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SB1754 - 572R - S Ver
Senate Engrossed
ADE; special
education; parent complaints
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1754
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:
START_STATUTE
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.
END_STATUTE
Sec. 2. Title
15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding
section 15-235.01, to read:
START_STATUTE
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.
END_STATUTE