A.R.S. tit. 15 ch. 11 — Arizona Revised Statutes Title 15 Chapter 11 — Arizona State Schools For The Deaf And The Blind

15-1301. Definitions In this chapter, unless the context otherwise requires: 1. "Employee classifications" means one of the following: (a) Management and supervisory staff on a twelve month schedule. (b) Teachers, credentialed and noncredentialed specialists, on an academic schedule. (c) Clerical, accounting, maintenance workers and others on a twelve month schedule. (d) Food service and bus drivers on an academic schedule. 2. "Hearing impairment" means hearing impairment as defined in section 15-761. 3. "Schools" means the Arizona state schools for the deaf and the blind and includes programs and services offered for the deaf and the blind by the schools in conjunction with other educational institutions. 4. "Sensory impairment" means the following conditions, as defined in section 15-761: (a) Visual impairment. (b) Hearing impairment. (c) Both a visual and hearing impairment. (d) Multiple disabilities, if at least one of the disabilities is a visual or a hearing impairment. 5. "Visual impairment" means visual impairment as defined in section 15-761. 15-1302. Arizona state schools for the deaf and the blind; provision of services A. There shall be Arizona state schools for the deaf and the blind which provide schools and regional programs in appropriate locations in this state. B. The schools shall be for the education of sensory impaired persons, so that the persons educated there may become self-sustaining and useful citizens. C. The schools shall be fully recognized as institutions for educational purposes. D. The schools shall be optional resources to school districts, state institutions and other approved educational programs. Resource services shall include, but are not limited to, the following: 1. Assessments. 2. Special curriculum. 3. Equipment and materials. 4. Supplemental related services. 5. Special short-term programs. 6. Program planning and staff development. 7. Information services for parents, families and the public. 8. Research and development to promote improved educational programs and services. E. The services prescribed in subsection D shall not duplicate existing services and shall include a variety of methodology as may be requested by the school districts, state institutions and other approved educational programs, including but not limited to oral, auditory, total communication and cued speech. 15-1303. School for the deaf and the blind as public corporation; tax exemption A. The school shall be a body corporate under the name of "the Arizona state school for the deaf and the blind". B. The corporation shall: 1. Have perpetual succession. 2. Have a corporate seal. 3. Be deemed a public corporation and its property shall be exempt from all taxes and assessments. C. The corporation may, in the corporate name: 1. Sue and be sued. 2. Contract and be contracted with. 3. Take and hold by purchase, gift or devise real and personal property required for its use. 4. Convert property received by gift, purchase or devise which is not suitable for its use into money or property which is suitable for its use. 15-1304. Land reserved for use and benefit of school; schools for the deaf and the blind fund; cooperative services fund; definition A. The grant of one hundred thousand acres of land for schools for the deaf and the blind made by the enabling act approved June 20, 1910, or the proceeds of such lands as are sold or otherwise disposed of, is forever reserved for the use and benefit of the school for the deaf and the blind. B. Land exchanges or sales or commercial leases in excess of ten years of land of the grant by the United States for the use and benefit of the school for the deaf and the blind shall not be disposed of except by majority approval of the voting members of the board of directors of the school. C. The superintendent of the school shall annually report to the board on the use of monies that are the proceeds of or income from the proceeds of land of the grant by the United States for the use and benefit of the school. D. The schools for the deaf and the blind fund is established consisting of monies from expendable earnings of the grant in subsection A of this section, monies from the department of education for special educational vouchers for deaf and blind students pursuant to section 15-1202, except for monies dedicated to regional school cooperatives, which shall instead be deposited in the cooperative services fund pursuant to subsection E of this section, and overage and nonresident student monies collected pursuant to section 15-1345. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. The cooperative services fund is established consisting of monies from the department of education for special education institutional vouchers for deaf and blind students pursuant to section 15-1202 who are enrolled in regional school cooperatives, membership fees paid by school districts and charter schools participating in regional school cooperatives and fee-for-service payments made by school districts and charter schools on behalf of students enrolled in regional school cooperatives for whom the schools do not receive a special education institutional voucher pursuant to section 15-1202. The Arizona state schools for the deaf and the blind shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. F. For the purposes of this section, "regional school cooperatives" means regional programs and services offered by the schools in conjunction with other school districts and charter schools for students with a hearing impairment, sensory impairment or visual impairment who attend a school operated by a school district or a charter school in this state. 