Arizona Administrative Code, 7 — Education

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Chapter 5 STATE BOARD FOR CHARTER SCHOOLS

Article 4 MINIMUM PERFORMANCE EXPECTATIONS

Ariz. Admin. Code tit. 7, ch. 5, art. 4, tbl. 1 ADM Category Criteria

| ADM Category | Estimated Average Calculation¹ | | Estimated Change in ADM² | | --- | --- | --- | --- | | Low Risk | Greater than 0 to negative 4.99% | or | 0 to 24.99% decline | | Moderate Risk | Negative 5% to negative 14.99% | or | 25% to 49.99% decline | | High Risk | Negative 15% or more | or | 50% or more decline |

¹ The "Estimated Average Calculation" considers the charter holder's estimated performance on the Average Daily Membership measure 's average calculation for the fiscal year that begins on the July 1 following the fiscal year end of the most recent audit conducted under R7-5-504.

² The "Estimated Change in ADM" considers the charter holder's estimated performance on the Average Daily Membership measure's change in ADM calculation for the fiscal year that begins on the July 1 following the fiscal year end of the most recent audit conducted under R7-5-504.

History

• New Table 1. ADM Category Criteria made by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 27 A.A.R. 2914, effective 11/22/2021. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code tit. 7, ch. 5, art. 4, tbl. 2 Probation Risk Level Criteria

| Probation Risk Level One | | | | | | | --- | --- | --- | --- | --- | --- | | Scenario 1 | Scenario 2 | Scenario 3 | Scenario 4 | Scenario 5 | Scenario 6 | | * "Below standard" rating on the going concern measure for two consecutive fiscal years; and * "High risk" ADM category. | * "Below standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on less than three calculated measures¹; and * Any risk ADM category. | * "Below standard" rating on the going concern measure in the prior audited fiscal year; and * Numeric performance positively increased on one or fewer calculated measures¹; and * "High risk" ADM category. | * For two consecutive fiscal years, all three calculated measures¹ received "below standard" or "approaches standard" ratings (regardless of if numeric performance positively increased for one or more calculated measures). | * "High risk" default measure category. | * Two consecutive probation risk level two determinations; or * Two consecutive probation risk level three determinations; or * One probation risk level two determination and one probation risk level three determination in two consecutive cycles. | | Probation Risk Level Two | | | | | | | Scenario 1 | Scenario 2 | Scenario 3 | Scenario 4 | Scenario 5 | | | * "Below standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on all three calculated measures¹; and * "Low risk" or "moderate risk" ADM category. | * "Below standard" rating on the going concern measure in the prior audited fiscal year; and * Numeric performance positively increased on one or fewer calculated measures¹; and * "Low risk" or "moderate risk" ADM category. | * "Below standard" rating on the going concern measure in the prior audited fiscal year; and * Numeric performance positively increased on two or more calculated mea-sures¹; and * Any risk ADM category. | * "Below standard" rating on the going concern measure in the most recent audited fiscal year. | * "Meets standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on one or fewer calculated measures¹; and * "High risk" ADM category. | | | Probation Risk Level Three | | | | | | | Scenario 1 | Scenario 2 | Scenario 3 | | | | | * "Meets standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on one or fewer calculated measures¹; and * "Low risk" or "moderate risk" ADM category. | * "Meets standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on two calculated measures¹; and * Any risk ADM category. | * "Meets standard" rating on the going concern measure for two consecutive fiscal years; and * Numeric performance positively increased on all three calculated measures¹; and * Any risk ADM category. | | | |

¹ "Calculated measures" include the unrestricted days liquidity measure, adjusted net income measure and lease adjusted debt service coverage ratio measure. If a charter holder's performance on a calculated measure has decreased year over year, but continues to be rated "meets standard," this will not be considered declining performance. The charter holder's numeric performance will be considered to have "positively increased."

History

• New Table 2. Probation Risk Level Criteria made by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 28 A.A.R. 3492, effective 10/17/2022. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code tit. 7, ch. 7 RESERVED

Chapter 2 STATE BOARD OF EDUCATION

Article 3 CURRICULUM REQUIREMENTS AND SPECIAL PROGRAMS

Ariz. Admin. Code tit. 7, ch. 2, art. 3, app A [REPEALED]

History

• Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1).

Chapter 1 DIVISION OF SCHOOL FACILITIES

Article 1 BUILDING RENEWAL GRANTS

Ariz. Admin. Code § R7-1-101 Request for a Building Renewal Grant

A. A school district is eligible to request monies from the Building Renewal Grant Fund established under A.R.S. § 41-5731 if the building or part of a building for which monies are requested:

Is in the Division's database maintained under A.R.S. § 41-5702(A)(2);

2. Is owned by the school district;

3. Is used for student instruction or other academic purpose; and

4. Has received routine preventative maintenance, as defined at A.R.S. § 41-5731(N), and the school district has submitted an annual preventative maintenance plan to the Division;

B. Grant request. To receive monies from the Building Renewal Grant Fund, a school district shall submit to the Division:

1. A complete and accurate request using a form that is available online. The school district shall ensure the following information is included in the request:

a. Identifying information.

i. Name of school district;

ii. Name and location of the building or part of a building for which monies are requested;

iii. Name, telephone number, and e-mail address of the superintendent of the school district; and

iv. Name, telephone number, and e-mail address of the school district contact person;

b. Project information.

i. A detailed description of the manner in which the building or part of a building referenced in subsection (B)(1)(a) fails to meet the Minimum School Facility Guidelines, established at 7 A.A.C. 6, Article 2;

ii. A summary of the conclusions from any completed professional study regarding the information provided under subsection (B)(1)(b)(i);

iii. Any citations by or reports from a governmental entity regarding the information provided under subsection (B)(1)(b)(i);

iv. Actions the school district proposes to take to address issues identified in subsection (B)(1)(b)(i) and that are consistent with A.R.S. § 41-5731(C);

v. Calculated cost of the actions proposed in subsection (B)(1)(b)(iv);

vi. A description of any local funding that will be used for the proposed project; and

vii. Amount of monies requested from the Building Renewal Grant Fund.

2. The school district shall attach the following to the request:

a. A copy of any professional study referenced under subsection (B)(1)(b)(ii);

b. A copy of any citation or report referenced under subsection (B)(1)(b)(iii); and

c. A copy of any vendor bids, quotes, or proposals used to determine the cost under subsection (B)(1)(b)(v).

C. Technical assistance. As required under A.R.S. § 41-5702, the Division shall allow a school district to submit an incomplete request for monies from the Building Renewal Grant Fund and provide technical assistance to complete the request.

D. Division action on request for monies.

1. Within 15 days after receiving a request for monies submitted under subsection (B), the Division shall provide notice to the school district through the Division's grants management system of the Division's determination that the request:

a. Is complete or incomplete, or

b. The proposed project does not meet eligibility criteria. A school district may appeal a determination of ineligibility.

2. If the Division determines the submitted request is incomplete, the Division shall include in the notice provide under subsection (D)(1) a description the manner in which the request is incomplete, additional information needed, and the availability of technical assistance.

3. Except as provided under A.R.S. § 41-5702(A)(5)(h), the Division shall not act on a request for monies until the request is complete as described in subsection (B). If the school district fails to submit a complete request within 60 days after notice is provided under subsection (D)(2), the Division may deny the request.

4. When a request for monies is complete, the Division shall determine whether the need for monies is critical or non-critical as described in A.R.S. § 41-5731(G). The Division shall give priority to critical projects.

5. The Division shall distribute monies from the Building Renewal Grant Fund only after the Division and school district agree to the terms and conditions governing the grant of monies. Both the Division and school district shall comply with the agreed terms and conditions.

6. The Division shall distribute monies from the Building Renewal Grant Fund on a reimbursement basis. To be reimbursed for incurred expenses, a school district shall submit a complete and accurate financial report through the Division's grant management system. The Division shall reimburse the amount incurred within 20 days after a financial report is received in the Division's grants management system and accepted by the Division Administrator.

7. The Division shall provide status updates to the school district through the Division's grants management system.

History

• New Section made by final rulemaking at 29 A.A.R. 509, effective 3/10/2023.

Article 2 VALIDATION OF ADJACENT WAYS PROJECT

Ariz. Admin. Code § R7-1-201 Validation of Adjacent Ways Project

A. A school district that has monies from a special assessment on the taxable property in the school district for improvements necessary to ensure the safe ingress to and egress from school property to the public way may, as specified in A.R.S. § 15-995, use the monies for the following:

1. To construct, maintain, or improve a public way adjacent to a parcel of land owned or leased for school purposes by the school district;

To construct sidewalks, sewers, utility lines, roadways, and other improvements along streets and intersections adjacent to a parcel of land owned or leased for school purposes by the school district;

3. To ensure the safe ingress and egress of buses and fire equipment from the public way to a parcel of land owned or leased for school purposes by the school district; and

4. To maintain fire and bus lanes, including signage and striping, on any parcel of land owned or leased for school purposes by the school district.

B. Before expending funds from the special assessment on an adjacent ways project, a school district shall file with the Division a complete and accurate description of the project using a form that is available online. The school district shall ensure the following information is included in the description:

1. Name and address of the school facility to be benefited by the project;

2. Name of the school district;

3. Name, telephone number, and e-mail address of the school district superintendent;

4. Name, telephone number, and e-mail address of the school district contact person;

5. A description of the proposed adjacent ways project including:

a. A designation of the category listed in subsection (A) applicable to the project; and

b. A summary of the conclusions from any completed professional study regarding need for the project; and

6. Calculated cost of the proposed project.

C. A school district shall attach the following to the description filed under subsection (B):

1. A map showing the parcel of land owned or leased by the school district and the manner in which the proposed adjacent ways project will be placed on the parcel of land;

2. A copy of any professional study referenced under subsection (B)(5); and

3. A copy of any vendor bids, quotes, or proposals used to determine the cost provided under subsection (B)(6).

D. A school district that proposes an adjacent ways project with expenditures less than $50,000 may begin the project after filing the complete and accurate description required under subsections (B) and (C).

E. Except as provided in subsection (D), the Division shall validate or invalidate a school district's proposed adjacent ways project within 60 days after receiving a complete filing under subsections (B) and (C). The Division shall validate a proposed adjacent ways project only if the Division determines the project:

Complies with all state laws relating to adjacent ways projects, and

2. Does not contain work outside the scope of an adjacent ways project as described at A.R.S. § 15-995(A).

History

• New Section made by final rulemaking at 29 A.A.R. 509, effective 3/10/2023.

Chapter 2 STATE BOARD OF EDUCATION

Article 1 STATE BOARD OF EDUCATION MEETINGS

Ariz. Admin. Code § R7-2-101 Governance

A. Officers

1. The elective officers of the State Board of Education ("Board") shall be a President and a Vice President.

2. The State Superintendent of Public Instruction shall serve as the Secretary and as the Executive Officer of the Board.

3. The President shall preside over all meetings of the Board, call meetings as herein provided and perform such other special duties as may be vested in him or her by the Board.

4. In the absence of the President, the Vice President shall preside over all meetings and shall perform such other special duties as may be vested in him or her by the Board.

5. The President shall appoint a nominating committee that will prepare a slate of candidates for presentation to the Board at the first regular meeting following January 1 of each year. Other candidates may be nominated from the floor. The two elected officers shall be elected by written ballot and shall serve for one year, or until their successors are elected.

6. If a vacancy occurs in the office of President, the Vice President shall immediately become the President. As soon as practicable, the Board shall elect a new Vice President.

B. Regular and special meetings

1. Unless otherwise agreed upon by a majority of the Board, meetings shall be held on the fourth Monday of each month.

2. The place of the meeting shall be designated by the President. In the absence of the President, the place of meeting shall be designated by the Vice President.

C. Public input to the Board

1. Requests for matters to be placed on the agenda.

a. When any person wishes to have a matter placed on the agenda, that person shall submit a written request to the President of the Board not less than 21 days prior to the Board meeting.

b. The President of the Board may choose not to place an item submitted by a person other than a Board member on the agenda.

Public comment on agenda items.

a. Any member of the public who wishes to address the Board regarding a matter on the agenda for Board action may submit a written request to be heard on forms provided by the Board.

b. The President of the Board or a majority of the Board may allot a reasonable time for members of the public to address the Board with respect to agenda items.

History

• Former Section R7-2-101 repealed, new Section R7-2-101 adopted effective December 4, 1978 (Supp. 78-6). Amended effective February 27, 1980 (Supp. 80-1). Former Section R7-2-101 repealed, new Section R7-2-101 adopted effective June 17, 1985 (Supp. 85-3).

Ariz. Admin. Code § R7-2-102 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-103 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Article 2 STATE BOARD OF EDUCATION COMMITTEE

Ariz. Admin. Code § R7-2-201 Advisory Committees

A. The State Board of Education ("Board") may create an advisory committee for the purpose of providing advice and recommendations as assigned by the Board. In this rule, unless the context otherwise requires, the following definitions shall apply:

1. "Ad Hoc Advisory Committee" means a committee, established by the Board, for a limited time and scope, for the purpose of providing advice and recommendations to the Board.

2. "Executive Committee" means a committee, whose members consist of the President and Vice-President of the Board, established for the purpose of appointing ad hoc advisory committee members.

3. "Standing Advisory Committee" means the Certification Advisory Committee, the Professional Practices Advisory Committee, or any other designated permanent committee, established by the Board, for the specific purpose of providing ongoing advice and recommendations as assigned by the Board.

B. Any advisory committee or similar body that has been created by either the Board or statute shall be appointed and conduct its business in accordance with this rule except as otherwise required by law.

C. The Board shall determine the structure, membership, and tasks of any standing advisory committee the Board has created.

D. The Board's Appointments Subcommittee, whose members are appointed by the President of the Board, shall review nominations submitted by the Board members for appointment to a standing advisory committee and shall provide a recommendation to the Board for consideration. A vacancy on a standing advisory committee shall be filled in the manner described in this Section.

E. The Board shall determine the structure and task of an ad hoc advisory committee it has created and may make suggestions as to members. The Executive Committee shall appoint the members of an ad hoc advisory committee. An ad hoc advisory committee shall exist for the time necessary to accomplish its assigned task or for one year from the date it is created, whichever is less. An ad hoc advisory committee may continue to function beyond a one-year period only with the express approval of the Executive Committee. A vacancy on an ad hoc advisory committee shall be filled in the manner prescribed by the Executive Committee.

F. The Board may in its discretion remove any member from and dissolve any standing advisory committee that the Board has created. The Executive Committee may in its discretion remove any member from and dissolve any ad hoc advisory committee that the Executive Committee has created.

G. An advisory committee shall not conduct a meeting of its members without prior acknowledgment from the Executive Director of the Board that the notice and agenda for the meeting have been approved by the President of the Board and posted and that there are sufficient funds to meet all expenses that would be incurred in connection with such meeting. An advisory committee member shall not obligate the payment of Board funds.

H. The meetings of a committee shall be held at the offices of the Board or any other facility for which no charges would be incurred for use of the facility.

I. Activities of an advisory committee are limited to preparation of advice and recommendations to be presented to the Board for issues which relate directly to the task assigned by the Board.

J. Advisory committees are not authorized the use of Board letterhead stationery without the express approval of the President of the Board and are not authorized the use of Department of Education letterhead stationery without the express approval of the Superintendent of Public Instruction.

K. An advisory committee shall:

1. Annually select from its members a chair and vice chair;

2. Request information, assistance, or opinions from the Department of Education necessary to accomplish its task. An advisory committee shall convey any such request through the Department liaison designated pursuant to this rule.

L. A quorum of an advisory committee shall be a majority of the voting members of the advisory committee. Voting members shall be only those members specifically appointed by the Board or Executive Committee. A quorum of an advisory committee is necessary to conduct its business. An affirmative vote of the majority of voting members present is necessary for an advisory committee to take action.

M. The Superintendent shall designate an employee of the Department of Education to serve as a liaison to each advisory committee. The President of the Board may appoint a member of the Board to serve as an additional liaison to each advisory committee as the President deems appropriate.

History

• Amended effective July 1, 1977 (Supp. 77-4). Former Section R7-2-201 repealed, new Section R7-2-201 adopted effective December 4, 1978 (Supp. 78-6). Amended effective February 25, 1987 (Supp. 87-1). Section repealed, new Section adopted effective March 18, 1994 (Supp. 94-1). Amended by exempt rulemaking at 22 A.A.R. 2239, effective 8/1/2016. Amended by final exempt rulemaking at 25 A.A.R. 98, effective 12/17/2018.

Ariz. Admin. Code § R7-2-202 [REPEALED]

History

• Former Section R7-2-202 repealed, new Section R7-2-202 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-202 repealed, new Section R7-2-202 adopted effective June 21, 1979 (Supp. 79-3). Amended effective June 12, 1989 (Supp. 89-2). Amended effective December 12, 1990 (90-4). Amended effective August 28, 1992 (Supp. 92-3). Repealed effective March 18, 1994 (Supp. 94-1).

Ariz. Admin. Code § R7-2-203 [REPEALED]

History

• Former Section R7-2-203 repealed, new Section R7-2-203 adopted effective April 9, 1984 (Supp. 84-2). Amended subsections (A) and (B) effective December 30, 1988 (Supp. 88-4). Repealed effective February 20, 1997 (Supp. 97-1).

Ariz. Admin. Code § R7-2-204 [REPEALED]

History

• Adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-204 repealed, new Section R7-2-204 adopted effective December 31, 1984 (Supp. 84-6). Amended effective August 28, 1992 (Supp. 92-3). Repealed effective February 20, 1997 (Supp. 97-1).

Ariz. Admin. Code § R7-2-205 Professional Practices Advisory Committee

A. Professional Practices Advisory Committees ("Committees") shall act in an advisory capacity to the State Board of Education ("Board") in regard to certification or recertification matters related to immoral conduct, unprofessional conduct, unfitness to teach, and revocation, suspension, censure, or surrender of certificates, and matters related to immoral or unprofessional conduct, unfitness to teach and the discipline of noncertificated individuals.

B. Committees shall each consist of nine members comprised of the following:

1. One elementary classroom teacher,

One secondary classroom teacher,

One principal,

4. One superintendent or assistant/associate superintendent,

5. Three lay members, one lay member who shall be a parent of a student currently attending public school in Arizona,

6. One local Governing Board member, and

7. One charter school teacher, principal or administrator.

C. Members appointed pursuant to subsections B(1), (2), (3) and (4) of this Section shall meet at least the following requirements:

1. Certified to teach in Arizona.

2. Currently employed in or retired from the education profession in the specific category of their appointment.

3. If currently employed, shall have been employed in this category for the three years immediately preceding their appointment.

D. Terms of the members

1. All regular terms shall be for four years except as set forth in subsection (E) below.

2. A member may be reappointed with Board approval.

E. The Board may remove any member from the Committee. All vacancies shall be filled as prescribed in subsections (C) above, and those persons appointed to fill vacancies shall serve to complete the term of the person replaced.

F. The Committee shall:

1. Select from its members a Chairman and Vice-Chairman,

2. A quorum shall be a majority of members of the Committee. A quorum is necessary to conduct business. An affirmative vote of the majority of the members present is needed to take action.

3. Hold meetings as needed to conduct hearings or other Committee business by call of the Chairman of the Committee. If the Chairman neglects or declines to call a meeting, then a majority of the Committee may call a meeting. The Board may call a meeting as required to conduct necessary business. Notice of any meeting shall be given to Committee members seven days prior to the meeting.

4. Recommend the removal of any member who is absent from three consecutive meetings.

5. Refer to R7-2-1308 to assist in determining whether the acts complained of constitute unprofessional conduct.

6. Conduct its business pursuant to R7-2-1301 et seq. and hearings pursuant to R7-2-701 et seq.

History

• Adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-205 repealed, new Section R7-2-205 adopted effective February 24, 1982 (Supp. 82-1). Former Section R7-2-205 repealed, new Section R7-2-205 adopted effective August 30, 1984 (Supp. 84-4). Amended effective February 21, 1986 (Supp. 86-1). Amended subsections (H), (I), and (J) effective February 3, 1987 (Supp. 87-1). Amended effective December 15, 1989 (Supp. 89-4). Amended effective May 31, 1991 (Supp. 91-2). Amended effective April 9, 1993 (Supp. 93-2). Amended effective December 3, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 21 A.A.R. 1775, effective 5/20/2013. Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-206 Certification Denial Appeals Process for Applications for Certification that Do Not Involve Allegations of Immoral or Unprofessional Conduct

A. The Certification Appeals Advisory Committee ("Committee" or "CAAC") shall act in an advisory capacity to the State Board of Education ("Board") and shall serve as the hearing body for the Board in regard to appeals of certification denials pursuant to A.R.S. § 15-534.01 that do not involve allegations of immoral or unprofessional conduct. Applications for certification that involve allegations of immoral or unprofessional conduct shall be reviewed by the Professional Practices Advisory Committee as established by R7-2-205 .

B. The Committee shall be appointed by the Board and shall consist of five members comprised of the following:

1. One certificated elementary classroom teacher,

2. One certificated secondary classroom teacher,

3. One certificated administrator,

4. One lay member, and

5. One local Governing Board member.

C. Terms of the members

1. All regular terms shall be for two years except as set forth in subsection (D).

2. A member may be reappointed with Board approval.

D. The Board may remove any member from the Committee. All vacancies shall be filled in a timely fashion and those persons appointed to fill vacancies shall serve to complete the term of the person replaced.

E. The Committee shall:

1. Select from its members a Chairman and Vice-Chairman.

2. A quorum shall be a majority of members of the Committee. A quorum is necessary to conduct business. An affirmative vote of the majority of the members present is needed to take action.

3. Hold meetings once a month or as often as necessary to conduct hearings or other Committee business.

4. Recommend the removal of any member who is absent from three consecutive meetings.

5. Conduct appeals pursuant to A.R.S. Title 41, Chapter 6, Article 6 and this Section.

F A. Request for hearing. A person who has had an application for certification denied by the Department of Education pursuant to A.R.S. § 15-534.01(B) may file a written request for a hearing with the Board within 15 days after being served notice of the denial pursuant to subsection C of this section. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation of the 15 days. If the final day of the 15 day deadline falls on a Saturday, Sunday or legal holiday, the next business day is the final day of the deadline. Applications for certification that involve allegations of immoral or unprofessional conduct shall be reviewed by the Professional Practices Advisory Committee pursuant to R7-2-205.

G B. Notice of hearing

1. If an applicant requests a hearing to appeal the denial of an application for certification, a notice of hearing shall be given at least 20 days prior to the date set for the hearing.

2. The notice shall include:

a. A statement of the time, place and nature of the hearing.

b. A statement of the legal authority and jurisdiction under which the hearing is to be held.

c. A reference to the particular sections of the statutes and rules involved.

d. A short and plain statement of the matters asserted. If a party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

3. Opportunity shall be afforded all parties to respond and present evidence and argument on the issues involved.

4. The Board may dispose of any certification appeal by decision or approved stipulation, agreed settlement, consent agreement or by default.

5. A hearing before the hearing body or any part thereof shall be recorded manually or by a recording device and shall be transcribed on request of any party, unless otherwise provided by law. The cost of such transcript shall be paid by the party making the request, unless otherwise provided by law or unless assessment of the cost is waived by the Board.

6. The hearing body may reschedule the hearing, maintaining due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

7. The record in an appeal of a certification denial shall include:

a. All pleadings, motions and interlocutory rulings.

b. Evidence received or considered.

c. A statement of matters officially noticed.

d. Objections and offers of proof and rulings thereon.

e. Proposed findings of fact and conclusions of law and exceptions thereto.

f. Any decision, opinion, recommendation or report of the hearing body.

g. All staff memoranda, other than privileged communications, or data submitted to the hearing body in connection with its consideration of the case.

8. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

H C. Service of documents; change of address notice requirement

1. Every notice or decision issued by the Board or the Department pertaining to the denial of an application for initial certification or renewal of a certificate shall be served by personal delivery, first class mail or certified mail, return receipt requested, to the applicant or certificated person's last address of record with the Department of Education or by any other method that is reasonably calculated to give actual notice to the applicant or the certificated person. A document is filed with the Board on the date it is received by the Board, as established by the Board's date stamp on the face of the document. A document issued by the Board or the Department pursuant to this section is served on a party as follows:

a. On the date it is personally served.

b. Five days after it is mailed by first class mail.

c. On the date of the return receipt if it is mailed by certified mail.

2. Each applicant or certificated person shall inform the Department of Education and the Board of any change of address within 30 days of the change of address.

I D. Hearing process

1. All hearings shall be conducted before the Board or a hearing officer pursuant to A.R.S. Title 41, Chapter 6, Article 6 and this section.

1 2. Parties may participate in the hearing in person or through an attorney.

2 3. Upon request of either party, the hearing officer may schedule a prehearing conference. The purpose of a prehearing conference shall be to narrow issues, attempt settlement, address evidentiary issues or for any other purpose deemed necessary by the hearing officer.

4. Opportunity shall be afforded all parties to respond and present evidence and argument on the issues involved.

5. The Board may dispose of any certification appeal by decision or approved stipulation, agreed settlement, consent agreement or by default.

6. A hearing shall be recorded manually or by a recording device and shall be transcribed on request of any party, unless otherwise provided by law. The cost of such transcript shall be paid by the party making the request, unless otherwise provided by law or unless assessment of the cost is waived by the Board.

7. The hearing may be rescheduled, maintaining due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

8. The record in an appeal of a certification denial shall include:

a. All pleadings, motions and interlocutory rulings;

b. Evidence received or considered;

c. A statement of matters officially noticed;

d. Objections and offers of proof and rulings thereon;

e. Proposed findings of fact and conclusions of law and exceptions thereto;

f. Any decision, opinion, recommendation or report of the hearing officer;

g. All staff memoranda, other than privileged communications, or data submitted to the hearing officer in connection with its consideration of the case.

9. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

3 10. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings shall be grounds for reversing any administrative decision or order, providing the evidence supporting such decision or order is substantial, reliable, and probative. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Every person who is a party to such proceedings shall have the right to be represented by counsel, to submit evidence in open hearing and shall have the right of cross-examination. Unless otherwise provided by law, hearings may be held at any place determined by the Board. At such hearing such applicant shall be the moving party and have the burden of proof.

4 11. Copies of documentary evidence may be received in the discretion of the hearing officer. Upon request, the parties shall be given an opportunity to compare the copy with the original.

5 12. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the hearing officer. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The hearing officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

J E. Subpoenas

1. The hearing officer may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence on the hearing officer's own volition or at the request of a party.

2. A request for a hearing subpoena shall be in writing and served on each party at least seven days prior to the date set for hearing and shall state:

a. The name of the case, the case number, and the date, time and place where the witness is expected to appear and testify;

b. The name and address of the witness subpoenaed;

c. The documents, if any, sought to be provided; and

d. A brief statement of the relevance of the testimony or documents.

3. On application of a party or the agency and for use as evidence, the hearing officer may permit a deposition to be taken, in the manner and upon the terms designated by the hearing officer, of a witness who cannot be subpoenaed or is unable to attend the hearing.

4. The individual to whom a subpoena is directed shall comply with its provisions unless, prior to the date set for appearance, the hearing officer grants a written request to quash or modify the subpoena. The request shall state the reasons why it should be granted. The hearing officer shall grant or deny such request by order.

5. The hearing officer shall quash or modify the subpoena if:

a. It is unreasonable or oppressive; or

b. The desired testimony or evidence may be obtained by an alternative method.

5 6. The party requesting the subpoena shall prepare it and cause it to be served upon the individual to whom it is directed in the same manner as provided for service of subpoenas in civil matters before the superior court. The return of service shall be filed with the Board.

K F. Conduct of hearing

1. The hearing officer may conduct all or part of the hearing by telephone or other electronic means, as long as each party has an opportunity to participate in the entire proceeding as it takes place.

2. Except for those hearings which may involve presentation of evidence protected by law as confidential, or which are otherwise closed pursuant to an express provision of law, all hearings are open to public observation.

3. Conduct at any hearing that is disruptive or shows contempt for the proceedings shall be grounds for exclusion from further participation or observation.

L G. Evidence

1. All witnesses shall testify under oath or affirmation.

2. The hearing officer shall have the power to administer oaths and affirmations.

3. All parties shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and fair disclosure of the facts.

4. The hearing officer shall receive evidence, rule upon offers of proof, and exclude evidence the hearing officer has determined to be irrelevant, immaterial, or unduly repetitious.

5. Unless otherwise ordered by the hearing officer, documentary evidence shall be limited in size when folded to 8 1/2 by 11 inches. The submitting party shall identify documentary exhibits by number or letter and party and furnish a copy of each exhibit to each party present. One additional copy shall be furnished to the hearing officer unless the hearing officer otherwise directs. When evidence offered by any party appears in a larger work, containing other information, the party shall plainly designate the portion offered. If the evidence offered is so voluminous as would unnecessarily encumber the record, the book, paper, or document shall not be received in evidence but may be marked for identification and, if properly authenticated, the designated portion may be read into or photocopied for the record. All documentary evidence offered shall be subject to appropriate and timely objection.

M H. Stipulations. Parties to an appeal of a certification denial may stipulate, in writing, agreement upon any matter involved in the proceeding. If approved by the hearing officer, agreement on matters of procedure shall be binding upon the parties to the stipulation. The hearing officer may require presentation of evidence for proof of stipulated facts for the hearing officer's consideration. No substantive matter agreed to by the parties shall be binding upon the Board unless incorporated into the decision of the Board.

N I. Recommendations

1. A recommended decision shall be prepared for the Board by the hearing officer and shall include findings of fact and conclusions of law, separately stated.

2. Parties shall be notified either personally or by mail to their last known address of any decision or order.

2 3. A recommended decision shall be delivered to the Board within 30 days after the close of the hearing unless the Board extends the period for good cause.

O J. Decisions and orders

1. Any final decision or order adverse to a party shall be in writing or stated in the record.

2. When the Board is the hearing body, the decision shall be rendered within 60 days following the final day of the hearing.

3. Within 30 days after receipt of any recommended decision from the hearing officer, the Board shall render a decision to affirm, reverse, adopt, modify, supplement, amend or reject the recommendation and may remand the matter to the hearing officer with instructions, or may convene itself as the hearing body.

P K. Rehearing and review of decisions

1. After a hearing is held, a party in an appeal of a certification denial who is aggrieved by a decision rendered by the Board may file with the Board, not later than 30 days after such decision has been made, a written motion for rehearing specifying the particular grounds therefor. A motion for rehearing under this Section may be amended at any time before it is ruled upon by the Board. A response may be filed within 15 days after service of such motion by any other party. The Board may require the filing of written briefs on the issues raised in the motion or response and may provide for oral argument.

2. A rehearing of a decision by the Board may be granted for any of the following causes materially affecting the moving party's rights:

a. Irregularity in the administrative proceedings of the hearing body, or abuse of discretion, whereby the moving party was deprived of a fair hearing.

b. Misconduct of the hearing body or the prevailing party.

c. Accident or surprise which could not have been prevented by ordinary prudence.

d. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the hearing.

e. Excessive or insufficient penalties.

f. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing.

g. That the decision is not justified by the evidence or is contrary to the law.

3. The Board may affirm or modify the decision or grant a rehearing to all or any of the parties, on all or part of the issues, for any of the reasons set forth in paragraph 2 of this subsection. 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.

4. 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. The order granting such a rehearing shall specify the grounds therefor.

5. Not later than 20 days after a decision is rendered, the Board may, on its own initiative, order a rehearing of its decision for any reasons for which it might have granted a rehearing on motion of a party. The order granting such a rehearing shall specify the grounds therefor.

6. When a motion for rehearing is based upon affidavits they shall be served with the motion. An opposing party may, within 10 days after service of such motion, serve opposing affidavits and this period may be extended for an additional period not exceeding 20 days, by the Board for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

7. After a hearing has been held and a final administrative decision has been entered, a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party's administrative remedies.

8. Any party in an appeal of a certification denial who is aggrieved by a decision rendered by the Board may file with the Board, not later than 20 days after such decision has been made, a written request for review of the decision. If a review of the decision is granted, the Board may affirm or modify the previous decision.

History

• Former Section R7-2-206 adopted effective December 4, 1978 (Supp. 78-6). Repealed effective February 24, 1982. See R7-2-205 adopted effective February 24, 1982 (Supp. 82-1). New Section R7-2-206 adopted effective August 9, 1989 (Supp. 89-3). Repealed effective March 18, 1994 (Supp. 94-1). New Section made by exempt rulemaking at 16 A.A.R. 156, effective December 7, 2009 (Supp. 09-4). Amended by final exempt rulemaking at 25 A.A.R. 98, effective 12/17/2018.

Ariz. Admin. Code § R7-2-207 [REPEALED]

History

• Adopted effective August 9, 1989 (Supp. 89-3). Repealed effective March 18, 1994 (Supp. 94-1).

Article 3 CURRICULUM REQUIREMENTS AND SPECIAL PROGRAMS

Ariz. Admin. Code § R7-2-300 Adoption of Assessments

As required in A.R.S. § 15-741, the Board shall adopt statewide assessments in order to measure pupil achievement of the state board adopted academic standards as follows:

1. In English language arts and mathematics, annually in grades three through eight and at least once in high school.

2. In science, once in grades three through five and grades six through eight and at least once in high school.

3. In other subjects and for other students, at the direction of the Board.

History

• New section made by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013. Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-301 Minimum Course of Study and Competency Goals for Students in the Common Schools

A. Students shall demonstrate competency as defined by the State Board-adopted academic standards, at the grade levels specified, in the following required subject areas. District and charter school instructional programs shall include an ongoing assessment of student progress toward meeting the competency requirements. These shall include the successful completion of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by district and/or statewide assessments.

1. English language arts;

2. Mathematics;

3. Science;

4. Social Studies; including:

a. Civics; and

b. Instruction on the Holocaust and other genocides at least once in either grade seven or grade eight;

5. The Arts, which may consist of two or more of the following: visual arts, dance, theatre, music or media arts;

6. Health/Physical Education, including mental health. Mental health instruction may be included as part of other subject areas and shall comply with A.R.S. § 15-701.02.

B. The local governing board or charter school may prescribe course of study and competency requirements for promotion that are in addition to or higher than the course of study and competency requirements the State Board of Education prescribes. Additional subjects may be offered by the local governing board or charter school as options and may include, but are not limited to:

1. Career and Technical Education,

2. Computer Science,

3. Educational Technology,

4. World and Native Languages.

C. Prior to the issuance of a standard certificate of promotion from the 8th grade, each student shall demonstrate competency, as defined by the local governing board, of the State Board of Education adopted academic standards for grade 8 in the subject areas listed in subsection (A).

D. Special education and promotion from the 8th grade.

1. The charter school or local governing board of each school district shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with R7-2-401 et seq.

2. Students placed in special education classes in grades K-8 are eligible to receive the standard certificate of promotion without meeting State Board of Education competency requirements.

E. Online and distance education courses may be offered by the local governing board or charter school if the course is provided through an Arizona Online Instruction Program established pursuant to A.R.S. § 15-808.

F. Alternative Demonstration of Competency. Upon request of the student, the local school district governing board or charter school shall provide the opportunity for a student in grades seven and eight to demonstrate competency in the subject areas listed in subsection (A) in lieu of classroom time.

History

• Former Section R7-2-301 repealed, new Section R7-2-301 adopted effective December 4, 1978 (Supp. 78-6). Amended subsections (A) and (B) effective May 4, 1982 (Supp. 82-3). Amended subsection (B) by adding subsection (10) effective July 26, 1982 (Supp. 82-4). Section repealed, new Section adopted effective April 12, 1993 (Supp. 93-2). Amended effective May 3, 1993 (Supp. 93-2). Amended by exempt rulemaking at 21 A.A.R. 1778, effective 6/23/2014. Amended by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013. Amended by final exempt rulemaking at 24 A.A.R. 691, effective 2/26/2018. Amended by final rulemaking at 26 A.A.R. 2897, effective 10/26/2020. Amended by final exempt rulemaking at 27 A.A.R. 2694, effective 10/25/2021.

Ariz. Admin. Code § R7-2-301.01 [REPEALED]

History

• R7-2-301(A), (B), and (C) repeated and numbered as R7-2-301.01(A), (B), and (C); R7-2-301(D) and (E) repeated and numbered as R7-2-301.01(D) and (E) and amended; the text of R7-2-301.01 as amended is effective January 1, 1989 (Supp. 86-2). Complete text printed and historical note added (Supp. 89-3). Repealed effective April 12, 1993 (Supp. 93-2).

Ariz. Admin. Code § R7-2-301.02 [REPEALED]

History

• Adopted effective March 26, 1990 (Supp. 90-1). Amended effective December 18, 1991; amended effective December 20, 1991 (Supp. 91-4). Repealed effective March 18, 1994 (Supp. 94-1).

Ariz. Admin. Code § R7-2-302 Minimum Course of Study and Competency Requirements for Graduation from High School

The Board prescribes the minimum course of study and competency requirements as outlined in subsections (1) through (5) and, through the graduating class of 2025, receipt of a passing score of 60 correct answers out of one hundred questions on a civics test identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services as prescribed in A.R.S. § 15-701.01. Beginning with the graduating class of 2026, students shall obtain a passing score of at least 70 correct answers out of one hundred questions on a civics test identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services prescribed in A.R.S. § 15-701.01.

1. Subject area course requirements. The Board establishes 22 credits as the minimum number of credits necessary for high school graduation. Students shall obtain credits for required subject areas as specified in subsections (1)(a) through (e) based on completion of subject area course requirements or competency requirements. At the discretion of the local school district governing board or charter school, credits may be awarded for completion of elective subjects specified in subsection (1)(f) based on completion of subject area course requirements or competency requirements. The awarding of a credit toward the completion of high school graduation requirements shall be based on successful completion of the subject area requirements prescribed by the State Board and local school district governing board or charter school as follows:

a. Four credits of English or English as a Second Language, which shall include but not be limited to the following: reading American and other world literature, reading informational text, writing, research methods, speaking and listening skills, grammar, and vocabulary.

b. Three credits in social studies to minimally include the following:

i. One credit of American history, including Arizona history;

ii. One credit of world history/geography, to include instruction on the Holocaust and other genocides;

iii. One-half credit of American government, including civics and Arizona government; and

iv. One-half credit in economics.

c. Four credits of mathematics to minimally include:

i. Three credits containing course content in preparation for proficiency at the high school level on the statewide assessment and aligned to the Arizona Mathematics Standards for Algebra I, Geometry, and Algebra II. These three credits shall be taken beginning with the ninth grade unless a student meets these requirements prior to the ninth grade pursuant to subsection (1)(c)(iii). The requirement for the third credit covering Algebra II, may be met by, but is not limited to the following: a math course comparable to Algebra II course content; computer science, career and technical education and vocational education, economics, science and arts courses as determined by the local school district governing board or charter school.

ii. A fourth credit that includes significant mathematics content as determined by the local school district governing board or charter school.

iii. Courses successfully completed prior to the ninth grade that meet the high school mathematics credit requirements may be applied toward satisfying those requirements.

iv. The mathematics requirements may be modified for students using a Personal Curriculum pursuant to R7-2-302.03 .

d. Three credits of science in preparation for proficiency at the high school level on the statewide assessment.

e. One credit of the Arts or career and technical education and vocational education.

f. Seven credits of additional courses prescribed by the local school district governing board or charter school.

i. Health instruction, regardless of the course it is provided in, shall include instruction on mental health;

ii. Mental health instruction may be included in other courses; and

iii. All mental health instruction shall comply with A.R.S. § 15-701.03.

g. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

2. Credits earned through correspondence courses to meet graduation requirements shall be taken from an accredited institution as defined in R7-2-601 . Credits earned thereby shall be limited to four, and only one credit may be earned in each of the following subject areas:

a. English as described in subsection (1)(a) of this Section,

b. Social Studies,

c. Mathematics, and

d. Science.

3. Online and distance education courses may be offered by the local governing board or charter school if the course is provided through an Arizona Online Instruction Program established pursuant to A.R.S. § 15-808.

4. Local school district governing boards or charter schools may grant to career and technical education and vocational education program completers a maximum of 5 1/2 credits to be used toward the Board English, mathematics, science, and economics credit requirements for graduation, subject to the following restrictions:

a. The Board has approved the career and technical education and vocational education program for equivalent credit to be used toward the Board English, mathematics, science, and economics credit requirements for graduation.

b. A credit or partial credit may apply toward more than one subject area but shall count only as one credit or partial credit toward satisfying the 22 required credits.

c. A student who satisfies any part of the Board English, mathematics, science, and economics requirements through the completion of a career and technical education and vocational education program shall still be required to earn 22 total credits to meet the graduation requirements prescribed in this Section.

5. Competency requirements.

a. The awarding of a credit toward the completion of high school graduation requirements shall be based on the requirements outlined in A.R.S. § 15-701.01 and the successful completion of State Board-adopted academic standards for subject areas listed in subsections (1)(a) through (1)(e) and the successful completion of the competency requirements for the elective subjects specified in subsection (1)(f). Competency requirements for elective subjects as specified in subsection (1)(f) shall be the academic standards adopted by the State Board. If there are no adopted academic standards for an elective subject, the local school district governing board or charter school shall be responsible for developing and adopting competency requirements for the successful completion of the elective subject. The school district governing board or charter school shall be responsible for developing and adopting the method and manner in which to administer a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services. School districts and charter schools shall document and report student outcome data on the test pursuant to A.R.S. § 15-701.01 and based on procedures adopted by the Arizona Department of Education. Schools may administer the test to students beginning in the seventh grade and any pupil who does not obtain a passing score on the test may retake the test until the pupil obtains a passing score.

b. The determination and verification of student accomplishment and performance shall be the responsibility of the subject area teacher.

c. Upon request of the student, the local school district governing board or charter school shall provide the opportunity for the student to demonstrate competency in the subject areas listed in subsections (1)(a) through (1)(f) in lieu of classroom time. In appropriate courses, a school district governing board or charter school shall include as a mechanism to demonstrate competency a score determined by the State Board as college and career ready on the appropriate assessment adopted by the State Board pursuant to A.R.S. §§ 15-741 or 15-741.01.

6. The local school district governing board or charter school shall be responsible for developing a course of study and graduation requirements for all students placed in special education programs in accordance with A.R.S. Title 15, Chapter 7, Article 4 and R7-2-401 et seq. Students placed in special education classes, through 12, are eligible to receive a high school diploma upon completion of graduation requirements.

History

• Former Section R7-2-302 repealed, new Section R7-2-302 adopted effective December 4, 1978 (Supp. 78-6). Amended effective July 8, 1983 (Supp. 83-4). Amended subsections (1) and (5) effective January 1, 1987 (Supp. 84-3). See R7-2-302.01 and R7-2-302.02 for minimum credits for graduating classes of 1987 forward (Supp. 86-5). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. Amended effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section adopted by final rulemaking at 7 A.A.R. 1255, effective February 20, 2001 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 3893, effective August 21, 2002 (Supp. 02-3). Amended by exempt rulemaking at 21 A.A.R. 1778, effective 6/23/2014. Amended by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013. Amended by exempt rulemaking at 22 A.A.R. 197, effective 10/26/2015. Amended by final exempt rulemaking at 24 A.A.R. 691, effective 2/26/2018. Amended by final rulemaking at 26 A.A.R. 2897, effective 10/26/2020. Amended by final exempt rulemaking at 27 A.A.R. 2694, effective 10/25/2021. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-302.01 [REPEALED]

History

• Section R7-2-302 repeated and amended effective January 1, 1987, filed September 24, 1986 (Supp. 86-5). Amended as an emergency by adding a new subsection (B) effective May 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Filing date for January 1, 1987, amendments corrected to September 24, 1986 (Supp. 89-3). Emergency expired. Adopted as a permanent rule effective February 7, 1990 (Supp 90-1). Repealed effective August 28, 1992; Inadvertently omitted from Supp. 92-3; corrected Supp. 93-4. New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1). Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.02 [REPEALED]

History

• Adopted effective January 1, 1991, filed September 24, 1986 (Supp. 86-5). Amended effective May 9, 1988 (Supp. 88-2). Amended effective June 12, 1989 (Supp. 89-2). Amended effective March 26, 1990 (Supp.90-1). Repealed effective March 18, 1994 (Supp. 94-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1). Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.03 Personal Curriculum

A. Definitions.

1. "Personal Curriculum" means a documented process that may be used to modify the high school graduation requirements for mathematics delineated in R7-2-302.02(1)(c) . A student may use a personal curriculum to modify the Algebra II requirement delineated in R7-2-302.02(1)(c)(ii) and reduce the credit requirements for mathematics from four to three credits. A student who successfully completes the student's personal curriculum meets the requirements for high school graduation.

2. "Development Team" means a team that develops a personal curriculum for a student and consists of the student, the parent or legal guardian of the student, and a school counselor or principal or their designee. A school principal may add additional members to the development team as the principal deems appropriate.

B. A student is eligible for a personal curriculum if the student meets the following criteria:

1. The student has successfully completed the mathematics requirements delineated in R7-2-302.02(1)(c)(i) ; and

2. Despite the student's successful completion of the mathematics requirements delineated in R7-2-302.02(1)(c)(i), the development team determines that the student demonstrates a need to modify the requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content.

C. The requirements for a personal curriculum are as follows:

1. An eligible student may only modify the mathematics requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content;

2. In lieu of successfully completing Algebra II or its equivalent course content, an eligible student shall successfully complete at least one credit in mathematics that shall include significant mathematics content as determined by the local school district governing board or charter school; and

3. An eligible student shall successfully complete a course in mathematics in the student's senior year.

D. The procedures for developing and implementing a personal curriculum are as follows:

1. The parent or legal guardian of a student, an emancipated student, or a student with permission from the student's parent or legal guardian may request a personal curriculum in a manner prescribed by the local school district governing board or charter school.

2. Upon receipt of a request for a personal curriculum made pursuant to subsection (D)(1), the local school district or charter school shall verify that the student successfully completed the mathematics requirements delineated in R7-2-302.02(1)(c)(i) and, upon verification, shall convene a development team.

3. The development team shall:

a. Verify that the student demonstrates a need to modify the requirement delineated in R7-2-302.02(1)(c)(ii) for Algebra II or its equivalent course content,

b. Identify an appropriate alternative mathematics course or courses to modify the requirement for Algebra II or its equivalent course content,

c. Develop a written personal curriculum plan that includes the alternative mathematics course or courses identified in subsection (D)(3)(b) and a plan for monitoring student progress toward successfully completing the alternative mathematics course or courses. In developing the personal curriculum plan the development team shall consider how the proposed modifications maintain the integrity of the high school diploma and enable the student to achieve the student's post-secondary education and career goals.

4. The development team may modify the personal curriculum plan based upon the development team's evaluation of the student's progress.

E. The Superintendent of Public Instruction shall monitor a school district or charter school if there is reason to believe that the school district or charter school is allowing modifications inconsistent with the requirements delineated in this Section.

History

• Adopted effective November 1, 1989 (Supp. 89-4). Amended effective December 12, 1990 (Supp. 90-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by exempt rulemaking at 14 A.A.R. 195, effective December 10, 2007 (Supp. 08-1).

Ariz. Admin. Code § R7-2-302.04 [REPEALED]

History

• Adopted effective July 10, 1992 (Supp. 92-3). Amended effective May 3, 1993 (Supp. 93-2). Amended effective December 17, 1998 (Supp. 98-4). Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.05 Arizona Education and Career Action Plan for Students in Grades nine through 12

A. Effective for the graduation class of 2013, schools shall complete for every student in grades 9-12 an Arizona Education and Career Action Plan ("ECAP") prior to graduation. Schools shall develop an Education and Career Action Plan in consultation with the student, the student's parent or guardian and the appropriate school personnel as designated by the school principal or chief administrative officer. Schools shall monitor, review and update each Education and Career Action Plan at least annually. Completion of an Education and Career Action Plan shall be verified by appropriate school personnel.

B. An Arizona Education and Career Action Plan shall at a minimum allow students to enter, track and update the following information:

1. Academic Goals that include identifying and planning the coursework necessary to achieve the high school graduation requirements and pursue postsecondary education and career options; analyzing assessment results to determine progress and identify needs for intervention and advisement; and documenting academic achievement;

2. Career Goals that include identifying career plans, options, interests and skills; exploring entry level opportunities; and evaluating educational requirements;

3. Postsecondary Education Goals that include identifying progress toward meeting admission requirements, completing application forms and creating financial assistance plans; and

4. Extracurricular Activity Goals that include documenting participation in clubs, organizations, athletics, fine arts, community service, recreational activities, volunteer activities, work-related activities, leadership opportunities, and other activities.

History

• New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1). Section R7- 2-302.05 renumbered to R7-2-302.06 ; new Section R7-2- 302.05 made by final exempt rulemaking at 22 A.A.R. 111, effective February 25, 2008; filed in the Office January 6, 2016 (Supp. 16-1). The hyphen between "9-12" has been changed to the word "through" and the numeral 9 has been changed to "nine," to reflect current standards in Chapter style and format (Supp. 21-2).

Ariz. Admin. Code § R7-2-302.06 [REPEALED]

History

• New Section made by exempt rulemaking at 12 A.A.R. 876, effective August 22, 2005 (Supp. 06-1). Amended by exempt rulemaking at 15 A.A.R. 1570, effective September 25, 2006 (Supp. 09-1). Renumbered from R7-2-302.05 by exempt rulemaking at 22 A.A.R. 111, effective 2/25/2008. Amended by exempt rulemaking at 16 A.A.R. 2031, effective August 25, 2008 (Supp. 09-2). Amended by exempt rulemaking at 15 A.A.R. 1602, effective August 24, 2009 (Supp. 09-3). Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.07 [REPEALED]

History

• New Section made by exempt rulemaking at 15 A.A.R. 1602, effective August 24, 2009 (Supp. 09-3). Renumbered from R7-2-302.06 by exempt rulemaking at 22 A.A.R. 111, effective 2/25/2008. Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.08 [REPEALED]

History

• New Section made by exempt rulemaking at 15 A.A.R. 1602, effective August 24, 2009 (Supp. 09-3). Renumbered from R7-2-302.07 by exempt rulemaking at 22 A.A.R. 111, effective 2/25/2008. Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.09 [REPEALED]

History

• New Section made by exempt rulemaking at 15 A.A.R. 1602, effective August 24, 2009 (Supp. 09-3). Renumbered from R7-2-302.08 by exempt rulemaking at 22 A.A.R. 111, effective 2/25/2008. Repealed by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013.

Ariz. Admin. Code § R7-2-302.10 [REPEALED]

History

• Renumbered from R7-2-302.09 by exempt rulemaking at 22 A.A.R. 111, effective 2/25/2008. Amended by exempt rulemaking at 22 A.A.R. 143, effective 8/26/2013. Repealed by exempt rulemaking at 22 A.A.R. 197, effective 10/26/2015.

Ariz. Admin. Code § R7-2-302.11 Minimum Course of Study and Competency Requirements During Public Health Emergency in the 2019-2020 School Year

A. Notwithstanding any other rule, local education agencies shall not refuse to withhold academic credit or a diploma from a student solely because the student missed instructional time due to a school closure issued by the Governor.

B. Local education agencies may issue academic credit and a diploma to a student if the student meets competency requirements pursuant to Article 3. When determining if a student meets competency requirements in a school year during which the Governor issues a school closure, local education agencies may consider the educational opportunities provided to the student during the school closure. Educational opportunities, as determined by the local education agency, may include, but are not limited to the following:

Independent study provided online or through printed materials; and

2. Online instruction.

C. If a local education agency is unable to consider or unable to provide the educational opportunities pursuant to subsection B, the local education agency may award academic credit or a diploma if the student was on track to earn the academic credit or diploma prior to the school closure. Evidence that a student was on track to earn academic credit or a diploma, as determined by the local education agency, may include, but is not limited to, passing grades issued by the student's teacher or passing scores on locally or nationally administered assessments. It is the intent of the Board that all schools attempt, to the extent possible, to provide educational opportunities to students during a school closure issued by the Governor.

D. Local education agencies that issue academic credit and a diploma to a student pursuant to subsections B and C shall issue transcripts and diplomas to students in the same manner as the local education agency would for students that did not miss instructional time due to a school closure caused issued by the Governor.

E. This section applies only to the 2019-2020 school year and the graduating class of 2020.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 966, effective 3/31/2020.

Ariz. Admin. Code § R7-2-303 Sex Education

A. Instruction in sex education in the public schools of Arizona, including instruction provided after hours, shall be offered only in conformity with the following requirements. Nothing in this section shall be construed to require a school district or charter school provide sex education instruction to pupils.

1. Common schools: Nature of instruction; approval; format.

a. Supplemental/elective nature of instruction. The common schools of Arizona may provide a specific elective lesson or lessons concerning sex education as a supplement to the health course of study.

i. This supplement may only be taken by the student at the written request of the student's parent or guardian. When the school district or charter school seeks consent pursuant to this subsection, the school district or charter school shall inform the parent or guardian of their right to review the instructional materials and activities.

ii. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do not enroll in elective sex education.

iii. School districts and charter schools may not provide sex education lessons or instruction before grade five.

iv. Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/4 of the school year for grades five through eight.

b. Local governing board approval. All elective sex education lessons to be offered shall first be approved by the local governing board.

i. Each local governing board contemplating the offering of elective sex education shall establish an advisory committee with membership representative of district size and the racial and ethnic composition of the community to assist in the development of lessons and advise the local governing board on an ongoing basis. All meetings of committees that are authorized for the purposes of reviewing and selecting the sex education course of study shall be publicly noticed at least two weeks before occurring and be open to the public pursuant to Arizona Revised Statutes Title 38, Chapter 3, Article 3.1.

ii. The local governing board shall review the total instructional materials and approve all lessons and curricula in the course of study to be offered in sex education.

iii. The local governing board shall make any proposed sex education course of study available and accessible for review and public comment for at least 60 days before the governing board or governing body decides whether to approve that course of study. The local governing board shall publicize and hold at least two public hearings within the 60-day period for the purpose of receiving public input at least one week prior to the local governing board meeting at which the elective sex education lessons will be considered for approval. Public input may include written comments, oral comments and comments submitted electronically.

iv. The local governing board shall maintain for viewing by the public, both online and in-person pursuant to A.R.S. § 15-102(A)(2), the total instructional materials to be used in approved elective sex education lessons within the school district or charter school at least two weeks before any instruction is offered.

c. Format of instruction.

i. Lessons shall be taught to boys and girls separately.

ii. Lessons shall be ungraded, require no homework, and any evaluation administered for the purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.

iii. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or the student's parents' personal beliefs or practices in sex, family life, morality, values or religion.

2. High schools: Course offering; approval; format.

a. A course in sex education may be provided in the high schools of Arizona.

b. This course may only be taken by the student at the written request of the student's parent or guardian.

c. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do not enroll in elective sex education.

d. All meetings of committees that are authorized for the purposes of reviewing and selecting the sex education course of study shall be publicly noticed at least two weeks before occurring and be open to the public pursuant to Arizona Revised Statutes Title 38, Chapter 3, Article 3.1.

e. The local governing board shall review the total instructional materials and approve all lessons and curricula in the course of study to be offered in sex education.

f. The local governing board shall make any proposed sex education course of study available and accessible for review and public comment for at least sixty days before the governing board or governing body decides whether to approve that course of study. The local governing board shall publicize and hold at least two public hearings within the sixty-day period for the purpose of receiving public input at least one week prior to the local governing board meeting at which the elective sex education lessons will be considered for approval. Public input may include written comments, oral comments and comments submitted electronically.

g. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or the student's parents' personal beliefs or practices in sex, family life, morality, values or religion.

h. Local governing boards shall maintain for viewing by the public, both online and in-person according to A.R.S. § 15-102(A)(2), the total instructional materials to be used in all sex education courses to be offered in high schools within the school district or charter school at least two weeks before any instruction is offered.

3. Content of instruction: Common schools and high schools.

a. All sex education materials and instruction shall be age appropriate, recognize the needs of exceptional students, meet the needs of the district, recognize local community standards and sensitivities, shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the following:

i. Emphasis upon the power of individuals to control their own personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control and ethical considerations such as respect for self and others; and

ii. Instruction on how to say "no" to unwanted sexual advances and to resist negative peer pressure. Pupils shall be taught that it is wrong to take advantage of, or to exploit, another person.

b. All sex education materials and instruction which discuss sexual intercourse shall:

i. Stress that pupils should abstain from sexual intercourse until they are mature adults;

ii. Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is 100 percent effective;

iii. Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread public health problem;

iv. Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy;

v. Advise pupils of Arizona law pertaining to the financial responsibilities of parenting, and legal liabilities related to sexual intercourse with a minor.

B. Certification of compliance. All districts and charter schools offering a local governing board-approved sex education course or lesson shall certify, under the notarized signature of both the president of the local governing board and the chief administrator of the school district or charter school, compliance with this rule except as specified in subsection (C). Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.

C. School districts and charter schools shall make any existing sex education course of study available and accessible for review both online and in person by June 30, 2021.

History

• Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-303 repealed, new Section R7-2-303 adopted effective June 12, 1989 (Supp. 89-2). Amended by final exempt rulemaking at 25 A.A.R. 1550, effective 5/20/2019. Amended by final exempt rulemaking at 27 A.A.R. 1107, effective 6/28/2021. Amended by final exempt rulemaking at 27 A.A.R. 2340, effective 9/27/2021.

Ariz. Admin. Code § R7-2-304 Extended School Year

The governing board of a common high school considering the adoption of an extended school year shall:

1. Prepare a comparative cost analysis of the extended school year program versus the cost of new facilities and sites.

2. Hold at least one public hearing, publicized a week in advance, to present the alternatives, including the results of the comparative cost analysis.

3. Determine faculty, community, and parental support prior to making a final determination.

History

• Former Section R7-2-304 repealed, new Section R7-2-304 adopted effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-305 Declaration of Independence

The governing board of each common school district shall adopt policies that:

1. Require pupils to recite the following passage from the Declaration of Independence for pupils in grades 4 through 6 at the commencement of the first class of the day in the schools: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."; and

2. Enable the pupil or the parent or legal guardian of the pupil to object to reciting the passage of the Declaration of Independence, and that specify that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects.

History

• Repealed effective December 4, 1978 (Supp. 78-6). Adopted effective February 15, 1979 (Supp. 79-1). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 7 A.A.R. 5363, effective November 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-2-306 English Language Learner Programs

A. Definitions. All terms defined in A.R.S. § 15-751 are applicable, with the following additions:

"Statewide assessment" means the test prescribed by A.R.S. § 15-741 or an assessment approved by the Board pursuant to A.R.S. § 15-741.02 to administer to students instead of the statewide assessment.

2. "Arizona Academic Standards" means the standards adopted by the State Board of Education pursuant to A.R.S. §§ 15-203, 15-701, and 15-701.01.

3. "Board" means the State Board of Education.

4. "Compensatory instruction" means instruction given in addition to regular classroom instruction, such as individual or small group instruction, extended day classes, summer school or intersession school.

5. "Department" means the Department of Education.

6. "EL" means English learner.

7. "FEP" means fluent English language proficient, a student who has met the requirements for exit from an English language learner program.

8. "Federal EL grant monies" means federal grants or funds awarded to an LEA to educate ELs or to improve the LEA's capacity to educate ELs, including but not limited to grants awarded under Title III of the Every Student Succeeds Act of 2015.

9. "IEP" means individualized education program, a written statement specifying special education services to be provided to a child with a disability.

10. "LEA" means local education agency, the school district or charter school that provides educational services.

11. "PHLOTE" means primary or home language other than English.

"Reassessment for reclassification" means the process of determining whether an English language learner may be reclassified as fluent English proficient (FEP).

13. "Superintendent" means the State Superintendent of Public Instruction.

14. "WICP" means written individualized compensatory plan that documents the scope and type of services provided to an EL to overcome the identified language and academic deficiencies.

B. Identification of students to be assessed.

1. The primary or home language of all students shall be identified by the students' parent or legal guardian on the home language survey. These documents shall inform parents that the responses to these questions will determine whether their student will be assessed for English language proficiency.

2. A student shall be considered as a PHLOTE student if the home language survey indicates that one or more of the following are true:

a. The primary language used in the home is a language other than English, regardless of the language spoken by the student.

b. The language most often spoken by the student is a language other than English.

c. The student's first acquired language is a language other than English.

3. The English language proficiency of all PHLOTE students shall be assessed as provided in subsection (C).

C. English language proficiency assessment.

1. PHLOTE students in kindergarten shall be administered an English language proficiency test. Students in grades one through twelve shall be administered an English language proficiency test. Students who score below the designated score for fluent English language proficiency, adopted by the Department and based on the test publishers' designated scores, shall be classified as ELs.

2. PHLOTE students in grades 2-12 shall be administered the oral, reading and writing English language proficiency tests approved by the Board. Students who score below the publisher's designated score for fluent English proficiency, or such other score based on the publisher's designated score, that is adopted by the Board, shall be classified as ELLs. PHLOTE students in grades 2-12 who have scored at or above the 40th percentile on the English reading comprehension subtest of the nationally standardized norm-referenced achievement test adopted pursuant to A.R.S. § 15-741 or who have met or exceeded the standards on the reading and writing portions of the AIMS test are exempt from taking the oral, reading, and writing English language proficiency tests and shall not be classified as ELLs.

3. 2. English language proficiency assessments shall be conducted by individuals who are proficient in English and trained in language proficiency testing to administer and, when applicable, score the tests.

4. 3. The LEA shall assess the English language proficiency of all new PHLOTE students as prescribed above within 60 days of the beginning of the school year or within 30 school days of a student's enrollment in school, whichever is later, unless the LEA receives funds under Title III of the Every Student Succeeds Act of 2015 or another federal grant that requires assessment and parental notification within 30 calendar days from the start of the school year or within two calendar weeks of a student enrolling at a school.

D. Assessment of students in special education or in the special education referral process. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsections (B) and (C) inappropriate for a particular special education student, the LEA shall employ alternate procedures for identifying such students or assessing their English language proficiency. Persons conducting the English language assessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

E. D. Screening and assessment of students in gifted education. ELs who meet the qualifications for placement in a gifted educational program shall receive programmatic services designed to develop their specific areas of potential and academic ability and may be concurrently enrolled in gifted programs and English language learner programs.

F. E. English language learner programs.

1. All ELs shall be provided daily instruction in English language development appropriate to their level of English language proficiency and consistent with A.R.S. §§ 15-751, 15-752, and, as applicable, 15-753. The English language instruction shall include listening and speaking skills, reading and writing skills, and cognitive and academic development in English.

ELs shall be provided daily instruction in subject areas required under the minimum course of study adopted by the Board pursuant to R7-2-301 and R7-2-302 that is understandable and appropriate to the level of academic achievement of the EL and is in conformity with accepted strategies for teaching ELs. This subsection does not require an LEA to provide daily instruction in every subject area required pursuant to R7-2-301 and R7-2-302 if those subject areas are not provided daily to English proficient students.

3. The curriculum of all English language learner programs shall incorporate the Academic Standards adopted by the Board and shall be comparable in amount, scope and quality to that provided to English language proficient students.

4. ELs who are not progressing toward achieving proficiency of the Arizona Academic Standards adopted by the Board, as evidenced by the failure to improve scores on the statewide assessment, shall be provided compensatory instruction to assist them in achieving those Arizona Academic Standards. A WICP describing the compensatory instruction provided shall be kept in the student's academic file.

5. On request of a parent or legal guardian of an EL the principal of the EL's school shall require a meeting with the principal or principal's designee, the parent or legal guardian and the classroom teacher to review the student's progress in achieving proficiency in the English language or in making progress toward the Arizona Academic Standards adopted by the Board, to identify any problems, to determine appropriate solutions and to identify the person or persons responsible for implementing the changes and determining their effectiveness.

G. F. Reassessment for reclassification.

1. The purpose of reassessment is to determine if an EL has developed the English language skills necessary to succeed in the English language curricula.

2. An EL in grades one through twelve may be reassessed for reclassification during test windows established by the Department if the mid-year test requirements are met, but shall be reassessed for reclassification at least once per year. ELs that score at or above the designated score for fluent English language proficiency, adopted by the Department and based on the test publishers' designated scores, shall be reclassified as FEP.

3. ELLs in kindergarten or first grade shall be reassessed with an alternate version of the oral test of English language proficiency used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case, the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board based on the publisher's designated score, may be reclassified as FEP. LEAs may also consider other indications of a student's overall progress, including teacher evaluation, and subject matter assessments that are aligned with grade level state content and performance standards in deciding whether to reclassify a student who has passed the oral proficiency test.

4. ELLs in grades 2-12 shall be reassessed with an alternate version of the oral, reading and writing English language proficiency tests used for initial assessment, unless the same test is no longer published or available when a student is to be reassessed. In such case the school shall select a test from the Board approved tests for reassessment. Students who score at or above the test publisher's designated score for English language proficiency, or such other score adopted by the Board, in all of the tests shall be reclassified as FEP.

5. 3. LEAs shall notify the parents or legal guardians in writing that their child has been reclassified as FEP when the student meets the criteria for such reclassification.

H. Reassessment of special education students for English language reclassification. If a multidisciplinary evaluation or IEP team finds the procedures prescribed in subsection (G) inappropriate for a particular special education student, the LEA shall employ alternate procedures for reassessing the student for purposes of English language reclassification. Persons conducting the English language reassessment shall participate with the special education multidisciplinary evaluation or IEP team in the determination of the student's English language proficiency designation.

