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REFERENCE TITLE: ADE; special education; parent complaints |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1754 |
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Introduced by Senator Finchem
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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; parent complaints; central repository of reports; annual report
A. A director of the division of special education established by section 15-235 shall 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 any 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.
3. Section 15-105.
B. The individual designated pursuant to subsection A of this section shall do the following:
1. Provide support to any person who files or contacts the DEPARTMENT for the purpose of filing a complaint alleging that a school district or charter school has committed one or more violations described in subsection A of this section.
2. 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", contact the person who filed the complaint and request additional information.
C. The division shall create and maintain a central repository of all appropriately redacted reports.
D. To the extent allowed under federal law, on or before _____ of each year, the division shall submit a report to the governor, the speaker of the house of representatives, the president of the senate and the chairpersons of the senate and HOUSE of representatives committees on education, or their successor committees, and shall submit a copy of the report to the secretary of state, that includes the following information for the immediately preceding school year, disaggregated by school district or charter school, county, race and disability category:
1. The number of complaints filed with the department.
2. The number of complaints for each of the following:
(a) Evaluation denials.
(b) Eligibility disputes.
(c) Alleged timeline violations.
(d) Failure to provide agreed-on services.
(e) Any other subject identified by the division.
3. A description of the staffing levels and tenure for complaint investigators who are employed by this state.
4. The number of complaints:
(a) That were dismissed on the grounds that the complaint was designated as "does-not-qualify".
(b) That were opened for investigation.
(c) That were withdrawn by the filer, disaggregated by the reason for withdrawal, if known.
(d) That result in a finding of noncompliance or at least one violation described in subsection A of this section.
(e) That result in a corrective action.
(f) for which a corrective action exceeds one calendar year.
(g) That result in the appointment of a special monitor.
(h) For which corrective action was not taken and the department issues:
(i) A letter of inquiry.
(ii) A letter of clarification.
(iii) Issues a letter of enforcement.
5. A description of:
(a) The basis for designating each complaint described in paragraph 4, subdivision (a) of this subsection as "does-not-qualify".
(b) The enforcement action that was imposed for each complaint described in paragraph 4, subdivision (h), item (iii) of this section.