A. For the
purposes of this Article, the Individuals with Disabilities Education
Improvement Act (IDEA),
20 U.S.C.
1400 et seq. and its implementing
regulations,
34 CFR
300.1 et seq., are incorporated herein by
reference. Copies of the incorporated material can be obtained from the U.S.
Government Printing Office, https://book-store.gpo.gov/catalog/law-regulations
or the Arizona Department of Education, Exceptional Student Services, 1535 West
Jefferson Street, Phoenix, Arizona 85007.
B. Definitions. All terms defined in the
IDEA, its implementing regulations and A.R.S. §
15-761 are
applicable, with the following additions:
1.
"Accommodations" means the provisions made to allow a student to access the
general education curriculum and demonstrate learning. Accommodations do not
substantially change the instructional level, content or performance criteria,
but are made in order to provide a student equal access to learning and equal
opportunity to demonstrate what is known. Accommodations shall not alter the
content of the curriculum or a test, or provide inappropriate assistance to the
student within the context of the test.
2.
"Adaptations" means changes made to the environment,
curriculum, and instruction or assessment practices in order for a student to
be a successful learner. Adaptations include accommodations and modifications.
Adaptations are based on an individual student's strengths and
needs.
3.
2. "Administrator"
means the chief administrative official or designee authorized to act on behalf
of a public education agency.
4. "Audiologist" means a person
who specializes in the identification and prevention of hearing problems and in
the non-medical rehabilitation of those who have hearing impairments, and who
is licensed to practice audiology according to A.R.S. Title 36, Chapter 17,
Article 4.
5.
3. "Boundaries of
responsibility" means for:
a. A school
district, the geographical area within its legally designated
boundaries.
b. A charter school,
the population of students enrolled in the charter school.
c. A public education agency other than a
school district or charter school, the population of students receiving
educational services from a public education agency.
6.
"Certificate in speech and language therapy" means a
speech-language pathologist or speech-language technician certificate awarded
by the State Board of Education.
7.
"Certified school psychologist" means a person
holding a certificate from the Arizona State Board of Education issued pursuant
to 7 A.A.C. 2, Article 6, in the area of school psychology.
8.
"Certified speech-language therapist" means a person
holding a speech-language pathologist or speech-language technician certificate
from the Arizona State Board of Education issued pursuant to 7 A.A.C. 2,
Article 6, and a license from the Arizona Department of Health Services as a
speech-language pathologist in accordance with A.R.S. Title 36, Chapter 17,
Article 4.
7.
4. "Child with a
disability," has the same meaning prescribed in A.R.S. §
15-761.
9.
5.
"Department" means the Arizona Department of Education.
10. "Doctor of medicine" means a
person holding a license to practice medicine pursuant to A.R.S. Title 32,
Chapter 13 (medical doctor) or Chapter 17 (doctor of
osteopathy).
11.
6. "Exceptional
Student Services " means the Exceptional Student Services Division of the
Arizona Department of Education.
12.
7. "Evaluator" means a
person trained and knowledgeable in a field relevant to the child's disability
who administers specific and individualized assessment for the purpose of
special education evaluation and placement.
13.
8. "Full and
individual evaluation" means procedures used in accordance with the IDEA to
determine whether a child has a disability and the nature and extent of the
special education and related services that the child needs. This evaluation
includes:
a. A review of existing information
about the child;
b. A decision
regarding the need for additional information;
c. If necessary, the collection of additional
information; and
d. A review of all
information about the child and a determination of eligibility for special
education services and needs of the child.
14.
9.
"Independent educational evaluation" means an evaluation conducted by an
evaluator who is not employed by the public education agency responsible for
the education of the child in question.
10. "Informed written consent" means a person
has been fully informed of all information relevant to the activity for which
consent is sought, in the person's native language or through another mode of
communication; the person understands and agrees in writing to the carrying out
of the activity for which consent is sought; and the person understands that
the granting of consent is voluntary and may be revoked at any time.
15.
11.
"Interpreter" means a person trained to translate orally or in sign language in
matters pertaining to special education identification, evaluation, placement,
the provision of free appropriate public education (FAPE), or assurance of
procedural safeguards for parents and students who converse in a language other
than spoken English. Each student's IEP team determines the level of
interpreter skill necessary for the provision of FAPE.
16.
"Language in which the student is proficient" means
all languages including sign language systems.
17.
"Licensed psychologist" means a person holding a
license from the state of Arizona Board of Psychologist examiners in accordance
with A.R.S. Title 32, Chapter 19.1, Article 2.