15-1305. Arizona state schools for the deaf and the blind; classroom site fund The Arizona state schools for the deaf and the blind classroom site fund is established consisting of monies received from the department of education pursuant to section 15-977. The Arizona state schools for the deaf and the blind shall administer the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated. 15-1306. Arizona state schools for the deaf and the blind; local education agency Notwithstanding any other provision of this chapter or chapter 10, article 7 of this title, the Arizona state schools for the deaf and the blind campuses are considered local education agencies for the following purposes: 1. Federal education funding received by this state. 2. State and federal accountability, including reporting requirements. 3. Providing a free and appropriate public education to pupils enrolled in a campus-based model pursuant to the individuals with disabilities education act (20 United States Code chapter 33), including procedural safeguards, complaint procedures, implementation of individualized education programs and reevaluations pursuant to chapter 7, article 4 of this title. 4. Graduation criteria and procedures, including diplomas and transcripts. 15-1307. Property proceeds fund; expenditure plan; review; requirements for disposition of school buildings and grounds A. The property proceeds fund is established consisting of the proceeds from the sale or lease of school buildings and grounds. The schools shall administer the fund and, except as provided in subsection D of this section, shall deposit in the fund all monies that the schools receive for the sale or lease of school buildings and grounds on or after July 1, 2026. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the schools, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. B. In any fiscal year in which the legislature appropriates monies from the property proceeds fund to the schools, the schools shall prepare an expenditure plan for the monies and shall submit the plan to the joint legislative budget committee for review. C. Before the schools may sell school buildings or grounds, the schools shall do all of the following: 1. Determine the appraised value of the school buildings or grounds by ordering independent appraisals from at least two different firms. The schools shall procure appraisal services pursuant to title 41, chapter 23 and shall award a contract for appraisal services to a firm only if the appraiser is well qualified and a designated member of a nationally recognized real estate appraisal association, institute or society. The schools may use any appraisal that is ordered pursuant to this paragraph as the appraised value of the school buildings or grounds. 2. Submit a proposal to sell school buildings or grounds to the joint committee on capital review for review. 3. Sell the school buildings or grounds pursuant to section 37-803. D. The schools are not required to deposit monies in the property proceeds fund if the schools receive the monies for any of the following: 1. Fees, rentals and other charges for the use of school facilities for nonschool events as described in section 15-1323. 2. Proceeds from the lease of school buildings or grounds to a school. 3. Proceeds from the lease of school buildings or grounds for a period of less than one year. A lease of school buildings or grounds for less than one year that includes an automatic lease renewal resulting in a total lease duration that exceeds one year is considered a lease for more than one year for the purposes of this paragraph. 15-1321. Board of directors; members; appointment; term; compensation A. The school for the deaf and the blind shall be governed by a board of directors. The board shall consist of the governor, as an ex officio nonvoting member, the superintendent of public instruction or the superintendent's designee, the governor shall appoint one member from the commission for the deaf and the hard of hearing, one member from the governor's council on blindness and visual impairment and six appointive members. B. The governor shall appoint the appointive members of the board, the member from the commission for the deaf and the hard of hearing and the member from the governor's council on blindness and visual impairment to terms of three years. One member shall be an employee of a school district who works with the district's program for sensory impaired pupils. In selecting three of the remaining five appointive members the governor shall give preference to persons who have experience in and knowledge of sensory impaired education. The terms of two appointive members expire on the first Monday of January of each year. Appointment to fill a vacancy resulting other than by expiration of term shall be for the unexpired portion of the term only. C. Members of the board shall not receive compensation. 15-1322. Board organization; meetings; quorum A. The board shall select from its membership a president, a treasurer and a secretary or a president and a secretary-treasurer. B. A meeting of the board may be called at any time by the governor, the president or the secretary. C. Five voting members shall constitute a quorum for the transaction of business of the board. 