Annual Notification to Parents Regarding

Confidentiality of Student Education Records and School Directory Information

CHILD FIND Policy & Procedures

POLICY
Lifelong Learning Academy will ensure that all children with disabilities within their
population, who are in need of special education and related services are identified, located
and evaluated.

PROCEDURES
§300.111 CHILD FIND
1) Charter Schools will identify, locate and evaluate all children with disabilities within
their population served who are in need of special education and related services.
2) Child find must also include children who are suspected of being a child with a disability
and in need of special education, even though:
a) They are advancing from grade to grade
b) Highly mobile children, including migrant children.
3) The Lifelong Learning Academy will maintain a record of children who are receiving special
education and related services.


AAC R7-2-401.C Public Awareness
1) Lifelong Learning Academy shall inform the general public and parents within its boundaries
of responsibility of special education services for students aged 3 through 21 years and how to
access those services, including information regarding early intervention services for children
aged birth through 2 years.

AAC R7-2-401.D
1) Lifelong Learning Academy shall establish, implement and disseminate written procedures for
the identification and referral of all children with disabilities, birth through 21 years.
2) Lifelong Learning Academy will require all school based staff to review the written
procedures related to child identification and referral on an annual basis, and maintain
documentation of the staff review.
3) Identification (screening for possible disabilities) shall be completed within 45 calendar
days after:
a) Entry of each preschool or kindergarten student and any student enrolling
without appropriate records or screening, evaluation, and progress in
school; or
b) Parent notification of developmental or educational concerns
4) Screening procedures shall include vision and hearing status and
consideration of the following areas:
a) Cognitive or academic;
b) Communication;
c) Motor;
d) Social or behavioral; and
e) Adaptive development.

5) For a student transferring into a school, the Lifelong Learning Academy shall
review enrollment data and educational performance in the prior school. If
there is a history of special education for a student not currently eligible for
special education or poor progress, the name of the student shall be
submitted to the administrator for consideration of the need for a referral for a
full and individual evaluation or other services.
6) If a concern about a student is identified through screening procedures or
review of records, the parents of the student shall be notified of the concern
within 10 school days and informed of the Lifelong Learning Academy’s
procedures to follow-up on the student’s needs.
7) Lifelong Learning Academy shall maintain documentation of the identification
procedures utilized, the dates of entry into school, notification by parents of a
concern and the dates of screening. The dates shall be maintained in the
student’s permanent records.
8) If the screening indicates a possible disability, the name of the student shall be
submitted to the administrator for consideration of the need for a referral for a
full and individual evaluation or other services. A parent or a student may
request an evaluation of the student.
9) If, after consultation with the parent, the Lifelong Learning Academy
determines that a full and individual evaluation is not warranted, the Lifelong
Learning Academy shall provide prior written notice and procedural safeguards
notice to the parent in a timely manner.

CONFIDENTIALITY Policy & Procedures -
POLICY
Lifelong Learning Academy will ensure that protection of the confidentiality of any personally
identifiable data, information, and records collected or maintained by the agency will be in
accordance with §§300.611 through 300.627.

PROCEDURES

§300.613 ACCESS RIGHTS

1) Lifelong Learning Academy must permit parents to inspect and review any
education records relating to their children that are collected, maintained or
used by the agency under IDEA. The agency must comply with a request
without unnecessary delay and in no case more than 45 days after the request
has been made, and before:
a) Any IEP meeting;
b) Any hearing involving a due process complaint or disciplinary hearing;
c) Any resolution session




2) The right to inspect and review education records includes:
a) The right to a response from the agency to reasonable requests for
explanations and interpretations of the records;
b) The right to request that the agency provide copies of the records if
failure to provide those copies would effectively prevent the parent from
exercising the right to inspect and review the records; and
c) The right to have a representative of the parent inspect and review the
records.
3) Lifelong Learning Academy may presume that the parent has authority to
inspect and review records relating to his or her child unless the agency has
been advised to the contrary by legal proceeding involving guardianship,
separation and divorce.

§300.614 RECORD OF ACCESS
1) Lifelong Learning Academy will keep a record of parties obtaining access to
education records collected, maintained or used under IDEA (except access
by parents and authorized employees of the agency), including:
a) The name of the party;
b) The date access was given; and
c) The purpose for which the party is authorized to use the records.

§300.615 RECORDS ON MORE THAN ONE CHILD
1) If any education record includes information on more than one child, the
parents of those children have the right to inspect and review only the
information relating to their child.

§300.616 LISTS OF TYPES AND LOCATIONS OF INFORMATION
1) Lifelong Learning Academy must provide parents on request a list of the
types and locations of education records collected, maintained or used by
the agency.

§300.617 FEES
1) Lifelong Learning Academy may charge a fee for copies of records that are
made for parents if the fee does not effectively prevent the parents from
exercising their right to inspect and review records.
2) Lifelong Learning Academy may not charge a fee to search for or to retrieve
information.

§300.618 AMENDMENT OF RECORDS AT PARENT’S REQUEST
1) A parent who believes that information in the education records collected,
maintained or used by the agency is inaccurate or misleading or violates the
privacy or other rights of the child, may request the agency to amend the
information.



2) Lifelong Learning Academy must decide whether to amend the information in
accordance with the request in a reasonable period of time of receipt of the
request.
3) If the Lifelong Learning Academy refuses to amend the information in
accordance with the request, it must inform the parent of the refusal and
advise the parent of the right to a hearing under §300.619.

§300.619 OPPORTUNITY FOR A HEARING
1) Lifelong Learning Academy must, on request, provide an opportunity for a
hearing to challenge information in education records to ensure that it is not
inaccurate, misleading, or otherwise in violation of the privacy or other rights of
the child.

§300.620 RESULT OF HEARING
1) If, as a result of a hearing, Lifelong Learning Academy decides to amend
information determined inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the child, it must do so accordingly and so inform the
parent in writing.
2) If, as a result of a hearing, the Lifelong Learning Academy decides that the
information is not inaccurate, is misleading, or otherwise in violation of the
privacy or other rights of the child, it must inform the parent of the parent’s
right to place in the maintained records a statement commenting on the
information or setting forth any reasons for disagreeing with the agency’s
decision.

§300.622 CONSENT
1) Parental consent must be obtained before personally identifiable information is
disclosed to parties other than participating agencies, unless the information is
contained in education records and the disclosure is authorized without parent
consent under FERPA.
2) Parental consent must be obtained before personally identifiable information is
released to officials of participating agencies providing or paying for transition
services in accordance with §300.321.
3) If a child is enrolled, or is going to enroll in a private school that is not located
in the boundaries of the district of the parent’s residence, parental consent
must be obtained before any personally identifiable information about the child
is released between officials in the district where the private school is located
and officials in the district of the parent’s residence.

§300.623 SAFEGUARDS
1) The Lifelong Learning Academy must protect the confidentiality of personally
identifiable information at collection, storage, disclosure, and destruction
stages.
2) One official at the Lifelong Learning Academy must assume responsibility for
ensuring the confidentiality of any personally identifiable information.

3) All persons collecting or using personally identifiable information must receive
training or instruction regarding the State’s policies and procedures under
300.123 and FERPA (34 CFR part 99).
4) The Lifelong Learning Academy must maintain, for public inspection, a current
listing of the names and positions of its employees who may have access to
personally identifiable information.

§300.624 DESTRUCTION OF INFORMATION
1) Lifelong Learning Academy must inform parents when personally identifiable
information collected, maintained, or used for IDEA purposes is no longer
needed to provide educational services to the child.
2) The information must be destroyed at the request of the parents. However, a
permanent record of a student’s name, address, and phone number, his or
her grades, attendance record, classes attended, grade level completed, and
year completed may be maintained without time limitation.

§300.625 CHILDREN’S RIGHTS
1) The rights of the parents regarding educational records are transferred to the
student at age 18 under FERPA.
2) If the rights of the parents regarding educational records are transferred to the
student at age 18 under the IDEA, Lifelong Learning Academy must provide
any notice required under the procedural safeguards provisions.


