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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: ED DP 6-0-1-0 | Third Read 23-5-2-0-0 |
SB 1754: ADE; special education; parent complaints
Sponsor: Senator Finchem, LD 1
Committee on Education
Overview
Allows the Arizona Department of Education (ADE) Division of Special Education (Division) to assist individuals who file a complaint alleging that a school district or charter school violated federal or state special education laws. Details requirements for ADE relating to policies and procedures for state complaints.
History
Part B of the Individuals with Disabilities Education Act (IDEA) establishes requirements for the states regarding the provision of special education and related services to children with disabilities who are between the ages of 3 and 21 years old, including individualized education program requirements. IDEA regulations require each state to adopt written procedures for resolving complaints regarding alleged violations of special education requirements (20 U.S.C Ch. 33) (34 C.F.R. § 300.151).
The Division, subject to the Superintendent of Public Instruction, is responsible for ensuring that public education agencies have special education programs, policies and procedures that: 1) comply with the IDEA and IDEA regulations; and 2) ensure children with disabilities receive a free, appropriate public education. Specifically, the Division may review special education programs, including the placement of children, to determine that program, evaluation and placement procedures comply with statute and State Board of Education rules (A.R.S. § 15-235) (ADE).
All school districts and charter schools must develop policies and procedures to provide special education to all children with disabilities. All children with disabilities must have access to the general curriculum and an opportunity to meet the state's academic standards. Special education means specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child (A.R.S. §§ 15-763 and 15-1201).
Provisions
1. Authorizes the Division to assist individuals who file or seek to file a complaint alleging that a school district or charter school violated the procedural or substantive requirements of:
a. Part B of the IDEA or the federal regulations implementing Part B of the IDEA; or
b. state laws relating to the provision of special education. (Sec. 2)
2. Requires the Division to contact a complainant and request missing information or necessary signatures for any complaint that:
a. alleges a violation of Part B of the IDEA or state laws relating to the provision of special education;
b. is filed with ADE; and
c. is found to be incomplete or designated as does-not-qualify. (Sec. 2)
3. Directs ADE, within 60 days after completing a state complaint investigation, to post on its website all state complaint investigative reports for the state complaint. (Sec. 2)
4. Instructs ADE to redact all posted state investigative reports to remove personally identifiable information and as required by only student privacy laws. (Sec. 2)
5. Specifies that posted state complaint investigative reports are not student level data. (Sec. 2)
6. Requires ADE to adopt policies and procedures for state complaints and post the policies and procedures on its website. (Sec. 2)
7. Stipulates the policies and procedures for state complaints adopted by ADE must:
a. include policies and procedures relating to the redaction of state complaint investigative reports;
b. require ADE to provide, beginning December 1, 2026, an opportunity for public comment for at least 60 days before draft policies and procedures may become effective; and
c. require ADE to design the policies and procedures to protect students' personally identifiable information and to promote the transparency of the state complaint process, investigative reports and student outcomes. (Sec. 2)
8. Specifies when a report is designated as does-not-qualify. (Sec. 2)
9. Makes technical and conforming changes. (Sec. 1)
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13. Initials CH/IG SB 1754
14. 3/13/2026 Page 0 Education
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