SB 1205
Initials SJ/CH Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: APPROP DPA 7-3-0-0 | ED DPA 7-0-0-0 | 3rd 27-0-3-0
House: ED DP 9-0-0-1
SB 1205: foster children; education; best interest
Sponsor: Senator Kaiser, LD 2
House Engrossed
Overview
Creates timeframe, transportation and arbitration requirements for the best interest educational
placement determination of a foster child.
History
The Department of Child Safety (DCS) must supervise, advise and cooperate with all child welfare
agencies. To that end, DCS must establish rules, regulations and standards for: 1) licensing of
child welfare agencies and foster homes; 2) classifications of foster homes; and 3) investigations,
reports and studies on the disposition of children and foster home placement (A.R.S. § 8-503).
DCS may place a child in a licensed foster home for care or adoption. The child must be placed
in the least restrictive type of placement available, consistent with their best interests. The best
interest of the child must consider the proximity of the placement home to the child's current
school or school district. A foster child has the right to attend community, school and religious
services and activities of their choice to the extent appropriate, as discussed with the child's
placement worker and caseworker and based on caregiver ability if transportation is available.
The foster child also has a right to go to school and receive an education that fits their age and
individual needs (A.R.S. §§ 8-514, 8-529).
DCS must make available prescribed information on a semiannual basis, including: 1) the number
of children placed in DCS care, custody and control; 2) the number of children being served in-
home and out-of-home; and 3) the total number of reports received (A.R.S. § 8-526).
School districts and charter schools may give enrollment preference to and reserve capacity for
children in foster care (A.R.S. §§ 15-184, 15-816.01).
Provisions
1. Requires, within five days after entering foster care or changing placement, the child (if
appropriate), the child's caseworker, the child's parent, guardian, custodian, caregiver or
foster parent and representatives from the local education agency (LEA) or child's school of
origin to determine if it is in the child's best interest to remain in their school of origin. (Sec. 2)
2. Stipulates the decision must be based on all factors relating to the child's best interest,
including:
a) consideration of the child's unique educational needs;
b) appropriateness of the current educational setting; and
c) the proximity to the child's enrolled school at the time of placement. (Sec. 2)
3. Directs DCS to ensure transportation for the child during the determination process. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1205
Initials SJ/CH Page 2 House Engrossed
4. Includes the new educational institution in the determination process if it is determined the
school of origin is not in the child's best interest. (Sec. 2)
5. Requires, within two days after it is determined that a change of placement is in the child's
best interest, the new educational institution to enroll the child. (Sec. 2)
6. Instructs, within two days after notice of the change in educational placement, the school of
origin to transfer the child's education records to the new educational institution. (Sec. 2)
7. Mandates a child be immediately enrolled in the new educational institution even if the child
does not possess normally required enrollment records or owes outstanding fines or fees to
the school of origin. (Sec. 2)
8. Instructs DCS and the educational agency to ensure 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. (Sec. 2)
9. Allows DCS to coordinate with and enter into necessary information sharing, data sharing and
financial agreements with the Arizona Department of Education (ADE) and LEAs. (Sec. 2)
10. Authorizes a school district to cross school district boundaries when transporting a student.
(Sec. 2)
11. Permits DCS or the educational agency, if either cannot transport the child, to provide financial
assistance to the child's caregiver or other approved adult for transportation. (Sec. 2)
12. Requires DCS and ADE to adopt an arbitration process to promptly resolve disputes between
DCS, LEAs and ADE regarding a child's transportation to a school determined to be in the
child's best interest. (Sec. 2)
13. Specifies the arbitration process must:
a) ensure the child's transportation to the school of origin or current educational placement
if a prior determination has been made until the dispute has been resolved; and
b) resolve a dispute within 10 business days after receipt. (Sec. 2)
14. Mandates DCS include, in the prescribed information it must make available on a semiannual
basis, information regarding the best interest educational placement determinations of foster
children, including:
a) the number of determinations conducted;
b) the number of children who entered foster care and did not receive a determination; and
c) each determination's final outcome. (Sec. 1)
15. Makes a technical correction. (Sec. 1)