USA Statutes : arizona
Title : Education
Chapter : ARIZONA STATE SCHOOL FOR THE DEAF AND THE BLIND
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
(c) Clerical, accounting, maintenance workers and others on a twelve month
(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
(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
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:
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
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 blind fund
A. The grant of one hundred thousand acres of land for schools for the deaf, dumb
and 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. No 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 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 which 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. A 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 are continuously appropriated, 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
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 telecommunications tax fund
A. The ARIZONA state schools for the deaf and the blind telecommunications tax fund
is established consisting of monies received from the telecommunications tax levied
pursuant to section 42-5252, subsection A, paragraph 6. The ARIZONA state schools for the
deaf and the blind shall administer the fund.
B. Monies in the fund shall be used for operating expenses of the ARIZONA state
schools for the deaf and the blind and are subject to legislative appropriation.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations. 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
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. Monies in the enterprise fund may be used only to pay costs associated with
operating facilities for the purpose for which the monies were received.
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 which 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 issued contracts pursuant to this section
shall be paid according to a range of compensation approved by the board of directors.
B. The superintendent and the management and supervisory staff, except for the
persons contracted for personnel service and business and finance service shall be
persons who are competent educators of the deaf or the blind, or the multiply disabled
and sensory impaired, and who are acquainted with school management and class instruction
of the deaf or the blind, or the multiply disabled and sensory impaired. A person is
eligible to be the superintendent, or hold a position on the management or supervisory
staff except for a person contracted for personnel service and business and finance
service if the person has had actual experience as a teacher of the deaf or the blind or
the multiply disabled and sensory impaired.
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 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 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 of directors 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 of directors 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
15-1326 Employment and discharge of personnel
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 and
shall file with the board a written report of the action and the reasons for the
discharge. 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 discharged from employment at the
schools are entitled to due process protections in the manner provided by the board
including but not limited to 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
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,
provided that the 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 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 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 three years.
15-1329 Salaries and subsistence of employees; payrolls
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
C. In addition to the officer's salary, each officer required to live at the school
may receive food supplies for the officer's family from the regular supplies furnished to
the institution, but such officer's family shall include only such officer's spouse and
D. The superintendent shall furnish a semimonthly payroll for the school showing
the name of each officer and employee, monthly stipend and time of service. The payroll
shall be audited by the board and a statement of the amount determined due shall be filed
with the department of administration and a warrant issued to each individual name
15-1330 Fingerprinting personnel; affidavit
A. 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 of employment.
B. In addition to the fingerprint requirement in subsection A of this section,
certificated employees shall submit a second set of fingerprints to the school for the
purposes of obtaining state and federal criminal records checks. Employment with the
schools is conditioned on the results of the fingerprint check required under this
subsection and the maintenance of the certificate or license required for employment.
Fingerprint checks shall be conducted pursuant to section 41-1750 and Public Law
92-544. The fingerprints shall be submitted on the form prescribed by the school.
C. 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 shall submit fingerprints on the form prescribed by the school to the
superintendent within twenty days after the date an employee 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.
D. The department of public safety may exchange the fingerprint data collected
pursuant to subsections B and C of this section with the federal bureau of investigation.
E. The schools may charge the employee or nonpaid personnel for the costs of the
F. Personnel employed by the schools shall certify on forms that are provided by
the schools and notarized 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.
G. 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.
H. 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,
2. Falsified information on the form required by subsection F of this section. 15-1331 Equity study for school personnel
A. The department of administration shall:
1. In consultation with the department of education and the board of directors,
conduct salary equity studies for teachers, credentialed specialists and other personnel
unique to the school. For teachers, compensation for extracurricular activities shall be
included. The department of administration shall conduct a full study once every five
years by analyzing salary structures for similar personnel in school districts in this
state providing significant programs for sensory impaired children. The average salary
increase awarded to similar positions in three school districts included in the full
study and selected by the department of administration and department of education in
consultation with the board shall be reported for consideration by the joint legislative
2. Conduct reclassification studies for all other personnel with follow-up studies
B. The board shall use the results of the department of administration's studies in
determining salaries pursuant to section 15-1329 and in making its budget request. The
joint legislative budget committee may consider the results of the studies in making its
recommendations for funding of existing personnel services.
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.
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 school
district or accommodation school 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 state school for the deaf and the
blind, the school shall immediately after notification of referral contact the chief
administrative official of the school district or accommodation school within the
boundaries of which the child resides. The chief administrative official 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. Each placement and evaluation team shall document that it has advised the
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. An administrator from the school district in which the child resides.
3. A certified teacher of the sensory impaired 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 sensory impaired children.
5. A representative of the school.
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
school district of residence and a representative of the school, the child's teacher, the
parent, as defined in section 15-761, of the child and, if appropriate, the child.
D. Except as provided in subsection F of this section, the chief administrative
official of the school district or accommodation school within the boundaries of which
the child resides or a person designated by the official as responsible for special
education shall place the child according to the recommendations of the individualized
education program team.
E. 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 school shall at least quarterly give
the chief administrator of the school district or accommodation school notice of any
changes in a child's residence.
F. If the chief administrator of the school district or accommodation school or his
designee and the superintendent of the school determine that the school 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.
G. A complete record of every person admitted shall be kept from the date of his
admission to the date of his discharge or death. The records shall be accessible to the
board or a legislative committee or upon order of a judge of a court of record.
H. If there is any question regarding the propriety of the placement or admission
of any person received in the school, the governing board of the school district or
accommodation school within the boundaries of which the child resides or the board of the
school shall make an investigation and take such action as it deems proper.
I. No political or religious belief shall be required as a qualification of any
student of the school.
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.