15-1323. Board of directors; fund; powers and duties A. The board may bring actions and proceedings necessary to protect the interests of the schools. Such proceedings shall be instituted in the name of the Arizona state schools for the deaf and the blind. B. The board shall be trustee of all donations of lands, monies or other things of value for the benefit of the schools. Notwithstanding title 35, chapters 1 and 2, the board may invest monies donated to the school through a contract with an investment specialist. The superintendent of the schools shall annually report to the board on the use of monies received as donations or income from donations. C. The board shall maintain an enterprise fund in which shall be retained fees, rentals and other charges received for the use of school facilities for nonschool events. D. The board shall: 1. Provide from the funds appropriated for the schools all the necessary staff, services, supplies and equipment. 2. Prescribe the system of records and accounts for the schools. 3. Cause to be kept a record of all important papers. 4. Cause to be kept a set of books and accounts that show every transaction made, every appropriation by the legislature for the schools, the purchase, storage and consumption of supplies for subsistence, construction and other purposes, receipts from all sources and all expenditures made. E. Books and records of the schools shall be open to public inspection, unless otherwise restricted by law. 15-1324. Reports of board of directors The board shall prepare and file: 1. An annual report to the governor with a detailed statement of the cost of maintaining the school which shows in detail every financial transaction, a complete record of the conditions and work of the school, and including reports by the superintendent and chief medical officer. 2. An estimate for the use of the legislature of appropriations necessary for the support of and for needed improvements to the school, and also a report of the operation of the school for the preceding year. 15-1325. Superintendent and other personnel; appointment; compensation; term of employment; qualifications; nonretention notice A. There shall be a superintendent of the schools who shall be the executive officer. The superintendent shall be appointed by the board of directors, and the board shall issue one, two or three year contracts for the superintendent. The superintendent is eligible to receive compensation pursuant to section 38-611. The board of directors shall designate the management and supervisory positions. The superintendent, with the approval of and acting on behalf of the board, shall issue one, two or three year contracts for the management and supervisory positions designated by the board pursuant to this section. Compensation for persons who are issued contracts pursuant to this section shall be paid according to a range of compensation approved by the board of directors. B. The board of directors shall determine the qualifications for the superintendent by action taken at a public meeting. The board of directors shall consider the following qualifications for a candidate for the superintendent position: 1. Experience in the education of students who are deaf, hard of hearing, blind, visually impaired and deaf and blind. 2. Experience in the administration of education programs for students who are deaf, hard of hearing, blind, visually impaired and deaf and blind. 3. A clear understanding of, and expertise in, the education issues facing deaf and blind students, language acquisition, communication access, independent living and accessible education materials. C. The board of directors shall establish a system for the evaluation of the performance of the superintendent in consultation with the administration of the schools. The superintendent shall establish a system for the evaluation of the performance of persons who are contracted pursuant to this section in consultation with the staff of the schools. D. On or before April 15 preceding the expiration of the superintendent's employment contract, the board of directors shall give written notice to the superintendent of the board's intention to offer or not to offer a new employment contract. On or before April 15 preceding the expiration of the contract of a person contracted by the superintendent, acting on behalf of the board pursuant to this section, the superintendent shall give written notice to the person of the board's intention to offer or not to offer the person a new employment contract. If the board decides to offer the superintendent a new employment contract, the board shall offer the new employment contract on or before May 15 preceding the expiration of the superintendent's current employment contract. If the board decides to offer a new employment contract to a person contracted pursuant to this section, the superintendent, acting on behalf of the board, shall offer the new employment contract on or before May 15 preceding the expiration of the current employment contract. The person offered a contract pursuant to this subsection shall accept the contract by signing and returning it to the board within thirty days, or the offer is deemed refused. If the person adds written terms or conditions to the employment contract offered, the person fails to accept the employment contract. E. Notice of the board of directors' intention not to reemploy the superintendent or a person contracted pursuant to this section shall be delivered to the superintendent or the person contracted by one of the following: 1. The superintendent, in person, acting on behalf of the board. 