School Closures and Students with Disabilities

School Closures and Students with Disabilities

Feeling confused or overwhelmed by school closures and what they mean for your child with a disability?

This information session is designed for parents who are trying to navigate upcoming school closures.   Learn what school closures mean for services and supports, explore available options, and gain practical guidance to advocate confidently for your child.  We will also provide parents with questions that they can ask now to help them navigate upcoming school closures.

Watch the Presentation: Click Here

Passcode: 3G+E9%05

School Closures Info Session

Follow up- Questions for Parents to Ask

1. Will there be a tour of the new school or opportunity to meet teachers/staff/principal? If so, when will that be held?

2. Will the curriculum stay the same at the new school site? Do they use a district-wide curriculum? If there will be a different resource teacher will they use the same program? materials?

3. If I drop off my child, where will they be dropped off? Will there be an aide or someone to help them get to their new classroom if they don’t take the bus?

4. If my child is in a separate/special program, will the entire group of students and teachers/support staff all go to the same new site?

5. What about siblings? How can I keep them together so that I don’t have children in multiple schools? Will the district provide sibling ride-alongs?

6. How is the campus accessible to students with physical disabilities – I.e. playground, steps/elevator access?

7. Is there a restroom available for a student who still needs assistance, that ensures their privacy?

8. Will my child’s current team do a transition IEP/504 or will the new school be doing new IEPs/504s?

9. If the bus ride is long and my child has significant health/behavioral needs, will an aide or nurse be riding the bus with my child?

10. Who will be my contact person at the new building?

11. Will existing school staff be transitioning with the students?

School Closures and Students with Disabilities

Evaluations and Services for Private School and Homeschool Students

PARENT AND ADVOCATE CHECKLIST

Does your child struggle in school? Do you suspect your son or daughter may have a disability and need additional services? Has a doctor or teacher suggested you have your child evaluated, but you don’t know where to begin?

Your student can obtain a free evaluation (and perhaps follow-up services) from your local school district—even if your child is in a private school or homeschooled.

STEP 1 – Referral

Under a federally mandated process called Child Find, all school districts must locate, identify, and evaluate all students ages 3-21 suspected of having a disability. This includes students in private schools and homeschooled students.

Who Initiates the Referral? A parent or private school staff may start the process by contacting their local school and asking for a child to be evaluated. This request may be verbal, but it is better to put it in writing.

What School District Is Responsible? If your child attends a non-profit private school, the school district in which the private school is located is responsible for providing services. If your child is homeschooled, it is the school district in which the family lives.

What Is the Evaluation Timeline? Once the parent consents, the student’s evaluation must be conducted within 60 days. (States timelines may vary.)

When Evaluations Are Denied
Schools can deny evaluation requests. If they do, they must notify families in writing with an explanation for the refusal. This is called giving prior written notice.

STEP 2 – Evaluation

Evaluation results help determine a student’s eligibility for special education and related services.

How Does the Evaluation Process Work? The school’s team reviews all information about the student, including test scores, grades, teacher observations, and parents’ thoughts and concerns. Next, the school’s team decides if a child has a disability, whether your child needs specially designed education and related services, or whether more information is needed.

What Happens If Parents Disagree with the Results? Parents have the right to take their child for an Independent Educational Evaluation (IEE) at the district’s expense.

STEP 3 – Eligibility

The evaluation team–including school and district professionals and parents–will then meet to discuss the evaluation results. Together the team will decide if your child is eligible for special education and related services as defined by state and federal law.

If the student receives a diagnosis, the district must offer a “free and appropriate public education” (FAPE).

If the Family Chooses to Attend Public School: The school will develop an individualized education program (IEP) for the student.

If the Family Remains in a Private School: The district will develop a service plan.

If Parents Disagree with the Evaluation Process: Parents or private school representatives may file a complaint with the state department of education.

STEP 4 – Service Plan

A service plan will not be as comprehensive as an IEP. However, it will identify the special education and related services the district offers free of charge to private school and homeschool students.

  • Where Do Services Take Place? Students may not be able to receive services at their private school. The district can require students to go to a public school for services like speech therapy sessions.

Please note that the district can and may alter its plan for these services at any time. Parents have the right to participate in annual decision-making meetings, and a private school representative must attend each service plan meeting.

For More Information

Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools – Revised February 2022

 

School Closures and Students with Disabilities

Least Restrictive Environment

Inclusion is the best predictor of academic success for students with disabilities. While inclusion in Arizona has improved, progress varies by disability. Students with intellectual disabilities still have the lowest rates. We have identified five straightforward ways Arizona can continue supporting inclusion to change lives. 