DISCIPLINE Policy & Procedures -
POLICY
A child with a disability may be disciplined for a violation of the student code of conduct,
including removal from his or her current placement to an appropriate interim alternative
educational setting, another setting, suspension, or expulsion in accordance with IDEA
Regulations §§300.530 through 300.536.

PROCEDURES

§300.530 AUTHORITY OF SCHOOL PERSONNEL
1) On a case-by-case basis and in consideration of any unique circumstances,
school personnel may remove a child with a disability who violates a student
code of conduct from his or her current placement to an appropriate interim
alternative educational setting, another setting, or suspension, for not more
than 10 consecutive school days (to the extent those alternatives are applied
to children without disabilities), and for additional removals of not more than 10
consecutive school days in that same school year for separate incidents of
misconduct, as long as those removals do not constitute a change of
placement under §300.536.



2) After a child with a disability has been removed from his or her current
placement for 10 school days in the same school year, during any subsequent
days of removal the Lifelong Learning Academy must provide services to the
extent required to:
a) Enable the child to continue to participate in the general education
curriculum, although in another setting, and to progress toward meeting
his/her IEP goals; and
b) Receive, as appropriate, a functional behavioral assessment, behavioral
intervention services and modifications that are designed to address the
behavior violation so that it does not recur.
3) Lifelong Learning Academy is only required to provide services during periods
of removal to a child with a disability who has been removed from his or her
current placement for 10 days or less in that school year, if it provides
services to non-disabled children similarly removed.
4) After a child with a disability has been removed from his or her current
placement for 10 school days, and the current removal is for not more than 10
consecutive school days and not a change of placement, school personnel, in
consultation with at least one of the child’s teachers, determine the extent to
which services are needed, so as to enable the child to continue to participate
in the general education curriculum and to progress toward meeting the IEP
goals.
5) If the removal is a change in placement, the child’s IEP Team determines the
appropriate services.
6) Within 10 school days of any decision to change the placement of a child with
a disability because of a violation of a code of student conduct, the public
agency, parent, and relevant members of the IEP Team must review all
relevant information in the student’s file, the IEP, teacher observations, and
any relevant information to determine:
a) if the conduct was caused by, or had a direct and substantial
relationship to, the child’s disability; or
b) if the conduct in question was the direct result of the Lifelong Learning
Academy’s failure to implement the IEP.
7) The conduct must be determined to be a manifestation of the disability if either
(6) (a) or (b) occurred, and, if the IEP was not implemented, Life Long learning
Academy must take immediate steps to remedy that deficiency.
8) If Life Long Learning Academy, the parent, and relevant members of the IEP
Team determine that the conduct was a manifestation of the child’s disability,
the child must be returned to the placement from which the child was removed,
unless the parent and Lifelong Learning Academy agree to a change of
placement. The IEP Team must either:
a) Conduct a functional behavioral assessment, unless already done, and
implement a behavioral intervention plan; or
b) If a behavioral intervention plan has already been developed, review the
plan and modify it, as necessary, to address the behavior.


9) School personnel may remove a student to an interim alternative educational
setting for not more than 45 school days without regard to manifestation of
disability if the child:
a) Carries a weapon to or possesses a weapon at school, on school
premises, to or at a school function under the jurisdiction of a state or
Lifelong Learning Academy;
b) Knowingly possesses or uses illegal drugs, or sells or solicits the sale
of a controlled substance, while at school, on school premises, or at a
school function under the jurisdiction of a state or public education
agency; or
c) Has inflicted serious bodily injury upon another person while at school,
on school premises, or at a school function under the jurisdiction of a
state or Lifelong Learning Academy.
10) Lifelong Learning Academy will notify parents and provide notice of
procedural safeguard on the day the PEA determines the student has
violated the code of conduct, and the violation constitutes and change in
placement (i.e., interim alternative education setting).

§300.531 DETERMINATION OF SETTING
The child’s IEP Team determines the interim alternative educational setting for services.

§300.532 APPEAL
1) The parent of a child with a disability who disagrees with any decision
regarding placement under §§300.530 and 300.531 or the manifestation
determination may appeal the decision by requesting an expedited due
process hearing in conformance with §§300.310 through 300.314 and AAC
R7-2-405.I.
2) If Lifelong Learning Academy believes that maintaining the current placement
of the child is substantially likely to cause injury to the child or others may
appeal the decision by requesting an expedited due process hearing in
conformance with §§300.310 through 300.314 and AAC R7-2-405.I.

§300.533 PLACEMENT DURING APPEALS
The student must remain in the interim alternative educational setting pending the decision of
the hearing officer or expiration of the interim setting, whichever comes first, unless the
parent and Lifelong Learning Academy agree otherwise.

§300.534 PROTECTIONS FOR CHILDREN NOT DETERMINED ELIGIBLE FOR SPECIAL EDUCATION AND RELATED
SERVICES
1) A non-eligible student who engaged in a behavior that violated a code of student conduct may
assert protections if Lifelong Learning Academy had knowledge that the child was a child with a
disability before the behavior that precipitated the disciplinary action occurred. Lifelong
Learning Academy must be deemed to have such knowledge if:

a) The parent of the child expressed concern in writing to supervisory or
administrative personnel of the appropriate educational agency, or a
teacher of the child, that the child is in need of special education and
related services;
b) The parent of the child requested an evaluation of the child pursuant to
§§300.300 through 300.311; or
c) The teacher of the child, or other personnel of Lifelong Learning Academy,
expressed specific concerns about a pattern of behavior demonstrated by
the child directly to the director of special education or to other supervisory
personnel of the agency.
2) Lifelong Learning Academy would not be deemed to have knowledge if the
parent of the child:
a) Has not allowed an IDEA evaluation of the child;
b) Has refused special education services for the child; or
c) The child has been evaluated and determined to not be a child with a
disability under IDEA.
3) If Lifelong Learning Academy does not have knowledge that a child is a child
with a disability prior to taking disciplinary measures against the child, the
child may be disciplined as other children without disabilities who engage in
comparable behaviors.
4) If an evaluation is requested during the time in which a child is subjected to
disciplinary measures, the evaluation must be conducted in an expedited
manner.
a) Until the evaluation is completed, the child remains in the educational
placement determined by Lifelong Learning Academy, which can include
suspension or expulsion without educational services.
b) If the child is determined to be a child with a disability, Lifelong Learning
Academy must provide special education and related services in
accordance with this part, including the requirements of §§300.530
through 300.536.

§300.535 REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
1) Lifelong Learning Academy may report a crime committed by a child with a
disability to appropriate authorities to enable them to exercise their
responsibilities.
2) Lifelong Learning Academy, when reporting a crime committed by a child with
a disability will ensure that copies of the special education and disciplinary
records of the child are transmitted for consideration by the appropriate
authorities to whom the agency reports the crime, but only to the extent
permitted by FERPA.




§300.536 CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS
1) A change of placement occurs if:
a) The removal is for more than 10 consecutive school days; or
b) The child has been subjected to a series of removals that constitute a
pattern
i) because the series of removals total more than 10 school days in a
school year;
ii) because the child’s behavior is substantially similar to the behavior in
previous incidents that resulted in a series of removals; and
iii) because of such additional factors as the length of each removal, the
total amount of time the child has been removed, and the proximity of
the removals to one another.
2) Lifelong Learning Academy will determine on a case-by-case basis whether a
pattern of removals constitutes a change of placement, and such
determinations are subject to review through due process and judicial
proceedings.

EVALUATION AND ELIGIBILITY Policy & Procedures –

POLICY
A full and individual initial evaluation will be conducted by Lifelong Learning Academy before
the initial provision of special education and related services to a child with a disability in
accordance with §§300.300-300.311 of the IDEA regulations. A reevaluation of each child with a
disability will be conducted by the Lifelong Learning Academy in accordance with §§300.300-
300.311 of the IDEA regulations.

