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ARIZONA HOUSE OF REPRESENTATIVESFifty-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
House Engrossed
Overview
Mandates a home school district, if a parent requests on or after May 1st and before August 15th that their child be evaluated in accordance with the Individuals with Disabilities Education Act (IDEA), to begin the evaluation or provide notice of refusal within 15 calendar days.
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 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 and 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 August 15th, 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)
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HB 2375
Initials CH Page 0 House Engrossed
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