Arizona Laws 15-1183. Placement; voucher application requirements
A. A voucher may not be issued pursuant to this article and a residential special education placement may not be made in a private residential placement facility unless the requirements of section 15-765, subsection G have been met.
Terms Used In Arizona Laws 15-1183
- Child: means a person who is at least three years of age by September 1 of the current year but who is under twenty-two years of age. See Arizona Laws 15-1181
- Child with a disability: means a child with a disability as defined in section 15-761. See Arizona Laws 15-101
- Parent: means the natural or adoptive parent of a child, the legal guardian of a child, a relative with whom a child resides and who is acting as the parent of that child or a surrogate parent who has been appointed for a child pursuant to Section 15-763. See Arizona Laws 15-1181
- placement: means placement of a child in a private residential facility for residential special education placement as defined in section 15-761 or by a state placing agency for care, safety or treatment reasons. See Arizona Laws 15-1181
- Private residential facility: means a private facility that is licensed by the department of economic security or department of health services and to which one of the following also applies:
(a) For special education placements, the facility has been approved by the division of special education pursuant to section 15-765 for the purpose of providing special education and related services. See Arizona Laws 15-1181
- public school: means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve. See Arizona Laws 15-101
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- State placing agency: means the department of juvenile corrections, the department of economic security, the department of child safety, the Arizona health care cost containment system or the administrative office of the court. See Arizona Laws 15-1181
B. If a state placing agency places a child in a private residential facility for care, safety or treatment reasons, the state placing agency is responsible for requesting an initial residential education voucher and notifying the home school district of the placement. The home school district is responsible for completing screening or other identification procedures for determining if the child is a child with a disability as defined in section 15-761 and for reviewing the placement of a child with a disability to determine whether a residential special education placement is necessary. Responsibility for monitoring the educational services during the time a child is placed in the residential facility and for planning for transition from the private residential facility to a public school remains with the home school district.
C. An initial residential education voucher may be extended for good cause, as determined by the director of the division of special education, on application by the home school district. If an extension is denied or a home district fails to complete the requirements for a continuing residential education voucher, the home school district is responsible for payment of educational costs until the requirements of subsection B of this section have been met.
D. In order to receive a continuing residential education voucher, an evaluation pursuant to section 15-766 must be conducted and the following must occur:
1. The home school district shall provide prior written notice to the parent indicating that the child is or is not eligible for special education and shall submit to the department of education a copy of the prior written notice, the evaluation from which the eligibility decision is made and, if the child is eligible for special education but does not require residential special education placement, a copy of the individualized education program indicating the special education to be provided while the child is placed in the residential facility. If the child requires a residential special education placement, section 15-765, subsection G applies.
2. On receipt from the home school district of the documentation specified in paragraph 1, the department of education shall convert the initial residential education voucher to a continuing residential education voucher that is valid for no longer than the remainder of the school year during which it is issued.