A.R.S. §15-765(E) - “When a state placing agency initially places a pupil in a private residential facility, the home school district must conduct an evaluation pursuant to §15-766 or review the educational placement of a pupil who has previously been determined eligible for special education services.”
A.R.S. §15-1183(B) - “If a state placing agency places a child in a private residential facility for care, safety, or treatment reasons, the state placing agency is responsible for requesting an initial residential education voucher and notifying the home school district of the placement. The home school district is responsible for completing screening or other identification procedures for determining if the child is a child with a disability as defined in section 15-761 and for reviewing the placement of a child with a disability to determine whether a residential special education placement is necessary.”
The Home School District
A.R.S. §15-1183. Placement; voucher application requirements (B): “Responsibility for monitoring the educational services during the time a child is placed in the residential facility and for planning for transition from the private residential facility to a public school remains with the home school district.”
A.R.S. §15-1185. School district responsibility; integration into a school (A): “For a child who is placed in a private residential facility pursuant to this article, the home school district is responsible for reviewing the child’s educational progress and planning for integrating the child into a public school when it is educationally appropriate.” (B): “The private residential facility and the state placing agency shall work with the home school district for purposes of integrating the child into a public school when it is educationally appropriate.”
A.A.C. R7-2-404(6)(a). The home school district (HSD) shall regularly monitor the progress of students, ensure the annual review and revision of IEPs, and complete three-year reevaluations as applicable.
A.R.S. §15-1183(C) - “If an extension is denied or a home district fails to complete the requirements for a continuing residential education voucher, the home school district is responsible for payment of educational costs until the requirements of subsection B of this section have been met.”
There are between 1500 and 2000 students in the residential voucher system each year placed for care, safety, and treatment reasons by state placing agencies. In previous years, 55% of students were found not eligible for special education, while 45% were found eligible.
The group of people who would comprise a child’s individualized education program (IEP) team per IDEA 300.321 are:
(1) The parents of the child;
(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
(4) A representative of the public agency who -
(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the public agency.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
Parent participation is highly recommended, but parent consent is not required before a review of existing data as part of an evaluation or reevaluation per IDEA 34 CFR §300.300. If after the review of existing data the team determines that more data is needed, then consent would be required for the team to proceed.
Yes, the RTC representative is part of the team and needs to provide input into the evaluation per A.R.S. §15-765, but a writing a section of the report is not required from the RTC.
The law is clear on what is required for a voucher to be approved per A.R.S. §15-1183(C). A PWN stating that a student has no special education history will not suffice. Per A.R.S. §15-765(E) and A.R.S. §15-1183(B), an evaluation must occur. The documents needed are located at Required Documents for HSDs.
The HSD should include the evaluation documents that found the student not eligible for special education but eligible for the 504 plan. The documents needed are a copy of the 504 plan, all prior written notices (PWNs) involved in the process, and the special education ineligibility determination. Required documents are located at Required Documents for HSDs.
A GED is not considered a recognized high school diploma. If a student with a GED wants to continue his or her education at the RTC, the student is eligible for funding. A.R.S. §15-821 states, “all schools shall admit children who are between the ages of six and twenty-one years who reside in the school district and who meet the requirements for enrollment in one of the grades or programs offered in the school. A school may refuse to admit a child who has graduated from a high school with a recognized diploma."
Documents are submitted in HSD applications, instructions are located at Creating an HSD Application and Uploading Documents or Training for HSDs. Creating an HSD application is also the process for submitting a new IEP or reevaluation for students with current HSD applications. A new HSD application overrides the previous one, please make sure to change the new IEP and/or reevaluation date in the drop-down calendar within the application.
The evaluation documents are due in HSD applications by the expiration date of the Initial application, which is 60 days from the date of entry to the RTC or 90 days with an extension application.
An extension application extends the evaluation process by 30 days. The Initial application is valid for 60 days from the date of entry to the RTC, an approved extension application extends the evaluation to 90 days, but is only approved by ADE for valid reasons, instructions are located at Extension Application Instructions. If the home school district has current evaluation documentation, it should be uploaded in an HSD application, not in an extension application.
RTCs submit their calendars to ESS at the beginning of each fiscal year. The RTC calendars will be posted on the Residential Treatment Center Placement webpage. PEAs can download these calendars to enter into their (SIS) Student Information System.
The exit date for transfer in the voucher system will be the day before the entry date at the new facility.
If the student was receiving special education services until the parents revoked consent the HSD would choose non-special education (NSE) on the HSD application, upload the old MET, the document that revoked consent, and the prior written notice when the parent revoked consent.
The RTC must exit the student and use the flowchart to determine the next listed age-appropriate district or charter from the enrollment history. This typically occurs with 8th graders being promoted from an elementary district (K-8). The previous HSD will send a copy of the promotion certificate to the RTC and the new HSD. It is the responsibility of the elementary school district to forward all documents to the new HSD.
If residential placement is considered by an IEP team please contact the ESS Vouchers team. We will provide the contacts for the ACC-RBHA (AHCCCS Complete Care-Regional Behavioral Health Authority). The ACC-RBHA will become part of the IEP team and conduct a behavioral health assessment. The placement must be in an ADE-approved RTC for voucher funding. The documentation must be approved by ADE prior to placement at the RTC and the IEP must include exit criteria and a reintegration plan. Additional information on a Residential Special Education (RSE) placement is located on the Residential Treatment Center Placement webpage.
High-Cost Child (HCC) and Extraordinary Special Education Needs (ESEN) claims are processed through the ESS Vouchers and Claims system by ESS Program Management, not the ESS Vouchers team. Please make sure that you do not have the RTC, SPA, or Institutional Voucher role assignments as those roles will prevent you from accessing the ESS Vouchers and Claims system. For questions about HCC or ESEN contact [email protected].
Residential treatment centers apply for annual approval through the ESS Special Education Program Approvals (SEPA) application. Here, RTCs provide their curriculum, SPED policies, liability insurance, First Aid/CPR information, and SPED-certified teacher(s) verification. In addition, RTCs sign the RTC Agreements.
If you have limited data please allow the RTC approximately three weeks to get to know the student. Then, the RTC can provide input into the evaluation. Keep in mind that parent participation is highly recommended, but parent consent is not required before a review of existing data as part of an evaluation or reevaluation per IDEA 34 CFR §300.300. If after the review of existing data, the team determines that additional data is needed, then parent consent is required for the team to proceed.
ADE/ESS is pleased to release flowchart representations and reference documents for several evaluation processes: initial evaluation, reevaluation, and independent educational evaluation (IEE).
The ADE/ESS Assistive Technology (AT) Team is pleased to announce our 2024—2025 AT National Presenter series kickoff presentation, Assistive Technology Consideration and Assessment Made Easy, with Penny Reed, PhD. This presentation is intended for special education administrators, special education teachers, general education teachers, OTs, PTs, SLPs, and assistive technology specialists.