Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 4 - SPECIAL EDUCATION › Section R7-2-401 - Special Education Standards for Public Agencies Providing Educational Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				purposes of this Article, the Individuals with Disabilities Education
				Improvement Act (IDEA),
				20 U.S.C.
				1400 et seq. and its implementing
				regulations,
				34 CFR
				300.1 et seq., are incorporated herein by
				reference. Copies of the incorporated material can be obtained from the U.S.
				Government Printing Office, https://book-store.gpo.gov/catalog/law-regulations
				or the Arizona Department of Education, Exceptional Student Services, 1535 West
				Jefferson Street, Phoenix, Arizona 85007.
B. Definitions. All terms defined in the
				IDEA, its implementing regulations and A.R.S. §
									15-761 are
				applicable, with the following additions:
1.
				"Accommodations" means the provisions made to allow a student to access the
				general education curriculum and demonstrate learning. Accommodations do not
				substantially change the instructional level, content or performance criteria,
				but are made in order to provide a student equal access to learning and equal
				opportunity to demonstrate what is known. Accommodations shall not alter the
				content of the curriculum or a test, or provide inappropriate assistance to the
				student within the context of the test.
2. "Administrator"
				means the chief administrative official or designee authorized to act on behalf
				of a public education agency.
3. "Boundaries of
				responsibility" means for:
a. A school
				district, the geographical area within its legally designated
				boundaries.
b. A charter school,
				the population of students enrolled in the charter school.
c. A public education agency other than a
				school district or charter school, the population of students receiving
				educational services from a public education agency.
4. "Child with a
				disability," has the same meaning prescribed in A.R.S. §
										15-761.
5.
				"Department" means the Arizona Department of Education.
6. "Exceptional
				Student Services " means the Exceptional Student Services Division of the
				Arizona Department of Education.
7. "Evaluator" means a
				person trained and knowledgeable in a field relevant to the child's disability
				who administers specific and individualized assessment for the purpose of
				special education evaluation and placement.
8. "Full and
				individual evaluation" means procedures used in accordance with the IDEA to
				determine whether a child has a disability and the nature and extent of the
				special education and related services that the child needs. This evaluation
				includes:
a. A review of existing information
				about the child;
b. A decision
				regarding the need for additional information;
c. If necessary, the collection of additional
				information; and
d. A review of all
				information about the child and a determination of eligibility for special
				education services and needs of the child.
9.
				"Independent educational evaluation" means an evaluation conducted by an
				evaluator who is not employed by the public education agency responsible for
				the education of the child in question.
10. "Informed written consent" means a person
				has been fully informed of all information relevant to the activity for which
				consent is sought, in the person's native language or through another mode of
				communication; the person understands and agrees in writing to the carrying out
				of the activity for which consent is sought; and the person understands that
				the granting of consent is voluntary and may be revoked at any time.
11.
				"Interpreter" means a person trained to translate orally or in sign language in
				matters pertaining to special education identification, evaluation, placement,
				the provision of free appropriate public education (FAPE), or assurance of
				procedural safeguards for parents and students who converse in a language other
				than spoken English. Each student's IEP team determines the level of
				interpreter skill necessary for the provision of FAPE.
12. "Multidisciplinary Evaluation Team" has
				the same meaning prescribed in A.R.S. §
										15-761.
13. "Modifications" means substantial changes in what
				a student is expected to learn and to demonstrate. Changes may be made in the
				instructional level, the content or the performance criteria. Such changes are
				made to provide a student with meaningful and productive learning experiences,
				environments, and assessments based on individual needs and abilities.
14. "Private school"
				means any nonpublic educational institution where academic instruction is
				provided, including nonsectarian and parochial schools, that are not under the
				jurisdiction of the state or a public education agency.
15.
				"Private special education school" means a nonpublic educational institution
				where instruction is provided primarily to students with disabilities. The
				school may also serve students without disabilities.
16. "Public education
				agency" or "PEA" means a school district, charter school, accommodation school,
				state supported institution, or other political subdivision of the state that
				is responsible for providing education to children with disabilities.
17. "Qualified professionals" means
				individuals who have met state approved or recognized degree, certification,
				licensure, registration or other requirements that apply in the areas in which
				the individuals are providing services such as screening, identification,
				evaluation, general education, special education or related services, including
				supplemental aids and services.
18. "Specially designed instruction" has the
				same meaning prescribed in A.R.S. §
										15-761.
19. "Special education teacher" means a teacher
				holding a special education certificate from the Arizona Department of
				Education.
20. "Suspension"  has the same meaning prescribed in A.R.S.
				§
										15-840.