SB1463 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-235, Arizona Revised Statutes, is amended to read:

START_STATUTE15-235. Division of special education; director; duties; qualifications; special education advisory committee; individualized education program advisory council

A. A The division of special education is established to carry out this section, section 15-236 and chapter 7, article 4 of this title subject to the superintendent of public instruction.

B. There shall be at least one director of the division of special education.

C. The director or directors shall carry out this section, section 15-236 and chapter 7, article 4 of this title and the duties prescribed by the state board of education relating to the administration of this section, section 15-236 and chapter 7, article 4 of this title.

D. The division of special education may review special education programs, including placement of pupils, to determine that program, evaluation and placement procedures comply with sections 15-766 and 15-767 and the rules approved by the state board of education.

E. Only a person who is experienced in special education is eligible for appointment as a director of the division of special education.

F. A special education advisory committee is established that shall advise and consult with the state board of education, the superintendent of public instruction and the director or directors of the division of special education and that shall engage in other activities as are provided in this section. The advisory committee shall be composed pursuant to the requirements of 20 United States Code section 1412(A)(21)(b) and (c) 1412(a)(21)(B) and (c). The state board of education shall appoint the members of the advisory committee for staggered three year three-year terms. Vacancies shall be filled for the unexpired term in the same manner as original appointments.

G. The special education advisory committee shall have a minimum of two meetings a year.

H. The special education advisory committee annually shall elect its own chairman and vice-chairman vice chairman. The state board of education shall regularly submit, as part of its budget request, any item or items sufficient to cover expenses of the operation of the advisory committee, and of its members in connection with their attendance at meetings of the advisory committee and other advisory committee activities.

I. the individualized education program advisory council is established within the division of special education. The state board of education shall appoint the members of the advisory council, including at least one director of special education, at least one parent of a child with a disability and at least one student who is a child with a disability, for staggered three-year terms. The advisory council shall:

1. Develop and adopt, subject to approval by the state board of education, a statewide template for individualized education programs. The statewide template adopted pursuant to this paragraph must:

(a) Be written in plain and concise language.

(b) Be designed and structured in a clear and logical manner that is understandable by laypersons and that facilitates data collection.

(d) include the form that is developed pursuant to PARAGRAPH 3 of this subsection.

2. Annually review the statewide template adopted pursuant to paragraph 1 of this subsection 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.

(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 individualized education programs and delivering specially designed instruction.

(f) Facilitates coordination with the department of economic security if the child with a disability may be eligible for services provided under title 23, chapter 3, article 1.

3. Develop a postsecondary education transition planning form for public schools to provide, with the child with a disability's individualized education program, to each high school student who is a child with a disability. The form must include all of the following for each child with a disability:

(a) Competency requirements for graduation from high school.

(b) Course enrollment plans.

(d) Information about each of the following:

(i) Career and technical education opportunities.

(ii) dual enrollment opportunities.

(iii) Concurrent enrollment opportunities.

(iv) Preemployment transition services provided by the department of economic security pursuant to title 23, chapter 3, article 1. END_STATUTE

Sec. 2. Section 15-241, Arizona Revised Statutes, is amended to read:

START_STATUTE15-241. School, charter school and school district accountability; annual achievement profiles; classification; letter grade system; profiles; appeals process; failing schools tutoring fund; definition

A. On or before November 1 of each year, the department of education shall compile for each public school and local education agency, and shall recommend to the state board of education, an annual achievement profile that consists of an educational dashboard that reflects the achievement for each public school and local education agency on the academic and educational performance indicators prescribed in subsection D of this section, except that a career technical education district may not be assigned a letter grade pursuant to this section. The department shall provide any technical assistance needed by the state board to make final adoption of the annual achievement profile.

B. Each school, charter holder and school district shall submit to the department of education any data that is required and requested and that is necessary to compile the achievement profile. A school or local education agency that fails to submit the information that is necessary is not eligible to receive monies from the classroom site fund established by section 15-977.

C. The annual achievement profile compiled by the department of education and recommended to the state board of education shall be used to determine a standard measurement of acceptable academic progress for each school and local education agency and a school and local education agency classification pursuant to subsection G of this section. Any disclosure of educational records compiled by the department pursuant to this section shall comply with the family educational rights and privacy act of 1974 (20 United States Code section 1232g).

