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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
special education; transition services; requirements
Purpose
Establishes the Individualized Education Program Advisory Council (Advisory Council) within the Division of Special Education to develop and adopt a statewide template for Individualized Education Programs (IEPs) and a postsecondary education transition planning form as outlined. Requires public schools to use the statewide template for IEPs and provide transition services for each student who is a child with a disability. Prohibits a public school from issuing a diploma to a child with a disability without providing notice at least one year before the graduation date.
Background
The federal Individuals with Disabilities Education Act ensures that all children with disabilities have free, appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living. A public school must have an IEP in effect for each child with a qualifying disability in specified categories. An IEP is a written statement that includes: 1) a child's academic achievement and functional performance and goals; 2) the services, aids, support and any individual accommodations to be provided; 3) the projected beginning date of the services and modifications; and 4) beginning when the child is 16 years old, appropriate postsecondary goals and the transition services to assist in reaching those goals (20 U.S.C. §§ 1400 and 1414).
Transition services means a coordinated set of activities for a child with a disability that: 1) is designed to be within a results-oriented process focused on improving the academic and functional achievement of the child to facilitate the child's movement from school to post-school activities; 2) is based on the individual child's needs, taking into account strengths, preferences and interests; and 3) includes instruction, related services, community experiences, the development of employment, other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
Child with a disability means a child who: 1) is between 3 and 22 years old; 2) has been evaluated and found to have at least one of the specified disabilities; and 3) because of the disability, needs special education and related services (A.R.S. § 15-761).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Advisory Council
1. Establishes the Advisory Council within the Arizona Department of Education's (ADE's) Division of Special Education.
2. Directs the SBE to appoint Advisory Council members for staggered three-year terms, including at least:
a) one special education director;
b) one parent of a child with a disability; and
c) one student who is a child with a disability.
3. Requires the Advisory Council to develop and adopt, subject to SBE-approval, a statewide template for IEPs that:
a) is written in plain and concise language;
b) is designed and structured in a clear and logical manner that is understandable by laypersons and that facilitates data collection;
c) meets all federal requirements; and
d) includes the postsecondary education transition planning form developed by the Advisory Council.
4. Requires the Advisory Council to annually review the adopted statewide template for IEPs to determine what changes, if any, are necessary to ensure that the template:
a) focuses on the strengths of each child with a disability;
b) is designed to improve student outcomes and support instruction that is aligned with state standards;
c) promotes early learning, postsecondary transition planning and maximum participation in regular education classes;
d) assists special education teachers with planning and delivering specially designed instruction, accommodations and program modifications to meet the unique needs of each child with a disability;
e) promotes meaningful participation of regular education teachers in developing IEPs and delivering specialty designed instructions; and
f) facilitates coordination with the Department of Economic Security (DES) if the child with a disability may be eligible for services.
5. Requires the Advisory Council to develop a postsecondary education transition planning form for public schools to provide, with the child with a disability's IEP, to each high school student who is a child with a disability that includes:
a) high school graduation competency requirements;
b) course enrollment plans;
c) the expected graduation date and the age of the child with a disability on the expected graduation date; and
d) information about preemployment transition services provided by DES and career and technical education, dual enrollment and concurrent enrollment opportunities.
Public School Requirements for the Statewide Template for IEPs and Transition Services
6. Requires, beginning July 1, 2026, each school district and charter school to use:
a) the statewide template for IEPs; or
b) a template that is substantively identical to the statewide template for IEPs.
7. Requires ADE to incorporate the statewide template for IEPs into ADE's special education procedures and guidelines, including:
a) ADE's procedures for evaluating the special education programs, instruction and services provided by a public school; and
b) any training provided by ADE to school personnel.
8. Requires the SBE to adopt standards for transition services provided by public schools.
9. Adds, to a school district governing board's statutory powers and duties, a requirement to provide transition and planning services.
10. Requires each public school that provides instruction to high school students to develop a plan for providing transition services for each student who is a child with a disability before the student completes grade nine or reaches 16 years of age, whichever comes first.
11. Allows transition services to be integrated into and occur simultaneously with a student's coursework and be provided for more than four years, as determined by the child with a disability's IEP team.
12. Requires transition services provided by a public school to include:
a) annual completion of at least one formal transition assessment and one informal assessment to identify appropriate, measurable postsecondary educational goals for the child with a disability;
b) the postsecondary education transition planning form; and
c) any devices or services that are necessary for the child with a disability to communicate in a postsecondary education environment.
13. Requires each public school that provides transition services to:
a) review and revise the transition services as necessary, but at least once during each year of the child with a disability's enrollment in a high school in Arizona; and
b) provide transition services in the least restrictive environment, as determined by the child with disability's IEP team.
14. Requires ADE to:
a) develop guidelines for how public schools may comply with the least restrictive environment requirement and how the least restrictive environment is calculated for the purpose of federal reporting requirements;
b) provide formal transition assessments for students with significant disabilities, as requested by public schools; and
c) develop sample forms that public schools may use to report to the parents of a child with a disability, or to a child with a disability who is at least 18 years of age, the child's progress toward accomplishing the SBE-adopted transition services standards.
15. Allows ADE, subject to SBE-approval, to issue guidelines for high school graduation, transition services and postsecondary education planning for children with disabilities.
Children with Disabilities Graduation
16. Prohibits a child with a disability from being issued a high school diploma without providing notice to the child's parent or guardian, or the child if at least 18 years old, at least one year before the child's anticipated high school graduation date.
