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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
ADE; special education; parent complaints
Purpose
Allows the Division of Special Education (Division) within the Arizona Department of Education (ADE) to assist individuals who file a complaint alleging that a school district or charter school has violated federal or state law relating to children with disabilities. Requires ADE to adopt policies and procedures for complaints filed with the Division as outlined and post all state complaint investigative reports on ADE's website 60 days after completing an investigation.
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).
The Division oversees the laws and requirements relating to the provision of special education programs. The Division may review special education programs, including the placement of pupils, to determine that program, evaluation and placement procedures comply with state law and rules adopted by the State Board of Education relating to special education programs. (A.R.S. § 15-235).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Division to 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:
a) IDEA; or
b) state laws relating to the provisions of special education;
2. Requires the Division, for any complaint alleging a violation that is filed with ADE and is found to be incomplete or designated as does-not-qualify, to contact the complainant and request missing information or necessary signatures.
3. Requires ADE, within 60 days after completing a state complaint investigation, to post on ADE's website all state complaint investigative reports for the complaint, including:
a) any corrective action; or
b) if the complaint is designated as does-not-qualify, dismissal letters.
4. Specifies that a state complaint investigative report is designated as does-not-qualify if ADE determines that:
a) the student is not a child with a disability;
b) none of the allegations in the complaint are a violation of the outlined federal or state laws; or
c) the nature of the allegations in the complaint are outside ADE's investigative authority.
5. Directs ADE to redact all state complaint investigative reports that are posted as outlined to remove personally identifiable information and as required by student privacy laws.
6. Specifies that state complaint investigative reports that are posted as outlined are not student level data for the purposes of the Student Accountability Information System.
7. Requires ADE to:
a) adopt policies and procedures for the state complaint process;
b) design the policies and procedures to protect the personally identifiable information of students and to promote the transparency of the state complaint process, investigate reports and student outcomes; and
c) post the policies and procedures on ADE's website.
8. Requires ADE, beginning December 1, 2026, to provide an opportunity for public comment for at least 60 days before the draft policies and procedures may become effective.
9. Specifies that the policies and procedures must include policies and procedures relating to the redaction of state complaint investigative reports.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Replaces the requirement for the Division Director to designate an individual to assist parents of children who file a complaint with an authorization for the Division to assist an individual who files a complaint as outlined.
2. Removes, from the list of laws of which an individual may file a complaint alleging a violation, the restraint and seclusion techniques prescribed by statute.
3. Specifies that the Division, rather than the designated individual, must contact the complainant of each complaint found to be incomplete or designated as does-not-qualify for outlined purposes.
4. Removes the requirements for the Division to create and maintain a central repository of the reports and submit an annual report to outlined individuals that includes prescribed information on the number of complaints filed for the immediately preceding school year.
5. Requires ADE, within 60 days after completing a complaint investigation, to post all complaint investigative reports on ADE's website as prescribed.
6. Directs ADE to redact all complaint investigative reports to remove personally identifiable information and as required by student privacy laws.
7. Determines that complaint investigative reports that are posted as prescribed are not student level data for the purposes of the Student Accountability Information System.
8. Requires ADE to adopt policies and procedures as outlined for complaints filed with the Division and post the policies and procedures on ADE's website.
9. Outlines the conditions that ADE must determine for a report to be designated as does-not-qualify.
10. Makes technical changes.
Senate Action
ED 2/18/26 DP 6-0-1
Prepared by Senate Research
March 3, 2026
MH/KP/hk