I. G. Evaluation of FEP students after exit from EL programs.

1. The LEA shall monitor exited students based on the criteria provided in this Section during each of the two years after being reclassified as FEP to determine whether these students are performing satisfactorily in achieving the Arizona Academic Standards adopted by the Board. Such students will be monitored in reading, writing and mathematics skills and mastery of academic content areas, including science and social studies. The criteria shall be grade-appropriate and uniform throughout the LEA, and upon request, is subject to Board review. Students who are not making satisfactory progress shall, with parent consent, be provided compensatory instruction or shall be re-enrolled in an EL program. A WICP describing the compensatory instruction provided shall be maintained in the students' EL files.

2. The LEA shall use statewide assessment scores to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an EL program unless no score is available. Performing satisfactorily will be measured by whether a student meets or exceeds the state standards in reading, writing, and mathematics as measured by the statewide assessment.

3. If a statewide assessment score is not available because the test is not administered in the students' grade or to assess progress in academic subjects not assessed by the statewide assessment, the LEA shall use one or more of the following criteria in its evaluation to determine progress toward achieving the Arizona Academic Standards in monitoring FEP students after exit from an EL program:

a. LEA-developed criterion-referenced tests of academic achievement that demonstrate alignment to the Arizona Academic Standards; or

b. Standardized tests measuring academic achievement that demonstrate alignment to the Arizona Academic Standards; or

c. Nationally norm-referenced test scores; or

d. Teacher recommendations based on classroom assessments that demonstrate alignment to the Arizona Academic Standards.

J. H. Monitoring of EL programs.

1. Each year the Department shall monitor at least 32 LEAs, as follows:

a. At least 12 of the 50 LEAs with the highest EL enrollment;

b. At least 10 LEAs with ELLs that are not included in the 50 described above;

c. At least 10 LEAs that have reported that they have 25 or fewer EL students in their schools; and

d. Other LEAs upon receipt of a documented written complaint from any Arizona resident, the U.S. Department of Education, or the U.S. Office for Civil Rights, alleging that the LEA is not complying with state or federal law regarding ELs.

2. All of the 50 LEAs in subsection (H)(1)(a) shall be monitored by the Department at least once every four years.

3. The monitoring shall be on-site monitoring and shall include classroom observations, curriculum reviews, faculty interviews, student records reviews, and review of EL programs. The Department may use personnel from other schools to assist in the monitoring.

4. The Department shall issue a report on the results of its monitoring within 45 days after completing the monitoring. If the Department determines that an LEA is not complying with state or federal laws applicable to EL students, the LEA shall prepare and submit to the Department, within 60 days of the Department's determination, a corrective action plan that sets forth steps that the LEA will take to correct the deficiencies noted in the report.

5. The Department shall review and return such corrective action plan to the LEA within 30 days, noting any required changes. No later than 30 days after receiving its corrective action plan back from the Department, the LEA shall begin implementing the measures set forth in the plan, including any revisions required by the Department.

6. The Department shall conduct a follow-up evaluation of the LEA within one year after returning the corrective action plan to the LEA.

7. If the Department finds continued non-compliance during the follow-up evaluation, the LEA shall be referred to the Board for a determination of non-compliance. If the Board determines the LEA to be out of compliance with state or federal laws applicable to EL students, it may take one or more of the following actions:

a. Temporarily withhold cash payments of federal EL grant monies;

b. Disallow (that is deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

c. Wholly or partly suspend or terminate the current award of federal EL grant monies;

d. Withhold further awards of federal EL grant monies for the program.

8. The Department shall monitor all LEAs that the Board has determined to be non-compliant and which have had federal EL grant monies withheld or terminated to ensure that such LEAs do not reduce the amount of funds spent on their EL programs as the result of its loss of funds.

History

• Repealed effective December 4, 1978 (Supp. 78-6). New Section R7-2-306 adopted effective July 10, 1979 (Supp. 79-4). Amended effective August 20, 1981 (Supp. 81-4). Former Section R7-2-306 repealed, new Section R7-2-306 adopted effective November 14, 1984 (Supp. 84-6). Amended by final rulemaking at 10 A.A.R. 353, effective March 8, 2004 (Supp. 04-1). Amended by final exempt rulemaking at 26 A.A.R. 66, effective 12/13/2019.

Ariz. Admin. Code § R7-2-307 High School Equivalency Diplomas

A. For the purposes of this rule, the following definitions shall apply:

1. "DANTES" means the Defense Activity for Non-Traditional Education Support.

2. "Department" means the Adult Education Services Division of the Arizona Department of Education.

3. "Equivalency Test" means A High School Equivalency Test approved by the State Board of Education.

4. "High School Equivalency Testing Center" means a testing center established by the Department for the purpose of administering High School Equivalency tests and providing High School Equivalency testing services pursuant to the requirements established by a State Board approved testing provider and state jurisdictional rules.

5. "GEDTS" means the GED Testing Service, Washington, D.C.

6. 5. "USAFI" means the United States Armed Forces Institute.

B. Eligibility requirements. Any individual who is 16 years of age or older and who has officially been withdrawn from school may take a High School Equivalency Test.

1. Individuals shall be required to provide the High School Equivalency Testing Center with positive identification and proof of age, and

2. Individuals who are at least 16 years of age and under 18 years of age shall also be required to provide:

a. A signed and notarized statement of consent from a parent or legal guardian, and

b. A letter from the last school attended verifying that the individual has officially withdrawn from the school.

C. Issuance of a diploma. The Department shall issue a high school equivalency diploma to any individual who has not received a high school diploma or high school equivalency certificate or diploma if the individual:

1. Meets the eligibility requirements specified in subsection (B) and has received passing scores on a High School Equivalency Test; or

2. Is a member of the U.S. Armed Forces and has received passing scores on a High School Equivalency Test through USAFI or DANTES provided that the individual's last high school enrollment was in an Arizona high school. Individuals who have taken a High School Equivalency Test through USAFI or DANTES shall send their military permanent record and application card to DANTES with a request that the official High School Equivalency Test scores and application card be forwarded to the Department; or

Has received passing scores on a High School Equivalency Test taken at an approved testing provider's site, provided that the Department receives an official transcript directly from the approved testing provider.

D. The Department shall keep a record of test scores for each individual who has taken the a High School Equivalency Test.

E. The Arizona Department of Education may collect fees for the issuance of High School Equivalency Diplomas and Transcripts. Fees established pursuant to this Section shall not exceed $20.

1. The State Board of Education will deposit, pursuant to A.R.S. §§ 35-146 and 35-147, fees collected under this Section in the High School Equivalency Testing Revenue Account within the Arizona Department of Education budget, to be used to offset costs of providing these services.

2. If the state fee for General High School Equivalency Diplomas and/or Transcripts presents a financial hardship for the examinee, the examinee may request a fee waiver.

3. A fee waiver shall be granted if all of the following apply:

a. Applicant presents documented proof of Arizona residency.

b. Applicant submits a completed Fee Waiver Request Form, available from the State High School Equivalency Testing Office or from any official High School Equivalency Testing Center.

c. Applicant demonstrates sufficient need for a fee waiver. This may include, but is not limited to the following:

i. Proof of eligibility for public assistance and/or federally subsidized housing,

ii. Residence in a foster home,

iii. Enrollment in a program for the economically disadvantaged such as Upward Bound, or

iv. Participation in a free or reduced lunch program.

History

• Adopted effective August 20, 1981 (Supp. 81-4). Amended subsections (A), (C), and (G) effective October 2, 1984 (Supp. 84-5). Amended effective December 22, 1997 (Supp. 97-4). Amended effective December 31, 1998 (Supp. 98-4). Amended by exempt rulemaking at 18 A.A.R. 1023, effective October 24, 2011 (Supp. 12-2). Amended by exempt rulemaking at 21 A.A.R. 1781, effective 9/23/2013.

Ariz. Admin. Code § R7-2-308 Adult Education

A. For the purposes of this rule the following definitions apply:

1. "Adult Basic Education" (ABE) means instruction in reading, writing and math equivalent to grades one through eight, speaking and citizenship skills.

2. "Adult Secondary Education" (ASE) means instruction in reading, writing, math, science and social studies equivalent to the completion of high school.

"Eligible applicants" may include local educational agencies, community based organizations, volunteer literacy organizations, institutions of higher education, public or private nonprofit organizations, institutions of higher education, public or private nonprofit agencies, libraries, public housing authorities, and consortiums of any of the aforementioned entities.

4. "English Language Acquisition for Adults" (ELAA) means a program of instruction designed to help individuals of limited English proficiency achieve competency in the English language, including reading, writing, listening and speaking.

5. "Literacy" means an individual's ability to read, write and speak in English, compute and solve problems at levels of proficiency necessary to function on the job, in the family and in society.

6. "Project" means the approved and funded application which is administered by the eligible applicant.

B. Application for funding

1. Only eligible applicants may apply for funding.

2. Contracts shall be awarded through a competitive funding process.

Applications shall include budgets and be submitted according to the standard procurement and grants management policies of the Department of Education for the awarding of competitive grants.

C. Board priorities and criteria for application approval

1. Priority shall be given to projects funded during the previous fiscal year which:

a. Adhered to all applicable state and federal rules and regulations.

b. Operated in an efficient and effective manner demonstrating high levels of student educational gains as measured by standardized assessments and student retention as compared with the state average for these projects.

c. Completed and submitted all required state and federal reports.

d. Utilized volunteers where possible.

2. Equal opportunity for project application approval will be given to eligible applicants who demonstrate previous comparable experience and performance in another adult literacy program.

3. Criteria for approval shall include a determination by the project review committee that the application meets state and federal rules and regulations and the policies and procedures contained in the Arizona State Plan for Adult Education.

D. Use of funds and student reporting

1. Federal and state funds shall not be co-mingled.

2. Projects shall not assess students a tuition charge for instruction or fees for books, instructional supplies, or materials used in the program.

3. Student attendance hours reported to the Adult Education Division shall not be used in securing financing from any other source. Classes taught by volunteers are not to be reported unless they are administered and supervised by the local project.

E. An adult education certificate issued by the Board shall be required to teach in the Adult Education Program.

F. Students enrolled in adult education classes must be at least 16 years of age and officially withdrawn from school.

G. Course of study

1. Adult Basic Education (A.B.E.) students shall be functioning academically below the eighth grade level. The sequential course of study shall:

a. Develop and improve communication and computational skills of students.

b. Raise the general educational level of students.

c. Improve the student's ability to benefit from occupational training.

d. Increase opportunities for more productive and profitable employment.

e. Assist students to be better able to meet their adult responsibilities as parents, citizens and as co-workers.

2. Adult Secondary Education (A.S.E.) students shall be functioning below the 12th grade level. The course of study shall:

a. Give the students a foundation in the areas of English, social studies, literature, science and math.

b. Enable students, through the development of critical thinking, to utilize new learning experiences in recognizing, evaluating and solving problems of daily life.

c. Attempt to motivate students to continue their education through more advanced study and to become more proficient in observing and adopting new skills in a changing society.

d. Equip students with the knowledge prerequisite for satisfactory achievement on a High School Equivalency Test approved by the State Board of Education.

3. English Language Acquisition for Adults (ELAA) and citizenship students shall be resident aliens. The course of study shall:

a. Develop an increasing ability to speak, understand, read, and write English.

b. Encourage the student to become a participating citizen and give insight into the values of such participation.

c. Help the student prepare for the Naturalization Test for U.S. Citizenship by developing a background in American history and government.

d. Create a desire for continued learning and self-realization.

H. Reports

1. Each project shall maintain bookkeeping records and must be able to substantiate expenditures.

2. A financial report shall be filed quarterly for each project with the Adult Education Division within 30 days after the close of the quarter.

Projects shall be completed by June 30. A fiscal completion report which has been reconciled with the County School Superintendent's Office, or if another agency, that agency's comparable administrative office, shall be filed with the Adult Education Division within 60 days after the project ending date.

4. Participation in the project reporting system designed to collect student and staff attendance, demographic information and student performance data is required. These reports shall be filed with the Adult Education Division monthly.

5. An annual written report on the year's activities, including internal written monitoring reports, shall be submitted to the Adult Education Division, no later than August 15.

I. If changes in the approved program or budget are desired, an amendment shall be submitted to the Adult Education Division for review and approval prior to expending any funds for the proposed changes.

History

• Adopted effective December 14, 1984 (Supp. 84-6). Amended by exempt rulemaking at 15 A.A.R. 1292, effective June 26, 2006 (Supp. 09-1). Amended by exempt rulemaking at 21 A.A.R. 1781, effective 9/23/2013.

Ariz. Admin. Code § R7-2-309 Completion of Grade 10

Completion of grade 10 is accomplished when a student has earned 10 credits which shall include:

1. Two credits of English.

2. One credit of mathematics.

3. One credit of science.

4. Six credits of additional courses prescribed by the local Governing Board.

History

• Adopted effective March 13, 1986 (Supp. 86-2).

Ariz. Admin. Code § R7-2-310 Pupil Achievement Testing

A. The nationally standardized norm-referenced achievement tests statewide assessments adopted by the State Board shall be given administered annually during a week in September or October the testing windows established by the Department. By June 1 of each year, the Board Department shall designate the week during the fall window for testing for the next school year and all school districts and charter schools shall administer the test during the week windows designated.

B. The superintendent or head of the local education agency shall be responsible for:

1. Reviewing, and attesting to have reviewed, the policies, procedures and guidance provided by the Department regarding administration of statewide assessments.

1. 2. Providing school district enrollment data to the Department annually for purposes of test material distribution.

2. 3. Verifying the count of test materials received and distributing the test materials to each public school in the local education agency.

3. 4. Securing the test materials prior to distribution to pupils or persons administering the tests at the time of testing, as well as after the time of testing. Test materials shall be kept in locked storage.

4. 5. Advising all district and school employees that the test materials are not to be reproduced in any manner.

5. 6. Familiarizing each person who will administer the test with the test publishers' directions for administering the tests, the timing of the tests and the testing schedule. This is to be accomplished through meetings which shall be held near the window for testing.

6. 7. Distributing actual test materials to persons administering the tests on the day of testing and collecting test materials at the end of the day of testing.

7. 8. Training persons administering the tests on how to properly complete the identification information and how to code the information required on the variables being collected pursuant to A.R.S. § 15-741, et seq.

8. 9. Properly packaging all scorable and nonscorable materials which are to be returned to the scoring contractor. Packaging shall comply with instructions furnished by the scoring contractor or the Department.

9. 10. Forwarding all scorable and nonscorable materials which are to be returned to the scoring contractor per instructions. Materials for the entire local education agency should be forwarded in one shipment.

10. 11. Retaining all unused and reusable test materials, reporting them in the school's inventory, storing them in a safe and secure manner and returning the test materials at the end of the testing window per instructions.

11. 12. Immediately reporting to the Department any losses of test materials or other irregularities.

12. 13. The superintendent or head of the local education agency may designate a testing coordinator to act on their behalf.

C. Persons designated by the superintendent or head of the local education agency to administer the test shall:

1. Keep all test materials in locked storage.

2. Not reproduce any test materials in any manner.

3. Not disclose any actual test items to pupils prior to testing.

4. Not provide answers of any test items to any pupils.

5. Administer only sample tests which are provided by the test publishers. Previous editions of the test series being used in the statewide testing program may not be used as sample tests.

6. Strictly observe all timed statewide assessments, if the assessments are timed. The test publishers' suggested time limits for untimed subtests shall be followed as closely as possible in order to maintain uniformity in test administration.

7. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in the directions.

8. Not change a pupil's answer.

9. Return all test materials to the superintendent or head of the local education agency immediately upon completion of testing.

D. Local education agencies shall administer the statewide assessment to all students in the grades designated by the Board. Failure to administer a statewide assessment to at least 95 percent of all students will be factored into the statewide accountability system.

D. E. All violations of this Section shall be referred by the superintendent or head of the local education agency to the State Superintendent of Public Instruction, for appropriate action.

E. For purposes of determining if a student may be exempt from the norm-referenced achievement testing requirement pursuant to A.R.S. § 15-744(B), the local governing board shall:

1. Verify that all students to be exempted have been assessed for language proficiency as required by R7-2-306 in the areas of listening, speaking, reading and writing in English and the primary language and have been determined to be limited English proficient.

2. Verify that all limited-English-proficient students considered for exemption are enrolled in one of the following programs as required by A.R.S. § 15-754 :

a. K-6 Transitional Bilingual Program;

b. 7-12 Structured Bilingual Program;

c. K-12 Bilingual Bicultural Program;

d. English as a Second Language Program; or

e. Individualized Education Program (this program is only acceptable if there are fewer than 10 limited-English-proficient students in a kindergarten program or a grade in a school).

3. Submit to the Arizona Department of Education, no later than September 30 of each year, a governing board resolution for the exemption of eligible students. This resolution shall contain the number, grade level, year of exemption status and primary language of all students to be exempted and an assurance signed by the governing board president and notarized that the requirements of subsections (E)(1) and (E)(2) have been met.

4. Submit to the Arizona Department of Education, no later than December 1 of each year, a final report describing the total number of actual students to be exempted.

F. Limited English students exempted from the norm-referenced achievement testing program shall be assessed annually with an alternative to the norm-referenced achievement test. If the exempted student is in grades 3, 8, or 12, the student shall be administered the assessments prescribed in subsection (F)(2)(c). Alternatives shall be as follows:

1. In the first year a limited-English-proficient student is enrolled within the district, the district may:

a. Administer the language proficiency testing conducted pursuant to R7-2-306 ; or

b. Administer the assessments prescribed in subsection (F)(2)(a) or (b) as the alternative assessment in the areas of reading and writing. In the area of mathematics, districts shall administer the district measurement that has been adopted to assess the essential skills in English or in the primary language to such students.

2. In the years following the first year of enrollment in the district, the alternative assessment shall be:

a. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in reading, writing and mathematics in English; or

b. The tests that have been adopted by the district in accordance with A.R.S. § 15-741 to assess the essential skills in the student's primary language in reading, writing and mathematics. In determining which primary language assessment to administer, the governing board shall consider the extent to which the exempted student has received recent schooling in the primary language;

c. Beginning in the 1991-92 school year, the Arizona Student Assessment Program Essential Skills Tests in English or Spanish shall be administered to exempted students who are enrolled in grades 3, 8, or 12.

3. Alternative assessment instruments specified in subsection (F)(2)(a) or (b) shall be used at the instructional levels for which they were designed.

4. Alternative assessment administered as specified in subsection (F)(2)(a) or (b) shall be conducted at any time prior to April 30 of the school year.

5. The results of alternative assessments administered pursuant to subsections (F)(2)(a) and (b) of this subsection shall be submitted to the Department of Education prior to May 30 of the school year.

G. The school district shall maintain cumulative files regarding exemptions.

H. Beginning in the 1991-1992 school year, the District Assessment Plan filed pursuant to A.R.S. § 15-741(C)(3) shall include plans for the alternative assessment of limited-English- proficient students.

History

• Adopted effective March 13, 1986 (Supp. 86-2). Amended subsections (A) and (B) effective February 25, 1987 (Supp. 87-1). Amended effective October 22, 1991; amended effective December 20, 1991 (Supp. 91-4). Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-311 Pupil Testing Variable Information

Persons designated by the superintendent or head of the local education agency to administer the State Board approved statewide assessments shall assure that information requested by the Department is properly completed for each pupil that is administered a statewide assessment.

1. Sex

2. Primary language

3. Racial/ethnic background.

4. Limited English proficient pupils participating in required programs by type pursuant to A.R.S. § 15-754, where applicable.

History

• Adopted effective June 25, 1986 (Supp. 86-3). Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-312 Honorary High School Diploma

A. An honorary high school diploma shall be provided to an individual who has never obtained a high school diploma and who meets both of the following requirements:

1. Is at least 65 years of age;

2. 1. Currently resides in Arizona; and

3. 2. Provides documented evidence from the Arizona Department of Veterans' Services that the individual enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

4. Was honorably discharged from service with the armed forces of the United States.

B. All high schools shall provide for the presentation of an honorary high school diploma to an individual eligible pursuant to subsection (A). The individual shall not be required to reside within the school boundaries. The Arizona Department of Education may issue an honorary high school diploma to an individual eligible pursuant to subsection (A).

History

• Adopted effective December 15, 1989 (Supp. 89-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by final rulemaking at 9 A.A.R. 1125, effective May 10, 2003 (Supp. 03-1). Amended by final exempt rulemaking at 27 A.A.R. 241, effective 1/25/2021.

Ariz. Admin. Code § R7-2-313 Academic Contests Fund

The State Board of Education establishes an academic contests fund consisting of monies appropriated by the legislature or received as gifts or grants for deposit in the academic contests fund pursuant to A.R.S. § 15-1241.

1. The Superintendent of Public Instruction shall, at least annually, compile a list of national contests to be presented to the State Board of Education for approval. Contest requirements are:

a. Shall be sponsored by a recognized national organization.

b. Shall be academic in nature, motivate pupils to be creative and demonstrate excellence.

c. Shall be open to all pupils, regardless of race, creed, sex or national origin. Contests may separate pupils by age or grade level.

2. School districts shall submit an application for academic contest funds to the Superintendent of Public Instruction for student and chaperone expenses. Requirements are:

a. No other sponsoring agency is assuming the total costs.

b. The participation of the students shall be the result of successfully competing at the local or state level, or both, of that contest.

c. The governing board of the school district in which the students attend shall approve the participation and travel of the students.

d. The fiscal agent applying for academic contest funds shall be an authorized district representative and responsible for the disbursement of travel funds.

e. A school district receiving academic contest funds shall submit a completion report and return any unused portion within 90 days after completion of travel to the Department of Education.

Application review and approval; funding limitations.

a. The State Board of Education shall annually set expenditure limitations for expenses of students and chaperones. These limitations shall be based on the number of applicants, monies available and current state travel regulations.

b. The Superintendent of Public Instruction shall review applications for academic contest funds and shall approve applications based upon the criteria set forth in this rule and the availability of funds.

History

• Adopted effective December 15, 1989 (Supp. 89-4).

Ariz. Admin. Code § R7-2-314 Definitions

The following definitions apply to Sections R7-2-315 and R7-2-315.01:

1. "Board examination system" means a complete instructional system that includes all of the following components:

a. A coherent group of courses that collectively constitutes a core curriculum at the high school level,

b. A comprehensive syllabus for each course,

c. Appropriate instructional and teaching materials for each course,

d. High quality examinations that are closely aligned with the course syllabus,

e. Professional scoring of examinations, and

f. Teacher education that is designed to train teachers to properly teach those courses.

2. "Grand Canyon Diploma" means a high school diploma that is offered to any student who demonstrates readiness for college level mathematics and English according to standards prescribed by an interstate compact on board examination systems, who has passing grades on an additional set of required approved board examinations in core academic courses as determined by the State Board of Education.

3. "Readiness for college level mathematics and English" means that a student has the mathematics and English skills and knowledge needed to succeed in college level courses that count toward a degree or certificate without taking remedial or developmental coursework.

History

• Adopted effective August 14, 1991 (Supp. 91-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by exempt rulemaking at 18 A.A.R. 1025, effective January 24, 2011 (Supp. 12-2).

Ariz. Admin. Code § R7-2-315 Board Examination Systems; Offerings; Procedures

A. The State Board of Education shall select board examination systems that may be used by traditional public schools and charter schools in accordance with the requirements of this Section. Board examination systems selected by the State Board of Education shall:

1. Be approved by an interstate compact on board examination systems,

2. Be periodically modified to reflect core standards selected by an interstate compact on board examination systems,

3. Be aligned to State Board of Education approved academic standards,

Have common passing scores that are prescribed by an interstate compact on board examination systems that are set to the level of literacy required to succeed in college-level courses offered by community colleges in this state that count toward a degree or certificate without taking remedial or developmental coursework.

B. The State Board of Education shall contract with a private organization to act as primary administrator of approved board examination systems. The private organization shall:

1. Identify, select and contract with a national organization that is devoted to issues concerning education and the economy and that is selected by the State Board of Education to provide technical services to develop and maintain an interstate system of approved board examination systems.

Provide data and other information to a national organization that is devoted to issues concerning education and the economy and that is selected by the State Board of Education to provide technical services the national organization deems necessary to set appropriate performance standards for students in this state. The Department of Education shall provide data and other information to the private organization, as necessary.

3. Conduct technical studies required by the State Board of Education to compare the scores on approved board examinations by the students in this state to scores on the Arizona Instrument to Measure Standards Test and other measures deemed necessary to ensure the efficacy of the approved board examinations. The private organization may contract with other entities that are selected by the State Board of Education for the purpose of conducting technical studies.

4. In cooperation with the Superintendent of Public Instruction and the State Board of Education, solicit monies from all lawful private and public sources, including federal monies, to offset the costs of instruction provided to students pursuant to this Section.

5. Exercise general supervision over the implementation of the approved board examination systems in this state.

6. Prepare an annual report for the State Board of Education, which shall forward it to the legislature and the governor, on the progress made toward the goals established in A.R.S. Title 15, Chapter 7, Article 6. Participating schools and the Department of Education shall provide data to the private organization as needed in order to complete the annual report.

7. Identify, select and represent this state on the national governing body of an interstate compact on board examination systems, as approved by the State Board of Education.

8. Select this state's representatives in an interstate compact on board examination systems in accordance with the policies prescribed by that interstate compact.

9. Develop the Grand Canyon Diploma to be approved and adopted by the State Board of Education.

C. The Department of Education shall develop a system, subject to State Board of Education approval, to track the academic progress of pupils who participate in board examination systems.

D. School districts or charter schools wishing to implement an approved board examination in one or more schools shall:

1. Send written notice to the private organization described in this Section indicating that school district's or charter school's interest in implementing an approved board examination system,

2. Submit an implementation plan to the private organization described in this Section that includes at least the following elements:

a. The specific approved board examination system the school district wishes to implement;

b. A proposed timeline for the implementation of an approved board examination system;

c. A description of the funding model that will be employed to ensure the sustainability of the approved board examination system offering;

d. A communication plan for students and parents that provides an overview of the selected approved board examination system, potential course offerings, a description of student support systems, and contact information for students and parents to obtain more detailed information regarding board examination systems and the Grand Canyon Diploma option, as defined in R7-2-315.01.

E. Upon receipt of an implementation plan described in this Section the private organization shall work cooperatively with the applicable school district or charter school to ensure that the plan is feasible and to modify any elements of the plan deemed necessary for successful implementation of the approved board examination system.

History

• Adopted effective November 17, 1994 (Supp. 94-4). Repealed effective February 20, 1997 (Supp. 97-1). New Section made by exempt rulemaking at 18 A.A.R. 1025, effective January 24, 2011 (Supp. 12-2).

Ariz. Admin. Code § R7-2-315.01 Grand Canyon Diploma

A. School districts and charter schools in this state may choose to offer a Grand Canyon Diploma beginning in the 2012 - 2013 school year. A high school student who is enrolled in a school district or charter school that offers a Grand Canyon Diploma may choose to pursue a Grand Canyon Diploma.

B. A student may be awarded a Grand Canyon Diploma at the end of grade 10 or during or at the end of grade 11 or 12 provided that the student has passed both the mathematics and English assessments for the applicable approved board examination system, and the student has successfully completed the following subject area requirements within board examination system curriculum:

Two credits of English;

2. Two credits of mathematics;

3. Two credits of science, including lab-based science, engineering or information technologies;

4. One credit of American History;

5. One credit of World History;

6. One credit of fine arts or career and technical education and vocational education; and

7. One-half credit of economics.

C. A student that satisfies all the criteria for issuance of a Grand Canyon Diploma is exempt from the minimum course of study requirements delineated in R7-2-302.02.

D. Students who earn a Grand Canyon Diploma shall have multiple pathways available to them and may:

1. Enroll the following semester in a community college under the jurisdiction of a community college in this state. Students who take community college courses on high school campuses pursuant to this subsection shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade 12.

2. Remain in high school and enroll in additional advanced preparation board examination programs that are designed to prepare students for admission to high quality postsecondary institutions that offer baccalaureate degree programs. These board examination programs shall be selected from a list provided by an interstate compact for board examination systems and approved by the State Board of Education. Students who elect to remain in high school pursuant to this subsection shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade 12.

Enroll in a full-time career and technical education program offered on a community college campus, a high school campus or a joint technical education district campus, or any combination of these campuses. Students who elect to remain in high school pursuant to this subsection shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade 12.

Return to a traditional academic program without completing the next level of board examination systems curriculum through the end of grade 12. Students who elect to remain in high school pursuant to this subsection shall be eligible to participate in extracurricular activities, including interscholastic sports, through the end of grade 12.

E. Students who pursue but do not earn a Grand Canyon Diploma at the end of grade 10 or 11 shall receive a customized program of assistance during the next school year that addresses the areas in which the student demonstrated deficiencies in the approved board examinations. These students may retake the board examinations at the next available examination administration. Students may choose to return to a traditional academic program without completing the board examination system curriculum.

F. A student who remains in a board examination system curriculum through grade 12 and does not pass the board examination may graduate with a standard diploma provided that the student meets the following requirements:

1. The student has passed the Arizona Instrument to Measure Standards assessments in mathematics and English or received a sufficient score as determined by the State Board of Education on the ACT, SAT, or an approved board examination in mathematics and English.

2. The student has earned at least 22 credits and has passed a State Board of Education approved sequence of courses within the board examination system curriculum. For the purpose of this requirement the private organization and the Department of Education shall recommend for State Board of Education approval a sequence of courses for each approved board examination system. The sequence of courses for each board examination system shall ensure that students receive instruction in all State Board of Education approved academic standards encompassed in R7-2-302.02(1)(a) through (e).

G. A student who is enrolled in a school district or charter school that does not offer a board examination system curriculum may earn a Grand Canyon Diploma by:

1. Obtaining a passing score on the assessments of an approved board examination system in each of the subject areas delineated in R7-2-315.01(B)(1) through (6), and

2. Completing a high school course in economics.

History

• New Section made by exempt rulemaking at 18 A.A.R. 1025, effective January 24, 2011 (Supp. 12-2).

Ariz. Admin. Code § R7-2-316 Charter Schools Stimulus Fund

A. "Start-up costs" mean those costs associated with developing or implementing the following essential components of a charter school:

1. The hiring of teachers and other essential staff members;

2. The hiring of a chief administrative officer and other costs associated with instituting the administrative structure of the school;

Curriculum development and implementation;

4. The leasing of physical facilities or equipment and costs associated with establishment of utility services and accounts;

5. Operational expenses incurred prior to the date on which the charter school begins operations;

6. The development and implementation of an accounting system which complies with the uniform system of financial records requirements;

7. Obtaining insurance, including prepayment of premiums which will effectuate insurance coverage during the first year of operation;

8. Costs associated with licensing and compliance with other health, safety and civil rights requirements.

B. "Costs associated with renovating or remodeling existing buildings and structures" means those costs associated with the following essential components:

1. Modifications affecting the structural integrity of the building, including those changes needed to meet building code and zoning standards.

Modifications needed to meet non-structural building code requirements, such as those related to plumbing, electrical wiring and fire safety.

3. Modifications needed to meet state health standards, such as those related to rest rooms and food preparation and service.

4. Adjusting the size of rooms to accommodate the number of students to be served.

5. Construction-related finish work, such as exterior and interior replastering and painting, carpeting, flooring, baseboards and door hanging.

Roofing and air conditioning/heating installation or repair required prior to operation of the school.

7. Access requirements for persons with disabilities.

C. The State Board of Education shall, subject to legislative appropriation, provide an initial grant or an additional grant from the charter schools stimulus fund to applicants who have a charter or application that has been approved by a sponsor pursuant to A.R.S. § 15-183 and who meet the requirements of A.R.S. § 15-188 and this Section. The grant may be in any amount up to $100,000 per charter school applicant or charter school.

D. The application for an initial grant shall include:

1. A copy of the applicant's charter;

2. The identity of the sponsor which approved the charter;

3. The total amount of funding requested;

4. An itemization of the specific start-up costs and costs associated with renovating or remodeling existing building and structures for which the funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested;

5. The number of students to be served at the school;

6. The dimensions of the facility in which the school is to be operated;

7. A description of the extent to which the facility must be remodeled or renovated in order to meet applicable health and safety standards, unless this information is included in the applicant's charter.

E. The application for an additional grant shall be in a format approved by the State Board of Education and shall include:

1. The date and amount of the initial grant award.

2. A copy of any amendments or other modifications to the charter or application which formed the basis for the initial grant.

The identity of the current sponsor of the charter school.

4. An itemized accounting of the expenditures made with the initial grant monies.

5. The total amount of additional funding requested.

6. An itemization of the specific start-up costs associated with renovating or remodeling existing buildings and structures for which the additional funds will be used. Itemization shall include the amount of funds requested for each essential component and a detailed explanation of the basis for calculating the amount requested.

F. In its review of an application for a stimulus fund grant, the State Board of Education may receive information concerning the application from the Department of Education, an advisory committee, and any other source. The State Board may award a grant in an amount different from that requested by the applicant. No grant shall be awarded pursuant to this Section unless the State Board determines that:

1. Every amount requested in the applicant's itemization of costs is for the essential component with which the amount is associated; and

2. Based on all of the information before the State Board concerning the application, there is a rational basis for the award of funds.

G. No applicant or charter school shall be eligible for more than one initial grant and one additional grant, regardless of the amount awarded.

H. An applicant who receives an initial grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the initial 18-month period.

I. An applicant who receives an additional grant and fails to begin operating a charter school within the 18 months following the date of the award shall reimburse the Department of Education for the amount of the initial grant plus interest calculated at a rate of 10% per year. Such reimbursement is immediately due and payable at the end of the applicable 18-month period and is in addition to any amounts required by subsection (H).

J. An applicant for a grant pursuant to this rule shall be notified of the date at which the State Board of Education shall consider the application no less than 10 days in advance thereof. Written notification of the Board's decision concerning an application for a grant shall be mailed to the applicant within 10 days following such decision.

History

• Adopted effective April 20, 1995 (Supp. 95-2).

Ariz. Admin. Code § R7-2-317 State Seal of Biliteracy Program

A. Definitions. For purposes of this section, "foreign language" means any language other than English.

B. School districts and charter schools in this state may choose to participate in the State Seal of Biliteracy Program (Program) which recognizes students who have attained a high level of proficiency in one or more foreign languages, in addition to English. School districts and charter schools participating in the Program may award the State Seal of Biliteracy to any high school student who graduates from a school operated by the school district or charter school and who meets the requirements of subsection (B)(1) or (2), and subsection (B)(3).

1. Assessment Method. To demonstrate language proficiency through the assessment method, the student must attain the required score on a language assessment as adopted by the State Board of Education, upon recommendation by the Arizona Department of Education, for purposes of demonstrating language proficiency for the Program in the four domains of speaking, writing, listening, and reading.

2. Alternative evidence model. A school district or charter school may choose to award the State Seal of Biliteracy through an alternative evidence method.

a. An alternative evidence method may be used in any of the following circumstances:

i. No standardized assessment exists for the targeted foreign language;

ii. Evaluating the language proficiency of a student with disabilities for whom the standardized assessment is inappropriate as determined by the student's Individualized Education Program team or a student on a 504 plan as determined by the student's 504 plan committee; or

iii. The standardized assessment for the targeted foreign language does not assess one or more of the four domains of speaking, writing, listening and reading.

b. Any alternative evidence method used shall consist of a student portfolio that contains evidence of experience in the targeted foreign language, as well as work samples, test results and other accomplishments that demonstrate proficiency, as established in the guidelines developed by the Arizona Department of Education, in the targeted foreign language in the four domains of speaking, writing, listening and reading. Student portfolios shall comply with guidelines adopted by the Department.

c. A school district or charter school that uses an alternative evidence model must notify the Arizona Department of Education.

3. To be eligible to be awarded the State Seal of Biliteracy, each student shall also demonstrate proficiency in English by meeting the following requirements:

a. The student must successfully complete all English Language Arts requirements for graduation, pursuant to A.A.C. R7-2-302, with an overall grade point average in those classes of 2.0 or higher on a 4.0 scale, or the equivalent; and

b. The student receives a passing score in English Language Arts on one of the following:

i. The statewide assessment adopted pursuant to A.R.S. § 15-741, an assessment approved by the Board pursuant to A.R.S. § 15-741.02, or another state's statewide assessment;

ii. A nationally recognized college entrance exam;

iii. An exam that is accepted for credit or admission by at least one university under the jurisdiction of the Arizona Board of Regents; or

iv. An end of course exam administered as part of a dual enrollment or concurrent enrollment course.

c. If the student has a primary home language other than English, the student shall obtain a score of proficient based on the English language proficiency standards pursuant to A.R.S. § 15-756.

C. By October 1 of each year, the Arizona Department of Education shall make an electronic facsimile of the State Seal of Biliteracy available to each school district and charter school participating in the Program. Each participating school district or charter school shall identify each student who has met the requirements of the Program, affix the State Seal of Biliteracy to the student's diploma upon graduation, and shall note the receipt of the State Seal of Biliteracy on the transcript of the student.

D. The Arizona Department of Education shall post on its website by July 1 of each year, the list of acceptable language assessments and the score to be achieved on each, as approved by the Board, which qualifies the student as proficient in a foreign language. The Arizona Department of Education shall ensure that all approved assessments are aligned to the Arizona world and native languages standards adopted by the Board.

E. Each school district and charter school that chooses to participate in the Program shall meet the following requirements:

1. Notify the Arizona Department of Education of its intent to participate in the Program at least 30 days prior to issuing the seal by filling out the form provided on the Arizona Department of Education's website.

2. Designate at least one individual to serve as coordinator of the Program and provide that individual's name and contact information to the Arizona Department of Education.

3. Using a format prescribed by the Arizona Department of Education, submit a report no later than 90 days after the end of the school year with the total number of students awarded the State Seal of Biliteracy, the number of seals for each targeted foreign language and the method used to determine proficiency in the foreign language.

4. Make available to parents and students information regarding the Program and the name and contact information for the coordinator of the Program.

F. The Arizona Department of Education shall establish guidelines and procedures to assist school districts and charter schools in the administration of the Program.

History

• Adopted by exempt rulemaking at 22 A.A.R. 3367, effective 10/24/2016. Amended by final exempt rulemaking at 27 A.A.R. 1531, effective 8/27/2021.

Ariz. Admin. Code § R7-2-318 K through Three Reading Program

A. In this Section, unless the context otherwise requires:

"Intensive reading instruction" is a proactive instructional approach used to reduce the likelihood of future reading problems by addressing severe and persistent difficulties with learning to read through the use of evidence-based instruction in smaller-group settings, increased instructional time, and increased intensity that is aligned to individual student needs or deficiencies and is driven by ongoing student performance data from a valid assessment tool.

2. "Interventions" are instructional supports provided to students with the purpose of preventing and remediating reading difficulties. These supports are organized in tiers which provide increasing instructional intensity and support with each level.

3. "Motivational assessments" are measures of motivation or attitudes toward reading and produce information to monitor student progress.

4. "Prevention" is instructional support provided to students before students have experienced failure in learning to read.

5. "Remediation" is instructional support provided to students after a student has experienced significant and persistent difficulties in learning to read.

6. "Universal screeners" are very brief measures based on established standardized benchmarks or performance targets developed through extensive research designed to improve accuracy of identifying students who will likely need additional support for meeting grade level reading standards.

B. Prior to the release of monies generated by the K through three reading support level weight, each school district or charter school shall submit to the Department on or before October 1, a comprehensive local education agency K through three reading program plan, using the format prescribed by the Department.

C. Pursuant to A.R.S. §§ 15-211, 15-701 and 15-704, the K through three reading program plan submission shall contain the following components for pupils in half-day and full-day kindergarten programs and grades one through three:

1. School literacy contacts, literacy team members and master K-3 school schedules, to include all subject areas, with a clear emphasis on literacy instruction and displaying all levels of reading support;

2. A list of the staff who reviewed and approved the individual school K through three reading program plan, including special education directors/staff and staff directly involved with reading instruction;

Program expenditures for the prior school year and a budget for the current school year regarding the monies used only on instructional purposes intended to improve reading proficiency from the K through three support level weight and the K through three reading support level weight;

4. An analysis of the effectiveness of the local education agency's K through three reading program for the previous school year and plans for improvement for the current school year, including the specific strategies being employed to support populations currently eligible for exemption from retention, such as struggling readers, English language learners, and students with disabilities;

5. Core reading programs which teach the essential components of reading instruction including explicit and systematic phonics pursuant to A.R.S. § 15-704(H)(1), with a description of the frequency and duration of the instruction;

6. Date of last K through three reading curriculum review for standards alignment;

7. Tier II and Tier III intensive reading intervention programs including reading programs used for students with disabilities (separate from specially designed instruction outlined within a child with a disability's individualized education program), including frequency and duration;

8. A sample template of a parental notification letter;

9. Evidence-based intervention and remedial services provided to students,

Evidence of ongoing teacher training based on evidence-based reading research; and

11. Assurance that all parts of the assessment system are accessible to all students as required by federal law.

D. The local education agency shall submit universal screening data by October 1, winter data by February 1 and spring data by June 1 for pupils in kindergarten programs and grades one through three. Beginning with school year 2025-2026, reported data to the Arizona Department of Education will include third grade statewide ELA exam data disaggregated by subgroups.

1. Student counts of subgroups that are less than 11 are to be reviewed by the LEA, but are to be redacted for reporting purposes by the Arizona Department of Education.

2. Subgroups:

a. All,

b. English Learners,

c. American Indian or Alaska Native,

d. Asian,

e. African American/Black,

f. Hispanic or Latino,

g. Multiple Races,

h. Native Hawaiian or Pacific Islander,

i. White,

j. Income Eligibility 1 and 2, and

k. Students with Disabilities.

E. Each school district or charter school governing body shall submit data for the prior school year on the total number of pupils that were subject to retention, the total number that were promoted, the total number actually retained and the interventions administered pursuant to A.R.S. § 15-701 to the Department no later than October 1 and prior to the release of monies generated by the K through three reading support level weight.

F. The State Board [p]rescribes competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. The competency requirements for the promotion of pupils from the third grade include the following:

1. A pupil shall not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that does not demonstrate sufficient reading skills as established by the state board. A pupil may not be retained pursuant to this subsection if data regarding the pupil's performance on the statewide assessment is not available before the end of the current academic year and may not be retained due to Move On When Reading more than once. A pupil who is not retained due to the unavailability of test data must receive evidence-based intervention and remedial strategies pursuant to A.R.S. § 15-701(A)(2)(c) if the third-grade assessment data subsequently does not demonstrate sufficient reading skills.

a. Each school district shall continue to provide targeted reading interventions and supports for students who are promoted to fourth grade due to one of the good-cause exemptions. As an example, implementing the following evidence-based practices:

i. Placement with a highly-effective teacher, as determined by teacher evaluations;

ii. Use of a valid literacy assessment to determine specific areas of struggle with reading;

iii. High-dose tutoring targeted to the specific areas of struggle, including:

(1) Continued development of phonological awareness skills;

(2) Continued development of decoding skills;

(3) Continued development of fluency skills;

iv. Use of a valid and reliable literacy assessment for regular progress monitoring;

v. Regular communication with the parents/guardians of students receiving supports to detail the reports received at school and specific strategies that parents can use to support students in the home.

b. Each school district or charter school governing body shall use a valid and reliable literacy assessment to collect and provide updated data on the progress of students who are promoted to fourth grade due to one of the good-cause exemptions.

2. A school district governing board or the governing body of a charter school may promote a pupil from the third grade who does not demonstrate sufficient reading skills pursuant to R7-2-318(F)(1) of this section if the pupil:

a. Is an English learner or a limited English proficient student as defined in A.R.S. § 15-751 and has had fewer than three years of English language instruction.

b. Is in the process of a special education referral or evaluation for placement in special education, has been diagnosed as having a significant reading impairment, including dyslexia, or is a child with a disability as defined in A.R.S. § 15-761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program.

c. Has demonstrated or subsequently demonstrates sufficient reading skills or adequate progress toward sufficient reading skills of the third grade reading standards as evidenced through a collection of valid and reliable reading assessments approved by the State Board of Education, which includes an alternative standardized reading assessment approved by the state board. The approved alternative standardized reading assessment shall be a re-administration of the statewide third-grade English language arts exam, which shall be administered by the Arizona Department of Education, and shall use the same State Board approved K-3 Reading (Move On When Reading) cut score.

d. Receives intervention and remedial services during the summer or a subsequent school year pursuant to A.R.S. § 15-701(A)(2)(c) and demonstrates sufficient progress based on guidelines issued in A.R.S. § 15-701(B)(7). Sufficient progress toward reading may be demonstrated by meeting the State Board of Education approved cut score for the K-3 Reading Program (Move On When Reading) on a readministration of the statewide third-grade English language arts exam as administered by the Arizona Department of Education.

G. On or before December 15, the Department of Education shall submit an annual report on the K-3 reading program to the governor, the President of the Senate and the Speaker of the House of Representatives and shall provide a copy of this annual report to the Secretary of State, the State Board of Education and the chairpersons of the education committees of the Senate and the House of Representatives. The report shall contain all of the following:

1. Information on the improvement of K-3 reading in this state, including achievement data statewide and achievement data at the school district and charter school level. The information pursuant to this paragraph shall include data and information on continued proficiency on the statewide assessment in subsequent grades.

2. A description of the activities of the department to support school districts and charter schools in improving K-3 reading.

3. Specific findings on methods by which the department may continue to improve support and assistance for school districts and charter schools in the administration of K-3 reading program plans.

Information and data on K-3 reading program plans throughout this state and the expenditure of K-3 reading monies by school districts and charter schools.

5. Information on the progress towards reading at grade level of students who were promoted in the previous year due to a good cause exemption, including strategies used to support these students and the progress they have made towards grade-level reading.

a. Example Strategies:

i. Placement with a highly-effective teacher, as determined by teacher evaluations;

ii. Use of a valid literacy assessment to determine specific areas of struggle with reading;

iii. High-dose tutoring targeted to the specific areas of struggle, including;

(1) Continued development of phonological awareness skills;

(2) Continued development of decoding skills;

(3) Continued development of fluency skills;

iv. Use of a valid literacy assessment for regular progress monitoring;

v. Regular communication with the parents/guardians of students receiving supports to detail the reports received at school and specific strategies that parents can use to support students in the home.

b. Data reported pursuant to A.R.S. § section 15-701(A)(2)(d).

c. Beginning with school year 2025/2026, the Arizona Department of Education shall disaggregate and report the data submitted by local education agencies by subgroup by grade level for each of the three data submission windows.

6. Student counts of subgroups that are less than 11 are to be redacted for reporting purposes.

a. Subgroups:

i. All,

ii. English Learners,

iii. American Indian or Alaska Native,

iv. Asian,

v. African American/Black,

vi. Hispanic or Latino,

vii. Multiple Races,

viii. Native Hawaiian or Pacific Islander,

ix. White,

x. Income Eligibility 1 and 2,

xi. Students with Disabilities;

b. Subgroups:

i. Autism,

ii. Developmental delay,

iii. Emotional disability,

iv. Hearing impairment,

v. Other health impairment,

vi. Specific learning disability,

vii. Mild, moderate, or severe intellectual disability,

viii. Multiple disabilities,

ix. Multiple disabilities with severe sensory impairment,

x. Orthopedic impairment,

xi. Preschool severe delay,

xii. Speech/language impairment,

xiii. Traumatic brain injury,

xiv. Visual impairment.

History

• New Section made by exempt rulemaking at 23 A.A.R. 1637, effective 5/22/2017. The hyphen between "K-3" and the numeral "3" have been corrected to the words "through three" for consistency in Chapter style and format (Supp. 21-2). Amended by final exempt rulemaking at 29 A.A.R. 2532, effective 9/25/2023.

Ariz. Admin. Code § R7-2-319 State Seal of Personal Finance Proficiency

A. School districts and charter schools may participate in the State Seal of Personal Finance Proficiency Program (Program), which recognizes students who have attained a high level of proficiency in personal finance. School districts and charter schools participating in the Program may award the State Seal of Personal Finance Proficiency to any high school student who graduates from a school operated by the school district or charter school and who meets the requirements of the Program outlined in subsections (1) and (2) of this subsection. To be eligible to be awarded the State Seal of Personal Finance Proficiency, each student shall do each of the following:

1. Complete all Social Studies requirements for graduation with GPA of 3.0 or higher on a 4.0 scale, or the equivalent; and

2. Complete all of the following activities:

a. Passage of an assessment. The student shall attain the required score on one personal finance assessment as adopted by the State Board of Education, defined by the Arizona Department of Education, for purposes of demonstrating personal finance proficiency;

b. Completion of an approved Personal Finance Program. The student shall complete one of the personal finance programs as adopted by the State Board of Education, defined by the Arizona Department of Education, for purposes of demonstrating personal finance proficiency;

c. Participation in a curricular or extracurricular program. The student shall complete one personal finance curricular or extracurricular program as adopted by the State Board of Education, defined by the Arizona Department of Education, for purposes of demonstrating personal finance proficiency; and

d. Demonstrated college and/or career readiness plan. The student shall complete one college and career readiness plan as adopted by the State Board of Education, defined by the Arizona Department of Education, for purposes of demonstrating personal finance proficiency.

B. By October 1 of each year, the Arizona Department of Education shall make an electronic facsimile of the State Seal of Personal Finance Proficiency available to each school district or charter school participating in the Program. Each participating school district or charter school shall identify each student who has met the requirements of the Program, affix the State Seal of Personal Finance Proficiency to the student's diploma upon graduation, and shall note the receipt of the State Seal of Personal Finance Proficiency on the transcript of the student.

C. The Arizona Department of Education shall post on its website by July 1 of each year:

The list of acceptable personal finance assessments and the score to be achieved on each, as approved by the Board, which meet the requirements of R7-2-319(A)(2)(a) ;

2. The list of acceptable personal finance programs, as approved by the Board, which meet the requirements of R7-2-319(A)(2)(b) ;

3. The list of acceptable personal finance curricular or extracurricular programs, as approved by the Board, which meet the requirements of R7-2-319(A)(2)(c) ; and

4. The list of acceptable college and/or career readiness plans, as approved by the Board, which meet the requirements of R7-2-319(A)(2)(d).

D. Each school district and charter school that participates in the Program shall meet the following requirements:

1. Notify the Arizona Department of Education of its intent to participate in the Program at least 30 days prior to issuing the seal by filling out the form provided on the Arizona Department of Education's website;

2. Designate at least one individual to serve as coordinator of the Program and provide that individual's name and contact information to the Arizona Department of Education;

3. Using a format prescribed by the Arizona Department of Education, submit a report no later than 90 days after the end of the school year with the total number of students awarded the State Seal of Personal Finance Proficiency; and

4. Make available to parents and students information regarding the Program and the name and contact information for the coordinator of the Program.

E. The Arizona Department of Education shall establish guidelines and procedures to assist school districts and charter schools in the administration of the Program.

History

• New Section made by final exempt rulemaking at 25 A.A.R. 962, effective 3/25/2019.

Ariz. Admin. Code § R7-2-320 State Seal of Civics Literacy

A. School districts and charter schools may participate in the State Seal of Civics Literacy Program (Program), which recognizes students who have attained a high level of proficiency in Civics. School districts and charter schools participating in the Program may award the State Seal of Civics Literacy to any high school student who graduates from a school operated by the school district or charter school and who meets the requirements of the Program outlined in subsections (A)(1), (2) and (3) of this subsection. To be eligible, each student shall do all of the following:

1. Complete all Social Studies requirements for graduation with GPA of 3.0 or higher on a 4.0 scale, or the equivalent;

2. Pass the Civics test prescribed in R7-2-302 ; and

3. Complete all of the following activities:

a. Civic Learning Programs. The student shall complete the required number of civic learning programs for purposes of demonstrating civic literacy.

i. Students graduating in school year 2019-2020 shall complete at least two approved civic learning programs.

ii. Students graduating in school year 2020-2021 and thereafter shall complete at least three approved civic learning programs.

b. Civic Engagement Activities. The student shall complete the required number of civic engagement activities as for purposes of demonstrating civic literacy.

i. Students graduating in school year 2019-2020 shall complete at least one approved civic engagement activity.

ii. Students graduating in school year 2020-2021 and thereafter shall complete at least two approved civic engagement activities.

iii. Students graduating in school year 2024-25 and thereafter shall complete at least 30 hours engaged in civic engagement activities.

(1) At least 10 hours shall be satisfied through approved civic engagement activities.

(2) Remaining hours may be satisfied through community service if the students are focused on solving a public problem. Community service hours shall be satisfied through unpaid work with a public agency or charitable organization that services the public good.

c. Service Learning and/or Community Service for a public agency or charitable organization that serves the public good. The student shall complete the required number of hours engaged in Service Learning and/or Community Service for a public agency or charitable organization that serves the public good for purposes of demonstrating civic literacy proficiency.

i. Students graduating in school year 2019-2020 shall complete at least 30 hours engaged in Service Learning and/or Community Service for a public agency or charitable organization that serves the public good.

ii. Students graduating in school year 2020-2021 shall complete at least 45 hours engaged in Service Learning and/or Community Service for a public agency or charitable organization that serves the public good.

iii. Students graduating in school year 2021-2022 shall complete at least 60 hours engaged in Service Learning and/or Community Service for a public agency or charitable organization that serves the public good.

iv. Students graduating in school year 2022-2023 and thereafter shall complete at least 75 hours engaged in Service Learning and/or Community Service for a public agency or charitable organization that serves the public good.

d.c. Written Reflection. The student shall complete a writing assignment as adopted by the State Board of Education for purposes of demonstrating civic literacy proficiency.

B. By October 1 of each year, the Arizona Department of Education shall make an electronic facsimile of the State Seal of Civics Literacy available to each school district or charter school participating in the Program. Each participating school district or charter school shall identify each student who has met the requirements of the Program, affix the State Seal of Civics Literacy to the student's diploma upon graduation, and shall note the receipt of the State Seal of Civics Literacy on the transcript of the student.

C. The Arizona Department of Education shall post on its website by July 1 of each year:

1. The list of acceptable civic learning programs, as approved by the Board, which meet the requirements of R7-2-320(A)(3)(a) ; 2.

2. The list of acceptable civic engagement activities, as approved by the Board, which meet the requirements of R7-2-320(A)(3)(b) ;

3. The defined number of hours of community service for a public agency or charitable organization that serves the public good, as approved by the Board, which meet the requirements of R7-2-320(A)(3)(b) ; and

4. The list of written assignments, as approved by the Board, which meet the requirements of R7-2-320(A)(3)(c).

D. Each school district and charter school that chooses to participate in the Program shall meet the following requirements:

1. Notify the Arizona Department of Education of its intent to participate in the Program at least 30 days prior to issuing the seal by filling out the form provided on the Arizona Department of Education's website;

2. Designate at least one individual to serve as coordinator of the Program and provide that individual's name and contact information to the Arizona Department of Education;

3. Using a format prescribed by the Arizona Department of Education, submit a report no later than 90 days after the end of the school year with the total number of students awarded the State Seal of Civics Literacy; and

4. Make available to parents and students information regarding the Program and the name and contact information for the coordinator of the Program.

E. The Arizona Department of Education shall establish guidelines and procedures to assist school districts and charter schools in the administration of the Program.

History

• New Section made by final exempt rulemaking at 25 A.A.R. 962, effective 3/25/2019. Amended by final exempt rulemaking at 30 A.A.R. 2547, effective 7/24/2024.

Ariz. Admin. Code § R7-2-321 State Seal of Arts Proficiency

A. School districts and charter schools in this state may choose to participate in the State Seal of Arts Proficiency Program, which recognizes students who have attained a high level of proficiency in the Arts. School districts and charter schools participating in the Program may award the State Seal of Arts Proficiency to any high school student who graduates from a school operated by the school district or charter school and who meets the requirements of the Program outlined in subsections (1) and (2). To be eligible, a student shall do both of the following:

1. Complete all qualifying Arts and Career and Technical Education (CTE) courses with GPA of 3.0 or better on a 4.0 scale, or the equivalent.

2. Complete the required activities from each of the following 3 categories:

a. Minimum Credit Requirements. The student shall complete one of the following credit pathways of Arts and CTE classes as follows:

i. A minimum of 4 credits in one artistic discipline; or

ii. 3 credits in one artistic discipline, and 1 qualifying creative industries CTE credit or separate artistic discipline; or

iii. 2 credits in one artistic discipline, and 2 credits in a qualifying creative industries CTE credits or separate artistic discipline.

b. Arts related extracurricular activities. The student shall complete the required number of hours engaged in arts related extracurricular activity for purposes of demonstrating arts proficiency as follows:

i. Students graduating in school year 2019-2020 must complete at least 30 hours engaged in arts related extracurricular activities as identified by the school district or charter school.

ii. Students graduating in school year 2020-2021 must complete at least 45 hours engaged in arts related extracurricular activities as identified by the school district or charter school.

iii. Students graduating in school year 2021-2022 must complete at least 60 hours engaged in arts related extracurricular activities as identified by the school district or charter school.

iv. Students graduating in school year 2022-2023 and beyond must complete at least 80 hours engaged in arts related extracurricular activities as identified by the school district or charter school.

c. Student Capstone Project. The student shall complete a Capstone Project, as defined by the Arizona Department of Education, for purposes of demonstrating arts proficiency.

B. By October 1 of each year, the Arizona Department of Education shall make the State Seal of Arts Proficiency available to each school district or charter school participating in the Program. Each participating school district or charter school shall identify each student who has met the requirements of the Program, affix the State Seal of Arts Proficiency to the student's diploma upon graduation, and shall note the receipt of the State Seal of Arts Proficiency on the transcript of the student.

C. The Arizona Department of Education shall post on its website by July 1 of each year:

1. A list of arts and CTE classes which meet the requirements of R7-2-321(A)(2)(a) ;

2. A list of extracurricular arts activities which meet the requirements of R7-2-321(A)(2)(b) ;

3. A list of student capstone examples which meet the requirements of R7-2-321(A)(2)(c).

D. Each school district and charter school that chooses to participate in the Program shall meet the following requirements:

1. Notify the Arizona Department of Education of its intent to participate in the Program by September 15th by filling out the form provided on the Arizona Department of Education's website.

2. Designate at least one individual to serve as coordinator of the Program and provide that individual's name and contact information to the Arizona Department of Education.

3. Using a format prescribed by the Arizona Department of Education, submit a list of qualifying students who have met graduation and Arts Seal pathway requirements to the Arizona Department of Education by April 15 of each year.

4. Make information available to parents and students regarding the Program and the name and contact information for the coordinator of the Program.

E. The Arizona Department of Education shall establish guidelines and procedures to assist school districts and charter schools in the administration of the Program.

History

• Adopted by final exempt rulemaking at 25 A.A.R. 3399, effective 10/28/2019.

Article 4 SPECIAL EDUCATION

Ariz. Admin. Code § R7-2-401 Special Education Standards for Public Agencies Providing Educational Services

A. For the purposes of this Article, the Individuals with Disabilities Education Improvement Act (IDEA), 20 U.S.C. 1400 et seq. and its implementing regulations, 34 CFR 300.1 et seq., are incorporated herein by reference. Copies of the incorporated material can be obtained from the U.S. Government Printing Office, https://book-store.gpo.gov/catalog/law-regulations or the Arizona Department of Education, Exceptional Student Services, 1535 West Jefferson Street, Phoenix, Arizona 85007.

B. Definitions. All terms defined in the IDEA, its implementing regulations and A.R.S. § 15-761 are applicable, with the following additions:

"Accommodations" means the provisions made to allow a student to access the general education curriculum and demonstrate learning. Accommodations do not substantially change the instructional level, content or performance criteria, but are made in order to provide a student equal access to learning and equal opportunity to demonstrate what is known. Accommodations shall not alter the content of the curriculum or a test, or provide inappropriate assistance to the student within the context of the test.

2. "Adaptations" means changes made to the environment, curriculum, and instruction or assessment practices in order for a student to be a successful learner. Adaptations include accommodations and modifications. Adaptations are based on an individual student's strengths and needs.

3. 2. "Administrator" means the chief administrative official or designee authorized to act on behalf of a public education agency.

4. "Audiologist" means a person who specializes in the identification and prevention of hearing problems and in the non-medical rehabilitation of those who have hearing impairments, and who is licensed to practice audiology according to A.R.S. Title 36, Chapter 17, Article 4.

5. 3. "Boundaries of responsibility" means for:

a. A school district, the geographical area within its legally designated boundaries.

b. A charter school, the population of students enrolled in the charter school.

c. A public education agency other than a school district or charter school, the population of students receiving educational services from a public education agency.

6. "Certificate in speech and language therapy" means a speech-language pathologist or speech-language technician certificate awarded by the State Board of Education.

7. "Certified school psychologist" means a person holding a certificate from the Arizona State Board of Education issued pursuant to 7 A.A.C. 2, Article 6, in the area of school psychology.

8. "Certified speech-language therapist" means a person holding a speech-language pathologist or speech-language technician certificate from the Arizona State Board of Education issued pursuant to 7 A.A.C. 2, Article 6, and a license from the Arizona Department of Health Services as a speech-language pathologist in accordance with A.R.S. Title 36, Chapter 17, Article 4.

7. 4. "Child with a disability," has the same meaning prescribed in A.R.S. § 15-761.

9. 5. "Department" means the Arizona Department of Education.

10. "Doctor of medicine" means a person holding a license to practice medicine pursuant to A.R.S. Title 32, Chapter 13 (medical doctor) or Chapter 17 (doctor of osteopathy).

11. 6. "Exceptional Student Services " means the Exceptional Student Services Division of the Arizona Department of Education.

12. 7. "Evaluator" means a person trained and knowledgeable in a field relevant to the child's disability who administers specific and individualized assessment for the purpose of special education evaluation and placement.

13. 8. "Full and individual evaluation" means procedures used in accordance with the IDEA to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. This evaluation includes:

a. A review of existing information about the child;

b. A decision regarding the need for additional information;

c. If necessary, the collection of additional information; and

d. A review of all information about the child and a determination of eligibility for special education services and needs of the child.

14. 9. "Independent educational evaluation" means an evaluation conducted by an evaluator who is not employed by the public education agency responsible for the education of the child in question.

10. "Informed written consent" means a person has been fully informed of all information relevant to the activity for which consent is sought, in the person's native language or through another mode of communication; the person understands and agrees in writing to the carrying out of the activity for which consent is sought; and the person understands that the granting of consent is voluntary and may be revoked at any time.

15. 11. "Interpreter" means a person trained to translate orally or in sign language in matters pertaining to special education identification, evaluation, placement, the provision of free appropriate public education (FAPE), or assurance of procedural safeguards for parents and students who converse in a language other than spoken English. Each student's IEP team determines the level of interpreter skill necessary for the provision of FAPE.

16. "Language in which the student is proficient" means all languages including sign language systems.

17. "Licensed psychologist" means a person holding a license from the state of Arizona Board of Psychologist examiners in accordance with A.R.S. Title 32, Chapter 19.1, Article 2.

12. "Multidisciplinary Evaluation Team" has the same meaning prescribed in A.R.S. § 15-761.

18. 13. "Modifications" means substantial changes in what a student is expected to learn and to demonstrate. Changes may be made in the instructional level, the content or the performance criteria. Such changes are made to provide a student with meaningful and productive learning experiences, environments, and assessments based on individual needs and abilities.

19. "Paraeducator" means a person employed to assist with the education of students but who is not certified to teach by the Arizona Department of Education. Alternate terms may include paraprofessional, teacher aide, instructional assistant or other similar titles.

20. 14. "Private school" means any nonpublic educational institution where academic instruction is provided, including nonsectarian and parochial schools, that are not under the jurisdiction of the state or a public education agency.

21. 15. "Private special education school" means a nonpublic educational institution where instruction is provided primarily to students with disabilities. The school may also serve students without disabilities.

22. "Psychiatrist" means a doctor of medicine who specializes in the study, diagnosis, treatment and prevention of mental disorders.

23. 16. "Public education agency" or "PEA" means a school district, charter school, accommodation school, state supported institution, or other political subdivision of the state that is responsible for providing education to children with disabilities.

17. "Qualified professionals" means individuals who have met state approved or recognized degree, certification, licensure, registration or other requirements that apply in the areas in which the individuals are providing services such as screening, identification, evaluation, general education, special education or related services, including supplemental aids and services.

24. "Screening" means an informal or formal process of determining the status of a child with respect to appropriate developmental and academic norms. Screening may include observations, family interviews, review of medical, developmental, or education records, or the administration of specific instruments identified by the test publisher as appropriate for use as screening tools.

18. "Specially designed instruction" has the same meaning prescribed in A.R.S. § 15-761.

25. 19. "Special education teacher" means a teacher holding a special education certificate from the Arizona Department of Education.

26. 20. "Suspension" means a disciplinary removal from a child's current placement that results in a failure to provide services to the extent necessary to enable the child to progress appropriately in the general curriculum and advance toward achieving the goals set out in the child's IEP. The term does not include disciplinary actions or changes in placement through the IEP process if the child continues to receive the services described above. The term does include actions such as "in school" and "going home for the rest of the day" removals if the child does not receive the services described above has the same meaning prescribed in A.R.S. § 15-840.

C. Public Awareness.

1. Each public education agency shall inform the general public and all parents, within the public education agency's boundaries of responsibility, of the availability of special education services for students aged 3 through 21 years and how to access those services. This includes information regarding early intervention services for children aged birth through 2 years.

2. Each public education agency is responsible for public awareness within their enrolled population (including the families of enrolled students).

3. 2. School districts are responsible for public awareness in private schools located within their boundaries of responsibility.