Why Inclusion Matters

Inclusion happens when all students–those with disabilities and those without–learn in the same classroom. Students with disabilities still receive special education services, yet they learn alongside their peers in general education classrooms. Inclusion is a civil right. It is the opposite of segregation. Students with disabilities must be afforded equal opportunities. 

Research agrees that inclusive learning is best for students. It changes students’ lives through social and academic growth.

  • International Findings: Researchers reviewed 280 studies spanning 25 countries and found “clear and consistent evidence that inclusive educational settings can confer substantial short- and long-term benefits for students with and without disabilities.” 
  • Math & Reading Improvement: More recently, Indiana University released two new studies stating that “students with disabilities who spend 80% or more of their time in a general education inclusive classroom do significantly better in both reading and math assessment than their peers who are placed in separate special education classrooms.”
  • Peers Benefit: Inclusive practices are best practices which can benefit all children—those with disabilities and those who are typically developing.  Research suggests that inclusion can have important positive benefits for their peers without disabilities by building empathy and understanding across student bodies. 

The time K-12 students spend with peers matters greatly. It lays essential groundwork for academic achievement, social engagement, and–eventually–integrated employment opportunities. This is why we must support inclusion when our children are young, so they are prepared to join a competitive and integrated workforce.

Measuring Inclusion

The presumption of inclusion has been enshrined in the Individuals with Disabilities Education Act (IDEA) since 1975. The law refers to it as the “least restrictive environment” (LRE).

LRE is not only measured and indicated on every student’s IEP, but all states must set LRE goals and report progress annually at both the state and district level. In Arizona, this includes charter schools too.

LRE is referred to as “indicator 5” on the annual IDEA report. (“Indicator 6” reports LRE for preschool students.)

Individually, LRE is measured on IEPs as follows:

  • Level A: Inside the regular classroom 80% or more of the day.
  • Level B: Inside the regular classroom between 79% and 40% of the day.
  • Level C: Inside the regular classroom less than 40% of the day.
  • Level D: In separate schools, residential facilities, or home-bound/hospital placements. 

By the Numbers

  • National Progress: Annual reports to Congress on the implementation of IDEA show decades of growth for inclusive education. 

Table 1 – LRE Over Time

1990 2000 2010 2020
Inside the regular class >80% of the day 31.1 46.5 60.5 66.0
Inside the regular class 40%-79% of the day 36.4 29.8 20.0 16.6
Inside the regular class <40% 25.0 19.5 14.2 12.6
Other 5.6 4.2 5.3 4.8

https://nces.ed.gov/programs/digest/d23/tables/dt23_204.60.asp 

  • State Rankings: Nationally, Arizona ranks 26th for inclusion, with 69% of its students with disabilities spending over 80% of their day in a regular classroom. (That’s LRE Level A for those keeping track.) The data demonstrates wide variability. Alabama is first with 83% and New Jersey comes in last at 44%.
  • By Disability: Inclusion varies widely by disability. This disparity between disability types exists nationally, and unfortunately, there has been little change over time. 

Table 2. LRE by Disability

2022 >80% 40-79% <40%
Speech or language impairment 88.5 3.7 3.6
Specific learning disability 76.3 18.5 3.4
Other health impairment 70.7 17.9 7.5
Visual impairment 70.1 11.5 8.6
Developmental delay 68.8 14.9 14.7
Hearing impairment 65.2 13.5 9.7
Orthopedic impairment 58.9 15.0 19.1
Emotional disturbance 55.9 16.9 13.7
Traumatic brain injury 51.5 20.8 19.6
Autism 40.6 17.2 34.7
Deaf blindness 31.4 12.3 29.7
Intellectual disability 20.8 27.8 45.5
Multiple disabilities 16.0 18.2 43.5

https://nces.ed.gov/programs/digest/d23/tables/dt23_204.60.asp

  • By Grade: Inclusion levels drop by grade. In 2023, 72% of Arizona kindergarteners with disabilities experienced Level A inclusion. By age 18, only 55% do.
  • By District: Inclusion in Arizona varies by district and charter school. The LRE of each district and charter school (also known as public education agencies or PEAs) is reported to the federal government and posted publicly. Click here and select Indicator 5 to look up your district or charter school. Note that there are many spots with ‘*’ indicating that there are too few students to publicly report.

    Every state selects a target for all LRE levels and then must determine whether each PEA has met the target. Arizona’s target for the % of students who spend over 80% in regular classrooms is 69.63%. Of the 636 PEAs reported 533 met the target but 103 did not. It is interesting to note the wide variance in results.

