HB 2031
Initials CH Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: ED DP 9-1-0-0 | 3rd Read 55-1-4-0
Senate: ED DPA 7-0-1-0 | 3rd Read 25-0-5-0
HB 2031: higher education; individuals with disabilities
Sponsor: Representative Udall, LD 25
Senate Engrossed
Overview
Details the documentation that a university under the jurisdiction of the Arizona Board of Regents
(ABOR) or a community college must accept to establish that an individual seeking admission
has a disability.
History
The Individuals with Disabilities Act (IDEA) requires that every public school student who receives
special education services in kindergarten through the 12th grade and falls under a prescribed
disability category have an individualized education program (IEP) (20 U.S.C. § 1401). An IEP
must include: 1) a statement of the child's present levels of academic achievement and functional
performance; 2) a statement of measurable annual goals; 3) a description of how the child's
progress toward meeting the annual goals will be measured; 4) a statement of the special
education and supplementary aids and services to be provided; 5) an explanation of the extent to
which the child will not participate in a regular class; 6) a statement of any individual appropriate
accommodations; and 7) the projected date for the beginning of services and modifications (34
C.F.R. § 300.320).
Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis
of a disability in programs or activities that receive federal financial assistance from the United
States Department of Education (U.S. ED) (29 U.S.C. § 794). State statute defines a Section 504
plan as a written statement developed for a pupil with disability that includes the provision of
regular or special education and related aids and services that is designed to meet individual
educational needs (A.R.S. § 15-731).
The Americans with Disabilities Act of 1990 (ADA) prohibits state and local governments from
discriminating on the basis of disability (28 C.F.R. § 35). The U.S. ED enforces the ADA in public
colleges, universities and graduate and professional schools.
Provisions
1. Directs a university under the jurisdiction of ABOR or a community college to adopt policies
that make the following submitted by an individual seeking admission sufficient to establish
that the individual has a disability:
a) Documentation that the individual has had an IEP in accordance with the IDEA;
b) Documentation describing services or accommodations provided to the individual
pursuant to a Section 504 plan;
c) A plan or record of service from a private school, local education agency, a state
educational agency or an institution of higher education provided in accordance with the
ADA;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2031
Initials CH Page 2 Senate Engrossed
d) A record or evaluation from a relevant licensed professional finding that the individual has
a disability;
e) A plan or record of disability from another institution of higher education; or
f) Documentation of a disability due to service in the uniformed services. (Sec. 1)
2. Specifies that a university or community college may request additional documentation from
an individual who had an IEP but who was subsequently determined to be ineligible for
services under the IDEA. (Sec. 1)
3. Mandates that a university's or community college's policies be transparent and explicit
regarding the process by which eligibility for accommodations for an individual with a disability
is determined. (Sec. 1)
4. Instructs a university or community college to disseminate these policies to students, faculty
and the public in accessible formats. (Sec. 1)
5. Allows a university or community college to establish less burdensome criteria than the
prescribed documentation to establish an individual has a disability. (Sec. 1)
6. Specifies that a university or community college must continue the interactive process to
establish a reasonable accommodation for an individual pursuant to Section 504 and the ADA
until an accommodation is found that meets the needs of the individual and does not impose
an undue burden on the university or community college. (Sec. 1)
Senate Amendments
1. Requires a university or community college to adopt policies that make outlined
documentation submitted by an enrolled or admitted student, rather than an individual seeking
admission, sufficient to establish that the individual has a disability.
2. Deletes the specification that a university or community college must continue the interactive
process to establish a reasonable accommodation for an individual pursuant to federal law
until an accommodation is found and that does not impose an undue burden.
3. Specifies that a university or community college engaging in the interactive process to
establish a reasonable accommodation includes requesting additional documentation, if
needed.
4. Adds that the meaning of reasonable accommodation or record of impairment or the rights or
remedies provided under the ADA are not affected.