A. Within five days after a child enters foster care or if a child’s placement changes, the child, if appropriate, the child’s caseworker, the child’s parent, guardian, custodian, caregiver or foster parent and representatives from the local education agency or the child’s school of origin shall determine if it is in the child’s best interest to remain in the child’s school of origin. The decision shall be based on all factors relating to the child’s best interest, including consideration of the child’s unique educational needs, appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. The department shall ensure transportation for the child during the best interest educational placement determination process. If it is determined that the school of origin is not in the best interest of the child, the new educational institution shall be included in the determination process.

Terms Used In Arizona Laws 8-530.04

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
  • department: means the department of child safety. See Arizona Laws 8-501
  • Foster parent: means any individual or individuals maintaining a foster home. See Arizona Laws 8-501
  • 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
  • Parent: means the natural or adoptive mother or father of a child. See Arizona Laws 8-501
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215

B. Within two days after it is determined that a change of educational placement is in the best interest of the child, the new educational institution shall enroll the child and the child’s school of origin shall transfer the child’s education records to the child’s new educational institution within two days after notice of the child’s change in educational placement. A child shall be immediately enrolled in the new educational institution even if the child does not possess the records normally required for enrollment in the child’s new educational institution or owes any outstanding fines or fees to the school of origin.

C. The department and educational agency shall jointly ensure that a child receives transportation to the educational institution determined to be in the child’s best interest, including a charter school or educational institution located outside of the child’s current school district. In ensuring a child receives transportation to the educational institution determined to be in the child’s best interest, the department may coordinate with the department of education and local education agencies and enter into necessary information sharing, data sharing and financial agreements. A school district may cross school district boundaries when transporting a student pursuant to this section. The department or educational agency may provide financial assistance to the child’s caregiver or other approved adult for transportation if the department and the child’s new educational institution are unable to transport the child.