2. Certified mail, postmarked on or before the deadline prescribed in subsection D of this section and directed to the place of residence as recorded in the agency's records. 15-1326. Employment and discharge of personnel; probationary status; report; hearing; policies A. The superintendent, acting on behalf of the board of directors, shall employ all personnel needed for the operation of the schools. The superintendent, with the approval of and acting on behalf of the board, may issue individual contracts for teaching positions. The board shall review all personnel appointments on a periodic basis and may require employment justification by the superintendent as it deems necessary. B. Except as provided in section 15-1325, the superintendent shall place each new employee in a probationary employment status. The board shall determine the term and conditions of probationary employment status. The superintendent may discharge any probationary employee who is unsuited or not qualified for employment at the schools. On satisfactory completion of probationary employment, employees shall be granted permanent employment status. C. The superintendent may discharge, only for cause, any permanent employee at the schools. The superintendent shall file with the board a written report of the action and the reasons for the discharge. Permanent employees who are discharged from employment at the schools are entitled to due process protections in the manner provided by the board, including a hearing before the board of directors. The due process procedures will be developed in consultation with the employees. D. The board shall prescribe policies for employees, including employee conduct and discipline. 15-1327. Limitations on reduction of salaries or personnel; notice; reappointment A. The board of directors may direct the superintendent to reduce salaries or eliminate permanent employee positions in the Arizona state schools for the deaf and the blind in order to effectuate economies in the operation of the schools or to improve the efficient conduct and administration of the schools. The superintendent, with the approval of the board, may designate the positions to be eliminated within an employee classification, and the reduction of personnel shall occur within and be limited to that specific employee classification. A person whose position is eliminated does not have a preferred right to employment in a different employee classification, except that when a vacancy exists in a teaching position and no teacher who is currently employed at any of the schools applies for the position, a person whose position in a management or supervisory position is eliminated has a preferred right to employment as a teacher if that person is qualified for the teaching position. A person whose position is eliminated and who is transferred to a different position in a lower grade does not have a preferred right to a continued salary based on the former position or to any particular salary level in the lower grade. No reduction in the salary of a certificated teacher or credentialed specialist who has been employed by the schools for more than one year shall be made except in accordance with a general salary reduction in the schools by which the person is employed, and in such a case the reduction shall be applied equitably among all permanent employees. B. Notice of a general salary reduction shall be given to each certificated teacher and credentialed specialist affected not later than May 15 before the fiscal year in which the reduction is to take effect. C. A permanent employee who is dismissed for reasons of economy or to improve the efficient conduct and administration of the schools shall have a preferred right of reappointment in the order of original employment by the board of directors in the event of an increase in the number of permanent employees or the reestablishment of services within a period of one year. 15-1329. Employee salaries and classification; definition A. The board shall determine the salaries and assign an employee classification of persons it employs, except for the superintendent as provided in section 15-1325. B. All salary schedules for employees of the schools shall become operative on July 1 of each year and shall be included in the estimate of expenses submitted by the superintendent. C. In any fiscal year in which monies are appropriated to the department of education to provide teacher salary increases, each teacher who is employed by the Arizona state schools for the deaf and the blind in that fiscal year is eligible for the same salary increase from that appropriation in the same manner as any other public schoolteacher. D. For the purposes of this section, "teacher who is employed by the Arizona state schools for the deaf and the blind" means a person who both: 1. Was eligible to be included in the year-end full-time equivalent teacher count of the Arizona state schools for the deaf and the blind for the 2016-2017 school year in the annual financial report of the Arizona state schools for the deaf and the blind. 