Assigned to ED & APPROP AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1205
foster children; education; best interest
The Senate Education Committee and Senate Appropriations Committee adopted
conflicting amendments to S.B. 1205. While the purpose statement remains applicable for
S.B. 1205 as amended by either committee, two provisions sections are necessary to reflect the
details of S.B. 1205, as amended by the Senate Education Committee, separately from the details
of S.B. 1205, as amended by the Senate Appropriations Committee.
Purpose
Requires a best interest educational placement determination to be made within five days
of a child entering foster care, or if a child's placement changes, according to outlined
requirements.
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. §§ 8-503; 8-514;
8-529; 15-184; and 15-816.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions as Amended by the Education Committee
1. 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, parent, guardian or custodian; and
b) representatives from the child's school of origin.
2. Requires the child's potential new educational institution to be included in the child's best
interest educational placement determination process if it is determined that a child's school of
origin is not in the child's best interest.
3. Specifies that a best interest educational placement decision must prioritize the child's unique
needs. FACT SHEET – Amended
S.B. 1205
Page 2
4. Requires the new educational institution, within two days after a determination that an
educational placement change is in the child's best interest, 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 educational 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 the child's school of origin to ensure transportation for the child during the best
interest educational placement determination process.
8. Requires DCS to:
a) ensure that a child receives transportation to the educational institution determined to be in
the child's best interest; and
b) provide financial assistance to the child's parent, guardian or custodian for transportation,
if DCS and the child's new educational institution are unable to transport the child.
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 DCS 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.
11. Becomes effective on the general effective date.
Provisions as Amended by the Appropriations Committee
1. Requires, within five days of a child entering foster care or if a child's placement changes, the
following persons to determine whether it is in the child's best interest to remain at their school
of origin:
a) the child, if appropriate;
b) the child's caseworker;
c) the child's parent, guardian or custodian;
d) the child's caregiver or foster parent; and
e) representatives from the local education agency (LEA) or the child's school of origin.
2. Requires the child's potential new educational institution to be included in the child's best
interest educational placement determination process if it is determined that a child's school of
origin is not in the child's best interest. FACT SHEET – Amended
S.B. 1205
Page 3
3. Requires a best interest educational placement decision to be based on consideration of all
factors relating to the child's best interest, including the:
a) child's unique educational needs;
b) appropriateness of the current educational setting; and
c) proximity to the school in which the child is enrolled at the time of placement.
4. Requires the new educational institution, within two days after a determination that an
educational placement change is in the child's best interest, 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 educational 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 transportation for a child during the best interest educational placement
determination process;
b) ensure that a child receives transportation to the educational institution determined to be in
the child's best interest; and
c) provide financial assistance to the child's parent, guardian, custodian, caregiver or foster
parent for transportation, if DCS and the child's new educational institution are unable to
transport the child.
8. Allows DCS, in ensuring transportation to the child's best interest educational institution, to:
a) coordinate with the Arizona Department of Education (ADE) and LEAs; and
b) enter into necessary information sharing, data sharing and financial agreements.
9. Adds, to the information that DCS must make available on a semiannual basis by September
30 and March 31:
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.
10. Becomes effective on the general effective date.
Amendments Adopted by the Education Committee
1. Requires a child's parent, guardian or custodian, rather than primary caregiver, to participate
in the child's best interest educational placement determination.
2. Includes a potential new educational institution in a child's best interest educational placement
determination only if the child's school of origin is not in the child's best interest. FACT SHEET – Amended
S.B. 1205
Page 4
3. Removes the requirement for DCS to ensure that a child receives transportation outside the
child's current school district.
4. Requires DCS to provide financial transportation assistance to the child's parent, guardian or
custodian, rather than primary caregiver.
5. Transfers, from the Office of the Auditor General (OAG) to DCS, the requirement to report on
best interest educational placement determinations.
6. Removes the requirements that:
a) a school district must give enrollment preference to and reserve capacity for foster children;
and
b) a child enrolled in a school district must, on leaving foster care, remain through the end of
the school year.
7. Removes the requirements relating to OAG review of voter databases, lists and registration
programs.
Amendments Adopted by the Appropriations Committee
1. Requires a best interest educational placement determination to be made on whether it is in a
child's best interest to remain in their school of origin, rather than on which educational
institution is in the child's best interest.
2. Requires a placement decision to be based on all factors relating to the child's best interest,
including outlined factors, rather than to prioritize the child's unique needs.
3. Adds to the individuals who must be involved in the educational placement determination and
only requires the involvement of the potential new educational institution if the school of origin
is not in the child's best interest.
4. Transfers, from the child's school of origin to DCS, the responsibility to ensure transportation
during the child's educational placement process and removes the requirement to ensure
transportation outside the child's current school district.
5. Requires DCS to provide financial transportation assistance to the child's parent, guardian,
custodian, caregiver or foster parent, rather than primary caregiver.
6. Allows DCS, in ensuring transportation, to coordinate with ADE and LEAs and enter into
agreements as outlined.
7. Transfers, from the OAG to DCS, the requirement to report on best interest educational
placement determinations.
8. Removes the requirements that:
a) a school district must give enrollment preference to and reserve capacity for foster children;
and
b) a child enrolled in a school district must, on leaving foster care, remain through the end of
the school year. FACT SHEET – Amended
S.B. 1205
Page 5
9. Removes the requirements relating to OAG review of voter databases, lists and registration
programs.
10. Makes conforming changes.
Senate Action
ED 2/2/23 DPA 7-0-0
APPROP 2/14/23 DPA 7-3-0
Prepared by Senate Research
February 20, 2023
LB/MH/slp