Arizona Laws 15-763. Plan for providing special education; definition
A. All school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school. All children with disabilities shall receive special education programming commensurate with their abilities and needs. Each child shall be ensured access to the general curriculum and an opportunity to meet the state’s academic standards. If appropriate to meet the needs of a pupil and to ensure access to the general education curriculum, specially designed instruction that is in accordance with a pupil’s individualized education program may be delivered in a variety of education settings by a general education teacher or other certificated personnel provided that special education personnel certificated pursuant to section 15-203 are involved in the planning, progress monitoring and when appropriate involved in the delivery of the specially designed instruction. Pupils who receive special education shall not be required to achieve passing scores on the statewide assessment or the test that is identical to the civics portion of the naturalization test under Section 15-701.01 in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil’s grade level in a specific academic area and unless a passing score on the statewide assessment or the test that is identical to the civics portion of the naturalization test under Section 15-701.01 is specifically required in a specific academic area by the pupil’s individualized education program as mutually agreed on by the pupil’s parents and the pupil’s individualized education program team or the pupil, if the pupil is at least eighteen years of age. The pupil’s individualized education program shall include any necessary testing accommodations. Special education services shall be provided at no cost to the parents of children with disabilities.
Terms Used In Arizona Laws 15-763
- Charter school: means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement. See Arizona Laws 15-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Individualized education program: means a written statement, as defined in 20 United States Code §§ 1401 and 1412, for providing special education and related services to a child with a disability. See Arizona Laws 15-761
- Individualized education program team: means a team whose task is to develop an appropriate educational program for the child and has the same meaning prescribed in 20 United States Code § 1414. See Arizona Laws 15-761
- Parent: means :
(a) Either a natural or adoptive parent of a child. See Arizona Laws 15-761
- School district: means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school. See Arizona Laws 15-101
- Special education: means specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child. See Arizona Laws 15-761
- Specially designed instruction: means adapting the content, methodology or delivery of instruction to address the unique needs of a child with a disability and to ensure that child's access to the general curriculum as identified in the academic standards adopted by the state board of education. See Arizona Laws 15-761
B. The state board of education shall adopt guidelines to define a parent‘s or guardian‘s role or a pupil’s role, if the pupil is at least eighteen years of age, in the development of a pupil’s section 504 plan as defined in section 15-731, including testing and testing accommodations.
C. For the purposes of determining the services to pupils served by private schools under existing federal law, the state shall consider the term to include homeschooled pupils.
D. If federal monies are provided to a school district or a charter school for special education services to homeschooled or private schooled pupils, the school district or charter school shall provide the services to both the homeschooled pupils and the private schooled pupils in the same manner.
E. For the purposes of this section, "special education" has the same meaning prescribed in section 15-1201.