D. Child Identification and Referral.

1. Each public education agency shall establish, implement, and make available, either in writing or electronically, to its school-based personnel and all parents, within the public education agency boundaries of responsibility, written procedures for the identification and referral of all children with disabilities, aged birth through 21, including children with disabilities attending private schools and home schools, regardless of the severity of their disability.

2. Each public education agency shall require appropriate school-based personnel to review the written procedures related to child identification and referral on an annual basis. The public education agency shall maintain documentation of school-based personnel review.

3. Procedures for child identification and referral shall meet the requirements of the IDEA and regulations, A.R.S. Title 15, Chapter 7, Article 4 and these rules.

4. The public education agency responsible for child identification activities is the school district in which the parents reside unless:

a. The student is enrolled in a charter school or public education agency that is not a school district. In that event, the charter school or public education agency is responsible for child identification activities;

b. The student is enrolled in a non-profit private school. In that event, the school district within whose boundaries the private school is located is responsible for child identification activities.

5. Identification (screening for possible disabilities) shall be completed within 45 calendar days after:

a. Entry of each preschool or kindergarten student and any student enrolling without appropriate records of screening, evaluation, and progress in school; or

b. Notification to the public education agency by parents of concerns regarding developmental or educational progress by their child aged 3 years through 21 years.

6. Screening procedures shall include vision and hearing status and consideration of the following areas: cognitive or academic, communication, motor, social or behavioral, and adaptive development. Screening does not include detailed individualized comprehensive evaluation procedures.

7. For a student transferring into a school; the public education agency shall review enrollment data and educational performance in the prior school. If there is a history of special education for a student not currently eligible for special education, or poor progress, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services.

8. If a concern about a student is identified through screening procedures or through review of records, the public education agency shall notify the parents of the student of the concern within 10 school days and inform them of the public education agency procedures to follow-up on the student's needs.

9. Each public education agency shall maintain documentation of the identification procedures utilized, the dates of entry into school or notification by parents made pursuant to subsection (D)(5), and the dates of screening. The results shall be maintained in the student's permanent records in a location designated by the administrator. In the case of a student not enrolled, the results shall be maintained in a location designated by the administrator.

10. If the identification process indicates a possible disability, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. A parent or a student may request an evaluation of the student. For parentally-placed private school students the school district within whose boundaries the nonprofit private school is located is responsible for such evaluation.

11. If, after consultation with the parent, the responsible public education agency determines that a full and individual evaluation is not warranted, the public education agency shall provide prior written notice and procedural safeguards notice to the parent in a timely manner.

E. Evaluation/re-evaluation.

1. Each public education agency shall establish, implement, and make available to school-based personnel and parents within its boundaries of responsibility written procedures for the initial full and individual evaluation of students suspected of having a disability, and for the re-evaluation of students previously identified as being eligible for special education.

2. Procedures for the initial full and individual evaluation of children suspected of having a disability and for the re-evaluation of students with disabilities shall meet the requirements of IDEA and its regulations, state statutes and State Board of Education rules.

3. The initial evaluation of a child being considered for special education, or the re-evaluation per a parental request of a student already receiving special education services, shall be conducted within 60 calendar days from the public education agency's receipt of the parent's informed written consent and shall conclude with the date of the Multidisciplinary Evaluation Team (MET) determination of eligibility.

4. If the parent requests the evaluation the PEA must, within a reasonable amount of time not to exceed 15 school days from the date it receives a parent's written request for an evaluation, either begin the evaluation by reviewing existing data, or provide prior written notice refusing to conduct the requested evaluation. The 60-day evaluation period shall commence upon the PEA's receipt of the parent's informed written consent.

4. 5. The 60-day evaluation period may be extended for an additional 30 days, provided it is in the best interest of the child, and the parent and PEA agree in writing to such an extension. Neither the 60-day evaluation period nor any extension shall cause a re-evaluation to exceed the time-lines for a re-evaluation within three years of the previous evaluation.

5. 6. The public education agency may accept current information about the student from another state, public agency, public education agency, or through an independent educational evaluation. In such instances, the Multidisciplinary Evaluation Team shall be responsible for reviewing and approving or supplementing an evaluation to meet the requirements identified in subsections (E)(1) through (7).

6. 7. For the following disabilities, the full and individual initial evaluation shall include:

a. Emotional disability: verification of a disorder by a qualified professional.

b. Hearing impairment:

i. An audiological evaluation by a qualified professional, and

ii. An evaluation of communication/language proficiency.

c. Other health impairment: verification of a health impairment by a qualified professional.

d. Specific learning disability: a determination of whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development that meets the public education agency criteria through one of the following methods:

i. A discrepancy between achievement and ability;

ii. The child's response to scientific, research-based interventions; or

iii. Other alternative research-based procedures.

e. Orthopedic impairment: verification of the physical disability by a qualified professional.

f. Speech/language impairment: an evaluation by a qualified professional.

g. For students whose speech impairments appear to be limited to articulation, voice, or fluency problems, the written evaluation may be limited to:

i. An audiometric screening within the past calendar year,

ii. A review of academic history and classroom functioning,

iii. An assessment of the speech problem by a speech therapist, or

iv. An assessment of the student's functional communication skills.

h. Traumatic brain injury: verification of the injury by a qualified professional.

i. Visual impairment: verification of a visual impairment by a qualified professional.

8. The Department shall develop a list, subject to review and approval of the State Board of Education, of qualified professionals eligible to conduct the appropriate evaluations prescribed in subsection (E)(7).

7. 9. The Multidisciplinary Evaluation Team shall determine, in accordance with the IDEA and regulations, whether the requirements of subsections (E)(7)(a) through (i) are required for a student's re-evaluation.

F. Parental Consent.

1. A public education agency shall obtain informed written consent from the parent of the child with a disability before the initial provision of special education and related services to the child.

2. If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public education agency may not use mediation or due process procedures in order to obtain agreement or a ruling that the services may be provided to the child.

3. If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the public education agency:

a. Will not be considered to be in violation of the requirement to make available FAPE to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent, and

b. Is not required to convene an IEP Team meeting or develop an IEP in accordance with these rules.

4. If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public education agency:

a. May not continue to provide special education and related services to the child, but shall provide prior written notice before ceasing the provision of special education and related services;

b. May not use the mediation procedures or the due process procedures in order to obtain agreement or a ruling that the services may be provided to the child;

c. Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and

d. Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services.

5. If a parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

G. Individualized Education Program (IEP).

1. Each public education agency shall establish, implement, and make available to its school-based personnel and parents written procedures for the development, implementation, review, and revision of IEPs.

2. Procedures for IEPs shall meet the requirements of the IDEA and its regulations, state statutes and State Board of Education rules.

3. Procedures shall include the incorporation of Arizona academic standards as adopted by the State Board of Education into the development of each IEP and address grade-level expectations and grade-level content instruction.

Each IEP of a student with a disability shall be developed in accordance with IDEA and its regulations, state statutes and State Board of Education rules. If appropriate to meet the needs of a student and to ensure access to the general curriculum, an IEP team may include specially designed instruction in the IEP that may be delivered in a variety of educational settings by a general education teacher or other certificated personnel provided that certificated special education personnel are involved in the planning, progress monitoring and when appropriate, the delivery of the specially designed instruction.

5. Each student with a disability who has an IEP shall participate in the state assessment system. Students with disabilities can test with or without accommodations or modifications as indicated in the student's IEP. Students who are determined to have a significant cognitive disability based on the established eligibility criteria will be assessed with the state's alternate assessment as determined by the IEP team.

6. A meeting of the IEP team shall be conducted to review and revise each student's IEP at least annually, or more frequently if the student's progress substantially deviates from what was anticipated. The public education agency shall provide written notice of the meeting to the parents of the student to ensure that parents have the opportunity to participate in the meeting. After the annual review, the public education agency and parent may agree not to convene an IEP team meeting for the purposes of making changes, and instead may develop a written document to amend or modify the student's current IEP.

7. A parent or public education agency may request in writing a review of the IEP, and shall identify the basis for requesting review. Such review shall take place within 45 school days of the receipt of the request at a mutually agreed upon date and time.

H. Least Restrictive Environment.

1. Each public education agency shall establish, implement, and make available to its school-based personnel and parents, written procedures to ensure the delivery of special education services in the least restrictive environment as identified by IDEA and its regulations, state statutes and State Board of Education rules.

2. A continuum of services and supports for students with disabilities shall be available through each public education agency.

I. Procedural Safeguards.

1. Each public education agency shall establish, implement, and make available to school-based personnel and parents of students with disabilities written procedures to ensure children with disabilities and their parents are afforded the procedural safeguards required by federal statute and regulation and state statute. These procedures shall include dissemination to parents information about the public education agency's and state's dispute resolution options.

2. In accordance with the requirements of IDEA, prior written notice shall be provided to the parents of a child within a reasonable time after the PEA proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, educational placement or the provision of FAPE to the child, but before the decision is implemented.

J. Confidentiality.

1. Each public education agency shall establish, implement, and make available to its personnel and parents written policies and procedures to ensure the confidentiality of records and information in accordance with the IDEA and its regulations, the Family Educational Rights and Privacy Act (FERPA) and its regulations, and state statutes.

2. Parents shall be fully informed about the requirements of the IDEA and regulations, including an annual notice of the policies and procedures that the PEA shall follow regarding storage, disclosure to a third party, retention, and destruction of personally identifiable information.

3. The rights of parents regarding education records are transferred to the student at age 18, unless the student has been adjudicated incapacitated, or the student has executed a delegation of rights to make educational decisions pursuant to A.R.S. § 15-773.

4. Upon receiving a written request, each public education agency shall forward special education records to any other public education agency in which a student has enrolled or is seeking to enroll. Records shall be forwarded within the time-frame specified in A.R.S. § 15-828(F). The public education agency shall also forward records to any other person or agency for which the parents have given signed consent.

K. Preschool Programs. Each public education agency responsible for serving preschool children with disabilities shall establish, implement, and make available to its personnel and parents, written procedures for:

1. The operation of the preschool program, in accordance with federal statute and regulation, and state statute, that provides a continuum of placements to students;

2. The smooth and effective transition from the Arizona Early Intervention Program to a public school preschool program in accordance with the agreement between the Department of Economic Security and the Department; and

3. The provision of a minimum of 360 minutes per week of instruction in a program that meets at least 216 hours over the minimum number of days.

L. Children in Private Schools. Each education agency shall establish, implement, and make available to its personnel and parents written procedures regarding the access to special education services to students enrolled in private schools by their parents as identified by the IDEA and its regulations, state statutes and State Board of Education rules.

M. Department Responsible for General Supervision and Obligations Related to and Methods of Ensuring Services.

1. The Department is responsible for the general supervision of services to children with disabilities aged 3 through 21 served through a public education agency.

2. The Department shall ensure through fund allocation, monitoring, dispute resolution, and technical assistance that all eligible students receive FAPE in conformance with the IDEA and its regulations, A.R.S. Title 15, Chapter 7, Article 4, and these rules.

3. In exercising its general supervision responsibilities, the Department shall ensure that when it identifies noncompliance with the requirements of the IDEA Part B, the noncompliance is corrected as soon as possible, and in no case later than one year after the Department's written notification to the PEA of its identification of the noncompliance.

N. Procedural Requirements Relating to Public Education Agency Eligibility.

1. Each public education agency shall establish eligibility for funding with the Department in accordance with the IDEA and its regulations, state statutes and with schedules and methods prescribed by the Department.

2. In the event the Department determines that a public education agency does not meet eligibility for funding requirements, the public education agency has a right to a hearing before such funding is withheld.

3. The Department may suspend payments during any time period when a public education agency has not corrected deficiencies in eligibility for federal funds as a result of fiscal requirements of monitoring, auditing, complaint and due process findings.

4. Each public education agency shall, on an annual basis, determine the number of children within each disability category who have been identified, located, evaluated, and/or receiving special education services. This includes children residing within the boundaries of responsibility of the public education agency who have been placed by their parents in private schools or who are home schooled.

O. Public Participation.

1. Each public education agency shall establish, implement, and make available to personnel and parents written procedures to ensure that, prior to the adoption of any policies and procedures needed to comply with federal and state statutes and regulations, there are:

a. Public hearings;

b. Notice of the hearings; and

c. An opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities.

2. This requirement does not pertain to day-to-day operating procedures.

P. Suspension and Expulsion.

1. Each public education agency shall establish, implement, and make available to personnel and parents written procedures for the suspension and expulsion of students with disabilities.

2. Each public education agency shall require all school-based staff involved in the disciplinary process to review the policies and procedures related to suspension and expulsion on an annual basis. The public education agency shall maintain documentation of staff review.

3. Procedures for such suspensions and expulsions shall meet the requirements of the IDEA and its regulations, and state statutes.

History

• Amended effective December 11, 1974. Amended effective July 14, 1975 (Supp. 75-1). Amended effective July 1, 1977 (Supp. 77-4). Amended effective April 26, 1978 (Supp. 78-2). Former Section R7-2-401 repealed, new Section R7-2-401 adopted effective December 4, 1978 (Supp. 78-6). Amended by adding subsection (H) as an emergency effective July 20, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Amended (D)(11), (E)(5)(b) and added (H) effective December 14, 1984 (Supp. 84-6). Amended as an emergency effective June 18, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-3). Emergency expired. Amended subsection (D) by adding subsection (12) effective March 13, 1986 (Supp. 86-2). Amended subsection (G) effective July 8, 1986 (Supp. 86-4). Amended subsections (D) and (H) and added subsection (I) effective June 22, 1987 (Supp. 87-2). Amended effective August 2, 1988 (Supp. 88-3). Amended effective December 6, 1995 (Supp. 95-4). Amended by final rulemaking at 7 A.A.R. 1541, effective March 19, 2001 (Supp. 01-1). Amended to correct a manifest typographical error in subsection (D)(1) (Supp. 01-3). Subsections (D)(9), (E)(4), and (E)(6) amended under A.R.S. § 41-1011 to correct subsection cross-references (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4). Amended by exempt rulemaking at 15 A.A.R. 1838, effective August 29, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1849, effective May 19, 2008 (Supp. 09-2). Amended by exempt rulemaking at 16 A.A.R. 201, effective December 7, 2009 (Supp. 10-1). Amended by exempt rulemaking at 24 A.A.R. 140, effective 10/23/2017.

Ariz. Admin. Code § R7-2-402 Standards for Approval of Special Education Programs in Private Schools

A. Definitions. All terms defined in the regulations for the Individuals with Disabilities Education Improvement Act (IDEA) Amendments, A.R.S. § 15-761, and State Board of Education rule R7-2-401 are applicable.

B. No student may be placed by a public education agency in a private school special education school program unless the facility has been approved as meeting the standards as outlined in this rule, and the public education agency is unable to provide satisfactory education and services through its own facilities and personnel.

C. In order for a private special education school to be approved by the Department for the purpose of contracting with a public education agency, the private facility shall:

1. Provide special education instructional programs for students with disabilities that are at least comparable to those provided by the public schools of Arizona and meet the requirements of IDEA.

2. Provide the following documentation:

a. Policies and procedures based on IDEA and state statues;

b. Curriculum that is aligned with the Arizona Academic Standards;

c. A completed application;

d. Copies of all teacher and related service personnel certifications and licenses; and

e. If applicable, a copy of North Central Accreditation.

Provide certificated special education teachers in each classroom to implement the IEPs of those students assigned to that classroom.

4. Provide related services to meet the needs of the students as indicated on their IEPs.

5. Provide administration personnel such as head teacher, principal, or other administrator certificated in an administrative area or experienced and certificated in the appropriate area of special education.

6. Provide an education that meets the standards that apply to education provided by the public education agency.

Maintain student records in accordance with the statutory requirements.

8. Accept all responsibilities concerning instructional programs to the disabled student and parent or guardian that are required of the public schools of Arizona. Ultimate responsibility for any student under contract in a private special education school rests with the public education agency contracting for the students' education.

9. Administer all required statewide assessments to those students placed in the private facility by a PEA or through the educational voucher system.

10. Maintain adequate liability insurance.

11. Maintain an accounting system and budget which includes the costs of operation, maintenance, transportation, and capital outlay, and which is open to review upon request.

12. Maintain an attendance reporting system that provides public education agencies and the Department with required information.

13. Provide notification to contracting public education agencies and the Department of any changes in staff or deletion of programs within 10 school days of the change or deletion.

14. Provide notification to the contracting PEA of any intent to discontinue, suspend, or terminate services to a student for longer than 10 days. Services to the student must be continued by the private school until an IEP meeting with the PEA is convened to determine an appropriate alternative placement. The PEA must be given up to 10 school days to arrange for the transition of the student after the IEP determination.

15. Permit onsite evaluation of the program by the Department or its designees, and the representatives of the public education agencies.

16. Request approval to contract with public education agencies from the Department in accordance with the prescribed procedures.

History

• Former Section R7-2-402 repealed, new Section R7-2-402 adopted effective December 4, 1978 (Supp. 78-6). Amended by final rulemaking at 7 A.A.R. 1541, effective March 19, 2001 (Supp. 01-1). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4). Amended by exempt rulemaking at 15 A.A.R. 1849, effective May 19, 2008 (Supp. 09-2).

Ariz. Admin. Code § R7-2-403 [REPEALED]

History

• Adopted effective December 4, 1978 (Supp. 78-6). Amended as an emergency effective September 26, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former emergency adoption now adopted effective December 4, 1979 (Supp. 79-6). Section repealed by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

Ariz. Admin. Code § R7-2-404 Special Education Voucher Program Policies and Procedures

A. Institutional vouchers. Students residing and attending special education programs at the Arizona Schools for the Deaf and the Blind (ASDB) or the Arizona State Hospital (ASH) or students attending special education day programs provided by ASDB may be eligible for special education institutional voucher funding.

1. Eligibility criteria.

a. Student shall be between the ages of 3 and 22 years.

b. Student shall have a recognized disability as documented by a current educational evaluation. Evaluations shall be completed by the institution or the student's home school district (HSD), as determined by a multidisciplinary evaluation team (MET).

c. Student shall have a current individualized education program (IEP) identifying the placement as the most appropriate and least restrictive educational environment.

2. Institutional voucher application/approval.

a. Applications for special education institutional vouchers shall be completed by the institution and submitted to the Exceptional Student Services Division of the Department of Education. The institution shall provide all student information requested on the institutional voucher application.

b. Institutions shall sign a Statement of Assurance guaranteeing their maintenance of and ability to produce all supporting documentation for each application.

c. Institutional voucher applications shall be reviewed and approved or disapproved by the voucher unit manager. Applications that are disapproved may be corrected and resubmitted. Institutional voucher payments will not be made for student attendance prior to voucher approval date.

d. Voucher identification numbers shall be assigned for each new student approval, and shall be used by the institution to complete claims for payment and the special education census form.

e. Institutional vouchers are approved for the current year only; therefore the application process shall be repeated each school year for each student.

f. Institutions shall report any changes in student status, including withdrawals, transfers, current evaluation dates and changes in disability categories to the Exceptional Student Services Division of the Department of Education. Changes shall be submitted within ten days of the occurrence.

3. Institutional voucher claim for payment.

a. The special education institutional voucher claim for payment form shall be completed by the institution at the end of each calendar month. The claim shall be submitted in accordance with procedures established by the School Finance Division of the Department of Education.

b. Claims for payment shall be submitted to the School Finance Division of the Department of Education.

4. Special education census.

All institutional voucher students shall be reported on the special education census in accordance with procedures established by the School Finance Division of the Department of Education.

5. Review of placement.

a. It is the responsibility of the HSD to review student progress at least once a semester.

b. The IEP may be completed by the institution but is ultimately the responsibility of the student's HSD to ensure that it is reviewed and revised annually.

c. It is the responsibility of the HSD to ensure that re-evaluations are conducted on a tri-annual basis or more frequently as needed.

B. Residential vouchers: Students placed in private residential treatment facilities (PRF) may be eligible for residential voucher funding for the educational portion of the placement.

1. Eligibility Criteria.

a. Students shall be enrolled in and eligible for educational services from a Public Education Agency (PEA).

b. Placement shall be made by one of the State Placing Agencies. They are the Department of Economic Security (DES), the Department of Health Services (DHS), the Administrative Office of the Courts (AOC), or the Department of Juvenile Corrections (ADJC).

c. Residential facilities shall be licensed by the Department of Health Services or Department of Economic Security and approved by the Department of Education for the specific educational needs of each student placed there.

d. The following conditions invalidate eligibility.

i. Placement by any agency other than those noted in subsection (B)(1)(b).

ii. Placement in facilities not appropriately licensed by DHS or DES or approved by the Department of Education.

iii. Student attendance at a PEA while residing in a residential facility.

e. Eligible students are divided into three categories.

i. Non-special education (NSE): Students not eligible for special education services who are placed by a State Placing Agency for their care, safety, or treatment.

ii. Care special education (CSE): Students eligible for special education services who are placed by a State Placing Agency for their care, safety, or treatment.

iii. Residential special education (RSE): Students requiring residential placement to benefit from educational programming who are placed by an IEP team.

2. Voucher application/approval process. The process differs depending on category.

a. NSE and CSE options:

i. When a placement decision is reached, the State Placing Agency (SPA) shall complete a SPA Application for Voucher Funding, and forward a copy to the student's Home School District (HSD) for appropriate signatures within five days of placement.

ii. Upon placement, copies of the completed voucher shall be provided to the PRF and the Exceptional Student Services of the Department of Education (ESS).

iii. Upon receipt and review of the application and verification of facility approval, the SPA application will be approved for the initial 60 days of placement. An approval memo is sent to the PRF and the HSD. The Exceptional Student Services shall assign a student identification number to each approved voucher student. This number shall be used by the private facility when completing the special education census form and the claim for payment form.

iv. The HSD shall submit the HSD Application for Education Voucher Funding packet and submit it to the Exceptional Student Services of the Department of Education. Appropriate documentation of eligibility for special education and provision of services, if applicable, shall be included.

v. The HSD voucher application packet shall be reviewed and approved or disapproved by the voucher unit manager. Applications that are disapproved may be corrected and resubmitted. Approvals are granted from the date of receipt through the end of the school year. An approval memo is sent to the PRF and the HSD.

vi. If the HSD cannot complete the requirements for the HSD application packet within the initial 60-day approval period, they shall submit an Application For Extension Of Education Voucher Funding.

b. RSE option.

The HSD shall follow statutory requirements and procedures agreed upon by the ADE, DHS, and DES when considering placement in a PRF for educational reasons. If a need for such a placement is determined, the HSD shall complete and submit the HSD Application for Education Voucher Funding packet to the ESS. Documentation of the necessity for PRF placement, measurable exit criteria, and a reintegration plan shall be required.

3. Changes in placement/Discharge.

a. If a student is discharged or is absent without leave for more than ten days from the PRF, the facility shall notify the State Placing Agency, Home School District and the Exceptional Student Services Division of the Department of Education in writing within five days.

b. Students returning to a facility after a discharge or students transferred from one facility to another require a new SPA voucher application.

c. Students placed under the RSE option shall not be discharged without the consent of the IEP team.

4. Voucher claim for payment.

a. A special education voucher claim for payment shall be submitted in accordance with procedures established by the School Finance Division of the Department of Education.

b. Claim for payment shall be submitted to the School Finance Division of the Department of Education.

5. Special education census.

A special education census form shall be completed for all voucher students in accordance with procedures established by the School Finance Division of the Department of Education.

6. Review and continuation of placement.

a. The Home School District (HSD) shall regularly monitor the progress of students, ensure the annual review and revision of IEPs, and complete three-year re-evaluations as applicable.

b. Voucher approval is for one school year only. Students remaining in an PRF from the end of one school year to the beginning of the next year require new voucher applications. Prior to the beginning of the new school year, the PRF shall submit an Application for Continuing Voucher funding, signed by both the SPA and the HSD. For a student who is eligible for special education services, a current IEP shall accompany the continuing application if the IEP has been reviewed or revised after the original voucher was approved.

History

• Adopted effective December 4, 1978 (Supp. 78-6). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).
• The following Section was erroneously published in Supp. 04-2 with amendments that were not approved by the Attorney General's Office. It is republished with the text in effect before Supp. 04-2. The correct notice was published at 10 A.A.R. 3274 (Supp. 04-3).

Ariz. Admin. Code § R7-2-405 Special Education Dispute Resolution; Due Process

A. Definitions. The following definitions are applicable to this rule:

1. "Due process hearing" means a fair and impartial administrative hearing conducted by the State Education Agency by an impartial hearing officer through the Arizona Office of Administrative Hearings in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and its implementing regulations ( 34 CFR 300).

"Impartial hearing officer" or "hearing officer" means an Administrative Law Judge ("ALJ") of the Arizona Office of Administrative Hearings ("OAH") and who is knowledgeable in the laws governing special education and administrative hearings.

3. "Public agency" ("PEA") has the same definition as provided in R7-2-401.

4. "State Education Agency" ("SEA") means the Department of Education, Exceptional Student Services Section.

B. The due process procedures specified in this rule apply to all public agencies dealing with the identification, evaluation, special education placement of, and the provision of a free appropriate public education ("FAPE") for children with disabilities.

C. The SEA shall establish procedures concerning:

1. Impartial due process hearings, and

Confidentiality and access to student records.

D. An impartial hearing officer shall be:

1. Unbiased - not prejudiced for or against any party in the hearing;

Disinterested - not having any personal or professional interest that would conflict with objectivity in the hearing;

3. Independent - may not be an officer, employee, or agent of a public agency involved in the education or care of the child or the SEA. A person who otherwise qualifies to conduct a hearing is not an employee of the public agency or the SEA solely because the person is paid by the public agency to serve as a hearing officer;

4. Trained by the SEA as to the state and federal laws pertaining to the identification, evaluation, placement of, and the provision of FAPE for children with disabilities.

E. Hearing officer qualifications and training.

1. All hearing officers shall participate in all required training conducted by the SEA as to the state and federal laws pertaining to the identification, evaluation, educational placement, and the provision of FAPE for children with disabilities.

2. A hearing officer shall meet the requirements set forth by OAH regarding ALJs. A hearing officer shall not have represented a parent in a special education matter during the preceding 12 months, and shall not have represented a school district in any matter during the preceding 12 months.

F. Selection of hearing officers.

1. The SEA shall prepare and maintain a list of individuals who meet the qualifications specified in subsection (E) to serve as hearing officers. This list shall also include the qualifications of each hearing officer.

2. A hearing officer shall be assigned in accordance with the procedures of the Office of Administrative Hearings.

G. Request for due process hearing.

1. The due process complaint must allege a violation that occurred not more than two years before the date the parent or public education agency knew or should have known about the alleged action that forms the basis of the due process complaint.

2. A parent shall submit a written request for a due process hearing to the public education agency and the SEA. The SEA shall provide a model form that a parent may use in requesting a due process hearing. Upon receipt of a written request, there shall be no change in the educational placement of the child except under the applicable provisions of IDEA, unless the PEA and parents agree. If a parent requests a due process hearing, the public education agency shall advise the parents of any free or low-cost legal services available, and provide a copy of the procedural safeguards notice. All correspondence to the parent shall be provided in English and the primary language of the home. If the written request involves an application for initial admission, the child, with the consent of the parent, shall be placed in the public school until the completion of all proceedings.

3. If the public education agency requests a due process hearing, such request may be made on a model form, as noted in subsection (G)(2), and a copy shall be provided to the parent and the SEA. Upon receipt of a written request, there shall be no change in the educational placement of the child except under the applicable provisions of IDEA, unless the PEA and the parents agree. In conjunction with its request for due process hearing, the public education agency shall advise the parents of any free or low-cost legal services available and provide a copy of the procedural safeguards notice. All correspondence to the parent, including the due process request, shall be provided in English and the primary language of the home. If the written request involves an application for initial admission, the child, with the consent of the parent, shall be placed in the public school until the completion of all proceedings.

H. An impartial due process hearing shall be conducted in accordance with the following procedures:

1. The hearing officer shall hold a pre-hearing conference, either telephonically or at a location that is reasonably convenient to the parents and the child involved, to determine if the complaint is a legitimate due process complaint, to ensure that all matters are clearly defined, to establish the proceedings that will be used for the hearing, to determine who will represent and/or advise each party, and to set the time and dates for the hearing.

2. The hearing officer shall conduct the hearing at a location that is reasonably convenient to the parents and the child involved.

3. The hearing officer shall preside at the hearing and shall conduct the proceedings in a fair and impartial manner, and shall ensure that all parties involved have an opportunity to:

a. Present their evidence and confront, cross-examine, and compel the attendance of witnesses;

b. Object to the introduction of any evidence at the hearing that has not been disclosed to all parties at least five business days before the hearing;

c. Produce outside expert witnesses;

d. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.

4. The parent involved in the hearing shall be given the right to:

a. Have the child who is the subject of the hearing present,

b. Have the hearing conducted in public,

c. Have an interpreter provided by the public agency.

5. The hearing officer shall review all relevant facts concerning the identification, evaluation, the educational placement, and the provision of FAPE. This shall include any Independent Education Evaluation secured by the parent.

a. The hearing officer shall determine whether the public agency has met all requirements of federal and state law, rules, and regulations.

b. The hearing officer shall render findings of fact and a decision, which shall be binding on all parties unless appealed pursuant to this rule.

6. The hearing officer's findings of fact and decision shall be in writing and shall be provided to the parent, the public education agency, the SEA, and their respective representatives. The parent may choose to receive an electronic verbatim record of the hearing and electronic findings of fact and decision relative to the hearing in addition to the written findings of fact and decision. The hearing officer's findings of fact and decision shall be delivered by certified mail or by hand within 45 calendar days after notification to the hearing officer that the parties have been unable to resolve the matter in accordance with 20 U.S.C. 1415(f)(1)(B). A hearing officer may grant specific extensions of time beyond the 45 calendar days for good cause shown at the request of either party.

7. The findings of fact and decision of the hearing officer shall be final at the administrative level. The notification of the findings of fact and decision shall contain notice to the parties that they have a right to judicial review.

Any party to the proceeding has the right to appeal a final administrative decision to a court of competent jurisdiction within 35 calendar days after receipt of the decision.

9. The SEA, after deleting any personally identifiable information, shall make such written findings of fact and decision available to the public.

I. Expedited hearing.

1. An expedited hearing regarding disciplinary matters may be requested in accordance with federal law as set forth in 20 U.S.C. 1415(k).

2. Hearing officers for an expedited hearing shall be assigned by the Office of Administrative Hearings.

3. The expedited hearing shall be conducted within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing.

History

• Adopted effective December 4, 1978 (Supp. 78-6). Amended subsection (V) effective May 1, 1987 (Supp. 87-2). Amended effective July 20, 1990 (Supp. 90-3). Emergency amendment adopted effective November 21, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4). Emergency expired. Emergency amendment readopted effective March 21, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-1). Amended effective May 2, 1991 (Supp. 91-2). Amended effective November 17, 1994 (Supp. 94-4). Amended effective December 6, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2). Supp. 04-2 Historical Note entry is in error. R7-2-405 was erroneously included in Supp. 04-2 with amendments that were not approved by the Attorney General's Office. It is republished with the text in effect before Supp. 04-2. The correct notice was published at 10 A.A.R. 3274 (Supp. 04-3). Amended by exempt rulemaking at 15 A.A.R. 1732, effective January 26, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1849, effective May 19, 2008 (Supp. 09-2). Amended by exempt rulemaking at 16 A.A.R. 201, effective December 7, 2009 (Supp. 10-1).

Ariz. Admin. Code § R7-2-405.01 Special Education Dispute Resolution; State Administrative Complaints

A. Notwithstanding any other provision of law, a state administrative complaint filed with the Department regarding any alleged violations of Part B of the federal Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.) or its implementing regulations ( 34 CFR 300) shall be investigated in accordance with the Code of Federal Regulations Title 34.

1. The party filing the complaint shall forward a copy of the state administrative complaint to the public education agency serving the child at the same time the party files the complaint with the Department.

2. A written decision shall be issued to the complainant and the public education agency that is the subject of the state administrative complaint in accordance with the 60-day time limit specified in the Code of Federal Regulations Title 34.

B. The Department shall accept and investigate state administrative complaints that allege a violation that occurred not more than one year prior to the date that the complaint is received by the Department.

C. The state administrative complaint shall include all of the following:

1. A statement that a public education agency has violated a requirement of Part B of the IDEA or its implementing regulations.

The facts on which the statement is based.

3. The signature and contact information for the complainant.

4. If alleging violations with respect to a specific child, all of the following:

a. The name and address of the child.

b. The name of the school the child is attending.

c. In the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act ( 20 U.S.C. 11434 a(2)), available contact information for the child, and the name of the school the child is attending.

d. A description of the nature of the problem of the child, including facts relating to the problem.

e. A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

The Department shall develop a model form to assist parents and public agencies in filing a state administrative complaint under this Section.

History

• New Section made by exempt rulemaking at 16 A.A.R. 201, effective December 7, 2009 (Supp. 10-1).

Ariz. Admin. Code § R7-2-405.02 Special Education Dispute Resolution; Mediation

In accordance with the Individuals with Disabilities Education Act, the Department shall provide parents of students with disabilities and public education agencies the opportunity to resolve disputes involving any matter under IDEA, including matters arising prior to the filing of a request for due process, through a mediation process.

1. The mediation process shall:

a. Be voluntary on the part of both parties,

b. Not be used to deny or delay a parent's right to a due process hearing or any other rights afforded under Part B of the IDEA,

c. Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

The Department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

The Department shall select mediators on a random or rotational basis.

4. The Department shall bear the cost of the mediation process.

5. Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to both the parent and the public education agency.

6. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that:

a. States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings,

b. Is signed by both the parent and a representative of the public education agency who has the authority to bind the agency, and

c. Is enforceable in any state court of competent jurisdiction or in a district court of the United States.

7. Whether or not the dispute is resolved through mediation, discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any federal court or state court.

8. Impartiality of the Mediator. An individual who serves as a mediator:

a. May not be an employee of the Department or of the public education agency that is involved in the education or care of the student.

b. Shall not have a personal or professional interest that conflicts with the person's objectivity.

c. Is not an employee of the Department or of a public education agency solely because the mediator is paid by the Department of Education to serve as a mediator.

History

• New Section made by exempt rulemaking at 16 A.A.R. 201, effective December 7, 2009 (Supp. 10-1).

Ariz. Admin. Code § R7-2-406 Gifted Education Programs and Services

A. Governing boards shall adopt policies for the education of gifted students which shall include:

1. Procedures for identification and placement of students to be placed in gifted programs.

a. Students shall be served who score at or above the 97th percentile on national norms in any one of three areas - verbal, nonverbal, or quantitative reasoning - on any test from the State Board-approved list. Students who score below the 97th percentile also may be served.

b. Local educational agencies (LEAs) shall accept, as valid for placement, scores at or above the 97th percentile on any State Board-approved test submitted by other LEAs or by qualified professionals.

c. LEAs shall place transfer students as soon as they have verified eligibility.

Curriculum, differentiated instruction, and supplemental services for gifted students.

a. Expanded academic course offerings may include, for example, one or more of the following: acceleration, enrichment, flexible pacing, interdisciplinary curriculum, and seminars.

b. Differentiated instruction, which emphasizes the development of higher order thinking, may include critical thinking, creative thinking, and problem solving skills.

c. Supplemental services, which may be offered to meet the individual needs of each gifted student, may include, for example, guidance and counseling, mentorships, independent study, correspondence courses, and concurrent enrollment.

3. Parent involvement.

a. Each LEA shall provide the following information to all parents or legal guardians:

i. Definition of a gifted child;

ii. Services mandated for gifted students by the state of Arizona;

iii. Services available from the LEA:

iv. Written criteria of the LEA for referral, screening, selection and placement.

b. Each LEA shall develop policies and procedures which ensure that parents or legal guardians are:

i. Given the opportunity to have their children tested;

ii. Given advance notice of the week that their children are to be tested;

iii. Given the opportunity to withhold permission for testing;

c. Each LEA shall:

i. Make testing available for students K-12 on a periodic basis but not less than three times per year;

ii. Inform parents or legal guardians of the results of the district-administered test within 30 school days of determining the test results;

iii. Upon request, explain test results to parents or legal guardians.

4. The scope and sequence shall be a written program description which demonstrates articulation across all grades and schools to ensure opportunities for continuous progress and shall include:

a. Statement of purpose;

b. General population description;

c. Identification process and placement criteria including provisions for special populations;

d. Goals and objectives;

e. Curriculum, differentiated instruction, and supplemental services;

f. Program models;

g. Time allocations for services;

h. Procedures and criteria for evaluation of student and program outcomes.

B. The Arizona Department of Education shall develop and make available model policies for the development, implementation, and evaluation of services for gifted students.

History

• Adopted effective December 12, 1990 (Supp. 90-4)

Ariz. Admin. Code § R7-2-407 Special Education Standards and Assistance for Providing Educational Services and Materials for Visually Impaired Students

A. All requirements in this Section are in addition to the general special education standards in R7-2-401 for public education agencies providing special education.

B. For the purposes of this rule, the following definitions apply:

1. "Accessible Electronic File" means, until the effective date of a nationally adopted file format, a digital file in a mutually agreed upon electronic file format that has been prepared using a markup language that maintains the structural integrity of the information and can be processed by Braille conversion software. Upon the effective date of a nationally adopted file format, such as the Instructional Materials Accessibility Standard (IMAS), "Accessible Electronic File" shall mean an electronic file conforming to the specifications of the nationally adopted file format, including future technical revisions and versions of this nationally adopted file format.

2. "Individualized Braille literacy assessment" means the Learning Media Assessment or other standardized or individualized assessments that pertain to the child's reading medium.

3. "Non-printed instructional materials" means non-printed textbooks and related core materials, including those that require the availability of electronic equipment in order to be used as a learning resource, that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or a local educational agency for use by pupils in the classroom. These materials shall be available to the extent technologically available, and may include software programs, CD-ROMs and internet-based materials.

4. "Printed instructional materials" means textbooks and related printed core materials, that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or a local educational agency for use by pupils in the classroom. This may include workbooks, practice tests, and tests.

5. "Publisher" means an individual, firm, partnership or corporation that publishes or manufactures printed instructional materials for students attending public schools in Arizona, including an on-line service, a software developer, or a distributor of an electronic textbook.

"Specialized format" means Braille, audio or digital text which is exclusively for use by blind or other persons with disabilities.

7. "Structural integrity" means the structure of all parts of the printed instructional material will be kept intact to the extent feasible and as mutually agreed upon by the publisher and the local educational agency. This may include appropriate representation of graphic illustrations.

C. Upon determination of a student having a visual impairment as assessed by a full and initial evaluation defined in R7-2-401(E)(6)(i), a visually impaired student who is determined to be blind as defined by A.R.S. § 15-214(B) shall receive an individualized Braille literacy assessment.

D. Individualized Education Programs (IEP) for blind students. In addition to the requirements for establishing and implementing an IEP consistent with R7-2-401(F) for a student determined to have a disability, each IEP for a student determined to be "blind" as assessed by R7-2-401(E)(6)(i) and defined by A.R.S. § 15-214(B), shall presume that proficiency in Braille is essential in achieving academic success unless otherwise determined by the IEP team established consistent with the regulations for the most recent reauthorization of the Individuals with Disabilities Education Act (IDEA) and in the manner provided by the most recent reauthorization of the IDEA Act for developing an IEP. An IEP developed under this Section for a student determined to be blind shall include all required provisions of A.R.S. § 15-214(A)(3), including the following:

1. The results of the individualized Braille literacy assessment.

2. The date on which Braille instruction will begin, the methods to be used and the frequency and duration of the Braille instruction.

3. The level of competency expected to be achieved within specified time-frames and the objective measures to be used for evaluation.

4. The Braille materials and equipment necessary to achieve the stated expected competency gains, including ordering instructional materials to achieve the IEP-stated goals.

5. The rationale for not providing Braille instruction if Braille is not determined to be an appropriate medium by the IEP team and is not included in the IEP.

E. The Arizona Department of Education shall designate a central repository for publishers to, upon request, provide accessible electronic files for instructional materials used by public schools in Arizona as defined in subsection (B)(1). The central repository shall be responsible for maintaining a complete list of available accessible electronic files for instructional materials and instructional materials in specialized formats, processing requests from PEAs for instructional materials in specialized formats and providing access to these materials in specialized formats to schools throughout Arizona that are providing services to blind or other students with disabilities.

1. Upon receipt of a written request certifying to the requirements set forth in subsections (E)(1)(a) through (c) publishers shall deliver to the repository, at no additional cost and consistent with the time-frame for providing materials for students without disabilities, accessible electronic files for printed instructional materials and non-printed instructional materials. Certification shall include all of the following:

a. The PEA purchased a copy of the printed instructional material or non-printed instructional material for use by a student who is blind or has a visual impairment in a course that the student is attending or registered to attend;

b. The student who will utilize the instructional materials in a specialized format has an IEP stating that such materials and/or equipment are necessary for the student to achieve stated expected competency gains; and

c. The instructional materials are for use by the student in connection with a course in which he or she is enrolled, as verified by the person overseeing the education of students who are blind or visually impaired.

2. A PEA may access the materials maintained by the central repository, upon written request, for instructional use with a student with a visual impairment, as identified by R7-2-401(E)(6)(i), who requires the use of instructional materials in a specialized format pursuant to the student's IEP.

3. Nothing in this Section shall be construed to prohibit the central repository from assisting a student with a disability by using the electronic format version of instructional material provided pursuant to this Section solely to transcribe or arrange for the transcription of the printed instructional material into Braille or large print. In the event a Braille transcription is made, the central repository has the right to share the Braille copy of the printed instructional material with other eligible students with disabilities. The PEA will be required to return the specialized format version of the instructional material to the central repository when the student no longer needs the instructional material. The central repository may share the copies of the specialized format of the instructional material with other PEAs who have met the requirements of subsections (B) and (D) of this Section to provide services to students who require such services pursuant to R7-2-401(F)(5) .

History

• New Section made by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2).

Ariz. Admin. Code § R7-2-408 Extended School Year Programs for Children with Disabilities

A. "Extended school year" (ESY) shall be as defined in A.R.S. § 15-881.

B. Eligibility. Eligibility shall be determined by the Individualized Education Program (IEP) Team. Criteria for determining eligibility in an extended school year program shall be as defined in A.R.S. § 15-881.

C. For a student with a disability currently enrolled in special education, eligibility for ESY services shall be determined no later than 45 calendar days prior to the last day of the school year.

D. The availability of an extended school year program is required for all students for whom the IEP team has determined that it is necessary in order to ensure a free appropriate public education. Student participation in an ESY program is not compulsory. ESY services are not required for all students with a disability.

E. Factors that are inappropriate for consideration. Eligibility for participation shall not be based on need or desire for any of the following:

1. A day care or respite care service for students with a disability;

2. A program to maximize the academic potential of a student with a disability; and

3. A summer recreation program for students with a disability.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 4633, effective December 8, 2003 (Supp. 03-4).

Article 5 CAREER AND VOCATIONAL EDUCATION

Ariz. Admin. Code § R7-2-501 [REPEALED]

History

• Not in original publication, correction, Section R7-2-501 . Adopted effective July 2, 1974. Amended effective November 8, 1974. Amended effective August 11, 1975 (Supp. 75-1). Former Section R7-2-501 repealed, new Section R7-2-501 adopted effective December 4, 1978 (Supp. 78-6). Repealed effective February 20, 1997 (Supp. 97-1).

Ariz. Admin. Code § R7-2-502 Vocational Education Provisions and Standards

All eligible recipients receiving federal or state monies or services in support of vocational and technical education programs, courses, or classes shall comply with the applicable provisions and standards of the following plans, which are filed with the Secretary of State, which plans are incorporated herein by reference.

1986-1988 Arizona State Plan for Vocational Education for Federal Funding as required by A.R.S. § 15-784; and

2. Arizona State Plan for Vocational Education for State Funding approved April 22, 1985, as required by A.R.S. § 15-787(C).

History

• Adopted (FY 76) effective July 14, 1975 (Supp. 75-1). Adopted (FY 77) effective June 25, 1976 (Supp. 76-3). Former Section R7-2-502 repealed, new Section R7-2-502 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-502 repealed, new Section R7-2-502 adopted effective March 13, 1986 (Supp. 86-2).

Ariz. Admin. Code § R7-2-503 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-504 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-505 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-506 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-507 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-508 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-509 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-510 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-511 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-512 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-513 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-514 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-515 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-516 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-517 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-518 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-519 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Ariz. Admin. Code § R7-2-520 [REPEALED]

History

• Repealed effective December 4, 1978 (Supp. 78-6).

Article 6 CERTIFICATION

Ariz. Admin. Code § R7-2-601 Definitions

In this Article, the following definitions apply unless the context otherwise requires:

"Accredited institution" means a postsecondary institution that has accreditation that is recognized by the U.S. Department of Education. An institution based outside the United States shall be considered accredited if a Department-approved foreign document evaluation firm verifies that it has accreditation in the foreign country that is comparable to accreditation that is recognized by the U.S. Department of Education.

2. "Accredited training" means training provided by an organization that has accreditation from an association approved by the Board.

3. "Appropriately certified" means holding the certificate, endorsement and approved area that is required for a teaching assignment.

4. "Approved area" means a subject area denoted on a teaching certificate that is taught in Arizona public schools.

2. 5. "Board" means the State Board of Education.

6. "Capstone experience" means a culminating professional experience in a preK through 12 setting that may include student teaching or internships in administration, counseling, or school psychology, or alternative path preK through 12 teaching.

3. 7. "CTE" means Career and Technical Education.

4. 8. "Department" means the Arizona Department of Education.

5. 9. "Practicum" means a period of structured observation and practice of the skills being learned, supervised by an individual trained in that area. The commonly used terms "student teaching," "internship," "residency," or "observation course" are included in this definition.

6. 10. "Professional development" means training to increase skills related to the occupation of education.

11. "Self-contained classroom" means a classroom in which the teacher teaches multiple subjects to one class of students.

12. "Single subject classroom" means a classroom in which the teacher teaches one subject to one class of students.

7. 13. "Teaching experience" means full-time employment which included full responsibility for the planning and delivery of instruction and evaluation of student learning. Except for meeting the capstone experience requirement when applying for a standard teaching certificate, substitute teaching is not considered full-time teaching experience.

History

• Former Section R7-2-601 repealed, new Section R7-2-601 adopted effective December 4, 1978 (Supp. 78-6). Amended subsection (C) effective May 31, 1983 (Supp. 83-3). Amended subsection (I) effective September 12, 1989 (Supp. 89-3). Amended effective August 14, 1991 (Supp. 91-3). Amended effective July 30, 1992 (Supp. 92-3). Section repealed, new Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective July 25, 1994 (Supp. 94-3). Amended effective September 20, 1996 (Supp. 96-3). Amended effective March 6, 1997 (Supp. 97-1). Typographical error corrected in subsection (A) (Supp. 97-3). Section repealed; new Section adopted effective December 3, 1998 (Supp. 98-4). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-602 Professional Teaching Standards

A. The standards presented in this Section shall be the basis for approved teacher preparation programs, described in R7-2-604, and the Arizona Teacher Proficiency Assessment, described in R7-2-606.

B. Standard 1. Learner Development: The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences. The teacher:

1. Regularly assesses individual and group performance in order to design and modify instruction to meet learners' needs in each area of development (cognitive, linguistic, social, emotional, and physical) and scaffolds the next level of development.

2. Creates developmentally appropriate instruction that takes into account individual learners' strengths, interests, and needs and that enables each learner to advance and accelerate his/her learning.

3. Collaborates with families, communities, colleagues, and other professionals to promote learner growth and development.

Understands how learning occurs - how learners construct knowledge, acquire skills, and develop disciplined thinking processes - and knows how to use instructional strategies that promote student learning.

5. Understands that each learner's cognitive, linguistic, social, emotional, and physical development influences learning and knows how to make instructional decisions that build on learners' strengths and needs.

6. Identifies readiness for learning, and understands how development in any one area may affect performance in others.

Understands the role of language and culture in learning and, consistent with Arizona law, knows how to modify instruction to make language comprehensible and instruction relevant, accessible, and challenging.

8. Respects learners' differing strengths and needs and is committed to using this information to further each learner's development.

9. Is committed to using learners' strengths as a basis for growth, and their misconceptions as opportunities for learning.

Takes responsibility for promoting learners' growth and development.

C. Standard 2. Learning Differences: The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards. The teacher:

1. Designs, adapts, and delivers instruction to address each student's diverse learning strengths and needs and creates opportunities for students to demonstrate their learning in different ways.

2. Makes appropriate and timely provisions (e.g., pacing for individual rates of growth, task demands, communication, assessment, and response modes) for individual students with particular learning differences or needs.

3. Designs instruction to build on learners' prior knowledge and experiences, allowing learners to accelerate as they demonstrate their understandings.

4. Brings multiple perspectives to the discussion of content, including attention to learners' personal, family, and community experiences and cultural norms.

5. Incorporates tools of language development into planning and instruction, including strategies for making content accessible to English language learners and for evaluating and supporting their development of English proficiency.

6. Accesses resources, supports, and specialized assistance and services to meet particular learning differences or needs.

7. Understands and identifies differences in approaches to learning and performance and knows how to design instruction that uses each learner's strengths to promote growth.

8. Understands students with exceptional needs, including those associated with disabilities and giftedness, and knows how to use strategies and resources to address these needs.

9. Knows about second language acquisition processes and knows how to incorporate instructional strategies and resources to support language acquisition.

10. Understands that learners bring assets for learning based on their individual experiences, abilities, talents, prior learning, and peer and social group interactions, as well as language, culture, family, and community values.

Knows how to access information about the values of diverse cultures and communities and how to incorporate learners' experiences, cultures, and community resources into instruction.

12. Believes that all learners can achieve at high levels and persists in helping each learner reach his/her full potential.

13. Respects learners as individuals with differing personal and family backgrounds and various skills, abilities, perspectives, talents, and interests.

14. Makes learners feel valued and helps them learn to value each other.

Values diverse languages and dialects and seeks to integrate them into his/her instructional practice to engage students in learning.

D. Standard 3. Learning Environments: The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self motivation. The teacher:

1. Collaborates with learners, families, and colleagues to build a safe, positive learning climate of openness, mutual respect, support, and inquiry.

Develops learning experiences that engage learners in collaborative and self-directed learning and that extend learner interaction with ideas and people locally and globally.

Collaborates with learners and colleagues to develop shared values and expectations for respectful interactions, rigorous academic discussions, and individual and group responsibility for quality work.

4. Manages the learning environment to actively and equitably engage learners by organizing, allocating, and coordinating the resources of time, space, and learners' attention.

5. Uses a variety of methods to engage learners in evaluating the learning environment and collaborates with learners to make appropriate adjustments.

Communicates verbally and nonverbally in ways that demonstrate respect for and responsiveness to the cultural backgrounds and differing perspectives learners bring to the learning environment.

7. Promotes responsible learner use of interactive technologies to extend the possibilities for learning locally and globally.

8. Intentionally builds learner capacity to collaborate in face-to-face and virtual environments through applying effective interpersonal communication skills.

9. Understands the relationship between motivation and engagement and knows how to design learning experiences using strategies that build learner self-direction and ownership of learning.

10. Knows how to help learners work productively and cooperatively with each other to achieve learning goals.

11. Knows how to collaborate with learners to establish and monitor elements of a safe and productive learning environment including norms, expectations, routines, and organizational structures.

Understands how learner diversity can affect communication and knows how to communicate effectively in differing environments.

13. Knows how to use technologies and how to guide learners to apply them in appropriate, safe, and effective ways.

14. Is committed to working with learners, colleagues, families, and communities to establish positive and supportive learning environments.

15. Values the role of learners in promoting each other's learning and recognizes the importance of peer relationships in establishing a climate of learning.

16. Is committed to supporting learners as they participate in decision making, engage in exploration and invention, work collaboratively and independently, and engage in purposeful learning.

17. Seeks to foster respectful communication among all members of the learning community.

18. Is a thoughtful and responsive listener and observer.

E. Standard 4. Content Knowledge: The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make these aspects of the discipline accessible and meaningful for learners to assure mastery of the content. The teacher:

1. Effectively uses multiple representations and explanations that capture key ideas in the discipline, guide learners through learning progressions, and promote each learner's achievement of content standards.

2. Engages students in learning experiences in the discipline(s) that encourage learners to understand, question, and analyze ideas from diverse perspectives so that they master the content.

3. Engages learners in applying methods of inquiry and standards of evidence used in the discipline.

4. Stimulates learner reflection on prior content knowledge, links new concepts to familiar concepts, and makes connections to learners' experiences.

5. Recognizes learner misconceptions in a discipline that interfere with learning, and creates experiences to build accurate conceptual understanding.

6. Evaluates and modifies instructional resources and curriculum materials for their comprehensiveness, accuracy for representing particular concepts in the discipline, and appropriateness for his or her learners.

7. Uses supplementary resources and technologies effectively to ensure accessibility and relevance for all learners.

Creates opportunities for students to learn, practice, and master academic language in their content.

Accesses school and/or district-based resources to evaluate the learner's content knowledge in his or her primary language.

10. Understands major concepts, assumptions, debates, processes of inquiry, and ways of knowing that are central to the discipline(s) he or she teaches.

11. Understands common misconceptions in learning the discipline and how to guide learners to accurate conceptual understanding.

12. Knows and uses the academic language of the discipline and knows how to make it accessible to learners.

13. Knows how to integrate culturally relevant content to build on learners' background knowledge.

14. Has a deep knowledge of student content standards and learning progressions in the discipline(s) he or she teaches.

15. Realizes that content knowledge is not a fixed body of facts but is complex, culturally situated, and ever evolving. The teacher keeps abreast of new ideas and understandings in the field, and ensures instruction is consistent with Arizona's adopted academic standards.

16. Appreciates multiple perspectives within the discipline and facilitates learners' critical analysis of these perspectives.

17. Recognizes the potential of bias in his or her representation of the discipline and seeks to appropriately address problems of bias.

18. Commits to work toward each learner's mastery of disciplinary content and skills.

F. Standard 5. Application of Content: The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues. The teacher:

1. Develops and implements projects that guide learners in analyzing the complexities of an issue or question using perspectives from varied disciplines and cross-disciplinary skills (e.g., a water quality study that draws upon biology and chemistry to look at factual information and social studies to examine policy implications).

2. Engages learners in applying content knowledge to real world problems through the lens of interdisciplinary themes (e.g., financial literacy, environmental literacy).

3. Facilitates learners' use of current tools and resources to maximize content learning in varied contexts.

4. Engages learners in questioning and challenging assumptions and approaches in order to foster innovation and problem solving in local and global contexts.

5. Develops learners' communication skills in disciplinary and interdisciplinary contexts by creating meaningful opportunities to employ a variety of forms of communication that address varied audiences and purposes.

6. Engages learners in generating and evaluating new ideas and novel approaches, seeking inventive solutions to problems, and developing original work.

7. Facilitates learners' ability to develop diverse social and cultural perspectives that expand their understanding of local and global issues and create novel approaches to solving problems.

8. Develops and implements supports for learner literacy development across content areas.

9. Understands the ways of knowing in his/her discipline, how it relates to other disciplinary approaches to inquiry, and the strengths and limitations of each approach in addressing problems, issues, and concerns.

Understands how current interdisciplinary themes (e.g., civic literacy, health literacy, global awareness) connect to the core subjects and knows how to weave those themes into meaningful learning experiences.

11. Understands the demands of accessing and managing information as well as how to evaluate issues of ethics and quality related to information and its use.

12. Understands how to use digital and interactive technologies for efficiently and effectively achieving specific learning goals.

13. Understands critical thinking processes and knows how to help learners develop high level questioning skills to promote their independent learning.

14. Understands communication modes and skills as vehicles for learning (e.g., information gathering and processing) across disciplines as well as vehicles for expressing learning.

15. Understands creative thinking processes and how to engage learners in producing original work.

16. Knows where and how to access resources to build global awareness and understanding, and how to integrate them into the curriculum.

17. Is constantly exploring how to use disciplinary knowledge as a lens to address local and global issues.

18. Values knowledge outside his/her own content area and how such knowledge enhances student learning.

19. Values flexible learning environments that encourage learner exploration, discovery, and expression across content areas.

G. Standard 6. Assessment: The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision making. The teacher:

Balances the use of formative and summative assessment as appropriate to support, verify, and document learning.

2. Designs assessments that match learning objectives with assessment methods and minimizes sources of bias that can distort assessment results.

Works independently and collaboratively to examine test and other performance data to understand each learner's progress and to guide planning.

4. Engages learners in understanding and identifying quality work and provides them with effective descriptive feedback to guide their progress toward that work.

5. Engages learners in multiple ways of demonstrating knowledge and skill as part of the assessment process.

6. Models and structures processes that guide learners in examining their own thinking and learning as well as the performance of others.

Effectively uses multiple and appropriate types of assessment data to identify each student's learning needs and to develop differentiated learning experiences.

8. Prepares all learners for the demands of particular assessment formats and makes appropriate accommodations in assessments or testing conditions, especially for learners with disabilities and language learning needs.

9. Continually seeks appropriate ways to employ technology to support assessment practice both to engage learners more fully and to assess and address learner needs.

10. Understands the differences between formative and summative applications of assessment and knows how and when to use each.

11. Understands the range of types and multiple purposes of assessment and how to design, adapt, or select appropriate assessments to address specific learning goals and individual differences, and to minimize sources of bias.

12. Knows how to analyze assessment data to understand patterns and gaps in learning, to guide planning and instruction, and to provide meaningful feedback to all learners.

13. Knows when and how to engage learners in analyzing their own assessment results and in helping to set goals for their own learning.

14. Understands the positive impact of effective descriptive feedback for learners and knows a variety of strategies for communicating this feedback.

15. Knows when and how to evaluate and report learner progress against standards.

16. Understands how to prepare learners for assessments and how to make accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs.

17. Is committed to engaging learners actively in assessment processes and to developing each learner's capacity to review and communicate about their own progress and learning.

18. Takes responsibility for aligning instruction and assessment with learning goals.

19. Is committed to providing timely and effective descriptive feedback to learners on their progress.

20. Is committed to using multiple types of assessment processes to support, verify, and document learning.

21. Is committed to making accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs.

22. Is committed to the ethical use of various assessments and assessment data to identify learner strengths and needs to promote learner growth.

H. Standard 7. Planning for Instruction: The teacher plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context. The teacher:

1. Individually and collaboratively selects and creates learning experiences that are appropriate for curriculum goals and content standards, and are relevant to learners.

2. Plans how to achieve each student's learning goals, choosing appropriate strategies and accommodations, resources, and materials to differentiate instruction for individuals and groups of learners.

3. Develops appropriate sequencing of learning experiences and provides multiple ways to demonstrate knowledge and skill.

4. Plans for instruction based on formative and summative assessment data, prior learner knowledge, and learner interest.

Plans collaboratively with professionals who have specialized expertise (e.g., special educators, related service providers, language learning specialists, librarians, media specialists) to design and jointly deliver as appropriate learning experiences to meet unique learning needs.

6. Evaluates plans in relation to short- and long-range goals and systematically adjusts plans to meet each student's learning needs and enhance learning.

7. Understands content and content standards and how these are organized in the curriculum.

8. Understands how integrating cross-disciplinary skills in instruction engages learners purposefully in applying content knowledge.

Understands learning theory, human development, cultural diversity, and individual differences and how these impact ongoing planning.

10. Understands the strengths and needs of individual learners and how to plan instruction that is responsive to these strengths and needs.

11. Knows a range of evidence-based instructional strategies, resources, and technological tools and how to use them effectively to plan instruction that meets diverse learning needs.

12. Knows when and how to adjust plans based on assessment information and learner responses.

13. Knows when and how to access resources and collaborate with others to support student learning (e.g., special educators, related service providers, language learner specialists, librarians, media specialists, community organizations).

14. Respects learners' diverse strengths and needs and is committed to using this information to plan effective instruction.

15. Values planning as a collegial activity that takes into consideration the input of learners, colleagues, families, and the larger community.

16. Takes professional responsibility to use short- and long-term planning as a means of assuring student learning.

17. Believes that plans must always be open to adjustment and revision based on learner needs and changing circumstances.

I. Standard 8. Instructional Strategies: The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways. The teacher:

1. Uses appropriate strategies and resources to adapt instruction to the needs of individuals and groups of learners.

2. Continuously monitors student learning, engages learners in assessing their progress, and adjusts instruction in response to student learning needs.

3. Collaborates with learners to design and implement relevant learning experiences, identify their strengths, and access family and community resources to develop their areas of interest.

4. Varies his/her role in the instructional process (e.g., instructor, facilitator, coach, audience) in relation to the content and purposes of instruction and the needs of learners.

5. Provides multiple models and representations of concepts and skills with opportunities for learners to demonstrate their knowledge through a variety of products and performances.

6. Engages all learners in developing higher order questioning skills and metacognitive processes.

7. Engages learners in using a range of learning skills and technology tools to access, interpret, evaluate, and apply information.

Uses a variety of instructional strategies to support and expand learners' communication through speaking, listening, reading, writing, and other modes.

9. Asks questions to stimulate discussion that serves different purposes (e.g., probing for learner understanding, helping learners articulate their ideas and thinking processes, stimulating curiosity, and helping learners to question).

10. Understands the cognitive processes associated with various kinds of learning (e.g., critical and creative thinking, problem framing and problem solving, invention, memorization and recall) and how these processes can be stimulated.

11. Knows how to apply a range of developmentally, culturally, and linguistically appropriate instructional strategies to achieve learning goals.

12. Knows when and how to use appropriate strategies to differentiate instruction and engage all learners in complex thinking and meaningful tasks.

Understands how multiple forms of communication (oral, written, nonverbal, digital, visual) convey ideas, foster self expression, and build relationships.

14. Knows how to use a wide variety of resources, including human and technological, to engage students in learning.

Understands how content and skill development can be supported by media and technology and knows how to evaluate these resources for quality, accuracy, and effectiveness.

16. Is committed to deepening awareness and understanding the strengths and needs of diverse learners when planning and adjusting instruction.

17. Values the variety of ways people communicate and encourages learners to develop and use multiple forms of communication.

18. Is committed to exploring how the use of new and emerging technologies can support and promote student learning.

19. Values flexibility and reciprocity in the teaching process as necessary for adapting instruction to learner responses, ideas, and needs.

J. Standard 9. Professional Learning and Ethical Practice: The teacher engages in ongoing professional learning and uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner. The teacher:

1. Engages in ongoing learning opportunities to develop knowledge and skills in order to provide all learners with engaging curriculum and learning experiences based on local and state standards.

2. Engages in meaningful and appropriate professional learning experiences aligned with his/her own needs and the needs of the learners, school, and system.

3. Independently and in collaboration with colleagues, uses a variety of data (e.g., systematic observation, information about learners, research) to evaluate the outcomes of teaching and learning and to adapt planning and practice.

Actively seeks professional, community, and technological resources, within and outside the school, as supports for analysis, reflection, and problem-solving.

5. Reflects on his/her personal biases and accesses resources to deepen his/her own understanding of cultural, ethnic, gender, and learning differences to build stronger relationships and create more relevant learning experiences.

6. Advocates, models, and teaches safe, legal, and ethical use of information and technology including appropriate documentation of sources and respect for others in the use of social media.

7. Understands and knows how to use a variety of self-assessment and problem-solving strategies to analyze and reflect on his/her practice and to plan for adaptations/adjustments.

8. Knows how to use learner data to analyze practice and differentiate instruction accordingly.

9. Understands how personal identity, worldview, and prior experience affect perceptions and expectations, and recognizes how they may bias behaviors and interactions with others.

10. Understands and adheres to laws related to learners' rights and teacher responsibilities (e.g., for educational equity, appropriate education for learners with disabilities, confidentiality, privacy, appropriate treatment of learners, reporting in situations related to possible child abuse).

11. Knows how to build and implement a plan for professional growth directly aligned with his/her needs as a growing professional using feedback from teacher evaluations and observations, data on learner performance, and school- and system-wide priorities.

12. Takes responsibility for student learning and uses ongoing analysis and reflection to improve planning and practice.

13. Is committed to deepening understanding of his/her own frames of reference (e.g., culture, gender, language, abilities, ways of knowing), the potential biases in these frames, and their impact on expectations for and relationships with learners and their families.

14. Sees him/herself as a learner, continuously seeking opportunities to draw upon current education policy and research as sources of analysis and reflection to improve practice.

15. Understands the expectations of the profession including codes of ethics, professional standards of practice, and relevant law and policy.

K. Standard 10. Leadership and Collaboration: The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession. The teacher:

1. Takes an active role on the instructional team, giving and receiving feedback on practice, examining learner work, analyzing data from multiple sources, and sharing responsibility for decision making and accountability for each student's learning.

2. Works with other school professionals to plan and jointly facilitate learning on how to meet diverse needs of learners.

3. Engages collaboratively in the schoolwide effort to build a shared vision and supportive culture, identify common goals, and monitor and evaluate progress toward those goals.

4. Works collaboratively with learners and their families to establish mutual expectations and ongoing communication to support learner development and achievement.

5. Working with school colleagues, builds ongoing connections with community resources to enhance student learning and well being.

Engages in professional learning, contributes to the knowledge and skill of others, and works collaboratively to advance professional practice.

7. Uses technological tools and a variety of communication strategies to build local and global learning communities that engage learners, families, and colleagues.

8. Uses and generates meaningful research on education issues and policies.

Seeks appropriate opportunities to model effective practice for colleagues, to lead professional learning activities, and to serve in other leadership roles.

10. Strives to meet the needs of learners and to strengthen the learning environment.

11. Takes on leadership roles at the school, district, state, and/or national levels.

12. Understands schools as organizations within a historical, cultural, political, and social context and knows how to work with others across the system to support learners.

