HB 2031
Initials CH Page 1 Transmitted
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
Final Pass: 53-0-7-0
HB 2031: higher education; individuals with disabilities
Sponsor: Representative Udall, LD 25
Transmitted to the Governor
Overview
Details the documentation a university under the jurisdiction of the Arizona Board of Regents
(ABOR) or a community college must accept to establish that an enrolled or admitted student has
a disability.
History
The Individuals with Disabilities Act (IDEA) requires every public school student who receives
special education services in kindergarten or any of the 1st-12th grades and who falls under a
prescribed disability category to 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 enrolled or admitted student 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 Transmitted
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 ask for 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
outlined documentation to establish an individual has a disability. (Sec. 1)
6. Specifies that a university or community college must engage in the interactive process to
establish a reasonable accommodation, including requesting additional documentation if
needed, for an individual pursuant to Section 504 and the ADA. (Sec. 1).
7. Provides that the meaning of reasonable accommodation or record of impairment or the rights
or remedies provided under the ADA are not affected. (Sec. 1)