Table 3. LRE Range

Level A Indicator Range % Number of AZ PEAs
100 thru 91 276
90 thru 81 96
80 thru 71 86
STATE TARGET 69.63%
70 thru 61 41
60 thru 51 27
50 thru 41 9
40 thru 31 5
30 thru 21 1
20 thru 11 0

*95 PEAs did not have enough data to report.

5 Ways Arizona Can Support Inclusion

Inclusive education is the best way to give children the chance to learn and develop the skills they will need to thrive. With a few strategic changes, Arizona can continue improving inclusion to transform students’ futures.

1. Strengthen the Role of Inclusion in State Accountability

Arizona has already taken the groundbreaking step to measure inclusion in the state’s school accountability system. The accountability system’s “special education inclusion component” rewards schools that exceed the state average of LRE Level A inclusion. The State Board adopted this metric based on research demonstrating positive outcomes for students in schools that increase the time special education students spend in general education classrooms. However, it only applies to K-8 schools and is worth just two points.

 

Next Step: The state board of education should consider extending the special education inclusion component to high schools and increasing its value in the accountability system. 

 

2. Spotlight Success

Schools need to see and learn from examples of success. Virginia’s Inclusive Practices Partnership Project recognizes outstanding schools and educators who have embraced inclusive practices. The initiative also develops programs to ensure students with disabilities–especially those with more significant disabilities–have increased access to general education classrooms. 

Next Step: The Department of Education could partner with community organizations to create an award spotlighting schools and educators embracing inclusive practices.

3. Add the LRE Indicator to School Report Cards

The Arizona Department of Education’s school report cards website provides critical information to the public while meeting the requirements of state and federal law. Including the least restrictive environment indicator to school report cards would offer even more valuable information to families and advocates. 

Next Step: The department could also incorporate this information into the state report card with data disaggregated by disability.

  1. Create a Technical Assistance Center

The work of inclusion can be difficult, but it doesn’t have to be done alone. Some states have created organizations to offer an array of resources and support. Arizona could be next. 

Next Step: Create a technical assistance center to assist districts, schools and educators. Consider the following examples:

  • Florida Inclusion Network (FIN) at Florida State University
  • Pennsylvania Training and Technical Assistance Network (PATTAN)
  • Washington’s Inclusionary Practices Technical Assistance Network (IPTN)

  1. Require Schools to Self-Assess

Simply taking the time to self-assess helps schools to reflect on current practice and identify ways to support inclusion. In Virginia, state law requires school divisions to complete an Inclusive Practices Self-Assessment and Action Planning Form every three years. Assessment results go to the Virginia Department of Education (VDOE), the division’s superintendent, the special education director, the local school board, and the special education advisory committee. (The VDOE also offers a website of resources to assist with the process.)

Similarly, the Florida legislature requires that “once every 3 years, each school district and school shall complete a Best Practices in Inclusive Education (BPIE) assessment with a Florida Inclusion Network facilitator.”


Next Step: Arizona should consider requiring schools to regularly self-assess their progress toward inclusion.

For More Information: Indicator 5 

Indicator 5 Data by District and Charter
FAQ – Least Restrictive Environment – Disability Rights Arizona 

 

 

 

 

 

 

School Closures and Students with Disabilities

Autism Evaluations

Not all Arizona students with a medical diagnosis of autism qualify for special education services. Naturally, families are confused and frustrated. 

Medical Diagnosis v. Educational Evaluation

There is a difference between a medical diagnosis of autism that may lead to medical services and an educational evaluation that may result in special education services and supports. Families often expect that if their child receives a medical diagnosis of autism spectrum disorder (ASD) that their child will also meet the education-based eligibility criteria. However, this isn’t always the case.

Rising Autism Diagnoses

Increasing awareness and early identification methods are leading to a rise in autism diagnosis.

  • Eight-year-old Children: In 2023, the CDC released data showing that about 1 in 36 eight-year-old children in the U.S. were identified with autism spectrum disorder in 2020. This is up from the 1 in 44 in 2018. 
  • K-12 Students: Nationally, about 13% of students with disabilities were identified with autism during the 2022-23 school year. Arizona is at 12%. That is up 8% from the 2008-09 school year when about 5% of students participating in special education services were identified with autism. 

Method of Evaluation

Medical diagnoses and educational evaluations are different. The Arizona Department of Education notes that only students meeting these three criteria are eligible for special education services.

  • The student has a qualifying disability ​​per the IDEA (Individuals with Disabilities Education Act).
  • The disability impacts learning. (This is typically where the disagreement lies.)
  • There is a need for specially designed instruction. 

Consistency Needed

The Individuals with Disabilities Education Act (IDEA) provides a definition of autism, and many if not most states utilize a similar definition. However, our research reveals that many states have also delineated the process and evaluation criteria schools must use, hence increasing consistency and transparency. Some states have also developed corresponding forms, templates and supportive training materials. Arizona has not

To be clear – the other states have evaluation criteria for all disabilities – not just autism.

