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HB2621 - 572R - S Ver
Senate Engrossed
House Bill
public
schools; special education; access
(now: access;
special education; public schools)
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2621
AN
ACT
amending title 15, chapter 7, article 4,
Arizona Revised Statutes, by adding section 15-768; amending sections 15-797,
15-816, 15-823, 15-823.01, 15-824, 15-825, 15-944,
15-947, 15-976 and 15-1185, Arizona Revised Statutes;
relating to public education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title
15, chapter 7, article 4, Arizona Revised Statutes, is amended by adding
section 15-768, to read:
START_STATUTE
15-768.
Pupils residing in unorganized territory; pupils placed by a
court or state placing agency; definitions
A. The
parent of a pupil who resides in an unorganized territory may request a child
find screening, a special EDUCATION evaluation or enrollment of the pupil in
the
adjoining school district
that
is geographically closest to the pupil's residence.� A school district that
receives a request pursuant to this subsection is responsible for all
child find activities for that pupil. If a parent of a pupil who is a child
with a disability as defined in section 15-761
requests
enrollment of the pupil in
a school district
pursuant to this subsection, the school district is responsible for
providing a free appropriate public education to the pupil.
B. Each
program that provides early intervention services pursuant to part C of the
individuals with disabilities education act (20 United States Code sections
1401 through 1485) to pupils who reside in unorganized territories shall
initiate the process for transitioning the pupils from part C to part B of the
individuals with disabilities education act by
notifying
the department of education and referring the pupil to the adjoining school
district that is geographically closest to the pupil's residence for a special
education evaluation and transition at least ninety days before the pupil's
third birthday.
If a program determines that a pupil who
resides in an unorganized territory is eligible for early intervention services
pursuant to part C of the individuals with disabilities education act more than
forty-five days but fewer than ninety days before the pupil's third
birthday, the program shall initiate the process for transitioning the pupil
from part C to part B of the individuals with disabilities act pursuant to this
subsection as soon as possible, consistent WITH federal law.
c. If the
adjoining
school district that is
geographically closest to the
residence of a pupil described in subsection B of this section conducts
a special educati0n evaluation of the pupil and determines
that The pupil is eligible for special education and related
services under part B of the individuals with disabilities education act, the
pupil's parents may request enrollment of the pupil in the school district
at any time and the school district shall inform the pupil's parent
that the pupil's parent may request enrollment of the pupil. On
receipt of a request for enrollment pursuant to this subsection, a school
district shall prepare a certificate of educational convenience application for
the pupil as prescribed by section 15-825 and offer a free appropriate
public education to the pupil.
D.
if A pupil
resides in an unorganized territory and either is parentally placed in a
private school or attends a homeschool
, the following
apply:
1.
The pupil Retains
The rights established by 20 united states code section
1412, including the rights to be identified, located and evaluated for
eligibility under part B of the individuals with disabilities education act.
2. If the pupil is parentally placed
in a nonprofit private school or attends a homeschool, the pupil retains the
right to equitable services under proportionate share funding pursuant to 20
United States code section 1412.
3. The school district that is
responsible for conducting the activities described in paragraph 1 of this
subsection and for providing the services described in paragraph 2 of this
subsection for the pupil is:
(
a
) If the
pupil is parentally placed in a nonprofit private school that is located within
the boundaries of a school district, the school district in which the private
school is located.
(
b
) If the
pupil is parentally placed in a nonprofit private school that is located in an
unorganized territory, the adjoining school district that is geographically
closest to the private school.
(
c
) If the
pupil attends a homeschool or is parentally placed in a private school that is
not a nonprofit, the adjoining school district that is geographically closest
to the pupil's residence.
E. If
a pupil is placed by a state placing agency or a court of competent
jurisdiction in a residential placement described in section 15-823,
subsection C and either is parentally placed in a private school or attends a
homeschool, the following apply:
1. The
pupil retains the rights established by 20 United States Code section 1412,
including the rights to be identified, located and evaluated for eligibility
under part B of the individuals with disabilities education act.
2. If
the pupil is parentally placed in a nonprofit private school or attends a
homeschool, the pupil retains the right to equitable services under
proportionate share funding pursuant to 20 United States Code section 1412.
3. The
school district that is responsible for conducting the activities described in
paragraph 1 of this subsection and for providing the services described in
paragraph 2 of this subsection for the pupil is:
(
a
) If the pupil is parentally placed in a nonprofit private
school that is located within the boundaries of a school district, the school
district in which the private school is located.
(
b
) If the pupil is parentally placed in a nonprofit private
school that is located in an unorganized territory, the adjoining school
district that is geographically closest to the private school.
(
c
) If the pupil attends a homeschool or is parentally placed
in a private school that is not a nonprofit and the residential placement is
located within the boundaries of a school district, the school district in
which the residential placement is located.
(
d
) If the pupil attends a homeschool or is parentally placed
in a private school that is not a nonprofit and the residential placement is
located in an unorganized territory, the adjoining school district that is
geographically closest to the residential placement.
F. On request from a pupil or a
pupil's parent, a county school superintendent shall identify the adjoining
school district that is geographically closest to the pupil's residence or
residential placement.