PROCEDURES

§300.300 PARENTAL CONSENT
1) Lifelong Learning Academy, when proposing to conduct an initial evaluation to
determine if a child qualifies as a child with a disability, after reviewing existing
data with the parents and providing prior written notice, will obtain informed
consent from the parent of the child before collecting any additional data.
a) Parental consent for initial evaluation must not be construed as consent
for initial provision of special education and related services.
b) Lifelong Learning Academy must make reasonable efforts to obtain the
informed consent from the parent for an initial evaluation.
2) For initial evaluations only, if the child is a ward of the state, is not residing
with the child’s parent, Lifelong Learning Academy is not required to obtain
consent from the parent if:




a) Despite reasonable efforts to do so, Lifelong Learning Academy cannot
discover the whereabouts of the parents of the child;
b) The rights of the parents of the child have been terminated by the court;
c) The rights of the parent to make educational decisions have been
subrogated by a judge and consent for an initial evaluation has been
given by an individual appointed by the judge to represent the child.
3) Lifelong Learning Academy may, but is not required to seek informed consent
through due process procedures if the parent of a child who is enrolled or
seeking to enroll in Lifelong Learning Academy refuses consent for an initial
evaluation.
4) Lifelong Learning Academy must obtain informed consent from the parent of
the child before the initial provision of special education and related services to
the child, and must make reasonable efforts to obtain that consent.
5) If a parent refuses consent for the initial provision of special education and
related services, Lifelong Learning Academy may not seek consent though
due process hearing procedures. Lifelong Learning Academy:
a) Will not be considered to be in violation to provide FAPE;
b) Is not required to convene a IEP Team meeting or develop an IEP for the
child.
6) Lifelong Learning Academy must obtain informed consent prior to conducting
any reevaluation of a child with a disability.
a) If the parent refuses consent, Lifelong Learning Academy may utilize due
process hearing procedures to seek consent, but does not violate its
obligation if it declines to pursue the evaluation or reevaluation.
b) The informed parental consent for reevaluation need not be obtained if
the Lifelong Learning Academy can demonstrate that:
i) it made reasonable efforts to obtain such consent and has
documented those attempts;
ii) the child’s parent has failed to respond.
7) Parental consent is not required before:
a) Reviewing existing data as part of an evaluation or reevaluation; or
b) Administering a test or other evaluation that is administered to all
children unless consent is required of parents of all children prior to
administration.
8) Lifelong Learning Academy may not use a parent’s refusal to consent to one
service or activity under this section to deny the parent or child any other
service, benefit, or activity of Lifelong Learning Academy, except as required
by this part.

§300.301 INITIAL EVALUATIONS
1) Consistent with consent requirements of §300.300, either a parent of a child or
Lifelong Learning Academy may initiate a request for an initial evaluation to
determine if a child is a child with a disability.



2) The initial evaluation must:
a) Be completed within 60 days of receiving parental consent for the
evaluation, unless;
i) the parents and Lifelong Learning Academy agree that it is in
the best interest of the child to extend the timeline to complete
the evaluation for an additional 30 days; or;
ii) the child enrolls in Lifelong Learning Academy from another
educational agency after the parent has provided consent and
before the determination of eligibility by the other agency. In that
event, Lifelong Learning Academy will ensure prompt
completion of the evaluation.
iii) the parent of a child with a disability repeatedly fails or refuses
to produce the child for the evaluation.
b) Consist of procedures to determine if the child is a child with a disability
and to determine the educational needs of the child.

§300.303 REEVALUATIONS
1) Lifelong Learning Academy will conduct a reevaluation of a child with a
disability if:
a) Lifelong Learning Academy determines that the educational or related
service needs, including improved academic achievement and
functional performance, of the child warrant a reevaluation; or
b) If the child’s parents or teacher requests a reevaluation; except
c) Lifelong Learning Academy will not conduct a reevaluation more than
once a year unless the parent and agency agree otherwise.
2) Lifelong Learning Academy will conduct a reevaluation at least once every 3
years, unless the parent and the agency agree that a reevaluation is
unnecessary.

§300.304 EVALUATION PROCEDURES
1) Lifelong Learning Academy will provide prior written notice to the parents of a
child who has, or who is suspected of having, a disability, that describes the
evaluation procedures that the agency proposes to conduct.
2) In conducting an evaluation or reevaluation, Lifelong Learning Academy will:
a) Use a variety of assessment tools and strategies to gather relevant
functional, developmental, and academic information about the child,
including information provided by the parent in order to determine;
i) whether the child is a child with a disability; and
ii) if the child is a child with a disability, information related to
enabling the child to be involved in and progress in the general
education curriculum (or for a preschool child, to participate in
appropriate activities).
b) Not use any single measure or assessment as the sole criterion for
determining whether a child is a child with a disability and for
determining an appropriate educational program for the child; and

c) Use technically sound instruments that may assess the relative
contribution of cognitive and behavioral factors, in addition to physical
or developmental factors.
3) Lifelong Learning Academy will ensure that evaluation materials and
strategies:
d) Are selected and administered so as not to be discriminatory on a racial
or cultural basis;
e) Are administered in the child’s native language or other mode of
communication and in the form most likely to yield accurate information
on what the child knows and can do academically, developmentally,
and functionally, unless it is clearly not feasible to do so;
f) Are used for the purposes for which the assessment(s) or measure(s)
are valid and reliable;
g) Are administered by trained and knowledgeable personnel;
h) Are administered in accordance with the instructions provided by the
assessment publisher;
i) Are selected and administered so as to ensure that if administered to a
child with impaired sensory, manual, or speaking skills, the assessment
results accurately reflect the child’s aptitude or achievement level or
whatever other factors the test purports to measure rather than
reflecting the child’s impairments (unless those skills are the factors
being measured).
j) Assess the child in all areas related to the suspected disability,
including, if appropriate, health, vision, hearing, social and emotional
status, general intelligence, academic performance, adaptive behavior,
communicative status, and motor abilities; and
k) Are sufficiently comprehensive to identify all of the child’s special
education and related services needs, whether or not those needs are
commonly associated with the child’s disability.
l) Provide relevant information that directly assists in determining the
educational needs of the child.
4) Evaluations of children who transfer to or from another educational agency
in the same school year are coordinated with the prior and subsequent
schools, in order to expedite the completion of a full evaluation.

§300.305 ADDITIONAL EVALUATION REQUIREMENTS
1) As part of an initial evaluation (if appropriate), and as part of any reevaluation,
the IEP Team and other qualified professionals, as appropriate, will:
a) Review existing evaluation data on the child including:
i) evaluations and information provided by the parents;
ii) current classroom-based, local and state-wide assessments, and
classroom-based observations;
iii) observations by teachers, and related services providers.
b) On the basis of that review, and input from the child’s parents, identify
what additional data, if any, are needed to determine whether:

i) the child is or continues to be a child with a disability, and, if so,
the educational needs of the child
ii) the present levels of academic achievement and related
developmental needs of the child
iii) whether the child needs special education and related services to
enable the child to meet measurable annual IEP goals and to
participate, as appropriate, in the general education curriculum
c) The IEP Team may conduct the review without a meeting.
2) If additional data are needed, Lifelong Learning Academy will administer the
assessments required to obtain the additional data.
3) If additional data are not needed to determine whether the child continues to
be a child with a disability, and to determine the child’s educational needs,
Lifelong Learning Academy will notify the parents of:
a) The determination and the reasons for the determination; and
b) The right of the parents to request an assessment to determine
whether the child continues to be a child with a disability and to
determine the child’s educational needs.
4) Lifelong Learning Academy will evaluate a child before determining that the
child is no longer a child with a disability except when the termination is due to
graduation with a regular high school diploma or the child reaching age 22.
a) When the child’s eligibility terminates because of graduation or
reaching age 22, the agency will provide a summary of the child’s
academic achievement and functional performance that includes
recommendations on how to assist the child in meeting the child’s
postsecondary goals.

