ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: ED DP 9-1-0-0 | 3rd Read 55-1-4-0

Senate: ED DPA 7-0-1-0 | 3rd Read 25-0-5-0

Final Pass: 53-0-7-0    


HB 2031: higher education; individuals with disabilities

Sponsor: Representative Udall, LD 25

Transmitted to the Governor

Overview

Details the documentation a university under the jurisdiction of the Arizona Board of Regents (ABOR) or a community college must accept to establish that an enrolled or admitted student has a disability.

History

The Individuals with Disabilities Act (IDEA) requires every public school student who receives special education services in kindergarten or any of the 1st-12th grades and who falls under a prescribed disability category to have an individualized education program (IEP) (20 U.S.C. § 1401). An IEP must include: 1) a statement of the child's present levels of academic achievement and functional performance; 2) a statement of measurable annual goals; 3) a description of how the child's progress toward meeting the annual goals will be measured; 4) a statement of the special education and supplementary aids and services to be provided; 5) an explanation of the extent to which the child will not participate in a regular class; 6) a statement of any individual appropriate accommodations; and 7) the projected date for the beginning of services and modifications (34 C.F.R. § 300.320).

Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of a disability in programs or activities that receive federal financial assistance from the United States Department of Education (U.S. ED) (29 U.S.C. § 794). State statute defines a Section 504 plan as a written statement developed for a pupil with disability that includes the provision of regular or special education and related aids and services that is designed to meet individual educational needs (A.R.S. § 15-731).

The Americans with Disabilities Act of 1990 (ADA) prohibits state and local governments from discriminating on the basis of disability (28 C.F.R. § 35). The U.S. ED enforces the ADA in public colleges, universities and graduate and professional schools.

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteDirects a university under the jurisdiction of ABOR or a community college to adopt policies that make the following submitted by an enrolled or admitted student sufficient to establish that the individual has a disability:

a)   Documentation that the individual has had an IEP in accordance with the IDEA;

b)   Documentation describing services or accommodations provided to the individual pursuant to a Section 504 plan;

c)   A plan or record of service from a private school, local education agency, a state educational agency or an institution of higher education provided in accordance with the ADA;

d)   A record or evaluation from a relevant licensed professional finding that the individual has a disability;

e)   A plan or record of disability from another institution of higher education; or

f) Documentation of a disability due to service in the uniformed services. (Sec. 1)

2.   Specifies that a university or community college may ask for additional documentation from an individual who had an IEP but who was subsequently determined to be ineligible for services under the IDEA. (Sec. 1)

3.   Mandates that a university's or community college's policies be transparent and explicit regarding the process by which eligibility for accommodations for an individual with a disability is determined. (Sec. 1)

4.   Instructs a university or community college to disseminate these policies to students, faculty and the public in accessible formats. (Sec. 1)

5.   Allows a university or community college to establish less burdensome criteria than the outlined documentation to establish an individual has a disability. (Sec. 1)

6.   Specifies that a university or community college must engage in the interactive process to establish a reasonable accommodation, including requesting additional documentation if needed, for an individual pursuant to Section 504 and the ADA. (Sec. 1).

7.   Provides that the meaning of reasonable accommodation or record of impairment or the rights or remedies provided under the ADA are not affected. (Sec. 1)

 

 

 

 

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                        HB 2031

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