G. For
the purposes of this section:
1. "Child
find activities" means state obligations pursuant to 20 united states code
section 1412(
a
)(3), the federal regulations issued
pursuant to the individuals with disabilities education act and the rules
adopted by the state board of education relating to the identification and
referral of children with disabilities by public schools.
2. "Free
appropriate public education" has the same meaning prescribed in 20 United
States code section 1401.
3. "Homeschool"
has the same meaning prescribed in section 15-802.
4. "Unorganized
territory" has the same meaning prescribed in section 15-825.
5. "related
services" has the same meaning prescribed in 20 united states code section
1401.
6. "Special
education" has the same meaning prescribed in 20 united states code
section 1401.
7. "
special education evaluation" means an evaluation conducted
pursuant to section 15-766
and rules adopted by the
state board of education.
8. "State
placing agency" has the same meaning prescribed in section 15-1181.
END_STATUTE
Sec. 2. Section 15-797, Arizona Revised Statutes, is amended to read:
START_STATUTE
15-797.
Financial provisions for students in alternative education
programs and alternative schools
A. School
districts may count students for daily attendance as provided in section 15-901
who are not actually and physically in attendance in a recognized common or
high school but who are enrolled in and actually and physically in attendance
in an alternative education program or alternative school that is provided by
any public body or private person and that meets the standards that the state
board of education and the governing board prescribe for the course of study
given in the common and high schools.
B. The
governing board of a school district shall prescribe procedures for verifying
the attendance of students enrolled in an alternative education program or
alternative school that is provided by any public body or private person.
C. The
governing board may pay for the cost of educating students as provided in this
article not to exceed the cost per student count as provided in section 15-824,
subsection
G
F
.
D. School districts operating alternative education
programs or alternative schools pursuant to this section and charter schools
operating on approved alternative calendars pursuant to section 15-183
shall comply with the annual hours of instruction requirement pursuant to
section 15-901.
END_STATUTE
Sec. 3. Section 15-816, Arizona Revised Statutes, is amended to read:
START_STATUTE
15-816.
Definitions
In this article, unless the context otherwise requires:
1. "Nonresident pupil" means a pupil who
meets all of the following:
(
a
) Is not a
resident pupil.
(
b
)
Resides in this state
.
�
and who
(
c
)
Is enrolled in or is seeking enrollment in a
school district other than the school district in which the pupil resides.
2. "Open enrollment" means a policy that
is adopted and implemented by a school district governing board to allow
resident transfer pupils to enroll in any school within the school district, to
allow resident pupils to enroll in any school located within other school
districts in this state and to allow nonresident pupils to enroll in any school
within the district pursuant to section 15-816.01.
3. "Resident pupil" means a pupil
who meets any of the following:
(
a
)
Whose
residence is within the attendance area of a school.
(
b
) Who resides
in an unorganized territory as defined in section 15-825 and whose
residence adjoins a boundary of the school district.
(
c
) Who resides
in an unorganized territory as defined in section 15-825 and whose
residence is located on tribal land.
(
d
) Who is
placed as described in section
15-823, subsection C.
4. "Resident school" means
:
(
a
) For a pupil
who resides in the school district,
a school that is within the
designated attendance area in which
a
the
pupil resides.
(
b
) For a pupil
who resides in an unorganized territory, the school that is geographically
closest to the pupil's residence and that serves the pupil's grade level.
(
c
) For a pupil
who is placed as described in section 15-823, subsection C, a school
within the designated attendance area in which the residential placement is
located.
5. "Resident transfer pupil" means a
resident pupil who is enrolled in or seeking enrollment in a school that is
within the school district but outside the attendance area of the pupil's
residence.
END_STATUTE
Sec. 4. Section 15-823, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-823.
Admission; residents of other school districts; nonresidents of
this state; children placed by a court or state placing agency; tuition;
definition
A. Except
as provided in subsections B,
C,
D, E, F, G
,
and
H
and
I
of this section, children of nonresidents of this state
may be admitted on payment of a reasonable tuition fixed by the governing
board.
B. The
governing board shall admit children of nonresident teaching and research faculty
of community college districts and state universities and children of
nonresident graduate or undergraduate students of community college districts
and state universities whose parent's presence at the district or university is
of international, national, state or local benefit without payment of tuition.
C. The
governing board shall admit children who are placed by a state placing agency
or a court of competent jurisdiction if the child's placement is located within
the boundaries of the school district and is any of the following:
1. A
state rehabilitation or correctional institution.
2. A
foster home or child care agency or institution that is licensed and supervised
by the department of child safety or the department of health services.
3. A
residential facility that is operated or supported by the department of
economic security or the department of health services.
4. Under
the supervision of the department of juvenile corrections, a residence pursuant
to the interstate compact on juveniles.
C.
D.
The
governing board shall admit children who are residents of the United States but
who are nonresidents of this state without payment of tuition if evidence
indicates that the child's physical, mental, moral or emotional health is best
served by placement with a grandparent, brother, sister, stepbrother,
stepsister, aunt or uncle who is a resident within the school district, unless
the governing board determines that the placement is solely for the purpose of
obtaining an education in this state without payment of tuition.
D.
E.