§300.306 DETERMINATION OF ELIGIBILITY
1) Upon completion of the evaluation process, the Lifelong Learning Academy
will ensure that:
a) A group of qualified professionals and the parent of the child determine:
i) if the child is a child with a disability under the Individuals with
Disabilities Education Act and the Arizona State Statutes; and
ii) if so, the educational needs of the child.
b) The parents are provided, at no cost, a copy of the evaluation report and
eligibility determination.
2) A child will not be determined to be a child with a disability if the primary factor
for the determination is:
a) Lack of appropriate instruction in reading, including the essential
components of reading instruction (as defined in 1208(3) of the ESEA) ;
b) Lack of appropriate instruction in math; or
c) Limited English proficiency.
3) The eligibility determination, including education needs, will be based on all of
the information sources used in the evaluation process, and if deemed eligible
and in need of special education and related services, an IEP will be
developed in accordance with §300.320 through 300.324.

§300.307 ADDITIONAL PROCEDURES FOR IDENTIFYING CHILDREN WITH SPECIFIC LEARNING DISABILITIES

Option 1
1) The Lifelong Learning Academy will use the state-adopted criteria for
determining whether a child has a specific learning disability through a
process based on the child’s response to scientific, research-based
intervention in conformity with IDEA Regulations §300.307-311.

Option 2
2) The Lifelong Learning Academy will use a criteria for determining whether a
child has a specific learning disability through the identification of a severe
discrepancy between intellectual ability and achievement in conformity with
IDEA Regulations §300.307-311.

Option 3
3) The Lifelong Learning Academy will determine, on an individual child basis,
the criteria for determining whether a child has a specific learning disability
using one of the following criteria in conformity with IDEA Regulations
§300.307-311:
a) The state-adopted criteria based on a child’s response to scientific,
research-based intervention;
b) The identification of a severe discrepancy between intellectual ability
and achievement.

§300.308 ADDITIONAL GROUP MEMBERS
1) The determination of whether a child suspected of having a specific learning
disability is a child with a disability must be made by the child’s parents and a
team of qualified professionals which must include:
a) The child’s regular teacher; or
b) If the child does not have a regular teacher, then a regular teacher
qualified to teach children of that age;
c) For a child of less than school age, an individual qualified by the State
to teach children of his/her age;
d) At least one person qualified to conduct individual diagnostic
evaluations of children, such as a school psychologist, speech-
language pathologist, or remedial reading teacher.

§300.309 DETERMINING THE EXISTENCE OF A SPECIFIC LEARNING DISABILITY
1) A child may be determined to have a specific learning disability if:
a) The child does not achieve adequately for the child’s age or to meet
State–approved grade level standards in one or more of the following
areas, when provided with learning experiences and instruction
appropriate for the child’s age or meet State–approved grade level
standards:
i) oral expression
ii) listening comprehension
iii) written expression
iv) basic reading skill
v) reading fluency skills
vi) reading comprehension
vii) mathematics calculation
viii) mathematics problem solving
b) The child does not make sufficient progress to meet age or State–approved
grade level standards in one or more of the areas in (1) (a) when using a
process based on the child’s response to scientific, research-based
intervention; or
c) The child exhibits a pattern of strengths and weaknesses in performance,
achievement, or both, relative to age, State–approved grade level standards,
or intellectual development, that is determined by the group to be relevant to
the identification of a specific learning disability, using appropriate
assessments.
2) The findings of this section are not primarily the result of:
a) A visual, hearing or motor disability;
b) Mental retardation;
c) Emotional disturbance;
d) Cultural factors;
e) Environmental or economic disadvantage; or
f) Limited English proficiency.

3) The group must ensure that the underachievement is not due to a lack of
appropriate instruction in reading or math and consider:
a) Data that demonstrate that prior to, or as part of, the referral process,
the child was provided appropriate instruction in regular education
settings, delivered by qualified personnel; and
b) Data-based documentation of repeated assessments of achievement at
reasonable intervals, reflecting formal assessment of student progress
during instruction, which was provided to the child’s parents.
4) The Lifelong Learning Academy must promptly request parent consent to
evaluate if, prior to referral, the child has not made adequate progress after an
appropriate period of time when provided instruction described in (3) (a) and
(b).

§300.310 OBSERVATION
1) The Lifelong Learning Academy must ensure that the child is observed in
his/her learning environment, including the regular classroom setting, to
document the child’s academic performance and behavior in the areas of
difficulty.
2) In the case of a child less than school age or out of school, a group member
must observe the child in an environment appropriate for a child that age.

§300.311 SPECIFIC DOCUMENTATION FOR THE ELIGIBILITY DETERMINATION
1) For a child suspected of having a specific learning disability, the eligibility
determination must contain a statement of:
a) Whether the child has a specific learning disability;
b) The basis for making the determination, including an assurance the
determination was made in accordance with the Individuals with
Disabilities Education Act;
c) The relevant behavior, if any, noted during the observation and the
relationship of that behavior to the child’s academic functioning;
d) The educationally relevant medical findings, if any;
e) Whether the child does not achieve adequately for his/her age or to
meet State-approved grade level standards consistent with (1)(a); and
does not make sufficient progress to meet age or State-approved grade
level standards consistent with (1) (b); or
f) The child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, State approved
grade level standards or intellectual development consistent with (1) (c).
g) The determination of the group concerning the effects of a visual,
hearing, or motor disability; mental retardation; emotional disturbance;
cultural factors; environmental or economic disadvantage; or limited
English proficiency of the child’s achievement level.

2) If the child participated in a process that assessed the child’s response to
scientific, research-based intervention:
a) The instructional strategies used and the student-centered data
collected; and
b) The documentation that the child’s parents were notified about the
State’s policies regarding the amount and nature of student
performance that would be collected and the general education
services that would be provided;
c) Strategies for increasing the rate of learning; and
d) The parent’s right to request an evaluation.
3) Each group member must certify in writing whether the report reflects the
member’s conclusion. If it does not, the group member must submit
a) separate statement presenting the member’s conclusions.










FREE APPROPRIATE PUBLIC EDUCATION (FAPE) Policy & Procedures

POLICY
A free appropriate public education (FAPE) will be available to all children within the
boundaries of responsibility of the Lifelong Learning Academy, including children with
disabilities who have been suspended or expelled from school as provided for in §300.530(d) of
the IDEA regulations.

PROCEDURES
§300.306 AND, IF APPLICABLE, 300.308
All Public Agencies will make the determination that a child is eligible for special education
and related services on an individual basis by a properly constituted team.

§300.101 FREE APPROPRIATE PUBLIC EDUCATION
1) For SCHOOL-AGED CHILDREN (5 TO 21)
All Public Agencies will make FAPE available to any child who needs special
education and related services, even though the child has not failed or been
retained in a course or grade, and is advancing from grade to grade.

ARS 15-764 POWERS THE SCHOOL DISTRICT GOVERNING BOARD OR COUNTY SCHOOL SUPERINTENDENT
1) The Lifelong Learning Academy will establish policy and procedures with
regard to allowable pupil-teacher ratios and pupil-staff ratios within the PEA or
county for provision of special education services.
2) The special education programs and services provided shall be conducted
only in a school facility which houses regular education classes or in other
facilities approved by the division of special education.

§300.105 ASSISTIVE TECHNOLOGY
1) The Lifelong Learning Academy will ensure that assistive technology devices
or services or both will be available to a child with a disability, if required, as a
part of:
a) special education
b) related services
c) supplementary aids and service.
2) On a case-by-case basis, the Lifelong Learning Academy will ensure the use
of school-purchased assistive technology devices in a child’s home or other
setting if the child’s IEP Team determines that the child needs access to those
devices in order to receive FAPE.

§300.106 EXTENDED SCHOOL YEAR SERVICES (ESY)
1) The Lifelong Learning Academy will make extended school year services
available as necessary to provide FAPE to children with disabilities.


a) ESY services will be provided only if a child’s IEP team determines, in
accordance with §§300.320-300.324, that the services are necessary
for the provision of FAPE.
b) Services will not be:
i) limited to a particular category of disability; or,
ii) unilaterally limited to the type, amount, or duration of services.
2) The ESY services that are provided to a child with a disability will:
a) Be provided beyond the normal school year of the agency;
b) Be provided in accordance with the child’s IEP;
c) Be provided at no cost to the parents of the child; and
d) Meet the standards of the State.