2. Teaches at the Arizona state schools for the deaf and the blind during the school year. 15-1330. Personnel; fingerprinting; immunity A. The board of directors shall require the superintendent to have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. Certificated personnel employed by the schools shall have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days after employment. B. Noncertificated personnel employed by the schools and nonpaid personnel working in the schools shall be fingerprinted as a condition of employment for the purpose of obtaining state and federal criminal records checks. Noncertificated employees and nonpaid personnel who do not have a valid fingerprint clearance card shall submit fingerprints on the form prescribed by the school to the superintendent within twenty days after the date the person begins work. Employment with the schools is conditioned on the results of the fingerprint check. Fingerprint checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The schools may charge the employee or nonpaid personnel for the costs of the fingerprint checks. D. Personnel employed by the schools shall certify on forms that are provided by the schools that they are not awaiting trial on and have never been convicted of or admitted in open court or pursuant to a plea agreement of committing any criminal offenses in this state or similar offenses in another state or jurisdiction as specified in section 41-1758.03, subsections B and C. E. Before employment, the schools shall make documented, good faith efforts to contact previous employers of personnel to obtain information and recommendations that may be relevant to a person's fitness for employment. For certificated personnel, the schools may also contact the department of education to obtain information that is contained in the person's certification record and that may be relevant to the person's fitness for employment. For persons in other positions that require licensing, the schools may also contact the agency that issued the license for information relevant to the person's fitness for employment. Agencies and previous employers that provide information pursuant to this subsection are immune from civil liability unless the information provided is false and is acted on to the detriment of the employment applicant by the schools and the previous employer or agency knows the information is false or acts with reckless disregard of the truth or falsity of the information. Employees who rely on information obtained pursuant to this subsection in making employment decisions are immune from civil liability unless the information obtained is false and the employee knows the information is false or acts with reckless disregard of the truth or falsity of the information. F. The superintendent shall notify the department of public safety if the superintendent receives credible evidence that a person who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B. 2. Falsified information on the form required by subsection D of this section. 15-1341. Instruction of pupils A. The board of directors shall see that all persons admitted to the school are taught and trained by methods which are to their best interests. B. The board shall ensure the careful supervision of the care, education and development of pupils to insure that the best care and education known to modern science is given, as nearly as is practicable, and that the best methods of teaching the sensory impaired are used in the school. C. The board shall give special attention to the methods of care, education and development of the persons admitted, with particular consideration of the humanitarian aspects of their education. D. The board, if advisable in particular cases, may allow pupils to remain at the school during the entire year. 15-1342. Admissions A. Chapter 7, article 4 of this title governs admissions to the school except as provided in this section. The evaluation and consideration of placement in the school shall be made under the direction of the chief administrative official of the home school district within the boundaries of which the child resides or a person designated by the official as responsible for special education after consultation with the parent, as defined in section 15-761, of the child. If a parent or legal guardian of a child directly refers a child to the Arizona state schools for the deaf and the blind, the schools shall immediately, after notification of the referral, contact the representative of the home school district within the boundaries of which the child resides. A representative of the home school district shall arrange for the establishment of a placement and evaluation team for that child. B. A placement and evaluation team shall determine the appropriate educational placement for the child based on the development of an individualized education program. Placement and review of the individualized education program may be conducted at the same meeting. Each placement and evaluation team shall document that it has advised the child's parent or legal guardian of all placement options. The placement and evaluation team shall consist of at least the following persons: 1. The parent or legal guardian of the child. 2. A representative from the home school district in which the child resides who meets all of the following requirements: (a) Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities. (b) Is knowledgeable about the general education curriculum. (c) Is knowledgeable about the availability of resources of the public agency. 3. A certified teacher of children with a sensory impairment who provides or may provide in the future educational services to the child. 4. An evaluator, with preference given to an evaluator who is trained and experienced in evaluating the educational needs of children with a sensory impairment. The evaluator may also be a member of the team pursuant to paragraph 2 or 6 of this subsection. 