States

Arizona Agrees To Repay Parents For Missed Special Ed. Services

By Lisa Fine — April 04, 2001 | Corrected: April 11, 2001 3 min read
  • Save to favorites
  • Print

Corrected: This article originally misstated the number of complaints filed by parents with the Arizona Department of Education over the special education services provided to their children. The department reports that it has received 365 such complaints since June 1997.

School districts in Arizona may have to repay hundreds of parents for services that their children with disabilities should have received at school, under a legal settlement reached last week.

The agreement, approved March 26 by U.S. District Judge Robert C. Broomfield, requires the Arizona Department of Education to ensure that local districts make up for instances in the past four years when the rights of students with disabilities were not properly met.

No dollar amount was specified in the settlement, which stems from a 1999 class action filed by a group of parents against the education department. The suit maintained that parents had turned to the state after their home districts did not provide services they believed their children needed.

The state, even when its investigators backed up those parental complaints, did not always force districts to follow through on recommendations for change. Arizona has about 88,000 students who require special education services, according to the lawsuit.

“We are thrilled with the settlement agreement, and think it shows a tremendous commitment by the state to students with disabilities,” said Jerri Katzerman, a lawyer for the Arizona Center for Disability Law, which filed the suit on behalf of parents. “No more giving school districts two, three, and four chances to follow the law.”

The education department lost its bid to have the case dismissed four months after it was filed.

Under the settlement, the department is required to withhold funding from districts that fail to comply immediately with the findings of department investigators in disputes between administrators and parents over special education services. In the case of a charter school that does not comply, the state could revoke the school’s charter.

“We think students are the big winners here,” said Laura Penny, a spokeswoman for the state education department. “We are very pleased we could reach an agreement.”

Speeding Up Reviews

Ms. Katzerman said the department also agreed to expedite the review process. After a complaint is received, the agency will review it within three days, she said.

In the past, she contended, “the department would discourage parents from filing complaints, or at least they weren’t advised of their rights.”

Now the state will draft specific “talking points” for officials to follow when receiving a phone call about a complaint, to make sure parents are advised of their rights. A special monitor will be appointed by the education department and the Arizona Center for Disability Law to oversee the changes in the system required under the settlement, Ms. Katzerman said.

Since June 1997, 365 parents have complained to the Arizona department about the special education services at their children’s schools. The department’s investigators backed 300 of those complaints.

Under the settlement, a special committee will be set up to review claims of parents who are unsatisfied with the way the system handled their complaints in the past four years. Parents who filed their original complaints from June 1997 through the end of last year will be eligible to have a review of those concerns by that five-member committee, which is to include special education teachers and advocates.

“We think it’s a very friendly process for parents that takes lawyers out of the decisionmaking,” Ms. Katzerman said. “All it costs is a stamp.”

If the committee decides parents wrongly paid for out-of-pocket expenses for services that their children should have received at school, districts may be forced to reimburse the parents, or provide extra hours of the service to make up for lost time.

“Only those districts that have ignored our past findings may find themselves with additional monetary issues,” Ms. Penny said. “There will be no additional expense to them than what they were supposed to be doing all along.”

Related Tags:

A version of this article appeared in the April 04, 2001 edition of Education Week as Arizona Agrees To Repay Parents For Missed Special Ed. Services

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States EdWeek's Guide to the 2026 Elections: Where Education Is on the Ballot
Education Week reviewed what's on the ballot in all 50 states and the District of Columbia.
Row of three school desks. Each has a different color seat. One is red, one is white, and the third desk has a blue seat. Each desk has a voting booth on top with the familiar voting "American flag" and the word "VOTE".
Illustration by Taylor Callery for Education Week
States Court Lets a State Law Limiting Race, Gender Classroom Discussions Take Effect
The 2021 Oklahoma law was part of a wave of state laws limiting classroom race and gender discussions.
Curtis Killman, Tulsa World, Okla.
•
2 min read
EDUCWeek TracyByrd 23
Books in a Minneapolis high school classroom are seen on Jan. 22, 2026.
Caroline Yang for Education Week
States New California Laws Aim to Protect Kids From Social Media, AI Chatbot Risks
The laws penalize tech companies for harm to kids and let families opt out of school laptops.
3 min read
Maria Raine, center, holds a photo of her son, Adam Raine, while listening to speakers between Assemblymembers Josh Lowenthal, left, and Rebecca Bauer-Kahan at the Bay Area Discovery Museum, on Sept. 10, 2026, in Sausalito, Calif.
Maria Raine, center, holds a photo of her son, Adam Raine, while listening to speakers between Assemblymembers Josh Lowenthal, left, and Rebecca Bauer-Kahan at the Bay Area Discovery Museum, on Sept. 10, 2026, in Sausalito, Calif. Adam died by suicide last year, after being “coached” by a chatbot. A new set of laws in California aim to protect children from social media and AI chatbot risks.
Jeff Chiu/AP
States States Start to Crack Down on 4-Day School Weeks
Measures limiting when schools can adopt shortened schedules center on maintaining academic achievement.
4 min read
Hudson, 7, left, Callahan, 13, middle, and Keegan Pruente, 10, right, stand outside their school on their first Monday home during the new four-day school week on Monday, Sept. 11, 2023, in Independence, Mo. Hundreds of school systems around the country have adopted four-day weeks in recent years, mostly in rural and western parts of the U.S. Districts cite cost savings and advantages for teacher recruitment. Still, some experts question the effects on students who already missed out on significant learning during the pandemic.
Three siblings stand outside their school on their first Monday home during a new four-day school week in Independence, Mo., on Sept. 11, 2023. Four-day school weeks have risen in popularity in recent years, though states have started to limit when school systems can switch to the abbreviated schedule.
Nick Ingram/AP