Bill Text: AZ HB2863 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: ASDB; local education agencies

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-05-24 - Chapter 381 [HB2863 Detail]

Download: Arizona-2021-HB2863-Introduced.html

 

 

 

 

REFERENCE TITLE: ASDB; revisions

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2863

 

Introduced by

Representative Udall: Senator Boyer

 

 

AN ACT

 

amending sections 15-1301, 15-1302, 15-1303, 15-1304, 15-1305, 15-1321, 15-1323, 15-1324, 15-1325, 15-1326, 15-1327, 15-1329, 15-1330, 15-1341, 15-1342, 15-1343, 15-1344, 15-1345 and 15-1346, arizona revised statutes; amending title 15, chapter 11, article 3, arizona revised statutes, by adding section 15-1347; relating to the Arizona state schools for the deaf and the blind.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Heading change

The chapter heading of title 15, chapter 11, Arizona Revised Statutes, is changed from "ARIZONA STATE SCHOOL FOR THE DEAF AND THE BLIND" to "ARIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND".

Sec. 2. Section 15-1301, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1301. Definitions

In this chapter, unless the context otherwise requires:

3. 1. "Schools" "ASDB" 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 including the schools and cooperative programs.

2. "Cooperative programs" means the programs and services offered for the deaf and the blind by the schools in conjunction with other educational institutions.

1. 3. "Employee classifications" means one of the following:

(a) Management and supervisory staff on a twelve month twelve-month schedule.

(b) Teachers,  and credentialed and noncredentialed specialists, on an academic schedule.

(c) Clerical, accounting,  and maintenance workers and others on a twelve month twelve-month schedule.

(d) Food service workers and bus drivers on an academic schedule.

2. 4. "Hearing impairment" means a hearing impairment as defined in section 15-761.

5. "LEA" means a local education agency that has administrative control and direction for public education.

6. "LEA of record" means the school district of residence of a student.

7. "Schools" means the campus-based programs located in Tucson and Phoenix.

4. 8. "Sensory impairment" means the following conditions, as defined in section 15-761:

(a) Visual impairment.

(b) Hearing impairment.

(c) Both a visual impairment and a hearing impairment.

(d) Multiple disabilities, if at least one of the disabilities is a visual impairment or a hearing impairment.

5. 9. "Visual impairment" means a visual impairment as defined in section 15-761. END_STATUTE

Sec. 3. Section 15-1302, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1302. 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 that provide schools and regional cooperative programs in appropriate locations in this state.

B. The schools shall be for the education of educate sensory impaired persons so that the persons educated there may become self-sustaining and useful citizens.

C. The ASDB shall be fully recognized as an institution for educational purposes.

C. D. The schools shall be fully recognized as institutions for educational purposes a limited, designated LEA for students and assume the responsibilities of providing services as prescribed through each student's individualized education program accommodation plan when the team that develops the student's individualized education program accommodation plan determines that the student be placed at the ASDB.

E. As a limited, designated LEA for students placed at the schools, the schools have full responsibility for all services defined in each student's individualized education program, including all of the following:

1. Responsibility under all federal and state accountability requirements.

2. Issuing student diplomas.

3. Federal census counts.

4. All required reports and communications regarding a student to the department of education.

D. F. The schools shall be ASDB is an optional resources to resource for 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. Specialized equipment and materials, including assistive technology.

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. G. The services prescribed in subsection D  F of this section 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.

H. When the schools become a student's designated LEA, the LEA of record and the schools shall ensure that all rights and requirements regarding individual student assessment, eligibility, services, placement and procedural safeguards provided through the individuals with disabilities education act (P.L. 91–230; 84 Stat. 175 through 188) remain in force.

I. This section does not diminish the responsibility of a student's LEA of record to educate the student as provided in this title.

J. The superintendent of the ASDB shall receive reimbursement monies from programs, including medicaid and e-rate priority one funding, and may apply for federal and state education grant monies, including grants under the individuals with disabilities education act (P.L. 91–230; 84 Stat. 175 through 188) and title I of the elementary and secondary education act of 1965 (P.L. 89-10; 79 Stat. 27), as reauthorized, during the year.

K. If appropriate, the schools may be eligible for fiscal support available to alternative schools or their equivalent. END_STATUTE

Sec. 4. Section 15-1303, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1303. ASDB; public corporation; tax exemption

A. The school ASDB shall be a body corporate under the name of "the Arizona state school schools for the deaf and the blind".