§300.107 NONACADEMIC SERVICES
1) The Lifelong Learning Academy will afford children with disabilities an equal
opportunity for participation in nonacademic and extracurricular services and
activities including, as determined appropriate and necessary by the child’s
IEP team, the provision of supplementary aids and services.
2) Nonacademic and extracurricular services and activities may include
counseling services, athletics, transportation, health services, recreational
activities, special interest groups or clubs sponsored by the Lifelong Learning
Academy, referrals to agencies that provide assistance to individuals with
disabilities, and employment of students, including both employment by the
Lifelong Learning Academy and assistance in making outside employment
available.

§300.108 PHYSICAL EDUCATION
1) The Lifelong Learning Academy will make regular physical education services
available to children with disabilities to the same extent that the agency
provides those services to children without disabilities, unless:
a) The child is enrolled full time in a separate facility; or
b) The child needs specially designed physical education as prescribed
in the child’s IEP.
2) If a child is enrolled in a separate facility, the Lifelong Learning Academy will
ensure that the child receives appropriate physical education services.
3) If special physical education is prescribed in a child’s IEP, the Lifelong
Learning Academy will provide for those services, either directly or through
other public or private programs.

§300.110 PROGRAM OPTIONS
The Lifelong Learning Academy will ensure that children with disabilities have available to them
the variety of education programs and services that are available to nondisabled children,
including art, music, industrial arts, consumer and homemaking education, and vocational
education.



§300.113 ROUTINE CHECKING OF HEARING AIDS AND EXTERNAL COMPONENTS OF SURGICALLY IMPLANTED
MEDICAL DEVICES
1) The Lifelong Learning Academy will ensure that the hearing aids worn in
school by children with hearing impairments are functioning properly; and
2) The external components of surgically implanted medical devices (e.g.,
cochlear implants) are functioning properly, except that the agency will not be
responsible for any post-surgical maintenance, programming or replacement
of any component, external or internal, of the medical device.

§300.154 METHODS OF ENSURING SERVICES
1) The Lifelong Learning Academy may use the Medicaid or other public benefits
or insurance programs in which a child participates to provide or pay for
services required under IDEA, as permitted under the public benefits or
insurance program, except that the Lifelong Learning Academy:
a) may not require parents to sign up for or enroll in public benefits or
insurance programs to receive FAPE;
b) May not require parents to incur out-of-pocket expenses such as
payment of a deductible or co-pay for services required by IDEA, but
may pay the cost that parents otherwise would be required to pay;
c) May not use a child’s public benefit if that use would:
i) decrease lifetime benefits;
ii) result in the family paying for non-school services that would
otherwise be paid for by public benefits;
iii) increase premiums or lead to discontinuation of benefits; or
iv) risk loss of eligibility.
2) The Lifelong Learning Academy must notify parents that their refusal to allow
access to their public benefits does not relieve the agency of its responsibility
to provide all required IDEA services.
3) The Lifelong Learning Academy must obtain parent consent consistent with
§300.09 each time that access to public benefits are sought.

INDIVIDUALIZED EDUCATION PROGRAM (IEP) Policy & Procedures -

POLICY
The Lifelong Learning Academy shall ensure that an IEP is developed and implemented for each
eligible child served by the Lifelong Learning Academy and for each eligible child placed in or
referred to a private school or facility by the Lifelong Learning Academy in accordance with
§300.320-325 of the IDEA regulations.







PROCEDURES
§300.320 CONTENTS OF THE IEP
1) The contents of each IEP will include a statement of:
a) The child's present levels of academic achievement and functional
performance, including:
i) how the child's disability affects the child's involvement and
progress in the general curriculum; or
ii) for preschool children, as appropriate, how the disability affects
the child's participation in appropriate activities;
b) Measurable annual goals, including academic and functional goals
designed to:
i) meet the child's needs that result from the child's disability to
enable the child to be involved in and make progress in the
general education curriculum; and
ii) meet each of the child’s other educational needs that result from
the child’s disability;
iii) for children with disabilities who take alternate assessments
(AIMS A) aligned to alternate achievement standards, a
description of benchmarks or short-term objectives;
c) How the child’s progress toward meeting the IEP goals will be measured
and when periodic reports on the child’s progress toward the goals will be
provided;
d) The special education and related services to be provided to the child, the
supplementary aids and services to be provided to the child or on behalf
of the child, the program modifications or supports for school personnel
that will be provided to enable the child:
i) to advance appropriately toward attaining the annual goals;
ii) to be involved in and progress in the general education curriculum
and to participate in extracurricular and other nonacademic
activities with other children with disabilities and nondisabled
children.
e) The extent, if any, to which the child will not participate with nondisabled
children in the regular class and in extracurricular and other nonacademic
activities;
f) Any individual accommodations that are needed to measure the academic
achievement and functional performance of the child on State and district-
wide assessments;
g) If the IEP team determines that the child must take an alternate
assessment instead of a particular regular State or district-wide
assessment of student achievement, a statement of why:
i) the child cannot participate in the regular assessment; and
ii) the particular alternate assessment selected is appropriate for
the child;
h) The projected date for the beginning of the services and modifications and
the anticipated frequency, location, and duration of those services and
modifications.

i) Beginning not later than the first IEP to be in effect when the child
turns 16, or younger if determined appropriate by the IEP team,
and updated annually, the IEP will also include a statement of
i) appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education,
employment, and, where appropriate independent living skills;
ii) transition services (including courses of study) needed to assist the
child in reaching those goals.
j) Beginning not later than one year before a student reaches the age of 18,
the IEP will include a statement that the parents and the student have
been informed of the rights under Part B, if any, that will transfer to the
student on reaching the age of 18.

§300.321 THE IEP TEAM
1) The IEP team for each child with a disability will include:
a) The parents of the child;
b) Not less than one regular education teacher of the child (if the child is, or
may be, participating in the regular education environment);
c) Not less than one special education teacher of the child, or where
appropriate, not less than one special education provider of the child;
d) A representative of the Lifelong Learning Academy 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
Lifelong Learning Academy;
iv) may be a Lifelong Learning Academy team member described in
(b) through (f) if the above criteria are met.
e) An individual who can interpret the instructional implications of evaluation
results, who may be a member of the team described in (b) through (f).
f) 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
g) Whenever appropriate, the child with a disability.
h) A child of any age if the purpose of the meeting is to consider
postsecondary goals and transition services needed to assist the child in
reaching the IEP goals;
i) if the student does not attend the IEP meeting, the Lifelong Learning
Academy will take other steps to ensure that the student's preferences and
interests are considered.
j) To the extent appropriate and with consent of the parents or the adult
child, the public;
i) agency will invite a representative of any participating agency that is
likely to be responsible for providing or paying for transition services
2) A member of the IEP team described in (A) (2) through (A) (5) is not required
to attend the IEP meeting if the parent and the school agree in writing prior to
the meeting that attendance is not necessary because the member’s area of
curriculum or related services is not being modified or discussed in the
meeting.
3) A member of the IEP team described in (A) (2) through (A) (5) may be
excused from attending the IEP meeting in whole or part when the meeting
involves a modification to or discussion of the member’s area of the curriculum
or related services if the parent, in writing and the Lifelong Learning Academy
consent to the excusal, and the member submits, in writing to the IEP team,
input into the development of the IEP prior to the meeting.
4) In the case of a child previously served by AzEIP, an invitation to the initial IEP
Team meeting must, at the request of the parent, be sent to the AzEIP service
coordinator to assist with the smooth transition of services.