The
governing board may admit nonresident foreign students who are in exchange
programs without payment of tuition or as it may otherwise prescribe.
E.
F.
Notwithstanding
subsection
D
E
of this
section,
beginning
in the 2016-2017 school year
the governing board may admit the same number of
nonresident foreign students who are in exchange programs and who are
recipients of a J-1 visa pursuant to federal law, that is equal to the number
of resident students enrolled in that local education agency who are currently
participating in a foreign exchange program, as determined by the department,
without the payment of tuition.
F.
G.
The
governing board may admit children who are residents of the United States
without payment of tuition if evidence indicates that because the parents are
homeless or the child is abandoned, as defined in section 8-201, the
child's physical, mental, moral or emotional health is best served by placement
with a person who does not have legal custody of the child and who is a
resident within the school district, unless the governing board determines that
the placement is solely for the purpose of obtaining an education in this state
without payment of tuition.
G.
H.
The
governing board may admit children who are residents of the United States, but
who are nonresidents of this state, without payment of tuition if all of the
following conditions exist:
1. The
child is a member of a federally recognized Indian tribe.
2. The
child resides on Indian lands that are under the jurisdiction of the tribe of
which the child is a member.
3. The
area in the boundaries of the reservation where the child resides is located
both in this state and in another state of the United States.
4. The
governing board enters into an intergovernmental agreement with the governing
board of the school district in another state in which the nonresident child
resides. The intergovernmental agreement shall specify the number of
nonresident children admitted in this state and the number of resident children
that are admitted by the governing board in another state.
H.
I.
The
governing board may admit children who are residents of the United States, but
who are nonresidents of this state, without payment of tuition if all of the
following conditions exist:
1. The
child is enrolled in a year-round residential boarding academy located in this
state specializing in intensive instruction and skill development in sports,
music or acting.
2. The
child's parents have executed a current notarized guardianship agreement
covering the child while enrolled at the academy, which is a condition of
enrollment at the academy and authorizes academy representatives to act on
behalf of the child's parent or legal guardian in making all decisions on a
daily basis as to the child's activities and needs for medical, educational and
other personal issues.
I.
J.
The
governing board shall charge reasonable tuition for the number of nonresident
pupils who reside in another state and who are admitted by a governing board in
this state pursuant to subsection
G
H
of this
section that exceeds the number of resident pupils from this state who are
admitted into a school district by the other state.
J.
K.
The
governing board of a school district shall pay reasonable tuition for the
number of resident pupils who reside in that school district and who are
admitted by a school district in another state pursuant to subsection
G
H
of this
section that exceeds the number of nonresident pupils from that other state who
are admitted by the governing board into that school district in this state.
K.
L.
Children
admitted under this section shall be counted or not counted as resident pupils
as prescribed in section 15-824, subsection D.
L.
M.
Except as
provided in subsections
E
F
,
H
I
and
K
�
L
of this
section, a school district or a charter school shall not include pupils who are
not residents of this state in the district's or charter school's student count
and shall not obtain state funding for those pupils.
N. On or
before June 30, 2027, each state placing agency shall develop a form for
attesting that a child is placed by the state placing agency in one of the
residential placements described in subsection C of this section.� Beginning in
fiscal year 2027-2028, on request from a student's parent, a school
district official or a county school superintendent, a state placing agency
shall provide an attestation form for a child who is placed by the state
placing agency and who is identified in the request.
A school district shall accept an attestation form that is
provided pursuant to this subsection as evidence of the child's eligibility for
enrollment pursuant to subsection C of this section
.� If a student's
parent, county school superintendent or state placing agency does not provide
to a school district an attestation form on enrollment of a child described in
subsection C of this section, the school district may request an attestation form
from the state placing agency.
O. On
request by the parent of a child described in subsection C of this section, a
school district shall allow the child to remain enrolled as a resident pupil in
the same school regardless of any subsequent change in the child's residence if
both of the following conditions are met:
1. The
child is in one of the residential placements described in subsection C of this
section.
2. The
residential placement is located Either:
(
a
) Within
The boundaries of the school district in which the child seeks to remain enrolled.
(
b
) Within
the boundaries of an adjoining school district to the school district in which
the child seeks to remain enrolled.
(
c
) In an
unorganized territory and the adjoining school district that is geographically
closest to the child's residential placement is an adjoining school district to
the school district in which the child seeks to remain enrolled.
P. For
the purposes of
this section, "state placing agency" has the same meaning prescribed
in section 15-1181.
END_STATUTE
Sec. 5.
Section 15-823.01, Arizona Revised Statutes, is
amended to read:
START_STATUTE
15-823.01.
Admission of
nonresident children; services or accommodations for children with
disabilities; active military duty; posting requirement; definitions
A. Notwithstanding
any other law, a
pupil
child
complies
with the residency requirements for school attendance in a local education
agency
or
for services or accommodations
if the parent of the
pupil
child
is
transferred to or is pending transfer to a military installation within this
state while on active military duty pursuant to an official military order.
B. A
local education agency shall accept an application for enrollment and course
registration by
electronic
any
means
, including by
electronic means or a remote application,
for a pupil who meets the
requirements prescribed in subsection A of this section, including enrollment
in a specific school or program within the local education agency.