D. The annual achievement profile for schools and local education agencies shall include, at a minimum, the following academic and educational performance indicators:

1. Multiple measures of academic performance or other academically relevant indicators of school quality that are appropriate to assess the educational impact of a school during the academic year as determined by the state board of education.

2. Academic progress on assessments adopted pursuant to sections 15-741 and 15-741.02 in English language arts and mathematics.

3. Academic progress on the English language learner assessments administered pursuant to section 15-756, subsection B and section 15-756.05.

4. Progress toward college and career readiness for all schools and local education agencies that offer instruction in any of grades nine through twelve.

5. Academic progress on assessments administered pursuant to section 15-741.02.

6. Multiple measures of educational performance or other relevant indicators of school quality that assess a school's educational impact, such as:

(a) Graduation rates. and For the purposes of this subdivision, Extended-year graduation rates for children with disabilities as defined in section 15-761 shall be given the same weight as the adjusted cohort graduation rates, if applicable.

(b) Attendance rates.

E. If neither the school nor the school district meets the minimum student count as recommended by the department of education and approved by the state board of education for any of the performance indicators prescribed in subsection D of this section, the performance indicator shall not be factored into the letter grade assigned pursuant to this section.

F. Subject to final adoption by the state board of education, the department of education shall determine the criteria for each school and local education agency classification on each performance indicator of the annual achievement profile prescribed in subsection D of this section using a researched-based research-based methodology and shall recommend to the state board for final adoption the criteria for each school and local education agency classification. The department shall develop the methodology in collaboration with a coalition of qualified technical and policy stakeholders appointed by the state board. The department shall provide technical assistance and, on request, student or statewide performance indicator data needed to determine and calculate the methodology and final letter grades. At a minimum, the methodology shall include the performance of pupils at all achievement levels, account for pupil mobility, account for the distribution of pupil achievement at each school and local education agency and include longitudinal indicators of academic performance. For the purposes of this subsection, "researched-based research-based methodology" means the systematic and objective application of statistical and quantitative research principles to calculate the indicators used to determine A through F letter grades.

G. The annual achievement profile shall use classifications based on an A through F letter grade system adopted by the state board of education in which a letter grade of A reflects an excellent level of performance and a letter grade of F reflects a failing level of performance. The A through F letter grade system shall be applied to each performance indicator of the annual achievement profile prescribed in subsection D of this section, and the state board shall assign an overall letter grade for the public school or local education agency. The A through F letter grade system shall indicate expected standards of performance for all schools on each performance indicator of the annual achievement profile prescribed in subsection D of this section and the manner in which schools may rise above or fall below those expected standards of performance. The state board may also assign a school a letter grade of F on each performance indicator of the annual achievement profile prescribed in subsection D of this section if the state board determines that the school is among the persistently lowest-achieving schools in the state on the majority of the performance indicators of the annual achievement profile under the federal school accountability requirements pursuant to section 1003(g) of the elementary and secondary education act (20 United States Code section 6303).

H. The classification on each performance indicator of the annual achievement profile for each school and the criteria used to determine classification pursuant to subsections F and G of this section shall be included on the school report card prescribed in section 15-746.

I. Subject to final adoption by the state board of education, the department of education shall use achievement profiles appropriately to assess the educational impact of accommodation schools, alternative schools and extremely small schools, may develop profiles for schools that participate in the board examination system prescribed in chapter 7, article 6 of this title and schools that participate in Arizona online instruction pursuant to section 15-808 and may develop other exceptions as prescribed by the state board for the purposes of this section.

J. The department of education shall establish a process, including a deadline for when requests must be submitted, for a school or local education agency to correct student data used to determine the school's or local education agency's annual achievement profile. If a correction to student data is required, the department shall notify the school or local education agency of the data correction process and shall annually process student data correction requests. The state board of education shall establish an appeals process to allow a school or local education agency to appeal the school's or local education agency's final letter grade, or a letter grade applied to a performance indicator prescribed in subsection D of this section, based on mitigating factors, including achievement profile designations based on incorrect data, identified by the department.

K. The failing schools tutoring fund is established consisting of monies collected pursuant to section 42-5029, subsection E and section 42-5029.02, subsection A, paragraph 8 as designated for this purpose. The department of education shall administer the fund. The department may use monies from the fund to purchase materials designed to assist students to meet the Arizona academic standards and to achieve a passing score on assessments adopted by the state board of education.