§300.322 PARENT PARTICIPATION
1) The agency will take steps to ensure parent(s) of a child with a disability are
present at each IEP meeting or are afforded the opportunity to participate by:
a) Notifying parents of the meeting early enough to ensure that they will
have an opportunity to attend; and
b) Scheduling the meeting at a mutually agreed on time and place.
2) The meeting notice will:
a) Indicate the purpose, time, and location of the meeting and who will be
in attendance; and
b) Inform the parents of the provisions relating to the participation of other
individuals who have knowledge or special expertise about the child
and of representatives of the AzEIP (if the meeting is for an initial IEP of
a child transitioning from AzEIP).
3) Beginning not later than the first IEP to be in effect when the child turns 16, the
notice will also:
a) Indicate that a purpose of the meeting will be the consideration of
postsecondary goals and transition services;
b) Indicate that the agency will invite the student
c) Identify any other agency that will be invited to send a representative.
4) If neither parent can attend, the Lifelong Learning Academy will use other
methods to ensure parent participation, including individual or conference
telephone calls.
5) A meeting may be conducted without a parent in attendance if the Lifelong
Learning Academy is unable to convince the parents that they should attend. I
In this case, the Lifelong Learning Academy will maintain a record of its
attempts to arrange a mutually agreed on time and place, such as:
a) Detailed records of telephone calls made or attempted and the results
of those calls;
b) Copies of correspondence sent to the parents’ and any responses
received; and

c) Detailed records of visits made to the parent's home or place of
employment and the results of those visits.
6) The Lifelong Learning Academy will take whatever action is necessary to help
the parent understand the proceedings at the IEP meeting, including
arranging for an interpreter for parents with deafness or whose native
language is other than English.
7) The Lifelong Learning Academy will give the parent a copy of the child's IEP at
no cost to the parent.

§300.323 WHEN IEPS MUST BE IN EFFECT
1) At the beginning of each school year, the Lifelong Learning Academy must
have in effect for each child with a disability in its jurisdiction, an IEP as
defined in 300.320.
2) The Lifelong Learning Academy will ensure that:
a) A meeting to develop an IEP for an eligible child is conducted within 30
days of a determination of eligibility for special education and related
services.
b) As soon as possible following the development of the IEP, the services
indicated in the IEP are made available to the child. An IEP will be in
effect at the beginning of each school year.
3) The Lifelong Learning Academy will ensure that each child’s IEP is accessible
to each regular education teacher, special education teacher, related service
provider and any other service provider is who responsible for implementing
the IEP.
a) Each teacher and related service provider will be informed of his or her
specific responsibilities in implementing the IEP; and
b) The specific accommodations, modifications, and supports that must be
provided for the child in accordance with the IEP.
4) For a child with an IEP who transfers into the Lifelong Learning Academy from
another educational agency in Arizona, the Lifelong Learning Academy, in
consultation with the parents, will provide a free appropriate public education
(including services comparable to the services described in the existing IEP)
until the agency:
a) Reviews and adopts the child’s IEP from the previous educational
agency, or
b) Develops, adopts, and implements a new IEP.
6) For a child with an IEP who transfers into the Lifelong Learning Academy from
another state, the Lifelong Learning Academy, in consultation with the
parents, will provide a free appropriate public education (including services
comparable to the services described in the existing IEP) until the agency:
a) Conducts an evaluation for eligibility for special education in Arizona,
or determines that such an evaluation is unnecessary; and
b) Develops, adopts, and implements a new IEP, if appropriate.
7) To facilitate the transition of a child enrolling from another educational agency,
either from within or from outside of Arizona, the Lifelong Learning Academy
will take reasonable steps to promptly obtain the child’s education records,
including all records pertaining to special education, from the previous
educational agency in which the child was enrolled.
8) When a records request is received from another pubic agency, from either
within or outside of Arizona, the agency will promptly respond to the request.

§300.324 DEVELOPMENT, REVIEW AND REVISION OF AN IEP
1) In developing each child's IEP, the IEP team will consider:
a) The strengths of the child and the concerns of the parents for
enhancing the education of their child;
b) The results of the initial or most recent evaluation of the child; and
c) The academic, developmental, and functional needs of the child.
2) In consideration of special factors, the IEP team must:
a) In the case of a child whose behavior impedes his or her learning or
that of others, consider the use of positive behavioral interventions
and supports, and other strategies to address that behavior;
b) In the case of a child with limited English proficiency, consider the
language needs of the child as those needs relate to the child's IEP;
c) In the case of a child who is blind or visually impaired, provide for
instruction in Braille and the use of Braille unless the IEP Team
determines, after an evaluation of the child's reading and writing skills,
needs, and appropriate reading and writing media (including an
evaluation of the child's future needs for instruction in Braille or the use
of Braille) that instruction in Braille or the use of Braille is not
appropriate for the child;
d) Consider the communication needs of the child, and in the case of a
child who is deaf or hard of hearing, consider the child's language and
communication needs, opportunities for direct communication with
peers and professional personnel in the child's language and
communication mode, academic level and full range of needs,
including opportunities for direct instruction in the child's language and
communication mode;
e) Consider whether the child requires assistive technology devices and
services.
3) The regular education teacher of a child with a disability, as a member of the
IEP team, must, to the extent appropriate, participate in the development,
review, and revision of the child's IEP, including the determination of:
a) Appropriate positive behavioral interventions and strategies for the
child; and
b) Supplementary aids and services, program modifications, and/or
supports for school personnel that will be provided for the child,
consistent with §300.320(a)(4).
4) In making changes to the IEP after the annual IEP meeting, the parent and the
agency may agree to amend the IEP without a meeting for the purpose of
making those changes and, instead, develop a written document to amend or
modify the child’s current IEP. The Lifelong Learning Academy must:

a) Inform all members of the child’s IEP team of those changes, and
b) Upon request, provide the parents with the revised copy of the IEP.
5) To the extent possible, the Lifelong Learning Academy will encourage the
consolidation of evaluation, reevaluation and IEP meetings for a child.
6) The Lifelong Learning Academy will ensure that the IEP team reviews the
child’s IEP periodically, but not less than annually, to determine if goals are
being achieved, and revise the IEP, when appropriate, to address:
a) any lack of expected progress toward the annual goals and in the
general education curriculum, if appropriate;
b) the results of any reevaluation;
c) information about the child provided to, or by the parents;
d) the child’s anticipated needs, or other matters.
7) If a participating agency other than the Lifelong Learning Academy fails to
provide the transition services in an IEP, the Lifelong Learning Academy must
reconvene the IEP team to identify alternative strategies to meet the child’s
transition outcomes.

§300.325 PRIVATE SCHOOL PLACEMENTS BY THE LIFELONG LEARNING ACADEMY
1) Before the Lifelong Learning Academy places a child with a disability in a
private school or facility, the agency must initiate and conduct a meeting to
develop an IEP for the child and ensure that a representative of the private
school or facility attends the meeting in person or by conference call.
2) Subsequent IEP reviews may be initiated and conducted by the private school
at the discretion of the Lifelong Learning Academy. However, the Lifelong
Learning Academy must ensure that:
a) The parents and Lifelong Learning Academy representative are
involved in any decisions about the child’s IEP; and
b) Agree to any proposed changes in the IEP before those changes are
implemented.
3) The Lifelong Learning Academy remains responsible to ensure FAPE to a
child placed by the Lifelong Learning Academy in a private school or facility.


§300.327 EDUCATIONAL PLACEMENTS
The Lifelong Learning Academy must ensure that the parents of a child with a disability are
members of any group that makes decisions on the educational placement of their child.

LEAST RESTRICTIVE ENVIRONMENT (LRE) Policy & Procedures –

POLICY
Children with disabilities, including children in public or private institutions or other care
facilities, will be educated to the maximum extent appropriate with children who are not
disabled in accordance with §§300.114-300.117 of the IDEA regulations.
PROCEDURES
§300.114 LRE REQUIREMENTS
The Lifelong Learning Academy will ensure that special classes, separate schooling, or other
removal of children with disabilities from the regular educational environment occurs only if
the nature or severity of the disability is such that education in regular classes with the use
of supplementary aids and services cannot be achieved satisfactorily.