12. "Multidisciplinary Evaluation Team" has
the same meaning prescribed in A.R.S. §
15-761.
18.
13. "Modifications" means substantial changes in what
a student is expected to learn and to demonstrate. Changes may be made in the
instructional level, the content or the performance criteria. Such changes are
made to provide a student with meaningful and productive learning experiences,
environments, and assessments based on individual needs and abilities.
19. "Paraeducator" means a person
employed to assist with the education of students but who is not certified to
teach by the Arizona Department of Education. Alternate terms may include
paraprofessional, teacher aide, instructional assistant or other similar
titles.
20.
14. "Private school"
means any nonpublic educational institution where academic instruction is
provided, including nonsectarian and parochial schools, that are not under the
jurisdiction of the state or a public education agency.
21.
15.
"Private special education school" means a nonpublic educational institution
where instruction is provided primarily to students with disabilities. The
school may also serve students without disabilities.
22. "Psychiatrist" means a doctor
of medicine who specializes in the study, diagnosis, treatment and prevention
of mental disorders.
23.
16. "Public education
agency" or "PEA" means a school district, charter school, accommodation school,
state supported institution, or other political subdivision of the state that
is responsible for providing education to children with disabilities.
17. "Qualified professionals" means
individuals who have met state approved or recognized degree, certification,
licensure, registration or other requirements that apply in the areas in which
the individuals are providing services such as screening, identification,
evaluation, general education, special education or related services, including
supplemental aids and services.
24. "Screening" means an informal
or formal process of determining the status of a child with respect to
appropriate developmental and academic norms. Screening may include
observations, family interviews, review of medical, developmental, or education
records, or the administration of specific instruments identified by the test
publisher as appropriate for use as screening tools.
18. "Specially designed instruction" has the
same meaning prescribed in A.R.S. §
15-761.
25.
19. "Special education teacher" means a teacher
holding a special education certificate from the Arizona Department of
Education.
26.
20. "Suspension" means a
disciplinary removal from a child's current placement that results in a failure
to provide services to the extent necessary to enable the child to progress
appropriately in the general curriculum and advance toward achieving the goals
set out in the child's IEP. The term does not include disciplinary actions or
changes in placement through the IEP process if the child continues to receive
the services described above. The term does include actions such as "in school"
and "going home for the rest of the day" removals if the child does not receive
the services described above has the same meaning prescribed in A.R.S.
§
15-840.
C. Public Awareness.
1. Each public education agency shall inform
the general public and all parents, within the public education agency's
boundaries of responsibility, of the availability of special education services
for students aged 3 through 21 years and how to access those services. This
includes information regarding early intervention services for children aged
birth through 2 years.
2.
Each public education agency is responsible for
public awareness within their enrolled population (including the families of
enrolled students).
3.
2. School districts are
responsible for public awareness in private schools located within their
boundaries of responsibility.
D. Child Identification and Referral.
1. Each public education agency shall
establish, implement, and make available, either in writing or electronically,
to its school-based personnel and all parents, within the public education
agency boundaries of responsibility, written procedures for the identification
and referral of all children with disabilities, aged birth through 21,
including children with disabilities attending private schools and home
schools, regardless of the severity of their disability.
2. Each public education agency shall require
appropriate school-based personnel to review the written procedures related to
child identification and referral on an annual basis. The public education
agency shall maintain documentation of school-based personnel review.
3. Procedures for child identification and
referral shall meet the requirements of the IDEA and regulations, A.R.S. Title
15, Chapter 7, Article 4 and these rules.
4. The public education agency responsible
for child identification activities is the school district in which the parents
reside unless:
a. The student is enrolled in a
charter school or public education agency that is not a school district. In
that event, the charter school or public education agency is responsible for
child identification activities;
b.
The student is enrolled in a non-profit private school. In that event, the
school district within whose boundaries the private school is located is
responsible for child identification activities.
5. Identification (screening for possible
disabilities) shall be completed within 45 calendar days after:
a. Entry of each preschool or kindergarten
student and any student enrolling without appropriate records of screening,
evaluation, and progress in school; or
b. Notification to the public education
agency by parents of concerns regarding developmental or educational progress
by their child aged 3 years through 21 years.
6. Screening procedures shall include vision
and hearing status and consideration of the following areas: cognitive or
academic, communication, motor, social or behavioral, and adaptive development.
Screening does not include detailed individualized comprehensive evaluation
procedures.
