ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: ED DPA 7-5-0-0

HB 2375: children with disabilities; evaluation; deadline

Sponsor: Representative Carter P, LD 4

Caucus & COW

Overview

Establishes 15 calendar days as the timeframe in which a home school district must begin an evaluation or provide a parent written notice of refusal if a parent requests an evaluation on or after May 1st and before September 1st.

History

Before a child who is suspected of having a disability is placed in a special education program, the child must be evaluated in accordance with the Individuals with Disabilities Act (IDEA). An initial evaluation is used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs. A charter school or school district must notify the parent of the parent’s option to consent to or refuse the initial evaluation. Federal regulations require the initial evaluation to be conducted within 60 days after receiving parental consent (34 C.F.R. §§ 300.15, 300.301).

State Board of Education rules require a public educational agency (PEA), if the parent requests an evaluation, to either begin the evaluation by reviewing existing data or provide prior written notice refusing to conduct the requested evaluation within a reasonable amount of time not to exceed 15 school days of receipt of the request (A.A.C. R7-2-401).

After an initial evaluation and in accordance with the IDEA, a reevaluation may not occur more than once annually, unless the parent and PEA agree otherwise. However, a reevaluation must be completed at least every three years if the PEA determines that the educational or related services needs of the child warrant a reevaluation, or if the child's parent or teacher requests a reevaluation, unless the parent and the PEA agree that a reevaluation is unnecessary (A.R.S. § 15-766).

Provisions

1. Requires a home school district, if a parent submits a written request to the child's home school district for an evaluation in accordance with the IDEA on or after May 1st and before September 1st, to begin the evaluation or provide the parent written notice of refusal to conduct the requested evaluation within 15 calendar days of receipt of the request. (Sec. 1)

2. Makes technical changes. (Sec. 1)

Amendments

Committee on Education

1. Requires a home school district to begin or refuse the evaluation within 15 calendar days if a parent requests an evaluation on or after May 1st and before August 15th, rather than before September 1st.

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5. HB 2375

6. Initials CH Page 0 Caucus & COW

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