military children; special education; enrollment

HB4048 - 572R - I Ver

REFERENCE TITLE:
military children; special education; enrollment

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4048

Introduced by

Representative
Kupper

AN
ACT

amending section 15-823.01, Arizona
Revised Statutes; relating to school admission requirements.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. 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. "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