§300.115 CONTINUUM OF ALTERNATIVE PLACEMENTS
1) The Lifelong Learning Academy will make available a continuum of alternative
placements to meet the needs of children with disabilities for special
education and related services.
2) The continuum of alternative placements will include:
a) Instruction in regular classes, special classes, special schools, home
instruction, and instruction in hospital and institutions;
b) Supplementary services, such as a resource room or itinerant
instruction, to be provided in conjunction with regular class placement.
§300.116 PLACEMENTS
1) The placement decision for each child will be:
a) Made by a group that includes the parents and other persons
knowledgeable about the child, the meaning of the evaluation data, and
the placement options;
b) In conformity with the LRE provisions of the IDEA regulations;
c) Determined at least annually;
d) Based on the child’s IEP; and,
e) As close as possible to the child’s home.
2) Unless the IEP of a child requires some other arrangement, the child will be
educated in the school that he or she would attend if not disabled.
3) In selecting the LRE, consideration will be given to any potential harmful effect
on the child or on the quality of services that s/he needs.
4) A child with a disability will not be removed from age-appropriate regular
classrooms solely because of needed modifications in the general education
curriculum.

§300.117 NONACADEMIC SETTINGS
1) In providing or arranging for the provision of nonacademic and extracurricular
services and activities, including meals, recess periods, and other
nonacademic activities, the Lifelong Learning Academy must ensure that each
child with a disability participates with nondisabled children in the
extracurricular services and activities to the maximum extent appropriate to
the needs of that child.
2) The Lifelong Learning Academy will ensure that the supplementary aides and
services determined by the IEP Team to be appropriate and necessary are
provided to allow the child to participate in nonacademic settings.


PROCEDURAL SAFEGUARDS Policy & Procedures -
POLICY
The Lifelong Learning Academy will establish, maintain, and implement procedural safeguards that
meet the requirements of §300.500 through 300.536 of the IDEA Regulations.

PROCEDURES

§300.501 OPPORTUNITY TO EXAMINE RECORDS; PARENT PARTICIPATION IN MEETINGS
1) The Lifelong Learning Academy will ensure that the parents of a child with a
disability shall be given an opportunity to inspect and review all education
records with respect to the identification, evaluation, educational placement,
and the provision of FAPE to the child.
2) The Lifelong Learning Academy will ensure that the parents of a child with a
disability shall:
a) be given an opportunity to participate in meetings with respect to the
identification, evaluation, educational placement and the provision of
FAPE to the child.
b) be provided notice consistent with §300.322 to ensure they have
opportunity to participate in meetings.
c) be members of any group that makes decisions on the educational
placement of their child
3) If neither parent can participate in a meeting in which a decision is to be made
relating to the educational placement of their child, the Lifelong Learning
Academy must use other methods to ensure their participation, including
individual or conference telephone calls, or video conferencing.
4) A placement decision may be made by a group without the involvement of the
parent, if the Lifelong Learning Academy is unable to obtain the parent’s
participation and has maintained a record of its attempts to ensure their
involvement.

§300.502 INDEPENDENT EDUCATIONAL EVALUATION
1) The parents of a child with a disability have the right to obtain an independent
educational evaluation of their child. The Lifelong Learning Academy must
provide to parents, upon request for an independent educational evaluation:
a) Information about where an independent educational evaluation may
be obtained; and
b) The agency criteria applicable for independent educational
evaluations. Agency criteria for the independent educational
evaluation must be the same as the criteria the agency uses when it
conducts an evaluation, to the extent consistent with the parent’s
right to an evaluation.
2) A parent has the right to an independent educational evaluation at public
expense if the parent disagrees with an evaluation obtained by the Lifelong
Learning Academy. If a parent requests an independent educational
evaluation at public expense, the Lifelong Learning Academy must, without
unnecessary delay, either
a) File for a due process hearing to show that its evaluation is
appropriate; or
b) Ensure that an independent educational evaluation is provided at
public expense, unless the agency demonstrates in a hearing that the
evaluation obtained by the parent did not meet agency criteria.
3) If a due process hearing decision is that the agency’s evaluation is
appropriate, the parent still has the right to an independent educational
evaluation, but not at public expense.
4) If a parent requests an independent educational evaluation, the Lifelong
Learning Academy may ask for the parent’s reasons for the objections, but
may not require the parent to provide an explanation and may not
unreasonably delay either providing the independent educational evaluation at
public expense or filing a request for due process to defend its evaluation.
5) A parent is entitled to only one independent educational evaluation at public
expense each time the Lifelong Learning Academy conducts an evaluation
with which the parent disagrees.
6) The results of any independent educational evaluation which is obtained by or
provided to the Lifelong Learning Academy:
a) must be considered by the Lifelong Learning Academy, if it meets
agency criteria, in any decision with respect to the provision of FAPE
to the child; and
b) may be presented by any party as evidence in a due process
hearing.
7) If a hearing officer requests an independent educational evaluation as part of a
due process hearing, the cost of the evaluation must be at public expense.

§300.503 PRIOR NOTICE BY THE LIFELONG LEARNING ACADEMY; CONTENT OF NOTICE
1) Written notice must be given to the parents of a child with a disability a
reasonable time before the Lifelong Learning Academy-
a) Proposes to initiate or change the identification, evaluation or
educational placement of the child or the provision of FAPE to the child;
or
b) Refuses to initiate or change the identification, evaluation or educational
placement of the child or the provision of FAPE to the child.
2) The notice must include:
a) A description of the action proposed or refused by the agency;
b) An explanation of why the agency proposes or refuses to take the
action;
c) A description of each evaluation procedure, assessment, record or
report the agency used as a basis for the proposed or refused action;
d) A statement that the parents of a child with a disability have protection
under the procedural safeguards of this part and, if this notice is not
an
initial referral for evaluation, the means by which a copy of a description
of the procedural safeguards can be obtained;
e) Sources for parents to contact to obtain assistance in understanding the
provisions of this part;
f) A description of other options that the IEP Team considered and the
reasons why those options were rejected;
g) A description of other factors that are relevant to the agency’s proposal or
refusal
3) The notice must be written in language understandable to the general public,
provided in the native language or other mode of communication used by the
parent.
4) If the native language or other mode of communication used by the parent is
not a written language, the agency must ensure:
a) the notice is translated orally or by other means to the parent in his or her
native language or other mode of communication;
b) That the parent understands the content of the notice;
c) That there is written evidence of these requirements.

§300.504 PROCEDURAL SAFEGUARDS NOTICE
1) A copy of the procedural safeguards available to the parent of a child with a
disability must be given to the parents only one time a school year, except that
a copy also must be given to the parents:
a) Upon initial referral or parent request for evaluation;
b) Upon receipt of a first complaint to the State or first request for a due
process hearing in a school year;
c) When a disciplinary change of placement /removal has been initiated;
d) Upon request by a parent.
2) The procedural safeguards notice must include a full explanation of all the
procedural safeguards available under §300.148, §§300.151 through 300.153,
§300.300, §§300.502 through 300.503, §§300.505 through 300.515,
§300.520, §§300.530 through 536, and §§300.610 through 300.625 relating
to:
a) Independent educational evaluations;
b) Prior written notice;
c) Parental consent;
d) Access to education records;
e) Opportunity to present and resolve complaints through the due process
hearing and State complaint procedures, including;
i) The time period in which to file a complaint;
ii) The opportunity for the agency to resolve the complaint;
iii) The difference between due process hearing and State complaint
procedures, jurisdictions, issues that may be raised, timelines, and
relevant procedures.
f) The availability of mediation;
g) The child’s placement during the due process hearing;
h) Procedures for students subject to placement in an interim alternative
educational setting;
i) Requirements for unilateral placements by parents of children in private
schools at public expense;
j) Due process hearings including requirements for disclosure of evaluation
results and recommendations;
k) Civil actions, including timelines;
l) Attorney fees.
3) This notice must meet the same requirements for understandable language as
for the written prior notice described in §300.503.

§300.505 ELECTRONIC MAIL
The parent of a child with a disability may elect to receive required notices by an electronic
mail communication if the Lifelong Learning Academy makes that option available.