13. Understands that alignment of family, school, and community spheres of influence enhances student learning and that discontinuity in these spheres of influence interferes with learning.

14. Knows how to work with other adults and has developed skills in collaborative interaction appropriate for both face-to-face and virtual contexts.

15. Knows how to contribute to a common culture that supports high expectations for student learning.

16. Actively shares responsibility for shaping and supporting the mission of his/her school as one of advocacy for learners and accountability for their success.

17. Respects families' beliefs, norms, and expectations and seeks to work collaboratively with learners and families in setting and meeting challenging goals.

18. Takes initiative to grow and develop with colleagues through interactions that enhance practice and support student learning.

19. Takes responsibility for contributing to and advancing the profession.

20. Embraces the challenge of continuous improvement and change.

History

• Former Section R7-2-602 repealed, new Section R7-2-602 adopted effective December 4, 1978 (Supp. 78-6). Amended by adding a new subsection (B) effective August 29, 1988 (Supp. 88-3). Amended effective December 15, 1989 (Supp. 89-4). Amended effective July 10, 1992 (Supp. 92-3). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 3, 1998 (Supp. 98-4). Amended by exempt rulemaking at 18 A.A.R. 1029, effective December 5, 2011 (Supp. 12-2).

Ariz. Admin. Code § R7-2-602.01 Induction Program Standards for New Teachers

A. For the purposes of this section, the following definitions apply:

1. "Induction" and "mentoring and retention programming" means a program of regular, job-embedded, in-person, one-on-one feedback that is focused on instruction and ensuring new classroom teacher quality, success and retention.

2. "New classroom teacher" means a classroom teacher who is in the first, second, or third year of teaching.

B. The Arizona Teacher Induction Standards, and substantially similar programs developed by local education agencies, shall serve as the form and format of mentoring and retention programming for school districts, charter schools, the State Education System for Committed Youth, and the Arizona State Schools for the Deaf and the Blind who receive grant funds established pursuant to A.R.S. § 15-1281(D)(3). The standards and programs developed by local education agencies shall require that the equivalent of one full-time mentor may be assigned to not more than 15 new classroom teachers employed by the school district or charter school.

C. The Department shall:

1. Develop the induction program standards in consultation with state educators and experts in instruction and educator quality, success, and retention.

Present the induction program standards and the development process to the Board for review and approval.

D. The Board shall adopt the Arizona Teacher Induction Standards in a meeting following the presentation of the standards to the Board.

History

• Adopted by exempt rulemaking at 27 A.A.R. 743, effective 4/26/2021.

Ariz. Admin. Code § R7-2-602.02 Teacher Leader Professional Standards

A. For the purposes of this section, the following definition applies: "Teacher leadership" means practices and professional capacities in which teachers act or fulfill duties and roles that support school-system faculty, staff, and administrators to improve instruction and teaching practices to improve educator and student development and performance.

B. The Arizona Teacher Leader Professional Standards are established. Teacher leader professional roles and professional learning programs developed by Arizona school districts, charter schools, the State Education System for Committed Youth, and the Arizona State Schools for the Deaf and the Blind who receive grant funds pursuant to A.R.S. § 15-1281(D)(3) may use the Arizona Teacher Leader Professional Standards to establish and align professional duties, plans, pathways, and development programs.

C. The Board shall adopt Arizona Teacher Leader Professional Standards as follows:

The Department shall develop teacher leader professional standards and guidance and resources in consultation with state educators and experts in instruction, educator quality, educator workforce development, success, leadership and retention;

2. The Department shall present the teacher leader standards and the development process to the Board at a regularly scheduled Board meeting; and

3. The Board shall adopt the Arizona Teacher Leader Professional Standards at a subsequent meeting.

History

• New Section made by final exempt rulemaking at 29 A.A.R. 1401, effective 5/22/2023.

Ariz. Admin. Code § R7-2-603 Professional Administrative Standards

A. The standards presented in this Section shall be the basis for approved administrative preparation programs, described in R7-2-604 . The Arizona Administrator Proficiency Assessment shall assess proficiency in the standards as a requirement for certification of supervisors, principals, and superintendents, as set forth in R7-2-616.

B. Standard 1: Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high quality education and academic success and well-being of each student. Effective leaders:

1. Develop an educational mission for the school to promote the academic success and well-being of each student.

2. In collaboration with members of the school and the community and using relevant data, develop and promote a vision for the school on the successful learning and development of each child and on instructional and organizational practices that promote such success.

3. Articulate, advocate, and cultivate core values that define the school's culture and stress the imperative of child-centered education; high expectations and student support; equity, inclusiveness, and social justice; openness, caring, and trust; and continuous improvement.

Strategically develop, implement, and evaluate actions to achieve the vision for the school.

5. Review the school's mission and vision and adjust them to changing expectations and opportunities for the school, and changing needs and situations of students.

6. Develop shared understanding of and commitment to mission, vision, and core values within the school and the community.

7. Model and pursue the school's mission, vision, and core values in all aspects of leadership.

C. Standard 2: Effective educational leaders act ethically and according to professional norms to promote each student's academic success and well-being. Effective leaders:

1. Act ethically and professionally in personal conduct, relationships with others, decision-making, stewardship of the school's resources, and all aspects of school leadership.

2. Act according to and promote the professional norms of integrity, fairness, transparency, trust, collaboration, perseverance, learning, and continuous improvement.

3. Place children at the center of education and accept responsibility for each student's academic success and well-being.

4. Safeguard and promote the values of democracy, individual freedom and responsibility, equity, social justice, community, and diversity.

5. Lead with interpersonal and communication skill, social-emotional insight, and understanding of all students' and staff members' backgrounds and cultures.

6. Provide moral direction for the school and promote ethical and professional behavior among faculty and staff.

D. Standard 3: Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student's academic success and well-being. Effective leaders:

1. Ensure that each student is treated fairly, respectfully, and with an understanding of each student's culture and context.

2. Recognize, respect, and employ each student's strengths, diversity, and culture as assets for teaching and learning.

Ensure that each student has equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success.

4. Develop student policies and address student misconduct in a positive, fair, and unbiased manner.

5. Confront and alter institutional biases of student marginalization, deficit-based schooling, and low expectations associated with race, class, culture and language, gender and sexual orientation, and disability or special status.

6. Promote the preparation of students to live productively in and contribute to the diverse cultural contexts of a global society.

7. Act with cultural competence and responsiveness in their interactions, decision making, and practice.

8. Address matters of equity and cultural responsiveness in all aspects of leadership.

E. Standard 4: Effective educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student's academic success and well-being. Effective leaders:

1. Implement coherent systems of curriculum, instruction, and assessment that promote the mission, vision, and core values of the school, embody high expectations for student learning, align with academic standards, and are culturally responsive.

2. Align and focus systems of curriculum, instruction, and assessment within and across grade levels to promote student academic success, love of learning, the identities and habits of learners, and healthy sense of self.

3. Promote instructional practice that is consistent with knowledge of child learning and development, effective pedagogy, and the needs of each student.

4. Ensure instructional practice that is intellectually challenging, authentic to student experiences, recognizes student strengths, and is differentiated and personalized.

5. Promote the effective use of technology in the service of teaching and learning.

6. Employ valid assessments that are consistent with knowledge of child learning and development and technical standards of measurement.

7. Use assessment data appropriately and within technical limitations to monitor student progress and improve instruction.

F. Standard 5: Effective educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student. Effective leaders:

1. Build and maintain a safe, caring, and healthy school environment that meets that the academic, social, emotional, and physical needs of each student.

Create and sustain a school environment in which each student is known, accepted and valued, trusted and respected, cared for, and encouraged to be an active and responsible member of the school community.

3. Provide coherent systems of academic and social supports, services, extracurricular activities, and accommodations to meet the range of learning needs of each student.

4. Promote adult-student, student-peer, and school-community relationships that value and support academic learning and positive social and emotional development.

5. Cultivate and reinforce student engagement in school and positive student conduct.

6. Infuse the school's learning environment with the cultures and languages of the school's community.

G. Standard 6: Effective educational leaders develop the professional capacity and practice of school personnel to promote each student's academic success and well-being. Effective leaders:

1. Recruit, hire, support, develop, and retain effective and caring teachers and other professional staff and form them into an educationally effective faculty.

2. Plan for and manage staff turnover and succession, providing opportunities for effective induction and mentoring of new personnel.

3. Develop teachers' and staff members' professional knowledge, skills, and practice through differentiate d opportunities for learning and growth, guided by understanding of professional and adult learning and development.

4. Foster continuous improvement of individual and collective instructional capacity to achieve outcomes envisioned for each student.

5. Deliver actionable feedback a bout instruction and other professional practice through valid, research-anchored systems of supervision and evaluation to support the development of teachers' and staff members' knowledge, skills, and practice .

6. Empower and motivate teachers and staff to the highest levels of professional practice and to continuous learning and improvement.

Develop the capacity, opportunities, and support for teacher leadership and leadership from other members of the school community.

8. Promote the personal and professional health, well-being, and work-life balance of faculty and staff.

9. Tend to their own learning and effectiveness through reflection, study, and improvement, maintaining a healthy work-life balance.

H. Standard 7: Effective educational leaders foster a professional community of teachers and other professional staff to promote each student's academic success and well-being. Effective leaders:

Develop workplace conditions for teachers and other professional staff that promote effective professional development, practice, and student learning.

2. Empower and entrust teachers and staff with collective responsibility for meeting the academic, social, emotional, and physical needs of each student, pursuant to the mission, vision, and core values of the school.

3. Establish and sustain a professional culture of engagement and commitment to shared vision, goals, and objectives pertaining to the education of the whole child; high expectations for professional work; ethical and equitable practice; trust and ope n communication; collaboration, collective efficacy, and continuous individual and organizational learning and improvement.

4. Promote mutual account ability among teachers and other professional staff for each student's success and the effectiveness of the school as a whole.

5. Develop and support open, productive, caring, and trusting working relationships among leaders, faculty, and staff to promote professional capacity and the improvement of practice.

6. Design and implement job-embedded and other opportunities for professional learning collaboratively with faculty and staff.

7. Provide opportunities for collaborative examination of practice, collegial feedback, and collective learning.

8. Encourage faculty-initiated improvement of programs and practices.

I. Standard 8: Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student's academic success and well-being. Effective leaders:

1. Are approachable, accessible, and welcoming to families and members of the community.

2. Create and sustain positive, collaborative, and productive relationships with families and the community for the benefit of students.

3. Engage in regular and ope n two-way communication with families and the community a bout the school, students, needs, problems, and accomplishments.

4. Maintain a presence in the community to understand its strengths and needs, develop productive relationships, and engage its resources for the school.

5. Create means for the school community to partner with families to support student learning in and out of school .

6. Understand, value, and employ the community's cultural, social, intellectual, and political resources to promote student learning and school improvement.

7. Develop and provide the school as a resource for families and the community.

8. Advocate for the school and district, and for the importance of education and student needs and priorities to families and the community.

9. Advocate publicly for the needs and priorities of students, families, and the community.

10. Build and sustain productive partnerships with public and private sectors to promote school improvement and student learning.

J. Standard 9: Effective educational leaders manage school operations and re sources to promote each student's academic success and well-being. Effective leaders:

Institute, manage, and monitor operations and administrative systems that promote the mission and vision of the school.

2. Strategically manage staff resources, assigning and scheduling teachers and staff to roles and responsibilities that optimize their professional capacity to address each student's learning needs.

3. Seek, acquire, and manage fiscal, physical, and other resources to support curriculum, instruction, and assessment; student learning community; professional capacity and community; and family and community engagement.

4. Are responsible, ethical, and accountable stewards of the school's monetary and non-monetary resources, engaging in effective budgeting and accounting practices.

5. Protect teachers' and other staff members' work and learning from disruption.

6. Employ technology to improve the quality and efficiency of operations and management.

7. Develop and maintain data and communication systems to deliver actionable information for classroom and school improvement.

8. Know, comply with, and help the school community understand local, state, and federal laws, rights, policies, and regulations so as to promote student success.

9. Develop and manage relationships with feeder and connecting schools for enrollment management and curricular and instructional articulation.

Develop and manage productive relationships with the central office and school board.

11. Develop and administer systems for fair and equitable management of conflict among students, faculty and staff, leaders, families, and community.

12. Manage governance processes and internal and external politics toward achieving the school's mission and vision.

K. Standard 10: Effective educational leaders act as agents of continuous improvement to promote each student's academic success and well-being. Effective leaders:

1. Seek to make school more effective for each student, teachers and staff, families, and the community.

2. Use met hods of continuous improvement to achieve the vision, fulfill the mission, and promote the core values of the school.

3. Prepare the school and the community for improvement, promoting readiness, an imperative for improvement, instilling mutual commitment and accountability, and developing the knowledge, skills, and motivation to succeed in improvement.

4. Engage others in an ongoing process of evidence-based inquiry, learning, strategic goal setting, planning, implementation, and evaluation for continuous school and classroom improvement.

5. Employ situationally-appropriate strategies for improvement, including transformational and incremental, adaptive approaches and attention to different phases of implementation.

6. Assess and develop the capacity of staff to assess the value and applicability of emerging educational trends and the findings of research for the school and its improvement.

7. Develop technically appropriate systems of data collection, management, analysis, and use, connecting as needed to the district office and external partners for support in planning, implementation, monitoring, feedback, and evaluation.

8. Adopt a systems perspective and promote coherence among improvement efforts and all aspects of school organization, programs, and services.

9. Manage uncertainty, risk, competing initiatives, and politics of change with courage and perseverance, providing support and encouragement, and openly communicating the need for, process for, and out comes of improvement efforts.

10. Develop and promote leadership among teachers and staff for inquiry, experimentation and innovation, and initiating and implementing improvement.

History

• Former Section R7-2-603 repealed, new Section R7-2-603 adopted effective December 4, 1978 (Supp. 78-6). Amended effective July 21, 1980 (Supp. 80-4). Amended subsection (J) effective August 20, 1981 (Supp. 81-4). Amended subsections (D) and (E) effective April 10, 1984 (Supp. 84-2). Amended subsection (J)(8) and (9) effective October 10, 1984 (Supp. 84-5). Amended subsection (G) effective December 13, 1985. Amended subsection (J)(6), (7), (8) and (9) effective December 18, 1985 (Supp. 85-6). Editorial correction, amendment to subsections (D) and (E) shown effective April 10, 1984 should read Amended subsections (D) and (E) effective October 1, 1985. Amended by adding subsection (G)(9) and (10) effective January 31, 1986 (Supp. 86-1). Amended by adding subsection (R) effective April 24, 1986 (Supp. 86-2). Amended subsection (G), filed May 5, 1986, effective July 1, 1987 (Supp. 86-3). Amended by adding subsection (J)(10) and (11) effective July 2, 1986; amended by adding subsection (J)(12), (13) and (14), filed August 7, 1986, effective July 1, 1987 (Supp. 86-4). Amended subsection (H) effective September 16, 1987 (Supp. 87-3). Correction: subsection (G)(3), "Provisional" is corrected to read: "Principal" as certified effective December 3, 1985; amended subsection (B) effective July 13, 1988; amended subsection (J)(2) effective August 10, 1988; amended subsection (R)(2)(b) effective August 15, 1988 (Supp. 88-3). Amended effective August 9, 1989, and amended effective September 12, 1989 (Supp. 89-3). Amended effective December 15, 1989 (Supp. 89-4). Amended effective November 6, 1990; Amended effective December 12, 1990 (Supp. 90-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective May 2, 1991 (Supp. 91-2). Amended effective October 22, 1991 (Supp. 91-4). Section repealed, new Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective December 19, 1996 (Supp. 96-4). Amended effective March 6, 1997 (Supp. 97-1). Typographical error corrected in subsection (J) (Supp. 97-4). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 18 A.A.R. 1029, effective December 5, 2011 (Supp. 12-2). Amended by exempt rulemaking at 22 A.A.R. 3367, effective 10/24/2016.

Ariz. Admin. Code § R7-2-604 Definitions

In R7-2-604 through R7-2-604.05, unless the context otherwise requires:

1. "Accreditation" means a professional preparation institution's recognition by a national or regional agency or organization acknowledged for meeting identified standards or criteria.

2. "Alternative educator preparation program" means a program designed for individuals who are working as a PreK through 12 teacher or administrator while certified under an alternative teaching certificate or interim administrative certificate. Alternative educator preparation programs may have substantially different program sequences, designs, and/or formats than that of a traditional education preparation program.

3. "Biennial report" means a report submitted every two years to the Department by all Arizona State Board approved professional preparation institutions for each approved educator preparation program.

4. "Biennial status letter" means correspondence issued by the Department to the professional preparation institution within 30 days upon completion of the review of the biennial report, indicating the status of the educator preparation program(s).

5. "Board approved program" means a course of study that is approved by the Board and meets all relevant standards for teachers, administrators, school guidance counselors, or school psychologists.

6. "Capstone experience" means a culminating professional experience in a PreK through 12 setting. This experience may include student teaching or internships in administration, counseling, or school psychology, or alternative path PreK through 12 teaching.

"Classroom-based educator preparation program" means a program administered through a school district or charter school that is approved pursuant to R7-2-604.05.

8. "Educator preparation program" means a traditional or alternative educator preparation program that prepares PreK through 12 teachers, administrators, school counselors, and school psychologists for an institutional recommendation for an Arizona certificate.

9. "Field experience" means scheduled, directed, structured, supervised, frequent experiences in a PreK through 12 setting that occurs prior to the capstone experience. Field experiences must assist educator candidates in developing the knowledge, skills, and dispositions necessary to ensure all students learn, and provide evidence in meeting standards described in the Board approved professional teaching standards or professional administrative standards, and relevant Board approved academic standards.

10. "Institutional recommendation" means a form developed by the Department and issued by a professional preparation institution, that indicates an individual has completed a Board approved educator preparation program.

"Internship" means significant opportunities for candidates to practice and develop the skills identified in relevant state and national standards as measured by substantial and sustained work in real settings, appropriate for the certificate the candidate is seeking, performed under the direction of a supervising practitioner and a program supervisor.

12. "Locally based school leadership preparation program" means a program administered through a school district or charter school that is approved pursuant to R7-2-604.06.

12. 13. "National standards" means written expectations for meeting a specified level of performance that are established by, but not limited to, the following organizations: Council for Accreditation of Counseling and Related Education Program (CACREP), Council for the Accreditation of Educator Preparation (CAEP), Council for Exceptional Children. (CEC), The National Educational Leadership Preparation (NELP), Interstate New Teacher Assessment and Support Consortium (InTASC), Professional Standards for Educational Leadership (PSEL), International Society for Technology in Education (ISTE), National Association for the Education of Young Children (NAEYC), National Association of School Psychologists (NASP), National Council for Accreditation of Teacher Education (NCATE) or Teacher Education Accreditation Council (TEAC).

13. 14. "Probationary educator preparation program" means a program with at least one deficiency identified in the biennial status letter issued by the Department, as a result of a Department review of the biennial report. Programs with the same deficiency(s) in two consecutive biennial status letters are subject to revocation of Board approval. A deficiency may include, but is not limited to, stakeholder surveys, completer data and student achievement data.

14. 15. "Professional preparation institutions" means organizations that include, but are not limited to, universities and colleges, school districts, not for profit organizations, professional organizations, private businesses, charter schools, and regional training centers that oversee one or more educator preparation programs.

15. 16. "Program completer" means a student who has met all the professional program institution's requirements of a Board approved educator preparation program necessary to obtain an institutional recommendation.

16. 17. "Program supervisor" means an educator from the professional preparation institution under whose supervision the candidate for licensure practices during a capstone experience. The program supervisor's professional work experiences must be relevant to the license the candidate is seeking. Program supervisors must also have adequate training from the professional preparation institution.

17. 18. "Review Team" means a committee that reviews educator preparation programs seeking Board approval that consists of representatives from the Department and at least three of the following entities: institutions under the jurisdiction of the Arizona Board of Regents, Arizona private institutions of higher education, Arizona community colleges, other organizations with a Board approved educator preparation program, professional educator associations, PreK through 12 administrators from local education agencies, National Board Certified Teachers, and a graduate or representative from an Arizona educator preparation program. For alternative educator preparation program applications, the review team shall include at least one graduate or representative from an Arizona alternative educator preparation program.

18. 19. "Student teaching" means a minimum of 12 weeks of rigorous field-based experiences, appropriate for the certificate the candidate is seeking, performed under the direction of a supervising practitioner and a program supervisor. The student teaching placement must be appropriate for the certification that the applicant is seeking.

19. 20. "Supervising practitioner" means a standard certified educator, currently employed by a local education agency, private agency or other PreK through 12 setting who supervises the candidate during a capstone experience. Supervising practitioners must have:

a. A minimum of three full years of experience relevant to the license the candidate is seeking.

b. A current classification of highly effective or effective pursuant to A.R.S. §§ 15-341(A)(41), 15-189.06, when applicable.

c. Adequate training from the professional preparation institution.

20. 21. "Traditional educator preparation program" means a program that includes courses, field experiences, and a capstone experience that is designed to prepare preservice PreK through 12 teachers, administrators, school counselors, and school psychologists."

History

• Repealed effective December 4, 1978 (Supp. 78-6). Adopted as an emergency effective October 1, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former emergency adoption amended as an emergency effective November 5, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days. Former emergency adoption effective November 5, 1980 amended and adopted effective December 30, 1980 (Supp. 80-6). Amended effective June 30, 1981 (Supp. 81-3). Amended subsection (G) effective November 16, 1982 (Supp. 82-6). Amended subsection (B) as an emergency effective August 2, 1984 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Former emergency amendment effective August 2, 1984 now adopted as a permanent amendment without change effective November 5, 1984 (Supp. 84-6). Amended effective August 9, 1989 (Supp. 89-3). Amended effective May 31, 1991 (Supp. 91-2). Amended effective July 10, 1992 (Supp. 92-3). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Section repealed; new Section made by exempt rulemaking at 16 A.A.R. 318, effective August 29, 2006 (Supp. 09-1). Amended by exempt rulemaking at 21 A.A.R. 2047, effective 10/27/2015. Amended by final exempt rulemaking at 26 A.A.R. 66, effective 12/13/2019. Amended by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-604.01 Educator Preparation Programs

A. Professional preparation institutions shall include evidence that the educator preparation program is aligned to standards described in the Board approved professional teaching standards or professional administrative standards and relevant national standards, and provides field experiences, and a capstone experience.

B. Educator preparation programs of professional preparation institutions requesting Board approval shall be reviewed by the Department, and the Department shall recommend Board action. Upon the recommendation of the Department, the Board shall evaluate and may approve an educator preparation program. The Board may grant program approval for a period not to exceed six years.

C. All educator preparation programs that lead to an Arizona certification must be approved by the Board pursuant to these rules. Board approval of educator preparation programs may be granted following the successful evaluation of the program. Board rules in effect at the time of the submission of a program for evaluation shall be the rules upon which the educator preparation program is evaluated.

History

• New Section made by exempt rulemaking at 16 A.A.R. 318, effective August 29, 2006 (Supp. 09-1). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2047, effective 10/27/2015.

Ariz. Admin. Code § R7-2-604.02 Educator Preparation Program Approval Procedures

A. Professional preparation institutions with no Board approved educator preparation programs, seeking initial approval for an educator preparation program shall submit to the Department the information necessary to conduct a readiness review of the professional preparation institution. The Department shall prescribe forms to assist professional preparation institutions with providing all information required as part of the readiness review process. The required information, includes the following:

1. An institutional profile demonstrating program and financial stability, a description of the educator preparation program seeking approval, a listing of national or regional accreditations the institution's governance and administrative structures and student demographic data.

2. A description of the professional preparation institution's vision, mission, philosophy and goals, and a description of how this information is shared with students, relevant staff and other relevant stakeholders.

3. Data regarding the professional preparation institution's relevant staff, including the following:

a. Demographic data relating to the relevant staff for each educator preparation program seeking approval, including, at a minimum, educational degrees, staff to student ratio, experience teaching in a PreK through 12 setting, and, if available, ethnicity and gender data.

b. Definitions of titles and clarification of roles of individuals responsible for courses, seminars, or modules of study; field experiences; capstone experiences; and administration.

c. A description of the professional preparation institution's employment policies, including procedures for determining staff assignments, evaluation procedures and professional development opportunities and requirements.

B. The Department shall provide professional preparation institutions written notification, within 60 days of receiving readiness review materials, either indicating readiness to submit educator preparation programs for review or specifying any deficiencies. The institution has 30 days from receipt of the notice to supply the Department with all required information regarding identified deficiencies.

C. The Department shall initiate a review of the specific educator preparation programs being considered for Board approval. The Department shall prescribe forms to assist institutions with providing all information required as part of the educator preparation programs review. Professional Preparation Institutions with accreditation may submit accreditation documentation to be considered as part of the review process. To facilitate this review, institutions shall provide the Department with the following:

1. A description of the educator preparation programs being considered for Board approval. This shall include, at a minimum, the criteria for student entry into the program; a summary of the program courses, seminars, or modules of study; field experiences; and capstone experiences. The professional preparation institution must verify that it requires courses, seminars, or modules of study necessary to obtain a full Structured English Immersion endorsement if required for the certificate the candidate is seeking.

2. A description of the field experience and capstone experience policies for the educator preparation programs being considered for Board approval. The review team shall verify that the field experience and capstone experience includes evidence of engagement in the application of relevant standards as articulated in the Board approved professional teaching standards or professional administrative standards and relevant national standards. Educator preparation programs applying for approval in school psychology and guidance counseling shall only be required to demonstrate compliance with applicable national standards.

3. Evidence that candidates are provided instruction and practice in how to gather, evaluate, and synthesize multiple data sources and how to effectively use data in educational and classroom instructional decisions.

4. Provide the Department with evidence that candidates are provided instruction and practice in how to appropriately integrate technology when working with students.

5. A description of the assessment plan for measuring each candidate's competencies as they progress through courses, seminars, or modules of study and field experiences to ensure readiness for a capstone experience. The plan shall require, at a minimum, that candidates demonstrate competencies as articulated in the Board approved professional teaching standards or professional administrative standards, relevant Board approved academic standards, and relevant national standards. The plan shall also describe processes for utilizing performance-based assessments and for providing candidates with necessary remediation. Programs applying for approval in school psychology and guidance counseling shall only be required to demonstrate compliance with relevant national standards.

6. A description of the procedures used to monitor and evaluate the operation, scope and quality of the educator preparation program being considered for approval. This shall include the use of internal and external evaluations, and may include stakeholder surveys, program completer employment information, and PreK through 12 student achievement data.

7. An educator preparation program matrices demonstrating that program course, seminar, or module assessments, field experiences and capstone experiences measure candidates' success in meeting the Board approved professional teaching standards or professional administrative standards, and relevant national standards. Educator preparation programs applying for approval in school psychology and guidance counseling shall only be required to demonstrate compliance with relevant national standards.

8. A plan for how the education preparation program will notify and assist program participants and partner schools if the educator preparation program closes.

D. The Department may schedule and conduct an onsite visit upon completion of the educator preparation programs review for professional preparation institutions seeking initial approval. The onsite visit may include a tour of the professional preparation institution; a review of documentation and related evidence; and interviews of relevant staff, educator candidates, and local education agency, private agency or other PreK through 12 administrators who employ program completers.

E. Upon completion of the review, and onsite review if applicable, the Department shall, within 90 days, provide the professional preparation institution with a program report of the Department's findings. This report shall cite any evidence showing deviation from each relevant standard Board approved professional teaching standard, professional administrative standard, and relevant national standard that applies to the educator preparation program. The professional preparation institution shall have 30 days from receipt of the Department's program report to submit a response addressing any identified deficiencies.

F. Based upon the Department's program report, the Department shall recommend to the Board that the educator preparation program be approved or denied.

G. The Board may grant educator preparation program approval for a period not to exceed six years or deny program approval.

H. Within 60 days of the Board's action, a professional preparation institution may request reconsideration of the Board's decision to deny an educator preparation program.

I. Professional preparation institutions with Board approval shall make available to the public a statement indicating the valid period for which the educator preparation program has been approved.

J. Professional preparation institutions with Board approved educator preparation programs shall comply with the reporting requirements established by Title II of the Higher Education Act (P.L. 110-315).

K. Each approved professional preparation institution shall submit a biennial report with the Department documenting educator preparation program activities for the previous two years. The biennial report shall include the following:

1. A description of any substantive changes in courses, seminars, modules, assessments, field experiences or capstone experiences in Board approved educator preparation programs;

2. Electronic access to relevant educator preparation program information;

The name, title and original signature of the certification officer for the professional preparation institution;

4. Relevant data on the educator preparation program, relevant staff, and candidates, which may include, but is not limited to, stakeholder surveys, completer data, and student achievement data required as a condition of initial or continuing program approval.

L. The Department shall provide annual updates to the Board and make publicly available information summarizing the biennial reports to include, but not limited to, program status, deficiencies, and commendations.

M. Board approved educator preparation programs shall provide their program completers with an institutional recommendation for issuance of the appropriate Arizona certification within 45 days.

N. To maintain Board educator preparation program approval, the professional preparation institution shall be in continuous operation and training candidates in accordance with its mission and program objectives, fulfill all reporting requirements, and maintain compliance with all applicable local, state, tribal and federal requirements.

O. The Department shall provide a timeline for professional preparation institutions to submit educator preparation programs for approval.

P. Professional preparation Institutions seeking renewal of educator preparation program approval shall submit the required preliminary documents for review at least six month prior to the program expiration date.

History

• New Section made by exempt rulemaking at 16 A.A.R. 318, effective August 29, 2006 (Supp. 09-1). Amended by exempt rulemaking at 21 A.A.R. 2047, effective 10/27/2015. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-604.03 Alternative Educator Preparation Program Approval Process

A. An organization that includes, but is not limited to, universities under the jurisdiction of the Arizona Board of Regents, community colleges in this state, private postsecondary institutions licensed by this state, school districts, charter schools, professional organizations, nonprofit organizations, private entities and regional training centers that oversee one or more educator preparation program which wishes to offer a program for an alternative route for the certification of teachers and administrators in this State shall apply to the Department of Education for review to become an approved provider of such a program. The Department of Education shall convene a review team to review the application, using a rubric approved by the Board, and submit a recommendation to the Board. The application shall include:

1. The name and location of the applicant;

2. The name of the program;

3. If the applicant is accredited, the name of the regional accrediting body and the accreditation status of the applicant;

4. If the applicant is a private postsecondary educational institution, evidence that the applicant is licensed to operate by the State Board of Private Postsecondary Education pursuant to A.R.S. § 32-3021;

5. A description of the budget of the program;

6. A list of all staff members responsible for the administration of the program, the roles and responsibilities of each person and his or her credentials;

7. The areas of certification for which the applicant will offer the program;

8. A description of the program, which shall include:

a. The way in which the elements of the program will comply with the requirements of this Section and R7-2-602, R7-2-603 as applicable and A.R.S. § 15-501.01;

b. The application and review process for persons to enroll in the program, including a copy of all forms that will be used in the process;

c. A summary of the program courses, seminars, or modules of study; and

d. The supervised, school-based experiences the applicant will provide, including:

i. The name of each school and school district that will participate in the supervised, school-based experience, evidenced by a letter or other communication from the school or school district that demonstrates interest in participating;

ii. The length of time for which a candidate will be required to participate in the supervised, school-based experience, including any orientation that the candidate must complete;

iii. The manner by which candidates will be mentored by an effective or highly effective teacher and evaluated during the supervised, school-based experience;

iv. How the supervised, school-based experience will promote the effectiveness of teachers and administrators, as appropriate; and

v. A copy of all forms that will be used for the supervised, school-based experience process;

9. If available, data on the efficacy of its preparation program which may include stakeholder surveys, completer data, and student achievement data;

10. A statement of the estimated time it will take a candidate enrolled in the program to complete the program, which shall allow for completion of the program within one year but not more than three years;

11. A description of the manner by which the applicant will evaluate the success or failure of each candidate enrolled in the program and track the progress of each such candidate, including a copy of all forms that will be used for the evaluation and tracking;

12. A description of how the applicant will evaluate the success of the program, which must include the information required for the evaluation pursuant to R7-2-604.02(K)(4) ;

13. A plan for how the education preparation program will notify and assist program participants and partner schools if the educator preparation program closes.

B. Upon receipt of an application for approval as an approved provider pursuant to subsection (A), the Department of Education shall convene a review team that shall:

1. Examine the application;

2. Determine whether to recommend that the State Board of Education grant its approval of the application based upon the requirements of this Section and the Board-approved rubric without any additional requirements; and

Submit its recommendation to the State Board of Education within 90 days of receipt of the application.

C. The State Board of Education shall review the recommendation of the review team and provide to the applicant written notice of its approval or denial. The State Board of Education may grant provisional approval to an applicant pursuant to subsection (D). If the State Board of Education denies an application, the applicant may correct any deficiencies identified in the notice of denial and resubmit the application for review by the Department within 30 days of the denial. The review team shall review the resubmitted application and submit its recommendation to the Board within 60 days of receipt of the resubmitted application.

D. If the State Board of Education grants an applicant provisional approval, the applicant may offer the program for an alternative route to certification described in the application for the period prescribed by the State Board of Education. The applicant must remove all the provisions under which the approval was issued before the expiration of the provisional approval. If the applicant removes the provisions within the prescribed time, the State Board of Education will grant nonprovisional approval to the applicant as an approved provider. Provisional approval is valid for two years after the date on which the State Board of Education granted provisional approval. If an applicant does not remove all the provisions within the prescribed time, the provisional approval is automatically revoked.

E. Except as otherwise provided in subsection (D), if an applicant is approved as an approved provider pursuant to this Section, the approval is valid for six years after the date of approval. To continue the approval, the qualified provider must submit an application for renewal before the expiration of the approval to the Department of Education. If the application for renewal is approved by the State Board of Education, the renewal is valid for six years after the date of the approval.

F. If an approved provider intends to offer a program for an alternative route to certification for an area of certification that is different from the area of certification for which the qualified provider has been approved, the qualified provider must submit a new application pursuant to subsection (A) to offer a program for an alternative route to certification for that area of certification.

G. An approved provider shall provide its program completers with an institutional recommendation for issuance of the appropriate Arizona alternative path certification within 45 days. An approved provider seeking renewal of its program approval shall submit the required renewal application for review at least 90 days prior to the program expiration date.

H. Each qualified provider must submit a report once every two years which includes:

1. A description of any substantive changes in courses, seminars, modules or assessments in the Board approved educator preparation programs;

2. The name, title and original signature of the certification officer for the professional preparation institution; and

Relevant data on the educator preparation program, relevant staff, and candidates, which may include, but is not limited to, stakeholder surveys, completer data, and student achievement data required as a condition of continuing program approval.

I. The Department shall:

1. Present the results of the report to the State Board of Education; and

After the results have been presented to the State Board of Education, post the report on the Department's website.

J. Each qualified provider shall cooperate with the State Board of Education and the Department in the evaluation of the effectiveness of this Section.

History

• New Section made by exempt rulemaking at 16 A.A.R. 728, effective March 22, 2010 (Supp. 10-3). Amended by exempt rulemaking at 21 A.A.R. 2047, effective 10/27/2015. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 25 A.A.R. 965, effective 3/25/2019. Amended by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-604.04 Revocation of approval of qualified provider: Notification of intent; requirements of exit plan

Professional Preparation Institutions that submit an alternative educator preparation program(s) for Board approval must adhere to R7-2-604.02, except that individuals participating in or completing Board approved alternative educator preparation programs as delineated in this section may apply for a teaching intern certificate, pursuant to R7-2-614(E), and may complete their field experience and capstone experiences during the valid period of their teaching intern certificate.

A. The State Board of Education may revoke its approval of an approved provider if the Board determines that the program for an alternative route to certification offered by the qualified provider does not meet the applicable requirements of R7-2-604.03.

B. Before the Board revokes its approval of an approved provider, the Board will notify the qualified provider of its intent to revoke approval. The notice must include the specific reasons upon which the Board is basing its decision. Not later than 30 days after the date on which the qualified provider receives the notice, the qualified provider may submit a written response to the Board which sets forth the reasons why approval should not be revoked. The Board will review the notice and any response submitted by the qualified provider and will determine whether to:

1. Revoke the approval of the qualified provider;

2. Allow the qualified provider to continue providing the program for an alternative route to certification if certain enumerated conditions are met; or

3. Allow the continued approval of the qualified provider without conditions.

C. If the Board revokes its approval of an approved provider, the qualified provider must provide an exit plan which includes a description of how the qualified provider will assist candidates enrolled in the program for an alternative route to certification in completing another program with a different qualified provider at no cost to the candidate.

History

• New Section made by exempt rulemaking at 16 A.A.R. 728, effective March 22, 2010 (Supp. 10-3). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 10/27/2015. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017.

Ariz. Admin. Code § R7-2-604.05 Classroom-Based Alternative Preparation Program Approval Process

A. A school district or charter school may apply to the Board for approval as a classroom-based alternative preparation program provider. The Department shall facilitate the Board approval process and prescribe an application form that shall include the following:

1. The name of the program and the school district or charter school applying;

2. The areas of certification for which the applicant will offer the program;

3. Verification that individuals enrolled in the program will have a bachelor's degree from an accredited institution, or will meet all of the following criteria:

a. Will be currently enrolled in an accredited public or private postsecondary institution's bachelor's degree program;

b. Will not be a contracted or permanent full-time teacher or teacher of record for any classroom of students, except those enrollees may be employed by the school district or charter school; and

c. Will not regularly instruct students without the presence of a full-time teacher, certificated teacher, instructional coach or instructional mentor unless the individual possesses other means of certification.

4. Verification that individuals to be enrolled in the program will meet the background requirements and have a valid fingerprint card issued by the Arizona Department of Public Safety pursuant to A.R.S. § 15-534;

a. An emergency teaching certificate; or

b. An alternative teaching certificate.

c. Individuals enrolled at a charter school classroom-based alternative preparation program are not required to possess a certificate.

4. Data supporting the efficacy of its teacher preparation program, which may include stakeholder surveys, completer data and student achievement data. The school district or charter school may contract with a third party provider to provide the classroom based alternative preparation program and may use that program's efficacy data to meet this requirement.

6. A list of all staff members responsible for administering the program and the roles and responsibilities of each person;

7. A description of the program, which shall include the following:

a. A program sequence or training schedule; and

b. Information regarding the mentoring and coaching of teacher candidates.

8. The school district or charter school may provide information on professional expectations, professional requirements, or student achievement requirements that exceed expectations and requirements of this section, including requiring candidates to complete specified coursework or trainings.

9. A plan for how the program will notify and assist program participants if the program or school closes.

B. Upon receipt of an application for approval as a classroom-based preparation program provider, the Department shall convene a review team that shall:

1. Examine the application;

2. Determine whether to recommend that the Board grant its approval of the application based upon the requirements of this Section and a Board-approved rubric; and

3. Submit its recommendation to the State Board of Education within 90 days of receipt of the application.

C. The State Board of Education shall review the recommendation of the review team and provide to the applicant written notice of its approval or denial.

D. If the Board denies an applicant for program approval, the applicant may correct any deficiencies identified in the notice of denial and resubmit the application for review by the Department within 30 days of the denial. The review team shall review the resubmitted application and submit its recommendation to the Board within 60 days of receipt of the resubmitted application.

E. If the Board approves an applicant as a classroom-based preparation program provider, the approval is valid for six years after the date of approval. To continue as a program provider, the school district or charter school shall apply for renewal before the expiration of its current approval. If the application for renewal is approved by the Board, the renewal is valid for six years after the date of the approval.

F. Approved classroom-based alternative preparation program providers shall submit a new application pursuant to subsection (A) to offer a program in an additional certification area.

G. Each qualified provider shall submit a report once every two years that includes:

1. A description of any substantive changes in courses, seminars, modules or assessments in the Board approved classroom-based preparation programs;

2. The name, title and original signature of the certification officer for the approved program provider;

3. Relevant data on the educator preparation program, relevant staff, and candidates, which may include, but is not limited to, stakeholder surveys, completer data, and student achievement data required as a condition of continuing program approval.

H. Classroom-based preparation program providers shall provide program completers with an institutional recommendation for the appropriate Classroom-Based Standard Teaching Certificate within 45 days of program completion.

History

• Adopted by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-604.06 Locally Based School Leadership Preparation Program Approval Process

A. A school district or charter school may apply to the Board for approval as a locally based school leadership preparation program provider. The Department shall administer the Board approval process and prescribe an application form, which shall include the following:

1. The name of the program and the school district or charter school applying;

2. A list of all staff members responsible for administering the program and the roles and responsibilities of each person;

3. The areas of certification for which the applicant will offer the program;

4. A description of the program, which shall include the following:

a. A program sequence or training schedule; and

b. Information regarding the learning experiences, mentoring and coaching of school leader candidates.

5. Evidence supporting the efficacy of the school district's or charter school's preparation program. A school district or charter school may contract with a third party provider to provide or assist in the preparation in the preparation program and may use that program's efficacy evidence to meet this requirement.

6. Verification that individuals enrolled in the program will have a bachelor's degree from an accredited institution;

7. Verification that individuals enrolled in the program will meet the background requirements and have a valid fingerprint card issued by the Arizona Department of Public Safety pursuant to A.R.S. § 15-534.

8. A plan for how the program will notify and assist program participants if the program or school closes.

B. Upon receipt of an application for approval as a locally-based school leadership preparation program provider, the Department shall convene a review team that shall:

1. Examine the application;

2. Determine whether to recommend that the Board grant its approval of the application based upon the requirements of this Section and a Board-approved rubric; and

3. Submit its recommendation to the State Board of Education within 90 days of receipt of the application.

C. The State Board of Education shall review the recommendation of the review team and provide to the applicant written notice of its approval or denial.

D. If the Board denies an applicant for program approval, the applicant may correct any deficiencies identified in the notice of denial and resubmit the application for review by the Department within 30 days of the denial. The review team shall review the resubmitted application and submit its recommendation to the Board within 60 days of receipt of the resubmitted application.

E. If the Board approves an applicant as a locally based school leadership preparation program provider, the approval is valid for six years after the date of approval. To continue as a locally based school leadership program provider, the school district or charter school shall apply for renewal before the expiration of its current approval. If the application for renewal is approved by the Board, the renewal is valid for six years after the date of the approval.

G. Locally based leadership program providers shall provide program completers with an institutional recommendation for the appropriate locally based pathway standard administrative certificate within 45 days of program completion.

History

• New Section made by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-605 Certification Responsibility

The Superintendent of Public Instruction or the Superintendent's designee shall be responsible for the issuance and evaluation of the appropriate certificates based on the applicant's compliance with the statutes and rules.

History

• Repealed effective December 4, 1978 (Supp. 78-6). New Section R7-2-605 adopted effective April 10, 1984 (Supp. 84-2). Editorial correction, new Section R7-2-605 shown adopted effective April 10, 1984 should read new Section R7-2-605 adopted effective October 1, 1985. Amended by adding a new subsection (B) effective December 18, 1985 (Supp. 85-6). Amended by adding subsection (C), filed May 5, 1986, effective July 1, 1987; amended by adding subsection (D) effective June 30, 1986 (Supp. 86-3). Correction to Historical Note dated June 30, 1986, second part should have read: "...amended by adding subsections (D), (E), (F), (G) and (H) effective June 30, 1986"; amended subsection (A) effective August 10, 1988 (Supp. 88-3). Amended effective September 12, 1989 (Supp. 89-3). Amended effective November 6, 1990; Amended effective December 12, 1990 (Supp. 90-4). Amended effective March 10, 1994 (Supp. 94-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4).

Ariz. Admin. Code § R7-2-606 Proficiency Assessments

A. The Arizona Teacher Proficiency Assessment is adopted as the proficiency assessment for applicants for teaching certificates. The Arizona Administrator Proficiency Assessment is adopted as the proficiency assessment for applicants for administrative certificates.

B. The subject knowledge portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602 related to the teacher's knowledge of the certification subject area or areas.

C. The professional knowledge portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602 related to the teacher's pedagogical knowledge.

D. The performance assessment portion of the Arizona Teacher Proficiency Assessment shall assess proficiency as described in R7-2-602(B), (C), (D), (E), (F), and (G) as a requirement for certification of elementary, secondary, and special education teachers. In lieu of a passing score on the performance portion of the Arizona Teacher Proficiency Assessment, a teacher who holds a provisional teaching certificate may convert such certificate within two months prior to its expiration to a standard elementary, secondary, or special education teaching certificate pursuant to subsection (H) until the Board adopts the performance assessment portion of the Arizona Teacher Proficiency Assessment. The Board shall adopt the performance assessment portion of the Arizona Teacher Proficiency Assessment, or make a decision that a performance assessment will no longer be required as part of the Arizona Teacher Proficiency Assessment.

E. The Arizona Administrator Proficiency Assessment shall assess professional knowledge as described in R7-2-603 as a requirement for certification of administrators, supervisors, principals, and superintendents.

F. E. The passing score for each assessment shall be determined by the Board using the results of validity and reliability studies. The passing score for each assessment shall be reviewed by the Board at least every three years.

G. F. The proficiency assessments for professional knowledge and subject knowledge. for a certificate, endorsement, or approved area shall be approved by the Board.

H. The provisional elementary, secondary, or special education certificate allows the beginning teacher up to four semesters or two school years of teaching experience before completing the performance assessment portion of the Arizona Teacher Proficiency Assessment.

1. If the Board has adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment but the teacher does not have full-time teaching experience for four semesters or two school years, the certificate shall, upon the written request of the holder, be extended once for the equivalent of the time the teacher was not employed during the provisional certification period.

2. If the Board has adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment and the teacher has been employed for four semesters or two school years and has taken but not passed the performance assessment, the certificate shall be extended once, for one year, upon the written request of the holder.

3. If the teacher has been employed full-time for four semesters or two school years in a private school, public school, charter school, or parochial school or any Department of Defense dependent school or in a closely related education field and the Board has not yet adopted the performance portion of the Arizona Teacher Proficiency Assessment, the provisional certificate shall be converted within two months prior to its expiration to a standard teaching certificate upon verification by the teacher to the Department that the teacher has had four semesters or two school years of teaching experience or experience in a closely related education field. "Closely related education field" means employment involving the presentation of instruction to K through 12 students whether self-employed or employed by a private, parochial, public, or charter school.

4. If the teacher has not been employed full-time for four semesters or two school years in a private school, public school, charter school, or parochial school or any Department of Defense dependent school or in a closely related education field, and the Board has not yet adopted the performance assessment portion of the Arizona Teacher Proficiency Assessment, the provisional certificate shall be extended once for three years, upon written request of the holder to the Department. "Closely related education field" means employment involving the presentation of instruction to K through 12 students whether self-employed or employed by a private, parochial, public, or charter school.

5. If the performance assessment portion of the Arizona Teacher Proficiency Assessment is adopted by the Board prior to the expiration of a teacher's provisional certificate, the provisional certificate shall be extended once for two years, upon written request of the holder to the Department, to allow the teacher additional time in which to take the performance portion of the assessment.

I. If the provisionally certified teacher has taken but not passed the performance assessment by the expiration date on the extended certificate pursuant to subsection (H)(1) or (2) of this Section, the individual may reapply for a provisional certificate after one year, upon verification of the following:

1. Efforts to remediate deficiencies identified in the performance assessment,

2. Passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment, and

3. Completion of the requirements for the provisional certificate which are in effect at the time of reapplication.

History

• Repealed effective December 4, 1978 (Supp. 78-6). New Section adopted effective March 10, 1994 (Supp. 94-1). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-606 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). Emergency Section R7-2-606 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3739, effective August 5, 2002 for a period of 180 days (Supp. 02-3). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 for a period of 180 days (Supp. 02-4). August 5, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 9 A.A.R. 522, effective January 31, 2003 for a period of 180 days (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by final exempt rulemaking at 24 A.A.R. 1427, effective 4/23/2018.

Ariz. Admin. Code § R7-2-607 General Certification Provisions

A. The evaluation to determine qualification for certification shall not begin until an institutional recommendation or application for certification and official transcripts, and the appropriate fees have been received by the Department. Course descriptions, verification of employment, and other documents may also be required for the evaluation.

B. Unless otherwise specified, a standard certificate shall be issued for 12 years and may be issued with deficiencies. Applicants may receive a standard certificate with the following deficiencies of requirements to be completed within three years: research-based phonics; reading instruction including for students with dyslexia; professionalism and ethics; and U.S. and Arizona Constitutions. If an applicant fails to meet these requirements within the prescribed time period, the Department of Education or the Board shall temporarily suspend the standard certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining time of the standard certification.

C. The effective date of a new certificate shall be the date the evaluation is completed by the Department. The effective date of a renewed certificate shall be the date the evaluation for renewal is completed by the Department.

D. Unless otherwise specified, all certificates and provisional endorsements issued for three years or less shall expire on the date of issuance in the year of expiration. All certificates issued for more than three years shall expire on the holder's birth date in the year of expiration.

E. Only those degrees awarded by an accredited institution shall be considered to satisfy the requirements for certification.

F. Professional preparation programs, courses, practica, and examinations required for certification shall be taken at an accredited institution or a Board-approved teacher preparation program.

G. Only those courses in which the applicant received a passing grade or credit shall be considered to satisfy the requirements for certification.

H. All certificates issued by the Department are considered to have been issued in conformance with these rules, except on a finding that an applicant submitted falsified or misrepresented documents, records, or facts in an application for certification or on a finding that a certificate was issued in error due to an error by the verifying authority or issuing authority. If the Department makes a finding pursuant to this subsection, the Department shall provide notice to the applicant of the finding. Within 60 days of the date of the notice, the applicant shall submit proof to the Department that the applicant meets the requirements for the certification. If the applicant is unable to provide proof they meet the requirements within 60 days of receipt of notice, the Department shall reclaim the certificate. Reclaiming a certificate pursuant to this subsection is not considered a disciplinary action but the Department shall refer the case for investigation pursuant to R7-2-1308 for findings that an applicant submitted falsified or misrepresented documents, records, or facts.

I. The Department shall issue a comparable standard Arizona certificate described in R7-2-608, R7-2-609, R7-2-610, R7-2-611, R7-2-612 or R7-2-613 to an applicant who holds a valid certification from the National Board for Professional Teaching Standards, possess a valid fingerprint clearance card issued by the Arizona Department of Public Safety, and holds a bachelor's, master's or doctoral degree from an accredited institution. These applicants are exempt from all portions of the Arizona Teacher Proficiency Assessment.

J. An applicant is not required to take any portion of the Arizona Teacher Proficiency Assessment if the applicant has at least three years of full-time teaching experience in any state, including this state, in the comparable area of certification or endorsement in which the person is applying for certification, regardless of whether the applicant was certified or uncertified. An applicant is not required to take any portion of the Arizona Administrator Proficiency Assessment if the person has at least three years of full-time experience in a school leadership position in any state, including this state, regardless of whether the applicant was certified or uncertified.

K. An applicant is exempt from the testing requirements for Arizona certificates if the applicant passed corresponding portions of a professional or subject knowledge examinations, or administrator examination adopted by a state agency in another state that are similar to the Arizona Teacher Proficiency Assessments or the Arizona Administrator Proficiency Assessment.

L. An applicant is exempt from the subject knowledge portion of the Arizona Teacher Proficiency Assessment if:

1. The applicant provides verification of teaching courses relevant to a content area or subject matter for the last two consecutive years, and for a total of at least three years at one or more accredited postsecondary institutions; or

2. The applicant obtained a bachelor's, master's or doctoral degree from an accredited institution in a relevant subject area; or

3. The applicant provides verification of a minimum of five years of work experience that is relevant to a subject area of certification.

M. Unless otherwise specified, individuals who hold a valid Arizona elementary, middle grades or secondary certificate, or a special education certificate that includes grades six through 12, may add an approved area to their certificate by passing the appropriate subject area portion of the Arizona Teacher Proficiency Assessment or as provided in subsections (J), (K) and (L). Any approved area shall be specified on the certificate. If a proficiency assessment is not offered in a subject area, an approved area shall consist of a minimum of 24 semester hours of courses in the subject.

N. If a language assessment is not offered through the Arizona Teacher Proficiency Assessment, a passing score on a nationally accredited test of a foreign language approved by the Board may demonstrate proficiency of that foreign language in lieu of the 24 semester hours of courses in that subject.

O. A teacher's language proficiency in a Native American language shall be verified by a person, persons, or entity designated by the appropriate tribe in lieu of the 24 semester hours of courses in that subject.

P. Teachers of homebound students shall hold the same certificate that is required of a classroom teacher.

Q. Fingerprint clearance cards shall be issued by the Arizona Department of Public Safety.

R. A person who surrenders their teaching certificate for any reason shall not submit an application for certification with the Board for a period of five years. A person re-applying after the five-year ban must apply under the current rules at the time of re-application.

S. Notwithstanding any other provision, an individual with a deficiency in the Arizona and U.S. Constitutions who teaches an academic course that focuses primarily on history, government, social studies, citizenship, law or civics shall be issued a standard certificate subject to suspension in one year if that deficiency is not removed. The suspension is not considered a disciplinary action and the individual shall be allowed to correct that deficiency within the remaining time of the standard certification.

T. As used in this Article, unless otherwise provided, "work experience" means paid or unpaid work, including teaching experience as a certificated or noncertificated educator at a public or private school, which demonstrates knowledge or skill relevant to a subject area. Work experience, and its relevance to a subject area, shall be verified with one of the following:

1. A letter from a superintendent or personnel director that the applicant demonstrates knowledge or skill in the subject area that is comparable to holding a bachelor's degree, master's degree, or doctoral degree in that subject area, as identified in a resume;

2. A letter from a public or private school superintendent or personnel director, in this state or in another state, that the applicant has the requisite experience teaching the most advanced Arizona academic standards, or comparable out-of-state standards, in the subject area sought; or

If an applicant is unable to obtain a letter described in subsections (T)(1) or (2), the applicant may submit a letter from a current or former supervisor verifying that the applicant demonstrates knowledge or skill in the subject area that is comparable to holding a bachelor's degree, master's degree, or doctoral degree in that subject area, as determined by the Department.

U. Single subject classroom teachers in grades six through 12 are required to be appropriately certified for the subject they teach for the greater part of their instructional schedule. If a teacher is assigned to two or more subjects for equal parts of their instructional schedule, the teacher is required to be appropriately certified in each subject.

V. The requirements to be considered appropriately certified for a self-contained, single subject, or other classroom shall be established in the Certification Guidelines for Teaching Assignments, which shall be approved by the Board and on file with the Department.

History

• Adopted effective December 5, 1977 (Supp. 77-6). Repealed effective December 4, 1978 (Supp. 78-6). New Section adopted effective May 3, 1993 (Supp. 93-2). Amended effective March 6, 1997 (Supp. 97-1). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 16 A.A.R. 102, effective May 1, 2009 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 160, effective October 26, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 324, effective January 25, 2010 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 12/8/2014. Amended by exempt rulemaking at 22 A.A.R. 648, effective 1/25/2016. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-607.01 Subject Areas - Waiver

Notwithstanding any other provision in this article, any individual with a valid Elementary or Secondary certificate, or a Special Education certificate that includes grades six through 12, issued prior to August 1, 2016 may add one or more approved areas to the certificate prior to August 1, 2017 without any additional requirements provided the individual received an evaluation in the top two levels of performance on the most recent teacher evaluation related to one or more of the subject areas and meets one of the following requirements:

1. The individual was teaching in one or more subject areas based on a verified Arizona High, Objective, Uniform, State Standard of Evaluation (HOUSSE) rubric as highly qualified to teach the subject area(s) as defined under the No Child Left Behind Act; or

2. The individual has completed of a minimum of 24 semester hours of courses in the subject area(s).

History

• Adopted by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017.

Ariz. Admin. Code § R7-2-608 Early Childhood Education Teaching Certificate

A. The Standard Professional Early Childhood Education Certificate authorizes the holder to teach students in a birth through grade three classroom. An individual who holds a Standard Professional Early Childhood Education certificate described in this section in combination with an Arizona cross categorical, specialized special education, mild/moderate disabilities, or moderate/severe disabilities special education certificate described in R7-2-611 is also authorized to teach early childhood special education, birth-age eight or grade three.

B. For the purposes of this Section, public school early childhood education programs means education programs provided by local education agencies, including their sub-grantees and contracted providers, for children birth through age 8 for the purpose of providing academically and developmentally appropriate learning opportunities that are standards-based with defined curriculum and comprehensive in content to include all appropriate developmental and academic areas as defined by the Arizona Early Childhood Education Standards or the Arizona K through 12 Academic Standards approved by the Board.

C. B. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619 .

D. Standard Professional Early Childhood Education Certificate - birth through age 8 or through grade three. The requirements are:

1. A bachelor's degree, and

2. One of the following:

a. Completion of a teacher preparation program in early childhood education from an accredited institution or a teacher preparation program approved by the Board, or

b. Early childhood education coursework and practicum experience which teaches the knowledge and skills described in R7-2-602 and includes both of the following:

i. Thirty-seven semester hours of early childhood education courses to include all of the following areas of study:

(1) Foundations of early childhood education;

(2) Child guidance and classroom management;

(3) Characteristics and quality practices for typical and atypical behaviors of young children;

(4) Child growth and development, including health, safety and nutrition;

(5) Child, family, cultural and community relationships;

(6) Developmentally appropriate instructional methodologies for teaching language, math, science, social studies and the arts;

(7) Early language and literacy development;

(8) Assessing, monitoring and reporting progress of young children; and

ii. A minimum of eight semester hours of practicum, including:

(1) A minimum of four semester hours in a supervised field experience, practicum, internship or student teaching setting serving children birth through preschool. One year of full-time verified teaching experience with children in birth through preschool may substitute for this student teaching experience. This verification may come from a school-based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities; and

(2) A minimum of four semester hours in a supervised student teaching setting serving children in kindergarten through grade three. One year of full-time verified teaching experience with children in kindergarten through grade three in an accredited school may substitute for this student teaching experience; or

c. A valid early childhood education certificate from another state

3. A valid Fingerprint Clearance Card issued by the Arizona Department of Public Safety, and

4. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment once that portion of the AEPA is adopted by the Board, and

5. A passing score on the early childhood subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge examination.

E. C. Standard Professional Early Childhood Education Certificate - birth through grade three.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in early childhood education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. At least forty-five classroom hours of Department-approved training or three college-level credit hours, or the equivalent, in research-based science of reading, including systematic phonics;

ii. At least 45 classroom hours of Department-approved training or three college-level credit hours, or the equivalent, in research-based reading instruction, including training on assessments, instructional practices and interventions to improve student reading proficiency. The instruction provided must meet the requirements for dyslexia training prescribed in A.R.S. § 15-219;

iii. Foundations of early childhood education;

iv. Teaching students with exceptionalities;

v. Child guidance and classroom management, including characteristics and quality practices for typical and atypical behaviors of young children;

vi. Child growth and development, including health, safety and nutrition;

vii. Child, family, cultural and community relationships;

viii. Developmentally appropriate instructional methodologies for teaching language, math, science, social studies and the arts;

ix. Assessing, monitoring and reporting progress of young children;

x. Instructional design and lesson planning, including modifications and accommodations;

xi. Practicum as described in R7-2-604 serving children birth through preschool;

xii.xi. Professional responsibility and ethical conduct; and

xiii.xii. Twelve-week capstone experience as described in R7-2-604 in a preschool through grade three classroom, which may be completed during the valid period of an alternative teaching or student teaching intern certificate. One year of verified full-time teaching experience in preschool through grade three may be substituted for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A valid Fingerprint Clearance Card issued by the Arizona Department of Public Safety;

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A passing score on the early childhood subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge examination pursuant to the provisions in R7-2-607.

2. Applicants may meet the requirements in subsection (E)(1)(b) with the submission of an application for the Standard Professional Early Childhood Education certificate that includes evidence of two years of verified full-time teaching experience serving children birth through grade three, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (E)(1)(b)(i) through (x).

History

• Adopted effective May 20, 1994 (Supp. 94-2). Section repealed; new Section adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-608 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Former Section R7-2-608 recodified to R7-2-609 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). New Section R7-2-608 made by exempt rulemaking at 16 A.A.R. 52, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 119, effective September 21, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 235, effective December 7, 2009 (Supp. 10-3). Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 30 A.A.R. 2547, effective 7/24/2024.

Ariz. Admin. Code § R7-2-609 Elementary Teaching Certificate

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619 .

B. Standard Professional Elementary Certificate - grades K through eight. The requirements are:

1. A bachelor's degree,

2. One of the following:

a. Completion of a teacher preparation program in elementary education from an accredited institution or a Board-approved teacher preparation program, described in R7-2-604 ; or

b. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including at least eight semester hours of practicum in grades K through eight. Two years of verified teaching experience in grades Prekindergarten through eight may be substituted for the eight semester hours of practicum; or

c. A valid elementary certificate from another state.

3. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

4. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment;

5. A valid fingerprint card issued by the Arizona Department of Public Safety; and

6. Forty-five hours or three semester hours of instruction in research-based systematic phonics. An accredited institution or other provider may provide this instruction.

C. Standard Professional Elementary Certificate - grades kindergarten through eight.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in elementary education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. At least forty-five classroom hours of Department-approved training or three semester hours of college-level coursework, or the equivalent, in research-based science of reading systematic phonics;

ii. At least forty-five classroom hours of Department-approved training or three semester hours of college coursework, or the equivalent, in research-based reading instruction, including training on assessments, instructional practices and interventions to improve student reading proficiency. Instruction provided must meet the requirements for dyslexia training prescribed in A.R.S. § 15-219;

iii. Developmentally appropriate instructional delivery, facilitation and methodologies for teaching language, math, science, social studies and the arts;

iv. Instructional design and lesson planning, including modifications, and accommodations;

v. The learning environment, including classroom management;

vi. Assessing, monitoring and reporting progress;

vii. Teaching students with exceptionalities;

viii. Professional responsibility and ethical conduct; and

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades kindergarten through eight, which may be completed during the valid period of an alternative teaching or student teaching intern certificate. One year of verified full-time teaching experience in grades kindergarten through eight may be substituted for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant qualifies for a waiver of the subject knowledge assessment pursuant to the general certification provisions in R7-2-607 ; and

e. A valid fingerprint card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (C)(1)(b) with the submission of an application for the Standard Professional Elementary certificate that includes evidence of two years of verified full-time teaching experience in grades kindergarten through eight, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (C)(1)(b)(i) through (viii).

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-609 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Former R7-2-609 recodified to R7-2-610 ; new R7-2-609 recodified from R7-2-608 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). R7-2-609"Prekindergarten" corrected to "PreK" at request of the Board, Office File No. M09-444, filed November 24, 2009 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 235, effective December 7, 2009 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2947, effective 9/24/2018. Amended by final exempt rulemaking at 30 A.A.R. 2547, effective 7/24/2024.

Ariz. Admin. Code § R7-2-609.01 Middle Grades Teaching Certificate

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard Professional Middle Grades Certificate - grades five through nine

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in middle grades education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Early adolescent psychology;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Instructional design and lesson planning, including modifications and accommodations;

iv. The learning environment, including classroom management;

v. Developmentally appropriate instructional delivery, facilitation and methodologies;

vi. Assessing, monitoring and reporting progress;

vii. Teaching students with exceptionalities;

viii. Professional responsibility and ethical conduct; and

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades five through nine, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified full-time teaching experience in grades five through nine may be substituted for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on at least one subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in the relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment; and

e. A valid fingerprint card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (B)(1)(b) with the submission of an application for the Standard Professional Middle Grades certificate that includes evidence of two years of verified full-time teaching experience in grades five through nine, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (B)(1)(b)(i)-(viii).

History

• New Section made by final exempt rulemaking at 24 A.A.R. 791, effective 3/26/2018.

Ariz. Admin. Code § R7-2-610 Secondary Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard Professional Secondary Certificate - grades six through 12

1. The certificate is valid for three years and is not renewable but may be extended as set forth in R7-2-606(H) or (I) .

2. The requirements are:

a. 1. A bachelor's degree,

b. 2. One of the following:

i. a. Completion of a teacher preparation program in secondary education from an accredited institution or a Board-approved teacher preparation program, described in R7-2-604 ; or

ii. b. Thirty semester hours of education courses which teach the knowledge and skills described in R7-2-602, including at least eight semester hours of practicum in grades six through 12. Two years of verified teaching experience in grades six through postsecondary may substitute for the eight semester hours of practicum; or

iii. c. A valid secondary certificate from another state.

c. 3. A passing score on one or more subject knowledge portions of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant subject area or otherwise qualifies for a waiver of the subject knowledge exam;

d. 4. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. 5. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

C. Standard Secondary Certificate - grades six through 12

1. The certificate is valid for six years.

2. The requirements are:

a. A provisional secondary certificate;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment. If a performance portion of the Proficiency Assessment has not been adopted by the Board, two years of verified full-time teaching experience may be used to fulfill this requirement; and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

C. Standard Professional Secondary Certificate - grades six through 12 for applications received on and after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in secondary education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

ii. Instructional design and lesson planning, including modifications and accommodations;

iii. The learning environment, including classroom management;

iv. Developmentally appropriate instructional delivery, facilitation and methodologies;

v. Assessing, monitoring and reporting progress;

vi. Teaching students with exceptionalities;

vii. Professional responsibility and ethical conduct;

viii. Twelve weeks of capstone experience as described in R7-2-604 in grades six through postsecondary, which may be completed during the valid period of a teaching intern or student teaching intern certificate; one year of verified fulltime teaching experience in grades six through postsecondary may substitute for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on one or more subject knowledge portions of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in a relevant subject area or otherwise qualifies for a waiver of the subject knowledge exam;

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (C)(1)(b) with the submission of an application for the Standard Professional Secondary certificate that includes evidence of two years of verified full-time teaching experience in grades six through postsecondary, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (C)(1)(b)(i)-(vii). One year of verified full-time teaching experience in grades six through postsecondary may be substituted for the capstone experience.

