pupil who resides in an unorganized territory to request a Child Find screening, special education evaluation or enrollment in the adjoining school district that is geographically closest to the pupil's residence.
2. Specifies that a school district that receives a request from a parent of a pupil who resides in an unorganized territory as prescribed is:
a) responsible for all Child Find activities for that pupil; and
b) responsible for providing FAPE to a pupil, if a parent of a pupil who is a child with a disability requests the pupil's enrollment in a school district.
3. Requires each program that provides early intervention services pursuant to IDEA Part C to pupils who reside in unorganized territories to initiate the process for transitioning the pupil from Part C to Part B of IDEA 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 at least 90 days before the pupil's third birthday.
4. Specifies that, if an early intervention services program determines that a pupil who resides in an unorganized territory is eligible for early intervention services pursuant to IDEA Part C between 45 and 90 days before the pupil's third birthday, the early intervention services program must initiate the process for transitioning the pupil from Part C to Part B of IDEA as soon as possible, consistent with federal law.
5. Stipulates 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 and determines that the pupil is eligible for special education and related services under Part B of IDEA:
a) the pupil's parents may request enrollment of the pupil in the school district at any time; and
b) the school district must inform the pupil's parent that the pupil's parent may request enrollment of the pupil.
6. Requires, on receipt of a request for enrollment of a pupil who resides in an unorganized territory and is eligible for special education and related services as outlined, the school district to prepare a CEC application for the pupil and offer the pupil a FAPE.
7. Determines that, if a pupil resides in an unorganized territory and is parentally placed in a private school or attends a homeschool, the pupil retains:
a) the rights established by IDEA relating to state eligibility, including the rights to be identified, located and evaluated for eligibility under IDEA Part B; and
b) the right to equitable services under proportionate share funding.
8. Determines that, if a pupil resides in an unorganized territory and is parentally placed in a private school or attends a homeschool, the school district that is responsible for all Child Find activities and conducting a special education evaluation for the pupil is:
a) the school district in which the private school is located, if the pupil is parentally placed in a nonprofit private school located within the boundaries of a school district;
b) the adjoining school district that is geographically closest to the private school, if the pupil is parentally placed in a nonprofit private school that is located in an unorganized territory; or
c) the adjoining school district that is geographically closest to the pupil's residence, if the pupil attends a homeschool or is parentally placed in a private school that is not a nonprofit.
9. Determines that, if a 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 and related services under IDEA Part B, the pupil's parents may request the school district that is responsible for the pupil for:
a) a Child Find evaluation; or
b) a meeting to discuss equitable services and the development of a service plan.
CEC Requirements for Pupils in Unorganized Territories
10. Replaces the requirements for the parent of a pupil who resides in unorganized territory, does not have a school district of attendance and seeks to apply for a CEC to enroll the pupil in a school through open enrollment and apply to the school district for a CEC, with a requirement for the parent of a pupil who resides in unorganized territory, does not have a school district of attendance and seeks to enroll in public school to request the pupil's enrollment in the adjoining school district that is geographically closest to the pupil's residence 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 that is operated by the school district; or
c) requesting enrollment assistance in a telephonic, electronic or in-person communication with the school district or school that is operated by the school district.
11. Specifies that a school district that receives a request for enrollment must submit a completed CEC application for the pupil to the county school superintendent as prescribed within five business days after receiving the request and any required documentation.
12. Specifies that a school district may submit a CEC application by regular mail only if the school district cannot electronically submit the CEC application.
13. Prohibits a school district that receives a request for enrollment or a CEC application from delaying Child Find activities, parental consent for a special education evaluation or timelines prescribed to conduct an initial evaluation or have an IEP in effect because a CEC application is processing.
14. 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 CEC 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 CEC application and the pupil's parent that the county school superintendent is not issuing a CEC for the pupil.
15. Specifies that the written notification for denying the issuance of a CEC must explain the reason the county school superintendent is declining to issue a CEC and instructions for curing deficiencies in the application.
16. Requires each county school superintendent, before FY 2028, to develop and make publicly available a CEC application form and instructions for submitting the form.
17. Authorizes a county school superintendent to develop an online application portal for the purposes of the CEC application form if the portal allows any person who may submit an application to submit an application through the portal, including:
a) a school district;
b) a pupil or pupil's parent; or
c) a pupil's legal representative.
18. Requires ADE to post the annual report on the total number of CEC issued by county school superintendents on ADE's website.
19. Requires 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 the school district's website:
i. the CEC application form and instructions; and
ii. instructions for parents who elect and submit a CEC application to the county school superintendent.
20. Determines that enrollment is guaranteed for any pupil for whom a CEC is issued to by a county school superintendent and is not subject to programmatic capacity limitations.
21. Determines that the requirements relating to requesting enrollment in a school district and issuance of a CEC do not preclude a pupil, pupil's parent, pupil's legal representative or any other interested party from submitting an CEC application for the pupil to the county school superintendent.
