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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
foster children; education; best interest
Purpose
Requires a best interest educational placement determination to be made for a child entering foster care or for a child whose placement changes according to outlined requirements. Directs the Auditor General (OAG) to report data relating to best interest educational placements and to review and report on outlined information relating to voter registration databases, county early voting lists and voter registration programs.
Background
The Department of Child Safety (DCS) regulates child welfare agencies and licenses foster homes. DCS or a child welfare agency may place a child in foster care consistent with the child's best interests according to outlined factors, including the proximity of the home to the child's current school or school district. A child in foster care has the right to: 1) go to school and receive an education that fits the child's age and individual needs; and 2) attend community, school and religious services and activities of the child's choice. Statute allows a school district or charter school to give enrollment preference to children who are in foster care (A.R.S. §§ 8-503; 8-514; 8-529; 15-184; and 15-816.01).
Laws 2021, Chapter 405 requires the OAG to review the processes and statutory requirements for maintaining the statewide voter registration database, county early voting lists and the county voter registration databases for counties with a population of more than 1,000,000 persons and submit a report to the Legislature each even-numbered year. The Secretary of State (SOS) and county recorders must provide the OAG with the total expenditures and descriptions of voter registration programs and events. The Arizona Supreme Court: Arizona School Boards Association, Inc. et al. v. State of Arizona, 61 Ariz. 4 (2022) deemed the portion of Laws 2021, Chapter 405 relating to OAG review of voter registration databases and early voting lists unconstitutional.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Foster Child Best Educational Placement Determinations
1. Requires, rather than allows, a school district to give enrollment preference to children who are in foster care and requires a school district to reserve capacity for children who are in foster care.
2. Requires, within five days of a child entering foster care or if a child's placement changes, the following persons to determine which educational placement is in the child's best interest:
a) the child's caseworker;
b) the child's primary caregiver;
c) representatives from the child's school of origin; and
d) representatives from the child's potential new educational institution.
3. Specifies that a best interest educational placement determination must prioritize the child's unique needs.
4. Requires, within two days after a determination that an educational placement change is in the child's best interest, the new educational institution to enroll the child.
5. Directs the child's school of origin to transfer the child's education records to the child's new educational institution within two days after notice of the child's change in educational placement.
6. Requires the new education institution to immediately enroll the child even if the child:
a) does not possess the records normally required for enrollment; or
b) owes any outstanding fines or fees to the school of origin.
7. Requires DCS to:
a) ensure that a child receives transportation to the educational institution determined to be in the child's best interest, including a charter school or educational institution located outside of the child's current school district; and
b) provide financial assistance to the child's primary caregiver for transportation, if DCS and the child's new educational institution are unable to transport the child.
8. Requires the child's school of origin to ensure transportation for the child during the best interest educational placement determination process.
9. Specifies that a school district may cross school district boundaries when transporting a child to the educational institution determined to be in the child's best interest.
10. Requires a child enrolled in a school district according to enrollment preference and capacity requirements, on leaving foster care, to remain in their current educational institution through the end of the school year.
11. Requires the OAG to track, report and make publicly available:
a) the number of best interest educational placement determinations conducted;
b) the number of children who entered foster care and who did not receive a best interest educational placement determination;
c) the final outcome of each best interest educational placement determination; and
d) data regarding the transportation of foster care children according to educational placement requirements, including transportation costs and which agency was responsible for the costs.
OAG Review of Voter Registration and Early Voting Lists
12. Requires the OAG to review the processes and statutory requirements for maintaining the statewide voter registration database, county early voting lists and the county voter registration databases for counties with a population of more than 1,000,000 persons.
13. Requires the SOS and county recorders to:
a) notify the OAG in writing of the total expenditures made for voter registration programs and events;
b) provide a description of the programs and events, including any political party affiliation; and
c) specify their attendance at the programs, events and outreach activities and whether they used third-party data in conducting these programs, events and activities.
14. Requires the OAG, by June 30 of each even-numbered year, to submit a report of its findings to the President of the Senate and Speaker of the House and submit a copy of the report to the SOS.
Miscellaneous
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2023
LB/MH/slp