15-763. Plan for providing special education;
definition
A. All school districts and charter schools shall develop policies and procedures
for providing special education to all children with disabilities within the district or
charter school. All children with disabilities shall receive special education
programming commensurate with their abilities and needs. Each child shall be ensured
access to the general curriculum and an opportunity to meet the state's academic
standards. Pupils who receive special education shall not be required to achieve passing
scores on the Arizona instrument to measure standards test in order to graduate from high
school unless the pupil is learning at a level appropriate for the pupil's grade level in
a specific academic area and unless a passing score on the Arizona instrument to measure
standards test is specifically required in a specific academic area by the pupil's
individualized education program as mutually agreed on by the pupil's parents and the
pupil's individualized education program team or the pupil, if the pupil is at least
eighteen years of age. The pupil's individualized education program shall include any
necessary testing accommodations. Special education services shall be provided at no cost
to the parents of children with disabilities.
B. The state board of education shall adopt guidelines to define a parent's or
guardian's role or a pupil's role, if the pupil is at least eighteen years of age, in the
development of a pupil's section 504 plan as defined in section 15-731, including testing
and testing accommodations.
C. For the purposes of determining the services to pupils served by private schools
under existing federal law, the state shall consider the term to include home schooled
pupils.
D. If federal monies are provided to a school district or a charter school for
special education services to home schooled or private schooled pupils, the school
district or charter school shall provide the services to both the home schooled pupils
and the private schooled pupils in the same manner.
E. For the purposes of this section, "special education" has the same meaning
prescribed in section 15-1201.
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