Ariz. Admin. Code § 9-13-105

Current through Register Vol. 30, No. 26, June 28, 2024

Section R9-13-105 - [Effective 7/7/2024] Notification; Follow-up

A. An administrator shall provide a notification to parents of students identified according to R9-13-102(A) and Table 13.1 that includes:

1. The dates on which hearing screenings are scheduled to be conducted during the school year,

2. Information about how the hearing screenings will be conducted, and

3. That a student will be excluded from hearing screening if:

a. The student has declined to receive a hearing screening, according to R9-13-102(B)(1);

b. The administrator has documentation that the student is deaf or hard of hearing, according to R9-13-102(B)(2);

c. The administrator receives documentation from the parent that includes the information listed in R9-13-105(B)(1); or

d. According to A.R.S. § 36-899.04, the student's parent objects to the student receiving a hearing screening, and the administrator receives from the parent the written notification that contains:

i. The student's name;

ii. A statement objecting to the student receiving a hearing screening, including:

(1) The school year during which the student should not receive the hearing screening, or

(2) Instruction that the student is not to receive a hearing screening until the parent notifies the administrator that the student may receive a hearing screening; and

iii. The parent's name, signature, and date signed.

B. Except if an administrator has received written notification for a student whose parent has objected to the student receiving a hearing screening, as specified in A.R.S. § 36-899.04, if an administrator plans to exclude a student from a hearing screening, as specified in R9-13-102(B)(2) or (B)(3), the administrator shall provide a notification to the student's parent that:

1. Requests the parent to provide the administrator with a copy of the specialist's audiological report dated within the past 12 months that contains:

a. The student's name;

b. The date the student's audiological evaluation was performed;

c. The type of audiological equipment used;

d. Whether the student has been diagnosed as being deaf or hard of hearing and, if so, the type and degree of hearing loss; and

e. The name of the specialist who performed the audiological evaluation;

2. Informs a parent that a student will receive a hearing screening if an administrator does not have:

a. Documentation of an audiological report in subsection (B)(1), or

b. Documentation specified in R9-13-105(A)(3)(d) stating that the parent does not want the student to have a hearing screening.

C. If a student did not receive a hearing screening due to behavior, an administrator shall provide notification to a student's parent within 10 school days after an initial hearing screening, as specified in Table 13.3, or a second hearing screening, as specified in R9-13-104(C), that includes:

1. The student's name; and

2. A description of the student's behavior.

D. If a student did not receive a hearing screening due to a visual condition of the outer ear, as specified in R9-13-103(B)(2), an administrator shall provide immediate notification to a student's parent after an initial hearing screening or a second hearing screening, that includes:

1. The student's name; and

2. A description of the visual condition of the outer ear.

E. If a student does not pass a second hearing screening, as specified in R9-13-104(C), an administrator shall provide notification to the student's parent within 10 school days that includes:

1. The student's name; and

2. The type of hearing screening the student received.

F. In addition to the notification information provided in subsections (C), (D), or (E), an administrator shall request that the parent:

1. Contact a specialist to:

a. Examine the student's ears; and

b. If applicable, perform an audiological evaluation; and

2. Provide to the administrator documentation received from the specialist who examined the student that includes:

a. The student's name;

b. The name of the specialist;

c. The date the specialist performed the services;

d. The type of services provided; and

e. If applicable:

i. The results of the examination of the student's ears;

ii. The results of the student's audiological evaluation, including diagnosis;

iii. Whether there is hearing loss and, if so, the type and degree of hearing loss; and

iv. A recommendation for treatment.

G. Within forty-five school days after sending a notification specified in subsection (F)(2), an administrator shall provide a follow-up notification to the student's parent to verify whether the student received an audiological evaluation and if evaluated, provide a diagnosis.

H. Within 10 school days after an administrator receives documentation from a specialist of a diagnosis that a student is deaf or hard of hearing, the administrator shall provide notification of the diagnosis, consistent with the privacy requirements in applicable law, to:

1. Each of the student's teachers,

2. Other school personnel who interact with the student, and

3. The persons responsible for determining the student's eligibility for special education services, as specified in R7-2-401.

