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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
ADE; special education; parent complaints
Purpose
Requires the Director of the Division of Special Education (Division) within the Arizona Department of Education (ADE) to designate an individual to assist parents who file a complaint alleging that a school district or charter school has violated federal or state law relating to children with disabilities. Requires the Division to maintain a central repository of all appropriately redacted reports and to submit an annual report to specified individuals containing outlined information relating to complaints the Division receives.
Background
The federal Individuals with Disabilities Education Act (IDEA) makes a free, appropriate public education available to eligible children with disabilities and ensures the provision of special education and related services that meet each child's unique needs and prepare them for further education, employment and independent living. IDEA governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities and ensures that the rights of children with disabilities and the parents of such children are protected (20 U.S.C. § 1400 et seq).
All school districts and charter schools must develop policies and procedures for providing special education to all children with disabilities within the school district or charter school. All children with disabilities must receive special education programming commensurate with their abilities and needs. Each child shall be ensured access to the general curriculum and an opportunity to meet the state's academic standards. Special education services shall be provided at no cost to the parents of children with disabilities (A.R.S. § 15-763).
A school may allow the use of restraint or seclusion techniques on any student if the student's behavior presents an imminent danger of bodily harm to the student or others and less restrictive interventions appear to insufficient to mitigate the imminent danger of bodily harm. Schools must establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a student. If a restraint or seclusion technique is used on a student: 1) school personnel must maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use; 2) the restraint or seclusion technique must end when the student's behavior no longer presents an imminent danger; 3) the restraint or seclusion technique must be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques, unless an emergency situation does not allow sufficient time to summon trained personnel; 4) a restraint technique employed may not impede the student's ability to breathe; and 5) a restraint technique may not be out of proportion to the student's age or physical condition (A.R.S. § 15-105).
The Division Director must be experienced in special education and may review special education programs, including placement of students, to determine that program, evaluation and placement procedures comply with statute and the rules approved by the State Board of Education (A.R.S. § 15-235).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Division Director to designate at least one individual to provide assistance to the parents of children who file or seek to file a complaint alleging that a school district or charter school has violated the procedural or substantive requirements of:
a) IDEA;
b) state laws relating to the provisions of special education; or
c) restraint and seclusion techniques prescribed by statute.
2. Requires the individual designated by the Division Director to:
a) provide support to any person who files or contacts ADE to file a complaint alleging that a school district or charter school has committed one or more outlined violations; and
b) for any complaint alleging an outlined violation that is filed with ADE and is found to be incomplete or designated as does-not-qualify, contact the person who filed the complaint and request additional information.
3. Requires the Division to create and maintain a central repository of all appropriately redacted reports.
4. Requires the Division, by an undetermined date, to annually submit a report to prescribed individuals that includes the following information, to the extent allowed under federal law, for the immediately preceding school year, disaggregated by school district or charter school, county, race and disability category:
a) the number of complaints filed with ADE;
b) the number of complaints for:
i. evaluation denials;
ii. eligibility disputes;
iii. alleged timeline violations;
iv. failure to provide agreed-on services; and
v. any other subject identified by the Division;
c) a description of the staffing levels and tenure for complaint investigators who are employed by Arizona;
d) the number of complaints:
i. that were dismissed on the grounds that the complaint was designated as does-not-qualify;
ii. that were opened for investigation;
iii. that were withdrawn by the filer, disaggregated by the reason for the withdrawal, if known;
iv. that result in a finding of noncompliance or at least one violation described as outlined;
v. that result in a corrective action;
vi. for which a corrective action exceeds one calendar year;
vii. that result in the appointment of a special monitor; and
viii. for which corrective action was not taken and ADE issues a letter of inquiry, clarification or enforcement; and
e) a description of:
i. the basis for designating each complaint described as does-not-qualify; and
ii. the enforcement action that was imposed for each complaint that resulted in corrective action not being taken and ADE issuing a letter of enforcement.
5. Specifies that the Division must provide a copy of the report to the Secretary of State and submit the report to:
a) the Governor;
b) the Speaker of the House of Representatives;
c) the Senate President; and
d) the chairpersons of the Senate Education Committee and House of Representatives Education Committee, or their successor committees.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
MH/KP/hk