D. Specialized Secondary Certificate - Science, Technology, Engineering or Mathematics - grades seven through 12

1. The certificate is valid for six years.

2. The requirements are:

a. A bachelor's degree;

b. Completion of training in structured English immersion as prescribed by the Arizona State Board of Education;

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

d. One of the following options:

i. Option A - Postsecondary teaching experience - science, technology, engineering or mathematics

(1) Have taught science, technology, engineering or mathematics courses for the last two consecutive years, and for a total of at least three years, at one or more regionally or nationally accredited public or private postsecondary institutions, to be demonstrated by providing written proof of employment from each applicable qualifying post-secondary institution, including specific durations of employment and the nature of the teaching assignment; and

(2) A baccalaureate degree, a master's degree or a doctoral degree in an academic subject that is specific to science, technology, engineering or mathematics or a passing score the professional knowledge portion of the Arizona Teacher Proficiency Assessment.

ii. Option B - Work experience - science, technology, engineering or mathematics:

(1) A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

(2) Have ten or more years of work experience in science, technology, engineering or mathematics, to be demonstrated by providing written proof of employment from each applicable employer, including specific durations of employment and the nature of the assignment; and

(3) Demonstrate adequate subject matter knowledge through either:

a) A baccalaureate degree, a master's degree or a doctoral degree in an academic subject that is specific to science, technology, engineering or mathematics;

b) Twenty-four hours of relevant coursework in an academic subject that is specific to science, technology, engineering or mathematics; or

c) A passing score the professional knowledge portion of the Arizona Teacher Proficiency Assessment.

D. Notwithstanding any other provision, individuals seeking a secondary certificate with an approved area in science, technology, engineering or mathematics are exempted from the requirements of a passing score on one or more subject knowledge portions of the Arizona Teacher Proficiency Assessment based on:

1. Verified work experience of five or more years in science, technology, engineering or mathematics; and

2. Demonstrated adequate knowledge of science, technology, engineering or mathematics by:

a. A master's or a doctoral degree in an academic subject that is specific to science, technology, engineering or mathematics; or

b. Twenty-four semester hours of relevant coursework in an academic subject that is specific to science, technology, engineering or mathematics.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-610 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2). Amended by exempt rulemaking at 15 A.A.R. 1838, effective August 29, 2006 (Supp. 09-1). Former R7-2-610 recodified to R7-2-611 ; new R7-2-610 recodified from R7-2-609 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 235, effective December 7, 2009 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 8/26/2013. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017.

Ariz. Admin. Code § R7-2-610.01 Specialized Secondary Teaching Certificates

Specialized Secondary Certificate - Science, Technology, Engineering or Mathematics - grades six through 12

A. The requirements are:

1. One of the following:

a. Demonstrate expertise in the subject matter knowledge through:

i. A bachelor's, master's or a doctoral degree and 24 semester hours of relevant coursework in an academic subject that is specific to science, technology, engineering or mathematics; or

ii. Verified teaching experience for the last two consecutive years, and for a total of at least three years at one or more accredited postsecondary institutions in science, technology, engineering or mathematics

2. Verified work experience of five or more years in science, technology, engineering or mathematics

3. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

B. An individual who meets the requirements of this section is exempt from the competency requirements of the United States and Arizona Constitutions, and the professional knowledge and the subject knowledge portions of the Arizona Teacher Proficiency Assessments.

History

• Adopted by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017.

Ariz. Admin. Code § R7-2-610.02 Subject Matter Expert Standard Teaching Certificate

Subject Matter Expert Standard Teaching Certificate - grades six through 12

A. The requirements are:

1. A bachelor's degree and one of the following:

a. Verified teaching experience for the last two consecutive years, and for a total of at least three years at one or more accredited postsecondary institutions in the relevant subject area of certification. An individual seeking certification pursuant to this subdivision is exempt from passing the professional knowledge portion of the Arizona Teacher Proficiency Assessment; or

b. A bachelor's, master's or doctoral degree from an accredited postsecondary institution in the specific subject area of certification that is directly relevant to a content area or subject matter taught in public schools; or

c. Verification of expertise through work experience of a minimum of five years in the relevant area of certification.

2. A passing score on the professional knowledge Arizona Teacher Proficiency Assessment within two years except as provided by subsection (A)(1)(a). If an applicant fails to meet this requirement within two years, the Department of Education or the Board shall temporarily suspend the standard certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining time of the standard certification.

3. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

4. Verification that the applicant has reviewed and attests to reviewing the best practices for social media and cellular telephone use between students and school personnel adopted by the Board.

5. Completion of Board-approved training in professionalism and ethics within two years. If an applicant fails to meet this requirement within two years, the Department or the Board shall temporarily suspend the standard certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining time of the standard certification.

B. An individual who meets the requirements of this Section is exempt from the competency requirements of the United States and Arizona Constitutions and the subject knowledge portion of the Arizona Teacher Proficiency Assessment.

History

• Adopted by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2947, effective 9/24/2018. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-611 Special Education Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619 . An Early Childhood Special Education certificate as described in this Section is not required for individuals who hold the Early Childhood endorsement as described in R7-2-615 in combination with an Arizona cross-categorical, specialized special education, or moderate/severe disabilities teaching certificate as described in this Section. An Early Childhood Special Education certificate as described in this Section is not required for individuals who hold the Early Childhood Teaching Certificate as described in R7-2-608 in combination with an Arizona cross-categorical, specialized special education, or moderate/severe disabilities teaching certificate as described in this Section.

B. Terms used in this Section are defined in A.R.S. § 15-761.

C. Standard Professional Mild/Moderate Disabilities Certificate - grades K through 12 .

The certificate is valid for three years and is not renewable but may be extended as set forth in R7-2-606(H) or (I) .

2. The holder is qualified to teach students with mild/moderate disabilities as documented by student needs in the individualized education program and the following categories, including: autism, mild/moderate intellectual disabilities, traumatic brain injury, emotional disability, specific learning disability, orthopedic impairments, developmental delay and/or other health impairments.

3. 2. The requirements are:

a. A bachelor's degree,

b. One of the following:

i. Completion of a teacher preparation program in special education from an accredited institution which included courses in the instruction and behavior management of students with mild/moderate disabilities; or

ii. A valid mild-moderate special education certificate from another state; or

iii. Semester hours of education courses as follows:

(1) For applications received through December 31, 2015: Forty-five semester hours of education courses which teach the standards described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum with students representing at least three of the five disability areas. Special education courses shall include survey of exceptional students; teaching methodologies and strategies for students with disabilities; foundations course in mild to moderate mental retardation intellectual disabilities, learning disability, emotional disabilities, and physical/health impairment; and diagnosis and assessment of mild disabilities. Two years of verified teaching experience in special education in grades K through 12 may substitute for the eight semester hours of practicum; or

(2) Forty-five semester hours of education courses which teach the standards described in R7-2-602, including a minimum of 37 semester hours of special education courses and eight semester hours of practicum with students with mild/moderate disabilities. Special education courses shall include foundations of special education, legal aspects, effective collaboration and communication practices, research-based instruction in mathematics, research-based instruction in English language arts, classroom management and behavior analysis, assessment and eligibility, language development and disorders, and electives. Two years of verified teaching experience in mild/moderate special education, grades K through 12 may substitute for the eight semester hours of practicum.

(a) Foundations of special education;

(b) Legal aspects;

(c) Effective collaboration and communication practices;

(d) Research-based instruction in math;

(e) Research-based instruction in English language arts;

(f) Classroom management and behavior analysis;

(g) Assessment and eligibility;

(h) Language development and disorders;

(i) Electives; and a minimum of eight semester hours of practicum with students with mild-moderate disabilities. Two years of verified teaching experience in mild-moderate special education in grades K through 12 may substitute for the eight semester hours of practicum.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in mild/moderate special education or otherwise qualifies for a waiver of the subject knowledge examination, and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

D. Standard Professional Mild/Moderate Disabilities Certificate - grades kindergarten through twelve for applications received on or after August 1, 2018.

1. The holder is qualified to teach students with mild/moderate disabilities as documented by student needs in the individualized education program and the following categories, including: autism, mild/moderate intellectual disabilities, traumatic brain injury, emotional disability, specific learning disability, orthopedic impairments, developmental delay and/or other health impairments.

2. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in mild/moderate disabilities special education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. Research-based systematic phonics;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Instructional design and lesson planning, including specially designed instruction;

iv. The learning environment, including classroom and behavioral management;

v. Instructional delivery, facilitation and methodologies;

vi. Legal aspects of special education, including individualized education programs and transition planning;

vii. Effective collaboration and communication practices, including modifications and accommodations;

viii. Research-based instruction in math;

ix. Research-based instruction in English language arts;

x. Assessment and eligibility, including monitoring and reporting requirements;

xi. Language development and disorders;

xii. Professional responsibility and ethical conduct;

xiii. Twelve weeks of capstone experience as described in R7-2-604 in mild/moderate special education in grades kindergarten through twelve, which may be completed during the valid period of a teaching intern certificate. One year of verified teaching experience in mild/moderate special education in grades kindergarten through twelve may substitute for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the special education subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in mild to moderate special education or otherwise qualifies for a waiver of the subject knowledge examination; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

3. Applicants may meet the requirements in subsection (D)(2)(b) with the submission of an application for the Standard Professional Mild/Moderate Disabilities Certificate grades kindergarten through twelve that includes evidence of two years of verified full-time teaching experience in mild/moderate disabilities special education in grades kindergarten through twelve and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (D)(2)(b)(i)-(xii).

4. Board approved educator preparation programs leading to dual certification in mild/moderate disabilities and elementary, middle school, or secondary education may exempt a student from the mild/moderate special education capstone experience upon the completion of the following:

a. Verification from the applicable district or charter school administrator that the student was employed continuously as a paraprofessional whose primary responsibility was working with students in mild/moderate special education classrooms for the two years preceding commencement of the capstone experience in elementary, middle school, or secondary education;

b. Verification from the applicable district or charter school administrator that the student received evaluations, in each of the preceding two years of employment as a paraprofessional, indicating effectiveness in performance; and

c. Completion of the capstone experience in elementary, middle school or secondary education and demonstration of all of the following competencies during the dual certification educator preparation program:

i. Participation on a multi-disciplinary evaluation team;

ii. Participation in and drafting of an acceptable individualized education program; and

iii. Planning and delivery of specially designed instruction for a class of students.

E. Provisional Specialized Special Education Certificate - grades K through 12.

1. The certificate is valid for three years and is not renewable.

2. No new applications for a Provisional Specialized Education Certificate will be accepted after December 31, 2015.

3. The holder is qualified to teach students with intellectual disabilities, emotional disability, specific learning disability, orthopedic impairments or other health impairments, as specified on the certificate.

4. The requirements are:

a. A bachelor's degree,

b. One of the following:

i. Completion of a teacher preparation program in the specified area of special education from an accredited institution; or

ii. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum in the designated area of disability. Special education courses shall include survey of exceptional students, teaching methodologies for students with disabilities, foundations of instruction in the designated area of disability, and diagnosis and assessment of disabilities. Two years of verified teaching experience in the area of disability in grades K through 12 may be substituted for the eight semester hours of practicum; or

iii. A valid special education certificate in the specified area from another state.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the specified disability special education portion of the Arizona Teacher Proficiency Assessment, and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

F. Standard Professional Specialized Special Education Certificate - grades K through 12.

1. The certificate is valid for twelve years and may be renewed.

2. The holder is qualified to teach students with intellectual disabilities, emotional disability, specific learning disability, orthopedic impairments or other health impairments, as specified on the certificate.

3. The requirements are:

a. A valid Arizona Provisional Specialized Special Education certificate, or a Provisional Specialized Special Education certificate which has not expired for more than one year;

b. A passing score on the performance portion of the Arizona Teacher Proficiency Assessment; and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

G. Standard Professional Moderate/Severe Disabilities Certificate - grades K through 12.

1. The holder is qualified to teach students with moderate/severe disabilities as documented by student needs in the individualized education program and the following categories, including: autism, moderate/severe intellectual disabilities, traumatic brain injury, emotional disability, orthopedic impairments, and/or other health impairments.

2. The requirements are:

a. A bachelor's degree,

b. One of the following:

i. Completion of a teacher preparation program in moderate/severe disabilities education from an accredited institution; or

ii. A valid severe and profound special education certificate from another state; or

iii. Semester hours of education courses as follows:

(1) For applications received through December 31, 2015: Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with severe and profound disabilities, foundations of instruction of students with severe and profound disabilities, and diagnostic and assessment procedures for students with severe and profound disabilities. Two years of verified teaching experience with students in grades PreK-12 who are severely and profoundly disabled may be substituted for the eight semester hours of practicum; or

(2) Forty-five semester hours of education courses which teach the standards described in R7-2-602, including a minimum of 37 semester hours of special education courses and eight semester hours of practicum with students with moderate/severe disabilities. Special education courses shall include foundations of low incidence disabilities, legal aspects, effective collaboration and communication practices, adaptive communication, instructional strategies across the curriculum, classroom management and behavior analysis, assessment and eligibility, and electives. Two years of verified special education teaching experience in with students with moderate/severe disabilities, grades K through 12 may substitute for the eight semester hours of practicum.

(a) Foundations low incidence disabilities;

(b) Legal aspects;

(c) Effective collaboration and communication practices;

(d) Adaptive communication;

(e) Instructional strategies across the curriculum;

(f) Classroom management and behavior analysis;

(g) Assessment and eligibility;

(h) Electives; and a minimum of eight semester hours of practicum with students with severe and profound disabilities. Two years of verified teaching experience in special education in grades K through 12 with students who have severe and profound disabilities may substitute for the eight semester hours of practicum.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in moderate/severe special education or otherwise qualifies for a waiver of the subject knowledge examination, and

e. A valid fingerprint card issued by the Arizona Department of Public Safety.

H. Standard Professional Moderate/Severe Disabilities Certificate - grades kindergarten through twelve for applications received on or after August 1, 2018.

1. The holder is qualified to teach students with moderate/severe disabilities as documented by student needs in the individualized education program and the following categories, including: autism, moderate/severe intellectual disabilities, traumatic brain injury, emotional disability, orthopedic impairments, and/or other health impairments.

2. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in moderate/severe disabilities education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. Research-based systematic phonics;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Instructional design and lesson planning, including specially designed instruction;

iv. The learning environment, including classroom and individual behavioral management;

v. Instructional delivery, facilitation and methodologies for teaching research-based instruction in math and English language arts;

vi. Legal aspects of special education, including individualized education programs and transition planning;

vii. Effective collaboration and communication practices, including modifications and accommodations;

viii. Adaptive communication, including language development and disorders;

ix. Assessment and eligibility, including monitoring and reporting requirements;

x. Professional responsibility and ethical conduct;

xi. Twelve weeks of capstone experience as described in R7-2-604 in special education in moderate/ severe disabilities grades K through 12, which may be completed during the valid period of a teaching intern certificate. One year of verified full-time teaching experience in special education in moderate/severe disabilities grades kindergarten through twelve may substitute for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in moderate/severe special education or otherwise qualifies for a waiver of the subject knowledge examination, and

e. A valid fingerprint card issued by the Arizona Department of Public Safety.

3. Applicants may meet the requirements in subsection (H)(2)(b) with the submission of an application for the Standard Professional Moderate/Severe Disabilities Certificate grades kindergarten through twelve that includes evidence of two years of verified full-time teaching experience in moderate/severe disabilities special education in grades kindergarten through twelve and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (H)(2)(b)(i)-(x).

I. Standard Professional Hearing Impaired Certificate - birth through grade 12. The requirements are:

1. A bachelor's degree,

2. One of the following:

a. Completion of a teacher preparation program in hearing impaired education from an accredited institution; or

b. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses for the hearing impaired and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with hearing impairment, foundations of instruction of students with hearing impairment, and diagnostic and assessment procedures for the hearing impaired. Two years of verified teaching experience in the area of hearing impaired in grades PreK-12 may be substituted for the eight semester hours of practicum

c. A valid hearing impaired certificate from another state.

3. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

4. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in hearing impaired special education or otherwise qualifies for a waiver of the subject knowledge examination, and

5. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

J. Standard Professional Hearing Impaired Certificate - birth through grade twelve for applications received on or after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in hearing impaired education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. Research-based systematic phonics;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Survey of exceptional students;

iv. Teaching methodologies for students with hearing impairment;

v. Foundations of instruction of students with hearing impairment;

vi. Diagnostic and assessment procedures for the hearing impaired;

vii. Professional responsibility and ethical conduct;

viii. Twelve weeks of capstone experience as described in R7-2-604 in hearing impaired special education birth through grade twelve, which may be completed during the valid period of a teaching intern certificate. One year of verified full-time teaching experience in the area of hearing impaired in birth through grade twelve may be substituted for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in hearing impaired special education or otherwise qualifies for a waiver of the subject knowledge examination; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (J)(1)(b) with the submission of an application for the Standard Professional Hearing Impaired Certificate - birth through grade twelve that includes evidence of receipt of two years of verified fulltime teaching experience in hearing impaired special education birth through grade twelve and training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (J)(1)(b)(i)-(vii).

K. Standard Professional Visually Impaired Certificate - birth through grade 12.

1. The certificate is valid for three years and is not renewable but may be extended as set forth in R7-2-606(H) or (I) .

2. The requirements are:

a. 1. A bachelor's degree,

b. 2. One of the following:

i. a. Completion of a teacher preparation program in visual impairment from an accredited institution; or

ii. b. Forty-five semester hours of education courses which teach the knowledge and skills described in R7-2-602, including 21 semester hours of special education courses for the visually impaired and eight semester hours of practicum. Special education courses shall include survey of exceptional students, teaching methodologies for students with visual impairment, foundations of instruction of students with visual impairment, and diagnostic and assessment procedures for the visually impaired. Two years of verified teaching experience in the area of visually impaired in grades PreK-12 may be substituted for the eight semester hours of practicum; or

iii. A valid visually impaired special education certificate from another state.

c. 3. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. 4. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment, and

e. 5. Demonstration of competency in Braille through one of the following:

i. a. A passing score on the original version of the National Library of Congress certification exam, or

ii. b. A valid certificate for a literary Braille transcriber issued by the National Library of Congress, or

iii. c. A passing score on a Braille exam administered by another state, or

iv. d. A passing score on the Braille exam developed and administered by the University of Arizona. Individuals who take this test and are not students at the University of Arizona may be assessed a fee.

f. 6. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

L. Standard Professional Visually Impaired Certificate - birth through grade 12 for applications received on or after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in visual impairment from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. Research-based systematic phonics;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Survey of exceptional students;

iv. Teaching methodologies for students with visual impairment;

v. Foundations of instruction of students with visual impairment;

vi. Diagnostic and assessment procedures for the visually impaired;

vii. Professional responsibility and ethical conduct;

viii. Twelve weeks of capstone experience as described in R7-2-604 in visually impaired special education birth through grade twelve, which may be completed during the valid period of a teaching intern certificate. One year of verified full-time teaching experience in the area of visually impaired in birth through grade twelve may be substituted for the capstone experience requirement. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment,

e. Demonstration of competency in Braille through one of the following:

i. A passing score on the original version of the National Library of Congress certification exam, or

ii. A valid certificate for a literary Braille transcriber issued by the National Library of Congress, or

iii. A passing score on a Braille exam administered by another state, or

iv. A passing score on the Braille exam developed and administered by the University of Arizona. Individuals who take this test and are not students at the University of Arizona may be assessed a fee.

f. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (L)(1)(b) with the submission of an application for the Standard Professional Visually Impaired Certificate - birth through grade twelve that includes evidence of two years of verified full-time teaching experience in visually impaired special education birth through grade twelve and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (L)(1)(b)(i)-(vii).

M. Standard Professional Early Childhood Special Education Certificate Birth through age 8 or grade 3 .

1. The requirements are:

a. A bachelor's degree,

b. One of the following:

i. Completion of a teacher preparation program in early childhood special education from an accredited institution; or,

ii. A valid early childhood special education certificate from another state; or

iii. Early childhood education coursework and practicum experience which teaches the knowledge and skills described in R7-2-602 and includes the following:

(1) For applications received through December 31, 2015: Forty-five semester hours of education courses which teach the standards described in R7-2-602, including child development and learning, language development, social and emotional development, curriculum development and implementation, and assessment and evaluation, early childhood special education, and eight semester hours of practicum in early childhood special education. Two years of verified teaching experience in the area of early childhood special education may be substituted for the eight semester hours of practicum; or

(2) For applications received on and after January 1, 2016:

1. Thirty-seven semester hours of early childhood education courses which teach the standards described in R7-2-602, to include all of the following areas of study:

a. Foundations early childhood education and special education;

b. Behavioral interventions for children with an without disabilities;

c. Characteristics and quality practices for typical and atypical behaviors of young children;

d. Typical and atypical child growth and development, including health, safety and nutrition with an emphasis on special health care needs for children birth through grade 3;

e. Child, family, cultural and community relationships including community organizations that support and assist children with disabilities and their families;

f. Developmentally appropriate instructional and inclusive methodologies for teaching social and emotional development, language arts, math, science, social studies, the arts and diagnosis and remediation of learning difficulties;

g. Early language and literacy development including communication methods in early childhood education/special education;

h. Assessment and evaluation for early childhood special education to include observing, assessing, monitoring and reporting on the progress of young children; and

2. A minimum of eight semester hours of practicum, including:

a. A minimum of four semester hours in a supervised field experience, practicum, internship or student teaching setting serving children with identified special needs birth through preschool or one year of full-time teaching experience with children identified with specials needs birth through preschool, and

b. A minimum of four semester hours in a supervised student teaching setting serving children with identified special needs in kindergarten through grade 3 or one year of full time teaching experience with children identified with special needs kindergarten through grade 3.

c. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in early childhood special education or otherwise qualifies for a waiver of the subject knowledge examination,

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (M)(1)(b) with completion of the following:

a. Thirty-seven semester hours of early childhood education which teach the standards described in R7-2-602 which include the following areas of study:

i. Foundations early childhood education and special education;

ii. Behavioral interventions for children with and without disabilities;

iii. Characteristics and quality practices for typical and atypical behaviors of young children;

iv. Typical and atypical child growth and development, including health, safety and nutrition with an emphasis on special health care needs for children birth through grade 3;

v. Child, family, cultural and community relationships including community organizations that support and assist children with disabilities and their families;

vi. Developmentally appropriate instructional and inclusive methodologies for teaching social and emotional development, language arts, math, science, social studies, and the arts;

vii. Diagnosis and remediation of learning difficulties;

viii. Early language and literacy development including communication methods in early childhood education/special education;

ix. Assessment and evaluation for early childhood special education to include observing, assessing, monitoring and reporting on the progress of young children;

x. A minimum of four semester hours in a supervised field experience, practicum, internship or student teaching setting serving children with identified special needs birth through preschool or one year of full-time teaching experience with children identified with specials needs birth through preschool; and

xi. A minimum of four semester hours in a supervised student teaching setting serving children with identified special needs in kindergarten through grade 3 or one year of full time teaching experience with children identified with special needs kindergarten through grade 3.

N. Standard Professional Early Childhood Special Education Certificate - birth through age eight or grade three for applications received on or after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in early childhood special education from a Board-approved educator preparation program or from an accredited institution offering substantially similar training addressing the following topics and any others as required by law:

i. Research-based systematic phonics;

ii. Research-based instructional strategies for delivering differentiated reading instruction, assessment, intervention and remediation to support readers of varying ages and ability levels, including students with dyslexia;

iii. Teaching students with exceptionalities;

iv. Characteristics and quality practices for typical and atypical behaviors of young children, including behavioral interventions for children with and without disabilities;

v. Typical and atypical child growth and development, including health, safety and nutrition with an emphasis on special health care needs for children birth through grade three;

vi. Child, family, cultural and community relationships including community organizations that support and assist children with disabilities and their families;

vii. Developmentally appropriate instructional and inclusive methodologies for teaching social and emotional development, language arts, math, science, social studies, the arts and diagnosis and remediation of learning difficulties;

viii. Early language and literacy development including communication methods in early childhood education/special education;

ix. Assessment and evaluation for early childhood special education to include observing, assessing, monitoring and reporting on the progress of young children;

x. Substantial experience in practicum as described in R7-2-604 serving children with exceptionalities birth through preschool and kindergarten through grade three;

xi. Professional responsibility and ethical conduct; and

xii. Twelve weeks of capstone experience as described in R7-2-604 serving children with exceptionalities in birth through grade three, which may be completed during the valid period of a teaching intern certificate. For individuals seeking dual certification, any capstone experience requirements may be met through separate eight-week capstone experiences in each of the certification areas sought.

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment unless the applicant has a bachelor's, master's or doctoral degree in early childhood special education or otherwise qualifies for a waiver of the subject knowledge examination, and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (N)(1)(b) with the submission of an application for the Standard Professional Early Childhood Special Education Certificate - birth through age eight or grade three that includes two years of verified full-time teaching experience in early childhood special education serving children birth through prekindergarten and kindergarten through grade three and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (N)(1)(b)(i)-(xi).

3. Board approved educator preparation programs leading to dual certification in early childhood special education and early childhood teaching may exempt a student from the early childhood special education capstone experience upon completion of the following:

a. Verification from the applicable district or charter school administrator that the student was employed continuously as a paraprofessional whose primary responsibility was working with students in early childhood special education for two years preceding commencement of the early childhood teaching capstone experience;

b. Verification from the applicable district or charter school administrator that the student received evaluations, in each of the preceding two years of employment as a paraprofessional, indicating effectiveness in performance; and

c. Completion of the capstone experience in early childhood education and demonstration of all of the following competencies during the dual certification educator preparation program:

i. Participation on a multi-disciplinary evaluation team;

ii. Participation in and drafting of an acceptable individualized education program; and

iii. Planning and delivery of specially designed instruction for a class of students.

O. Provisional Cross-Categorical Special Education Certificate - grades K through 12

1. No new applications for the Provisional Cross-Categorical Special Education certificate are accepted as of December 31, 2015.

2. Individuals who hold a valid Provisional Cross-Categorical Special Education certificate are qualified to teach students with mild to moderate autism, intellectual disabilities, traumatic brain injury, emotional disability, specific learning disability, orthopedic impairments, developmental delay and/or other health impairments.

3. The Provisional certificate may not be renewed or extended. Individuals who hold a valid Provisional Cross-Categorical Special Education certificate, or a Provisional Cross-Categorical certificate which has not expired for more than one year, may apply for a Standard Professional Cross-Categorical Special Education certificate.

P. Standard Professional Cross-Categorical Special Education Certificate - grades K through 12.

1. The Standard Professional Cross-Categorical is valid for 12 years and may be renewed.

2. Individuals who hold a valid Standard Professional Cross-Categorical Special Education certificate are qualified to teach students with autism, intellectual disabilities, traumatic brain injury, emotional disability, specific learning disability, orthopedic impairments, developmental delay and/or other health impairments.

3. The requirements are:

a. An Arizona Provisional Cross-Categorical Special Education Certificate that is either valid or has not expired for more than one year.

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 5139, effective November 19, 2002 for a period of 180 days (Supp. 02-4). Emergency rulemaking renewed under A.R.S. § 41-1026(D) at 9 A.A.R. 1547, effective April 29, 2003 for a period of 180 days (Supp. 03-2). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent R7-2-611 amended by final rulemaking at 9 A.A.R. 3950, effective October 21, 2003 (Supp. 03-3). Former R7-2-611 recodified to R7-2-612 ; new R7-2-611 recodified from R7-2-610 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). R7-2-611"Prekindergarten" corrected to "PreK" at request of the Board, Office File No. M09-444, filed November 24, 2009 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 119, effective September 21, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 235, effective December 7, 2009 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 12/2/2013. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 1427, effective 4/23/2018.

Ariz. Admin. Code § R7-2-612 Career and Technical Education Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607, and the renewal requirements in R7-2-619.

B. For purposes of this rule, the following definitions apply:

1. "Agriculture" means agriculture, agriculture operations, and related sciences; natural resources and conservation; environmental design; landscape architecture; agricultural biological engineering; forest engineering, biological and biomedical sciences; parks, recreation and leisure facilities management; geological and earth sciences/geosciences; veterinary/animal health technician/veterinary assistant; environmental health; and veterinary medicine as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165), U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Code 01, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

2. "Business and Marketing" means computer and information sciences and support services; accounting and computer information services; business/commerce, general; business administration, management and operations; accounting; business operations support and assistant services; business/corporate communications; business/managerial economics; entrepreneurial and small business operations; finance and financial management services; hospitality administration/management; human resources management and services; international business; management information systems and services; management sciences and quantitative methods; marketing; real estate; taxation; insurance; general sales, merchandising and related marketing operations; specialized sales, merchandising and marketing operations; and business, management, marketing and related support services, other as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165), U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Code 52, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education, located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

3. 1. "Career and Technical Education means a field of study in any area relating to a CTE program approved by the Arizona Department of Education as described in the Guidance on CTE Teacher Certification, which is on file with the Arizona Department of Education.

4. "Education and Training" means all occupational areas of secondary education and teaching; junior high/intermediate/middle school education and teaching; elementary education and teaching; kindergarten/preschool education and teaching; early childhood education and teaching; adult education and teaching; and special education as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Code 13, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

5. "Family and Consumer Sciences" means culinary arts; kindergarten/preschool education and teaching; early childhood education and teaching; family and consumer sciences/human sciences; nutrition sciences; interior design; hospitality administration/ management; fashion merchandising; fashion modeling; apparel and accessories marketing operations; tourism and travel services marketing operations; tourism promotion operations; and hospitality and recreation marketing operations as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Code 19, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education, located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

6. "Health Careers" means exercise physiology; kinesiology and exercise science; medical/clinical assistant; clinical/medical laboratory assistant; pharmacy technician/assistant; medical radiologic technology/science-radiation therapist; radiologic technology/science-radiographer; physician assistant; athletic training/trainer; clinical/medical laboratory technician; clinical laboratory science/medical technology/technologist; phlebotomy/phlebotomist; medicine; nursing/registered nurse; osteopathic medicine/ osteopathy; pharmacy; physical therapy/therapist; and kinesiotherapy/kinesiotherapist as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Code 51, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

7. "Industrial and Emerging Technologies" means audiovisual communications technologies/technicians; graphic communications; cosmetology and personal grooming services; electrical engineering technologies/technicians; electromechanical instrumentation and maintenance technologies/technicians; environmental control technologies/technicians; industrial production technologies/technicians; quality control and safety technologies/technicians; mechanical engineering related technologies/technicians; mining and petroleum technologies/technicians; construction engineering technologies; engineering-related technologies; computer engineering technologies/technicians; drafting/design engineering technologies/technicians; security and protective services; mason/masonry; carpenters; electrical and power transmission installers; building/construction finishing, management and inspection; electrical/electronics maintenance and repair technology; heating, air conditioning, ventilation and refrigeration maintenance technology/technician; heavy/industrial equipment maintenance technologies; precision systems maintenance and repair technologies; vehicle maintenance and repair technologies; precision metal working; construction/heavy equipment/earth-moving equipment operation; design and visual communications, general; commercial and advertising art; industrial design; commercial photography; and visual performing arts as described in Classification of Instructional Programs: 2000 Edition: (NCES 2002-165) U.S. Department of Education, National Center for Education Statistics, 1990 K Street, NW, Washington, DC 20006: U.S. Government Printing Office, April 2002, CIP Codes 10, 12, 15, 41, 43, 46, 47, 48, 49, and 50, which is incorporated by reference and on file with the Arizona Department of Education and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. Copies of the incorporated materials are available for review at the Arizona Department of Education located at 1535 W. Jefferson Street, Phoenix, AZ 85007 or may be ordered from the U.S. Department of Education, ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.

8. 2. "Occupational Area" means employment in any area relating to a CTE program approved by the Department as described in the Guidance on CTE Teacher Certification, which is on file with the Arizona Department of Education.

9. "Professional Knowledge" means the art of teaching including the knowledge and skills necessary for instructional planning, delivery and evaluation in a career and technical education setting.

10. "Subject Knowledge" means the information, understanding and skills specific to the broad occupational area.

11. 3. "Verified Work Experience" means written documentation from a current or former supervisor for paid or unpaid work, a current school superintendent, or the Department of Education Career and Technical Education Programmatic State Supervisor indicating that an applicant for a career and technical education certificate performed work in a business or industry setting related to an approved CTE program occupational area.

C. Standard Career and Technical Education (CTE) Certificate - CTE Field of Study - grades K through 12

1. The requirements include all of the following:

a. Within three years, obtain a passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment or qualification for a waiver of this assessment.

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

c. At least one of the following options:

i. Option A - Bachelor's degree in the specified CTE field of study - requirements include all of the following:

(1) A bachelor's or more advanced degree in the specified CTE field of study from an accredited institution.

(2) Thirty semester hours of courses in the specified CTE field of study.

(3) Two hundred forty clock hours of verified work experience in the specified CTE occupational area. Hours may have been accumulated before obtaining a certification.

(4) Within three years, complete fifteen semester hours of courses in professional knowledge in career and technical education, to include any of the following areas: principles/philosophy of career and technical education, developmentally appropriate instructional delivery, facilitation and methodologies, instructional technology,, instructional design and lesson planning, including modifications and accommodations, assessing, monitoring and reporting progress, the learning environment, including classroom management, teaching students with exceptionalities, or professional responsibility and ethical conduct. Hours may be obtained prior to issuance of the standard career and technical education certificate in the specified CTE field of study. Fifteen semester hours may be obtained through Department or Board-CTE approved professional development. Fifteen clock hours equals one semester hour.

ii. Option B - Valid non-CTE Arizona Provisional or Standard teaching certificate or an Arizona CTE teaching certificate in another CTE field of study- requirements include all of the following:

(1) A valid Arizona provisional or standard teaching certificate for teachers in Birth through grade 12 issued pursuant to this Article.

(2) One year of the most recent teacher evaluation(s) approved by a certificated administrator, or the administrator's designee, in a PreK-12 school setting and issued during the term of the Arizona teaching certificate exhibiting satisfactory performance in the classroom.

(3) Three semester hours of courses in professional knowledge in career and technical education to include any of the following areas: principles/philosophy of career and technical education, developmentally appropriate instructional delivery, facilitation and methodologies for career and technical education, or instructional technology. Three semester hours may be obtained through Department or Board-CTE approved professional development. Fifteen clock hours equals one semester hour.

(4) Two hundred forty clock hours of verified work experience in the specified CTE occupational area. Hours may have been accumulated before obtaining a certification.

(5) Within three years, complete nine semester hours of subject knowledge courses in the CTE field of study.

(a) Nine semester hours of subject knowledge courses in the CTE field of study; and

(b) Three semester hours of courses in professional knowledge to include any of the following areas: principles/ philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation, or classroom management. Hours may be obtained prior to issuance of the standard career and technical education certificate in the specified CTE field of study. Twelve semester hours may be obtained through Department-CTE approved professional development. Fifteen clock hours equals one semester hour; and

iii. Option C - Business and industry professional - requirements include six thousand clock hours of verified work experience in an occupational area. Within three years, complete fifteen semester hours of courses in professional knowledge in career and technical education to include any of the following areas: principles/philosophy of career and technical education,, developmentally appropriate instructional delivery, facilitation and methodologies, instructional design and lesson planning, including modifications and accommodations,, assessing, monitoring and reporting progress, instructional technology, the learning environment, including classroom management, teaching students with exceptionalities, or professional responsibility and ethical conduct. Fifteen semester hours may be obtained through Department or Board-CTE approved professional development. Fifteen clock hours equals one semester hour; and

iv. Option D - Bachelor's degree in the specified CTE field of study teacher preparation program - requirements include both of the following:

(1) A bachelor's or more advanced degree that included completion of a Board approved teacher preparation program in the CTE field of study or from an accredited institution offering substantially similar training, addressing the following topics in career and technical education and any others as required by law: Principles/philosophy of career and technical education, instructional design and lesson planning, including modifications and accommodations; the learning environment, including classroom management; developmentally appropriate instructional delivery, facilitation and methodologies; assessing, monitoring and reporting progress; teaching students with exceptionalities; professional responsibility and ethical conduct; and

(2) Two hundred forty clock hours of verified work experience in the specified occupational area. Hours shall have been accumulated before obtaining a certification.

(3) Within three years, complete 18 semester hours of courses in professional knowledge, to include any of the following areas: principles/philosophy of career and technical education, operation of a career and technical student organization, methods of teaching career and technical education, curriculum design/development, instructional technology, educational philosophy, instructional design/methodology, assessment/evaluation, or classroom management. Hours may be obtained prior to issuance of the standard career and technical education certificate in the specified CTE field of study. Eighteen semester hours may be obtained through Department-CTE approved professional development. Fifteen clock hours equals one semester hour.

2. If an applicant fails to meet these requirements within the prescribed time period, the Department of Education or the Board shall temporarily suspend the standard certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining time of the standard certification.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-612 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 2562, effective May 23, 2002 for a period of 180 days (Supp. 02-2). May 23, 2002 emergency rulemaking renewed under A.R.S. § 41-1026 at 8 A.A.R. 5132, effective November 19, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by final rulemaking at 11 A.A.R. 1885, effective June 26, 2005 (Supp. 05-2). Amended by exempt rulemaking at 15 A.A.R. 1292, effective June 26, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1893, effective September 25, 2006 (Supp. 09-2). Amended by exempt rulemaking at 15 A.A.R. 2086, effective May 19, 2008 (Supp. 09-3). Former R7-2-612 recodified to R7-2-613 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). New Section made by exempt rulemaking at 15 A.A.R. 2143, effective August 25, 2008 (Supp. 09-4). Former R7-2-612 recodified to R7-2-613 ; new R7-2-612 recodified from R7-2-611 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 102, effective May 1, 2009 (Supp. 10-1). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 8/26/2013. Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 694, effective 2/26/2018.

Ariz. Admin. Code § R7-2-612.01 Standard Specialized Career and Technical Education (CTE) Certificates - grades K through 12

A. Standard Specialized CTE certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. The certificate is valid for eight years.

1. The holder is qualified to teach in an area that is specified on the certificate relating to a CTE program approved by the Arizona Department of Education as described in Guidance on CTE Teacher Certification which is on file with the Arizona Department of Education.

2. C. The requirements are:

a. 1. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

b. 2. Demonstration of expertise in the specified CTE area through one of the following:

i. a. A Bachelor's, master's or doctoral degree in the specified CTE area; or

ii. b. A Bachelor's or more advanced degree and completion of twenty-four semester hours of coursework in the specified CTE area; or

iii. c. An Associate's degree in the specified CTE area; or

iv. d. An industry certification, license, or credential in the specified CTE area approved by the appropriate Department of Education Career and Technical Education Program Specialist or Career and Technical Education Program Services Director; or

e. Verified teaching experience for the last two consecutive years, and for a total of at least three years at one or more accredited postsecondary institutions in a subject that is specific to the CTE course being taught.

c. 3. Verification of five years of work experience in the specified CTE occupational area.

4. An individual who meets the requirements of this section is exempt from the competency requirements of the United States and Arizona Constitutions, the professional knowledge and subject knowledge portions of the Arizona Teacher Proficiency Assessments, and structured English immersion endorsement requirements.

History

• New Section made by exempt rulemaking at 22 A.A.R. 2617, effective 8/22/2016. Amended by final rulemaking at 24 A.A.R. 694, effective 2/26/2018. The term "twenty-four" has been changed to the numeral "24," the hyphen between "PreK-12" has been replaced with the word "through" in the Section heading for consistency in Chapter style and format (Supp. 21-1).

Ariz. Admin. Code § R7-2-613 PreK through 12 Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard Professional PreK-12 Arts Education Certificate: art, dance, dramatic arts or music.

1. The certificate is valid for three years and is not renewable but may be extended as set forth in R7-2-606(H) or (I) .

2. The requirements are:

a. 1. A bachelor's degree.

b. 2. One of the following:

i. a. Completion of a teacher preparation program in PreK-12 arts education in one of the following approved areas: art, dance, dramatic arts or music from a Board-approved teacher preparation program, described in R7-2-604 ; or

ii. b. Completion of a teacher preparation program in PreK-12 arts education in one of the following approved areas: art, dance, dramatic arts or music from an institution accredited by the National Association of Schools of Art and Design, National Association of Schools of Dance, National Association of Schools of Theatre, the National Association of Schools of Music, or National Council for Accreditation of Teacher Education; or

iii. c. Thirty semester hours of education or arts education courses which teach the knowledge and skills described in R7-2-602, including at least eight semester hours of elementary and secondary methods in the certificate area and 12 semester hours of practicum in the certificate area grades PreK-12. Two years of verified full-time teaching experience in the certificate area in grades PreK-12 may substitute for the 12 semester hours of practicum; or

iv. d. A valid PreK-12 arts education certificate from another state.

c. 3. A passing score on the appropriate subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment. If a proficiency assessment is not offered in a subject area, an approved area shall consist of a minimum of 24 semester hours of courses in the subject.

d. 4. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment.

e. 5. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

C. Standard PreK-12 Arts Education Certificate: for art, dance, dramatic arts or music.

1. The certificate is valid for six years.

2. The requirements are:

a. The provisional PreK-12 Arts Education certificate.

b. Two years of verified teaching experience will be accepted in lieu of the performance portion of the Arizona Teacher Proficiency Assessment.

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

C. Standard Professional PreK-12 Arts Education Certificate for applications received on or after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in PreK-12 arts education from a Board-approved teacher educator preparation program or from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Studio art;

ii. Art history and analysis;

iii. Advanced work in studio or art application areas;

iv. Technical processes;

v. Instructional design and lesson planning, including modifications, and accommodations;

vi. The learning environment, including classroom management;

vii. Assessing, monitoring and reporting progress;

viii. Professional responsibility and ethical conduct;

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades PreK-12 arts education, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified full-time teaching experience in the certificate area in grades PreK-12 arts education may substitute for the capstone experience requirement;

c. A passing score on the appropriate subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment.

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (C)(1)(b) with the submission of an application for the Standard Professional PreK-12 Arts Education certificate that includes evidence of two years of verified full-time teaching experience in grades PreK-12 arts education, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (C)(1)(b)(i)-(vii). One year of verified full-time teaching experience in grades PreK-12 arts education may be substituted for the capstone experience.

D. Standard Professional PreK-12 Dance Education Certificate

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in PreK-12 dance education from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Performance;

ii. Choreography;

iii. Theoretical and historical studies of dance;

iv. Technical processes;

v. Instructional design and lesson planning, including modifications, and accommodations;

vi. The learning environment, including classroom management;

vii. Assessing, monitoring and reporting progress;

viii. Professional responsibility and ethical conduct; and

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades PreK-12 dance education, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified fulltime teaching experience in grades PreK-12 dance education may substitute for the capstone experience requirement; and

c. A passing score on the appropriate subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment.

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (D)(1)(b) with the submission of an application for the Standard Professional PreK-12 Dance Education certificate that includes evidence of two years of verified full-time teaching experience in grades PreK-12 dance education, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (D)(1)(b)(i)-(viii). One year of verified full-time teaching experience in grades PreK-12 dance education may be substituted for the capstone experience.

E. Standard Professional PreK-12 Theatre Education Certificate

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in PreK-12 theatre education from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Foundations of production;

ii. Aesthetics, theatre history, literature, theory and criticism;

iii. Advanced work in theatre performance;

iv. Instructional design and lesson planning, including modifications, and accommodations;

v. The learning environment, including classroom management;

vi. Assessing, monitoring and reporting progress;

vii. Professional responsibility and ethical conduct and;

viii. Twelve weeks of capstone experience as described in R7-2-604 in grades PreK-12 theatre education, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified fulltime teaching experience in grades PreK-12 theatre education may substitute for the capstone experience requirement; and

c. A passing score on the appropriate subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment.

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (E)(1)(b) with the submission of an application for the Standard Professional PreK-12 Theatre Education certificate that includes evidence of two years of verified full-time teaching experience in grades PreK-12 theatre education, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (E)(1)(b)(i)-(vii). One year of verified full-time teaching experience in grades PreK-12 theatre education may be substituted for the capstone experience.

F. Standard Professional PreK-12 Music Education Certificate

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in PreK-12 music education from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Performance;

ii. Musicianship skills and analysis;

iii. Composition and improvisation

iv. Music history and repertory;

v. Instructional design and lesson planning, including modifications, and accommodations;

vi. The learning environment, including classroom management;

vii. Assessing, monitoring and reporting progress;

viii. Professional responsibility and ethical conduct; and

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades PreK-12 music education, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified full- time teaching experience in grades PreK-12 music education may substitute for the capstone experience requirement; and

c. A passing score on the appropriate subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment.

d. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (F)(1)(b) with the submission of an application for the Standard Professional PreK-12 Music Education certificate that includes evidence of two years of verified full-time teaching experience in grades PreK-12 music education, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (F)(1)(b)(i)-(viii). One year of verified full-time teaching experience in grades PreK-12 music education may be substituted for the capstone experience.

D. G. Standard Professional PreK-12 Physical Education Certificate.

1. The certificate is valid for three years and is not renewable but may be extended as set forth in R7-2-606(H) or (I) .

2. The requirements are:

a. 1. A bachelor's degree.

b. 2. One of the following:

i. a. Completion of a teacher preparation program in PreK-12 physical education, including 12 semester practicum hours evenly split between elementary and secondary physical education from an accredited institution or a Board-approved teacher preparation program; or

ii. b. Thirty-three semester hours of education or physical education courses, including:

(1) i. At least nine semester hours of elementary, secondary and adaptive physical education methods;

(2) ii. Foundational coursework in the areas of Growth and Motor Development, Movement Activities, Lifelong Physical Fitness and Comprehensive School Physical Activity Programming; and

(3) iii. Twelve semester hours of practicum in physical education in PreK-12 grades, evenly split between elementary and secondary physical education, and supervised by a licensed or certified physical education teacher. Two years of verified full-time teaching experience in the certificate area in grades PreK-12 may substitute for the 12 semester hours of practicum; or

iii. c. A valid PreK-12 physical education certificate from another state.

c. 3. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment.

d. 4. A passing score on the Physical Education subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment.

e. 5. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

E. Standard PreK-12 Physical Education Certificate

1. The certificate is valid for six years.

2. The requirements are:

a. The provisional PreK-12 Physical Education certificate.

b. Two years of verified teaching experience will be accepted in lieu of the performance portion of the Arizona Teacher Proficiency Assessment.

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

H. Standard Professional PreK-12 Physical Education Certificate for applications received on or after August 1, 2018.

1. The requirements include all of the following:

a. A bachelor's degree;

b. Completion of a teacher preparation program in PreK-12 physical education a Board-approved educator preparation program or from an accredited institution offering substantially similar training, addressing the following topics and any others as required by law:

i. Elementary, secondary and adaptive physical education methods;

ii. Foundational coursework in the areas of Growth and Motor Development;

iii. Movement Activities;

iv. Lifelong Physical Fitness;

v. Instructional design and lesson planning, including modifications, and accommodations;

vi. The learning environment, including classroom management;

vii. Assessing, monitoring and reporting progress;

viii. Professional responsibility and ethical conduct and;

ix. Twelve weeks of capstone experience as described in R7-2-604 in grades PreK-12 physical education, serving students in elementary and secondary physical education, which may be completed during the valid period of a teaching intern or student teaching intern certificate. One year of verified full-time teaching experience in the certificate area in grades PreK-12 physical education may substitute for the capstone experience requirement;

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment;

d. A passing score on the Physical Education subject knowledge portion of the Arizona Teacher Proficiency Assessment, unless the applicant has a bachelor's, master's or doctoral degree in a relevant content area or otherwise qualifies for a waiver of the subject knowledge assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

2. Applicants may meet the requirements in subsection (H)(1)(b) with the submission of an application for the Standard Professional PreK-12 Physical Education certificate that includes evidence of two years of verified full-time teaching experience in grades PreK-12 physical education, and Board-approved or accredited training or coursework which teaches the knowledge and skills described in R7-2-602 and subsections (H)(1)(b)(i)-(viii). One year of verified full-time teaching experience in grades PreK-12 physical education may be substituted for the capstone experience.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 4581, effective December 18, 2004 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 1885, effective June 26, 2005 (Supp. 05-2). Amended by exempt rulemaking at 15 A.A.R. 1225, effective December 5, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1259, effective March 26, 2007 (Supp. 09-2). Amended by exempt rulemaking at 15 A.A.R. 1298, effective July 18, 2007 (Supp. 09-3). Former R7-2-613 recodified to R7-2-614 ; new R7-2-613 recodified from R7-2-612 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-613 recodified to R7-2-614 ; new R7-2-613 recodified from R7-2-612 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 235, effective December 7, 2009 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 6/22/2015. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017; filed in the Office on January 2, 2018 (Supp. 18-1). The hyphen between "PreK-12" has been changed to the word "through" in the Section heading and subsections for consistency in Chapter style and format (Supp. 21-1).

Ariz. Admin. Code § R7-2-614 Other Teaching Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607.

B. Substitute Certificate - PreK through 12

1. The certificate is valid for six years and renewable by reapplication.

2. The certificate entitles the holder to substitute in the temporary absence of a regular contract teacher. A person holding only a substitute certificate shall not be assigned a contract teaching position.

3. An individual who holds a valid teaching or administrator certificate shall not be required to hold a substitute certificate to be employed as a substitute teacher.

4. A person holding only a substitute certificate shall be limited to teaching 120 days in the same school each school year.

5. 4. The requirements for issuance are:

a. A bachelor's degree, and

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. 5. Substitute certificates previously issued as valid for life under this Section shall remain valid for life.

7. A person holding only a substitute certificate may be exempt from the limit on teaching 120 days in the same school each school year if the school district superintendent has provided verification to the Department of Education that the position is continuously advertised on a statewide basis at a minimum of three sites with at least one being a higher education institution and that a highly qualified and employable candidate was not found. An exemption from teaching 120 days shall not be granted to the same individual more than three times.

C. Emergency Substitute Certificate - PreK through 12

1. The certificate is valid for two school years or part thereof. The expiration date shall be July 1 in the year of expiration.

2. The certificate entitles the holder to substitute only in the district that has a verified emergency employment situation.

3. The certificate entitles the holder to substitute in the temporary absence of a regular contract teacher. A person holding only an emergency substitute certificate shall not be assigned a contract teaching position.

4. The holder of an emergency substitute certificate shall be limited to 120 days of substitute teaching in the same school each school year. A person holding an emergency substitute certificate may be exempt from the limit on teaching 120 days in the same school each school year if the school district superintendent provides verification to the Department that the position has been continuously advertised on a statewide basis at a minimum of three sites with at least one being a higher education institution and that an employable candidate was not found. An exemption from teaching 120 days shall not be granted to the same individual more than three times.

5. The requirements for initial issuance are:

a. A high school diploma, General Education diploma, or associate's degree;

b. Verification from the school district superintendent that an emergency employment situation exists; and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. The requirements for each reissuance are:

a. Two semester hours of academic courses completed since the last issuance of the Emergency Substitute Certificate. District in-service programs designed for professional development may substitute for academic courses. Fifteen clock hours of inservice is equivalent to one semester hour. In-service hours shall be verified by the district superintendent or personnel director. Academic courses and in-service programs completed pursuant to this section may include classroom management and professionalism and ethics. Individuals who have earned 30 or more semester hours are exempt from this requirement,

b. Verification from the school district superintendent that an emergency employment situation exists, and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

D. Emergency Teaching Certificate - birth through grade 12

1. The emergency teaching certificate is valid one school year or part thereof. The expiration date shall be the following July 1. Excluding an emergency teaching certificate issued under subsection (D)(6), an emergency teaching certificate shall not be issued more than three times to an individual.

2. The emergency teaching certificate entitles the holder to enter into a teaching contract.

3. Emergency teaching certificates shall be issued for early childhood, elementary and secondary certificates required by A.R.S. § 15-502(B) and required endorsements.

4. The emergency teaching certificate entitles the holder to teach only in the district or charter school that verifies that an emergency employment situation exists.

5. The requirements for initial issuance are:

a. A bachelor's degree,

b. Verification from the school district superintendent or charter school administrator that an emergency employment situation exists, and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

Notwithstanding this subsection, an emergency teaching certificate entitling the holder to teach in any Arizona school district or charter school may be issued for early childhood, elementary, middle grades, secondary, special education, and PreK through 12 teaching certificates for applicants who meet the following requirements:

a. A bachelor's degree,

b. Completion of a teacher preparation program in the certification area, as described in R7-2-608, R7-2-609, R7-2-609.01, R7-2-610, R7-2-611 and R7-2-613, from a Board-approved educator preparation program or from an accredited institution offering substantially similar training,

c. Verification that the applicant was unable to take one or all portions of the proficiency assessments required for the requested certificate as the result of a public health emergency declared by the governor or a public health official, and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

7. Emergency teaching certificates issued pursuant to subsection (D)(6) shall not be renewed or re-issued.

E. Alternative Teaching Certificate - PreK through 12

1. The certificate is valid for two years from the date of initial issuance and may be extended yearly for no more than two consecutive years at no cost to the applicant if the provisions in subsection (E)(5) are met.

2. The alternative teaching certificate entitles the holder to enter into a teaching contract while completing the requirements for an Arizona teaching certificate. During the valid period of the alternative teaching certificate the holder may teach in a Structured English Immersion classroom, or in any subject area in which the holder has passed the appropriate Arizona Teacher Proficiency Assessment. Alternative Teaching certificate holders who teach in a Structured English Immersion classroom shall hold a valid Provisional or full Structured English Immersion Endorsement, an English as a Second Language Endorsement, or a Bilingual Endorsement, if applicable. The candidate shall be enrolled in a Board authorized alternative path to certification program or a Board approved teacher educator preparation program.

3. An individual is not eligible to hold the alternative teaching certificate more than once in a five year period.

4. The requirements for initial issuance of the alternative teaching certificate are:

a. A bachelor's degree or higher from an accredited institution;

b. Verification of enrollment in a Board approved alternative path to certification program, or a Board approved educator preparation program; and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

5. The requirements for the extension of the alternative teaching certificate are:

a. The alternative teaching certificate outlined in subsection (E)(4),

b. Verification from the educator preparation program in which the alternative teaching certificate holder is enrolled, that the certificate holder has made adequate progress toward completion of the program,

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. The holder of the alternative teaching certificate may apply for a Standard teaching certificate upon completion of the following:

a. Successful completion of a Board authorized alternative path to certification program or a Board-approved educator preparation program.

b. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment as applicable;

c. A passing score on one or more subject knowledge portions of the Arizona Teacher Proficiency Assessment that corresponds to the Board approved alternative path to certification program in which the applicant is enrolled, unless the applicant has a bachelor's, master's or doctoral degree in the corresponding content area;

d. The submission of an application for a Standard teaching certificate to the Department;

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

7. Placement decisions of alternative teaching certificate holders shall only be based on agreements between the educator preparation provider, the provider's partner organizations and the local education agency except as otherwise provided in this subsection.

F. Standard Adult Education Certificate

1. The holder is qualified to teach Adult Basic Education, Adult Secondary Education, English Language Acquisition for Adults, or Citizenship.

2. The requirements are:

a. A valid fingerprint clearance card issued by the Arizona Department of Public Safety, and

b. A bachelor's degree.

3. The renewal requirements are completion of a professional development program, described in R7-2-619.

G. Junior Reserve Officer Training Corps Teaching Certificate - grades nine through 12

1. The standard certificate is valid at any local education agency which conducts an approved Junior Reserve Officer Training Corps program of the Air Force, Army, Navy, or Marine Corps.

2. The requirements are:

a. Verification by the district of an approved Junior Reserve Officer Training Corps program of instruction in which the applicant will be teaching,

b. Verification by the district that the applicant meets the work experience required by the respective military service, and

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

H. Athletic coaching certificate - grades seven through 12

1. The standard certificate entitles the holder to perform coaching duties in interscholastic and extracurricular athletic activities. It is not required for teachers who hold a valid elementary, secondary or special education certificate.

2. The requirements are:

a. Valid certification in first aid and Coronary and Pulmonary Resuscitation (CPR);

b. Completion of courses, Board-approved or accredited seminars or modules of study which shall include the following:

i. Methods of coaching,

ii. Anatomy and physiology,

iii. Sports psychology,

iv. Adolescent psychology,

v. The prevention and treatment of athletic injuries; and

vi. Signs of physical abuse, emotional abuse, sexual abuse, neglect, bullying, hazing and cyberbullying.

c. Two hundred fifty hours of verified coaching experience in the sport to be coached. Coaching experience may include experience as a head coach or assistant coach in a school program or in an organized athletic league; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

4. Renewal requirements are:

a. Completion of a professional development program described in R7-2-619 ,

b. Valid certification in first aid and CPR.

I. International Teaching Certificate

1. The International Teaching certificate is issued to teachers from foreign countries who are contracted through the foreign teacher program as authorized by federal statutes enacted by the Congress of the United States or other foreign teacher recruitment programs approved by the United States Department of State or the United States Citizenship and Immigration Services.

2. This certificate is valid for the length of the certificate holder's visa, not to exceed 12 years.

3. The requirements are:

a. Verification that the applicant has completed teacher preparation in the home country or country of legal residence that is comparable to the requirements to qualify for an Arizona teaching certificate as provided in R7-2-608, R7-2-609, R7-2-610, R7-2-610.01, R7-2-610.02, R7-2-611 and R7-2-613.

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

c. A valid non-immigrating visa issued by the United States Department of State or the United States Citizenship and Immigration Services for international teachers.

d. Verification that the applicant has been contracted by an Arizona school through a foreign teacher program.

4. An individual with an international teaching certificate may qualify for a certificate to instruct students in a language other than English with submission of a letter from a department chair or dean of an accredited institution in another country or in the United States verifying that the applicant is proficient in the language.

5. The international teaching certificate may be extended with the following:

a. Verification of an extended visa issued by the United State Department of State or the United States Citizenship and Immigration Services for international teachers. The certificate may be extended to the new expiration date of the visa not to exceed 12 years.

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

J. Native American Language Certificate

1. The standard certificate is optional and issued to individuals to teach only a Native American language in grades PreK through 12.

2. The requirements are:

a. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

b. Language proficiency in a Native American Language. Proficiency shall be verified on official letterhead by a person, persons, or entity designated by the appropriate tribe.

3. The certificate may be renewed upon completion of professional development, as prescribed in R7-2-619.

K. Student Teaching Intern Certificate - PreK through 12

1. The student teaching intern certificate is optional and is not a requirement for participation in a student teaching capstone experience.

2. The certificate entitles the holder to perform teaching duties under the supervision of a program supervisor as defined in R7-2-604(14) and is only valid in the school district or charter school requesting the certificate.

3. The certificate is valid for one year from date of initial issuance and may be extended for one year at no cost to the applicant if the provisions in subsection (K)(4) are met.

4. The requirements are:

a. Verification of enrollment in the culminating student teaching capstone experience of a Board approved educator preparation program pursuant to R7-2-604.01 ,

b. Verification documenting completed coursework with a minimum GPA of 3.0 on a 4.0 scale or the equivalent,

c. A passing score on the professional knowledge portion of the Arizona Teacher Proficiency Assessment that corresponds to the teaching certificate the student teaching intern is pursuing,

d. A passing score on the subject knowledge portion of the Arizona Teacher Proficiency Assessment that corresponds to the teaching certificate the student teaching intern is pursuing,

e. A request for issuance of the student teaching intern certificate from the district superintendent or charter school superintendent and the educator preparation program.

f. Verification from the educator preparation provider that a written supervision plan, approved by the Board, includes the following:

i. The educator preparation provider's roles and responsibilities for the Program Supervisor, and

ii. The onsite mentorship and induction provided by the Local Education Agency.

g. A valid fingerprint card issued by the Arizona Department of Public Safety.

5. Placement decisions of student teaching intern certificate holders shall only be based on collaborative agreements between the Board approved educator preparation provider and the local education agency. Notwithstanding any other provision, a student teaching intern certificate holder may not teach in a special education classroom unless the certificate holder has a bachelor's degree.

6. The holder of the student teaching certificate may apply for an Arizona Teaching Certificate upon completion of the following:

a. Successful completion of a Board approved educator preparation program.

b. The submission of an application, and all required documentation including an institutional recommendation, for the Arizona teaching certificate to the Department.

L. Classroom-Based Standard Teaching Certificate

1. The requirements are:

a. A bachelor's degree;

b. Successful completion of a Board-approved Classroom-Based Alternative Preparation Program;

c. Verification of satisfactory progress and achievement with students;

d. Demonstration of subject knowledge proficiency with:

i. Verification of teaching courses relevant to a content area or subject matter for the last two consecutive years, and for a total of at least three years at one or more accredited postsecondary institutions; or

ii. A bachelor's, master's or doctoral degree from an accredited institution in the applicable subject area; or

iii. Verification of a minimum of five years of work experience in the applicable subject area of certification; or

iv. Three years of verified teaching experience in the same area of certification in which the individual is applying for certification; or

v. A passing score on the applicable subject knowledge portion of the Arizona Teacher Proficiency Assessment;

e. Demonstration of professional knowledge proficiency with:

i. Three years of verified teaching experience in the same area of certification in which the individual is applying for certification; or

ii. A passing score on the applicable professional knowledge portion of the Arizona Teacher Proficiency Assessment;

f. An individual seeking certification who was teaching courses or subjects tested by the statewide assessment must also provide:

i. Verified evidence of two years of full-time teaching; and

ii. Verified evidence that the individual's students performed at grade level; or

iii. Verified evidence that the individual's students achieved at least one year of academic growth at a rate equivalent to the state average for the students' associated peer groups;

g. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Section R7-2-614 amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3739, effective August 5, 2002 for a period of 180 days (Supp. 02-3). Emergency rulemaking renewed under A.R.S. § 41-1026 at 9 A.A.R. 522, effective January 31, 2003 for a period of 180 days (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 1605, effective May 5, 2003 (Supp. 03-2). Amended by exempt rulemaking at 15 A.A.R. 1304, effective June 26, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1898, effective April 28, 2008 (Supp. 09-2). Former R7-2-614 recodified to R7-2-615 ; new R7-2-614 recodified from R7-2-613 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-614 recodified to R7-2-615 ; new R7-2-614 recodified from R7-2-613 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 52, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 63, effective June 22, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 728, effective March 22, 2010 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 8/27/2012. Amended by exempt rulemaking at 21 A.A.R. 2009, effective 6/24/2013. Amended by exempt rulemaking at 21 A.A.R. 2009, effective 1/26/2015. Amended by exempt rulemaking at 22 A.A.R. 667, effective 1/25/2016. Amended by exempt rulemaking at 22 A.A.R. 2617, effective 8/22/2016. Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2947, effective 9/24/2018. Amended by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020. Amended by final exempt rulemaking at 28 A.A.R. 366, effective 1/24/2022.

Ariz. Admin. Code § R7-2-615 Endorsements

A. An endorsement shall be automatically renewed with the certificate on which it is posted.

B. Except as noted, all endorsements are subject to the general certification provisions in R7-2-607.

C. Endorsements which are optional as specified herein may be required by local governing boards.

D. Special subject endorsements - grades Pre-K through 12

1. Special subject endorsements shall be issued in the area of art, computer science, dance, dramatic arts, music, or physical education.

2. Special subject endorsements are optional.

3. The requirements are:

a. An Arizona elementary, secondary, or special education certificate;

b. One course in the methods of teaching the subject at the elementary level and one course in the methods of teaching the subject at the secondary level; and

c. One of the following:

i. Thirty semester hours of courses in the subject area which may include the courses listed in subsection (D)(3)(b);

ii. A passing score on the subject area portion of the Arizona Teacher Proficiency Assessment, if an assessment has been adopted by the Board; or

iii. A passing score on a comparable out-of-state subject area assessment.

E. Mathematics Specialist Endorsement "" grades K through eight. This subsection is valid until June 30, 2011.

1. The mathematics specialist endorsement is optional.

2. The requirements are:

a. An Arizona elementary or special education certificate,

b. Three semester hours of courses in the methods of teaching elementary school mathematics, and

c. Fifteen semester hours of courses in mathematics education for teachers of elementary or middle school mathematics.

F. Mathematics Endorsement - grades K through eight. This subsection becomes effective on July 1, 2011.

1. The mathematics endorsement is optional for all K through eight teachers, but recommended for an individual in the position of mathematics specialist, consultant, interventionist, or coach. Nothing in this Section prevents school districts from requiring certified staff to obtain a mathematics endorsement as a condition of employment. The mathematics endorsement does not waive the requirements set forth in R7-2-607(J).

2. The requirements are:

a. An Arizona elementary or special education certificate;

b. Three years of full-time teaching experience in grades K through eight; and

c. Eighteen semester hours to include:

i. Three semester hours of data analysis, probability, and discrete mathematics;

ii. Three semester hours of geometry and measurement;

iii. Six semester hours of patterns, algebra, and functions; and

iv. Six semester hours of number and operations.

d. Six semester hours to include:

i. Three semester hours of mathematics classroom assessment;

ii. Three semester hours of research-based practices, pedagogy, and instructional leadership in mathematics.

e. A passing score on the middle school mathematics knowledge portion of the Arizona Educator Proficiency Assessment may be substituted for the 18 semester hours described in subsection (F)(2)(c).

f. Completion of a comparable valid mathematics specialist certificate or endorsement from another state may be substituted for the requirements described in subsection (F)(2)(c) and (d).