17. Requires the graduation notice to include:
a) the anticipated high school graduation date of the child with a disability;
b) a list of the credits and coursework that the child with a disability must complete to graduate from high school; and
c) the transition services that the school will provide to the child with a disability before the high school graduation.
18. Requires a public school, if the parent or guardian of a child with a disability, or the child if at least 18 years old, disagrees with the school's determination that the child with a disability has satisfied the SBE-adopted high school graduation requirements, to provide to the parent, guardian or child with a disability:
a) the curriculum for each course for which the child with a disability earned academic credit to meet the high school graduation requirements; and
b) evidence that each course accomplishes the SBE-adopted academic standards for the relevant subject area.
19. Specifies that a public school must provide the outlined information for a parent, guardian or child with a disability that disagrees with the school's determination at least 45 school days before the anticipated graduation date of the child with a disability or within 15 days of the school receiving notification of the disagreement, whichever is later.
20. Prohibits ADE from imposing a penalty or withholding funding from a school for not issuing a high school diploma to a child with a disability.
21. Applies, to extended-year graduation rates for children with disabilities, the same weight as the adjusted cohort graduation rates, if applicable, for the purposes of a school's or local education agency's annual achievement profile performance indicators.
Web-Based Statewide Template for IEPs Study
22. Requires ADE and the Advisory Council to study the feasibility of creating a web-based statewide IEP system, including:
a) the estimated cost of developing and maintaining the system;
b) how long it will take to develop a system, together with a proposed schedule to develop the system and implement the system by Arizona public schools; and
c) statewide IEP systems developed in other states.
23. Requires ADE, by December 31, 2024, to submit a report to the Speaker of the House of Representatives (Speaker) and the President of the Senate (President) and provide a copy of the report to the Secretary of State (SOS) that contains the findings of the study and recommendations for creating a web-based, statewide IEP system.
24. Repeals the statewide IEP system study on February 1, 2025.
Coordinated Services for Children with Disabilities Study Committee
25. Establishes the Coordinated Services for Children with Disabilities Study Committee (Study Committee) to develop resources for children with disabilities and the families of such children.
26. Requires the Study Committee to consist of:
a) a representative from ADE;
b) a representative from DES's Division of Developmental Disabilities;
c) a representative from the Developmental Disabilities Planning Council;
d) two members of the public who provide special education and related services to children with disabilities, with one appointed by the Speaker and one appointed by the President; and
e) two members of the public who are either a child with a disability or an immediate family member of a child with a disability, with one appointed by the Speaker and one appointed by the President.
27. Requires the Study Committee to:
a) solicit testimony from subject-matter experts, parents of children with disabilities and members of the public about their experiences working with state agencies, public schools and state programs during postsecondary education transitions;
b) recommend changes to improve how public schools and state agencies coordinate services and benefits, including changes to facilitate state agencies' participation in the development of student IEPs;
c) recommend the types of resources and information that children with disabilities and the families of children with disabilities need to plan for postsecondary education transitions;
d) review existing intergovernmental agreements relating to services for children with disabilities and, if necessary, recommend changes to guidelines, time frames and expectations for each party to an agreement; and
e) identify the roles and responsibilities of each of the following persons with respect to postsecondary education transition planning, beginning when the child with a disability reaches 14 years of age until the child either receives a high school diploma or exceeds the maximum age to be eligible for a free appropriate public education under state and federal law:
i. students who are children with disabilities;
ii. parents of students who are children with disabilities;
iii. public schools;
iv. DES, including both the vocational rehabilitation services and services provided by the Division of Developmental Disabilities; and
v. private vendors.
28. Allows the Study Committee to hold hearings and take testimony from witnesses who may assist the Study Committee in fulfilling its responsibilities.
29. Determines that Study Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses as authorized by statute.
30. Requires the Study Committee, by December 31, 2024, to submit a preliminary report of its findings and recommendations to the Governor, the President and Speaker.
31. Directs the Study Committee to solicit feedback and comments on the preliminary report from the Superintendent of Public Instruction and the Director of the Department of Economic Security and incorporate the feedback and comments into the Study Committee's final report.
32. Requires the Study Committee, by December 31, 2025, to submit a final report of its findings and recommendations to the Governor, the President and Speaker and provide a copy of the report to the SOS.
33. Repeals the Study Committee on January 1, 2027.
Miscellaneous
34. Defines transition services.
35. Makes technical and conforming changes.
36. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the unspecified appropriation from the state General Fund in FY 2025 to ADE for developing the statewide template for IEPs.
2. Delays, until July 1, 2026, the requirement for each public school to use the statewide template for IEPs.
3. Allows a public school to use an IEP template that is substantively identical to the statewide template for IEPs.
4. Removes the specification that a public school that contracts with a third-party provider to develop IEPs is not required to use the statewide template for IEPs until after the contract expires.
5. Outlines requirements for ADE relating to the statewide template for IEPs and allows ADE to issue specified guidelines relating to the graduation and postsecondary education of children with disabilities.
6. Prohibits the issuance of a high school diploma without providing notice to, rather than the written consent of, the child's parent, guardian or the child if at least 18 years old, at least one year before the child's graduation.
7. Outlines procedures and requirements for a public school if a parent, guardian or child with a disability disagrees with the school's determination relating to the child's high school graduation.
8. Modifies requirements for the Study Committee.
9. Makes technical changes.
Senate Action
ED 2/14/24 DP 7-0-1
APPROP 2/20/24 DP 8-1-1
Prepared by Senate Research
March 7, 2024
MH/slp