I.D.E.A. :INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Educational Rights of Children with Disabilities.

State Legislation and Regulations

The ALIS Online electronic database is the most useful place to search for Arizona Statutes, current session Bills, and Session Laws for the two latest Legislatures. Using the search term "Special Education" produced 57 A.R.S. references, examples of which are presented below, and 76 Bills from the 45th Legislature (2001-2002) of which a few are listed below. In order to search the Session Laws it is necessary to have the Chaptered Bills. Lexis-Nexis and Westlaw state legislation databases provide excellent access to court decisions; Statutes and Courts may be searched in print materials via their respective Indexes.

Arizona Revised Statutes

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Useful listings provided by A.R.S. include "Schools and School Districts" and "Special Education". Other headings to search include "course of study", "Educational Rehabilitation", and "Disabilities and Education". Most of the items are found in Title 15 Education but others include Title 8 Children, Title 36 Public Health and Safety, Title 41 State Government, and Title 46 Welfare. Lexis-Nexis and Westlaw's AZ-ST-ANN provides a comprehensive listing of relevant statutes, searching with "special education" and "Individuals With Disabilities Education Act". The following are a sample of the entries in Statutes: "

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• Title 8 Children, Ch. 1 Adoption, Sec. 8-234. Treatment, service, restraining and protective orders. Defines the courts' powers to enforce ttreatment, counseling, education or other restraining or protective order pursuant to section 8-247 as it pertains to minor children or their guardians, legal custodians, or caretakers.

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• Title 15 Education , Ch. 7, Extended School Year for Handicapped Pupils , Art. , Sec.15 - 881 Extended school year programs for pupils with disabilities; eligibility and program structure; definition. For purposes of this section "extended school year" means additional special education and related services for pupils with disabilities to supplement the normal school year which are provided as part of a free and appropriate public education as defined in P.L. 94-142.

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• Title 15 Education, Ch.7, School Instruction, Art. 4 Special Education for Exceptional Children, Sec. 15-771. Preschool programs for children with disabilities; definition. Describes jurisdictional school areas for the purpose of allocating monies pursuant to 20 United States Code section 1419(g)(1)(B)(i), ; disability requirements for admittance to preschool program for children with disabilities as described in sections 15-766 and
  15-767, and description of accepted disabling conditions.
  

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• Title 15 Education, Ch. 10 - School District Funds and Related Operations, Article 6 - Education Voucher Fund for Private Placement, Sec.15-1181 - Definitions. Provides various definitions of useful terms such as " 'Individualized education program' has the same meaning prescribed in section 15-761" and " 'Child' means a person who is at least three years of age by September 1 of the current year but who is under twenty-two years of age." Most definitions are accompanied by references to the appropriate descriptive legislation.

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• Title 15 Education , Ch. 7 School Instruction, Art. 4 Special Education for Exceptional Children, Sec. 15-763. Plan for providing special education: All school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school. All children with disabilities shall 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.

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• Title 36 Public Health and Safety, Ch. 5.1 State Dept. of Developmental Disabilities, Art. 1 Administration and Regulation, Sec. 36-599 Eligibility for developmental disabilities programs, services and facilities. Determines eligibility for state developmental disabilities programs pursuant to section 36-2936, in particular long-term care system pursuant to chapter 29, article 2 of this title. See also chapter 29, article 2 of this title.

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• Title 36 Public Health and Safety, Ch. 5.1 State Dept. of Developmental Disabilities, Art. 1 Administration and Regulation, Sec. 36-565. Periodic evaluations of developmentally disabled persons. Outlines frequency of evaluation placement in a residential treatement facility, regulations regarding proposed changes in services, and client rights to an administrative review pursuant to section 36-563.

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• Title 41 State Government, Ch. 35 Human Rights Committees, Art. 1 General Provisions, Sec. 48-3801 et. seq. Human rights committee on the developmentally disabled. Outlines the duties of these committees to promote the rights of clients who are receiving developmental disabilities
  services from the department pursuant to title 36, chapter 5.1. Sequential sections outline duties of other human rights committees that will provide services to disabled children, families, students, etc.

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• Title 46 Welfare, Title 1 Administrative Agencies and Officers, Art. 3 State Dept. of Public Welfare, Sec. 46-134 Powers and duties; expenditure; limitation. Defines the duties of the state to administer to child welfare activities, including, but not limited to, court-ordered pursuant to section 8-845 independant living programs pursuant to section 8-521, Children who are voluntarily placed in foster family homes as provided in section 8-806, Provide the cost of care and transitional independent living services for a person under twenty-one years of age pursuant to section 8-521.01, Petition, as necessary to implement the case plan established under section 8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14, chapter 5 for children who are in custody of the department pursuant to court order.
  