G. Reading Specialist Endorsement - grades K through 12. This subsection is valid until June 30, 2011.

1. The reading specialist endorsement shall be required of an individual in the position of reading specialist, reading consultant, remedial reading teacher, special reading teacher, or in a similar position.

2. The requirements are:

a. An Arizona elementary, secondary, or special education certificate; and

b. Fifteen semester hours of courses to include decoding, diagnosis and remediation of reading difficulties, and practicum in reading.

H. Reading Endorsement. This subsection becomes effective on July 1, 2011.

1. A reading endorsement shall be required of an individual in the position of reading or literacy specialist, reading or literacy coach, and reading or literacy interventionist.

Reading Endorsement for grades K through eight. The requirements are:

a. A valid Arizona elementary special education or early childhood certificate,

b. Three years of full-time teaching experience,

c. Three semester hours of a supervised field experience or practicum in reading completed for the grades K through eight, and

d. One of the following:

i. Twenty-one semester hours beyond requirements of initial provisional or standard teaching certificate to include the following:

(1) Three semester hours in the theoretical and research foundations of language and literacy;

(2) Three semester hours in the essential elements of elementary reading and writing instruction (K through eight);

(3) Three semester hours in the elements of elementary content area reading and writing (K through eight);

(4) Six total semester hours in reading assessment systems;

(5) Three semester hours in leadership; and

(6) Three semester hours of elective courses in an area of focus that will deepen knowledge in the teaching of reading to elementary students, such as children's literature, or teaching reading to English Language Learners.

ii. Proof of a comparable valid reading specialist certificate or endorsement from another state may be substituted for the requirements described in subsections (H)(2)(c) and (d)(i).

e. A passing score on the reading endorsement subject knowledge portion of the Arizona Educator Proficiency Assessment for grades K through eight may be substituted for 21 semester hours of reading endorsement coursework as described in subsection (H)(2)(d)(i).

3. Reading Endorsement for grades six through 12. The requirements are:

a. A valid Arizona elementary, secondary, or special education certificate;

b. Three years of full-time teaching experience;

c. Three semester hours of supervised field experience or practicum in reading completed for the grades six through 12; and

d. One of the following:

i. Twenty-one semester hours beyond requirements of initial provisional or standard teaching certificate to include the following:

(1) Three semester hours in the theoretical and research foundations of language and literacy;

(2) Three semester hours in the essential elements of reading and writing instruction for adolescents (grades six through 12);

(3) Three semester hours in the elements of content area reading and writing for adolescents (grades six through 12);

(4) Six total semester hours in reading assessment systems;

(5) Three semester hours in leadership; and

(6) Three semester hours of elective courses in an area of focus that will deepen knowledge in the teaching of reading such as adolescent literature, or teaching reading to English Language Learners.

ii. Proof of a comparable valid reading specialist certificate or endorsement from another state may be substituted for the requirements described in subsections (H)(3)(c) and (d)(i).

e. A passing score on the reading endorsement subject knowledge portion of the Arizona Educator Proficiency Assessment for grades six through 12 may be substituted for 21 semester hours of reading endorsement coursework as described in subsection (H)(3)(d)(i).

4. Reading Endorsement - grades K through 12. The requirements are:

a. A valid Arizona elementary, secondary, special education certificate or early childhood certificate;

b. Three years of full-time teaching experience;

c. Three semester hours of a supervised field experience or practicum in reading completed for the grades K through five;

d. Three semester hours of a supervised field experience or practicum in reading completed for the grades six through 12; and

e. One of the following:

i. Twenty-four semester hours beyond requirements of initial provisional or standard teaching certificate to include the following:

(1) Three semester hours in the theoretical and research foundations of language and literacy,

(2) Three semester hours in the essential elements of elementary reading and writing instruction (grades K through eight),

(3) Three semester hours in the essential elements of reading and writing instruction for adolescents (grades six through 12),

(4) Three semester hours in the elements of elementary content area reading and writing (grades K through eight),

(5) Three semester hours in the elements of content area reading and writing for adolescents (grades six through 12),

(6) Six total semester hours in reading assessment systems, and

(7) Three semester hours in leadership,

ii. Proof of a comparable valid reading specialist certificate or endorsement from another state may be substituted for the requirements described in subsections (H)(4)(c), (d) and (e)(i).

f. A passing score on the reading endorsement subject knowledge portion of the Arizona Educator Proficiency Assessment for grades K through eight and a passing score on the reading endorsement professional knowledge portion of the Arizona Educator Proficiency Assessment for grades six through 12 may be substituted for 24 semester hours of reading endorsement coursework as described in subsection (H)(4)(e)(i).

I. Elementary Foreign Language Endorsement - grades K through eight

1. The elementary foreign language endorsement is optional.

2. The requirements are:

a. An Arizona elementary, secondary or special education certificate.

b. Proficiency in speaking, reading, and writing a language other than English, verified by the appropriate language department of an accredited institution. American Indian language proficiency shall be verified by an official designated by the appropriate tribe.

c. Three semester hours of courses in the methods of teaching a foreign language at the elementary level.

J. Bilingual Endorsements - PreK through 12

1. A provisional bilingual endorsement or a bilingual endorsement is required of an individual who is a bilingual classroom teacher, bilingual resource teacher, bilingual specialist, or otherwise responsible for providing bilingual instruction.

2. The provisional bilingual endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, supervisor, principal, superintendent, special education, early childhood, arts education or CTE certificate; and

b. Proficiency in a spoken language other than English, verified by one of the following:

i. A passing score on the Arizona Classroom Spanish Proficiency exam;

ii. A passing score on a foreign language subject knowledge portion of the Arizona Teacher Proficiency Assessment or a comparable foreign language subject knowledge exam from another state;

iii. If an exam in the language is not offered through the Arizona Teacher Proficiency Assessment or the American Council on the Teaching of Foreign Languages, proficiency may be verified by the language department of an accredited institution. A minimum passing score of "Advanced Low" is required on the American Council on the Teaching of Foreign Languages for Speaking and Writing Exams in the foreign language;

iv. Proficiency in American Indian languages shall be verified by an official designated by the appropriate tribe; or

c. Proficiency in sign language is verified through 24 hours of coursework from an accredited institution.

3. The holder of the bilingual endorsement is also authorized to teach English as a Second Language.

4. The requirements are:

a. An Arizona elementary, secondary, supervisor, principal, superintendent, special education, early childhood, arts education or CTE certificate;

b. Completion of a bilingual education program from an accredited institution or the following courses:

i. Three semester hours of foundations of instruction for non-English-language-background students;

ii. Three semester hours of bilingual methods;

iii. Three semester hours of English as a Second Language for bilingual settings;

iv. Three semester hours of courses in bilingual materials and curriculum, assessment of limited-English-proficient students, teaching reading and writing in the native language, or English as a Second Language for bilingual settings;

v. Three semester hours of linguistics to include psycholinguistics, sociolinguistics, first language acquisition, and second language acquisition for language minority students, or American Indian language linguistics;

vi. Three semester hours of courses dealing with school, community, and family culture and parental involvement in programs of instruction for non-English-language-background students; and

vii. Three semester hours of courses in methods of teaching and evaluating handicapped children from non-English-lan-guage backgrounds. These hours are only required for bilingual endorsements on special education certificates.

c. A valid bilingual certificate or endorsement from another state may be substituted for the courses described in subsection (J)(4)(b);

d. Practicum in a bilingual program or two years of verified bilingual teaching experience; and

e. Proficiency in a spoken language other than English, verified by one of the following:

i. A passing score on the Arizona Classroom Spanish Proficiency exam;

ii. A passing score on a foreign language subject knowledge portion of the Arizona Teacher Proficiency Assessment or a comparable foreign language subject knowledge exam from another state;

iii. If an exam in the language is not offered through the Arizona Teacher Proficiency Assessment or the American Council on the Teaching of Foreign Languages, proficiency may be verified by the language department of an accredited institution. A minimum passing score of "Advanced Low" is required on the American Council on the Teaching of Foreign Languages for Speaking and Writing Exams in the foreign language;

iv. Proficiency in American Indian languages shall be verified by an official designated by the appropriate tribe; or

f. Proficiency in sign language is verified through 24 hours of coursework from an accredited institution.

K. English as a Second Language (ESL) Endorsements - grades Pre-K through 12

1. An ESL or bilingual endorsement is required of an individual who is an ESL classroom teacher, ESL specialist, ESL resource teacher, or otherwise responsible for providing ESL instruction.

2. The provisional ESL endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, supervisor, principal, superintendent, special education, early childhood, arts education or CTE certificate; and

b. Six semester hours of courses specified in subsection (K)(3)(b), including at least one course in methods of teaching ESL students.

3. The requirements for the ESL endorsement are:

a. An Arizona elementary, secondary, supervisor, principal, superintendent, special education, early childhood, arts education or CTE certificate;

b. Completion of an ESL education program from an accredited institution or the following courses:

i. Three semester hours of courses in foundations of instruction for non-English-language-background students. Three semester hours of courses in the nature and grammar of the English language, taken before January 1, 1999, may be substituted for this requirement;

ii. Three semester hours of ESL methods;

iii. Three semester hours of teaching of reading and writing to limited-English-proficient students;

iv. Three semester hours of assessment of limited-English-proficient students;

v. Three semester hours of linguistics; and

vi. Three semester hours of courses dealing with school, community, and family culture and parental involvement in programs of instruction for non-English-language-background students.

vii. A passing score on a foreign language subject knowledge portion of the Arizona Teacher Proficiency Assessment or a comparable foreign language subject knowledge exam from another state; or

c. Three semester hours of a practicum or two years of verified ESL or bilingual teaching experience, verified by the district superintendent;

d. Second language learning experience, which may include sign language. Second language learning experience may be documented by any of the following:

i. Six semester hours of courses in a single second language, or the equivalent, verified by the department of language, education, or English at an accredited institution;

ii. Completion of intensive language training by the Peace Corps, the Foreign Service Institute, or the Defense Language Institute;

iii. Placement by the language department of an accredited institution in a third-semester level;

iv. Placement at level 1-intermediate/low or more advanced score on the Oral Proficiency Interview, verified by the American Council for the Teaching of Foreign Languages;

v. Passing score on the Arizona Classroom Spanish Proficiency Examination approved by the Board; or

vi. Proficiency in an American Indian language, verified by an official designated by the appropriate tribe.

vii. A passing score on a foreign language subject knowledge portion of the Arizona Teacher Proficiency Assessment or a comparable foreign language subject knowledge exam from another state; or

e. A valid ESL certificate or endorsement from another state may be substituted for the requirements described in subsection (K)(3)(b), (c) and (d).

L. Structured English Immersion (SEI) Endorsement - Pre-K through 12. A Provisional or full Structured English Immersion (SEI) endorsement, or an English as a Second Language or Bilingual endorsement, shall be required of a teacher who is instructing students in a sheltered English immersion or structured English immersion model.

1. The provisional SEI endorsement is valid for three years and is not renewable. The requirements are:

a. An Arizona elementary, secondary, special education, CTE, early childhood, Pre-K through 12 teaching, supervisor, principal or superintendent certificate; and

b. One semester hour or 15 clock hours of professional development in Structured English Immersion methods of teaching English Language Learner (ELL) students, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools through a training program that meets the requirements of A.R.S. § 15-756.09(B).

2. The requirements for the SEI endorsement are: an Arizona elementary, secondary, special education, CTE, early childhood, Pre-K through 12 teaching, supervisor, principal, or superintendent certificate; and one of the following:

a. Three semester hours of courses related to the teaching of the English Language Learner Proficiency Standards adopted by the Board, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools; or

b. Completion of 45 clock hours of professional development in the teaching of the English Language Learner Proficiency Standards adopted by the Board, including but not limited to instruction in SEI strategies, teaching with the ELL Proficiency Standards adopted by the Board and monitoring ELL student academic progress using a variety of assessment tools through a training program that meets the requirements of A.R.S. § 15-756.09(B).

c. A passing score on the Structured English Immersion portion of the Arizona Teacher Proficiency Assessment.

3. Nothing in this Section prevents a school district or charter school from requiring certified staff to obtain an SEI, ESL or bilingual endorsement as a condition of employment.

M. Gifted Endorsements - grades Pre-K through 12

1. A gifted endorsement is required of individuals whose primary responsibility is teaching gifted students.

2. The provisional gifted endorsement is valid for three years and is not renewable. The requirements are an Arizona elementary, secondary, early childhood or special education certificate and one of the following:

a. Two years of verified teaching experience in which most students were gifted,

b. Ninety clock hours of verified in-service training in gifted education, or

c. Six semester hours of courses in gifted education.

3. Requirements for the gifted endorsement are:

a. An Arizona elementary, secondary, early childhood or special education certificate;

b. Completion of nine semester hours of upper division or graduate level courses in an academic discipline such as science, mathematics, language arts, foreign language, social studies, psychology, fine arts, or computer science; and

c. Two of the following:

i. Three years of verified teaching experience in gifted education as a teacher, resource teacher, specialist, or similar position, verified by the district; or

ii. A minimum of 135 clock hours of verified in-service training in gifted education; or

iii. Completion of 12 semester hours of courses in gifted education. District in-service programs in gifted education may be substituted for up to six semester hours of gifted education courses. Fifteen clock hours of in-service is equivalent to one semester hour. In-service hours shall be verified by the district superintendent or personnel director. Practicum courses shall not be accepted toward this requirement; or

iv. Completion of six semester hours of practicum or two years of verified teaching experience in which most students were gifted.

N. Early Childhood Education Endorsements - birth through age 8

1. When combined with an Arizona elementary education teaching certificate or an Arizona special education teaching certificate, the early childhood endorsement may be used in lieu of an early childhood education certificate as described in R7-2-608 . When combined with an Arizona cross-categorical, specialized special education, or severe and profound teaching certificate as described in R7-2-611, the early childhood endorsement may be used in lieu of an Early Childhood Special Education certificate.

2. The provisional early childhood endorsement is valid for three years and is not renewable. The requirements are:

a. A valid Arizona elementary teaching certificate as provided in R7-2-609 or a valid Arizona special education teaching certificate as provided in R7-2-611, and

b. A passing score on the early childhood subject knowledge portion of the Arizona Teacher Proficiency Assessment.

3. The requirements for the early childhood endorsement are:

a. A valid Arizona elementary education teaching certificate as provided in R7-2-609 or a valid Arizona special education teaching certificate as provided in R7-2-611, and

b. Early childhood education coursework and practicum experience which includes both of the following:

i. Twenty-one semester hours of early childhood education courses to include all of the following areas of study:

(1) Foundations of early childhood education;

(2) Child guidance and classroom management;

(3) Characteristics and quality practices for typical and atypical behaviors of young children;

(4) Child growth and development, including health, safety and nutrition;

(5) Child, family, cultural and community relationships;

(6) Developmentally appropriate instructional methodologies for teaching language, math, science, social studies and the arts;

(7) Early language and literacy development;

(8) Assessing, monitoring and reporting progress of young children; and

ii. A minimum of eight semester hours of practicum including:

(1) A minimum of four semester hours in a supervised field experience, practicum, internship or student teaching setting serving children birth through preschool. One year of full-time verified teaching experience with children in birth through preschool may substitute for this student teaching experience. This verification may come from a school-based education program or center-based program licensed by the Department of Health Services or regulated by tribal or military authorities; and

(2) A minimum of four semester hours in a supervised student teaching setting serving children in kindergarten through grade three. One year of full-time verified teaching experience with children in kindergarten through grade three in an accredited school may substitute for this student teaching experience;

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety, and

d. A passing score on the early childhood professional knowledge portion of the Arizona Educator Proficiency Assessment may be substituted for the 21 semester hours of early childhood education courses as described in subsection (N)(3)(b)(i); and

e. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment.

4. Teachers with a valid Arizona elementary education certificate or Arizona special education certificate meet the requirements of this Section with evidence of the following:

a. A minimum of three years infant/toddler, preschool or kindergarten through grade three classroom teaching experience; and

b. A passing score on the early childhood subject knowledge portion of the Arizona Educator Proficiency Assessment.

O. Library-Media Specialist Endorsement - grades Pre-K through 12

1. The library-media specialist endorsement is optional.

2. Requirements are:

a. An Arizona elementary, secondary, early childhood or special education certificate;

b. A passing score on the Library Media Specialist portion of the Arizona Teacher Proficiency Assessment. A master's degree in Library Science may be substituted for a passing score on the assessment; and

c. One year of teaching experience.

P. Middle Grade Endorsement - grades five through nine

1. The middle grade endorsement is optional. The middle grade endorsement may expand the grades a teacher is authorized to teach on an elementary or secondary certificate.

2. The requirements are:

a. An Arizona elementary or secondary certificate, and

b. Six semester hours of courses in middle grade education to include:

i. One course in early adolescent psychology;

ii. One course in middle grade curriculum; and

iii. A practicum or one year of verified teaching experience, in grades five through nine.

Q. Drivers Education Endorsement

1. The drivers education endorsement is optional.

2. The requirements are:

a. An Arizona teaching certificate,

b. A valid Arizona driver's license,

c. One course in each of the following:

i. Safety education,

ii. Driver and highway safety education, and

iii. Driver education laboratory experience, and

d. A driving record with less than seven violation points and no revocation or suspension of driver's license within the two years preceding application.

3. For the purposes of this Section, a course is defined as a three hour semester course offered by an accredited institution of higher learning or 45 clock hours of educational classes approved by the Department. Each semester hour of courses shall be equivalent to 15 clock hours of training. If semester hours are used, the required documentation for the semester hours shall be an official transcript.

R. Cooperative Education Endorsement - grades K through 12

1. The cooperative education endorsement is required for individuals who coordinate or teach CTE.

2. The requirements are:

a. A provisional or standard CTE certificate in the areas of agriculture, business, family and consumer sciences, health occupations, marketing, or industrial technology; and

b. One course in CTE.

S. Computer Science, PreK through eight Endorsement

1. The computer science, PreK through eight endorsement authorizes the holder to teach computer science in prekindergarten through grade eight.

2. The requirements are:

a. An Arizona Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Special Education, or PreK through 12 Teaching certificate;

b. Three semester hours in foundations for teaching computer science which addresses the following topics:

i. Introduction to computer science;

ii. Inclusive recruitment, retention, and pedagogical strategies in computing education;

iii. Computational thinking;

iv. Instructional planning based on the Arizona state standards for computer science, or comparable computer science standards.

c. Six semester hours in computer science to include the following:

i. Three semester hours in teaching and learning programming for educators; and

ii. Three semester hours in a computer science elective which may include, but is not limited to, physical computing or mobile computing.

3. Completion of a training program through an Arizona public local education agency or an accredited institution may substitute for the semester hours required in subsection (S)(2)(b) (S)(2)(c). Fifteen clock hours of training, or the equivalent competencybased credential, is equivalent to one semester hour of college coursework. Training programs shall be verified by a superintendent or personnel director of the Arizona local education agency or the appropriate administrator of an accredited institution.

T. Computer Science, grades six through 12 Endorsement

The computer science, grades six through 12 endorsement authorizes the holder to teach computer science in grades six through 12.

2. The requirements are:

a. A valid Arizona Standard Professional Elementary, Middle Grades, Secondary, Hearing Impaired, Visually Impaired, Mild/Moderate Disabilities, Moderate/Severe Disabilities, or PreK through 12 Teaching certificate;

b. Three semester hours in foundations for teaching computer science which addresses the following topics:

i. Introduction to computer science;

ii. Inclusive recruitment, retention, and pedagogical strategies in computing education;

iii. Computational thinking;

iv. Instructional planning based on the Arizona state standards for computer science or comparable computer science standards.

c. Nine semester hours of courses in computer science to include the following:

i. Three semester hours in teaching and learning programming for educators; and

ii. Six semester hours in computer science electives which may include, but is not limited to, computer programming, cybersecurity, algorithms and data structures, operating systems, artificial intelligence, machine learning, database development and management, computer networks, and data mining and analytics.

3. Completion of a training program through an Arizona public local education agency or an accredited institution may substitute for the semester hours required in subsections (T)(2)(b) and (c). Fifteen clock hours of training, or the equivalent competencybased credential, is equivalent to one semester hour of college coursework. Training programs shall be verified by a superintendent or personnel director of the Arizona local education agency or the appropriate administrator of an accredited institution.

U. Literacy, K through Five Endorsement

1. For the purposes of this section, the following definitions apply:

a. "Literacy instruction" means instruction in English language arts provided by a teacher.

b. "Science of reading instruction" means instruction which includes a focus on the elements of structured literacy, to include oral language, phonological awareness, phonics, fluency, vocabulary, comprehension, and foundational writing skills, including spelling and handwriting.

c. "Teaching certificate" means an Alternative Teaching certificate, International Teaching certificate, Classroom-Based Standard Teaching certificate, or Standard Professional teaching certificate.

2. An individual who receives a teaching certificate in early childhood education, elementary education, middle grades education, or special education issued on or before August 1, 2025 and who provides literacy instruction in kindergarten programs or in any of grades one through five must obtain a Literacy, K through five endorsement, a Reading Specialist endorsement - grades K through 12, a Reading endorsement for grades K through 12, or a Reading endorsement for grades K through eight by August 1, 2028.

3. An individual who receives a teaching certificate in early childhood education, elementary education, middle grades education, or special education issued after August 1, 2025 and who provides literacy instruction in kindergarten or in any of grades one through five must obtain a Literacy, K through five endorsement, a Reading Specialist endorsement - grades K through 12, a Reading endorsement for grades K through 12, or a Reading endorsement for grades K through eight within three years after the teaching certificate is issued.

4. Literacy, K through Five Endorsement

a. The Literacy, K through five Endorsement authorizes the holder to provide literacy instruction within the grade range and subject area of the teaching certificate it endorses. The requirements are:

i. A valid teaching certificate in early childhood education, elementary education, middle grades education, or special education;

ii. Three semester hours in the science of reading instruction, including systematic phonics instruction;

iii. Three semester hours in reading instruction, including assessments, instructional practices, and interventions to improve student reading proficiency for struggling readers, including students with the characteristics of dyslexia;

iv. A passing score on a literacy instruction assessment approved by the Board for the Literacy, K through five endorsement.

b. Completion of Department-approved training may substitute for the semester hours required in sections (4)(a)(ii) and (4)(a)(iii). Fifteen clock hours of training, or the equivalent competency-based credential, is equivalent to one semester hour.

Applicants may meet the requirements described in sections (4)(a)(ii), (4)(a)(iii), and (4)(a)(iv) with verification from an Arizona public school superintendent, principal or personnel director that the applicant meets the following requirements: The applicant is a teacher who provides literacy instruction in kindergarten through grade five and has demonstrated through classroom observations and student achievement data across subgroups using evidence-based measures for at least three consecutive years, based on criteria established by the Board, that the teacher possesses the instructional knowledge and skills to:

a. Effectively teach foundational reading skills, phonological awareness, phonics, fluency, vocabulary, and comprehension; and

b. Implement reading instruction using high-quality instructional materials; and

c. Provide effective instruction and interventions for students with reading deficiencies, including students with characteristics of dyslexia.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 15 A.A.R. 1838, effective August 29, 2006 (Supp. 09-1). Amended by exempt rulemaking at 15 A.A.R. 1306, effective September 26, 2006 (Supp. 09-1). Former R7-2-615 recodified to R7-2-616 ; new R7-2-615 recodified from R7-2-614 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-615 recodified to R7-2-616 ; new R7-2-615 recodified from R7-2-614 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 52, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 119, effective September 21, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 129, effective September 21, 2009 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 734, effective July 1, 2011 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 16 A.A.R. 1496, effective July 1, 2011 (Supp. 11-1). Amended by exempt rulemaking at 22 A.A.R. 227, effective 6/23/2014. Amended by exempt rulemaking at 22 A.A.R. 219, effective 5/4/2015. Amended by exempt rulemaking at 22 A.A.R. 233, effective 9/28/2015. Amended by exempt rulemaking at 22 A.A.R. 670, effective 1/25/2016. Amended by exempt rulemaking at 22 A.A.R. 1912, effective 10/1/2011. Amended by exempt rulemaking at 22 A.A.R. 2241, effective 8/6/2016. Amended by final exempt rulemaking at 25 A.A.R. 1552, effective 5/20/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 1/25/2022.

Ariz. Admin. Code § R7-2-615.01 Special Education Endorsements

A. Except as noted, special education endorsements are subject to the general certification provisions in R7-2-607.

B. Mild/Moderate Disabilities Endorsement:

1. The endorsement authorizes the holder to teach students with mild/moderate disabilities in preschool through grade 12.

2. A provisional mild/moderate disabilities endorsement is valid for three years and is not renewable. The requirements are:

a. A valid Arizona Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Visually Impaired, Hearing Impaired, Early Childhood Special Education, or Moderate/Severe Disabilities certificate;

b. Three years of full-time teaching experience in preschool through grade 12;

c. Six semester hours of special education courses to include both of the following:

i. Behavior management for students with disabilities; and

ii. Special education assessment and individualized education program planning.

d. Completion of 15 clock hours of practicum in mild/moderate disabilities special education that may be included in the courses listed in (B)(2)(c).

3. The requirements for the mild/moderate disabilities endorsement are:

a. A valid Arizona Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Visually Impaired, Hearing Impaired, Early Childhood Special Education, or Moderate/Severe Disabilities certificate;

b. Three years of full-time teaching experience in preschool through grade 12;

c. Fifteen semester hours of special education courses to include all of the following:

i. Methods for teaching students with disabilities;

ii. Behavior management for students with disabilities;

iii. Special education law;

iv. Special education assessment and individualized education program planning;

v. Language development and disorders.

d. Completion of 45 clock hours of practicum in mild/moderate disabilities special education that may be included in the courses listed in (B)(3)(c).

C. Moderate/Severe Disabilities Endorsement

1. The endorsement authorizes the holder to teach students with moderate/severe disabilities in preschool through grade 12.

2. A provisional moderate/severe disabilities endorsement is valid for three years and is not renewable. The requirements are:

a. A valid Arizona Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Visually Impaired, Hearing Impaired, Early Childhood Special Education, or Mild/Moderate Disabilities certificate;

b. Three years of full-time teaching experience in preschool through grade 12; and

c. Six semester hours of special education courses to include both of the following:

i. Behavior management for students with disabilities; and

ii. Special education assessment and individualized education program planning.

d. Completion of 15 clock hours of practicum in moderate/severe disabilities special education that may be included in the courses listed in (C)(2)(c).

3. The requirements are for the moderate/severe disabilities endorsement are:

a. A valid Arizona Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Visually Impaired, Hearing Impaired, Early Childhood Special Education, or Mild/Moderate Disabilities certificate;

b. Three years of full-time teaching experience in preschool through grade 12;

c. Fifteen semester hours of special education courses to include all of the following:

i. Behavior management for students with disabilities;

ii. Special education law;

iii. Special education assessment and individualized education program planning;

iv. Methods for teaching students with severe disabilities;

v. Adaptive communication, including language development and disorders.

d. Completion of 45 clock hours of practicum in moderate/severe disabilities special education that may be included in the courses listed in (C)(3)(c).

D. Deaf/Hard of Hearing Endorsement

1. The endorsement authorizes the holder to teach students who are deaf or hard of hearing from birth through grade 12.

2. The requirements are:

a. A valid Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Mild/Moderate Disabilities, Mod-erate/Severe Disabilities, Early Childhood Special Education, Specialized Special Education, Cross-Categorical Special Education, or Visually Impaired teaching certificate.

b. Three years of full-time teaching experience in preschool through grade 12.

c. Six semester hours of special education courses to include all of the following:

i. Special education law and individualized education program planning,

ii. Behavior management for students with disabilities,

iii. The use of instructional and assistive technologies in the classroom.

d. Fifteen semester hours of courses in deaf/hard of hearing education that adhere to a guidance document approved by the Board and include all of the following:

i. Methods for facilitating language acquisition and literacy development in children who are deaf or hard of hearing;

ii. Auditory skill development for students who are deaf or hard of hearing;

iii. Assessment of students who are deaf or hard of hearing;

iv. Principles of audiology;

v. Social and cultural foundations and family involvement for students who are deaf or hard of hearing;

vi. Early intervention and parental involvement to enhance the early language skills of students who are deaf or hard of hearing;

vii. Methods for teaching students who are deaf or hard of hearing with multiple disabilities, including deaf-blindness.

e. Completion of at least 90 clock hours of supervised practicum in teaching students who are deaf or hard of hearing, which may be included in the courses listed under subsection (2)(c) or (2)(d).

f. American Sign Language learning experience documented by one of the following:

i. A passing score on an American Sign Language proficiency assessment approved by the Board. An applicant who meets the requirement in this subsection under this option shall qualify for a deaf/hard of hearing endorsement with an American Sign Language proficiency designation; or

ii. Verification of proficiency in American Sign Language from an accredited institution; or

iii. Completion of six semester hours of courses in American Sign Language.

E. Visually Impaired Endorsement

1. The endorsement authorizes the holder to teach students who are blind or visually impaired in birth through grade 12.

2. The requirements are:

a. A valid Standard Professional Early Childhood, Elementary, Middle Grades, Secondary, Mild/Moderate Disabilities, Mod-erate/Severe Disabilities, Early Childhood Special Education, Specialized Special Education, Cross-Categorical Special Education, or Hearing Impaired teaching certificate.

b. Three years of full-time teaching experience in preschool through grade 12.

c. Six semester hours of special education courses to include all of the following:

i. Special education law and individualized education program planning,

ii. Behavior management for students with disabilities,

iii. The use of instructional and assistive technologies in the classroom.

d. Fifteen semester hours of courses in visually impaired special education that adhere to a guidance document approved by the Board and include all of the following:

i. Instructional approaches for teaching students who have vision impairments;

ii. Methods for facilitating literacy development in children who are blind or low vision;

iii. Assistive technologies for students with vision impairments;

iv. Assessment of students with vision impairment;

v. Early intervention and parental involvement to enhance early skills of students with vision impairment;

vi. Anatomy and physiology of the eye;

vii. Methods for teaching orientation and mobility to students who have visual impairments;

viii. Methods for teaching students who have visual impairments with multiple disabilities, including deaf-blindness.

e. Completion of a minimum of 90 clock hours of supervised practicum in teaching students who have visual impairments, which may be included in the courses listed under subsection (2)(c) or (2)(d).

f. Proficiency in Braille verified by one of the following:

i. Successful completion of a nationally validated braille test approved by the Board; or

ii. Successful completion of a braille test developed in the program in visual impairment at the University of Arizona.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 595, effective 2/24/2020. Amended by exempt rulemaking at 27 A.A.R. 743, effective 4/26/2021.

Ariz. Admin. Code § R7-2-616 Standard Professional Administrative Certificates

A. All certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard Professional Supervisor Certificate - grades PreK through 12

Except for individuals who hold a valid Arizona principal or superintendent certificate, the supervisor certificate is required for all personnel, except for superintendents pursuant to R7-2-616(D), whose primary responsibility is administering instructional programs, supervising certified personnel, or similar administrative duties.

2. The requirements are:

a. A valid Arizona Standard Professional teaching certificate, Career and Technical Education certificate, Classroom-Based Standard Teaching Certificate, Subject Matter Expert Standard Teaching Certificate, or Specialized Secondary Teaching Certificate or an other professional certificate established in R7-2-617 issued by the Department;

b. A master's or more advanced degree;

c. Three years of verified full-time teaching experience or related education services experience in a PreK through 12 setting;

d. Completion of a program in educational administration which shall consist of a minimum of 18 graduate semester hours of educational administration courses which teach the knowledge and skills described in R7-2-603 to include three semester hours in school law and three semester hours in school finance;

e. A practicum in educational administration or two years of verified educational administrative experience in grades PreK through 12;

f. A passing score on the Supervisor, Principal, or Superintendent portion of the Arizona Administrator Proficiency Assessment; and

g. An SEI endorsement or an ESL endorsement or a Bilingual Endorsement; and

h. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

C. Standard Professional Principal Certificate - grades PreK through 12

1. The principal certificate is required for all personnel who hold the title of principal, assistant principal, or perform the duties of principal or assistant principal as delineated in A.R.S. Title 15.

2. The requirements are:

a. A master's or more advanced degree,

b. Three years of verified teaching experience in grades PreK through 12,

c. Completion of a program in educational administration for principals including at least 30 graduate semester hours of educational administration courses teaching the knowledge and skills described in R7-2-603 to include three semester hours in school law and three semester hours in school finance,

d. A practicum as a principal or two years of verified experience as a principal or assistant principal under the supervision of a certified principal in grades PreK through 12,

e. A passing score on either the Principal or Superintendent portion of the Arizona Administrator Proficiency Assessment; and

f. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

D. Standard Professional Superintendent Certificate - grades PreK through 12

1. The superintendent certificate is optional, but may be required by local governing boards for individuals who hold the title or perform the duties of a superintendent, assistant superintendent or associate superintendent and who perform duties directly relevant to curriculum, instruction, certified employee evaluations, and instructional supervision.

2. The requirements are:

a. A master's or more advanced degree including at least 60 graduate semester hours;

b. Completion of a program in educational administration for superintendents, including at least 36 graduate semester hours of educational administrative courses which teach the standards described in R7-2-603 to include three semester hours in school law and three semester hours in school finance;

c. Three years of verified full-time teaching experience or related education services experience in a PreK through 12 setting;

d. A practicum as a superintendent or two years verified experience as a superintendent, assistant superintendent, or associate superintendent in grades PreK through 12;

e. A passing score on the Superintendent portion of the Arizona Administrator Proficiency Assessment; and

f. An SEI endorsement or an ESL endorsement or a Bilingual endorsement; and

g. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

E. Interim Supervisor Certificate - grades PreK through 12

1. Except as noted, the administrative interim certificate is subject to the general certification provisions in R7-2-607 .

2. The certificate is valid for one year from the date of initial issuance and may be extended yearly for no more than two consecutive years at no cost to the applicant if the provisions in subsection (F)(6) are met.

3. The administrative interim certificate entitles the holder to perform the duties described in subsection (B)(1). The candidate shall be enrolled in a Board approved alternative path to certification program, or a Board authorized administrative preparation program.

4. An individual is not eligible to hold the administrative interim certificate more than once in a five year period.

5. The requirements for initial issuance of the administrative interim certificate are:

a. A valid Arizona early childhood, elementary, secondary, special education, CTE certificate, PreK through 12 Arts, or other professional certificate issued by the Department;

b A bachelor's degree or higher in education from an accredited institution;

c. Three years of verified full-time teaching experience or related education services experience in a PreK through 12 setting;

d. Verification of enrollment in a Board approved alternative path to administrator certification program, or a Board approved administrator preparation program;

e. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district administrator or the appropriate county school superintendent; and

f. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. The requirements for the extension of the administrative interim certificate are:

a. Qualification for the initial issuance of the administrative interim certificate outlined in subsection (F)(5),

b. Official transcripts documenting the completion of required coursework,

c. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district administrator, and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

7. The holder of the administrative interim certificate may apply for an Arizona Standard Professional Supervisor Certificate upon completion of the following:

a. Successful completion of a Board approved alternative path to administrator certification program or a Board approved administrator preparation program. This shall include satisfactory completion of a field experience or capstone experience of no less than one full academic year. The field experience or capstone experience shall include performance evaluations in a manner that is consistent with policies for the applicable alternative professional preparation program;

b. A passing score on the Arizona Administrator Proficiency Assessment;

c. The submission of an application for the Standard Professional Supervisor certificate to the Department; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

F. Interim Principal Certificate - grades PreK through 12

1. Except as noted, the administrative interim certificate is subject to the general certification provisions in R7-2-607 .

2. The certificate is valid for one year from the date of initial issuance and may be extended yearly for no more than two consecutive years at no cost to the applicant if the provisions in subsection (G)(6) are met.

3. The administrative interim certificate entitles the holder to perform the duties described in subsection (C)(1). The candidate shall be enrolled in a Board approved alternative path to certification program, or a Board authorized administrative preparation program.

4. An individual is not eligible to hold the administrative interim certificate more than once in a five year period.

5. The requirements for initial issuance of the administrative interim certificate are:

a. A bachelor's degree or higher in education from an accredited institution;

b. Three years of verified full-time teaching experience in grades PreK through 12;

c. Verification of enrollment in a Board approved alternative path to administrator certification program, or a Board approved administrator preparation program;

d. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district principal or superintendent or the appropriate county school superintendent; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. The requirements for the extension of the administrative interim certificate are:

a. Qualification for the initial issuance of the administrative interim certificate outlined in subsection (G)(5),

b. Official transcripts documenting the completion of required coursework,

c. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district principal or superintendent, and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

7. The holder of the administrative interim certificate may apply for an Arizona Principal Certificate upon completion of the following:

a. Successful completion of a Board approved alternative path to administrator certification program or a Board approved administrator preparation program. This shall include satisfactory completion of a field experience or capstone experience of no less than one full academic year. The field experience or capstone experience shall include performance evaluations in a manner that is consistent with policies for the applicable alternative professional preparation program;

b. A passing score on either the Principal or Superintendent portion of the Arizona Administrator Proficiency Assessment;

c. The submission of an application for the Principal certificate to the Department; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

G. Interim Superintendent Certificate - grades PreK through 12

1. Except as noted, the administrative interim certificate is subject to the general certification provisions in R7-2-607 .

2. The certificate is valid for one year from the date of initial issuance and may be extended yearly for no more than two consecutive years at no cost to the applicant if the provisions in subsection (H)(6) are met.

3. The administrative interim certificate entitles the holder to perform the duties described in subsection (D)(1). The candidate shall be enrolled in a Board approved alternative path to certification program, or a Board authorized administrative preparation program.

4. An individual is not eligible to hold the administrative interim certificate more than once in a five year period.

5. The requirements for initial issuance of the administrative interim certificate are:

a. A master's degree or higher from an accredited institution;

b. Three years of verified full-time teaching experience or related education services experience in a PreK through 12 setting;

c. Verification of enrollment in a Board approved alternative path to administrator certification program, or a Board approved administrator preparation program;

d. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district superintendent or the appropriate county school superintendent; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

6. The requirements for the extension of the administrative interim certificate are:

a. Qualification for the initial issuance of the administrative interim certificate outlined in subsection (H)(5),

b. Official transcripts documenting the completion of required coursework,

c. Verification the holder of the interim certificate shall be under the direct supervision of an Arizona certified district superintendent or the appropriate county school superintendent, and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

7. The holder of the administrative interim certificate may apply for an Arizona Superintendent Certificate upon completion of the following:

a. Successful completion of a Board approved alternative path to administrator certification program or a Board approved administrator preparation program. This shall include satisfactory completion of a field experience or capstone experience of no less than one full academic year. The field experience or capstone experience shall include performance evaluations in a manner that is consistent with policies for the applicable alternative professional preparation program;

b. A passing score on the Superintendent portion of the Arizona Administrator Proficiency Assessment;

c. The submission of an application for the Superintendent certificate to the Department; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

H. Interim Administrative Certificates - Public Health Emergency

1. Notwithstanding this Section, an Interim Administrative Certificate entitling the holder to serve as a supervisor, principal, or superintendent may be issued to an applicant who meets the following requirements:

a. Completion of all requirements for the Standard Professional Supervisor, Standard Professional Principal, or Standard Professional Superintendent certificate, as described in subsection (B)(2), (C)(2), and (D)(2), with the exception of a passing score on the Arizona Administrator Proficiency Assessment.

b. Verification that the applicant was unable to take the Arizona Administrator Proficiency Assessment required for the Standard Professional Administrative certificate as the result of a public health emergency declared by the governor or a public health official.

2. A certificate issued pursuant to this subsection shall be issued for one year and shall not be renewed or extended.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Former R7-2-616 recodified to R7-2-617 ; new R7-2-616 recodified from R7-2-615 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-616 recodified to R7-2-617 ; new R7-2-616 recodified from R7-2-615 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 326, effective January 25, 2010 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 16 A.A.R. 2034, effective October 1, 2010 (Supp. 11-1). Amended by exempt rulemaking at 22 A.A.R. 227, effective 6/23/2014. Amended by exempt rulemaking at 22 A.A.R. 219, effective 5/4/2015. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-616.01 Standard Administrative Certificates - Locally Based Leadership Program Pathway

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard Site-Based Supervisor Certificate -grades PreK through 12.

1. The certificate authorizes the holder to administer instructional programs, supervise certified personnel, or perform similar administrative duties at the school-level.

2. The requirements are:

a. A bachelor's or more advanced degree; and

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety; and

c. Verification from the superintendent of a school district or the principal of a charter school that the applicant has made satisfactory progress in the program sequence and model, which may include professional evaluations, observations of the applicant, student achievement data and demonstration of competencies, skills and knowledge associated with the relevant school leadership position; and

d. Verification of successful completion of a Board-approved locally based school leadership preparation program for supervisors; and

e. A passing score on the Supervisor, Principal or Superintendent portion of the Arizona Administrator Proficiency Assessment.

C. Standard Site-Based Principal Certificate

• grades PreK through 12.

1. The certificate authorizes the holder to administer instructional programs, supervise certified personnel, or perform similar administrative and leadership duties at the school-level, and perform the duties and hold the title of principal, assistant principal as delineated in A.R.S. Title 15.

2. The requirements are:

a. A bachelor's or more advanced degree; and

b. A valid fingerprint clearance card issued by the Arizona Department of Public Safety; and

c. Verification from the superintendent of a school district or the principal of a charter school that the applicant has made satisfactory progress in the program sequence and model, which may include professional evaluations, observations of the applicant, student achievement data and demonstration of competencies, skills and knowledge associated with the relevant school leadership position; and

d. Verification of successful completion of a Board-approved locally based school leadership preparation program for principals; and

e. A passing score on the Principal or Superintendent portion of the Arizona Administrator Proficiency Assessment.

History

• New Section made by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-616.02 Interim Administrative Certificates

A. Except as noted, all certificates are subject to the general certification provisions in R7-2-607.

B. The certificate authorizes the holder to serve an administrator while completing the requirements for a standard administrator certificate.

C. Interim administrative certificates are valid for one year and may be extended yearly for no more than two consecutive years at no cost to the certificate holder if the requirements in subsection (I) are met.

D. An individual is not eligible for issuance of an interim administrative certificate more than once in a five-year period.

E. Interim administrative certificate holders shall be enrolled in a Board approved alternative administrator preparation program, a Board approved locally based leadership preparation program, or a Board approved traditional administrator preparation program.

F. Interim Supervisor Certificate - grades PreK through 12:

1. The Interim Supervisor Certificate authorizes the holder for a position in which the primary responsibility is administering instructional programs, supervising certified personnel, or similar administrative duties. An individual who is enrolled in a locally-based school leadership program shall be limited to a supervisor position at the school-level.

2. The requirements are:

a. A valid Arizona Standard Professional teaching certificate, Career and Technical Education Certificate, Classroom-Based Standard Teaching Certificate, Subject Matter Expert Standard Teaching Certificate, Specialized Secondary Teaching Certificate or an other professional certificate established in R7-2-617 ; and

b. A bachelor's or more advanced degree; and

c. Verification of three years of full-time teaching or related education services experience in a PreK through grade 12 setting; and

d. Verification of enrollment in a Board approved alternative administrator preparation program, a Board approved locally based school leadership program, or a Board approved administrator preparation program; and

e. Verification that the certificate holder will be employed as an administrator and will be under the direct supervision of an Arizona certified administrator or the appropriate county school superintendent; and

f. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

G. Interim Principal Certificate - grades PreK through 12

1. The Interim Principal certificate authorizes the holder to administer instructional programs, supervise certified personnel, perform the duties, hold the title of principal or assistant principal as delineated in A.R.S. Title 15, and perform similar administrative duties. An individual who is enrolled in a locally-based school leadership program shall be limited to an administrative position at the school-level.

2. The requirements are:

a. A bachelor's or more advanced degree; and

b. Verification of three years of full-time teaching in grades PreK through 12; and

c. Verification of enrollment in a Board approved alternative administrator preparation program, a Board approved locally based school leadership program, or a Board approved administrator preparation program; and

d. Verification that the certificate holder will be employed as a principal or assistant principal under the direct supervision of an Arizona certified principal, an Arizona certified superintendent, or the appropriate county school superintendent; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

H. Interim Superintendent Certificate - Grades PreK through 12:

1. The superintendent certificate is optional, but may be required by local governing boards for individuals who hold the title or perform the duties of a superintendent, assistant superintendent or associate superintendent and who perform duties directly relevant to curriculum, instruction, certified employee evaluations, and instructional supervision

2. The requirements are:

a. A master's degree or more advanced degree;

b. Three years of verified full-time teaching experience or related education services experience in a PreK through 12 setting;

c. Verification of enrollment in a Board approved alternative path to administrator certification program, or a Board approved administrator preparation program;

d. Verification that the holder of the interim certificate shall be employed as a superintendent, assistant superintendent, or associate superintendent and working under the direct supervision of an Arizona certified superintendent or the appropriate county school superintendent; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

I. Interim Administrative Certificate Extension

1. The Interim Administrative certificate may be extended yearly for no more than two consecutive years at no cost to the applicant.

2. The requirements to extend an Interim Administrative Certificate are:

a. Qualification and issuance of the initial Interim Administrative certificate;

b. Verification from the Board approved program provider that the applicant is enrolled and has made adequate progress towards completion of the Board approved alternative administrator preparation program, Board approved locally based leadership preparation program, or Board approved traditional administrator preparation program;

c. Verification that the holder meets the employment and supervision requirements for the Interim Administrative certificate as described in subsection (F)(2)(e), (G)(2)(d), and (H)(2)(d); and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

J. The holder of an interim administrative certificate may apply for the appropriate Arizona standard administrative certificate with verification of the following:

1. Successful completion of the Board approved alternative path to administrator certification program, Board approved locally based leadership program, or Board approved administrator preparation program; and

2. A passing score on the required portion of the Arizona Administrator Proficiency Assessment; and

3. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

4. Individuals who have completed a locally based leadership program shall also submit verification from the superintendent of a school district or the principal of a charter school that the applicant has made satisfactory progress in the program sequence and model, which may include professional evaluations, observations of the applicant, student achievement data and demonstration of competencies, skills and knowledge associated with the relevant school leadership position.

K. Interim Administrative Certificates - Public Health Emergency

1. Notwithstanding this Section, an Interim Administrative Certificate entitling the holder to serve as a supervisor, principal, or superintendent may be issued to an applicant who meets the following requirements:

a. Completion of all requirements for the Standard Professional Supervisor, Standard Professional Principal, or Standard Professional Superintendent certificate, as described in subsection (B)(2), (C)(2), and (D)(2), with the exception of a passing score on the Arizona Administrator Proficiency Assessment.

b. Verification that the applicant was unable to take the Arizona Administrator Proficiency Assessment required for the Standard Professional Administrative certificate as the result of a public health emergency declared by the governor or a public health official.

2. A certificate issued pursuant to this subsection shall be issued for one year and shall not be renewed or extended.

History

• New Section made by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-617 Other Professional Certificates

A. All certificates are subject to the general certification provisions in R7-2-607 and the renewal requirements in R7-2-619.

B. Standard School Counselor Certificate - grades PreK through 12.

1. The school counselor certificate is optional but may be required by local governing boards.

2. The requirements are:

a. A master's or more advanced degree,

b. Completion of a graduate program in guidance and counseling,

c. A valid fingerprint clearance card issued by the Arizona Department of Public Safety, and

d. One of the following:

i. Completion of a supervised counseling practicum in school counseling;

ii. Two years of verified, full-time experience as a school counselor; or

iii. Three years of verified teaching experience.

3. The certificate may be renewed consistent with the provisions of R7-2-619 that may include continuing education in the area of college and career readiness.

4. Applicants may meet the requirements in subsection (B)(2)(b) with completion of one of the following:

a. Completion of a graduate program in counseling, social work, or psychology and six semester hours of courses in any of the following areas: school counseling, college and career guidance, or academic advising; or

b. A valid license as an associate counselor, professional counselor, master or clinical social worker, or marriage and family therapist issued by the Arizona Board for Behavioral Health Examiners and six semester hours of courses in any of the following areas: school counseling, college and career guidance, or academic advising; or

c. Completion of a graduate program in academic advising and six semester hours of courses in school counseling to include any of the following areas: social and emotional development, mental health counseling, trauma and disaster counseling, multiculturalism in counseling, theories of counseling, foundations of school counseling, or child and adolescent counseling.

5. Applicants who otherwise qualify but are deficient in the required six semester hours of courses described in subsection (B)(4)(a), (b), or (c) may receive a Standard School Counselor certificate with a deficiency in the required courses to be completed within three years. If an applicant fails to meet this requirement within the prescribed time, the Department of Education shall temporarily suspend the certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining timeframe of the certificate.

6. Applicants who otherwise qualify but are deficient in the requirements prescribed in subsection (B)(2)(d) may receive a Standard School Counselor certificate with a deficiency in the required experience or practicum to be completed within three years. If an applicant fails to meet this requirement within the prescribed time, the Department of Education shall temporarily suspend the certificate, but the suspension is not considered a disciplinary action and the individual shall be allowed to correct the deficiency within the remaining timeframe of the certificate.

C. Standard School Psychologist Certificate - grades PreK through 12

1. A standard school psychologist certificate is required for all personnel whose primary responsibility is in the role of a school psychologist providing services that include but are not limited to the duties of student psychoeducational assessment, therapeutic consultation and intervention, and involvement in the process of determination of student disabilities or disorders.

2. The requirements are:

a. A master's or more advanced degree;

b. Completion of a graduate program in school psychology consisting of at least 60 graduate semester hours, or completion of a doctoral program in psychology and completion of a re-training program in school psychology from an accredited institution or Board approved program with a letter of institutional endorsement from the head of the school psychology program;

c. A supervised internship of at least 1200 clock hours with a minimum of 600 of those hours in a school setting. Three years experience as a certified school psychologist within the last 10 years may be substituted for the internship requirement; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

3. Any of the following may be substituted for the requirement described in subsection (C)(3)(b):

a. Five years experience within the last 10 years working full time in the capacity of a school psychologist in a school setting serving any portion of grades kindergarten through 12; or

b. A Nationally Certified School Psychologist Credential; or

c. A diploma in school psychology from the American Board of School Psychology.

D. Standard Speech-Language Pathologist Certificate - grades PreK through 12

1. The standard speech-language pathologist certificate is required for school-based speech-language pathologists.

2. The certificate may be renewed consistent with the provisions of R7-2-619 with relevant professional development in the field of speech pathology, or professional development in the areas of articulation, voice, fluency, language, low incidence disabilities, curriculum and instruction, professional issues and ethics, or service delivery models.

3. The requirements are:

a. A master's or more advanced degree, from an accredited institution, in speech pathology or communication disorders;

b. A minimum of 250 clinical clock hours supervised by a university or a speech-language pathologist with a certificate of clinical competence;

c. A certificate of clinical competence, or a passing score on the national exam, or a passing score on the speech and language impaired special education portion of the Arizona Teacher Proficiency Assessment; and

d. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

E. Standard Speech-Language Technician - grades PreK through 12

1. The standard speech-language technician certificate is required for school-based speech-language professionals.

2. No new applications for a speech-language technician certificate will be accepted after June 30, 2014.

3. The certificate may be renewed consistent with the provisions of R7-2-619 with professional development in the areas of articulation, voice, fluency, language disorders, low incidence disabilities, professional issues and ethics, or service delivery models.

4. The requirements are:

a. A bachelor's degree from an accredited program in Speech-Language Pathology, Speech Hearing Sciences, or Communication Disorders;

b. A minimum of 50 hours of university supervised observation;

c. A minimum of 150 university clinical clock hours, or 150 clock hours supervised by a master's level licensed speech-language pathologist, or two years' experience as a school speech-language therapist or technician;

d. A passing score on the speech and language impaired special education portion of the Arizona Teacher Proficiency Assessment; and

e. A valid fingerprint clearance card issued by the Arizona Department of Public Safety.

F. Standard School Social Worker Certificate - grades PreK through 12

1. The standard School Social Worker certificate is optional but may be required by local governing boards.

2. The requirements are:

a. Master's or more advanced degree in Social Work from an accredited institution or completion of a Board approved school social worker program;

b. A valid fingerprint clearance issued by the Arizona Department of Public Safety; and

c. One of the following:

i. Completion of at least 6 semester hours of practicum in Social Work in a school setting completed through an accredited institution; or

ii. One year of full time experience as a Social Worker in a setting which primarily serves children in preschool through grade 12.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 5139, effective November 19, 2002 for a period of 180 days (Supp. 02-4). Emergency rulemaking renewed under A.R.S. § 41-1026(D) at 9 A.A.R. 1547, effective April 29, 2003 for a period of 180 days (Supp. 03-2). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent R7-2-617 amended by final rulemaking at 9 A.A.R. 3950, effective October 21, 2003 (Supp. 03-3). Amended by exempt rulemaking at 15 A.A.R. 1264, effective May 22, 2006 (Supp. 09-1). Former R7-2-617 recodified to R7-2-618 ; new R7-2-617 recodified from R7-2-616 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-617 recodified to R7-2-618 ; new R7-2-617 recodified from R7-2-616 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). R7-2-617"Prekindergarten" corrected to "PreK" at request of the Board, Office File No. M09-444, filed November 24, 2009 (Supp. 10-1). Office corrected labeling error in subsection (C) under A.R.S. § 41-1011 and A.A.C. R1-1-108 (Supp. 10-4). Amended by exempt rulemaking at 21 A.A.R. 2009, effective 10/28/2013. Amended by exempt rulemaking at 23 A.A.R. 231, effective 12/19/2016. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2947, effective 9/24/2018. Amended by final exempt rulemaking at 28 A.A.R. 276, effective 4/29/2019.

Ariz. Admin. Code § R7-2-618 Fees

A. The Superintendent of Public Instruction or the Superintendent's designee shall collect proper fees for certification services and shall transmit the fees to the state Treasurer. The following fees are established for certification services:

1. Evaluation of qualification for a certificate: $30.

2. Evaluation of qualification for an endorsement: $30.

3. Issuance of a certificate, endorsement, or letter of non-qualification: $30.

4. Renewal of a certificate: $20.

5. Name change, duplicate copy, or changes of coding to existing files or certificates: $20.

B. Fees shall be paid by credit or debit card, money order, cashier's check, certified check, business check, or personal check and shall be made payable to the order of the Arizona Department of Education. If a check offered in payment for services is not cleared by the financial institution, the applicant shall be notified to pay the fees by money order or certified check. If a certificate has been issued or renewed and payment is not received within two weeks of notification to the applicant, the Department may file a statement of complaint pursuant to R7-2-1302 . If a certificate or renewal has not been issued, no certificate or renewal shall be issued until the fees are paid by cashier's check or money order.

C. Fees paid pursuant to this Section are not refundable.

D. Notwithstanding this Section and pursuant to A.R.S. § 41-1080.01, the Superintendent or the Superintendent's designee shall waive any certification fee for initial certification, including for endorsements, for any of the following individuals if the individual is applying for the specific certification or endorsement in this state for the first time:

1. Any individual applicant whose family income does not exceed 200 percent of the federal poverty guidelines;

2. Any active duty military service member's spouse.

3. Any honorably discharged veteran who has been discharged not more than two years before application.

E. Applicants who are requesting a waiver of a certification fee shall submit an attestation and appropriate documentation verifying that they meet the criteria as described in subsection (D).

History

• New Section adopted by final rulemaking at 5 A.A.R. 2002, effective May 27, 1999 (Supp. 99-2). Former R7-2-618 recodified to R7-2-619 ; new R7-2-618 recodified from R7-2-617 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-618 recodified to R7-2-619 ; new R7-2-618 recodified from R7-2-617 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-619 Renewal Requirements

A. A certificate may be renewed within six months of its expiration date except that an individual holding multiple valid certificates may renew all certificates at one time in order to align the expiration dates of each certificate. Certificates being aligned shall be renewed at the same time as the certificate that will expire first. Individuals seeking to align certificates shall meet the renewal requirements for each certificate being aligned. Certificates that are renewed or aligned pursuant to this Section shall be valid for 12 years.

B. A certificate may be renewed within ten years after it expires. Individuals whose certificates have been expired for more than ten years shall reapply for certification under the requirements in effect at the time of reapplication. Nothing in this Section shall imply that an individual may be employed in a position that requires certification after the expiration of the relevant certificate.

C. Renewal of certificates requires the completion of continuing education credits after the most recent issuance or renewal of the certificate, except that continuing education credits completed during the valid term of the certificate that expires first meets the requirement of certificates being aligned. Fifteen hours of continuing education credits are required each year of the certificate term to renew a certificate, which may be accumulated in various increments per year prior to renewal. One hour of continuing education credit shall be equivalent to one clock hour of a professional development activity. Continuing education credits must relate to Arizona academic or professional educator standards or apply toward the attainment of an additional Arizona certificate, endorsement, or approved area, and may include training regarding suicide awareness and prevention; child abuse, human trafficking of children and the sexual abuse of children, including warning signs that a child may be a victim of child abuse, human trafficking, or sexual abuses; screening, intervention, accommodation, use of technology and advocacy for students with reading impairments, including dyslexia; or other training programs explicitly permitted or required by state law. Professional development that may be counted toward the required hours of continuing education credit shall consist of any of the following activities:

1. Courses related to education or a subject area taught in Arizona schools, taken from an accredited institution. Each semester hour of courses shall be equivalent to 15 clock hours of professional development. The required documentation shall be an official transcript.

2. Professional activities such as conferences and workshops related to the profession of teaching or the field of public education. A maximum of 30 clock hours per year may be earned by attendance at professional conferences and workshops. The required documentation shall be a conference agenda and a statement or certificate from the sponsoring organization noting the clock hours earned.

3. District-sponsored or school-sponsored in-services or activities which are specifically designed for professional development. The required documentation shall be writ- ten verification from the sponsoring district or school stating the dates of participation and the number of clock hours earned.

4. Internships in business settings. The internship shall be based on an agreement between a business and a district or school with the stated objective of aligning teaching curriculum with workplace skills. A maximum of 80 clock hours may be earned through business internships. The required documentation shall be written verification by the sponsoring business and district or school stating the dates of participation and number of clock hours earned.

Educational research. The research shall be sponsored by a research facility or an accredited institution or funded by a grant. The required documentation shall be the published report of the research or verification by the sponsoring agency; and a statement of the dates of participation and the number of clock hours earned.

6. Serving in a leadership role of a professional organization that provides training, activities, or projects related to the profession of teaching or the field of public education. A maximum of 30 clock hours per year may be earned by serving in a leadership role of a professional organization. The required documentation shall be written verification by the governing body of the professional organization of the dates of service and clock hours earned.

7. Serving on a visitation team for a school accreditation agency. A maximum of 60 clock hours per year may be earned by serving on a visitation team. The required documentation shall be written verification from the accreditation agency of the dates of service and clock hours earned.

D. An individual holding a Standard teaching certificate, a standard administrative certificate, or other professional certificate may renew the certificate for 12 years upon completion of 15 hours of continuing education credits each year of the certificate term which may be accumulated in various increments per year prior to renewal or with one of the following:

1. A valid professional license as a counselor, social worker, psychologist, or speech pathologist issued by the appropriate state agency in this state or in another state;

2. A valid certificate issued by the National Board of Professional Teaching Standards;

3. A valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language Hearing Association; or

4. A Nationally Certified School Psychologist credential issued by the National Association of School Psychologists.

E. An individual who is employed by a school or school district at the time of renewal shall submit the required documentation of professional development to the district superintendent, director of personnel, or other designated administrator for verification. A certified individual who is not employed by a school or school district at the time of renewal shall submit the required documentation of professional development to a county school superintendent, the dean of a college of education, or the Department for verification. The school or district official, county school superintendent, or the dean of a college of education shall verify on forms provided by the Department the number of hours of professional development completed by the individual during the valid period of the certificate being renewed.

F. The Department shall issue a Standard teaching certificate of the same type.

G. Notwithstanding any other provision in this Section, an individual with a valid fingerprint clearance card who has had a certificate or certificates expire for at least two years but not more than 10 years may renew the expired certificate or certificates and any endorsements or approved areas if the individual is in good standing. Individuals who apply for renewal under this provision are exempt from the continuing education requirements described in subsections (C) and (D). Standard certificates issued to that individual pursuant to this subsection shall be identical to the expired certificate or certificates.

History

• New Section made by exempt rulemaking at 8 A.A.R. 2396, effective May 10, 2002 (Supp. 02-2). Amended by exempt rulemaking at 15 A.A.R. 1225, effective December 5, 2006 (Supp. 09-1). Former R7-2-619 recodified to R7-2-620 ; new R7-2-619 recodified from R7-2-618 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-619 recodified to R7-2-620 ; new R7-2-619 recodified from R7-2-618 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 242, effective December 7, 2009 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 1249, effective May 24, 2010 (Supp. 10-4). Amended by exempt rulemaking at 22 A.A.R. 648, effective 1/25/2016. Amended by exempt rulemaking at 22 A.A.R. 2246, effective 8/6/2016. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017. Amended by final exempt rulemaking at 26 A.A.R. 314, effective 1/27/2020. Amended by final exempt rulemaking at 27 A.A.R. 2694, effective 10/25/2021. Amended by final exempt rulemaking at 29 A.A.R. 183, effective 12/9/2022.

Ariz. Admin. Code § R7-2-620 Certification Time-frames

A. For certification by the State Board of Education ("Board"), Certification Division ("Division"), the time-frames required by A.R.S. § 41-1072 et seq are:

1. Overall time-frame: 165 days.

2. Administrative review time-frame: 45 days.

3. Substantive review time-frame: 120 days.

B. Administrative completeness review time-frame. The Division shall issue a written notice of administrative completeness or deficiency to an applicant for certification within 45 days of receipt of the application.

1. If the Division determines that an application for certification is not administratively complete, the Division shall include a comprehensive list of the specific deficiencies in the written notice.

2. If the Division issues a written notice of deficiency, the administrative completeness review time-frame and the overall time-frame are suspended from the date the notice is issued until the date that the Division receives the missing information from the applicant.

3. If the Division does not issue a notice of administrative completeness or deficiency within 45 days of receipt of the application, the application is deemed administratively complete.

C. Substantive review time-frame. Within 120 days after the administrative completeness review time-frame is complete, the Division shall determine whether an applicant for certification meets all substantive criteria required by statute or rule.

1. During the substantive review time-frame, the Division may make one comprehensive written request for additional information. If the Division issues a comprehensive written request for additional information, the substantive review time-frame and the overall time-frame are suspended from the date the request is issued until the date that the Division receives the additional information from the applicant.

2. The Division and the applicant may mutually agree in writing to allow the Division to submit supplemental requests for additional information. If the Division issues a supplemental request by mutual written agreement for additional information, the substantive review time-frame and the overall time-frame are suspended from the date the request is issued until the date that the Division receives the additional information from the applicant.

D. Overall time-frame. The Division shall issue a written notice that the Board has granted or denied a certificate no later than 165 days after receipt of an application for certification, or no later than the time-frame extension allowed under subsection (E).

1. Written notice denying an applicant certification shall include justification for the denial with references to the statutes or rules on which the denial is based and an explanation of the applicant's right to appeal the denial.

2. The explanation of an applicant's right to appeal the denial shall include the number of days the applicant has to file an appeal challenging the denial and the name and telephone number of the Executive Director of the Board as the contact person who can answer questions regarding the appeals process.

E. By mutual written agreement, the Division and an applicant for certification may extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 33 days.

F. If the Division does not issue to an applicant written notice granting or denying a certificate within the overall time-frame or any extension mutually agreed upon in writing, the Division shall refund to the applicant all fees charged, excuse payment of any fees that have not yet been paid, and pay all penalties required by A.R.S. § 41-1077.

G. The Division shall issue all written notices under this Section to the last known address of the applicant by regular, 1st-class mail. The written notices are deemed "issued" on the postmark date.

H. By August 1 of each year, the Division shall report to the Executive Director of the Board the Division's compliance with the overall time-frames for the prior fiscal year. The Division shall include the number of certificates issued or denied within the time-frames specified in this Section and the dollar amount of all fees returned or excused. The Division shall also include the amount of all penalties paid to the state general fund due to the Division's failure to comply with the time-frames.

History

• New Section made by final rulemaking at 10 A.A.R. 2399, effective July 23, 2004 (Supp. 04-2). Former R7-2-620 recodified to R7-2-621 ; new R7-2-620 recodified from R7-2-619 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-620 recodified to R7-2-621 ; new R7-2-620 recodified from R7-2-619 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1).

Ariz. Admin. Code § R7-2-621 Reciprocity

A. The Board shall issue a comparable standard Arizona certificate or endorsement as applicable, if one is established pursuant to this Article, to an applicant who holds a valid certificate or endorsement from another state and is in good standing with that other state. These applicants are exempt from all provisions of the Arizona Teacher proficiency examinations.

1. B. Standard certificates shall be valid for 12 years and are renewable.

2. C. The applicant shall possess a valid fingerprint clearance card issued by the Arizona Department of Public Safety.

D. The applicant shall have completed the required class or passed a satisfactory examination on the provisions and principles of the Constitutions of the United States and Arizona.

