Reference Title: special education; hearings (NOW: explusion; pupils)

AN ACT
AMENDING SECTION 15-844, ARIZONA REVISED STATUTES; RELATING TO EDUCATION OF EXCEPTIONAL CHILDREN.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-844, Arizona Revised Statutes, is amended to read:

15-844 . Suspension and expulsion proceedings for children with disabilities

Notwithstanding sections 15-841 , AND 15-842 and 15-843 , the suspension or expulsion of children with disabilities, as defined in section 15-761, shall be in accordance with rules which are prescribed by the state board of education and which shall incorporate the change of placement requirements of the individuals with disabilities education act (20 United States Code sections 1410 through 1485) and applicable case law regarding suspension and expulsion of children with disabilities FEDERAL REGULATIONS ISSUED PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT .

Sec. 2. Joint legislative committee on special education and regulations; membership; duties; report

A. The joint legislative committee on special education and regulations is established consisting of the following members:

1. Three members of the senate, not more than two of whom shall represent the same political party. The president of the senate shall appoint these members and designate a member to cochair the committee.

2. Three members of the house of representatives, not more than two of whom shall represent the same political party. The speaker of the house of representatives shall appoint these members and designate a member to cochair the committee.

3. One member of the public with expertise in school district finance who is appointed by the president of the senate.

4. One administrator of a school or school district who has experience in both regular and special education who is appointed by the speaker of the house of representatives.

5. One person who is the parent of a child enrolled in a special education program in this state who is appointed by the president of the senate.

6. One person who is the parent of a child enrolled in a regular education program in this state who is appointed by the speaker of the house of representatives.

7. One person employed in the exceptional student services division of the department of education who is appointed by the superintendent of public instruction.

8. One certificated teacher who has experience in special education who is appointed by the speaker of the house of representatives.

9. One certificated teacher who has experience in regular education who is appointed by the president of the senate.

10. One person who provides residential special education services who is appointed by the president of the senate.

11. One person who has one or more disabilities who is appointed by the speaker of the house of representatives.

B. The committee shall make recommendations for possible modifications to the current special education finance formulas and systems based on a consideration of the following:

1. The federal requirements for a placement neutral funding system.

2. The appropriateness of assigning pupils to categories for funding purposes.

3. The complexity of the current special education funding formulas and systems.

4. The potential problems presented in a weighted system when the base level is not increased to adjust for inflation.

5. The impact of funding systems on the provision of necessary services in the least restrictive environment and the ability to make efficient and effective use of available funding.

6. The consideration of special education funding systems within the context of overall school funding.

7. The draft findings or the final report from the office of special education programs review of special education programs in this state.

8. Any other relevant or appropriate considerations.

C. The committee shall examine the potential impact of the new federal individuals with disabilities education act regulations including any regulations associated with suspension or expulsion of children with disabilities.

D. The committee shall examine and report recommendations regarding the formation of a group B special education risk management pool.

E. The committee may use the services and expertise of the Arizona schools for the deaf and the blind, the joint legislative budget committee, the governor's council on developmental disabilities, the department of education, the department of health services and the department of economic security.

F. The committee shall submit a report of its findings and recommendations to the governor, the speaker of the house of representatives and the president of the senate on or before December 1, 2000 and shall provide a copy of this report to the secretary of state and the director of the department of library, archives and public records.

Sec. 3. Delayed repeal

Section 2 of this act is repealed from and after December 31, 2000.

APPROVED BY THE GOVERNOR APRIL 26, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 1999.