Assigned to ED & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1205
foster children; education; best interest
Purpose
Requires a best interest educational placement determination to be made for a child
entering foster care or for a child whose placement changes according to outlined requirements.
Directs the Auditor General (OAG) to report data relating to best interest educational placements
and to review and report on outlined information relating to voter registration databases, county
early voting lists and voter registration programs.
Background
The Department of Child Safety (DCS) regulates child welfare agencies and licenses foster
homes. DCS or a child welfare agency may place a child in foster care consistent with the child's
best interests according to outlined factors, including the proximity of the home to the child's
current school or school district. A child in foster care has the right to: 1) go to school and receive
an education that fits the child's age and individual needs; and 2) attend community, school and
religious services and activities of the child's choice. Statute allows a school district or charter
school to give enrollment preference to children who are in foster care (A.R.S. ยงยง 8-503; 8-514;
8-529; 15-184; and 15-816.01).
Laws 2021, Chapter 405 requires the OAG to review the processes and statutory
requirements for maintaining the statewide voter registration database, county early voting lists
and the county voter registration databases for counties with a population of more than 1,000,000
persons and submit a report to the Legislature each even-numbered year. The Secretary of State
(SOS) and county recorders must provide the OAG with the total expenditures and descriptions of
voter registration programs and events. The Arizona Supreme Court: Arizona School Boards
Association, Inc. et al. v. State of Arizona, 61 Ariz. 4 (2022) deemed the portion of Laws 2021,
Chapter 405 relating to OAG review of voter registration databases and early voting lists
unconstitutional.
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Foster Child Best Educational Placement Determinations
1. Requires, rather than allows, a school district to give enrollment preference to children who
are in foster care and requires a school district to reserve capacity for children who are in foster
care. FACT SHEET
S.B. 1205
Page 2
2. Requires, within five days of a child entering foster care or if a child's placement changes, the
following persons to determine which educational placement is in the child's best interest:
a) the child's caseworker;
b) the child's primary caregiver;
c) representatives from the child's school of origin; and
d) representatives from the child's potential new educational institution.
3. Specifies that a best interest educational placement determination must prioritize the child's
unique needs.
4. Requires, within two days after a determination that an educational placement change is in the
child's best interest, the new educational institution to enroll the child.
5. Directs the child's school of origin to transfer the child's education records to the child's new
educational institution within two days after notice of the child's change in educational
placement.
6. Requires the new education institution to immediately enroll the child even if the child:
a) does not possess the records normally required for enrollment; or
b) owes any outstanding fines or fees to the school of origin.
7. Requires DCS to:
a) ensure that a child receives transportation to the educational institution determined to be in
the child's best interest, including a charter school or educational institution located outside
of the child's current school district; and
b) provide financial assistance to the child's primary caregiver for transportation, if DCS and
the child's new educational institution are unable to transport the child.
8. Requires the child's school of origin to ensure transportation for the child during the best
interest educational placement determination process.
9. Specifies that a school district may cross school district boundaries when transporting a child
to the educational institution determined to be in the child's best interest.
10. Requires a child enrolled in a school district according to enrollment preference and capacity
requirements, on leaving foster care, to remain in their current educational institution through
the end of the school year.
11. Requires the OAG to track, report and make publicly available:
a) the number of best interest educational placement determinations conducted;
b) the number of children who entered foster care and who did not receive a best interest
educational placement determination;
c) the final outcome of each best interest educational placement determination; and
d) data regarding the transportation of foster care children according to educational placement
requirements, including transportation costs and which agency was responsible for the
costs.
FACT SHEET
S.B. 1205
Page 3
OAG Review of Voter Registration and Early Voting Lists
12. Requires the OAG to review the processes and statutory requirements for maintaining the
statewide voter registration database, county early voting lists and the county voter registration
databases for counties with a population of more than 1,000,000 persons.
13. Requires the SOS and county recorders to:
a) notify the OAG in writing of the total expenditures made for voter registration programs
and events;
b) provide a description of the programs and events, including any political party affiliation;
and
c) specify their attendance at the programs, events and outreach activities and whether they
used third-party data in conducting these programs, events and activities.
14. Requires the OAG, by June 30 of each even-numbered year, to submit a report of its findings
to the President of the Senate and Speaker of the House and submit a copy of the report to the
SOS.
Miscellaneous
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2023
LB/MH/slp