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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
children with disabilities; evaluation; deadline
Purpose
Requires a home school district, if a child's parent submits a request between May 1 and August 15 for an evaluation in accordance with the federal Individuals with Disabilities Education Act (IDEA), to begin the evaluation or provide the parent notice of refusal to conduct the evaluation within 15 calendar days.
Background
Before placing a child who is suspected of having a disability in a special education program, the child must be evaluated in accordance with the IDEA. A public education agency (PEA) must provide parental notification that an initial evaluation may be conducted and obtain parental consent before conducting the evaluation (A.R.S. § 15-766).
Federal law allows a parent or PEA to request an initial evaluation and requires the evaluation to be conducted within 60 days of receiving parental consent for the evaluation. A reevaluation may be conducted upon request of the child's parent or teacher or if the PEA determines the provided special education services of a child warrant a reevaluation. A reevaluation must be conducted for a child at least every three years, unless the child's parents and the PEA agree it is unnecessary and may not be conducted more than once per year, unless the parents and PEA agree otherwise. If a parent requests an evaluation, the State Board of Education's rules require a PEA to begin the evaluation by reviewing existing data or provide prior written notice of refusal to conduct the evaluation within a reasonable amount of time, not exceeding 15 school days (20 U.S.C. § 1414; A.A.C. R7-2-401).
Home school district means: 1) the Arizona school district or charter school that a child last attended; 2) if a child has not previously attended an Arizona public school, the school district in which the person who has legal custody of the child resides in; or 3) if a child is a ward of the state and is enrolled in an accommodation school or no specific person has legal custody of the child, the school district within which the child currently resides (A.R.S. § 15-761).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a home school district, if a child's parent submits a written request to the home school district between May 1 and August 15 for an evaluation in accordance with IDEA, to begin the evaluation or provide the parent written notice of refusal to conduct the requested evaluation within 15 calendar days of receiving the request.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
ED 1/28/25 DPA 7-5-0-0
3rd Read 2/17/25 33-26-1
Prepared by Senate Research
March 3, 2025
MH/KK/ci