HB2396 - 531R

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

Section 1. Section 15-1304, Arizona Revised Statutes, is amended to read:

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

A. The grant of one hundred thousand acres of land for schools for the deaf, dumb 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. 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 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. A 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 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. 2. 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 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 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 persons with multidisabilities and the sensory impaired, and who are acquainted with school management and class instruction of the deaf or the blind, or persons with multidisabilities and the 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 persons with multidisabilities and the sensory impaired.

B. The board of directors shall determine the qualifications for the superintendent by action taken at a public meeting. It shall be highly desirable that the candidate for the superintendent position demonstrate as many of these qualifications as possible:

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 ~~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 records. END_STATUTE

Sec. 3. 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 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 who are 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. END_STATUTE

Sec. 4. Section 15-1327, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1327. 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, provided if 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 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 three years one year. END_STATUTE

Sec. 5. Section 15-1329, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1329. Employee salaries and classification

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 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 minor children.

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 therein contained. END_STATUTE

Sec. 6. Section 15-1330, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1330. Personnel; fingerprinting; affidavit; 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 of after 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. 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 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 this fingerprint data collected pursuant to subsections B and C of this section with the federal bureau of investigation.

E. C. The schools may charge the employee or nonpaid personnel for the costs of the fingerprint checks.

F. D. 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. 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.

H. 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 F D of this section. END_STATUTE