C. The
parent of a
pupil
child
who meets the requirement prescribed in subsection A of this section
shall provide proof of
residence
residency
to the local
education agency within ten days after the arrival date provided on official
documentation. The parent may use the address of any of the
following as proof of
residence
residency
for the purposes of this subsection:
1. A
temporary on-base billeting facility.
2. Temporary off-base lodging.
2.
3.
A purchased or leased home or apartment.
3.
4.
Any federal government housing or off-base military
housing, including off-base military housing that may be provided through
a public-private venture.
5. Any other temporary housing.
D. If a school district is notified that a
child who meets the requirement prescribed in subsection A of this section is
receiving or might be eligible to receive services or accommodations, the
school district shall:
1. Promptly coordinate with the child's
parents and the child's previous school, if any, pursuant to section 15-1911
to ensure the timely exchange of records and to reduce any delays in the child
receiving comparable services or accommodations through the school district or
delays in the implementation of an individualized family service plan,
individualized education program or section 504 plan as defined in section 15-731.
2. accept unofficial records that are
provided by the child's parent, pending validation by the official records,
pursuant to section 15-1911, article IV, subsection A.
3. On
enrollment of the child pursuant
to subsection B of this section:
(
a
) Provide
the child with services or accommodations that are comparable to the services
or accommodations that are described in the child's previously approved
individualized education program or section 504 plan as defined in section 15-731,
in consultation with the child's parents, until the school district conducts an
assessment or develops a new individualized education program, if appropriate.
(
b
) Either
adopt and implement the child's previously approved individualized education
program or develop, adopt and implement a new individualized education program
for the child not later than thirty calendar days after the child enrolls in the
school district.
E.
The department of education shall
post information on the requirements of this section, including requirements
relating to eligibility and required documentation, on the department's
website.
D.
F.
For the purposes of this section:
1. "Active
military duty" means full-time military duty status in the active
uniformed service of the United States, including members of the national guard
and the state military reserve on active duty orders.
2. "Military
installation" means a base, camp, post, station, yard, center, homeport
facility for any ship or other installation under the jurisdiction of the
United States department of defense or the United States coast guard.
3.
"Parent"
has the same meaning prescribed in section 15-761.
4.
"Services or
accommodations" means any services or accommodations that are provided
through a local education agency pursuant to the individuals with disabilities
education act (p.l. 91-260; 84 stat. 175; 20 United States Code sections
1400 through 1482), section 504 of the rehabilitation act of 1973 (p.l. 93-112;
87 stat. 355; 29 United States Code section 794) or title II of the Americans
with disabilities act of 1990 (p.l. 101-336; 104 stat. 327; 42 United
States Code sections 12131 through 12165).
END_STATUTE
Sec. 6. Section 15-824, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-824.
Admission of pupils of other school districts; homeless children;
tuition charges; definitions
A. The governing board of a school district shall
admit pupils from another school district or area as follows:
1. On the presentation of a certificate of
educational convenience issued by the county school superintendent pursuant to
section 15-825.
2. For three hundred fifty or fewer pupils, to a
high school without the presentation of a certificate of educational
convenience, if the pupil is a resident of a common school district within this
state that is not within a high school district and that does not offer
instruction in the pupil's grade. The three hundred fifty or fewer pupil
limitation prescribed in this paragraph does not apply to a small isolated
school district as defined in section 15-901. The school membership of
such pupils is deemed, for the purposes of determining student count and
providing a free and appropriate public education pursuant to the individuals
with disabilities education act (20 United States Code chapter 33) and for
apportionment of state aid, to be enrollment in the school district of the
pupil's attendance.
3. To a high school without the presentation of a
certificate of educational convenience if the pupil is a resident of a
transporting school district that does not offer instruction in the pupil's
grade. Tuition shall be charged as prescribed in subsection E of this section
for each pupil who is admitted pursuant to this paragraph. For the purposes of
determining student count and for apportionment of state aid, the school
membership of these pupils is deemed to be enrollment in the school district of
the pupil's residence.
B. The residence of the person having legal custody
of the pupil is considered the residence of the pupil, except as provided in
subsection C of this section and in section
15-825,
subsection B
15-823, subsection C
.
C. The current residence of a homeless pupil who
does not reside with the person having legal custody of the pupil is considered
to be the residence of the homeless pupil if the person having legal custody of
the pupil is a resident of the United States. For the purposes of
this subsection, "homeless pupil" means a pupil who has a primary
residence that is:
1. A supervised publicly or privately operated
shelter designed to provide temporary living accommodations.
2. An institution that provides a temporary
residence for individuals intended to be institutionalized.
3. A public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for human beings.
D. The school enrollment of a pupil who is a
resident of this state or who is admitted to a school district under section 15-823,
subsection B, C,
E,
D,
F
, G
or
H
I
is deemed, for the purpose of determining student count and
for apportionment of state aid, to be enrollment in the school district of
actual attendance, except as provided in section 15-825, subsection A,
paragraph 1 and subsection A, paragraph 3 of this section and except for pupils
for whom the superintendent of public instruction is charged tuition pursuant
to section 15-825,
subsections B and
D
subsection B
and section 15-976 or
for whom another school district is charged tuition as provided in subsections
E and
G
F
of this section.