3. E. Notwithstanding any other provision, the deficiencies allowed pursuant to Arizona Revised Statutes in Arizona Constitution and United States Constitution shall be satisfied prior to the issuance of the same type of certificate prescribed in this Article, but are subject to suspension as follows:

a. 1. An applicant's standard Arizona teaching certificate shall be suspended three years from the date of issuance if the applicant has not completed the required class or passed a satisfactory examination on the provisions and principles of the Constitutions of the United States and Arizona.

b. 2. An applicant's standard Arizona teaching certificate shall be suspended one year from the date of issuance if the applicant has not completed the required class or passed a satisfactory examination on the provisions and principles of the Constitutions of the United States and Arizona if the applicant applies for a certificate authorizing the person to teach an academic course that focuses predominantly on history, government, social studies, citizenship, law or civics.

B. The Board shall issue a comparable Arizona supervisor, principal or superintendent certificate to an applicant who holds a valid equivalent certificate from another state, that included a requirement to pass that state's administrator exams in order to be certificated in that state if required at the time of certification, and is in good standing with that other state.

1. Certificates shall be valid for eight years and are renewable.

2. The applicant shall possess a valid fingerprint clearance card issued by the Arizona Department of Public Safety.

3. The suspension for a deficiency in the Constitutions of the United States and Arizona is not considered a disciplinary action and the applicant shall be allowed to correct that deficiency within the remaining time of the standard certification.

History

• New Section recodified from R7-2-620 at 15 A.A.R. 2146, effective August 25, 2008 (Supp. 09-4). Former R7-2-621 recodified to R7-2-622 ; new R7-2-621 recodified from R7-2-620 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1). Amended by exempt rulemaking at 16 A.A.R. 135, effective September 21, 2009 (Supp. 10-1). Amended by exempt rulemaking at 22 A.A.R. 219, effective 5/4/2015. Amended by exempt rulemaking at 22 A.A.R. 2248, effective 8/6/2016. Amended by exempt rulemaking at 24 A.A.R. 195, effective 8/9/2017.

Ariz. Admin. Code § R7-2-622 Qualification Requirements of Professional, Non-Teaching School Personnel

A. Definitions:

1. "Educational Interpreter." For the purposes of this Section, "educational interpreter" means a person trained to translate in sign language for students identified to require such services through an Individualized Education Program (IEP) or a 504 accommodation plan in order to access academic instruction. This does not in any way restrict the provisions of R7-2-401(B)(14) which defines "interpreter" and provides that each student's IEP team determines the level of interpreter skill necessary for the provision of FAPE, nor does it restrict a school district's ability to develop a job description for someone in a position of "educational interpreter" that requires additional job responsibilities.

2. "Accommodation plan developed to comply with Section 504 of the Rehabilitation Act of 1973, 29 USC 794, et seq. ("504 accommodation plan")." For the purposes of this Section, "504 accommodation plan" means a plan developed for the purpose of specifying accommodations and/or services that will be implemented by classroom teachers and other school personnel so that students will benefit from their educational program.

B. Educational Interpreters for the Hearing Impaired.

1. Persons employed by or contracting with schools and school districts to provide educational interpreting services for hearing impaired students must meet the following qualifications from and after January 1, 2005:

a. Have a high school diploma or GED;

b. Hold a valid fingerprint clearance card, and

c. Show proficiency in interpreting skills through one of the following:

i. A minimum passing score of 3.5 or higher on the Educational Interpreter Performance Assessment (EIPA), or

ii. Hold a valid Certificate of Interpretation (CI) and/or Certificate of Transliteration (CT) from the Registry of Interpreters for the Deaf (RID), or

iii. Hold a valid certificate from the National Association of the Deaf (NAD) at level 3 or higher.

2. If a public education agency (PEA) is unable to find an individual meeting the above qualifications, the PEA may hire an individual with lesser qualifications, but the PEA is required to provide a professional development plan for the individual they employ to provide educational interpreting services. This professional development plan must include the following:

a. Proof of at least 24 hours of training in interpreting each year that a valid certification is not held or EIPA passing score is not attained, and

b. Documentation of a plan for the individual to meet the required qualifications within three years of employment. If the qualifications are not attained within three years, but progress toward attainment is demonstrated, the plan shall be modified to include an intensive program for up to one year to meet the provisions of subsection (B)(1).

3. An individual employed under the provisions of subsection (B)(2) must also have the following:

a. A valid fingerprint clearance card, and

b. A high school diploma or GED.

C. Compliance with these rules will be reviewed at the same time as a PEA is monitored for compliance with the requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.

History

• New Section recodified from R7-2-621 at 16 A.A.R. 68, effective December 8, 2008 (Supp. 10-1).

Ariz. Admin. Code § R7-2-623 Certification Requirements in a Public Health Emergency

A. As the result of a public health emergency declared by the Governor, the Department may temporarily modify certification requirements established in this Article, subject to review and approval by the Board.

B. A modification made pursuant to this section shall:

1. Not be more restrictive than requirements in effect at the time the public health emergency is declared.

2. Comply with statutory requirements.

3. Be limited to requirements that cannot be feasibly completed as the result of the public health emergency.

4. Be in effect for no more than one year after Board approval.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 1311, effective 5/18/2020.

Article 7 ADJUDICATIONS

Ariz. Admin. Code § R7-2-701 Definitions

In this Article, unless the context otherwise specifies:

1. "Board" means the State Board of Education.

2. "Chairman" means the chairperson of the Professional Practices Advisory Committee, established pursuant to R7-2-205.

3. "Contested case" means any proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by the State Board of Education after an opportunity for hearing.

4. "Department" means the Department of Education.

"Document" includes papers such as complaints, petitions, motions, responses and notices.

5. 6. "Hearing body" means the Board or the Professional Practices Advisory Committee.

6. 7. "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

7. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character, or another agency.

"PPAC" means the Professional Practices Advisory Committee, established pursuant to R7-2-205.

9. "Presiding officer" means a hearing officer, with either a minimum of three years of verified experience in the practice of law or a minimum of one year of verified experience in conducting hearings, who shall oversee hearings pursuant to this Article.

10. "Pupil" means any student enrolled in an Arizona public or private school defined in A.R.S. § 15-101. "Pupil" also means any student who was enrolled in an Arizona public or private school at the time of the events which are the subject of a proceeding.

11. "Victim" means any person who has been previously identified pursuant to state law as a victim in a criminal proceeding which is the basis for a contested case.

History

• Adopted effective May 25, 1978 (Supp. 78-3). Former Section R7-2-701 repealed, new Section R7-2-701 adopted effective December 4, 1978 (Supp. 78-6). Amended effective June 27, 1979 (Supp. 79-3). Amended subsection (A) effective October 7, 1980 (Supp. 80-5). Amended by adding subsection (A)(6) effective April 6, 1984 (Supp. 84-2). Amended effective October 19, 1984 (Supp. 84-5). Section R7-2-701 repealed as an emergency, new Section R7-2-701 adopted as an emergency effective January 2, 1985 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-1). Emergency expired. Repealed effective December 17, 1987 (Supp. 87-4). New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by exempt rulemaking at 21 A.A.R. 1775, effective 5/20/2013. Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-702 Filing; Computation of Time; Extension of Time

A. All documents concerning a contested case shall be filed within the time limit, if any, for such filing.

B. All documents filed in any contested case shall be typewritten or legibly written on paper 8 1/2 by 11 inches in size, shall contain the name and address of the party or other correspondent, shall be properly captioned and designate the title and case number, shall state the name and address of each party served with a copy and how service was made, and shall be signed by the party or, if represented, by the party's attorney. The signature constitutes a certification that the signer has read the document, has a good faith basis for submission of the document, and that it is not filed for the purpose or delay or harassment.

C. In computing any period of time prescribed or allowed by this Article, or any notice or order concerning a contested case, the day of the act, event, or default from which the designated period of time begins to run shall not be included. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When that period to time is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday.

D. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other document upon the party by another party, and the notice or other document is served by mail, five days shall be added to the prescribed period.

E. For good cause shown, the presiding officer may grant continuances and extensions of time for filing notices or other documents.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-703 Contested Cases; Notice; Hearing Records

A. In a contested case, the parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall be given at least 20 days prior to the date set for the hearing.

B. The notice shall include:

1. A statement of the time, place and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

3. A reference to the particular sections of the statutes and rules involved.

4. A short and plain statement of the matters asserted. If a party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

C. A reasonable effort shall be made to notify a victim of the time, place and nature of the hearing, and that the victim may submit a victim impact statement to be included as part of the record in a contested case.

D. C. Opportunity shall be afforded all parties to respond and present evidence and argument on the issues involved.

E. D. The Board may dispose of any contested case by decision or approved stipulation, agreed settlement, consent agreement or by default.

F. E. A hearing before a hearing body in a contested case or any part thereof shall be recorded manually or by a recording device and shall be transcribed on request of any party, unless otherwise provided by law. The cost of such transcript shall be paid by the party making the request, unless otherwise provided by law or unless assessment of the cost is waived by the Board.

G. F. The Board or the presiding officer may reschedule the hearing, maintaining due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

H. G. The record in a contested case shall include:

1. All pleadings, motions and interlocutory rulings.

2. Evidence received or considered, including confidential evidence received in executive session.

3. A statement of matters officially noticed.

4. Objections and offers of proof and rulings thereon.

Proposed findings of fact, conclusions of law and and recommendations of the hearing body.

6. Any decision, opinion, recommendation or report of the hearing body.

7. 6. All staff memoranda, other than privileged communications, or data submitted to the hearing body in connection with its consideration of the case.

8. 7. A victim impact statement, if submitted by the victim.

I. H. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by exempt rulemaking at 21 A.A.R. 1775, effective 5/20/2013. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-704 Service; Proof of Service

A. The Board shall serve notices of hearing, findings of fact, conclusions of law, and recommendations of the hearing body, and decisions and final orders of the Board, either by personal service or by first class mail or by email at the request of the parties involved. All other documents required to be served by the Board may be served by regular or certified mail or may be personally served or may be served by email at the request of the parties involved.

B. After service of a notice of hearing in a contested case, a copy of every document filed by a party, or individual seeking to intervene, shall be served on all parties to the contested case, or their lawyers if represented, at the same time the document is filed. Filing with the Board and service shall be completed by personal delivery, first-class mail or email.

C. The following evidences completed service:

1. If personally served, an affidavit of personal service, sworn to by the individual serving the document and stating the name of the individual upon whom it was served, where service was made, and the date of such service; or

2. If served by certified mail, proof of delivery; or

3. If served by email or regular mail, either a statement subscribed on the document filed, or an affidavit indicating the date mailed and listing those to whom it was mailed.

D. When a party is represented by an attorney, service shall be made on the attorney. If a notice of hearing shows service on the Attorney General, all documents served thereafter shall be served on the Assistant Attorney General named on the notice of hearing or who later appears on behalf of the Attorney General, or if no Assistant Attorney General is named, then on the Attorney General, Education and Health Section, Education Unit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021. Amended by final exempt rulemaking at 31 A.A.R. 1968, effective 9/14/2024.

Ariz. Admin. Code § R7-2-705 Hearings and Evidence

A. Parties may participate in the hearing in person or through an attorney.

B. The parties may submit proposed findings of fact and conclusions of law prior to the hearing. The presiding officer or hearing body may require that the parties submit proposed findings of fact and conclusions of law prior to the hearing or at the close of evidence.

C. A hearing in a contested case shall be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A party to such proceedings may be represented by counsel and shall have the right to submit evidence in open hearing and conduct cross examination. Hearings may be held in any location or manner determined by the Board.

D. Copies of documentary evidence may be received in the discretion of the presiding officer. Upon request, the parties shall be given an opportunity to compare the copy with the original.

E. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the hearing body. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The hearing body's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

F. If a party fails to appear at a hearing, the hearing body may proceed with the presentation of the evidence of the appearing party.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-706 Request for Hearing

When a request for a hearing is filed with the Board, the request shall be in writing and shall state the specific grounds which are the basis of the hearing request and the statute, rule or other legal basis entitling the person to a hearing.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

Ariz. Admin. Code § R7-2-707 Denial of Request for Hearing

If the Board denies the request for a hearing, the denial shall be in writing and shall state the reasons therefor. A denial of a request for hearing is final and not subject to further administrative review.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).

Ariz. Admin. Code § R7-2-708 [REPEALED]

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Section repealed by final rulemaking at 11 A.A.R. 696, effective March 29, 2005 (Supp. 05-1).

Ariz. Admin. Code § R7-2-709 Rehearing and Review of Decisions

A. After a hearing is held, a party in a contested case who is aggrieved by a decision rendered by the Board may file with the Board, not later than 30 days after such decision has been made, a written motion for rehearing specifying the particular grounds therefor. A response may be filed within 15 days after service of such motion by any other party. The Board may require the filing of written briefs on the issues raised in the motion or response and may provide for oral argument.

B. A rehearing of a decision by the Board may be granted for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings of the hearing body, or abuse of discretion, whereby the moving party was deprived of a fair hearing.

2. Misconduct of the hearing body or the prevailing party.

3. Accident or surprise which could not have been prevented by ordinary prudence.

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the hearing.

5. Excessive or insufficient penalties.

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing.

7. That the decision is not justified by the evidence or is contrary to the law.

C. The Board may affirm or modify the decision or grant a rehearing before a hearing body to all or any of the parties, on all or part of the issues, for any of the reasons set forth in subsection B herein. 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.

D. 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. The order granting such a rehearing shall specify the grounds therefor.

E. Not later than 20 days after a decision is rendered, the Board may, on its own initiative, order a rehearing of its decision for any reasons for which it might have granted a rehearing on motion of a party. The order granting such a rehearing shall specify the grounds therefor.

F. When a motion for rehearing is based upon affidavits they shall be served with the motion. An opposing party may, within ten days after service of such motion, serve opposing affidavits and this period may be extended for an additional period not exceeding 20 days, by the Board for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

G. After a hearing has been held and a final administrative decision has been entered, a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party's administrative remedies.

H. Any party in a contested case who is aggrieved by a decision rendered by the Board may file with the Board, not later than 20 days after such decision has been made, a written request for review of the decision. If a review of the decision is granted, the Board may affirm or modify the previous decision.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-710 [Repealed]

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Repealed by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-711 Consolidation and Severance

A. When proceedings involving a common question of law or fact or common parties are pending before the hearing body, it the presiding officer may, upon it's the presiding officer's own volition or upon request of any party, order a joint consolidated hearing on any or all the matters at issue.

B. In furtherance of convenience, to avoid prejudice, or when separate hearings will be conducive to expedition and economy, the presiding officer may, upon the presiding officer's own volition or upon request of any party, order any proceeding severed with respect to some or all issues or parties.

C. The presiding officer shall send a written ruling granting or denying consolidation or severance to all parties, identifying the cases, and the reasons for the decision.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-712 Subpoenas

A. The Board may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence on its own volition or at the request of a party. The subpoena shall be signed by a Board employee designated by the Board.

B. A request for a hearing subpoena shall be in writing and served on each party at least seven days prior to the date set for hearing and shall state:

1. The name of the contested case, the case number, and the time and place where the witness is expected to appear and testify;

2. The name and address of the witness subpoenaed;

3. The documents, if any, sought to be provided; and

4. A brief statement of the relevance of testimony or documents.

C. On application of a party or the agency and for use as evidence, the presiding officer may permit a deposition to be taken, in the manner and upon the terms designated by the presiding officer, of a witness who cannot be subpoenaed or is unable to attend the hearing.

D. The individual to whom a subpoena is directed shall comply with its provisions unless, prior to the date set for appearance, the presiding officer grants a written request to quash or modify the subpoena. The request shall be submitted to the Board and state the reasons why it should be granted. The presiding officer shall grant or deny such request by order.

E. The party requesting the subpoena shall prepare it and cause it to be served upon the individual to whom it is directed and on all parties in the same manner as provided for service of subpoenas in civil matters before the superior court. The return of service shall be filed with the Board.

F. A party, or the person served with a subpoena who objects to the subpoena, or any portion of it, may file an objection with the presiding officer. The objection shall be filed within five days after service of the subpoena, or at the outset of the hearing, if the subpoena is served fewer than five days before the hearing.

G. If a subpoena issued for the Board is disobeyed, the Board may petition the superior court to enforce the subpoena pursuant to A.R.S. § 15-203.

H. If a subpoena issued for a party other than the Board is disobeyed, the party may petition the superior court in the manner provided by law for the enforcement of subpoenas in a civil action.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-713 Conduct of Hearing

A. The presiding officer may conduct all or part of the hearing by telephone, or other electronic means, as long as each party has an opportunity to participate in the entire proceeding as it takes place.

B. Except for those hearings which may involve presentation of evidence protected by A.R.S. § 15-350, or which are otherwise closed pursuant to an express provision of law, all hearings are open to public observation.

C. Conduct at any hearing that is disruptive or shows contempt for the proceedings shall be grounds for exclusion from further participation or observation.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-714 Testimony of Pupils

A. All individuals present at a hearing regarding an action against a certificate shall:

1. Keep confidential the name and identifying information of any pupil involved in the hearing, unless disclosure is with the consent of the pupil's parent or guardian or the pupil if the pupil is at least 18 years of age at the time of the hearing, or by order of the superior court. This action does not prevent disclosure of the pupil's name to any party to the hearing.

2. Keep confidential the testimony of any pupil, all of which shall be taken in executive session, except that the Board office shall be furnished a confidential copy of the pupil's testimony as part of the complete transcript of the hearing. The individuals present during the executive session shall be determined by the presiding officer in consultation with the Attorney General's office except that the respondent and counsel shall always be permitted to be present. The transcripts of testimony taken during executive session shall be maintained by the Board.

B. The Board of Education or its designee shall:

1. Make available a consent form which requires the signature of the pupil's parent or guardian or the pupil if the pupil is at least 18 years of age at the time of the hearing, prior to disclosure of the pupil's name;

Assign a fictitious name to all witnesses identified as pupils on the witness lists provided by the complainant and respondent if not in receipt of written parental or guardian consent for disclosure;

3. Notify hearing participants, prior to and during the hearing, of any fictitious names to be used.

C. The presiding officer shall instruct all individuals present at the hearing of the confidentiality requirements of A.R.S. § 15-551 and this Section.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-715 Evidence

A. All witnesses shall testify under oath or affirmation. At the request of a party, or at the discretion of the presiding officer, the presiding officer may exclude witnesses who are not parties from the hearing room so that they cannot hear the testimony of other witnesses.

B. The presiding officer shall have the power to administer oaths and affirmations.

C. All parties shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and fair disclosure of the facts.

D. The presiding officer shall make rulings necessary to prevent argumentative, repetitive, or irrelevant questioning, to exclude evidence the presiding officer determines to be irrelevant, immaterial, or unduly repetitious, and to expedite the examination to the extent consistent with the disclosure of all relevant testimony and information.

E. Unless otherwise ordered by the hearing body, documentary evidence shall be limited in size when folded to 8 1/2 by 11 inches. The submitting party shall identify documentary exhibits by number or letter and party and furnish a copy of each exhibit to each party present. One additional copy shall be furnished to the hearing body unless the hearing body otherwise directs. When evidence offered by any party appears in a larger work, containing other information, the party shall plainly designate the portion offered. If the evidence offered is so voluminous as would unnecessarily encumber the record, the book, paper, or document shall not be received in evidence but may be marked for identification and, if properly authenticated, the designated portion may be read into or photocopied for the record. All documentary evidence offered shall be subject to appropriate and timely objection.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-716 Stipulations

Parties to any contested case may stipulate, in writing, agreement upon any matter involved in the proceeding. If approved by the presiding officer, agreement on matters of procedure shall be binding upon the parties to the stipulation. No substantive matter agreed to by the parties shall be binding upon the Board unless incorporated into the decision of the Board.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-717 Recommended Decisions

A. A recommended decision, findings of fact and conclusions of law shall be prepared for the Board by the PPAC.

B. A recommended decision, findings of fact and conclusions of law shall be delivered to the Board within 90 days after the close of the hearing or the date ordered for submission of proposed findings or legal memoranda, whichever comes last, unless the Board extends the period for good cause.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-718 Decisions and Orders

A. Any final decision or order adverse to a party in a contested case shall be in writing or stated in the record. Any final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by mail to their last known address of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith to each party and to the party's attorney of record.

B. When the Board is the hearing body, the decision shall be rendered within 120 days following the final day of the hearing or the date ordered for submission of proposed findings of fact and conclusions of law or legal memoranda, whichever comes last.

C. Within 30 days after receipt of any recommended decision from the PPAC, the Board shall render a decision to affirm, reverse, adopt, modify, supplement, amend or reject the findings of fact, conclusions of law and recommendations in whole or in part, may remand the matter to the hearing body with instructions, or may convene itself as the hearing body.

D. If no request for rehearing or review has been timely filed by a party, a decision in a contested case is effective and final ten days from the date served on that party.

History

• New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Article 8 COMPLIANCE

Ariz. Admin. Code § R7-2-801 Compliance

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.

History

• Adopted effective February 27, 1980 (Supp. 80-1). Amended effective April 9, 1993 (Supp. 93-2).

Ariz. Admin. Code § R7-2-802 School and School District Compliance with the Uniform System of Financial Records and the Uniform System of Financial Records for Charter Schools

A. Upon receipt of a report from the Auditor General that a school or school district has failed to comply with the Uniform System of Financial Records ("USFR") or the Uniform System of Financial Records for Charter Schools ("USFRCS") within 90 days after having received a notice of noncompliance from the Auditor General, the State Board of Education ("Board") shall review the Auditor General's report to determine whether the school or school district is in noncompliance.

B. When the Board determines that a school or school district is in noncompliance with the USFR or USFRCS, it shall give written notice to the school or district of its determination. The written notice shall advise the school or district of the following:

1. The Superintendent of Public Instruction shall withhold distribution of state funds to the school or district until such time as the Auditor General reports compliance with the USFR or USFRCS unless a hearing is requested by the school or district.

2. The school or district has 10 days from the receipt of the written notice of noncompliance by the Board to submit a written request for a hearing.

If the school or district makes a timely request for a hearing, the hearing will be held pursuant to the hearing procedures specified in R7-2-701 et seq.

C. The Board's decision

1. The Board shall determine whether the school or school district was in compliance with the USFR or USFRCS within 90 days after having been informed of noncompliance by the Auditor General, and whether the district is in compliance with the USFR or USFRCS at the time of the hearing.

2. A decision by the Board shall be determined by a majority of the members of the Board and shall be based upon substantial evidence.

History

• Adopted effective February 27, 1980 (Supp. 80-1). Amended subsections (A) and (E)(1) and (5) effective December 17, 1981 (Supp. 81-6). Amended effective December 31, 1998 (Supp. 98-4).

Ariz. Admin. Code § R7-2-803 Implementation of the Uniform System of Financial Records

All school districts shall implement the current version of the Uniform System of Financial Records, as prescribed by the Auditor General, in conjunction with the Department of Education. The Uniform System of Financial Records shall include standards to ensure that enrollment is determined by all school districts on a uniform basis.

History

• Adopted effective November 10, 1980 (Supp. 80-6). Amended effective February 20, 1997 (Supp. 97-1).

Ariz. Admin. Code § R7-2-804 Compliance with Federal Statutes or Regulations

A. This rule prescribes procedures to be used in filing and processing written complaints alleging the failure of a public agency or school district to comply with federal statutes or regulations applicable to federal education programs conducted and subject to Title 34, Code of Federal Regulations, § 76.780.

B. The Arizona Department of Education (Department) shall accept and investigate complaints provided that the complaint:

1. Is written and signed by the complaining party or his or her designated representative;

2. Sets forth the facts forming the basis of the complaint; the facts set forth in the complaint, if true, could constitute noncompliance by a public agency or school district;

C. Upon receipt of a complaint setting forth the criteria contained in (B), the Department shall immediately begin an impartial review which may include onsite investigations. If in the course of the review it is determined that the nature of the complaint is not a matter of noncompliance, the complainant will be so informed and advised of appropriate means of resolving the complaint.

D. A written decision with specific findings shall be issued by the Department within 60 calendar days of receipt of the written complaint. If corrective action is required, such action shall be designated in the decision and shall include the time line for correction and possible consequences for continued noncompliance. A copy of the written decision shall be sent to the complaining party and the agency involved on or before the expiration of the 60-day period. An extension of this timeline will be permitted only if exceptional circumstances exist with respect to a particular complaint.

E. If there appears to be a failure or refusal to comply with the applicable law or regulations, and if the noncompliance or refusal to comply cannot be corrected or avoided by informal means, compliance shall be effected by the Superintendent and the State Board of Education by any means authorized by law or by rule and regulation. The Superintendent shall retain jurisdiction over the issue of noncompliance with the law or regulations and shall retain jurisdiction over the implementation of any corrective action required. However, nothing herein shall preclude the availability of an informal resolution between the complainant and the agency or school district involved, nor shall this rule preclude the availability of any administrative hearing remedies to resolve such disputes or judicial review of such administrative remedies.

F. If, pursuant to an investigation by the Department, the Superintendent finds a failure to comply with applicable law or regulations, he or she shall so inform the agency or school district and compliance shall be obtained by informal means whenever possible. If corrective action is required, such action shall be designated in this decision and shall include the time lines for correction and the possible consequences for continued noncompliance.

G. A summary of each complaint received and investigated by the Department and the decision of the Superintendent shall be submitted annually to the State Board of Education for informational purposes only. Any personally identifiable information shall be deleted from the report to the State Board of Education.

H. The complainant may request the U.S. Department of Education to review the final decision of the Superintendent. The Department shall inform a complainant of the procedures for requesting a review by the U.S. Department of Education.

History

• Adopted effective February 11, 1983 (Supp. 83-1). Amended subsection (B) effective March 13, 1986 (Supp. 86-2).

Ariz. Admin. Code § R7-2-805 Education Division General Administrative Regulations

A. This rule prescribes procedures to be used for appealing a decision by the Arizona Department of Education (Department) relating to federal programs administered by the Department and subject to the Education Division General Administrative Regulations (EDGAR) Title 34, Code of Federal Regulations § 75 and 76.

B. A school district or public agency may request a hearing if it alleges that the Department violated a federal statute or regulation by:

1. Terminating further assistance for an approved project;

2. Ordering, in accordance with a final state audit resolution determination, the repayment of misspent or misapplied federal funds;

3. Disapproving or failing to approve the application or project in whole or in part; or

4. Failing to provide funds in amounts in accordance with the requirements of statutes and regulations.

5. Not approving the school district or public agency's proposal for funding.

C. When a school district or public agency requests a hearing, the Superintendent of Public Instruction (Superintendent) shall select a hearings appeals panel from Department staff other than those within the same division as the federal program area under which the appeal rose.

D. Hearing procedures

1. An applicant must request a hearing by notifying the Superintendent by certified mail of its decision to appeal a decision as set forth in subsection (B) of this rule. If the applicant is or represents a school district, authorization to seek a hearing must come from the Governing Board of that school district.

2. The request for hearing must set forth the nature of the complaint and the facts on which the complaint is based.

3. The applicant shall request a hearing within 30 days of the date notice of the Department action was sent. For purposes of this rule, the date of notice by the Department is the date of sending notice of the Department action.

4. A hearing shall be scheduled before the appeal panel within 30 days from the receipt of the request.

5. The appeals panel chairperson shall give at least 10 days' notice of the hearing date to the complainant.

6. The parties may submit written materials no later than five days prior to the hearing, such materials to consist of six copies.

7. At the hearing the parties may present evidence in writing and through witnesses and may be represented by counsel.

8. The length and order of the presentation may be determined by the appeals panel chairperson.

9. If the complainant or authorized representative fails to appear at the designated time, place and date of the hearing, the appeal shall be considered closed and the process terminated.

E. Decision. No later than five days after the hearing, the appeals panel shall forward to the Superintendent its recommendation relating to the school district or agency's request for review. Within 10 days after the hearing, the Superintendent shall issue his or her written ruling, including findings of fact and reasons for the ruling. If the Superintendent determines that the Department's action was contrary to the statutes and regulations that govern the applicable program, the Superintendent shall rescind the action.

F. Appeal. If the Superintendent does not rescind the Department action, the applicant may appeal to the U.S. Department of Education. The applicant shall file a notice of appeal with the U.S. Department of Education within 20 days after the applicant has been notified by the Superintendent of his or her decision by certified mail.

G. State Board of Education submission. The Superintendent shall annually submit to the State Board of Education as an informational item summaries of all decisions including the findings of fact of hearing procedures conducted pursuant to this rule for State Board of Education review.

History

• Adopted effective June 24, 1983 (Supp. 83-3).

Ariz. Admin. Code § R7-2-806 [REPEALED]

History

• Adopted effective February 6, 1984 (Supp. 84-1). Section repealed by final rulemaking at 7 A.A.R. 182, effective December 15, 2000 (Supp. 00-4).

Ariz. Admin. Code § R7-2-807 [REPEALED]

History

• Adopted as an emergency effective August 2, 1984 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Permanent rule adopted effective November 27, 1984 (Supp. 84-6). Amended effective May 3, 1993 (Supp. 93-2). Repealed effective February 20, 1997 (Supp. 97-1).

Ariz. Admin. Code § R7-2-808 Pupil Participation in Extracurricular Activities

The following standards are effective for students in grade 6, if part of a middle school, and grades 7 through 12.

1. Definition Extracurricular activities are:

a. All interscholastic activities which are of a competitive nature and involve more than one school where a championship, winner, or rating is determined; and all those endeavors of a continuous and ongoing nature for which no credit is earned in meeting graduation or promotional requirements and are organized, planned, and sponsored by the district consistent with district policy.

b. Activities which are an integral part of a credit class shall be excepted from the rule.

2. Eligibility requirements and ineligibility.

a. Eligibility. To be eligible to participate in extracurricular activities, a student shall be required to:

i. Earn a passing grade in each course in which the student is enrolled; and

ii. Maintain satisfactory progress toward promotion or graduation.

b. Ineligibility. When it is determined that a student has failed to meet the requirements specified for eligibility, the student shall be declared ineligible to participate in extracurricular activities and shall remain ineligible until the requirements of eligibility are met.

i. The governing board shall establish the criteria for a passing grade and satisfactory progress toward promotion or graduation, taking into account the needs of children placed in special education programs pursuant to R7-2-401 et seq. Passing grades shall be determined on a cumulative basis, from the beginning of instruction to the recording of a final grade for the course.

ii. Every nine weeks or less, as determined by the governing board, district personnel shall review the progress of students to determine their eligibility status. If a student is declared ineligible, the student shall remain ineligible until a subsequent check is performed and it is determined that the student meets the eligibility requirements specified in subsection (2)(a).

3. Each governing board shall adopt a policy and implement a program pursuant to that policy to provide:

a. Oral or written preliminary notice to all district students and their parents or guardian of pending ineligibility;

b. Written notice to students and their parents or guardians when ineligibility has been determined;

c. Educational support services to students declared ineligible because of this rule, as well as those notified of pending ineligibility.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended subsection (B) and added a new subsection (D) effective February 17, 1988 (Supp. 88-1). Amended subsection (A) effective August 15, 1988 (Supp. 88-3). Amended effective April 28, 1989 (Supp. 89-2). Amended effective December 20, 1991 (Supp. 91-4). Section R7-2-808 repealed, new Section adopted effective July 10, 1992 (Supp. 92-3). Amended effective September 20, 1996 (Supp. 96-3). Amended effective December 22, 1997 (Supp. 97-4).

Ariz. Admin. Code § R7-2-809 Emergency Administration of Auto-Injectable Epinephrine

A. Applicability. This rule applies to:

1. Any school district or charter school that voluntarily chooses to stock auto-injectable epinephrine pursuant to A.R.S. § 15-157.

2. All school districts and charter schools when required to stock auto-injectable epinephrine pursuant to A.R.S. § 15-157.

B. Definitions. The following definitions are applicable to this rule:

1. "Anaphylactic shock" is a severe systemic allergic reaction, resulting from exposure to an allergen, which may result in death.

2. "Auto-injectable epinephrine" means a disposable drug delivery device that is easily transportable and contains a premeasured single dose of epinephrine used to treat anaphylactic shock.

3. "Standing order" means a prescription protocol or instructions issued by the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to Title 32, Chapter 13, a doctor of naturopathic medicine licensed pursuant to Title 32, Chapter 14, a doctor of osteopathic medicine licensed pursuant to Title 32, Chapter 17, a nurse practitioner licensed pursuant to Title 32, Chapter 15 or a physician assistant licensed pursuant to Title 32, Chapter 25 for non-individual specific epinephrine.

C. Annual training in the administration of auto-injectable epinephrine.

1. Each school district and charter school shall designate at least two school personnel for each school site who shall be required to receive annual training in the proper administration of auto-injectable epinephrine in cases of anaphylactic shock pursuant to standing order. One or more of the trained personnel may be a school nurse or athletic trainer if they are employed by the school.

2. Training in the administration of auto-injectable epinephrine shall be conducted in accordance with minimum standards and curriculum developed by the Arizona Department of Health Services in consultation with the Arizona Department of Education.

3. At a minimum, training shall include procedures to follow when responding to anaphylactic shock, including direction regarding summoning appropriate emergency care, and documenting, tracking and reporting of the event.

4. Training shall also include standards and procedures for acquiring a supply of at least two juvenile doses and two adult doses of auto-injectable epinephrine, restocking auto-injectable epinephrine upon use or expiration, and storing all auto-injectable epinephrine at room temperature and in secure, easily accessible locations on school sites.

5. Training shall be conducted via courses provided in collaboration with a public health organization or by a regulated health care professional, whose competencies include the administration of auto-injectable epinephrine, including but not limited to a licensed school nurse, certified emergency medical technician or licensed athletic trainer.

6. School districts and charter schools shall maintain and make available upon request a list of those school personnel authorized and trained to administer auto-injectable epinephrine pursuant to a standing order.

D. Annual training on the recognition of anaphylactic shock symptoms and procedures to follow when anaphylactic shock occurs.

1. Each school district and charter school shall require all school site personnel to receive an annual training on the recognition of anaphylactic shock symptoms and procedures to follow when anaphylactic shock occurs.

Training shall be conducted in accordance with minimum training standards developed by the Arizona Department of Health Services in consultation with the Arizona Department of Education and shall follow the most current guidelines issued by the American Academy of Pediatrics.

3. Training shall be conducted in collaboration with a public health organization by a regulated health care professional whose competencies include the recognition of anaphylactic shock symptoms and procedures to follow when anaphylactic shock occurs, including but not limited to a licensed school nurse, certified emergency medical technician or licensed athletic trainer.

E. Procedures for annually requesting a standing order for auto-injectable epinephrine.

1. Each school district or charter school shall obtain a standing order from its designated district or charter school physician licensed pursuant to Title 32, Chapter 13, 14, 17, 15, or 25 and if no such physician is available to provide a standing order, from the chief medical officer of the Department of Health Services or the chief medical officer of a county health department.

2. Standing orders shall be renewed annually and upon the change of any designated school district or charter school physician.

3. Standing orders shall identify the appropriate dosage of auto-injectable epinephrine to administer based upon weight and the frequency at which auto-injectable epinephrine may be administered if symptoms persist or return.

F. Procedures for the administration of auto-injectable epinephrine in emergency situations.

1. All school districts and charters schools shall adopt procedures for the emergency administration of auto-injectable epinephrine by designated trained personnel.

2. Procedures shall address, at a minimum, the following requirements:

a. Determining if symptoms indicate possible anaphylactic shock.

b. Selecting the appropriate dosage of auto-injectable epinephrine to administer pursuant to a standing order.

c. Injecting epinephrine via auto-injector pursuant to a standing order, noting the time and dose given.

d. Calling 911 to advise that anaphylactic shock is suspected and epinephrine was administered.

e. Keeping the person stable until emergency responders arrive.

f. Advising school medical personnel and administration of the incident.

g. Repeating dose pursuant to a standing order when symptoms persist and emergency responders have not arrived.

h. Providing emergency responders with used epinephrine auto-injector labeled with name, date and time administered.

i. Assuring that parents/guardians have been notified and advised to promptly alert student's primary care physician of the incident.

j. Completing written documentation of the incident, detailing who administered the injection, the rationale for administering the injection, the approximate time of the injection or injections, and notifications made to school administration, emergency responders, the student's parents/guardians, and the doctor or chief medical officer who issued the standing order.

k. Ordering replacement dose or doses of auto-injectable epinephrine.

l. Reviewing any incident involving emergency administration of epinephrine to determine the adequacy of response.

G. All school districts and charter schools shall report to the Arizona Department of Health Services all incidents of use of auto-injectable epinephrine pursuant to this rule in the format prescribed by the Arizona Department of Health Services.

History

• Adopted effective July 30, 1992 (Supp. 92-3). Amended effective April 9, 1993 (Supp. 93-2). Repealed effective February 20, 1997 (Supp. 97-1). Adopted by exempt rulemaking at 21 A.A.R. 1784, effective 2/24/2014. Amended by final rulemaking at 24 A.A.R. 3279, effective 10/22/2018. Amended by final exempt rulemaking at 27 A.A.R. 1531, effective 8/27/2021.

Ariz. Admin. Code § R7-2-810 Emergency Administration of Inhalers

A. Applicability. This rule applies to:

1. Any school district or charter school that voluntarily chooses to stock inhalers pursuant to A.R.S § 15-158.

2. All school districts when required to stock inhalers pursuant to A.R.S. § 15-158.

B. Definitions. The following definitions are applicable to this rule:

1. "Authorized Entity" refers to any school district or charter school.

2. "Bronchodilator" means Albuterol or another short-acting bronchodilator that is approved by the United States Food and Drug Administration for the treatment of respiratory distress.

3. "Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler that includes a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator.

4. "Personnel" means employees at a school district or charter school or nurses who are under contract with the school district or charter school.

"Respiratory distress" includes the perceived or actual presence of coughing, wheezing or shortness of breath.

"Standing order" means a prescription protocol or instructions issued by the chief medical officer of a county health department, physicians licensed pursuant to Title 32, Chapter 13, 14 or 17, or nurse practitioners licensed pursuant to Title 32, Chapter 15.

C. Annual training on recognition of symptoms of respiratory distress and administration of inhalers:

1. Each school district and charter school that elects to administer inhalers shall designate at least two personnel at each school site who shall be required to be trained in the recognition of respiratory distress symptoms, the procedures to follow when respiratory distress occurs, and the administration of inhalers, as directed on the prescription protocol. While each school is required to have two trained personnel in order to implement the stock inhaler policies, schools may train as many personnel as they feel necessary.

2. Training in the administration of inhalers shall be conducted by a nationally recognized organization or professionally certified medical professionals that are experienced in training laypersons in emergency health treatment.

Training may be conducted online or in person and at a minimum shall include:

a. How to recognize signs and symptoms of respiratory distress in accordance with good clinical practice.

b. Standards and procedures for the storage of inhalers.

c. Standards and procedures for the administration of an inhaler, as directed on the prescription protocol.

d. If necessary, emergency follow-up procedures after the administration of an inhaler.

4. The organization that conducts the training shall issue a certificate to each person who successfully completes the training. The personnel shall submit this certificate to the school.

5. Annual training is required for all designated personnel of the school.

6. School districts and charter schools shall maintain and make available on request a list of school personnel who are authorized to administer inhalers pursuant to a standing order.

D. Procedures for annually requesting a standing order and the prescription for the inhaler and holding chamber

1. Each participating school district or charter school shall obtain a standing order and prescription for inhalers and spacers or holding chambers pursuant to A.R.S. § 15-158 from the chief medical officer of a county health department, a physician licensed pursuant to Title 32, Chapter 13, 14 or 17, or a nurse practitioner pursuant to Title 32, Chapter 15.

Standing orders and prescriptions shall be requested and renewed annually.

E. Procedures for the administration of inhalers in emergency situations:

1. School districts and charter schools that elect to administer inhalers shall:

a. Prescribe and enforce policies and procedures for the emergency administration of inhalers by designated and trained medical and non-medical personnel.

b. Designate at least two personnel at each school to be trained to recognize respiratory distress and administer inhalers.

c. Require designated personnel to participate in annual training and provide a certificate of successful completion to the school.

d. Designate personnel who have completed the required training to be responsible for the storage, maintenance, control and general oversight of the inhalers and spacers or holding chambers acquired by the school.

e. Acquire and stock a supply of inhalers and spacers or holding chambers pursuant to a standing order prescription.

f. Store medication in a secure, temperature appropriate location, unlocked and readily accessible to designated personnel.

Pursuant to a standing order, school district or charter school personnel who are trained in the administration of inhalers may administer or assist in the administration of an inhaler to a pupil or adult whom the personnel believes in good faith to be exhibiting symptoms of respiratory distress while at school or a school-sponsored activity.

Procedures adopted by school districts and charter schools shall address at a minimum, the following requirements:

a. Determine if symptoms indicate possible respiratory distress or emergency and determine if the use of an inhaler will properly address the respiratory distress or emergency.

b. Administer the correct dose of inhaler medication, as directed by the prescription protocol, regardless of whether the individual who is believed to be experiencing respiratory distress has a prescription for an inhaler and spacer or holding chamber or has been previously diagnosed with a condition requiring an inhaler.

c. Restrict physical activity, encourage slow breaths and allow the individual to rest.

d. Assure that trained personnel stay with the subject who has been administered inhaler medication until it is determined whether the medication alleviates symptoms.

e. If applicable, instruct office staff to notify the school nurse if the inhaler is administered by a trained but non-licensed person.

f. Instruct school staff to notify the parent or guardian.

g. Call 911 if severe respiratory distress continues. Advise that inhaler medication was administered and stay with the person until emergency medical responders arrive.

h. If the individual shows improvement, keep the individual under supervision until breathing returns to normal, with no more chest tightness or shortness of breath, and the individual can walk and talk easily.

i. Allow a student to return to class if breathing has returned to normal and all symptoms have resolved.

j. Notify a parent or guardian once the inhaler has been administered and the student has returned to class.

k. Document the incident detailing who administered the inhaler, the approximate time of the incident, notifications made to the school administration, emergency responders, and parents/guardians.

l. Retain the incident data on file at the school pursuant to the general records retention schedule regarding health records for school districts and charter schools established by the Arizona State Library, Archives and Public Records.

m. Order replacement inhalers, spacers and holding chambers as needed.

4. A school district or charter school may accept monetary donations for or apply for grants for the purchase of inhalers and spacers or holding chamber or may accept donations of inhalers and spacers or holding chambers directly from the product manufacturers.

F. Immunity from civil liability is prescribed in A.R.S. § 15-158.

History

• Adopted by exempt rulemaking at 24 A.A.R. 146, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3279, effective 10/22/2018. Amended by final exempt rulemaking at 27 A.A.R. 1531, effective 8/27/2021.

Ariz. Admin. Code § R7-2-811 Emergency Administration of Seizure Management Plans and Medication

A. Applicability. This section applies to:

1. Any school district or charter school that has received a seizure management plan from a parent pursuant to A.R.S. § 15-160.02.

2. All school districts and charter schools when required to stock seizure rescue medication or a medication prescribed to treat seizure disorder pursuant to A.R.S. § 15160.02.

3. The State Board of Education shall adopt rules as necessary to administer this section pursuant to A.R.S. § 15-160.02.

B. Definitions. The following definitions are applicable to this Section:

1. "Parent" is the guardian responsible for the student in question.

2. "Seizure Management and Treatment Plan", also known as a seizure action plan, outlines procedures recommended by the student's parent and the student's physician or registered nurse practitioner as defined in section 32-1601 and is signed by the student's parent and the student's physician or registered nurse practitioner.

3. "Seizure rescue medication" is a medication prescribed by the student's physician or registered nurse practitioner and is approved as an acute treatment, given at the time of the seizure to abort an ongoing or excessive number of seizures on an as need basis.

4. "School Nurse" is a Registered Nurse (RN) or a Licensed Practical Nurse (LPN) employed by, or under contract with, a school district or charter school whose duties at the school include regular contact with students who have submitted a seizure management and treatment plan.

5. "School Personnel" includes the school principal, guidance counselor, teacher, bus driver, or classroom aide whose duties at the school include regular contact with students who have submitted a seizure management and treatment plan.

C. Quinquennial training in the administration of seizure management and treatment plans, stocking of seizure rescue medication, or stocking of a medication prescribed to treat seizure disorder.

1. A school nurse who is employed or under contract with a school district or charter school that has received a seizure management and treatment plan shall complete an online course of instruction for school nurses regarding managing students with seizure disorders. This training must be approved by the State Board of Education. The minimum requirements of this training are defined pursuant to A.R.S. § 15-160.02. Information regarding training that has been approved by the State Board of Education shall be posted on the Board's website.

a. Information regarding training that has been approved by the State Board of Education shall be posted on the Board's website.

b. The training shall be initially completed within 30 days of receipt of the first seizure management and treatment plan.

c. A new hire who will have regular contact with a student who has previously submitted a seizure management and treatment plan shall be required to complete the training during the school's new hire orientation unless the new hire can submit proof of successful completion within the last five years.

d. The training must be completed at least once in a five-year period.

2. A school principal, guidance counselor, teacher, bus driver or classroom aide whose duties at the school include regular contact with students who have submitted a seizure management and treatment plan shall complete an online course of instruction for school personnel regarding awareness of students with seizure disorders. This training must be completed at least once in a five-year period and be approved by the State Board of Education. The minimum requirements of this training are defined pursuant to A.R.S. § 15-160.02. Information regarding training that has been approved by the State Board of Education shall be posted on the Board's website.

a. Information regarding training that has been approved by the State Board of Education shall be posted on the Board's website.

b. The training shall be initially completed within 30 days of receipt of the first seizure management and treatment plan.

c. A new hire who will have regular contact with a student who has previously submitted a seizure management and treatment plan shall be required to complete the training during the school's new hire orientation unless the new hire can submit proof of successful completion within the last five years.

d. The training must be completed at least once in a five-year period.

3. Each school district and charter school shall have at least one school employee at the school, other than the school nurse, who has met the training requirements necessary to administer or assist with the self-administration of both of the following:

a. A seizure rescue medication or a medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration, or its successor agency.

b. A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration, or its successor agency.

4. The State Board of Education shall approve the school district or charter school course of instruction per the minimum training requirements pursuant to A.R.S. § 15-160.02.

a. All unapproved courses of instruction must be submitted to the State Board of Education for approval.

b. All courses of instruction shall issue a certificate to each person who successfully completes the training and the date of completion. The school personnel shall submit this certificate to the school.

c. Any approved courses of instruction that are altered must seek pre-approval from the State Board of Education. Approval from the State Board of Education must be gained prior to launching the updated course of instruction.

5. School districts and charter schools shall maintain and make available on request:

a. List of school personnel who are authorized to administer seizure medication pursuant to the seizure management and treatment plan, the date the training was successfully completed, and the certificate signifying successful completion.

b. The school's course of instruction that is not consistent with R7-2-811(C)(1)(a) and R7-2-811(C)(2)(a).

D. Procedures for the administration of seizure rescue medication, a medication prescribed to treat seizure disorder symptoms, or manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet.

1. All school districts and charter schools shall adopt procedures for the emergency administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms.

2. All school districts and charter schools shall adopt procedures for the manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet.

3. Procedures shall address, at minimum, the following requirements:

a. Basic seizure first aid steps with steps to keep the student safe and from injury during a seizure, guidelines for activating 911/the Emergency Medical System (EMS) and notifying the student's parent.

b. Steps to obtain a seizure management and treatment plan also known as a seizure action plan for students with a seizure disorder.

c. Designate personnel who have completed the required training to be responsible for the storage, maintenance, control, and general oversight of the items for students with seizures including a seizure action plan and medication.

d. Store the medication in a secure, temperature-appropriate location and readily accessible to designated personnel.

e. Store the vagus nerve stimulator magnet in a secure location, where it is readily accessible to designated personnel.

f. Documenting the incident detailing the seizure, location where the seizure began, actions taken as defined by the seizure action plan on file for the student, who administered the medication or vagus nerve stimulator magnet, the approximate time of the incident, student response to the medication or vagus nerve stimulator magnet, notifications made to the school administration, emergency responders, and parent, disposition per the seizure action plan, and any other pertinent details of the incident.

g. Steps to obtain an updated seizure action plan from the parent post-incident if found to be necessary.

h. Steps to obtain replacement medication for the student, if needed, in alignment with the student's seizure action plan

E. Immunity from civil liability is prescribed in A.R.S. § 15-160.02.

History

• New Section made by final exempt rulemaking at 30 A.A.R. 2547, effective 7/24/2024.

Article 9 SCHOOL DISTRICT BUDGETING AND ACCOUNTING

Ariz. Admin. Code § R7-2-901 Teacher Experience Index Provisions

A. General purpose. These guidelines are provided for local governing boards to assist in development of policies identifying activities which contribute to the instructional programs at the local school level. The policies will define what constitutes a full-time vs. a part-time teacher position for the purpose of developing a school district's Teacher Experience Index.

B. Local governing boards may include the following activities in their policies as those which contribute toward an instructional program. This listing is not intended to be exclusive, and districts may utilize additional activities:

1. Classroom related:

a. Classroom instruction,

b. Preparation time,

c. Supervision,

d. Evaluation,

e. Curriculum development,

f. Housekeeping chores, i.e., daily reports, blackboard preparation, etc.

2. School related:

a. Teacher conferences,

b. Parent conferences,

c. Professional association activities,

d. Professional days,

e. District directed reports,

f. Participation in activities related to education scheduled by county, state, or federal agencies.

Professional association activities must be, in the opinion of the local governing board, for a public purpose and must not be for the sole benefit of the professional association.

3. Other district related:

a. Special assignments,

b. School board approved leave,

c. Home visitation,

d. Home instruction,

e. Off-site instruction,

f. Research,

g. In-service training.

In-service training activities are those approved by the local governing board and intended to promote the educational advancement of the youth of the district. These activities may be conducted either during the regular school day or at other times.

C. A local governing board may exercise its option to contract with certified personnel on a less than full-time basis in order to meet local district needs.

D. In those instances where a district may contract with certificated personnel, and the responsibilities specified within the contract include activities not related to instruction, then the district must define in terms of "full-time equivalencies" that portion which is instruction-related.

History

• Adopted as an emergency effective May 21, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-3). Former emergency adoption now adopted without change effective October 7, 1980 (Supp. 80-5).

Ariz. Admin. Code § R7-2-902 Independent Accounting Responsibility

A. The governing board of a school district applying to operate with full independence from the county school superintendent as provided in A.R.S. § 15-914.01, shall apply to the State Board of Education and submit a plan for accounting responsibility to the county school superintendent of the county in which the school district is located and the Department of Education before January 1, which documents the following:

1. Administrative and internal accounting controls designed to achieve compliance with the Uniform System of Financial Records and the following objectives:

a. Procedures for approving, preparing and signing vouchers and warrants;

b. Procedures to ensure verification of administrators' and teachers' certification records with the Department of Education for all classroom and administrative personnel required to hold a certificate by the State Board pursuant to A.R.S. § 15-203, before issuing warrants for their services;

c. Procedures to account for all revenues, including allocation of certain revenues to funds as provided in the revenues section of the Uniform Accounting Manual for Arizona County School Superintendents;

d. Procedures for reconciling the accounting records monthly to the county treasurer as provided in the reconciliations section of the Uniform Accounting Manual for Arizona County School Superintendents

2. No amendments or additions to Sections III-C and G of the February 1986 Uniform Accounting Manual for Arizona County School Superintendents made after the effective date of this Section are included in these procedures. Copies of Sections III-C and G are available at the State Board office and from the Arizona Auditor General.

2.3. A compilation of resources required to implement accounting responsibility, including personnel, training and equipment, and a comprehensive analysis of the budgetary implications of accounting responsibility for the school district and the county treasurer.

B. Before January 1 of the fiscal year preceding the fiscal year of implementation and before submitting an application to assume accounting responsibility, a school district shall apply for evaluation by the Auditor General. After completing the evaluation, the Auditor General may recommend approval or denial of accounting responsibility to the State Board of Education. The evaluation by the Auditor General shall be performed contingent on staff availability and may be billed to the school district at cost. Evaluation at a minimum shall include the following:

1. The most recent financial statements audited by an independent certified public accountant.

2. The most recent reports on internal control, compliance and uniform system of financial records compliance questionnaire prepared by an independent certified public accountant or procedural review completed by the Auditor General.

3. The working papers of the independent certified public accountant responsible for auditing the school district, if deemed appropriate by the Auditor General.

4. A procedural review if deemed appropriate by the Auditor General.

C. Before January 1 of the fiscal year preceding the fiscal year of implementation and before submitting an application to assume accounting responsibility, a school district shall apply for evaluation by the county treasurer of the county in which the school district is located. After completing the evaluation, the county treasurer may recommend approval or denial of accounting responsibility to the State Board of Education. The evaluation by the county treasurer shall be performed contingent on staff availability and may be billed to the school district at cost. Evaluation by the county treasurer at a minimum shall include an analysis of the computer programming required for the county to manage the school districts funds.

D. School districts that are approved by the State Board of Education to assume accounting responsibility shall contract with an independent certified public accountant for an annual financial and compliance audit. The Auditor General may reevaluate the school district annually based on the audit to determine compliance with the uniform system of financial records. If permitted by federal law, a school district may convert to a biennial audit schedule if the previous annual audit conducted pursuant to this subsection did not contain any significant negative findings. If a biennial audit of a school district conducted pursuant to this subsection contains any significant negative findings, the school district shall convert back to an annual audit schedule. If a school district is required to convert back to an annual audit schedule pursuant to this subsection because of significant negative findings, the school district may subsequently convert to a biennial audit schedule if the previous two annual audits did not contain any significant negative findings. For the purposes of this subsection, "significant negative finding" means a finding that results in the issuance of a letter of noncompliance from the Auditor General.

E. Upon receipt of an accounting responsibility plan as prescribed in subsection A of this section, the county treasurer shall establish acceptable standards for interface by school districts with the county treasurer, including specifications for computer hardware and software compatibility and procedures to ensure the capacity of each school district to reconcile accounts with those of the county treasurer.

F. Any school district that fails to maintain accounting standards as provided by the uniform system of financial records and that is found to be in noncompliance with the uniform system of financial records by the State Board of Education as provided in A.R.S. § 15-272 is not eligible to participate in the program provided by this section.

History

• Adopted effective February 4, 1988 (Supp. 88-1). Amended by final exempt rulemaking at 29 A.A.R. 1402, effective 5/22/2023.

Article 10 SCHOOL DISTRICT PROCUREMENT

Part I IN GENERAL

Ariz. Admin. Code § R7-2-1001 Definitions

In Articles 10 and 11, unless the context otherwise requires:

1. "Acceptance period" means the period of time specified in the solicitation that a bid or proposal is irrevocable, except as specified in R7-2-1030.

2. "Actual energy production" means the actual amount of energy that flows from the energy production measure on an annual basis as measured by a meter in kilowatt hours alternating current.

3. "Advantageous to the school district" means in the best interest of the school district, but does not necessarily mean lowest bid/ cost.

4. "Affiliate" means any person whose governing instruments require it to be bound by the decision of another person or whose governing board includes enough voting representatives of the other person to cause or prevent action, whether or not the power is exercised. It also may include persons doing business under a variety of names, or where there is a parent-subsidiary relationship between persons.

5. "Alternative project delivery methods for construction" means construction-manager-at-risk, design-build, and job-order-contracting construction services.

6. "Architect services," "engineer services," "land surveying services," "geologist services" and "landscape architect services" mean those professional services within the scope of the practice of those services as provided in A.R.S. Title 32, Chapter 1, Article 1.

7. "Award" means a determination by the school district that it is entering into a contract with one or more bidders or offerors.

8. "Bid" means a response to an invitation for bids and includes an offer to contract with the school district.

9. "Bidder" means a person submitting a bid in response to an invitation for bids.

10. "Brand name or equal specification" means a written description that uses one or more manufacturers' names or catalog numbers to describe the standard of quality, performance, and other characteristics needed to meet the school district's requirements, and that provides for the submission of equivalent products.

11. "Brand name specification" means a written description limited to one or more items by manufacturers' names or catalog numbers.

12. "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.

13. "Change order" means a written order that is approved by the governing board and that directs the contractor to make changes that the changes clause of the contract authorizes the governing board to order.

14. "Clergy" means a minister of a religion.

"Coefficient" means the contractor's price adjustment to the unit price in a job order contract. Several coefficients may apply to the unit price book.

16. Construction:

a. Means the process of building, altering, repairing, improving or demolishing any school district structure or building, or other public improvements of any kind to any public real property.

b. Construction does not include:

i. The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property.

ii. The investigation, characterization, restoration or remediation due to an environmental issue of existing facilities, structures, buildings or real property.

"Construction-manager-at-risk" means a project delivery method in which:

a. There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the school district may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

b. The contract for construction services may be entered into at the same time as the contract for design services or at a later time.

c. Design and construction of the project may be either:

i. Sequential with the entire design complete before construction commences.

ii. Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

d. Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

18. "Construction services" means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

a. Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods.

b. A combination of construction and, as elected by the school district, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction-manager-at-risk, design-build or job-order-contracting in this Section.

19. "Contract" means all types of agreements, including purchase orders, regardless of what they may be called, for the procurement of materials, services, construction or construction services, or the disposal of materials.

"Contract modification" means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract.

21. "Contractor" means any person who has a contract with a school district.

22. "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit.

23. "Cost" means the aggregate cost of all materials and services, including labor performed by school district employees.

"Cost data" means information concerning the actual or estimated cost of labor, material, overhead and other cost elements that have been actually incurred or that are expected to be incurred by the offeror or contractor in performing the contract.

"Cost-plus-a-percentage-of-cost contract" means a contract that, prior to completion of the work, the parties agree that the fee will be a predetermined percentage of the cost of the work.

26. "Data" means documented information, regardless of form or characteristic.

27. "Days" means calendar days and shall be computed pursuant to A.R.S. § 1-243.

28. "Defective data" means data that is inaccurate, incomplete or outdated.

29. "Dentist" means a person licensed pursuant to A.R.S. Title 32, Chapter 11.

30. "Descriptive literature" means information available in the ordinary course of business that shows the characteristics, construction or operation of an item offered in a bid or proposal.

31. "Design-bid-build" means a project delivery method in which:

a. There is a sequential award of two separate contracts.

b. The first contract is for design services.

c. The second contract is for construction.

d. Design and construction of the project are in sequential phases.

e. Finance services, maintenance services and operations services are not included.

32. "Design-build" means a project delivery method in which:

a. There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the school district may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services.

b. Design and construction of the project may be either:

i. Sequential with the entire design complete before construction commences.

ii. Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

c. Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

33. "Design professional" means an individual or firm that is registered by the state board of technical registration pursuant to A.R.S. Title 32, Chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and any person employed by the registered individual or firm.

34. "Design professional service contract" means a written agreement relating to the planning, design, construction administration, study, evaluation, consulting, inspection, surveying, mapping, material sampling, testing or other professional, scientific or technical services furnished in connection with any actual or proposed study, planning, survey, environmental remediation, construction, improvement, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility or development or other improvement to land.

35. "Design professional services" means architect services, engineer services, land surveying services, geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or an employee or subconsultant of the design professional.

36. "Design requirements" means at a minimum:

a. The school district's written description of the project or service to be procured, including:

i. The required features, functions, characteristics, qualities and properties.

ii. The anticipated schedule, including start, duration and completion.

iii. The estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance.

b. May include:

i. Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by a design professional who is registered pursuant to A.R.S § 32-121.

ii. Additional design information or documents that the school district elects to include.

37. "Design services" means architect services, engineer services or landscape architect services.

38. "Designee" means the governing board member or school district employee who has been delegated procurement authority by the governing board as specified by board action.

39. "Detailed record" means minutes, that shall include the date, time, place, persons in attendance and a summary of what was said by whom and the decisions made. The minutes may be made either in writing or by a recording.

40. "Discussions" means an exchange or series of exchanges between the school district and a person who has submitted an unpriced technical offer or a proposal, resulting in an opportunity for the person to revise the unpriced technical offer or proposal prior to final evaluation by the school district.

41. "District representative" means a district employee or the governing board acting within the limits of the district representative's authority. There may be more than one appointed for different purposes and different procurements.

42. "Earth-moving, material-handling, road maintenance and construction equipment" means a track-type tractor, motor grader, excavator, landfill compactor, wheel tractor scraper, off-highway truck, wheel leader or track loader, having a published manufacturer's minimum unit list price of $50,000 or more and a minimum expected life cycle of three years.

43. "Effective utility rate" means the average price per kilowatt hour that a school district paid to its utility provider for electricity service to the facility that is the subject of the guaranteed energy production contract over the previous twelve months.

44. "Eligible procurement unit" means a public procurement unit, a nonprofit corporation, or an external procurement activity.

"Employee" means an individual drawing a salary from a school district and any noncompensated individual performing personal services for any school district.

46. "Energy baseline" means a calculation of the amount of energy used in an existing facility before the installation or implementation of the energy cost savings measures.

47. "Energy cost savings" means one or both of the following:

a. An estimated reduction in net fuel costs, energy costs, water costs, stormwater fees or other utility costs, or related net operating costs, including costs for anticipated equipment replacement and repair, from or as compared to an established baseline of those costs.

b. An estimated revenue increase associated with additional facility use or the use of improved meters or other measuring devices due to improvements included in the guaranteed energy cost savings contract.

47. 48. "Energy cost savings measure" means a training program or facility alteration designed to reduce energy consumption, which may include one or more of the measures authorized in A.R.S. § 15-213.01, and any related meters or other measuring devices.

48. 49. "Energy production measure" means renewable and alternative energy projects or renewable energy power service agreements.

49. 50. "Established catalog price" means the price included in a catalog, price list, schedule or other form that:

a. Is regularly maintained by a manufacturer, distributor or contractor.

b. Is either published or otherwise available for inspection by customers.

c. States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the materials or services involved.

50. 51. "Excess materials" means any materials which have a remaining useful life but which are no longer required by the using school district in possession of the materials.

51. 52. "External procurement activity" means any buying organization not located in this state that would qualify as a public procurement unit.

52. 53. "Fair market value" means the price at which sales have been consummated for materials of like type, quality, and quantity in a particular market at the time of acquisition.

53. 54. "Filed" means delivery to the district representative, school district or its hearing officer, whichever is applicable. A time/date stamp affixed to a document by the school district shall be determinative of the time or delivery for purposes of filing.

54. 55. "Finance services" means financing for a construction services project.

55. 56. "General Services Administration contract" means contracts awarded by the United States government General Services Administration.

56. 57. "Gift or benefit" means a payment, distribution, expenditure, advance, deposit or donation of monies, any intangible personal property or any kind of tangible personal or real property that is not of nominal value such as a greeting card, t-shirt, mug or pen. Gift or benefit does not include either:

a. Food or beverage.

b. Expenses or sponsorships relating to a special event or function to which individuals involved in procurement and purchasing are invited.

57. 58. "Governing board" has the meaning defined in A.R.S. § 15-101.

58. 59. "Governing instruments" means legal documents that establish the existence of an organization and define its powers, including articles of incorporation or association, constitution, charter, by-laws, or similar documents.

59. 60. "Guaranteed energy cost savings contract" means a contract for implementing one or more energy cost savings measures.

60. 61. "Guaranteed energy price" means the agreed on price to be charged to the school district for each kilowatt hour alternating current of actual energy production as such may change on an annual basis as set forth in the guaranteed energy production contract.

61. 62. "Guaranteed energy production" means the amount of energy, measured in kilowatt hours alternating current, that the qualified provider guarantees for each year of the guaranteed energy production contract.

62. 63. "Guaranteed energy production contract" means a contract for implementing one or more energy production measures between one or more qualified providers and a school district.

63. 64. "Guaranteed energy production shortfall" means the amount, if any, that the actual energy production is less than the guaranteed energy production in any given year.

64. 65. "Incremental award" means an award of portions of a definite quantity requirement to more than one contractor. Each portion is for a definite quantity and the sum of the portions is the total definite quantity required.

65. 66. "Interested party" means an actual or prospective bidder or offeror whose economic interest may be affected substantially and directly by the issuance of a solicitation, the award of a contract or by the failure to award a contract. Whether an actual or prospective bidder or offeror has an economic interest will depend upon the circumstances of each case.

66. 67. "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.

67. 68. "Invitation for bids" means all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in R7-2-1024.

68. 69. "In writing" has the same meaning as "written" or "writing" in A.R.S. § 47-1201, which includes printing, typewriting, electronic transmission, facsimile, or any other intentional reduction to tangible form.

69. 70. "Job-order-contracting" means a project delivery method in which:

a. The contract is a requirements contract for indefinite quantities of construction.

b. The construction to be performed is specified in job orders issued during the contract.

c. Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

70. 71. "Legal counsel" means a person licensed as an attorney by the Arizona Supreme Court.

71. 72. "Life cycle" means the useful life of the earth-moving, material-handling, road maintenance and construction equipment to the original using school district.

72. 73. "Local public procurement unit" means any political subdivision, any agency, board, department or other instrumentality of such political subdivision, and any nonprofit corporation created solely for the purpose of administering a cooperative purchase under Articles 10 and 11.

73. 74. "Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

74. 75. "Materials" means all property, including equipment, supplies, printing, insurance and leases of property, but does not include land, a permanent interest in land or real property or leasing space.

75. 76. "May" denotes the permissive.

76. 77. "Minor" means mistakes, excluding judgmental errors, that have negligible effect on price, quantity, quality, delivery or other contractual terms and the waiver or correction of such mistake does not prejudice other bidders or offerors.

77. 78. "Multiple award" means award of multiple contracts for identical or similar materials or services to more than one bidder or offeror.

78. 79. "Multistep sealed bidding" means a 2-phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by the school district and a second phase in which those bidders whose technical offers are determined to be acceptable during the first phase have their price bids considered.

