Arizona Laws 15-766. Evaluation of child for placement in special education program; due process hearing procedures
A. A special education referral shall be made under the direction of the chief administrative official of the school district or county, or such person officially designated as responsible for special education, after consultation with the parent or guardian.
Terms Used In Arizona Laws 15-766
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- 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
- Child with a disability: means a child with a disability as defined in section 15-761. See Arizona Laws 15-101
- Contract: A legal written agreement that becomes binding when signed.
- Due process hearing: means a fair and impartial administrative hearing conducted by the state educational agency by an impartial administrative law judge in accordance with federal and state law. See Arizona Laws 15-761
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parent: means :
(a) Either a natural or adoptive parent of a child. See Arizona Laws 15-761
- person: means an individual, partnership, corporation, association or public or private organization of any kind. See Arizona Laws 15-101
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Public educational agency: means a school district, a charter school, an accommodation school, a state-supported institution or any other political subdivision of this state that is responsible for providing education to children with disabilities. See Arizona Laws 15-761
- Related services: means those supportive services, as defined in 20 United States Code § 1401, that are required to assist a child with a disability who is eligible to receive special education services in order for the child to benefit from special education. 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
- State educational agency: means the department of education. See Arizona Laws 15-761
- Subject: means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra. See Arizona Laws 15-101
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Before a child who is suspected of having a disability is placed in a special education program, an evaluation shall be made in accordance with the individuals with disabilities education act (20 United States Code § 1414) to determine whether a child is a child with a disability. A school district or charter school shall specify explicitly in the official notification to any parent that an initial evaluation may be conducted that the parent has the option to consent or refuse the initial evaluation in accordance with the individuals with disabilities education act (20 United States Code §§ 615 and 1414). This evaluation shall be conducted within sixty days after receiving parental consent for the evaluation. A reevaluation shall be conducted not more than once each year, unless the parent and the public education agency otherwise agree, and at least every three years if the public educational agency determines that the educational or related services needs of the child warrant a reevaluation, or if the child’s parents or teacher requests a reevaluation, unless the parent and the public education agency agree that a reevaluation is unnecessary.
C. Any evaluation components that are appropriate to consider under the specific circumstances may be shared by and among state agencies for the purpose of expediting completion of the evaluation and placement process.
D. The chief administrative official of the school district or county or the person officially designated as responsible for special education shall place the child, based upon the consensus recommendation of the individualized education program team and subject to due process pursuant to 20 United States Code § 1415, except that a child shall not be placed in a special education program without the written consent of the child’s parent or guardian.
E. The due process hearing procedures prescribed in this section extend to the parents of a child, a student who has reached the age of majority or the public educational agency or agencies involved in any decisions regarding the student. All due process hearings shall be conducted in accordance with federal and state laws governing the educational rights of children with known or suspected disabilities. The state board of education shall adopt rules for implementing this section that comply with the following:
1. The parent, the adult student or the public educational agency or agencies may initiate due process hearing procedures under either of the following circumstances:
(a) There is a proposal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.
(b) There is a refusal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.
2. Either the parent, the adult student or the public educational agency or agencies may initiate a due process hearing by submitting a written request to the state educational agency and the public educational agency involved in any decisions regarding the student. The state educational agency shall provide a model form that any party may use in requesting a due process hearing. The public educational agency shall promptly forward any requests received to the state educational agency. Any request received by the state educational agency shall be transmitted immediately to the office of administrative hearings and the public educational agency.
3. A decision made in a hearing conducted pursuant to this section shall be final, except that any party involved in a hearing may bring a civil action in any court of competent jurisdiction without regard to the amount in controversy.
F. The public educational agency shall pay all costs incurred by the office of administrative hearings associated with any hearing conducted pursuant to this section and the public educational agency or a public agency pool operated pursuant to Section 11-952.01 in which the public educational agency participates shall contract with the office of administrative hearings for this purpose.
G. Title 41, chapter 6, article 10 shall apply to all hearings to the extent not inconsistent with this section and federal and state law regarding the education of students with disabilities.