E. If tuition is required to be charged for pupils
attending school in a school district other than that of their residence, the
tuition shall be determined and paid in the following manner:
1. The number of high school pupils for which
tuition may be charged to a transporting school district is equal to the
average daily membership in the district of attendance from the transporting
school district for the prior fiscal year. This number may be adjusted if the
transporting school district increases its revenue control limit and district
support level.
2. The tuition for pupils attending school in a
school district other than that of their residence, except pupils provided for
by section 15-825,
subsections B and D
subsection B
and any pupils included in
the definition of child with a disability in section 15-761, shall not
exceed the cost per student count of the school district attended, as
determined for the current school year. Tuition for pupils included
in the definition of child with a disability in section 15-761 shall not
exceed the actual cost of the school attended for each pupil as determined for
the current year. The school district of attendance shall not
include in the cost per student count a charge for transportation if no
transportation is provided, and the charge for transportation shall not exceed
the actual costs of providing transportation for the pupils served, as
prescribed in the uniform system of financial records. The school
district of attendance shall provide the school district of residence with the final
tuition charge for the current year and with an estimate of the budget year's
tuition charge by May 1 of the current year. The school district of
residence shall pay at least one-fourth of the total amount of the
estimated tuition by September 30, December 31 and March 31, and it shall pay
the remaining amount it owes after adjustments are made by June 30.
3. Notwithstanding paragraph 2 of this subsection
and subsection
G
F
of this section, if two school districts enter into a
voluntary agreement for the payment of tuition, the agreement shall specify the
method for computing the tuition amount and the timing of the payments.� The
agreement shall not be longer than five consecutive years. If two
school districts enter into an agreement and choose to renew the agreement,
each renewal shall not be longer than five consecutive years.� The agreement
shall specify that a parent or legal guardian of a pupil affected by a tuition
agreement entered pursuant to this section or section 15-816.01 may
choose not to send the pupil or pupils to a school district or school that is a
party to the agreement.
4. Tuition of pupils as provided in section 15-825,
subsection
D
B
shall not
exceed the excess costs for group B children with disabilities minus the amount
generated by the equalization base as determined in section 15-971,
subsection A for these pupils. A school district may submit to the
superintendent of public instruction a record of actual excess costs to educate
a group B child with a disability if the costs are higher than the calculated
excess costs or if a pupil has been placed in a private school for special
education services. The superintendent shall determine if the
additional costs will be paid, and if the costs are paid, whether the
additional costs will be paid by the state or the resident district.
5. The amount received representing contributions to
capital outlay as provided in subsection
G
F
, paragraph 1, subdivision (b)
of this section shall be applied to the capital outlay fund or the debt service
fund of the school district.
6. The amount received representing contributions to
debt service as provided in subsection
G
F
, paragraph 1, subdivision (c)
of this section shall be applied to the debt service fund of the school
district if there is one. Otherwise the amount shall be credited to
the capital outlay fund of the school district.
F. A school district may submit to the
superintendent of public instruction a record of actual costs paid by the
school district to educate a pupil who qualifies for a certificate of
educational convenience under section 15-825, subsection B. If
the actual costs for that pupil exceed the costs per student count computed
pursuant to subsection G of this section, the superintendent of public
instruction shall reimburse the school district for these additional costs
subject to legislative appropriation.
G.
F.
For
the purposes of this section:
1. "Costs per student count" means the sum
of the following for the common or high school portion of the school district
attended, whichever is applicable to the pupil involved, as prescribed in the
uniform system of financial records:
(a) The actual school district expenditures for the
regular education program subsection of the maintenance and operation section
of the budget divided by the school district's student count for the common or
high school portion of the school district, whichever is applicable.
(b) The actual school district expenditures for the
capital outlay section of the budget as provided in sections 15-903 and
15-905 excluding expenditures for transportation equipment and buildings
if no transportation is provided and expenditures for the acquisition of
building sites, divided by the school district's student count for the common
or high school portion of the school district, whichever is applicable.
(c) The actual school district expenditures for debt
service divided by the school district's student count for the common or high
school portion of the school district, whichever is applicable.
2. "Legal custody" means:
(a) Custody exercised
by the natural or adoptive parents with whom a pupil resides.
(b) Custody granted by order of a court of competent
jurisdiction to a
person
or persons with whom a pupil resides unless the primary purpose for
which custody was requested was to circumvent the payment of tuition as
provided in this section.
END_STATUTE
Sec. 7. Section 15-825, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-825.
