Arizona Administrative Code
Title 7 - EDUCATION
Chapter 2 - STATE BOARD OF EDUCATION
Article 8 - COMPLIANCE
Section R7-2-801 - Compliance
Universal Citation: AZ Admin Code R 7-2-801
Current through Register Vol. 30, No. 38, September 20, 2024
A. Procedures governing noncompliance with laws and rules by school districts.
1. Scope. Except as may be otherwise directed
by federal or state statute or by rules adopted by the State Board of
Education, this rule shall govern the procedure for determining noncompliance
by school districts with laws and rules concerning school districts, the
enforcement of which is the statutory responsibility of the State Board of
Education or the Department of Education.
2. Preliminary notice of noncompliance and
response:
a. The Department of Education, upon
its own initiative or at the direction of the State Board of Education, shall
inform school districts by written notice that the district is in possible
noncompliance with laws or rules, the enforcement of which is the statutory
responsibility of the Board or the Department.
b. A preliminary notice of possible
noncompliance shall detail in writing the nature of the possible noncompliance
and shall identify:
i. The law or rule which
the school district may be violating; and
ii. The manner in which the school district
may be in noncompliance with the identified law or rule.
c. A school district may submit a written
response to the Department of Education within 20 days of receipt of a
preliminary notice of noncompliance.
d. Nothing contained in this rule is intended
to preclude a reasonable attempt between Department of Education personnel and
school district personnel to resolve administratively possible noncompliance
prior to sending a written preliminary notice of noncompliance.
3. Scheduling a formal hearing
a. Recommendation by the Department of
Education
i. After giving a school district
preliminary notice as provided in this rule, the Department of Education shall
submit a written recommendation to the State Board of Education. This
recommendation shall be submitted within 10 days after receipt of a written
response from the school district or if no response is received within 30 days
of the issuance of the preliminary notice. The Department shall recommend one
of the following courses of action to be taken by the Board.
(1) A formal hearing should be scheduled
before noncompliance is probable and achieving voluntary compliance within a
reasonable period of time under the circumstances is unlikely; or
(2) A formal hearing should not be scheduled
at this time because, although noncompliance is probable, achieving voluntary
compliance within a reasonable period of time is likely; or
(3) A formal hearing should not be scheduled
because the school district is in compliance with the law or rule in
question.
ii. Any
written response of the school district to the preliminary notice of
noncompliance shall accompany the written recommendation of the Department of
Education.
b. Within 30
days of receipt of the recommendation of the Department of Education, the State
Board of Education shall either:
i. Schedule
formal hearing;
ii. Postpone the
decision to schedule a hearing for a stated time period not to exceed six
months, or
iii. Dismiss the
matter.
c. When the
State Board of Education determines that a formal hearing is necessary, it
shall be scheduled within 30 days after such determination, unless an extension
of time is granted by the Board.
d.
When a formal hearing is scheduled, the Board or its designee shall give notice
of the hearing as provided in A.R.S. §
41-1009(A)
and (B).
e. When the Board decides to postpone
scheduling a formal hearing, the Board shall specify the extent of the
postponement and the Department of Education shall report periodically, at
least every 30 days, unless otherwise directed, with respect to progress by the
school district toward compliance with the law or rule in question. At the end
of the postponement period, the Board shall again make a determination whether
to schedule a hearing, further postpone the determination, or dismiss the
matter.
f. The Board may order
further investigation by the Department of Education at any time, and admit
into evidence any such report at any subsequent formal hearing.
4. Hearings held pursuant to this
rule shall be conducted as provided in A.R.S. §
41-1010.
5. The Board's decision
a. A decision by the State Board of Education
shall be determined by a majority of the members of the Board and shall be
based upon substantial evidence.
b.
A decision shall be rendered within 30 days after the hearing.
c. Within 30 days after a decision is
reached, copies of the written decision shall be delivered to the parties
personally or by certified mail.
d.
The parties shall have the opportunity to provide proposed findings of fact and
conclusions of law to the Board no later than five days after the decision of
the Board is received.