School District
Admission Requirements for Pupils
Placed by a State Placing Agency or Court
22. Removes the requirement for a county school superintendent to issue a CEC to a pupil to attend a school district or adjoining school district to that in which the pupil is placed by a state placing agency or state or federal court in:
a) a state rehabilitation or corrective institution;
b) a licensed and supervised foster home or child care agency;
c) a residential facility that is operated or supported by DHS or DES; or
d) a residence pursuant to the Interstate Compact on Juveniles.
23. Requires a school district governing board to 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 boundaries of the school district and is:
a) a state rehabilitation or corrective institution;
b) a licensed and supervised foster home or child care agency;
c) a residential facility that is operated or supported by DHS or DES; or
d) a residence pursuant to the Interstate Compact on Juveniles.
24. 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 placements.
25. Requires, beginning FY 2028, a state placing agency to provide an attestation form for a child who is placed by the state placing agency on request from the student's parent, a school district official or county school superintendent.
26. Requires a school district to accept the prescribed attestation form as evidence of the child's eligibility for enrollment in the school district.
27. Specifies that, if a student's parent, county school superintendent or state placing agency does not provide an attestation form to the school district on enrollment of a child who is placed by a state placing agency or court, the school district may request an attestation form from the state placing agency.
28. Stipulates that, on request by the parent of a child who is placed by a state placing agency or court, a school district must allow the child to remain enrolled as a resident pupil in the same school district regardless of any subsequent change in the child's residence if the child is placed in one of the prescribed placements by a state placing agency or court and the placement is located:
a) within the boundaries of the school district in which the child seeks to remain enrolled;
b) within the boundaries of an adjoining school district to the school district in which the child seeks to remain enrolled; or
c) in an unorganized territory and the adjoining school district that is geographically closest to the child's placement is an adjoining school district to the school district in which the child seeks to remain enrolled.
29. Removes the requirement for a school district of attendance to apply for a CEC for a child who has been placed in a private residential facility as prescribed and attends a public school in a school district that is not the home school district.
Children of Active Military Duty Parents
30. Specifies that a child complies with the residency requirements for services or accommodations if the child's parent is transferred, or is pending transfer, to a military installation in Arizona while on active military duty pursuant to an official military order.
31. Requires an LEA to accept an application for a child of an active military duty parent for enrollment and course registration by any means, including by electronic means or remote application, rather than only by electronic means.
32. Adds, to the addresses an active military duty parent may use for proof of residency when enrolling the parent's child in an LEA:
a) temporary off-base lodging; and
b) any other temporary housing.
33. Stipulates that, if a school district is notified that a child of an active military duty parent is receiving or may be eligible to receive services or accommodations, the school district must:
a) promptly coordinate with the child's parents and previous school, if any, to ensure the timely exchange of records and to reduce any delays in:
i. the 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 that a child's parent provides, pending validation by the official records; and
c) on enrollment of the child:
i. provide the child with services or accommodations that are comparable to the services or accommodations 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 development adopt and implement a new IEP for the child within 30 calendar days after the child enrolls in the school district.
34. Requires ADE to post on ADE's website information on the requirements relating to residency and services or accommodations for a child of an active military duty parent, including requirements relating to eligibility and required documentation.
35. Defines parent and services or accommodations for the purposes of the requirements relating to children of active military duty parents.
Miscellaneous
36. Modifies the definition of resident pupil, for the purposes of school district open enrollment, to include a pupil who:
a) resides in an unorganized territory and whose residence adjoins a boundary of the school district;
b) resides in an unorganized territory and whose residence is located on tribal land; or
c) who is placed by a county school superintendent and receives a CEC.
37. Defines terms.
38. Makes technical and conforming changes.
39. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Replaces the requirements relating to the issuance of a CEC for the parent of a pupil who is placed by a state placing agency or court and seeks to enroll the pupil in public school with a requirement for a school district governing board to directly admit such pupils if the pupil's placement is located within the boundaries of the school district.
2. Removes the administrative requirements on school districts, county school superintendents and state placing agencies relating to the issuance of a CEC for a pupil who is placed by a state placing agency or court and enrolls in a school district.
3. Outlines procedures to determine enrollment eligibility for a pupil who is placed by a state placing agency or court and seeks to enroll in a school district.
4. Requires a school district to allow a child to remain enrolled as a resident pupil in the same school district regardless of any subsequent change in the child's residence on request of a parent and if the child's placement meets prescribed location requirements.
5. Removes the requirement for a school district of attendance to apply for a CEC for a child who has been placed in a private residential facility as prescribed and attends a public school in a school district that is not the home school district.
6. Removes the requirements on ADE to develop and adopt a written dispute resolution policy, investigate statutory violations of outlined requirements and compile and post an annual report regarding the investigations and actions taken in the immediately preceding year as prescribed.
7. Makes technical and conforming changes.
House Action Senate Action
ED 2/17/26 DPA/SE 11-0-0-1 ED 3/25/26 DPA 7-0-0
3rd Read 3/11/26 51-0-8-0-1
Prepared by Senate Research
March 27, 2026
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