B. The corporation ASDB shall:

1. Have perpetual succession.

2. Have a corporate seal.

3. Be deemed a public corporation, and its property shall be is exempt from all taxes and assessments.

C. The corporation ASDB 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 that is not suitable for its use into money monies or property which that is suitable for its use. END_STATUTE

Sec. 5. Section 15-1304, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1304. Land reserved for use and benefit of schools; schools for the deaf and the blind fund; exemption

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 ASDB.

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 ASDB shall not be disposed of except by majority approval of the voting members of the board of directors of the school ASDB.

C. The superintendent of the school ASDB 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 ASDB.

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 the regional school cooperatives cooperative programs, 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 appropriations. END_STATUTE

Sec. 6. Section 15-1305, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1305. Arizona state schools for the deaf and the blind classroom site fund; exemption

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 ASDB 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. END_STATUTE

Sec. 7. Section 15-1321, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1321. Board of directors; members; appointment; terms; compensation

A. The school for the deaf and the blind ASDB shall be governed by a board of directors. The board shall consist consists 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.  an appointment to fill a vacancy resulting other than by expiration of the term shall be is for the unexpired portion of the term only.

C. Members of the board shall not receive compensation. END_STATUTE

Sec. 8. Section 15-1323, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1323. 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 ASDB.

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 ASDB through a contract with an investment specialist. The superintendent of the schools ASDB 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 to retain fees, rentals and other charges received for the use of school facilities for nonschool events.

D. The board shall:

1. Provide from the funds monies appropriated for the schools ASDB all the necessary staff, services, supplies and equipment.

2. Prescribe the system of records and accounts for the schools ASDB.

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 ASDB shall be open to public inspection, unless otherwise restricted by law. END_STATUTE

Sec. 9. Section 15-1324, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1324. Reports; 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 ASDB that shows in detail every financial transaction, a complete record of the conditions and work of the school, ASDB and including that includes reports by the superintendent and chief medical financial officer.

2. An estimate for the use of the legislature of to use showing appropriations necessary for the support of and for needed improvements to the school, ASDB and also a report of the operation of the school ASDB for the preceding year. END_STATUTE

Sec. 10. Section 15-1325, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1325. Superintendent and other personnel; appointment; compensation; term of employment; qualifications; nonretention notice

A. There shall be a superintendent of the schools ASDB 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 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 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 educating students who are deaf, hard of hearing, blind, visually impaired and deaf and blind.

2. Experience in the administration of administering 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 to evaluate the performance of the superintendent in consultation with the administration of the schools ASDB. The superintendent shall establish a system for the evaluation of to evaluate the performance of persons who are contracted pursuant to this section in consultation with the staff of the schools ASDB.

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 person's place of residence as recorded in the agency's records. END_STATUTE

Sec. 11. Section 15-1326, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1326. 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 to operate the schools ASDB. 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 ASDB.  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 ASDB.  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 ASDB 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. END_STATUTE

Sec. 12. Section 15-1327, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1327. Reduction of salaries or personnel; limit; 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 ASDB in order to effectuate economies in the operation of the schools ASDB or to improve the efficient conduct and administration of the schools ASDB. 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 or cooperative programs 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 a reduction in the salary of a certificated teacher or credentialed specialist who has been employed by the schools for more than one year shall not 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 ASDB 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. END_STATUTE

Sec. 13. Section 15-1329, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1329. Employee classification; salaries; 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 ASDB 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 ASDB 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 ASDB" 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 ASDB for the 2016-2017 school year in the annual financial report of the Arizona state schools for the deaf and the blind ASDB.

2. Teaches at the Arizona state schools for the deaf and the blind ASDB during the school year. END_STATUTE

Sec. 14. Section 15-1330, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1330. 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 ASDB 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 ASDB to the superintendent within twenty days after the date the person begins work. Employment with the schools ASDB 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 ASDB may charge the employee or nonpaid personnel for the costs of the fingerprint checks.

D. Personnel employed by the schools ASDB shall certify on forms that are provided by the schools ASDB 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 ASDB 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 ASDB 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 ASDB 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 ASDB 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. END_STATUTE

Sec. 15. Section 15-1341, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1341. Instruction of students

A. The board of directors shall see ensure that all persons admitted to students who are placed at the school schools are taught and trained by methods which that are to in their best interests.

B. The board shall ensure the careful supervision of the care, education and development of pupils students to insure ensure that the best care and education known to modern science is are given, as nearly as is practicable, and that the best methods of teaching the students with a sensory impaired impairment are used in the school schools.

C. The board shall give special attention to the methods of care, education and development of the persons students admitted, with particular consideration of the humanitarian aspects of their education.