7. For a student
transferring into a school; the public education agency shall review enrollment
data and educational performance in the prior school. If there is a history of
special education for a student not currently eligible for special education,
or poor progress, the name of the student shall be submitted to the
administrator for consideration of the need for a referral for a full and
individual evaluation or other services.
8. If a concern about a student is identified
through screening procedures or through review of records, the public education
agency shall notify the parents of the student of the concern within 10 school
days and inform them of the public education agency procedures to follow-up on
the student's needs.
9. Each public
education agency shall maintain documentation of the identification procedures
utilized, the dates of entry into school or notification by parents made
pursuant to subsection (D)(5), and the dates of screening. The results shall be
maintained in the student's permanent records in a location designated by the
administrator. In the case of a student not enrolled, the results shall be
maintained in a location designated by the administrator.
10. If the identification process indicates a
possible disability, the name of the student shall be submitted to the
administrator for consideration of the need for a referral for a full and
individual evaluation or other services. A parent or a student may request an
evaluation of the student. For parentally-placed private school students the
school district within whose boundaries the nonprofit private school is located
is responsible for such evaluation.
11. If, after consultation with the parent,
the responsible public education agency determines that a full and individual
evaluation is not warranted, the public education agency shall provide prior
written notice and procedural safeguards notice to the parent in a timely
manner.
E.
Evaluation/re-evaluation.
1. Each public
education agency shall establish, implement, and make available to school-based
personnel and parents within its boundaries of responsibility written
procedures for the initial full and individual evaluation of students suspected
of having a disability, and for the re-evaluation of students previously
identified as being eligible for special education.
2. Procedures for the initial full and
individual evaluation of children suspected of having a disability and for the
re-evaluation of students with disabilities shall meet the requirements of IDEA
and its regulations, state statutes and State Board of Education
rules.
3. The initial evaluation of
a child being considered for special education, or the re-evaluation per a
parental request of a student already receiving special education services,
shall be conducted within 60 calendar days from the public education agency's
receipt of the parent's informed written consent and shall conclude with the
date of the Multidisciplinary Evaluation Team (MET) determination of
eligibility.
4. If the parent
requests the evaluation the PEA must, within a reasonable amount of time not to
exceed 15 school days from the date it receives a parent's written request for
an evaluation, either begin the evaluation by reviewing existing data, or
provide prior written notice refusing to conduct the requested evaluation. The
60-day evaluation period shall commence upon the PEA's receipt of the parent's
informed written consent.
4.
5. The 60-day
evaluation period may be extended for an additional 30 days, provided it is in
the best interest of the child, and the parent and PEA agree in writing to such
an extension. Neither the 60-day evaluation period nor any extension shall
cause a re-evaluation to exceed the time-lines for a re-evaluation within three
years of the previous evaluation.
5.
6. The public education
agency may accept current information about the student from another state,
public agency, public education agency, or through an independent educational
evaluation. In such instances, the Multidisciplinary Evaluation Team shall be
responsible for reviewing and approving or supplementing an evaluation to meet
the requirements identified in subsections (E)(1) through (7).
6.
7. For
the following disabilities, the full and individual initial evaluation shall
include:
a. Emotional disability:
verification of a disorder by a qualified professional.
b. Hearing impairment:
i. An audiological evaluation by a qualified
professional, and
ii. An
evaluation of communication/language proficiency.
c. Other health impairment: verification of a
health impairment by a qualified professional.
d. Specific learning disability: a
determination of whether the child exhibits a pattern of strengths and
weaknesses in performance, achievement, or both, relative to age,
state-approved grade-level standards, or intellectual development that meets
the public education agency criteria through one of the following methods:
i. A discrepancy between achievement and
ability;
ii. The child's response
to scientific, research-based interventions; or
iii. Other alternative research-based
procedures.
e.
Orthopedic impairment: verification of the physical disability by a qualified
professional.
f. Speech/language
impairment: an evaluation by a qualified professional.
g. For students whose speech impairments
appear to be limited to articulation, voice, or fluency problems, the written
evaluation may be limited to:
i. An
audiometric screening within the past calendar year,
ii. A review of academic history and
classroom functioning,
iii. An
assessment of the speech problem by a speech therapist, or
iv. An assessment of the student's functional
communication skills.
h. Traumatic brain injury: verification of
the injury by a qualified professional.
i. Visual impairment: verification of a
visual impairment by a qualified professional.
8. The Department shall develop a list,
subject to review and approval of the State Board of Education, of qualified
professionals eligible to conduct the appropriate evaluations prescribed in
subsection (E)(7).
