Disability Rights Protections in Public Schools

The bill prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (local education provider or LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability.

The bill requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:

• Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;
• Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;
• Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;
• Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; or
• Otherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service.

The bill prohibits an LEP from using criteria or methods of administration that:

• Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;
• Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; or
• Perpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state.

In determining the site or location of a facility, an LEP may not make selections that:

• Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; or
• Have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.

The bill requires an LEP to:

• Adopt a disability rights grievance process, which is satisfied by following the grievance procedures in section 504 of the federal "Rehabilitation Act of 1973" and to designate at least one responsible employee to oversee compliance with the provisions of the bill relating to discrimination and to serve as a point of contact for students and families;
• Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;
• Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;
• Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;
• Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability and if necessary, ensure adequate transportation to and from any placement premises;
• Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability;
• Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;
• Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;
• At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; and
• Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities.

The bill requires the department of education (department) to provide training and technical assistance to LEPs about the requirements of the bill.

The bill establishes a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the bill pursuant to the complaint process.

The bill specifies the circumstances under which an individual may file a complaint with the department.

If the department finds a violation pursuant to the bill, it may order specified remedies as determined necessary by the department, to remedy violations occurring pursuant to the bill and to prospectively ensure compliance.

The state board of education (board) may withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the bill and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds.

The bill prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the bill, the federal "Individuals with Disabilities Education Act", the ADA, the "Exceptional Children's Educational Act", or the "Protection of Students from Restraint and Seclusion Act" (anti-discrimination laws) because an individual:

• Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; or
• Testifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as introduced.)