When public school students with disabilities experience a violation of their rights under IDEA, parents and advocates can use the State Complaint process to notify the Arizona Department of Education (ADE). Federal regulations require–and federal grants fund–this process to offer families an accessible and free route to fix violations. This State Complaint system is codified in state board rule and more information can be found on the Department’s webpage.
Today’s Challenge
Arizona’s system is currently set up to meet the bare minimum requirements of the federal law, meaning ADE will only investigate violations of Part B of IDEA and directly related state laws and rules. All allegations of discrimination are directed to the Office for Civil Rights in the U.S. Department of Education, whose enforcement capacity has been steadily eroding.
While federal law hasn’t changed, federal enforcement efforts have. Administrative, budget, and personnel change have hollowed out federal oversight, reducing enforcement and options for families. Arizona now faces a choice. Will we fill the void left by federal oversight and uphold the promise of IDEA for students with disabilities?
The Complaints
In 2025, ADE received 160 State Complaints. According to ADE’s response to a public records request:
- 45 complaints did not meet the stringent criteria of a “procedural” IDEA violation.
- 13 were withdrawn for unclear reasons.
- 107 were investigated, but only 40 (37%) led to corrective action.
Recommendations
Our state doesn’t have to rely on federal enforcement to safeguard its children with disabilities. The State Complaint process helps families and advocates, but its impact could extend further if we increase transparency and consistency. Arizona should consider the following ideas to protect these students, especially as federal involvement fades.
- Create and maintain a repository of all reports. Other states already offer in-depth public reporting on this process. Indiana for example, provides a public database of all complaint investigation reports going back 25 years. Publicly releasing redacted complaint reports would make it easier to ensure fairness and consistency across complainants, investigators, and schools.
(The Arizona State Complaints data used in this brief was obtained through a public records request because it is not publicly available on the ADE website.) - Provide an annual report. Arizona should offer a detailed annual report of the State Complaint process to spotlight the specific issues schools face and identify patterns across districts. The report should contain a detailed summary of all complaints received and sent to the legislature, Governor’s office and state board of education.
- Require that an attorney with special education legal expertise oversee the dispute resolution department. would help assure families that the law is being interpreted and applied correctly. Families deserve a process they can trust. Yet advocates report that State Complaint findings can vary.
- Expand state complaint jurisdiction. Arizona’s current rule mirrors federal requirements–but these are a floor, not a ceiling. With the scope of the federal government’s enforcement diminishing, families need a way to report to include enforcement of federal disability-based discrimination laws and potentially state laws such as restraint and seclusion and open enrollment.
