Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1402 Comm Sub / Analysis

Filed 02/17/2023

                    AS PASSED COMMITTEE 
AMENDED 
 
ARIZONA STATE SENATE 
RESEARCH STAFF 
 
 
TO: MEMBERS OF THE SENATE 
 EDUCATION COMMITTEE 
DATE: February 17, 2023 
SUBJECT: Strike everything amendment to S.B. 1402, relating to ASDB
 
Purpose 
 Expands the population served by the Arizona Schools for the Deaf and the Blind (ASDB) 
to include children with at least one disability as defined. Adds to services ASDB must provide to 
educational programs and modifies requirements relating to admissions procedures and 
recordkeeping. 
Background 
ASDB provides schools and programs for the education of persons with visual or hearing 
impairment and serves as an optional resource to school districts, state institutions and approved 
educational programs. ASDB is a local education agency responsible for providing a free and 
appropriate public education to students enrolled in its campuses. Subject to statutorily-outlined 
admission procedures, Arizona residents who are 3 years old through 22 years old and are sensory 
impaired to the extent that they cannot acquire appropriate education in their school district of 
residence are entitled to education in the ASDB. ASDB may also enroll children under 3 years old 
who would benefit from a specialized program (Laws 1929, Chapter 93; A.R.S. §§ 15-1302;  
15-1306; and 15-1341 – 15-1344). Sensory impairment is: 1) a visual impairment; 2) hearing 
impairment; 3) both a visual impairment and hearing impairment; or 4) multiple disabilities if at 
least one of the disabilities is a visual impairment or hearing impairment (A.R.S. § 15-1301). 
ASDB receives funding in the form of special education vouchers issued by the Arizona 
Department of Education according to a statutory formula based on the Group B weights for which  
the attending student qualifies (A.R.S. § 15-1204). If expanding the population entitled to education 
in ASDB results in a change in Basic State Aid costs or voucher amounts paid to ASDB, there 
may be a fiscal impact to the state General Fund.  
Provisions 
1. Designates ASDB to be for the education of children with disabilities, rather than of persons 
who are sensory impaired, so that the persons educated may become self-sustaining and useful 
citizens.  
2. Entitles, to an education in ASDB without charge, an Arizona resident who is 3 through 21 
years old and has at least one of the following disabilities, rather than who is sensory-impaired, 
to the extent the person cannot acquire an appropriate education in their school district of 
residence: 
a) autism; 
b) developmental delay; 
 
LAURA BENITEZ 
LEGISLATIVE RESEARCH ANALYST 
EDUCATION COMMITTEE 
Telephone: (602) 926-3171  STRIKER MEMO – Amended  
S.B. 1402 
Page 2 
 
 
c) emotional disability; 
d) hearing impairment; 
e) other health impairments; 
f) specific learning disability; 
g) mild, moderate or severe intellectual disability; 
h) multiple disabilities; 
i) multiple disabilities with severe sensory impairment; 
j) orthopedic impairment; 
k) preschool severe delay; 
l) speech-language impairment; 
m) traumatic brain injury; and 
n) visual impairment. 
3. Authorizes ASDB to enroll a child who is under three years old without charge if the child has 
at least one of the outlined disabilities, rather than if the child is sensory impaired. 
4. Adds, to the services ASDB must provide as optional resources to school districts, state 
institutions and other approved educational programs: 
a) physical therapy; 
b) occupational therapy; 
c) speech therapy; and 
d) mobility therapy. 
5. Requires ASDB to keep a complete record of every admitted person from the date of the 
person's application, rather than admission, to the date of the person's discharge, release, 
removal, graduation or death. 
6. Specifies that the requirement for the chief administrative official of a child's home school 
district and ASDB Superintendent to locate or establish a program for a child for whom ASDB 
cannot provide the appropriate education does not allow ASDB to refuse to enroll a person 
who is statutorily entitled to education in ASDB. 
7. Replaces, on a child's placement and evaluation team, a certified teacher of children with a 
sensory impairment with a certified teacher of children with disabilities. 
8. Requires, for the evaluator on a child's placement and evaluation team, that preference be given 
to an evaluator who is trained and experienced in evaluating the educational needs of children 
with disabilities, rather than of children with a sensory impairment. 
9. Requires the ASDB Board of Directors to ensure that the best methods of teaching children 
with disabilities, rather than who are sensory impaired, are used in ASDB. 
10. Applies the definition of child with a disability for the purposes of special education to the 
definition for the purposes of ASDB. 
11. Makes technical and conforming changes. 
12. Becomes effective on the general effective date.  STRIKER MEMO – Amended  
S.B. 1402 
Page 3 
 
 
Amendments Adopted by Committee 
1. Adopted the strike-everything amendment. 
2. Adds, to the services ASDB must provide as optional resources to school districts, state 
institutions and other approved educational programs. 
3. Requires ASDB to keep a complete record of every admitted person from the date of the 
person's application, rather than admission. 
4. Makes conforming changes. 
Senate Action 
ED 2/15/23 DPA/SE 4-3-0