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REFERENCE TITLE: foster children; educational support |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2542 |
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Introduced by Representatives Jones: Gillette, Marshall, Smith; Senators Gonzales, Wadsack
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An Act
amending section 8-530.04, Arizona Revised Statutes; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-530.04, Arizona Revised Statutes, is amended to read:
8-530.04. Educational placement; best interest of child; transportation; individualized support and intervention plan
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.
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 of child safety and the 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 of child safety 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 of child safety or the educational agency may provide financial assistance to the child's caregiver or other approved adult for transportation if the department of child safety and the child's new educational institution are unable to transport the child.
d. Within fifteen days after a child enters foster care or enrolls in a new educational institution, the child's caseworker, the child's parent, guardian, custodian, caregiver or foster parent and representatives from the local education agency shall assess the child's unique needs for individualized support and intervention. The local education agency shall implement an individualized support and intervention plan for the child. the individualized support and intervention plan may include any of the following:
1. screening and referral for mental or behavioral health services.
2. engaging the child in social, sports and academic activities at the educational institution.
3. tutoring services.
4. remedial instruction.
e. the local education agency shall consider the INDIVIDUALized support and intervention plan prescribed by subsection d of this section when determining whether to refer a child for an evaluation to determine if the child is eligible for special education and related services.
f. if the local education agency believes a child has a disability, the local education agency shall refer the child for an initial evaluation for special education services. the local education agency may not use the Implementation of an individualized support and intervention plan to delay a child's evaluation for special education services.