Bills

ALIS Online contains Bills for the curren legislature only; Session Laws a available for the two most recent legislative sessions. Chaptered Bills are are required to search through the Session Laws - copies of the current print versions of the Original Bills from 1988-present are available in the University of Arizona Main Library, call #s KFA 2406 H68 (House), and KFA 2406 S46 (Senate); pre-1988 materials are housed in Special Collections. Due to the lack of a general index it is necessary to know the Bill Legislature and number. This information can be located in the House and Senate Journals, listed in the "History of House and Senate Bills". Also, it is necessary to know under which Committee the Bill was debated. The number can be found in the Session Laws (available at UA Main - KFA 2425 A214; Session Laws from 1917 - present are also available in the Law Library). The reference for these can be found at the end of the statute note in A.R.S.

Several pertinent bills currently under review in the 45th Legislature (2001-2002) accessed via online ALIS search:

• SB1269 - 451R - S Ver - Special education Voucher Fund for Institutional Placement
• SB1269 - 451R - H Ver - Plan for providing special education ( Home School Students)
• HB2380 - 451R - H Ver - Pilot program for special education Integration
• HB2379 - 451R - H Ver - Transfer of Parental Rights at Age of Majority
• HB2634 - 451R - I Ver - Extraordinary special education needs fund; application; criteria

Courts

Useful resources include the following:

Arizona Reports: this resource contains State Court Rules, detailing cases argued and determined by the Arizona Supreme Court and the Arizona Court of Appeals. Cases are presented consecutively by year. It is necessary to know the case year and the name and/or subject of referral in order to use the subject indexes in each volume.

Arizona Digest 2d: this resource supplies references, dating back to 1866, to State and Federal cases that touch on issues pertinant to Arizona legislature. Materials referenced include Arizona Reports, A.L.R., Arizona Appeals Courts; library referenced sources include Law Review articles on pertinant topics, Corpus Juris Secundem, etc. The AZ Dig. 2d. contains numerous indexes including: Descriptive Word Index; Words and Phrases; Table of Cases. Try searching the Descriptive Word Index using the topic heading 'Handicapped Persons, Children' under which the useful subheadings are 'Emotional handicap', 'Homecare', 'Instruction: Nature of Right to Generally', 'Learning Disabilities: Special School Services', 'Medical Services: Schools', 'Mental handicap: Special School Services', "Out of State School Placement', 'Private School Placement', 'Proceedings to Enforce Right to Instruction', Residential Placement: Instruction', and 'Schools: various topics relating to disability services'.

West's Arizona Digest 2d provides the following useful Key codes:

• 148 (2-4)
• 154 (2-4)
• 155.5
• 159.5(4)

Arizona Administrative Code (KFA 2935 1974 A23 Reserve)

• R7-2-401. Special Education Standards for Public Schools and State-supported Institutions
• R7-2-405. Due Process Standards Relating to Special Education.
• R7-2-408. Extended School Year Programs for Children with Disabilities
• R7-1-506. Contracting with Private Schools for Educational Services
• R7-2-709. Rehearing and review of decisions
• R7-6-321. Education Classroom Facilities for Disabled Students

Pima County Codes

• Title 6 Animals - 6.04.030 Dogs at large prohibited--Penalty--Exceptions. Dog waste removal required--Exceptions--Penalty.
  • C. Dogs may be at large as an exception to subsections A and B
    • 4. Guide dogs while assisting blind, deaf or physically handicapped persons, so long as such dogs are under direct and effective voice control of such individuals to assure that they do not violate any other provisions of law.
  • E. It shall be unlawful for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property.
    • G. Exceptions. Subsection (E) of this section shall not apply to blind persons, persons with mobility disabilities, or law enforcement officers accompanied by police dogs while on duty. (Ord. 1991-66 � 1, 1991; Ord. 1989-159 � 1 (part), 1989; prior code � 15.04.030)

Tucson City Codes

• Chapter 4 Chapter 4 Animals and Fowl: Art. 5- DOGS
  • Sec. 4-103.� Dogs prohibited on school grounds; exceptions. (b) Except for police dogs, as defined in minor section 4-7(1) of this chapter, and guide dogs for the deaf, blind and physically handicapped, no person shall bring any dog onto school grounds, regardless of whether the dog is on a leash (Ord. No. 6043, � 20, 6-25-84)
• Chapter 17 Human Relations: Art. 3 CIVIL RIGHTS
  • Sec. 17-11. Definitions. Discrimination on the basis of disability shall be interpreted in a manner consistent with the Americans with Disabilities Act of 1990, 42 U.S.C. � 12101 et seq., the federal regulations promulgated thereunder, and judicial decisions construing them. Lists specific definitions which apply.

Other State Legislation

• Decedent's Estates, Guardianships, Protective Proceedings and Trusts - Ch. 5 - Protection of Persons under Disability and their Property (Title 14 - 50101 et seq.)
• Assistive Devices ( Title 44-1351 et seq.)
• Arizona State School for the Deaf and the Blind (Title 15-1301 et seq.)