5. An educational representative of the Arizona state schools for the deaf and the blind. The educational representative may also be a member of the team pursuant to paragraph 3 of this subsection. 6. If the child is or will be participating in the regular educational environment, at least one regular education teacher. 7. If appropriate, the child with a disability. C. The individualized education program plan of a child continuing in special education placement from the prior school year shall be reviewed annually and revised if necessary. The individualized planning conference shall include a representative of the home school district and a representative of the schools, the child's teacher, the parent, as defined in section 15-761, of the child and, if appropriate, the child. D. The Arizona state schools for the deaf and the blind shall hold a placement meeting for a child who is enrolled in a campus-based model at least annually to review the child's placement status and shall invite a representative of the child's home school district. If a determination is made that the Arizona state schools for the deaf and the blind is no longer the least restrictive environment, the home school district shall enroll the child. E. Except as provided in subsection G of this section, a representative for special education of the home school district shall place the child according to the recommendations of the individualized education program team. F. A child who is placed in the school but moves from one school district or county to another may remain placed in the school until the next annual review. A representative of the child's new district of residence shall be included on the team conducting the review. The superintendent of the Arizona state schools for the deaf and the blind shall at least quarterly give the chief administrator of the school district notice of any changes in a child's residence and the new district of residence shall become the new home school district. G. If the chief administrator of the home school district and the superintendent of the schools determine that the schools cannot provide the appropriate educational programs and services needed by the child, they shall locate or establish a program to meet the child's needs in consultation with the department of education and any other appropriate state agency. H. A complete record of every person admitted shall be kept from the date of the person's admission to the date of the person's discharge, release, removal, graduation or death. The records shall be accessible to the board or a legislative committee or on order of a judge of a court of record. I. A political or religious belief shall not be required as a qualification of any student of the schools. 15-1343. Persons entitled to education A. A person is entitled to an education in the schools for the deaf and the blind without charge if the person is a resident of this state, age three through twenty-one years and sensory impaired to an extent that he cannot acquire an appropriate education in the school district of residence. B. The school district of residence that refers a pupil for admission to the schools shall determine that the pupil is a resident of this state or is otherwise eligible for an education without charge pursuant to sections 15-823 and 15-824. 15-1344. Authority for enrollment of children under three years of age; definition A. The board of directors may enroll a child under the age of three years in the schools for the deaf and the blind without charge if the person having legal custody of the child is a resident of this state and the child is sensory impaired to an extent that the person would benefit from a specialized program. B. For the purposes of this section, the residence of the person having legal custody of the pupil is considered the residence of the pupil. C. For the purposes of this section, "legal custody" means legal custody pursuant to section 15-824. 15-1345. Overage and nonresident students; deposit A. Persons older than the age specified in section 15-1343 and persons who are not residents of this state may be admitted to the school if its capacity will permit, but no person shall be received into or retained in the school to the exclusion or detriment of those for whom it is especially founded. B. Persons from other states and countries may have the benefits of the school by complying with the conditions of admission for state citizens and by advance payment to the superintendent of an amount fixed by the board. C. Monies collected pursuant to subsection B of this section shall be deposited in the schools for the deaf and the blind fund established by section 15-1304. 15-1346. Payment for personal expenses A. It is the responsibility of parents or persons having legal custody of a pupil to provide sufficient monies for that pupil enrolled in the school to cover personal care items, including clothing, hearing aids, hearing aid repairs, eyeglasses, eyeglass repairs, medical or dental care and transportation to the school and home at the close of the school term. B. The superintendent shall periodically make an account of certified expenses for a pupil and shall bill the parent or person having legal custody of the pupil for reimbursement of such expenses. If the superintendent determines that the parent or person having legal custody of the pupil is unable to pay the account and that the pupil is indigent, the superintendent shall remit the account after one school year to the clerk of the board of supervisors of the county in which the pupil resides for payment from the county general fund.