Special Education

The below information pertains to Arizona school districts.

Need RFP for therapist services in the Special Education Program:

Q: In the Special Education program, is a district required to issue an RFP for services provided by a therapist (e.g. occupational, speech, physical) even if ADE compiles an approved list of vendors or facilities?

A: Yes. ACC R7-2-1002 states that the School District Procurement Rules apply to every expenditure of public monies, including federal assistance monies and grants. Provided there are no special circumstances based on the particular grant requirements.The district should follow procurement rules specified in A.R.S. 15-213 for the procurement of all services when the total procurement cost exceeds the competitive sealed bidding threshold. If the procurement involves the expenditure of federal assistance or contract monies, the district should also comply with all applicable federal law and authorized regulations that are not presently reflected in the procurement rules. Based on this, a district is required to follow proper procurement procedures for obtaining the services of a therapist for a special education child. The IEP typically states that a therapist be provided; rather than name the therapist that must be used. In addition, the existence of an approved list of providers from the ADE does not necessarily limit the district to obtaining services from one of these providers, unless specifically stated in writing to the district by ADE. Even if ADE has limited the districts to specific providers on an approved list the district should still competitively procure services from among the providers on the list.

Need parental approval?

Q: Can a school place a child in the special education program without parental approval?

A: No.

Special education file when student withdraws:

Q: Can a district send a student's special education file to another district when the student withdraws?

A: Yes. However, a copy of all applicable information must be retained to document placement during the time the student was enrolled and the records should be maintained in accordance with records management guidelines.


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