L. For the purposes of this section, "academic progress" means measures of both proficiency and academic gain. END_STATUTE

Sec. 3. Section 15-763, Arizona Revised Statutes, is amended to read:

START_STATUTE15-763. Plan for providing special education; definition

A. All school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school. All children with disabilities shall receive special education programming commensurate with their abilities and needs. Each child with a disability shall be ensured access to the general curriculum and an opportunity to meet the state's academic standards. If appropriate to meet the needs of a pupil and to ensure access to the general education curriculum, specially designed instruction that is in accordance with a pupil's individualized education program may be delivered in a variety of education settings by a general education teacher or other certificated personnel provided that special education personnel certificated pursuant to section 15-203 are involved in the planning, progress monitoring and, when appropriate, involved in the delivery of the specially designed instruction. Pupils who receive special education shall not be required to achieve passing scores on the statewide assessment or the test that is identical to the civics portion of the naturalization test under section 15-701.01 in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless a passing score on the statewide assessment or the test that is identical to the civics portion of the naturalization test under section 15-701.01 is specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen years of age. The pupil's individualized education program shall include any necessary testing accommodations. Special education services shall be provided at no cost to the parents of children with disabilities.

B. Beginning on July 1, 2025, each school district and charter school in this state must use the statewide template for individualized education programs adopted pursuant to section 15-235.

B. C. The state board of education shall adopt guidelines to define a parent's or guardian's role or a pupil's role, if the pupil is at least eighteen years of age, in the development of a pupil's section 504 plan as defined in section 15-731, including testing and testing accommodations.

C. D. For the purposes of determining the services to pupils served by private schools under existing federal law, the state shall consider the term to include homeschooled pupils.

D. E. If federal monies are provided to a school district or a charter school for special education services to homeschooled or private schooled pupils, the school district or charter school shall provide the services to both the homeschooled pupils and the private schooled pupils in the same manner.

E. F. For the purposes of this section, "special education" has the same meaning prescribed in section 15-1201. END_STATUTE

Sec. 4. Section 15-764, Arizona Revised Statutes, is amended to read:

START_STATUTE15-764. Powers and duties of the school district governing board or county school superintendent

A. The governing board of each school district or the county school superintendent shall:

1. Provide special education and related services for all children with disabilities and make such programs and services available to all eligible children with disabilities who are at least three years but less than twenty-two years of age, except that a person who is being provided special education services at the time the person reaches twenty-two years of age shall continue to receive special education services from that school district until the end of that school year.

2. Employ supportive special personnel, which may include a director of special education, for the operation of special school programs and services for exceptional children.

3. To the extent appropriate, educate children with disabilities in the regular education classes. Special classes, separate schooling or other removal of children with disabilities from the regular educational environment shall occur only if, and to the extent that, the nature or severity of the disability is such that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.

4. Provide necessary specialized transportation in connection with any educational program, class or service as required by the pupil's individualized education program.

5. Establish a policy with regard to allowable pupil-teacher ratios and pupil-staff ratios within the school district or county for provision of special education services.

6. Provide transition planning and services pursuant to section 15-768.

B. The special education programs and services established pursuant to this section and section 15-765 shall be conducted only in a school facility which that houses regular education classes or in other facilities approved by the division of special education.

C. The governing body of each school district, county or agency involved in intergovernmental agreements, in cooperation with another school district or districts, may establish special education programs for exceptional children. When two or more governing bodies determine to carry out by joint agreement the duties in regard to the special education programs for exceptional children, the governing bodies, in accordance with state law and the rules of the division of special education, shall establish a written agreement for the provision of services. In such agreements, one governing body of each school district, an agency involved in intergovernmental agreements or the county shall administer the program in accordance with the contract agreement between the school districts. Tuition students may be included in the agreement. The agreement may also include lease-purchase of facilities for the special education programs for exceptional children.

