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Senate Engrossed
ADE; special education; parent complaints |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1754 |
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AN ACT
amending section 15-235, Arizona Revised Statutes; amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-235.01; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-235, Arizona Revised Statutes, is amended to read:
15-235. Division of special education; director; duties; qualifications; advisory committee; members
A. A The division of special education is established to carry out this section, section sections 15-235.01 and 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 sections 15-235.01 and 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 sections 15-235.01 and 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 advisory committee shall have a minimum of two meetings a year.
H. The advisory committee annually shall elect its own chairman and 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.
Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-235.01, to read:
15-235.01. Division of special education; state complaints; posting requirements; limitation on redactions; student level data exemption; policies and procedures
A. the division of special education established by section 15-235 may provide assistance to individuals who file or seek to file a complaint alleging that a school district or charter school has violated the procedural or substantive requirements of one or more of the following:
1. 20 United States Code sections 1411 through 1419 or the regulations implementing those sections.
2. The laws of this state relating to the provision of special education.
B. For any complaint alleging a violation described in subsection A of this section that is filed with the department and that is found to be incomplete or designated as "does-not-qualify", the division shall contact the complainant and request missing information or necessary signatures.
C. Not later than sixty days after completing a state complaint investigation, the department shall post on the department's website all state complaint investigative reports for the state complaint, including any corrective action or, if the complaint is designated as "does-not-qualify", dismissal letters. Notwithstanding any other law, the department shall redact all state investigative reports that are posted pursuant to this subsection to remove personally identifiable information and as required by only student privacy laws.
D. State complaint investigative reports that are posted pursuant to subsection C of this section are not student level data as defined by section 15-1042.
E. The department shall adopt policies and procedures for state complaints described in this section and shall post the policies and procedures on the department's website. The policies and procedures adopted pursuant to this subsection are subject to the following requirements:
1. The policies and procedures must include policies and procedures relating to the redaction of state complaint investigative reports.
2. Beginning December 1, 2026, the department shall provide an opportunity for public comment for at least sixty days before draft policies and procedures may become effective.
3. The department shall design the policies and procedures to protect the personally identifiable information of students and to promote the transparency of the state complaint process, investigative reports and student outcomes.
F. For the purposes of this section, a report is designated as "does-not-qualify" if the department determines any of the following:
1. The student is not a child with a disability as defined in section 15-761.
2. None of the allegations in the complaint are a violation that is described in subsection A, paragraph 1 or 2 of this section.
3. The nature of the allegations in the complaint are outside the department's investigative authority.