7.
9. The Multidisciplinary Evaluation Team shall
determine, in accordance with the IDEA and regulations, whether the
requirements of subsections (E)(7)(a) through (i) are required for a student's
re-evaluation.
F.
Parental Consent.
1. A public education
agency shall obtain informed written consent from the parent of the child with
a disability before the initial provision of special education and related
services to the child.
2. If the
parent of a child fails to respond to a request for, or refuses to consent to,
the initial provision of special education and related services, the public
education agency may not use mediation or due process procedures in order to
obtain agreement or a ruling that the services may be provided to the
child.
3. If the parent of the
child refuses to consent to the initial provision of special education and
related services, or the parent fails to respond to a request to provide
consent for the initial provision of special education and related services,
the public education agency:
a. Will not be
considered to be in violation of the requirement to make available FAPE to the
child because of the failure to provide the child with the special education
and related services for which the parent refuses to or fails to provide
consent, and
b. Is not required to
convene an IEP Team meeting or develop an IEP in accordance with these
rules.
4. If, at any
time subsequent to the initial provision of special education and related
services, the parent of a child revokes consent in writing for the continued
provision of special education and related services, the public education
agency:
a. May not continue to provide
special education and related services to the child, but shall provide prior
written notice before ceasing the provision of special education and related
services;
b. May not use the
mediation procedures or the due process procedures in order to obtain agreement
or a ruling that the services may be provided to the child;
c. Will not be considered to be in violation
of the requirement to make FAPE available to the child because of the failure
to provide the child with further special education and related services;
and
d. Is not required to convene
an IEP Team meeting or develop an IEP for the child for further provision of
special education and related services.
5. If a parent revokes consent in writing for
their child's receipt of special education services after the child is
initially provided special education and related services, the public agency is
not required to amend the child's education records to remove any references to
the child's receipt of special education and related services because of the
revocation of consent.
G. Individualized Education Program (IEP).
1. Each public education agency shall
establish, implement, and make available to its school-based personnel and
parents written procedures for the development, implementation, review, and
revision of IEPs.
2. Procedures for
IEPs shall meet the requirements of the IDEA and its regulations, state
statutes and State Board of Education rules.
3. Procedures shall include the incorporation
of Arizona academic standards as adopted by the State Board of Education into
the development of each IEP and address grade-level expectations and
grade-level content instruction.
4.
Each IEP of a student with a disability shall be developed in accordance with
IDEA and its regulations, state statutes and State Board of Education rules. If
appropriate to meet the needs of a student and to ensure access to the general
curriculum, an IEP team may include specially designed instruction in the IEP
that may be delivered in a variety of educational settings by a general
education teacher or other certificated personnel provided that certificated
special education personnel are involved in the planning, progress monitoring
and when appropriate, the delivery of the specially designed
instruction.
5. Each student with a
disability who has an IEP shall participate in the state assessment system.
Students with disabilities can test with or without accommodations or
modifications as indicated in the student's IEP. Students who are determined to
have a significant cognitive disability based on the established eligibility
criteria will be assessed with the state's alternate assessment as determined
by the IEP team.
6. A meeting of
the IEP team shall be conducted to review and revise each student's IEP at
least annually, or more frequently if the student's progress substantially
deviates from what was anticipated. The public education agency shall provide
written notice of the meeting to the parents of the student to ensure that
parents have the opportunity to participate in the meeting. After the annual
review, the public education agency and parent may agree not to convene an IEP
team meeting for the purposes of making changes, and instead may develop a
written document to amend or modify the student's current IEP.
7. A parent or public education agency may
request in writing a review of the IEP, and shall identify the basis for
requesting review. Such review shall take place within 45 school days of the
receipt of the request at a mutually agreed upon date and time.
H. Least Restrictive Environment.
1. Each public education agency shall
establish, implement, and make available to its school-based personnel and
parents, written procedures to ensure the delivery of special education
services in the least restrictive environment as identified by IDEA and its
regulations, state statutes and State Board of Education rules.
2. A continuum of services and supports for
students with disabilities shall be available through each public education
agency.
I. Procedural
Safeguards.
1. Each public education agency
shall establish, implement, and make available to school-based personnel and
parents of students with disabilities written procedures to ensure children
with disabilities and their parents are afforded the procedural safeguards
required by federal statute and regulation and state statute. These procedures
shall include dissemination to parents information about the public education
agency's and state's dispute resolution options.