6. Rehearing procedure
a. Any party aggrieved by a decision rendered
by the Board may file with the Board, not later than 15 days after service of
the decision, a written motion for rehearing or review of the decision,
specifying the particular grounds therefor.
b. A motion to alter or amend a decision or
order shall be filed not later than 15 days after service of the
decision.
c. A motion for rehearing
under this rule may be amended at any time before it is ruled upon by the
Board.
d. A response may be filed
within 10 days after service of such motion by any other party or by the
Attorney General.
e. The Board may
require the filing of written memoranda upon the issues raised in the motion
and may provide for oral argument.
f. The Board may consolidate the hearing to
consider the motion for rehearing with the requested rehearing.
g. A rehearing or review of the decision may
be granted for any of the following causes materially affecting the moving
party's rights:
i. Irregularity in the
administrative proceedings of the agency or its hearing officer or the
prevailing party, or any order, or abuse of discretion, whereby the moving
party was deprived of a fair hearing;
ii. Misconduct of the Board of the prevailing
party.
iii. Accident or surprise
which could not have been prevented by ordinary prudence;
iv. Newly discovered material evidence which
could not with reasonable diligence have been discovered and produced at the
original hearing;
v. Excessive or
insufficient penalty;
vi. Error in
the admission or rejection of evidence or other errors of law occurring in the
administrative hearing;
vii. The
decision is not justified by the evidence or is contrary to law.
h. The Board may affirm or modify
the decision or grant a rehearing to all or any of the parties and on all or
part of the issues for any of the reasons set forth in subsection (7). An order
granting a rehearing shall specify with particularity the ground or grounds on
which the rehearing is granted, and the rehearing shall cover only those
matters so specified.
i. Not later
than 15 days after a decision is rendered, the Board may on its own initiative
order a rehearing or a review of its decision for any reason for which it might
have granted a rehearing on motion of a party. After giving the parties or
their counsel notice and an opportunity to be heard on the matter, the Board
may grant a motion for rehearing for a reason not stated in the motion. In
either case, the order granting such a rehearing shall specify the grounds on
which the order is based.
j. When a
motion for rehearing is based upon affidavits, they shall be served with the
motion. An opposing party may, within 10 days after such service, serve
opposing affidavits, which period may be extended for an additional period not
exceeding 20 days, by the Board for good cause shown, or by the parties by
written stipulation. The Board may permit a reply affidavit by the moving
party.
B. Waiver from administrative rules. Upon request of a school district acting either on its own behalf or on behalf of a school within the district's jurisdiction, the State Board of Education may grant a waiver exempting such district or school from specific administrative rules.
1. Requests
a. Requests for exemption from any State
Board of Education rule shall include:
i.
Evidence that the school or school district is currently in compliance with all
state laws and State Board of Education rules;
ii. A statement identifying goals that will
be accomplished and how the waiver will assist in enhancing school
improvement;
iii. A three-year plan
for school improvement;
iv.
Identification of the specific rules for which the waiver is
requested;
v. Evidence of a public
hearing held by the school or school district which provided for parental and
public involvement and input into the proposed three-year plan.
b. Requests for waiver may be
granted by the State Board of Education for a period not to exceed three years.
The State Board of Education may at any time rescind approved waivers at its
discretion.
c. Requests for waiver
may be submitted by a local governing board and shall be made through the State
Superintendent of Public Instruction for consideration by the State Board of
Education.
d. Local governing
boards shall adopt policies and procedures which will allow their schools to
request waivers from the State Board of Education and shall submit those
policies and procedures to the Superintendent of Public Instruction prior to
October 1, 1993. Those policies shall be consistent with the criteria specified
in subsections (B)(1)(a) and (B)(3). Additionally, those policies shall provide
that:
i. Requests for such waivers by schools
be forwarded within 30 days of receipt by the governing board to the
Superintendent of Public Instruction. Requests may include additional
information as the governing board deems appropriate.
ii. Schools not be required to meet criteria
other than those specified in subsection (B)(1)(a).
2. Reporting
a. Schools or school districts with State
Board-approved waivers shall document progress obtained as a result of the
waiver and report on or before June 30 of each year to the State Superintendent
of Public Instruction.
b. A school
district having a school with an approved waiver may report the effects that
such waiver has had on the operation of the school district. Reports shall be
submitted on or before June 30 of each year to the State Superintendent of
Public Instruction.
c. The State
Superintendent of Public Instruction shall report to the State Board of
Education, on or before September 30 of each year, the status of those schools
and school districts with approved waivers and, as a minimum, include the
following:
i. The status of meeting the goals
as stated in the three-year plan;
ii. Recommendations regarding approved
continuance of the waiver, conditions for continuance of the waiver, revision
of the three-year plan or rescission of the waiver.
3. Renewal. Upon request from a
school district, on behalf of itself or a school within its jurisdiction,
waivers may be approved by the State Board of Education for additional
three-year periods. Requests shall be made through the State Superintendent of
Public Instruction and requests from schools shall be forwarded by the local
governing board to the State Superintendent of Public Instruction within 30
days from receipt.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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