D. The county school superintendent, upon on approval of the division of special education, may establish special education programs in the county accommodation schools under the jurisdiction of the superintendent or may cooperate with other school districts by agreement to provide such services for such special programs in accordance with the rules of the division of special education. At the beginning of each school year, the county school superintendent shall present an estimate of the current year's accommodation school exceptional programs tuition cost to each school district that has signed an agreement to use the services of the accommodation school. The tuition shall be the estimated per capita cost based on the number of pupils that each school district has estimated will enroll in the program, and the school district shall pay the tuition quarterly in advance on July 1, October 1, January 1 and April 1. Increases in enrollment during the school year over the school district's estimate of July 1 shall cause the tuition charges to be adjusted accordingly. In the event of overpayment by the school district of residence, the necessary adjustment shall be made at the close of the school year. END_STATUTE

Sec. 5. Section 15-766, Arizona Revised Statutes, is amended to read:

START_STATUTE15-766. Evaluation of children for placement in special education program; deferred graduation; due process hearing procedures

A. A special education referral shall be made under the direction of the chief administrative official of the school district or county, or such person officially designated as responsible for special education, after consultation with the parent or guardian.

B. Before a child who is suspected of having a disability is placed in a special education program, an evaluation shall be made in accordance with the individuals with disabilities education act (20 United States Code section 1414) to determine whether a the child is a child with a disability. A school district or charter school shall specify explicitly in the official notification to any parent that an initial evaluation may be conducted and that the parent has the option to consent to or refuse the initial evaluation in accordance with the individuals with disabilities education act (20 United States Code sections 615 and 1414). This evaluation shall be conducted within sixty days after receiving parental consent for the evaluation. A reevaluation shall be conducted not more than once each year, unless the parent and the public education educational agency otherwise agree, and at least every three years if the public educational agency determines that the educational or related services needs of the child warrant a reevaluation, or if the child’s parents or teacher requests a reevaluation, unless the parent and the public education educational agency agree that a reevaluation is unnecessary.

C. Any evaluation components that are appropriate to consider under the specific circumstances may be shared by and among state agencies for the purpose of expediting completion of the evaluation and placement process.

D. The chief administrative official of the school district or county or the person officially designated as responsible for special education shall place the child, based upon on the consensus recommendation of the individualized education program team and subject to due process pursuant to 20 United States Code section 1415, except that a child shall not be either:

1. Placed in a special education program without the written consent of the child's parent or guardian.

2. Issued a high school diploma without written consent of the child's parent or guardian, or of a child with a disability who is at least eighteen years of age. The department may not impose a penalty or withhold funding from a school for not issuing a high school diploma pursuant to this paragraph.

E. The due process hearing procedures prescribed in this section extend to the parents of a child, a student who has reached the age of majority or the public educational agency or agencies involved in any decisions regarding the student. All due process hearings shall be conducted in accordance with federal and state laws governing the educational rights of children with known or suspected disabilities. The state board of education shall adopt rules for implementing this section that comply with the following:

1. The parent, the adult student or the public educational agency or agencies may initiate due process hearing procedures under either of the following circumstances:

(a) There is a proposal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.

(b) There is a refusal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child.

2. Either the parent, the adult student or the public educational agency or agencies may initiate a due process hearing by submitting a written request to the state educational agency and the public educational agency involved in any decisions regarding the student. The state educational agency shall provide a model form that any party may use in requesting a due process hearing. The public educational agency shall promptly forward any requests received to the state educational agency. Any request received by the state educational agency shall be transmitted immediately to the office of administrative hearings and the public educational agency.

3. A decision made in a hearing conducted pursuant to this section shall be is final, except that any party involved in a hearing may bring a civil action in any court of competent jurisdiction without regard to the amount in controversy.

F. The public educational agency shall pay all costs incurred by the office of administrative hearings associated with any hearing conducted pursuant to this section and the public educational agency or a public agency pool operated pursuant to section 11-952.01 in which the public educational agency participates shall contract with the office of administrative hearings for this purpose.

G. Title 41, chapter 6, article 10 shall apply applies to all hearings to the extent not inconsistent with this section and federal and state law regarding the education of students with disabilities. END_STATUTE

Sec. 6. Title 15, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 15-768, to read:

START_STATUTE15-768. Transition services; individualized education programs; requirements; definition

A. Each public school that provides instruction to high school students shall develop a plan for providing transition services as defined in the individuals with disabilities education act (p.l. 91-230; 84 stat. 175 to 188; 20 United states code section 1401) for each student who is a child with a disability before the student completes grade nine or reaches sixteen years of age, whichever occurs first. Transition services provided under this section may be integrated into and occur simultaneously with a student's coursework and may be provided for more than four years, as determined by the child with a disability's individualized education program team. Transition services provided under this section must include all of the following:

1. annual Completion of at least one assessment provided pursuant to subsection C, paragraph 2 of this section and one informal assessment to identify appropriate, measurable postsecondary educational goals for the child with a disability.