2. In accordance with the requirements of
IDEA, prior written notice shall be provided to the parents of a child within a
reasonable time after the PEA proposes to initiate or change, or refuses to
initiate or change, the identification, evaluation, educational placement or
the provision of FAPE to the child, but before the decision is
implemented.
J.
Confidentiality.
1. Each public education
agency shall establish, implement, and make available to its personnel and
parents written policies and procedures to ensure the confidentiality of
records and information in accordance with the IDEA and its regulations, the
Family Educational Rights and Privacy Act (FERPA) and its regulations, and
state statutes.
2. Parents shall be
fully informed about the requirements of the IDEA and regulations, including an
annual notice of the policies and procedures that the PEA shall follow
regarding storage, disclosure to a third party, retention, and destruction of
personally identifiable information.
3. The rights of parents regarding education
records are transferred to the student at age 18, unless the student has been
adjudicated incapacitated, or the student has executed a delegation of rights
to make educational decisions pursuant to A.R.S. §
15-773.
4. Upon receiving a written request, each
public education agency shall forward special education records to any other
public education agency in which a student has enrolled or is seeking to
enroll. Records shall be forwarded within the time-frame specified in A.R.S.
§
15-828(F).
The public education agency shall also forward records to any other person or
agency for which the parents have given signed consent.
K. Preschool Programs. Each public education
agency responsible for serving preschool children with disabilities shall
establish, implement, and make available to its personnel and parents, written
procedures for:
1. The operation of the
preschool program, in accordance with federal statute and regulation, and state
statute, that provides a continuum of placements to students;
2. The smooth and effective transition from
the Arizona Early Intervention Program to a public school preschool program in
accordance with the agreement between the Department of Economic Security and
the Department; and
3. The
provision of a minimum of 360 minutes per week of instruction in a program that
meets at least 216 hours over the minimum number of days.
L. Children in Private Schools. Each
education agency shall establish, implement, and make available to its
personnel and parents written procedures regarding the access to special
education services to students enrolled in private schools by their parents as
identified by the IDEA and its regulations, state statutes and State Board of
Education rules.
M. Department
Responsible for General Supervision and Obligations Related to and Methods of
Ensuring Services.
1. The Department is
responsible for the general supervision of services to children with
disabilities aged 3 through 21 served through a public education
agency.
2. The Department shall
ensure through fund allocation, monitoring, dispute resolution, and technical
assistance that all eligible students receive FAPE in conformance with the IDEA
and its regulations, A.R.S. Title 15, Chapter 7, Article 4, and these
rules.
3. In exercising its general
supervision responsibilities, the Department shall ensure that when it
identifies noncompliance with the requirements of the IDEA Part B, the
noncompliance is corrected as soon as possible, and in no case later than one
year after the Department's written notification to the PEA of its
identification of the noncompliance.
N. Procedural Requirements Relating to Public
Education Agency Eligibility.
1. Each public
education agency shall establish eligibility for funding with the Department in
accordance with the IDEA and its regulations, state statutes and with schedules
and methods prescribed by the Department.
2. In the event the Department determines
that a public education agency does not meet eligibility for funding
requirements, the public education agency has a right to a hearing before such
funding is withheld.
3. The
Department may suspend payments during any time period when a public education
agency has not corrected deficiencies in eligibility for federal funds as a
result of fiscal requirements of monitoring, auditing, complaint and due
process findings.
4. Each public
education agency shall, on an annual basis, determine the number of children
within each disability category who have been identified, located, evaluated,
and/or receiving special education services. This includes children residing
within the boundaries of responsibility of the public education agency who have
been placed by their parents in private schools or who are home
schooled.
O. Public
Participation.
1. Each public education
agency shall establish, implement, and make available to personnel and parents
written procedures to ensure that, prior to the adoption of any policies and
procedures needed to comply with federal and state statutes and regulations,
there are:
a. Public hearings;
b. Notice of the hearings; and
c. An opportunity for comment available to
the general public, including individuals with disabilities and parents of
children with disabilities.
2. This requirement does not pertain to
day-to-day operating procedures.
P. Suspension and Expulsion.
1. Each public education agency shall
establish, implement, and make available to personnel and parents written
procedures for the suspension and expulsion of students with
disabilities.
2. Each public
education agency shall require all school-based staff involved in the
disciplinary process to review the policies and procedures related to
suspension and expulsion on an annual basis. The public education agency shall
maintain documentation of staff review.
3. Procedures for such suspensions and
expulsions shall meet the requirements of the IDEA and its regulations, and
state statutes.