Ariz. Admin. Code § 7-2-402

Current through Register Vol. 30, No. 45, November 8, 2024

Section R7-2-402 - Standards for Approval of Special Education Programs in Private Schools

A. Definitions. All terms defined in the regulations for the Individuals with Disabilities Education Improvement Act (IDEA) Amendments, A.R.S. § 15-761, and State Board of Education rule R7-2-401 are applicable.

B. No student may be placed by a public education agency in a private school special education school program unless the facility has been approved as meeting the standards as outlined in this rule, and the public education agency is unable to provide satisfactory education and services through its own facilities and personnel.

C. In order for a private special education school to be approved by the Department for the purpose of contracting with a public education agency, the private facility shall:

1. Provide special education instructional programs for students with disabilities that are at least comparable to those provided by the public schools of Arizona and meet the requirements of IDEA.

2. Provide the following documentation:

a. Policies and procedures based on IDEA and state statues;

b. Curriculum that is aligned with the Arizona Academic Standards;

c. A completed application;

d. Copies of all teacher and related service personnel certifications and licenses; and

e. If applicable, a copy of North Central Accreditation.

3. Provide certificated special education teachers in each classroom to implement the IEPs of those students assigned to that classroom.

4. Provide related services to meet the needs of the students as indicated on their IEPs.

5. Provide administration personnel such as head teacher, principal, or other administrator certificated in an administrative area or experienced and certificated in the appropriate area of special education.

6. Provide an education that meets the standards that apply to education provided by the public education agency.

7. Maintain student records in accordance with the statutory requirements.

8. Accept all responsibilities concerning instructional programs to the disabled student and parent or guardian that are required of the public schools of Arizona. Ultimate responsibility for any student under contract in a private special education school rests with the public education agency contracting for the students' education.

9. Administer all required statewide assessments to those students placed in the private facility by a PEA or through the educational voucher system.

10. Maintain adequate liability insurance.

11. Maintain an accounting system and budget which includes the costs of operation, maintenance, transportation, and capital outlay, and which is open to review upon request.

12. Maintain an attendance reporting system that provides public education agencies and the Department with required information.

13. Provide notification to contracting public education agencies and the Department of any changes in staff or deletion of programs within 10 school days of the change or deletion.

14. Provide notification to the contracting PEA of any intent to discontinue, suspend, or terminate services to a student for longer than 10 days. Services to the student must be continued by the private school until an IEP meeting with the PEA is convened to determine an appropriate alternative placement. The PEA must be given up to 10 school days to arrange for the transition of the student after the IEP determination.

15. Permit onsite evaluation of the program by the Department or its designees, and the representatives of the public education agencies.

16. Request approval to contract with public education agencies from the Department in accordance with the prescribed procedures.

Ariz. Admin. Code § R7-2-402

Former Section R7-2-402 repealed, new Section R7-2-402 adopted effective December 4, 1978 (Supp. 78-6). Amended by final rulemaking at 7 A.A.R. 1541, effective March 19, 2001 (Supp. 01-1). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4). Amended by exempt rulemaking at 15 A.A.R. 1849, effective May 19, 2008 (Supp. 09-2).