I. An administrator shall provide a notification to parents of students identified according to Table 13.2 that includes:

1. The dates on which vision screenings are scheduled to be conducted during the school year,

2. Information about how the vision screenings will be conducted, and

3. That a student will be excluded from vision screening if:

a. The student has declined to receive a vision screening, according to R9-13-102(E)(1);

b. The administrator has documentation that the student is legally blind or has loss of vision, according to R9-13-102(E)(2);

c. The administrator receives documentation from the parent that includes the information listed in R9-13-105(J); or

d. According to A.R.S. § 36-899.10, the student's parent objects to the student receiving a vision screening, and the administrator receives from the parent the written notification that contains:

i. The student's name;

ii. A statement objecting to the student receiving a vision screening, including:

e. The school year during which the student should not receive the vision screening, or

f. Instruction that the student is not to receive a vision screening until the parent notifies the administrator that the student may receive a vision screening; and

g. The parent's name, signature, and date signed.

J. Except if an administrator has received written notification for a student whose parent has objected to the student receiving a vision screening, as specified in A.R.S. § 36-899.10, if an administrator plans to exclude a student from a vision screening, as specified in R9-13-102(E)(2) or (E)(3), the administrator shall provide a notification to the student's parent that:

1. Requests the parent to provide the administrator with a copy of the specialist's vision report dated within the past 12 months that contains the following information:

a. The student's name;

b. The date the student's eye examination was performed;

c. Whether the student has been diagnosed as being legally blind or has loss of vision, and, if so, the type and degree of vision loss; and

d. The name of the specialist who performed the eye examination;

2. Informs a parent that a student will receive a vision screening if an administrator does not have documentation:

a. Of a vision report in subsection (J)(1), or

b. Specified in R9-13-102(F) stating that the parent does not want the student to have a vision screening.

K. If a student did not receive a vision screening due to behavior, an administrator shall provide notification to a student's parent within 10 school days after an initial vision screening in Table 13.4 or a second vision screening, that includes:

1. The student's name; and

2. A description of the student's behavior.

L. If a student did not receive a vision screening due to a visual condition of the outer eyes, as specified in R9-13-103(H)(2), an administrator shall provide immediate notification to a student's parent after an initial vision screening, as specified in Table 13.4 or a second vision screening, that includes:

1. The student's name; and

2. A description of the visual condition of the eye.

M. If a student does not pass a second vision screening, as specified in R9-13-104(G), an administrator shall provide notification to the student's parent within 10 school days that includes:

1. The student's name; and

2. The type of vision screening the student received

N. In addition to the notification information provided in subsections (K), (L), or (M), an administrator shall request that the parent:

1. Contact a specialist to:

a. Examine the student's eyes; and

b. Perform a visual evaluation; and

2. Provide to the administrator documentation received from the specialist who examined the student that includes:

a. The student's name;

b. The name of the specialist;

c. The date the specialist performed the services;

d. The type of services provided; and

e. If applicable:

i. The results of the examination of the student's eyes;

ii. The results of the student's vision evaluation, including diagnosis;

iii. Whether there is vision loss and, if so, the type and degree of vision loss; and

iv. A recommendation for treatment.

O. Within 45 school days after sending a notification specified in subsection (M), an administrator shall provide a follow-up notification to the student's parent to verify whether the student received an eye examination and, if evaluated, provide a diagnosis.

P. Within 10 school days after an administrator receives documentation from a specialist of a diagnosis that a student is blind or has loss of vision, the administrator shall provide notification of the diagnosis, consistent with the privacy requirements in applicable law, to:

1. Each of the student's teachers,

2. Other school personnel who interact with the student, and

3. The persons responsible for determining the student's eligibility for special education services, as specified in R7-2-401.

Ariz. Admin. Code § R9-13-105

Adopted effective February 18, 1986 (Supp. 86-1). Amended effective October 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 3307, effective July 16, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 1827, effective 7/2/2019. Amended by final rulemaking at 30 A.A.R. 1949, effective 7/7/2024.