Certificates of educational convenience; issuance; effect on
enrollment records; reporting requirements; posting requirements; definitions
A. A pupil who is precluded by distance, lack of
adequate transportation facilities or a parent's or guardian's employment from
attending a school in the school district or county of the pupil's residence or
who resides in unorganized territory may apply to the pupil's school district
of residence or, for a pupil who resides in unorganized territory, the school
district of attendance for a certificate of educational
convenience. If a pupil who resides in unorganized territory does not
have a school district of attendance and seeks to
apply for a
certificate of educational convenience
enroll in a public
school in this state
, the pupil's parent
shall
may
enroll
the pupil in a school pursuant to article 1.1 of this chapter
and apply to the school district that operates that school for a
certificate of educational convenience
or
request enrollment of the pupil in
the adjoining school district
that is
geographically closest to the pupil's residence. If a pupil's parent requests
enrollment of the pupil in the adjoining school district that is geographically
closest to the pupil's residence by submitting online enrollment paperwork to
the school district, by attempting to enroll the pupil in person at a school
district office or at a school that is operated by the school district, or by
requesting enrollment assistance in a telephonic, electronic or in-person
communication with the school district or a school that is operated by the
school district, the school district shall enroll the pupil.
A school
district that receives
an application
a
request for enrollment
pursuant to this subsection shall submit
the
a
completed
certificate
of educational convenience
application
for the pupil
to
the county school superintendent electronically, in person or by regular mail
not later than five business days after receiving the request
and any required documentation, except that a school district may
submit the application by regular mail only if the school district CANNOT
electronically submit the application
.� If it appears to the county
school superintendent that it is not feasible for the pupil to attend a school
in the school district or county of residence, the county school superintendent
shall issue a certificate of educational convenience authorizing the pupil to
attend a school in an adjoining school district or county, whether within or
without this state.
A school district that receives a
request for enrollment or an application for a certificate of educational
convenience pursuant to this subsection may not delay child find activities,
parental consent for a special education evaluation or timelines under 34 code
of federal regulations section 300.301 or 300.323 because a certificate of
educational convenience application is processing.
� If a certificate of
educational convenience is issued as provided in this subsection, the school
enrollment of a pupil is as follows:
1. The school enrollment of a pupil who is precluded
from attending a school in this state and who must attend school in another
state, when certified to the county school superintendent by the official in
charge of the school attended, is deemed for the purpose of determining student
count to be enrollment in the school of the county or school district of the
student's residence.
2. The school enrollment of a pupil from unorganized
territory or from another school district is deemed for the purpose of
determining student count to be enrollment in the school district of actual
attendance.
B. The county school superintendent of
any county in which a pupil is placed as described in this subsection shall
issue a certificate of educational convenience for the pupil to attend school
in
the school district or adjoining school district to
that in which the pupil is placed
by an agency of this state or a state or
federal court of competent jurisdiction in one of the following:
1. A state rehabilitation or
corrective institution.
2. A foster home or child care agency
or institution that is licensed and supervised by the department of child
safety or the department of health services.
3. A residential facility that is
operated or supported by the department of economic security or the department
of health services.
4. Under the supervision of the
department of juvenile corrections, a residence pursuant to the interstate
compact on juveniles. Notwithstanding section 41-1959, the placing
agency, department or institution shall provide the school district of
attendance with the necessary information to enable the district to obtain a
certificate of educational convenience pursuant to this subsection.
C. A pupil attending school under a
certificate of educational convenience issued pursuant to subsection B of this
section is deemed for the purpose of determining student count to be enrolled
in the school district of attendance. The county school
superintendent of any county shall not issue a certificate of educational
convenience as provided in subsection B of this section if the pupil is placed
in the same district of the pupil's parents' or legal guardians' residence or
if the pupil is placed without a court order and the pupil's parents or legal
guardians are not residents of this state.
D.
B.
If a certificate of educational convenience is
issued
as provided in subsection B of this section, or
for
a pupil whose parent or guardian is employed and domiciled by a state
institution as prescribed by section 15-976, tuition may be charged as
follows:
1. For group B children with disabilities:
(a) Who are from unorganized territory
,
or
hose parent or guardian is employed by a state
institution as prescribed by section 15-976
or who have
been issued a certificate of educational convenience pursuant to subsection B
of this section
, the superintendent of public instruction shall
reimburse the district of attendance for the excess costs as provided in
section 15-824, subsection E, paragraph 4.
(b) Who are from another school district, the school
district of residence shall reimburse the district of attendance for the excess
costs as provided in section 15-824, subsection E, paragraph 4.
2. For pupils who are precluded from attending a
school in this state and who must attend a school in another state:
(a) If the pupil resides in a school district in
this state, the district of residence shall pay the amount charged by the
district of attendance.
(b) If the pupil resides in unorganized territory,
the superintendent of public instruction shall pay the amount charged by the
district of attendance.
E.
C.
The
county school superintendent who issues a certificate of educational
convenience shall notify the superintendent of public instruction of the
issuance of the certificate. The superintendent of public
instruction shall draw a warrant in favor of the school district of actual
attendance for the amount charged, whether for common or high school
attendance, as provided in section 15-824.
F.
D.
The
total amount of state monies that may be spent in any fiscal year by the
superintendent of public instruction for certificates of educational
convenience shall not exceed the amount appropriated or authorized by section
35-173 for that purpose. This section does not impose a duty
on an officer, agent or employee of this state to discharge a responsibility or
create any right in a person or group if the discharge or right would require
an expenditure of state monies in excess of the expenditure authorized by
legislative appropriation for that specific purpose.