2. The postsecondary education transition planning form developed pursuant to section 15-235, subsection I, PARAGRAPH 3.

3. Any devices or services that are necessary for the child with a disability to communicate in a postsecondary education environment.

B. Each public school that provides transition services under this section shall:

1. 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 this state.

2. Provide transition services in the least restrictive environment, as determined by the child with a disability's individualized education program team.

C. The department of education shall:

1. Develop guidelines for how public schools may comply with the least restrictive environment requirements prescribed in this section and for how the least restrictive environment is calculated for the purpose of federal reporting requirements.

2. Provide formal transition assessments for students with significant disabilities, as requested by public schools.

3. 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 eighteen years of age, the child with a disability's progress toward accomplishing the transition standards adopted by the state board of education pursuant to subsection D of this section.

D. The state board of education shall adopt standards for transition services provided pursuant to this section.

E. For the purposes of this section, "transition services" has the same meaning as defined in 20 United States Code section 1401. END_STATUTE

Sec. 7. Statewide individualized education program system; study; report; delayed repeal

A. The department of education and the individualized education program advisory council established by section 15-235, Arizona Revised Statutes, as amended by this act, shall study the feasibility of creating a web-based, statewide individualized education program system, including all of the following:

1. The estimated cost of developing and maintaining the system.

2. How long it will take to develop a system, together with a proposed schedule to develop the system and implement the system by public schools in this state.

3. Statewide individualized education program systems developed in other states.

B. On or before December 31, 2024, the department of education shall submit a report to the speaker of the house of representatives and the president of the senate that contains the findings of the study and recommendations for creating a web-based, statewide individualized education program system. The department of education shall provide a copy of the report to the secretary of state.

C. This section is repealed from and after January 31, 2025.

Sec. 8. Coordinated services for children with disabilities study committee; reports; delayed repeal

A. The coordinated services for children with disabilities study committee is established to develop resources for children with disabilities and the families of children with disabilities. The study committee shall consist of the following members:

1. A representative from the department of education.

2. A representative from the department of economic security's division of developmental disabilities.

3. A representative from the developmental disabilities planning council.

4. Two members of the public who provide special education and related services to children with disabilities, one of whom is appointed by the speaker of the house of representatives and one of whom is appointed by the president of the senate.

5. Two members of the public, each of whom is either a child with a disability or an immediate family member of a child with a disability. One member under this paragraph shall be appointed by the speaker of the house of representatives and one member shall be appointed by the president of the senate.

B. The study committee shall do all of the following:

1. 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.

2. Coordinate services and benefits.

3. Collaborate and develop resources to support children with disabilities and the families of children with disabilities with postsecondary education transitions.

4. 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 fourteen years of age until the child with a disability 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:

(a) Students who are children with disabilities.

(b) Parents of students who are children with disabilities.

(d) The department of economic security, including both the vocational rehabilitation services provided pursuant to title 23, chapter 3, article 1, Arizona Revised Statutes, and services provided by the division of developmental disabilities.

(e) Private vendors.

5. 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.

C. The study committee may hold hearings and take testimony from witnesses who may assist the study committee in fulfilling its responsibilities.

D. The study committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

E. On or before December 31, 2024, the study committee shall submit a preliminary report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives.

F. On or before December 31, 2025, the study committee shall submit a final report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of the report to the secretary of state.

G. This section is repealed from and after December 31, 2026.

Sec. 9. Appropriation; department of education; statewide template for individualized education programs

The sum of $_____ is appropriated from the state general fund in fiscal year 2024-2025 to the department of education to develop and adopt a statewide template for individualized education programs pursuant to section 15-235, Arizona Revised Statutes, as amended by this act.

Sec. 10. Applicability

A. Notwithstanding section 15-763, Arizona Revised Statutes, as amended by this act, a school district or charter school that contracts with a third-party provider to develop individualized education programs before the individualized education program advisory council adopts and the state board of education approves a statewide template for individualized education programs pursuant to section 15-235, Arizona Revised Statutes, as amended by this act, is not required to use the statewide template for individualized education programs until after the contract expires.

B. A school district or charter school may not enter into a new contract or renew an existing contract with a third-party provider to develop individualized education programs after the statewide template for individualized education programs is adopted and approved.