Notably, Arizona state board rule has a section listing what is needed for a full and individual evaluation for some disabilities, autism is missing. 

Next Steps

The following recommendations are offered with the goal of increasing transparency and clarity to reduce confusion and frustration for families of children with autism and other critical stakeholders. Champions for Kids stands ready to support these efforts.

The Arizona Department of Education should collaborate with experts including psychologists, speech and language pathologists, parents, advocates, and other stakeholders to: 

  • Develop and propose specific criteria for the evaluation of autism in state board rule.
  • Evaluate and determine if statutory definition changes are recommended.
  • Develop evaluation criteria along with common forms, templates, guidance, and training materials for families, schools, and districts.

Arizona State Board Rule R7-401(E)(7)

For the following disabilities, the full and individual initial evaluation shall include: 

a. Emotional disability: verification of a disorder by a qualified professional.

b. Hearing impairment: 

  •      An audiological evaluation by a qualified professional, and
  •      An evaluation of communication/language proficiency.

c. Other health impairment: verification of a health impairment by a qualified professional. 

d. Specific learning disability: a determination of whether 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 meets the public education agency criteria through one of the following methods:

  •      A discrepancy between achievement and ability; 
  •      The child’s response to scientific, research-based interventions;
  •      Other alternative research-based procedures.

e. Orthopedic impairment: verification of the physical disability by a qualified professional. 

f. Speech/language impairment: an evaluation by a qualified professional.

g. For students whose speech impairments appear to be limited to articulation, voice, or fluency problems, the written evaluation may be limited to:

  • An audiometric screening within the past calendar year,
  • A review of academic history and classroom functioning, 
  • An assessment of the speech problem by a speech therapist, or 
  • An assessment of the student’s functional communication skills. 

h. Traumatic brain injury: verification of the injury by a qualified professional.

  • Visual impairment: verification of a visual impairment by a qualified professional.

School Closures and Students with Disabilities

State Compliance Process

When public school students with disabilities experience a violation of their rights under IDEA, parents and advocates can use the State Complaint process to notify the Arizona Department of Education (ADE). Federal regulations require–and federal grants fund–this process to offer families an accessible and free route to fix violations. This State Complaint system is codified in state board rule and more information can be found on the Department’s webpage

Today’s Challenge

Arizona’s system is currently set up to meet the bare minimum requirements of the federal law, meaning ADE will only investigate violations of Part B of IDEA and directly related state laws and rules. All allegations of discrimination are directed to the Office for Civil Rights in the U.S. Department of Education, whose enforcement capacity has been steadily eroding.

While federal law hasn’t changed, federal enforcement efforts have. Administrative, budget, and personnel change have hollowed out federal oversight, reducing enforcement and options for families. Arizona now faces a choice. Will we fill the void left by federal oversight and uphold the promise of IDEA for students with disabilities?

The Complaints

In 2025, ADE received 160 State Complaints. According to ADE’s response to a public records request:

  • 45 complaints did not meet the stringent criteria of a “procedural” IDEA violation. 
  • 13 were withdrawn for unclear reasons.
  • 107 were investigated, but only 40 (37%) led to corrective action.

Recommendations 

Our state doesn’t have to rely on federal enforcement to safeguard its children with disabilities. The State Complaint process helps families and advocates, but its impact could extend further if we increase transparency and consistency. Arizona should consider the following ideas to protect these students, especially as federal involvement fades.

  • Create and maintain a repository of all reports. Other states already offer in-depth public reporting on this process. Indiana for example, provides a public database of all complaint investigation reports going back 25 years. Publicly releasing redacted complaint reports would make it easier to ensure fairness and consistency across complainants, investigators, and schools.
    (The Arizona State Complaints data used in this brief was obtained through a public records request because it is not publicly available on the ADE website.)
  • Provide an annual report. Arizona should offer a detailed annual report of the State Complaint process to spotlight the specific issues schools face and identify patterns across districts. The report should contain a detailed summary of all complaints received and sent to the legislature, Governor’s office and state board of education.
  • Require that an attorney with special education legal expertise oversee the dispute resolution department. would help assure families that the law is being interpreted and applied correctly. Families deserve a process they can trust. Yet advocates report that State Complaint findings can vary.
  • Expand state complaint jurisdiction.  Arizona’s current rule mirrors federal requirements–but these are a floor, not a ceiling. With the scope of the federal government’s enforcement diminishing, families need a way to report to include enforcement of federal disability-based discrimination laws and potentially state laws such as restraint and seclusion and open enrollment. 

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