E. Each county school superintendent
shall:
1. Not later than five business days
after receiving a certificate of educational convenience application pursuant
to this section, either:
(
a
) Issue a
certificate of educational convenience authorizing the pupil to attend the
school district that is identified in the application and notify the school
district and the pupil's parent that the certificate has been issued.
(
b
) Notify in
writing the school district that is identified in the application and the
pupil's parent that the county school superintendent is not issuing a
certificate of educational convenience for the pupil.� THE notification
required by this subdivision must explain the reason the county school
superintendent is declining to issue a certificate of educational convenience
and instructions for curing deficiencies in the application.
G.
2.
On
or before January 1 of each year,
each county school
superintendent shall
report to the department of education the total
number of certificates of educational convenience that the county school
superintendent issued pursuant to subsection A of this section during the
previous calendar year
and the total number of certificates of
educational convenience that the county school superintendent issued pursuant
to subsection B of this section during the previous calendar year
.
3. Before fiscal year 2027-2028,
develop and make publicly available a certificate of educational convenience
application form and instructions for submitting the application
form. A county school superintendent may develop an online
application portal for the purposes of this paragraph if the portal allows any
person who may submit an application pursuant to this section, including a
school district, a pupil, a pupil's parent or a pupil's legal representative,
to submit an application through the portal.
4. On request from a pupil or the
parent of a pupil who resides in an unorganized territory, identify the
adjoining school district that is geographically closest to the pupil's
residence.
H.
F.
The
department of education shall maintain the reports received under subsection
G
E, paragraph 2
of this section
and shall post the reports on the department's website
.
G. Each school district in this state
that adjoins an unorganized territory shall:
1. Include a certificate of
educational convenience application form and instructions regarding supporting
documentation with proof of residency documentation requirements in enrollment
packets.
2. Post on the school district's
website both of the following:
(
a
) The form
and instructions described in paragraph 1 of this subsection.
(
b
) Instructions
for parents who elect to submit the applications to the county school
superintendent.
H. Enrollment is guaranteed for any
pupil for whom a certificate of educational convenience is issued pursuant to
this section and is not subject to programmatic capacity limitations.
I. Subsection A of this section does
not preclude a pupil, a pupil's parent, a pupil's legal representative or any
other interested party from submitting an application for a certificate of
educational convenience for the pupil to the county school superintendent.
J. For the purposes of this section:
1. "Child Find" has the
same meaning prescribed in section 15-768.
2. "Free appropriate public
education" has the same meaning prescribed in section 15-768.
3. "Parent" has the same
meaning prescribed in section 15-761.
4. "Unorganized territory"
means a geographic area that is not located within the boundaries of any school
district.
END_STATUTE
Sec. 8. Section 15-944, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-944.
Base revenue control limit
A. The base revenue control limit for each school
district for fiscal year 1980-1981 is computed as follows:
1. Add the amounts in the fiscal year 1979-1980
budget effective May 15, 1980 for general operating and special education.
2. Subtract the following budgeted revenues from the
sum obtained in paragraph 1 of this subsection:
(a) Tuition paid for attendance of nonresident
pupils.
(b) State assistance as provided in section 15-976.
(c) Special education revenues as provided in
section 15-825, subsection
D
B
and section 15-1204.
(d) Proceeds from the sale or lease of school
property as provided in section 15-1102.
3. Add the increase in the base support level from
fiscal year 1979-1980 to fiscal year 1980-1981 to the difference
obtained in paragraph 2 of this subsection.
B. The equalization factor for each school district
is computed as follows:
1. Divide the sum obtained in subsection A,
paragraph 3 of this section by the base support level for fiscal year 1980-1981.
2. Subtract 1.0 from the quotient obtained in
paragraph 1 of this subsection to obtain the equalization factor.
C. The revenue variation factor for each fiscal year
is as follows:
1. For fiscal year 1981-1982, 0.80.
2. For fiscal year 1982-1983, 0.60.
3. For fiscal year 1983-1984, 0.40.
4. For fiscal year 1984-1985, 0.20.
D. The base revenue control limit for each school
district during the five years in which the equalization plan is in operation
is computed as follows:
1. Multiply the equalization factor by the revenue
variation factor for the applicable year. Beginning with fiscal year
1983-1984 if the resulting product is less than negative 0.08, use
negative 0.08 for computation purposes as provided in paragraph 2 of this
subsection.
2. Multiply the product obtained in paragraph 1 of
this subsection by the base support level for the applicable year.
3. Add the base support level for the applicable
year to the product obtained in paragraph 2 of this subsection.
E. For fiscal year 1985-1986 and each fiscal
year thereafter, the base revenue control limit equals the base support level
for the same fiscal year.
END_STATUTE
Sec. 9. Section 15-947, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-947.
Revenue control limit; district support level; general budget
limit; unrestricted total capital budget limit; district additional assistance
limit
A. The revenue control limit for a school district
is equal to the sum of the base revenue control limit determined in section 15-944
and the transportation revenue control limit determined in section 15-946.
B. The district support level for a school district
is equal to the sum of the base support level determined in section 15-943
and the transportation support level determined in section 15-945.
C. The general budget limit for each school
district, for each fiscal year, is the sum of the following:
1. The maintenance and operations portion of the
revenue control limit for the budget year.