D. The board, if advisable in particular cases, may allow pupils students to remain at the school schools during the entire year. END_STATUTE

Sec. 16. Section 15-1342, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1342. Placement in schools

A. Chapter 7, article 4 of this title governs admissions to placement in the school schools except as provided in this section. The evaluation and consideration of placement in the school schools shall be made under the direction of the chief administrative official of the school district, charter school 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 schools, the school ASDB shall immediately, after notification of the referral, contact the chief administrative official of the school district, charter school 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 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. An administrator from the school district in which the child resides.

3. A certified teacher of the students with a sensory impaired 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 impaired children impairment.

5. A representative of the school ASDB.

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 schools, 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, charter school 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 schools but moves from one school district or county to another may remain placed in the school schools 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 ASDB shall, at least quarterly, give the chief administrator administrative official of the school district, charter school or accommodation school notice of any changes in a child's residence.

F. If the chief administrator administrative official of the school district, charter school or accommodation school or his the official's designee and the superintendent of the school ASDB determine that the school 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.

G. A complete record of every person admitted child placed shall be kept from the date of his admission the child's placement to the date of his the child's discharge or death. The records shall be accessible to the board or a legislative committee or upon on 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 child received in the school schools, the governing board of the school district, charter school or accommodation school within the boundaries of which the child resides or the board of the school ASDB shall make an investigation investigate and take such action as it deems proper.

I. If the schools are the designated, limited LEA for a student, the schools have full responsibility for all services defined in the student's individualized education program, including all of the following:

1. Responsibility under all federal and state accountability requirements.

2. Issuing student diplomas.

3. Federal census counts.

4. All required reports and communications regarding a student to the department of education.

J. Notwithstanding the schools' designation as a limited LEA for a student, a representative from the school district of residence, charter school or accommodation school remains a required member of the student's individualized education program team.

I. K. No a political or religious belief shall not be required as a qualification of any student of the school schools. END_STATUTE

Sec. 17. Section 15-1343, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1343. Persons entitled to education; residency

A. A person is entitled to an education in the schools for the deaf and the blind at the ASDB without charge if the person is a resident of this state, age is three through twenty-one years of age and has a sensory impaired impairment to an extent that he the person cannot acquire an appropriate education in the person's school district of residence.

B. The school district of residence that refers a pupil for admission to placement in the schools ASDB 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. END_STATUTE

Sec. 18. Section 15-1344, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1344. Authority for enrollment; children under three years of age; definition

A. The board of directors may enroll a child who is under the age of three years of age in the schools for the deaf and the blind ASDB without charge if the person having legal custody of the child is a resident of this state and the child is has a sensory impaired impairment to an extent that the person child would benefit from a specialized program.

B. For the purposes of this section, the residence of the person having legal custody of the pupil child is considered the residence of the pupil child.

C. For the purposes of this section, "legal custody" means legal custody pursuant to section 15-824. END_STATUTE

Sec. 19. Section 15-1345, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1345. Overage and nonresident students; deposit

A. Persons who are older than the age specified in section 15-1343 and persons who are not residents of this state may be admitted to placed at the school ASDB if its capacity will permit allows, but no a person shall not be received into or retained in the school at the ASDB to the exclusion or detriment of those for whom it the ASDB is especially founded.

B. Persons from other states and countries may have the benefits of the school ASDB by complying with the conditions of admission placement 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. END_STATUTE

Sec. 20. Section 15-1346, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1346. Payment for personal expenses

A. It is the responsibility of Parents or persons having legal custody of a pupil to placed at the schools shall 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 schools 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. END_STATUTE

Sec. 21. Title 15, chapter 11, article 3, Arizona Revised Statutes, is amended by adding section 15-1347, to read:

START_STATUTE15-1347. Facilities and transportation; transportation limits; waiver

A. The ASDB retains management and control of all ASDB facilities.

B. The ASDB shall partner with the department of administration to establish and manage all capital projects.

C. Transportation shall be provided to students referred to the schools as the limited, designated LEA.  Miles shall be reimbursed to the schools in the same manner as that of the school district of residence.

D. The schools may not transport students to or from a location that is either:

1. More than thirty miles from the schools.

2. More than one hundred twenty minutes from the schools either before or after the end of a school day.

E. Except as provided in subsection D of this section, the schools shall waive the distance and time limits to transport students participating in the residential program to their homes for approved breaks scheduled in the schools' calendar.  The schools may waive the distance and time limits to transport students participating in the residential program for other circumstances approved by the superintendent of the ASDB.

F. A referring LEA that is outside the transportation boundaries of the schools shall combine resources with the schools to provide transportation to a designated meeting point established by the schools. END_STATUTE

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