Bill Text: AZ SB1058 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Independent educational evaluations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-14 - Senate read second time [SB1058 Detail]
Download: Arizona-2020-SB1058-Introduced.html
PREFILED JAN 07 2020
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REFERENCE TITLE: independent educational evaluations |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1058 |
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Introduced by Senator Allen S
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AN ACT
amending Title 15, chapter 7, article 4, Arizona Revised Statutes, by adding section 15-766.01; relating to special 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 15-766.01, to read:
15-766.01. Independent educational evaluations; rules; definition
A. On request for an independent educational evaluation, a public educational agency shall provide to the parent of a child with a disability information about where an independent educational evaluation may be obtained and the agency criteria that apply to the independent educational evaluation, including reasonable cost limits.
B. An independent educational evaluation that is provided at public expense must conform to the same criteria that the public educational agency uses when it initiates an educational evaluation.
C. A public educational agency may decline to pay for an independent educational evaluation that does not meet agency criteria, including reasonable cost limits, if the agency criteria are consistent with federal law. A public educational agency is not required to request a due process hearing before declining payment on the basis of noncompliance with agency criteria, but the public educational agency shall demonstrate that the independent educational evaluation obtained by the parent did not meet agency criteria if the parent files a due process complaint to challenge the public educational agency's decision.
D. A public educational agency shall afford the parent of a child with a disability the right to an independent educational evaluation in conformity with this section and 34 Code of Federal Regulations section 300.502.
E. The state board of education, in consultation with the department of education, shall adopt rules establishing minimum standards for public educational agency criteria for independent educational evaluations.
F. For the purposes of this section, "independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the public educational agency that is responsible for the education of the child in question.