2. The maintenance and operation portion of the
following amounts:
(a) Amounts that are fully funded by revenues other
than a levy of taxes on the taxable property within the school district, as
listed below:
(i) Amounts budgeted as the budget balance
carryforward as provided in section 15-943.01.
(ii) Tuition revenues for attendance of nonresident
pupils.
(iii) State assistance as provided in section 15-976.
(iv) Special education revenues as provided in
section 15-825, subsection
D
B
and section 15-1204.
(v) Title VIII of the elementary and secondary
education act of 1965 assistance determined for children with disabilities,
children with specific learning disabilities, children residing on Indian lands
and children residing within the boundaries of an accommodation school that is
located on a military reservation and that is classified as a heavily impacted
local educational agency pursuant to 20 United States Code section 7703 as
provided in section 15-905, subsections K and O.
(vi) Title VIII of the elementary and secondary
education act of 1965 administrative costs as provided in section 15-905,
subsection P.
(vii) State assistance for excess tuition as
provided in section 15-825.01.
(viii) Transportation revenues for attendance of
nonresident pupils.
(b) Amounts approved pursuant to an override
election as provided in section 15-481 for the applicable fiscal year.
(c) Amounts authorized by the county school
superintendent pursuant to section 15-974, subsection B.
(d) Expenditures for complying with a court order of
desegregation as provided in section 15-910.
(e) Interest on registered warrants or tax
anticipation notes as provided in section 15-910.
(f) Amounts budgeted for a jointly owned and
operated career and technical education and vocational education center as
provided in section 15-910.01.
3. The maintenance and operations portion of
district additional assistance for the budget year.
4. Any other budget item that is budgeted in the
maintenance and operation section of the budget and that is specifically exempt
from the revenue control limit or district additional assistance.
D. The unrestricted capital budget limit, for each
school district for each fiscal year, is the sum of the following:
1. The federal impact adjustment as determined in
section 15-964 for the budget year.
2. Any other budget item that is budgeted in the
capital outlay section of the budget and that is specifically exempt from
district additional assistance.
3. The unrestricted capital portion of the amounts
contained in subsection C of this section.
4. The unexpended budget balance in the unrestricted
capital outlay fund from the previous fiscal year.
5. The net interest earned in the unrestricted
capital outlay fund from the previous fiscal year.
END_STATUTE
Sec. 10. Section 15-976, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-976.
Assistance for school districts for children whose parents are
employed by certain state institutions; expenditure limitation
A. The superintendent of public instruction shall
assist school districts in educating children whose parents or legal guardians
are employed by and domiciled at the following state institutions and
stations: the state hospital, the Arizona state schools for the deaf
and the blind, intellectual disability centers, port of entry inspection
stations and institutions and facilities maintained by the state department of
corrections. The school enrollment is deemed for the purpose of
determining student count to be enrollment in the school district of actual
attendance. The assistance shall be by payment of tuition as
follows:
1. For group B children with disabilities, as
provided in section 15-825, subsection
D
B
.
2. For children other than group B children with
disabilities, the costs per student count as prescribed in section 15-824,
subsection
G
F
minus the amount generated by the equalization base as
determined in section 15-971, subsection A for those pupils, except that
the tuition for any pupil shall not exceed an amount equal to
seven
thousand dollars
$7,000
minus the amount generated
by the equalization base as determined in section 15-971, subsection A.
B. Claims for such payments shall be made by the
school districts through the county school superintendent to the superintendent
of public instruction.
C. The total amount of state monies that may be
spent in any fiscal year by the superintendent of public instruction pursuant
to subsection A of this section shall not exceed the amount appropriated or
authorized by section 35-173 for that purpose. This section
shall
does
not
be construed
to
impose a duty on an officer, agent or employee of this state to
discharge a responsibility or
to
create any right in a
person or group if the discharge or right would require an expenditure of state
monies in excess of the expenditure authorized by legislative appropriation for
that specific purpose.
END_STATUTE
Sec. 11. Section 15-1185, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-1185.
School district responsibility; integration into a school
A. For a child who is placed in a private
residential facility pursuant to this article, the home school district is
responsible for reviewing the child's educational progress and planning for
integrating the child into a public school when it is educationally
appropriate.
B. The private residential facility and the state
placing agency shall work with the home school district for purposes of
integrating the child into a public school when it is educationally
appropriate.
C. If a child who has been placed in a private
residential facility for care, safety or treatment reasons attends a public
school in other than the home school district on either a part-time or
full-time basis, the residential education voucher terminates
and the following apply:
1. The school district of attendance
must apply for a certificate of educational convenience as provided in section
15-825, subsection B
.
2.
If the child attends school
in the residential facility on a part-time basis, the school district of
attendance must
apply for a certificate of educational
convenience and
either provide direct services in the residential
facility or contract with the residential facility for that portion of
educational services that the private residential facility is to provide.
D. If a child who requires residential special
education placement is placed outside of the home school district and is able
to attend a nonresidential school on a part-time basis, the residential
special education placement voucher terminates. The school district
of attendance shall
apply for a certificate of educational
convenience and
pay a prorated tuition amount to the private residential
facility.
END_STATUTE