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REFERENCE TITLE: schools; individualized education programs; compliance |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2536 |
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Introduced by Representative Longdon
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AN ACT
amending section 15-161, arizona revised statutes; amending Title 15, chapter 7, article 4, Arizona Revised Statutes, by adding section 15-768; relating to Special Education for Exceptional Children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-161, Arizona Revised Statutes, is amended to read:
15-161. State control over private schools
Nothing in Except as prescribed in section 15-768, this title shall be construed to does not provide the state board of education or the governing boards of school districts with control or supervision over private schools.
Sec. 2. Title 15, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 15-768, to read:
15-768. Individualized education programs; special needs transfer students; receiving schools; requirements; definitions
A. On receiving a special needs transfer student, a receiving school shall do both of the following:
1. Recognize the disabling conditions, the required educational services and all other requirements specified within the existing individualized education program.
2. Ensure that the specific educational services required in the existing individualized education program are provided to the special needs transfer student within thirty days after the special needs transfer student's first day of attendance at the receiving school.
B. At its option, the receiving school may contest the validity of an existing individualized education program, including the determination of specific disabling conditions or the appropriateness of services required by the existing individualized education program, in accordance with applicable state and federal law. The receiving school must follow and honor the requirements of the existing individualized education program while any element of the existing individualized education program is being challenged and reevaluated at the receiving school's option unless the receiving school, with the consent of a parent, provides funding directly to the parent to purchase appropriate services, in accordance with state and federal law.
C. For the purposes of this section:
1. "Existing individualized education program" means a lawful and binding individualized education plan constructed for a special needs transfer student by the referring school or agency pursuant to section 15‑763.
2. "Receiving school" means any local education agency, including a school within a school district, a charter school, a private school or any other entity that provides education, that accepts state monies, including monies from either:
(a) Arizona empowerment scholarship accounts established under chapter 19 of this title.
(b) School tuition organizations established under title 43.
3. "Referring school" means any local education agency in which a special needs transfer student was enrolled before transferring to a receiving school.
4. "Special needs transfer student" means a child with a disability who transfers to a receiving school.