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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
ASDB; revisions
Purpose
Modifies Arizona State Schools for the Deaf and the Blind (ASDB) placement and evaluation procedures relating to placement and evaluation responsibilities, expanding the membership of a child's placement and evaluation team and requiring annual review of a child's placement status.
Background
The ASDB provides schools and programs for the education of persons who have sensory impairments. ASDB campuses are considered local education agencies (LEAs) for outlined purposes including providing a free and appropriate public education to pupils in accordance with the federal Individuals with Disabilities Education Act (IDEA) (A.R.S. §§ 15-1302 and 15-1306).
After consultation with the child's parent, the evaluation and consideration of placement in the ASDB must be made under the direction of the chief administrative official (CAO) of the school district or accommodation school within the boundaries of which the child resides. If a parent directly refers a child to the ASDB, the ASDB must immediately contact the CAO of the school district or accommodation school who must arrange for the establishment of a placement and evaluation team for the child.
A placement and evaluation team consists of at
least: 1) the child's parent or legal guardian;
2) an administrator from the school district in which the child resides; 3) a
certified teacher of children with a sensory impairment; 4) an evaluator, with
preference given to an evaluator trained and experienced in the education needs
of children with a sensory impairment; and 5) a representative of the ASDB. The
placement and evaluation team determines the appropriate education placement
for a child based on the development of an individualized education program
(IEP) and the CAO must place the child according to the team's recommendations
(A.R.S. § 15-1342).
For the purposes of statutes governing special education for exceptional children, home school district means the school district or charter school the child last attended or, if the child has not previously attended a public school in Arizona, the school district in which the person with legal custody of the child resides (A.R.S. § 15-761).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Placement and Evaluation Procedures
1. Directs the ASDB to hold a placement meeting for a child enrolled in a campus-based model at least annually to review the child's placement status and invite a representative of the child's home school district.
2. Requires the child's home school district to enroll the child if a determination is made that the ASDB is no longer the least restrictive environment.
3. Removes the requirement for a school district governing board or the ASDB Board to investigate and take action if there is any question regarding the propriety of a placement or admission in the ASDB.
4. Allows the placement and review of a child's IEP to be conducted at the same meeting.
5. Adds, to persons that must be included in the child's placement and evaluation team:
a) at least one regular education teacher if the child is or will be participating in the regular educational environment; and
b) the child with a disability, if appropriate.
6. Modifies the membership of a child's placement and evaluation team by:
a) replacing an administrator from the school district in which the child resides with a representative from the home school district in which the child resides who is:
i. qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities; and
ii. knowledgeable about the general education curriculum and the availability of resources of the public agency;
b) requiring the ASDB representative to be an educational ASDB representative and specifying that the representative may be the member who is a certified teacher of children with a sensory impairment; and
c) specifying that the evaluator member may also be the member who is a certified teacher of children with a sensory impairment or the regular education teacher.
Responsibility for Placement and Evaluation
7. Removes the CAO of an accommodation school within the boundaries in which the child resides from individuals responsible for placement and evaluation procedures.
8. Designates, as responsible for placement and evaluation procedures, a child's home school district rather than the school district within the boundaries of which the child resides.
9. Requires, if there are changes in a child's residence, the new district of residence to become the new home school district.
10. Designates a representative of the child's home school district, rather than the CAO of the school district within the boundaries of which the child resides, as the person who:
a) the ASDB must contact if a child's parent or legal guardian directly refers the child to the ASDB;
b) must arrange for the establishment of a placement and evaluation team for a child directly referred to the ASDB by the parent or legal guardian; and
c) must be included in an individualized planning conference to review and revise an IEP.
11. Requires a representative for special education of the child's home school district, rather than the CAO, to place the child according to the IEP team's recommendations, except as specified.
Miscellaneous
12. Specifies that the ASDB is an LEA for the purposes of providing free and appropriate public education in accordance with the IDEA to pupils enrolled in a campus-based model.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
House Action
ED 2/8/22 DP 10-0-0-0
3rd Read 2/21/22 54-4-2
Prepared by Senate Research
March 11, 2022
LB/slp