§300.506 MEDIATION
1) The Lifelong Learning Academy will establish procedures to allow parties to
disputes, including those matters arising prior to a request for a due process
hearing, to resolve disputes through mediation. Procedures will ensure that
the mediation process:
a) Is voluntary on the part of the parties;
b) Is not used to deny or delay a parent’s right to a due process hearing or
any other right under the IDEA;
c) Is conducted by a qualified and impartial mediator who is trained in
effective mediation techniques.
2) A Lifelong Learning Academy may establish procedures to offer to parents and
schools that choose not to use mediation an opportunity to meet, at a time and
location convenient to the parties, with a disinterested party:
a) Who is under contract with an appropriate alternative dispute
resolution entity, or a parent training and information center, or
community parent resource center;
b) Who would explain the benefits of, and encourage the mediation
process to the parents;

§300.507 FILING A DUE PROCESS COMPLAINT
1) A parent or Lifelong Learning Academy may file a request for a due process
hearing relating to the identification, evaluation or educational placement of a
child with a disability.
2) The request for a due process hearing must allege a violation that occurred
not more than two years before the date the parent or Lifelong Learning
Academy knew or should have known about the alleged violation.
3) The Lifelong Learning Academy must inform the parent of any free or low cost
legal and other relevant services available in the area upon parent request.




§300.508 DUE PROCESS COMPLAINT (HEARING)
1) The Lifelong Learning Academy will have procedures that require either party,
or the attorney representing a party, to provide to the other party a confidential
due process complaint.
2) The party filing the notice for a hearing must forward a copy of the request to
the State.
3) The due process hearing complaint must include the following in order for the
complaint to be heard:
a) The name of the child;
b) The residential address of the child;
c) The school of attendance
d) A description of the nature of the problem of the child relating to the
proposed or refused initiation or change, including facts relating to the
problem; and
e) A proposed resolution of the problem to the extent known and
available to the party at the time.
4) The due process complaint will be deemed sufficient unless the party receiving
the complaint notifies the hearing officer and the other party in writing, within
15 days of receipt of the complaint, that it believes the complaint does not
meet the content requirements.
5) Within five days of receipt of notice, the hearing officer must determine
whether the complaint meets the requirements and notify the parties, in
writing, of that determination.
6) A party may amend its due process complaint only if:
a) The other party consents in writing and is given an opportunity to
resolve the complaint through the resolution process; or
b) The hearing officer grants permission, but in no case later than five days
before the due process hearing begins.
7) If a party files an amended complaint, the relevant timelines begin again.
8) If the Lifelong Learning Academy has not sent a prior written notice to the
parent regarding the subject matter contained in the due process complaint, it
must do so within 10 days of receiving the complaint.
9) Within 10 days of receiving the complaint, the receiving party will send to the
other party a response that specifically addresses the issues raised in the due
process complaint.

§300.510 RESOLUTION PROCESS
1) Within 15 days of receiving the notice of the parent’s due process complaint,
and prior to the initiation of a due process hearing, the Lifelong Learning
Academy must convene a meeting with the parent and the relevant members
of the IEP Team who have specific knowledge of the facts identified in the
complaint that:
a) Includes a representative of the Lifelong Learning Academy who has
agency decision-making authority;
b) May not include an attorney of the Lifelong Learning Academy unless
the parent is accompanied by an attorney.
2) The purpose of the meeting is for the parent of the child to discuss the due
process complaint, and the factual basis of the complaint, so the Lifelong
Learning Academy has the opportunity to resolve the dispute.
3) The resolution meeting need not be held if:
a) The parent and Lifelong Learning Academy agree in writing to waive
the meeting; or
b) The parent and Lifelong Learning Academy agree to use the
mediation process.
4) The parent and the Lifelong Learning Academy determine the relevant IEP
Team members to attend the meeting.
5) If the Lifelong Learning Academy has not resolved the complaint to the
satisfaction of the parent within 30 days of the receipt of the complaint, the
due process hearing may occur. The timeline for issuing a final decision
begins at the end of this 30-day period.
6) The failure of the parent to participate in the resolution meeting that has not
been mutually agreed to be waived, will delay the timelines for the resolution
process and due process hearing until the meeting is held.
7) If the Lifelong Learning Academy is unable to obtain the participation of the
parent after reasonable efforts have been made and documented, the agency
may, at the conclusion of the 30-day period, request the hearing officer
dismiss the parent’s due process complaint.
8) If the Lifelong Learning Academy fails to hold the resolution meeting within 15
days of receiving the complaint or fails to participate in the meeting, the parent
may request that the hearing officer begin the hearing timeline.
9) The 45-day timeline for the due process hearing starts the day after:
a) Both parties agree in writing to waive the resolution meeting; OR
b) After either the mediation or resolution meeting starts but before the
end of the 30-day resolution period, the parties agree in writing that no
agreement is possible; OR
c) If both parties agree in writing to continue the mediation at the end of
the 30-day resolution period, but later, one party withdraws from the
mediation process.
10) If a resolution is reached at the meeting, the parties must execute a legally
binding agreement t hat is:
a) Signed by both the parent and Lifelong Learning Academy
representative who has authority to legally bind the agency; and
b) enforceable in any State court of competent jurisdiction or in a district
court of the U.S.
11) Either party may void the agreement within 3 business days of the
agreement’s execution.

§300.518 CHILD’S STATUS DURING PROCEEDINGS
1) The child involved in the due process hearing complaint must remain in his or
her current educational placement:
a) Unless a discipline appeal has been filed as provided in §300.533;

b) During the pendency of any administrative or judicial proceeding
regarding a due process complaint notice requesting a due process
hearing under §300.507; or
c) Unless the Lifelong Learning Academy and parents of the child agree
otherwise
2) If the complaint involves an application for initial admission to public school,
the child, with the consent if the parents, must be placed in the public school
until the completion of all the proceedings.
3) If the complaint involves an application for initial services for a child who has
turned three and transitioning from Part C to Part B , the Lifelong Learning
Academy is not required to provide the Part C services the child had been
receiving. If the child is found eligible for special education and related
services under Part B, and the parent consents to the initial provision of
services under §300.300(b), then the Lifelong Learning Academy must
provide those services that are not in dispute.
4) If the hearing officer agrees with the child’s parents that a change of
placement is appropriate, that placement must be treated as an agreement
between the State and parent for the purposes of (1) (c) of this section.

§300.519 SURROGATE PARENTS
1) The Lifelong Learning Academy will ensure that the rights of a child are
protected by assigning an individual to act as a surrogate for the parents
when:
a) No parent can be identified;
b) After reasonable efforts are made, no parent can be located;
c) The child is a ward of the State (with no foster parent);
d) The child is an unaccompanied homeless youth as defined by the
McKinney-Vento Homeless Assistance Act;
2) The Lifelong Learning Academy will have a method for determining when a
surrogate parent is needed and for making surrogate parent assignments.
3) The Lifelong Learning Academy will ensure that a person selected as a
surrogate parent:
a) Is not an employee of the State, the agency, or any other agency that
is involved in the education or care of the child
b) Has no personal or professional interest that conflicts with the interest
of the child the surrogate parent represents; and
c) Has knowledge and skills that ensure adequate representation of the
child.
4) In the case of an unaccompanied homeless youth, appropriate staff of
emergency shelters, transitional shelters, independent living programs, and
street outreach programs may be appointed as temporary surrogate parents
until a surrogate parent can be appointed that meets all the requirements of
this section.



§300.520 TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY
1) When a child with a disability reaches age 18, unless that child has been
determined to be incompetent:
a) The Lifelong Learning Academy will provide any notice required by the
IDEA regulations to both the child and the parents; and
b) All rights accorded to parents under Part B of the Act transfer to the child
2) When the rights are transferred, the Lifelong Learning Academy will provide
notice to the child and parent of the transfer of rights.

Notification of these rights is available, upon request, on audiotape, in
Braille, and in languages other than English. You may contact the Arizona
Department of Education at 602-542-3111.