The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
15-768. Pupils residing in unorganized territory; pupils placed by a court or state placing agency; definitions
A. The parent of a pupil who resides in an unorganized territory may 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. A school district that receives a request pursuant to this subsection is responsible for all child find activities for that pupil. If a parent of a pupil who is a child with a disability as defined in section 15-761 requests enrollment of the pupil in a school district pursuant to this subsection, the school district is responsible for providing a free appropriate public education to the pupil.
B. Each program that provides early intervention services pursuant to part C of the individuals with disabilities education act (20 United States Code sections 1401 through 1485) to pupils who reside in unorganized territories shall initiate the process for transitioning the pupils from part C to part B of the individuals with disabilities education act by notifying the department of education and referring the pupil to the adjoining school district that is geographically closest to the pupil's residence for a special education evaluation and transition at least ninety days before the pupil's third birthday. If a program determines that a pupil who resides in an unorganized territory is eligible for early intervention services pursuant to part C of the individuals with disabilities education act more than forty-five days but fewer than ninety days before the pupil's third birthday, the program shall initiate the process for transitioning the pupil from part C to part B of the individuals with disabilities act pursuant to this subsection as soon as possible, consistent with federal law.
C. If the adjoining school district that is geographically closest to the residence of a pupil described in subsection B of this section conducts a special education evaluation of the pupil and determines that the pupil is eligible for special education and related services under part B of the individuals with disabilities education act, the pupil's parents may request enrollment of the pupil in the school district at any time and the school district shall inform the pupil's parent that the pupil's parent may request enrollment of the pupil. On receipt of a request for enrollment pursuant to this subsection, a school district shall prepare a certificate of educational convenience application for the pupil as prescribed by section 15-825 and offer a free appropriate public education to the pupil.
D. If a pupil resides in an unorganized territory and either is parentally placed in a private school or attends a homeschool, the following apply:
1. The pupil retains the rights established by 20 United States Code section 1412, including the rights to be identified, located and evaluated for eligibility under part B of the individuals with disabilities education act.
2. If the pupil is parentally placed in a nonprofit private school or attends a homeschool, the pupil retains the right to equitable services under proportionate share funding pursuant to 20 United States Code section 1412.
3. The school district that is responsible for conducting the activities described in paragraph 1 of this subsection and for providing the services described in paragraph 2 of this subsection for the pupil is:
(a) If the pupil is parentally placed in a nonprofit private school that is located within the boundaries of a school district, the school district in which the private school is located.
(b) If the pupil is parentally placed in a nonprofit private school that is located in an unorganized territory, the adjoining school district that is geographically closest to the private school.
(c) If the pupil attends a homeschool or is parentally placed in a private school that is not a nonprofit, the adjoining school district that is geographically closest to the pupil's residence.
E. If a pupil is placed by a state placing agency or a court of competent jurisdiction in a residential placement described in section 15-823, subsection C and either is parentally placed in a private school or attends a homeschool, the following apply:
1. The pupil retains the rights established by 20 United States Code section 1412, including the rights to be identified, located and evaluated for eligibility under part B of the individuals with disabilities education act.
2. If the pupil is parentally placed in a nonprofit private school or attends a homeschool, the pupil retains the right to equitable services under proportionate share funding pursuant to 20 United States Code section 1412.
3. The school district that is responsible for conducting the activities described in paragraph 1 of this subsection and for providing the services described in paragraph 2 of this subsection for the pupil is:
(a) If the pupil is parentally placed in a nonprofit private school that is located within the boundaries of a school district, the school district in which the private school is located.
(b) If the pupil is parentally placed in a nonprofit private school that is located in an unorganized territory, the adjoining school district that is geographically closest to the private school.
(c) If the pupil attends a homeschool or is parentally placed in a private school that is not a nonprofit and the residential placement is located within the boundaries of a school district, the school district in which the residential placement is located.
(d) If the pupil attends a homeschool or is parentally placed in a private school that is not a nonprofit and the residential placement is located in an unorganized territory, the adjoining school district that is geographically closest to the residential placement.
F. On request from a pupil or a pupil's parent, a county school superintendent shall identify the adjoining school district that is geographically closest to the pupil's residence or residential placement.
G. For the purposes of this section:
1. "Child find activities" means state obligations pursuant to 20 United States Code section 1412(a)(3), the federal regulations issued pursuant to the individuals with disabilities education act and the rules adopted by the state board of education relating to the identification and referral of children with disabilities by public schools.
2. "Free appropriate public education" has the same meaning prescribed in 20 United States Code section 1401.
3. "Homeschool" has the same meaning prescribed in section 15-802.
4. "Related services" has the same meaning prescribed in 20 United States Code section 1401.
5. "Special education" has the same meaning prescribed in 20 United States Code section 1401.
6. "Special education evaluation" means an evaluation conducted pursuant to section 15-766 and rules adopted by the state board of education.
7. "State placing agency" has the same meaning prescribed in section 15-1181.
8. "Unorganized territory" has the same meaning prescribed in section 15-825.