79. 80. "Negotiation" means an exchange or series of exchanges between the school district and a person with a goal of establishing the terms, conditions and prices in a contract between the school district and the person, where such negotiation is authorized in Articles 10 and 11.

80. 81. "Nonexpendable materials" means all tangible materials which have an original acquisition cost over an amount set by regulation and a probable useful life of more than one year.

81. 82. "Nonprofit corporation" means any nonprofit corporation as designated by the Internal Revenue Service under section 501(c)(3) through 501(c)(6) or under section 115, if created by two or more local public procurement units, and includes certified nonprofit agencies that serve individuals with disabilities as defined in A.R.S. § 41-2636.

82. 83. "Offeror" means a person submitting a proposal in response to a request for proposals.

83. 84. "Operations services" means routine operation of existing facilities, structures, buildings or real property.

84. 85. "Outright purchase" means the initial cost to the school district for the earth-moving, material-handling, road maintenance and construction equipment, including all vendor charges and financing costs.

85. 86. "Owner" means the school district.

86. 87. "Paper" means newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and related types of cellulosic material containing not more than ten percent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.

87. 88. "Paper product" means paper items or commodities, including paper napkins, towels, corrugated paper and related types of cellulosic products containing not more than ten percent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturates.

88. 89. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.

89. 90. "Physician" means a person licensed pursuant to A.R.S. Title 32, Chapters 7, 8, 13, 14, 15.1, 16, or 17.

90. 91. "Post-consumer material" means a discard generated by a business or residence that has fulfilled its useful life. Post-consumer material does not include discards from industrial or manufacturing processes.

91. 92. "Posted prices" means the sale price determined by the school district to be fair market value.

92. 93. "Preconstruction services" means services and other activities during the design phase.

93. 94. "Pricing data" means information concerning prices, including profit, for materials, services or construction substantially similar to those being procured under a contract or subcontract. In this definition, "prices" refers to offered selling prices, historical selling prices or current selling prices of the items being purchased.

94. 95. "Prime contractor" means a general contractor, who contracts with a property owner and, in turn, employs a subcontractor, or subcontractors, to perform some or all of the work.

95. 96. "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services. Procurement also includes all functions that pertain to the obtaining of any material, service, construction, or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

96. 97. "Procurement file" means the official procurement records of the school district containing the following:

a. List of notified vendors.

b. Procurement disclosure statements.

c. Final solicitation.

d. Solicitation amendments.

e. Bids and offers.

f. Offer revisions and best and final offers.

g. Discussions.

h. Clarifications.

i. Final evaluation reports.

j. Additional information, as necessary.

97. 98. "Proposal" means a response to a request for proposals and includes an offer to contract with the school district.

98. 99. "Proprietary specification" means a specification that describes a material made and marketed by a person having the exclusive right to manufacture and sell such material and excludes other material with similar quality, performance or functional characteristics from being responsive to the solicitation.

99. 100. "Public procurement unit" means either a local public procurement unit, the Arizona Department of Administration, any other state or an agency of the United States.

100. 101. "Public service corporation" means all corporations other than municipal engaged in furnishing gas, electricity, or water and subject to regulation as a utility by the Arizona Corporation Commission.

101. 102. "Purchase description" means the words used in a solicitation to describe the materials, services or construction for purchase and includes specifications attached to, or made a part of, the solicitation.

102. 103. "Purchase requisition" means that document, or electronic transmission, whereby a school district requests that a contract be entered into for a specific need, and may include, but is not limited to, the description of the requested item, delivery schedule, transportation data, criteria for evaluation, suggested source of supply and information supplied for the making of any written determination required by Articles 10 and 11.

103. 104. "Qualified products list" means an approved list of materials or construction items described by model or catalog numbers that, prior to competitive solicitation, the governing board has determined will meet the applicable specification requirement.

104. 105. "Qualified select bidders list" means a selection process for establishing a list of best-qualified prime contractors or construction material suppliers for a specific, single project. The selection process is based upon listed evaluation criteria and conducted through a request for qualifications. Once the selection process is complete, the qualified bidders are invited to submit a sealed competitive bid based upon architectural/engineering plans and specifications or material specifications.

105. 106. "Reasonably susceptible of being awarded a contract" means those proposals that the school district determines are subject to award after the initial review of all original proposals.

106. 107. "Recycled paper" means paper products which have been manufactured from materials otherwise destined for the waste stream and which contain at least forty percent recovered wastepaper with ten percent of that being post-consumer material.

107. 108. "Regional award" means an award of portions of the total requirement by geographic region.

108. 109. "Request for information" means all documents issued to vendors for the sole purpose of seeking information about the availability in the commercial marketplace of materials or services.

109. 110. "Request for proposals" means all documents, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in R7-2-1042.

110. 111. "Request for qualifications" means all documents, whether attached or incorporated by reference, which are used for soliciting statements of qualifications in accordance with procedures prescribed in R7-2-1101, R7-2-1106, R7-2-1108 or R7-2-1117.

111. 112. "Residual value" means the guaranteed minimum market value of the earth-moving, material-handling, road maintenance and construction equipment at the end of the life cycle of the equipment being procured, as determined by a guaranteed minimum value offered by the vendor or other parties in its bid.

112. 113. "Responsible bidder or offeror" means a person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.

113. 114. "Responsive bidder or offeror" means a person who submits a bid or proposal which conforms in all material respects to the invitation for bids or request for proposals.

114. 115. "Reverse auction" means a procurement method in which bidders are invited to bid on supplying specified materials over the Internet in a real-time competitive bidding event.

115. 116. "School district" has the meaning defined in A.R.S. § 15-101, whose authority is exercised by the governing board or its designee.

116. 117. "Services" means the furnishing of labor, time or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance. Services does not include employment agreements or collective bargaining agreements.

117. 118. "Shall" denotes the imperative.

118. 119. "Solicitation" means an invitation for bids, an invitation to submit technical offers, a request for proposals, a request for qualification, or any other invitation or request by which the school district invites a person to participate in a procurement.

119. 120. "Specification" means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing or preparing a material, service or construction item for delivery.

120. 121. "Specified professional services" means services of an architect, engineer, land surveyor, assayer, geologist and landscape architect and any combination of those services.

121. 122. "Standard commercial material" means material that, in the normal course of business, is customarily maintained in stock or readily available by a manufacturer, distributor or dealer for the marketing of such material.

122. 123. "Statement of qualifications" means a response to a request for qualifications issued pursuant to R7-2-1101, R7-2-1106, R7-2-1108 or R7-2-1117, or unsolicited qualifications submitted pursuant to R7-2-1062 or R7-2-1122, and does not include an offer to contract with the school district.

123. 124. "Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a school district.

124. 125. "Subconsultant" means any person, firm, partnership, corporation, association or other organization or a combination of any of them, that has a direct contract with a design professional or another subconsultant to perform a portion of the work under a design professional service contract.

125. 126. "Surplus materials" means any materials that no longer have any use to the school district or materials acquired from the United States government. This includes obsolete materials, scrap materials and nonexpendable materials that have completed their useful life.

126. 127. "Suspension" means an action taken by the governing board under R7-2-1168 temporarily disqualifying a person from participating in school district procurements.

127. 128. "Technical offer" means unpriced written information from a prospective contractor stating the manner in which the prospective contractor intends to perform certain work, its qualifications and its terms and conditions.

128. 129. "Total life cycle cost" means total school district costs and financing costs throughout the life cycle of the earth-moving, material-handling, road maintenance and construction equipment being purchased less residual value.

129. 130. "Total school district costs" means costs to the school district for the earth-moving, material-handling, road maintenance and construction equipment, including repair costs, present value of monies, vendor charges, and all other identifiable school district costs that may be incurred.

130. 131. "Unit price" means the price published in the unit price book for a specific construction or construction related task. Each unit price is comprised of labor, equipment, or material costs to accomplish a specific task, and shall be defined in the contract.

131. 132. "Unit price book" means a comprehensive listing of specific construction related tasks together with a specific unit of measurement and a unit price.

132. 133. "Vendor charges" means the costs of all vendor support, materials, transportation, and all other identifiable costs associated with the vendor's proposal or bid.

133. 134. "Vendor support" means services provided by the vendor for items such as consulting, education and training.

134. 135. "Wastepaper" means recyclable paper and paperboard, including high-grade office paper, computer paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and corrugated paper.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020. Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1002 Applicability

A. Articles 10 and 11 apply to every expenditure of public monies, including federal assistance monies and grants, by a school district as specified in A.R.S. § 15-213(A) for the procurement of all construction, materials and services when the total procurement cost exceeds the aggregate dollar amount specified in A.R.S. § 41-2535(A). If procurement involves the expenditure of federal assistance or contract monies, the school district shall comply with federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in Articles 10 and 11.

B. Articles 10 and 11 apply to the disposal of school district materials regardless of value.

C. Nothing in Articles 10 and 11 shall prevent any governing board from complying with the terms and conditions of any grant, gift, bequest or cooperative agreement.

D. C. Articles 10 and 11 do not apply to:

Agreements for providing career and technological education and vocational education pursuant to A.R.S. § 15-789;

2. Contracts between a school district and other governments, including intergovernmental agreements and contracts pursuant to A.R.S. § 11-952, except as provided by R7-2-1191 through R7-2-1196 . This exemption also includes the purchase of a fee or license from a local, state or federal public entity required by law to collect said fees;

3. Purchases for amounts not exceeding the aggregate dollar amount specified in A.R.S. § 41-2535(A). Such procurements shall comply with the guidelines prescribed by the Auditor General in the Uniform System of Financial Records pursuant to A.R.S. § 15-271;

4. Contracts for professional witnesses if the purpose of such contracts is to provide for professional services or testimony relating to an existing or probable judicial or administrative proceeding in which the school district is or may become a party;

5. Agreements negotiated by legal counsel representing the school district in settlement of litigation or threatened litigation;

6. Expenditures from student activity monies as defined in A.R.S. § 15-1121, if no district funds are involved;

7. Expenditures for governing board adopted textbooks as defined in A.R.S. § 15-721 and A.R.S. § 15-722, if purchased from the publisher;

The placement of a pupil in a private school that provides special education services if such placement is prescribed in the pupil's individualized education program and the private school has been approved by the Department of Education Division of Special Education pursuant to A.R.S. § 15-765;

9. Purchases of any products, materials and services directly from certified nonprofit agencies that serve individuals with disabilities as defined in A.R.S. § 41-2636, and Arizona Correctional Industries if the delivery and quality of the products, materials or services meet the school district's reasonable requirements;

10. The decision to participate in programs pursuant to A.R.S. § 15-382. A program authorized by A.R.S. § 15-382 is not required to engage in competitive bidding for the services necessary to administer the program or for the purchase of insurance or reinsurance;

11. The purchase of water, gas or electric utilities from a public service corporation. This exemption expressly does not apply to guaranteed energy cost savings contracts and guaranteed energy production contracts subject to A.R.S. § 15-213.01 and A.R.S. § 15-213.03;

12. Purchases of professional certifications, professional memberships, conference registrations, conference hotels and airfare that meets Arizona Department of Administration General Travel Principles and Policies;

Purchases, sales or leases of real estate. This exemption expressly does not apply to the services of a real estate broker as defined in A.R.S. § 32-2101;

14. Purchases of surplus property from the state or United States Federal Government in accordance with R7-2-1132 ;

15. Purchases in compliance with the terms and conditions of any grant, gift, bequest or cooperative agreement; and

16. The cost of special elections, including the preparation of ballots in accordance with A.R.S. § 15-406.

E. D. Unless displaced by the particular provisions of Articles 10 and 11, the principles of law and equity, including the Uniform Commercial Code of this state, the common law of contracts as applied in this state and law relative to agency, fraud, misrepresentation, duress, coercion, and mistake supplement the provisions of Articles 10 and 11.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective March 6, 1997 (Supp. 97-1). Amended effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 32 A.A.R. 1491, effective 10/28/2013. Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1003 General Provisions

A. The school district shall not award a contract or incur an obligation on behalf of the school district unless it is reasonable to believe sufficient funds will be available for the procurement. If sufficient funds are not available when a solicitation is issued, the solicitation shall include a statement that funds are not currently available and that any contract awarded will be conditioned upon the availability of funds.

B. Projects and purchases shall not be divided or sequenced into separate projects or purchases in order to avoid the limits prescribed in Articles 10 and 11.

B. C. Any bid or proposal that is conditioned upon award to the bidder or offeror of both the particular contract being solicited and another school district contract shall be deemed nonresponsive or unacceptable.

C. D. Except by mutual consent of the parties to the contract, rules in Articles 10 and 11 shall not change any commitment, right or obligation of a school district or of a contractor under a contract in existence on the effective date of the rule.

E. If a contractor requests to change the name in which it holds a school district contract, the school district may, upon receipt of a document indicating the name change, enter into a contract modification with the contractor to effect the name change. The contract modification shall provide that no other terms and conditions of the contract are changed.

F. The school district may allow electronic media transactions, including an electronic record or electronic signature, if consistent with state law and advantageous to the school district.

D. G. Rights and duties arising from a school district contract may only be transferred, waived or assigned upon the express written consent of both parties.

E. H. School district employees and public officers shall not purchase construction, materials or services for their own personal or business use from contracts entered into by the school district.

I. A person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or who supervises or participates in the planning, recommending, selecting or contracting for materials, services, goods, construction, or construction services of a school district or school purchasing cooperative is subject to the penalties prescribed in A.R.S. § 15-213(N) if the person solicits, accepts or agrees to accept any personal gift or benefit from a person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with a school district or school purchasing cooperative.

J. Any person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with a school district or school purchasing cooperative that offers, confers or agrees to confer any personal gift or benefit on a person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or on a person who supervises or participates in planning, recommending, selecting or contracting for materials, services, goods, construction or construction services of a school district or school purchasing cooperative is subject to the penalties prescribed in A.R.S. § 15-213(O).

F. If a contractor requests to change the name in which it holds a school district contract, the school district may, upon receipt of a document indicating the name change, enter into a contract modification with the contractor to effect the name change. The contract modification shall provide that no other terms and conditions of the contract are changed.

G. The school district may allow electronic media transactions, including an electronic record or electronic signature, if consistent with state law and advantageous to the school district.

h. K. A person who serves on an evaluation committee for a procurement is subject to A.R.S. § 41-2616(C).

I. Projects and purchases shall not be divided or sequenced into separate projects or purchases in order to avoid the limits prescribed in Articles 10 and 11.

J. L. A person who contracts for or purchases materials, services, goods, construction or construction services shall be subject to the penalties prescribed in A.R.S. § 15-213 and A.R.S. § 41-2616 for violations of and attempts to avoid Articles 10 and 11.

K. M. Pursuant to A.R.S. § 15-213 and A.R.S. Title 41, Chapter 23, the Attorney General shall enforce the provisions of Articles 10 and 11 and may take action prescribed therein.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final rulemaking at 24 A.A.R. 3283, effective 10/22/2018. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1004 Written Determinations

A. Written determinations required by Articles 10 and 11, including for any specified professional services, construction, construction services or materials to an entity selected from a qualified select bidders list or through a school purchasing cooperative, shall specify the reasons for the determination, including how the determination was made.

B. The school district is authorized to prescribe methods and operational procedures to be used in preparing written determinations.

C. The school district shall place the written determination into the school district's procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final rulemaking at 24 A.A.R. 3283, effective 10/22/2018.

Ariz. Admin. Code § R7-2-1005 Change Orders and Contract Modifications

Any change order or contract modification that exceeds $100,000 or five percent, whichever is greater, may be executed only if the governing board determines in writing that the change order or contract modification is advantageous to the school district and the price is determined to be fair and reasonable.

A. If a person believes that a bid, proposal, offer, specification, or protest contains trade secrets or other proprietary data that should remain confidential and should not be disclosed as otherwise required by A.R.S. § 39-121, a statement advising the school district of this fact shall accompany the submission and the information shall be so identified wherever it appears.

B. The information identified by the person as confidential shall not be disclosed until the school district makes a determination, as provided in subsection (C) of this Section.

C. The school district shall review the statement and information and shall determine prior to the contract award, whether the information shall be withheld.

D. If the school district determines to disclose the information, the school district shall inform the bidder in writing of such determination.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1006 Confidential Information

A. If a person believes that a bid, proposal, response to a request for information, technical offer, statement of qualifications, specification, or protest contains confidential trade secrets or other proprietary data not to be disclosed as otherwise required by A.R.S. § 39-121, a statement advising the school district of this fact shall accompany the submission and the information shall be so identified wherever it appears. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a determination is made under subsection (C), the school district shall not disclose information designated as confidential under subsection (A) except to school district personnel having a legitimate interest in, or persons assisting the school district in evaluation of, the bid, proposal, response to a request for information, technical offer, statement of qualifications, specification, or protest.

1. The title of the employee or employees of the school district to whom authority is delegated;

2. The activity or function authorized;

3. Any limits or restrictions on the exercise of the delegated authority, including the maximum total cost of any procurement;

4. Whether the authority may be further delegated;

5. The duration of the delegation; and

6. The conditions and procedures for revocation and modification of the delegation.

C. Upon receipt of a submission designating information as confidential, the school district shall make one of the following written determinations:

1. The designated information is confidential and the school district shall not disclose the information except to school district personnel having a legitimate interest in, or persons assisting the school district in evaluation of, the bid, proposal, response to a request for information, technical offer, statement of qualifications, specification, or protest.

2. The designated information is not confidential.

D. The school district may request additional information, if necessary to make the determination required by subsection (C).

E. If the school district determines that information submitted is not confidential, the person who made the submission shall be notified in writing. The notice shall specify that a request for review of the district representative's determination may be filed within 10 days of the date of the district representative's determination.

F. A request for review of the district representative's determination shall be filed in writing with the district representative. The request for review shall state the precise legal or factual errors in the district representative's decision. If a request for review is received:

1. The district representative shall consider the alleged legal or factual errors in the request for review of the district representative's determination and issue a final written determination to the person filing the request.

2. Until the final determination is made under subsection (C)(2), the school district shall not disclose information designated as confidential under subsection (A) except to school district personnel having a legitimate interest in, or persons assisting the school district in evaluation of, the bid, proposal, response to a request for information, technical offer, statement of qualifications, specification, or protest.

G. The school district may release information determined to not be confidential under subsection (C)(2) if:

1. A request for review is not received by the district representative within the time period specified in the notice; or

2. The district representative issues a final written determination under subsection (F)(1) that the designated information is not confidential.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1007 Delegation of Procurement Authority

A. The governing board may, in a public meeting held in conformity with A.R.S. Title 38, Chapter 3, Article 3.1, delegate procurement authority to a designee. Any delegation shall be accomplished by adopting a governing board policy for this purpose.

1. Delegated procurement authority may include, but is not limited to the following:

a. Authority to make determinations required by Articles 10 and 11;

b. Authority to award contracts;

c. Authority to make sole source and emergency procurements; and

d. Authority to approve change orders and contract modifications.

2. Delegated activities and functions shall be adequately separated among individuals so that one individual does not have complete authority over an entire procurement.

B. Any delegation shall specify:

1. The title of the school district employee or employees to whom authority is delegated;

2. The activity or function authorized;

3. Any limits or restrictions on the exercise of the delegated authority, including the maximum cost of any procurement;

4. Whether the authority may be further delegated;

5. The duration of the delegation; and

6. The conditions and procedures for revocation and modification of the delegation.

C. No person delegated such authority may participate in any aspect of a specific procurement if the person would receive any benefit directly or indirectly from a contract for such procurement. Violation of this prohibition may result in termination or other disciplinary action.

D. Delegation of procurement authority does not abrogate the responsibility of the governing board to ensure compliance with Articles 10 and 11 notwithstanding the fact that school district personnel were authorized to make procurement decisions.

E. The school district shall not delegate to a procurement advisor the authority for the award or administration of any particular contract, or over any dispute, claim or litigation pertaining thereto.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1008 Procurement Consultants and Procurement Advisory Groups

A. The school district may contract with a procurement consultant to assist in drafting specifications, in the development of solicitations, or in the management of the procurement process. A procurement consultant may provide guidance or advice to a procurement evaluation committee, but shall not serve as a voting member of such committee. For the purposes of this Section, a school district employee or a contracted business manager or purchasing director for the school district is not a procurement consultant.

B. The school district may appoint procurement advisory groups or evaluation committees to assist with respect to specifications, solicitation evaluations or procurement in specific areas. Members of such procurement advisory groups or evaluation committees are not procurement consultants as set forth in this Section. Non-school district employees serving on such procurement advisory groups or evaluation committees are not eligible to receive compensation but are eligible for reimbursement of expenses consistent with the school district's travel policy adopted pursuant to A.R.S. § 15-342(5).

C. A procurement consultant, a member of a procurement advisory group, or a member of an evaluation committee who participates in any aspect of a specific procurement shall be prohibited from receiving any benefit directly or indirectly from a contract for such procurement, and shall sign a procurement disclosure statement that the person has no interest in the procurement other than that of a disclosed remote interest, as defined in A.R.S. § 38-502, will have no contact with any representative of a competing vendor related to the particular procurement except those contacts specifically authorized by these rules, and has not accepted any personal gift or benefit from a person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with the school district or school purchasing cooperative. The procurement disclosure statements shall be retained in the procurement file.

D. Specifications prepared by a procurement consultant or a procurement advisory group shall comply with R7-2-1010 through R7-2-1016.

E. The school district shall not delegate to a procurement consultant, a procurement advisory group, or an evaluation committee the authority for the award or administration of any particular contract, or over any dispute, claim or litigation pertaining thereto, and a procurement consultant or a procurement advisory group shall not be authorized to obligate the school district in any manner.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1009 [REPEALED]

History

• Adopted effective December 17, 1987 (Supp. 87-4). Repealed by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Part II SPECIFICATIONS

Ariz. Admin. Code § R7-2-1010 Preparation of Specifications

A. Specifications shall be prepared only by the school district or by contract pursuant to R7-2-1014 and R7-2-1015 . Regardless of who prepares the specifications, the governing board retains the authority to disapprove all specifications.

B. In an emergency under R7-2-1055, any necessary specifications may be utilized by the person designated in R7-2-1055(C) without regard to the provisions of this Section.

C. Content of specifications.

1. A specification may provide alternate descriptions of materials, services, or construction items where two or more design, functional, or performance criteria will satisfactorily meet the school district's requirements.

2. To the extent practicable, a specification shall not include any solicitation term or condition or any contract term or condition.

3. If a specification for a common or general use item has been developed in accordance with R7-2-1011(A) or a qualified products list has been developed in accordance with R7-2-1011(D) for a particular material, service, or construction item, it shall be used unless the school district makes a written determination that its use is not advantageous to the school district and that another specification shall be used.

4. To the extent practicable, specifications shall emphasize functional or performance criteria. To facilitate the use of such criteria, the school district shall use reasonable efforts to include the principle functional or performance requirements as a part of their purchase requisitions.

5. All procurement solicitations for volatile organic compound containing commodities shall include a request for substitute commodities with lower or no volatile organic content. Substitute products shall not have increased toxicity compared to the original commodity.

History

• Adopted effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1011 Types of Specifications

A. Specification for common or general use items. To the extent practicable, a specification for common or general use item shall be prepared and utilized when:

1. A material, service or construction item is used repeatedly by the school district, and the characteristics of the material, service, or construction item, as commercially produced or provided, remain relatively stable while the frequency or volume of procurements is significant;

2. The school district's recurring needs require uniquely designed or specially produced items; or

3. The school district finds it to be advantageous to the school district.

B. Brand name or equal specification. A brand name or equal specification may be used when the school district determines that use of a brand name or equal specification is advantageous to the school district.

C. Brand name specification. A brand name specification may be prepared and utilized only if the school district makes a determination that only the identified brand name item will satisfy the school district's needs. If only one source can supply the requirement, the procurement shall be made pursuant to R7-2-1053.

D. Qualified products list. A qualified products list may be prepared and utilized when:

1. The school district determines that testing or examination of the materials or construction items prior to issuance of the solicitation is desirable or necessary in order to best satisfy the school district's requirements.

The school district shall solicit as many potential suppliers as practicable to submit products for testing and examination to determine acceptability for inclusion on a qualified products list. Any potential supplier, even though not solicited, may offer its products for consideration in accordance with the schedule or procedure established for this purpose. The qualified products list shall not be modified after the solicitation is issued.

3. Inclusion on a qualified products list shall be based on results of tests or examinations conducted in accordance with requirements established by the school district.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1012 Proprietary Specifications

The school district shall not use specifications in any way proprietary to one supplier unless the specification includes a statement of the reasons why no other specification is practicable, a description of the essential characteristics of the specified product and a statement specifically permitting an acceptable alternative product to be supplied.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1013 Recycled Products Use

A. If the price of a recycled paper product that conforms to specifications is within five percent of a low bid product that is not recycled and the recycled product bidder is otherwise the lowest responsible and responsive bidder, the award shall be made to the bidder offering the recycled product. The governing board may adopt rules requiring a five percent preference for other products made from recycled materials.

B. Specifications shall emphasize functional or performance criteria which, to the extent practicable, do not discriminate against the use of recycled materials.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1014 Maximum Practicable Competition

A. Procurement of any materials, services, goods, construction or construction services pursuant to Article 10 or Article 11, shall seek to achieve maximum practicable competition.

A B. All specifications, including those prepared by architects, engineers, consultants and others for public contracts, shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the school district's needs and shall not be unduly restrictive.

B C. Unless otherwise permitted by R7-2-1010 through R7-2-1016, all specifications shall describe the school district's requirements in a manner that does not unreasonably exclude a material, service, or construction item. Proprietary specifications shall be used only as provided in R7-2-1012.

C D. To the extent practicable, the school district shall use accepted commercial specifications and shall procure standard commercial materials.

D E. Contracts for the preparation of specifications by persons other than the school district shall require the specification writer to adhere to R7-2-1010 through R7-2-1016.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final rulemaking at 24 A.A.R. 3283, effective 10/22/2018.

Ariz. Admin. Code § R7-2-1015 Conflict of Interest

A. No person preparing specifications pursuant to R7-2-1014 shall receive any direct or indirect benefit from the utilization of such specifications.

B. The governing board may contract for the preparation of specifications with persons, including, but not limited to, consultants, architects, engineers, designers, and other draftsmen of specifications.

C. If a person prepares a specification pursuant to subsection (B) of this Section, such person shall comply with the requirements of R7-2-1010 through R7-2-1016.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1016 Confidentiality

A. Specifications and any written determination or other document generated or used in the development of a specification shall be available for public inspection pursuant to A.R.S. § 39-121, except to the extent that the withholding of such information is permitted or required by law.

B. If the supplier believes that the specifications contain confidential trade secrets, test data, or similar information, a statement advising the school district of this fact shall accompany the specification in accordance with R7-2-1006.

C. Qualified products lists test results shall be made available in a manner to protect the identity of the supplier.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1017 Reserved

Part III REVERSE AUCTIONS

Ariz. Admin. Code § R7-2-1018 Reverse Auctions

A. Using reverse auctions

1. If a governing board determines in writing that use of reverse auctions is more advantageous to the school district than other procurement methods prescribed by Articles 10 and 11, the school district may use reverse auctions for the purchase of materials.

2. The written determination shall include, but is not limited to the following information:

a. An estimate of the number of prospective bidders;

b. An explanation of how reverse auctions will foster competition;

c. An explanation of why reverse auctions is more advantageous to the school district than other prescribed procurement methods; and

d. The scope and estimated total dollar value of the proposed procurement.

B. Reverse auction procedures

1. The school district shall develop and implement procedures prior to conducting procurement via reverse auctions. The procedures shall include:

a. The method or methods to ensure the integrity and security of the reverse auctions;

b. The method or methods for registering bidders for reverse auctions;

c. The method or methods for notifying vendors of reverse auction opportunities;

d. The method or methods for receiving reverse auction bids; and

e. The school district official or officials authorized to conduct reverse auctions.

2. School districts may require bidders to register before the date and time for opening the reverse auction for submission of bids and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the invitation for bids.

3. Notice of a reverse auction shall be issued at least 14 days before the date and time for opening the reverse auction for submission of bids, unless a shorter time is determined necessary by the school district. If a shorter time is necessary, the school district shall document the specific reasons in the procurement file. The reverse auction notice shall include:

a. The school district's requirements for registering prior to the opening date and time, if any;

b. The designated site on the Internet for bidder registration and bid submission;

c. A link to the designated site on the Internet;

d. The scheduled date and time for opening the reverse auction for bid submission; and

e. The scheduled date and time for closing the reverse auction for bid submission.

4. The school district shall issue the notice of reverse auction as follows:

a. Mail or otherwise furnish the notice of reverse auctions to all prospective bidders registered with the school district for the specific material being solicited.

b. Notice of reverse auction shall be given by the school district pursuant to R7-2-1022.

c. In addition to the notice provided in subsections (a) and (b), the school district may give such additional notice as the school district deems appropriate, including posting on a designated site on the Internet.

5. The school district shall prepare an invitation for bids that includes:

a. Notice that all information submitted by bidders will be made available for public inspection following the award of the contract, except for bid prices which will be made available to other bidders and the public when submitted by the bidder;

b. Information for submitting bids, including:

i. The date and time for opening the reverse auction for bid submission;

ii. The date and time for closing the reverse auction for bid submission;

iii. The provisions for extending the period for bid submission, if any;

iv. Instructions for submitting bids and other required information, including the designated site on the Internet for submitting bids;

v. Notice that bids shall be accepted electronically at the time and in the manner designated in the invitation for bids;

vi. Notice that bidders' prices shall be disclosed electronically to other bidders and the public on a real time basis;

vii. Notice that bidders may submit multiple prices and may reduce their bid prices until the reverse auction bidding is closed;

viii. Notice that the lowest price offered shall become the official bid price;

ix. Notice that the bidder is required to certify that submission of the bid did not involve collusion or other anticompetitive practices;

x. Notice that the bidder is required to declare whether the bidder has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body;

c. The purchase description, specifications, delivery or performance schedule, and inspection and acceptance requirements, as applicable. If a brand name or equal specification is used, instructions that use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics needed to meet the school district's requirements and is not intended to limit or restrict competition. The invitation for bids shall state that products substantially equivalent to the brands designated qualify for consideration;

d. The factors to be used in bid evaluations, including criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Only objectively measurable evaluation criteria shall be included in the invitation for bids. Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership cost and other identifiable costs. Evaluation factors need not be precise predictors, but to the extent possible the evaluation factors shall be reasonable estimates based upon information the school district has available concerning future use.

e. The contract terms and conditions, including:

i. Warranty and bonding or other security requirements, as applicable;

ii. The length of the contract and whether the contract will include an option for extension; and

iii. Any other contract terms and conditions;

f. The name of the district representative or district representatives;

g. The manner by which the bidder is required to acknowledge amendments;

h. The minimum required information in the bid;

i. The specific requirements for designating trade secrets and other proprietary data as confidential;

j. Any specific responsibility criteria;

k. A statement specifying where documents incorporated by reference may be obtained;

l. A statement that the school district may cancel the solicitation or reject a bid in whole or in part if deemed advantageous to the school district;

m. The date, time and location of bid opening;

n. A description of all information that will be recorded and available for public inspection at bid opening; and

o. Procurement of earth-moving, material-handling, road maintenance and construction equipment shall include as price evaluation criteria the total life cycle cost including residual value of the earth-moving, material-handling, road maintenance and construction equipment and, to the extent practicable, outright purchase.

6. Amendments to invitations for bids shall be made in accordance with R7-2-1026.

C. The school district shall accept reverse auction bids as follows:

1. At the date and time for opening the reverse auction for bid submission, the school district shall begin accepting on-line bids and shall continue accepting bids until the reverse auction is officially closed.

2. Bids shall be accepted electronically in the manner designated in the invitation for bids.

3. All reverse auction on-line bids shall be posted electronically and updated on a real-time basis. Bidders' prices shall be disclosed to other bidders and the public.

4. The identity of competing bidders shall not be disclosed until the reverse auction bidding is closed.

5. Bidders shall have the opportunity to submit multiple prices and to reduce their bid prices.

6. The lowest price offered shall become the official bid price.

D. Bids made through a reverse auction are considered to be opened when a computer generated record of the information contained in all bids that were received by the designated site on the Internet not later than the scheduled or final closing date and time are reviewed publicly by the school district in the presence of one or more witnesses at the time and place designated in the invitation for bids. Bid opening shall not be later than 24 hours after the scheduled or final closing date and time.

E. The contract shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and evaluation criteria set forth in the invitation for bids. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

F. The school district shall not modify evaluation criteria after the closing date and time.

G. In the event that multiple bidders submit identical prices for the same materials, bids will be considered in the order received with the first being considered to be the lowest bid.

H. If only one bid is received in response to an invitation for bids, the school district shall proceed according to R7-2-1032.

I. The date and time for closing a reverse auction for bid submission may be fixed or remain open depending on the materials being bid.

J. After the reverse auction bidding has closed, a bidder may withdraw a bid or correct a mistake in accordance with R7-2-1030 . Withdrawal of bids shall also be permitted as provided in R7-2-1028.

K. The school district shall notify all bidders of an award.

L. A copy of the invitation for bids shall be made available for public inspection at the school district office.

M. A record of the bid prices received and the name of each bidder shall be open to public inspection following bid opening.

N. A record of the reverse auction shall be maintained by the school district that will include all prices offered by all bidders. This record will become part of the procurement file.

O. Within 10 days after a contract is awarded, the school district shall make the procurement file, including all bids, available for public inspection.

1. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

2. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1019 Reserved

Ariz. Admin. Code § R7-2-1020 Reserved

Part IV COMPETITIVE SEALED BIDDING

Ariz. Admin. Code § R7-2-1021 Method of Source Selection

Unless otherwise authorized by law, or as specified in A.R.S. § 15-213(A)(1) exempting the requirement to competitively bid the decision to participate in programs pursuant to A.R.S. § 15-382 for purchase of health and accident insurance and related employee benefits when such programs comply with bidding requirements for the subsequent purchase of reinsurance or the joint purchase of insurance or reinsurance, all school district contracts shall be awarded by competitive sealed bidding as provided in Sections R7-2-1021 through R7-2-1032, except as provided in Sections R7-2-1041 through R7-2-1068 and Sections R7-2-1117 through R7-2-1125 .

A. Unless otherwise authorized by law, all school district contracts shall be awarded by competitive sealed bidding as provided in R7-2-1021 through R7-2-1032, except as provided in R7-2-1018, R7-2-1033 through R7-2-1068, R7-2-1100 through R7-2-1123, and R7-2-1196.

B. A school district may conduct competitive sealed bidding electronically, provided that the electronic competitive sealed bidding process complies with the requirements of R7-2-1021 through R7-2-1032 . A determination that conducting competitive sealed bidding electronically is advantageous to the school district shall be in writing and retained in the procurement file.

C. When using electronic competitive sealed bidding, the school district shall determine whether electronic submission of bids is required or optional and state the electronic submission requirements in the public notice and the invitation for bids.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1022 Notice of Competitive Sealed Bidding

A. Adequate public notice of the invitation for bids shall be given as provided in R7-2-1024 . Notice also may be given as provided in subsection (B). In the event there are four or fewer prospective bidders on the bidders list, then notice also shall be given as provided in subsection (B). If the invitation for bids is for the procurement of services other than those described in R7-2-1061 through R7-2-1068 and R7-2-1100 through R7-2-1123, notice also shall be given as provided in subsection (B).

B. If required by subsection A, the notice shall include publication in the official newspaper of the county, within which the school district is located, as prescribed in A.R.S. § 11-255 The publication, shall occur in a reasonable time before bid opening, which shall not be less than 14 days before bid opening. The time of publication may be altered if deemed necessary pursuant to R7-2-1024(A).

C. In addition to the notice provided in subsections (A) and (B), the school district may give such additional notice as the school district deems appropriate, including posting on a designated site on the Internet.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1023 Prospective Bidders Lists

A. The school district shall compile and maintain a prospective bidders list. Inclusion of the name of a person shall not indicate whether the person is responsible concerning a particular procurement or otherwise capable of successfully performing a school district contract.

B. Persons desiring to be included on the prospective bidders list shall notify the school district. Upon notification, the school district shall mail or otherwise provide the person with the school district procedures for inclusion on the bidders list. Within 30 days after receiving the required information, the school district shall add the person to the prospective bidders list unless the school district makes a determination that inclusion is not advantageous to the school district.

C. Persons who fail to respond to invitations for bids for two consecutive procurements of similar items may be removed from the applicable bidders list after notifying the person in writing. This notice shall not be required if the two invitations for bids which were not responded to both contained the notice that bidders' names may be removed from the bidders list if they fail to respond to invitations for bids for two consecutive procurements of similar items. Persons may be reinstated upon request.

D. Prospective bidders lists shall be available for public inspection, unless the school district makes a written determination that it is advantageous to the school district that they be kept confidential or private and should not be open for inspection pursuant to A.R.S. § 39-121.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1024 Invitation for Bids

A. Invitation for bids shall be issued at least 14 days before the due date and time in the invitation for bids unless a shorter time is deemed necessary for a particular procurement as determined by the school district. If a shorter time is necessary, the school district shall document the specific reasons in the procurement file.

B. Content.

1. The invitation for bids shall include the following:

a. Notice that all information and bids submitted by bidders will be made available for public inspection following the award of the contract;

b. Instructions and information to bidders concerning bid submission requirements, including the means for bid submission such as, hand delivery, U.S. mail, electronic mail, facsimile, or other acceptable means, the bid due date and time, the address of the office at which bids or other documents are to be received, the bid acceptance period, and any other special information or requirements;

c. Whether the school district will consider partial bids for award of a contract;

d. Notification of whether the school district may award multiple contracts and the school district's basis for determining whether to award multiple contracts. If multiple contracts may be awarded, the invitation for bids shall include the criteria the school district will use for selecting vendors for each contract under the multiple award, including, as applicable, whether contracts will be awarded by individual line items, groups of line items, or categories, whether contracts will be awarded incrementally, and whether contracts will be awarded by designated regions or locations;

e. The basis for determining the lowest bidder or bidders;

f. Procurement of earth-moving, material-handling, road maintenance and construction equipment shall include as price evaluation criteria the total life cycle cost including residual value of the earth-moving, material-handling, road maintenance and construction equipment and, to the extent practicable, the cost of outright purchase;

g. The purchase description, specifications, delivery or performance schedule, and inspection and acceptance requirements, as applicable. If a brand name or equal specification is used, instructions that use of a brand name is for the purpose of describing the standard of quality, performance, and other characteristics needed to meet the school district's requirements and is not intended to limit or restrict competition. The invitation for bids shall state that products substantially equivalent to the brands designated qualify for consideration;

h. The factors to be used in bid evaluations, including criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Only objectively measurable evaluation criteria shall be included in the invitation for bids. Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership cost and other identifiable costs. Evaluation factors need not be precise predictors, but to the extent possible the evaluation factors shall be reasonable estimates based upon information the school district has available concerning future use;

i. The contract terms and conditions, including:

i. Warranty and bonding or other security requirements, as applicable;

ii. The length of the contract and whether the contract will include an option for extension; and

iii. Any other contract terms and conditions;

j. The name of the district representative or district representatives;

k. The manner by which the bidder is required to acknowledge amendments;

l. The minimum information required in the bid;

m. The specific requirements for designating trade secrets and other proprietary data as confidential;

n. Any specific responsibility criteria;

o. A statement specifying where documents incorporated by reference may be obtained;

p. A statement that the school district may cancel the solicitation or reject a bid in whole or in part if deemed advantageous to the school district;

q. Notice that the bidder is required to certify that submission of the bid did not involve collusion or other anticompetitive practices and that the bidder has taken steps and exercised due diligence to ensure that no violation of A.R.S. § 15-213(O) has occurred;

r. Notice that the bidder is required to declare whether the bidder has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body;

s. Any bid security required;

t. A description of all information that will be recorded and available for public inspection at bid opening; and

u. The date, time and location of any pre-bid conference.

2. When using electronic competitive sealed bidding, the invitation for bids shall specify whether electronic submission of bids is required or optional, the electronic submission requirements, and the electronic signature requirements.

C. The school district shall mail or otherwise furnish invitation for bids or notices of the availability of invitation for bids to all prospective bidders registered with the school district for the specific material, service or construction being bid.

D. A copy of the invitation for bids shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1025 Pre-bid Conferences

A. The school district may conduct a pre-bid conference to explain the procurement requirements.

B. If a pre-bid conference is conducted, it shall be not less than seven days before the bid due date and time, unless the school district makes a written determination that the specific needs of the procurement justify a shorter time. Statements made during a pre-bid conference are not amendments to the solicitation.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1026 Amendments to Invitation for Bids

A. An amendment to an invitation for bids shall be issued if necessary to:

1. Make changes in the invitation for bids;

2. Correct defects or ambiguities;

3. Furnish to other bidders information given to one bidder if the information will assist the other bidders in submitting bids or if the lack of the information will prejudice the other bidders;

4. Provide additional information or instructions; or

Set a later bid due date and time if the school district determines that an extension is advantageous to the school district.

B. Amendments to an invitation for bids shall be so identified and the school district shall ensure that the amendments are distributed or made available to all persons to whom the original invitation for bids was distributed or made available. The school district shall make a copy of the amendments to an invitation for bids available for public inspection at the school district office. If the school district posted the invitation for bids or a notice of the availability of an invitation for bids on a designated site on the Internet, then the school district shall post any amendments to the invitation for bids on the same designated site on the Internet. The school district shall also do one or more of the following:

1. Distribute the amendment, by any method reasonably calculated to ensure delivery, to all prospective bidders to whom the invitation for bids was distributed;

2. Make the amendment available and issue a notice of amendment which contains instructions for obtaining copies of the amendment. The notice of amendment shall be distributed, by any method reasonably calculated to ensure delivery, to all prospective bidders to whom the invitation for bids was distributed. Upon receipt of such notice of amendment, it is the responsibility of the prospective bidder to obtain the amendment.

C. Amendments to invitation for bids shall be issued within a reasonable time before bid opening to allow prospective bidders to consider them in preparing their bids. If the school district determines that the bid due date and time does not permit sufficient time for bid preparation, the bid due date and time shall be extended in the amendment or, if necessary, by telephone, facsimile, email, or other communications methods, and confirmed in the amendment.

D. A bidder shall acknowledge receipt of an amendment in the manner specified in the invitation for bids or the amendment on or before the bid due date and time.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1027 Pre-opening Modification or Withdrawal of Bids

A. A bidder may modify or withdraw a bid in writing at any time before bid opening if the modification or withdrawal is received before the bid due date and time at the location designated in the invitation for bids for receipt of bids.

B. All documents concerning a modification or withdrawal of a bid shall be retained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1028 Late Bids, Late Withdrawals and Late Modifications

A. A bid, modification or withdrawal is late if it is received at the location designated in the invitation for bids for receipt of bids after the bid due date and time.

B. A late bid, late modification, or late withdrawal shall be rejected, unless the late bid, late modification, or late withdrawal would have been timely received but for the action or inaction of school district personnel and is received before contract award.

C. Upon receiving a late bid, late modification, or late withdrawal, the school district shall record the time and date of receipt and promptly send written notice of late receipt to the bidder. The school district may discard the document 30 days after the date on the notice unless the bidder requests and provides funding for the document to be returned.

D. All documents concerning acceptance of a late bid, late modification, or late withdrawal shall be retained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1029 Receipt, Opening and Recording of Bids

A. A school district shall maintain a record of bids and modifications received for each invitation for bids, shall record the time and date when each bid or modification is received, and shall store each unopened bid or modification in a secure place until the bid due date and time.

1. If required to confirm a vendor's inquiry regarding receipt of its bid prior to the due date and time, a school district may open a bid to identify the vendor. If this occurs, the school district shall record the reason for opening the bid, the date and time the bid was opened, and the solicitation number. The school district shall secure the bid and retain it for public opening.

2. One or more witnesses shall be present for the opening of a bid under subsection (A)(1).

B. Bids and modifications shall be opened publicly at the date, time and place designated in the invitation for bids in the presence of one or more witnesses. The name of each bidder, the amount of each bid, and other relevant information deemed appropriate by the school district shall be recorded. The person opening the bids and all witnesses shall sign the record.

1. The record created in subsection (B) shall be available for public inspection.

2. The bids shall not be open for public inspection until after a contract is awarded.

C. After contract award, the bids shall be available for public inspection, except that any portion of a bid that was designated as confidential pursuant to R7-2-1005 shall remain confidential from and after the time of bid opening.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1030 Mistakes in Bids

A. If an apparent mistake in a bid, relevant to the award determination, is discovered after opening and before award, a school district shall contact the bidder for written confirmation of the bid. If the bidder fails to act, the bidder is considered nonresponsive and the school district shall place a written determination that the bidder is nonresponsive in the procurement file. The school district shall designate a time-frame within which the bidder shall either:

1. Confirm that no mistake was made and assert that the bid stands as submitted; or

2. Acknowledge that a mistake was made and include all of the following in a written response:

a. An explanation of the mistake and any other relevant information;

b. A request for correction including the corrected bid or a request for withdrawal; and

c. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

B. A bidder who discovers a mistake in its bid after bid opening and before award, may request correction or withdrawal in writing and shall include all of the following in the written request:

1. An explanation of the mistake and any other relevant information;

2. A request for correction including the corrected bid or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

A. C.After bid opening and before award, a bid mistake based on an error in judgment may not be corrected or withdrawn. Other bid mistakes may be corrected or withdrawn pursuant to subsections (D) through (F).

B. D.After bid opening and before award, the school district shall either waive minor informalities in a bid or allow the bidder to correct them if correction is advantageous to the school district.

C. E.After bid opening and before award, the bid may not be withdrawn and shall be corrected to the intended bid if a bid mistake and the intended bid are evident on the face of the bid.

D. F.After bid opening and before award, the school district may permit a bidder to withdraw a bid if:

1. A nonjudgmental mistake is evident on the face of the bid but the intended bid is not evident; or

2. The bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

E. Mistakes shall not be corrected after award of the contract except where the school district makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

F. G.If correction or withdrawal of a bid after bid opening is permitted or denied under subsections (D), (F) and (J), the school district shall prepare a written determination showing that the relief was permitted or denied under this Section.

G. H.Notwithstanding other provisions of this Section, after bid opening and before award, no corrections in bid prices or other provisions of bids prejudicial to the interest of the school district or fair competition shall be permitted.

I. If a mistake in the bid is discovered after the award, the bidder may request withdrawal or correction in writing and shall include all of the following in the written request:

1. An explanation of the mistake and any other relevant information;

2. A request for correction including the corrected bid or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

J. Based on the considerations of fair competition and the best interest of the school district, the school district may take one of the following actions regarding a bid mistake discovered after the award:

Allow correction of the mistake, if the corrected bid amount is less than the next lowest bid;

2. Cancel all or part of the award; or

3. Deny correction or withdrawal.

K. After cancellation of all or part of an award in accordance with subsection (J)(2), if the bid acceptance period has not expired, the school district may award all or part of the contract to the next lowest responsible and responsive bidder, based on the considerations of fair competition and the best interest of the school district.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1031 Bid Evaluation and Award

A. As provided in subsection (C), the contract or contracts shall be awarded to the lowest responsible and responsive bidder or bidders whose bid or bids conform in all material respects to the requirements and evaluation criteria set forth in the invitation for bids. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

B. A product acceptability evaluation shall be conducted solely to determine whether a bidder's product is acceptable as set forth in the invitation for bids and not whether one bidder's product is superior to another bidder's product. Any bidder's offering that does not meet the acceptability requirements shall be rejected as nonresponsive.

C. The school district shall award the contract to the single lowest responsible and responsive bidder for all materials or services, except that the school district may make a multiple award if the invitation for bids included notification that multiple contracts may be awarded, the school district's basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts.

D. Before making a multiple award, the school district shall determine in writing that a multiple award is necessary and is advantageous to the school district and shall establish procedures for the use of the multiple awarded contracts to ensure that purchases are made from the contracts determined by the school district to offer the lowest cost in satisfying the school district's requirements. A multiple award shall be limited to the least number of suppliers the school district determines in writing to be necessary to meet the school district's requirements, and may include the following types of awards:

1. Awards to the lowest responsible and responsive bidder for individual line items, groups of line items, or categories.

2. Awards to the lowest responsible and responsive bidders for similar or identical line items, groups of line items, or categories only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery, and the awards are limited to the least number of bidders necessary to meet the school district's requirements.

An incremental award only if the school district determines in writing that such an award is necessary to obtain the required quantity or delivery. The award shall be made to the lowest responsible and responsive bidder, then the next lowest responsible and responsive bidder or bidders until the total definite quantity required is awarded.

4. A regional award to the lowest responsible and responsive bidder in designated regions or locations only if the school district determines in writing that such an award is necessary to obtain the required quantity or delivery over widely scattered locations or a particular requirement is of a local nature.

E. The procurement file shall contain the basis on which the award or awards are made.

F. The school district shall not modify evaluation criteria after the bid due date and time.

G. A school district may appoint an evaluation committee to assist in the evaluation of bids. If bids are evaluated by an evaluation committee, the evaluation committee shall prepare an evaluation report for the school district. The school district may:

1. Accept the findings of the evaluation committee;

2. Request additional information from the evaluation committee; or

3. Reject the findings of the evaluation committee, in which case the school district shall appoint a new evaluation committee to evaluate the existing bids or cancel the solicitation.

H. The school district may contact a bidder to confirm the school district's understanding of the bid. Such contact shall be prior to award. The school district shall obtain written confirmation from the bidder and shall retain the confirmation in the procurement file.

I. The contract or contracts shall be awarded during the bid acceptance period. If the bid acceptance period expires prior to award of the contract or contracts, the procurement shall be canceled, unless the bid acceptance period is extended in accordance with subsection (J).

J. To extend the bid acceptance period, a school district shall notify all bidders in writing of an extension and request written concurrence from each bidder. To be eligible for a contract award, a bidder shall submit a written concurrence to the extension. The school district shall reject a bid as nonresponsive if written concurrence is not provided as requested.

K. A contract may not be awarded to a bidder submitting a higher quality item than that designated in the invitation for bids unless the bidder is also the lowest bidder as determined under subsection (A). This Section does not permit negotiations with any bidder, except as provided in subsection (L).

L. If all bids for a construction project exceed available monies as certified by the school district, and the lowest responsive bid from a responsible bidder does not exceed such monies by more than five percent, the school district may in situations in which time or economic considerations preclude resolicitation of work of a reduced scope, negotiate an adjustment of the bid price, including changes in the bid requirements, with the lowest responsible and responsive bidder, to bring the bid within the amount of available monies.

M. If there are two or more low responsive bids from responsible bidders that are identical in price and that meet all the requirements and criteria set forth in the invitation for bids, award shall be made by drawing lots in the presence of one or more witnesses.

N. A record showing the basis for determining the successful bidder shall be retained in the procurement file.

O. The school district shall notify all bidders of an award.

P. After a contract is awarded, the school district shall return any bid security provided by unsuccessful bidders.

Q. Upon execution of the contract, if performance and payment bonds were not required, or upon receipt of the specified bonds, if performance and payment bonds were required, the school district shall return any bid security provided by the successful bidder.

R. Within 10 days after a contract is awarded, the school district shall make the procurement file, including all bids, available for public inspection.

1. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

2. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1032 Only One Bid Received

If only one responsive bid is received in response to an invitation for bids, an award may be made to the single bidder if the school district determines in writing that the bidder is responsible, that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for resolicitation. Otherwise the bid may be rejected in whole or in part as may be specified in the invitation for bids if it is advantageous to the school district. The reasons for cancellation or rejection shall be made part of the procurement file and:

1. New bids may be solicited;

2. The proposed procurement may be canceled; or

If the school district determines that the need for the material or service continues and the acceptance of the one bid is not advantageous to the school district, the procurement may then be conducted as follows:

a. The school district may follow the sole source procurement procedure if R7-2-1053 applies.

b. Notwithstanding any other provision of Articles 10 and 11, the school district may make emergency procurements pursuant to R7-2-1055 and R7-2-1056 if an emergency condition exists pursuant to R7-2-1055.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1033 Simplified School Construction Procurement Program

A. The simplified school construction procurement program is applicable to construction projects which do not exceed the maximum amount specified in A.R.S. § 15-213(A)(2).

B. To participate in the simplified school construction procurement program:

1. Each county school superintendent shall maintain a prospective bidders list of persons who desire to receive solicitations to bid on school district construction projects within that county. The prospective bidders list shall be maintained in accordance with R7-2-1023 ;

2. The prospective bidders list maintained pursuant to subsection (B)(1) shall be available for public inspection;

3. A performance bond and a payment bond, as required by A.R.S. § 34-222, shall be provided for contracts for construction by contractors;

4. All bids for construction shall be opened at a public opening and the bids shall remain confidential until the public opening;

5. All persons desiring to submit bids shall be treated equitably and the information related to each project shall be available to all eligible persons; and

6. Competition for construction projects under the simplified school construction procurement program shall be encouraged to the maximum extent possible. School districts shall submit information on each project to all persons listed on the prospective bidders list maintained by the county school superintendent pursuant to subsection (B)(1).

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1034 Reserved

Part V MULTISTEP SEALED BIDDING

Ariz. Admin. Code § R7-2-1035 Multistep Sealed Bidding

A. The multistep sealed bidding method may be used if:

1. Available specifications or purchase descriptions are not sufficiently complete to permit full competition without technical evaluations and discussions to ensure mutual understanding between each bidder and the school district;

2. Definite criteria exist for evaluation of technical offers;

3. More than one technically qualified source is expected to be available; and

4. A fixed-price contract will be used.

B. The school district may hold a conference with bidders before submission or at any time during the evaluation of the unpriced technical offers.

C. B.The multistep sealed bidding method may not be used for construction contracts.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1036 Phase 1 of Multistep Sealed Bidding

A. Multistep sealed bidding shall be initiated by the issuance of an invitation to submit technical offers. The invitation to submit technical offers shall be issued according to R7-2-1022 and R7-2-1024(A).

B. The invitation to submit technical offers shall include the following information:

Notice that the procurement shall be conducted in two phases;

2. The best description of the material or services desired;

3. A statement that unpriced technical offers only shall be considered in phase 1;

4. The requirements for the technical offers, such as drawings and descriptive literature;

5. The criteria for evaluating technical offers;

6. The due date and time for receipt of technical offers and the location where technical offers shall be delivered or mailed;

7. A statement that discussions may be held;

8. A statement that only bids based on technical offers determined to be acceptable in phase 1 shall be considered for award;

9. The name of the district representative or district representatives;

10. Notice that all technical offers submitted will be made available for public inspection following the award of the contract; and

11. The date, time and location of any pre-technical offer conference.

C. A school district may conduct a pre-technical offer conference open to all persons. If a pre-technical offer conference is conducted, it shall be not less than seven days before the technical offer due date and time, unless the school district makes a written determination that the specific needs of the procurement justify a shorter time. Statements made during the pre-technical offer conference shall not be considered modifications to the invitation to submit technical offers.

C. D.The invitation to submit technical offers may be amended before or after the submission of the unpriced technical offers.

The amendment shall be so identified and distributed to those persons notified pursuant to R7-2-1023 and to other persons who requested the original invitation to submit technical offers, all of whom shall be permitted to submit new unpriced technical offers or to amend the offers already submitted. Amendments to an invitation to submit technical offers shall be so identified and the school district shall ensure that the amendments are distributed or made available to all persons to whom the original invitation to submit technical offers was distributed or made available. The school district shall make a copy of the amendments to an invitation to submit technical offers available for public inspection at the school district office. If the school district posted the invitation to submit technical offers or a notice of the availability of an invitation to submit technical offers on a designated site on the Internet, then the school district shall post any amendments to the invitation to submit technical offers on the same designated site on the Internet. The school district shall also do one or more of the following:

a. Distribute the amendment, by any method reasonably calculated to ensure delivery, to all persons to whom the invitation to submit technical offers was distributed;

b. Make the amendment available and issue a notice of amendment which contains instructions for obtaining copies of the amendment. The notice of amendment shall be distributed, by any method reasonably calculated to ensure delivery, to all persons to whom the invitation to submit technical offers was distributed. Upon receipt of such notice of amendment, it is the responsibility of the person to obtain the amendment.

Amendments shall be issued within a reasonable time before technical offer opening to allow persons to consider them in preparing their technical offers. If the school district determines that the technical offer due date and time does not permit sufficient time for technical offer preparation, the technical offer due date and time shall be extended in the amendment or, if necessary, telephone, facsimile, email, or other communications methods, and confirmed in the amendment.

3. A person shall acknowledge receipt of an amendment in the manner specified in the invitation to submit technical offers or the amendment on or before the technical offer due date and time.

D. E.Unpriced technical offers shall not be opened publicly, but shall be opened in the presence of two or more district officials designated by the school district. The contents of unpriced technical offers shall not be disclosed to unauthorized persons. Late technical offers shall not be considered except under the circumstances set forth in R7-2-1028(B) .

E. F.Unpriced technical offers shall be evaluated solely in accordance with the criteria set forth in the invitation to submit technical offers and shall be determined to be either acceptable for further consideration or unacceptable. A determination that an unpriced technical offer is unacceptable shall be in writing, state the basis for the determination and be retained in the procurement file. If the school district determines a person's unpriced technical offer is unacceptable, the school district shall notify that person of the determination and that the person shall not be afforded an opportunity to amend the technical offer.

F. G.The school district may conduct discussions with any person who submits an acceptable or potentially acceptable technical offer. During discussions, the school district shall not disclose any information derived from one unpriced technical offer to any other person. After discussions, the school district shall establish a due date and time for receipt of final technical offers and shall notify, in writing, persons submitting acceptable or potentially acceptable technical offers of the due date and time. The school district shall keep a detailed record of all discussions.

G. H.At any time during phase 1, technical offers may be withdrawn.

I. A copy of the invitation to submit technical offers shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1037 Phase 2 of Multistep Sealed Bidding

A. Upon completion of phase 1, the school district shall issue an invitation for bids and conduct phase 2 under R7-2-1024 through R7-2-1032 as a competitive sealed bidding procurement, except that the invitation for bids shall be issued only to persons whose technical offers were determined to be acceptable in phase 1.

B. Unpriced technical offers of unsuccessful persons shall be open to public inspection after contract award, except to the extent set forth in R7-2-1006.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1038 Reserved

Ariz. Admin. Code § R7-2-1039 Reserved

Ariz. Admin. Code § R7-2-1040 Reserved

Part VI COMPETITIVE SEALED PROPOSALS

Ariz. Admin. Code § R7-2-1041 Competitive Sealed Proposals

A. This Section does not apply to procurement of services of clergy, certified public accountants, physicians, dentists, and legal counsel, construction, construction services, or specified professional services. Services of clergy, certified public accountants, physicians, dentists and legal counsel shall be procured pursuant to R7-2-1061 through R7-2-1068 . Construction and construction services shall be procured as provided in R7-2-1100 . Specified professional services shall be procured pursuant to R7-2-1117 through R7-2-1123.

B. As an alternative to competitive sealed bidding, competitive sealed proposals may be used in order to:

1. Use a contract other than a fixed-price type;

2. Conduct oral or written discussions with offerors concerning technical and price aspects of their proposals;

3. Afford offerors an opportunity to revise their proposals;

4. Compare the different price, quality, and contractual factors of the proposals submitted; or

5. Award a contract in which price is not the determining factor.

C. A school district may conduct competitive sealed proposals electronically, provided that the electronic competitive sealed proposals process complies with the requirements of R7-2-1041 through R7-2-1050 . A determination that conducting competitive sealed proposals electronically is advantageous to the school district shall be in writing and retained in the procurement file.

D. When using electronic competitive sealed proposals, the school district shall determine whether electronic submission of proposals is required or optional and state the electronic submission requirements in the public notice and the request for proposals.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1042 Request for Proposals

A. Competitive sealed proposals shall be solicited through a request for proposals. A request for proposals shall include the following:

1. Instructions to offerors, including:

a. Instructions and information to offerors concerning proposal submission requirements, including the means for proposal submission such as, hand delivery, U.S. mail, electronic mail, facsimile, or other acceptable means, the proposal due date and time, the address of the office at which proposals or other documents are to be received, the proposal acceptance period, and any other special information or requirements;

b. The manner by which the offeror is required to acknowledge amendments;

c. Notification of whether the school district may award multiple contracts and the school district's basis for determining whether to award multiple contracts. If multiple contracts may be awarded, the request for proposals shall include the criteria the school district will use for selecting vendors for each contract under the multiple award, including as applicable, whether contracts will be awarded by individual line items, groups of line items, or categories, whether contracts will be awarded incrementally, and whether contracts will be awarded by designated regions or locations;

d. The minimum information required in the proposal;

e. The specific requirements for designating trade secrets and other proprietary data as confidential;

f. Any specific responsibility criteria;

g. Whether the offeror is required to submit samples, descriptive literature, and technical data with the proposal;

h. Evaluation factors and the relative importance of price and other evaluation factors. Specific numerical weighting is not required;

i. Procurement of earth-moving, material-handling, road maintenance and construction equipment shall include as evaluation factors the total life cycle cost including residual value of the earth-moving, material-handling, road maintenance and construction equipment and, to the extent practicable, the cost of outright purchase;

j. A statement specifying where documents incorporated by reference may be obtained;

k. A statement that the school district may cancel the solicitation or reject a proposal in whole or in part if deemed advantageous to the school district;

l. Notice that the offeror is required to certify that submission of the proposal did not involve collusion or other anticompetitive practices and that the offeror has taken steps and exercised due diligence to ensure that no violation of A.R.S. § 15-213(O) has occurred;

m. Notice that the offeror is required to declare whether the offeror has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body;

n. Any bid security required;

o. Any cost or pricing data required;

p. The type of contract to be used;

q. A statement that discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being awarded a contract;

r. The date, time and location of any pre-proposal conference;

s. The name of the district representative or district representatives;

t. A description of all information that will be recorded and available for public inspection at proposal opening;

u. Notice that all information and proposals submitted by offerors will be made available for public inspection following the award of the contract; and

v. Whether the school district will consider partial proposals for award of a contract.

Specifications, including:

a. The purchase description, delivery or performance schedule, and inspection and acceptance requirements, as applicable;

b. If a brand name or equal specification is used, instructions that the use of a brand name is for the purpose of describing the standard of quality, performance, and other characteristics needed to meet the school district's requirements and is not intended to limit or restrict competition. The solicitation shall state that products substantially equivalent to those brands designated shall qualify for consideration; and

c. Any other specification requirements specific to the solicitation.

3. Contract terms and conditions, including:

a. Warranty and bonding or other security requirements, as applicable;

b. The length of the contract and whether the contract will include an option for extension; and

c. Any other contract terms and conditions.

4. When using electronic competitive sealed proposals, the request for proposals shall specify whether electronic submission of proposals is required or optional, the electronic submission requirements, and the electronic signature requirements.

B. A request for proposals shall be issued at least 14 days before the due date and time for receipt of proposals unless a shorter time is determined necessary by the school district. If a shorter time is necessary, the school district shall document the specific reasons in the procurement file.

C. Notice of the request for proposals shall be given by the school district pursuant to R7-2-1022 and R7-2-1024(C).

D. Before submission of initial proposals, amendments to requests for proposals shall be made in accordance with R7-2-1026 . After submission of proposals, amendments may be made in accordance with R7-2-1036(D).

E. A copy of the request for proposals shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1043 Pre-proposal Conferences

Pre-proposal conferences may be convened in accordance with R7-2-1025 .

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1044 Late Proposals, Modifications or Withdrawals

A. An offeror may modify or withdraw a proposal in writing at any time before proposal opening if the modification or withdrawal is received before the proposal due date and time at the location designated in the request for proposals for receipt of proposals.

B. Withdrawal of a proposal after proposal opening is permissible only in accordance with R7-2-1049.

C. A proposal received after the due date and time for receipt of proposals is late and shall not be considered except under the circumstances set forth in R7-2-1028(B) . A best and final offer received after the due date and time for receipt of best and final offers is late and shall not be considered except under the circumstances set forth in R7-2-1028(B).

D. A modification of a proposal received after the due date and time for receipt of proposals is late and shall not be considered except under the circumstances set forth in R7-2-1028(B).

E. A modification of a proposal resulting from an amendment issued after the due date and time for receipt of proposals or a modification of a proposal resulting from discussions shall be considered if received by the due date and time set forth in the amendment or by the due date and time for submission of best and final offers, whichever is applicable. If the modifications described in this subsection are received after the respective date and time described in this subsection, the modifications are late and shall not be considered except under the circumstances set forth in R7-2-1028(B).

F. Upon receiving a late proposal, late modification, or late withdrawal, the school district shall record the time and date of receipt and promptly send written notice of late receipt to the offeror. The school district may discard the document 30 days after the date on the notice unless the offeror requests and provides funding for the document to be returned.

G. All documents concerning acceptance of a late proposal, late modification, or late withdrawal shall be retained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1045 Receipt, Opening and Recording of Proposals

A. A school district shall maintain a record of proposals and modifications received for each solicitation, shall record the time and date when each proposal or modification is received, and shall store each unopened proposal or modification in a secure place until the proposal due date and time.

1. If required to confirm a vendor's inquiry regarding receipt of its proposal prior to the due date and time, a school district may open a proposal to identify the vendor. If this occurs, the school district shall record the reason for opening the proposal, the date and time the proposal was opened, and the solicitation number. The school district shall secure the proposal and retain it for public opening.

2. One or more witnesses shall be present for the opening of a proposal under subsection (A)(1).

B. Proposals and modifications shall be opened publicly at the date, time and place designated in the request for proposals in the presence of one or more witnesses. The name of each offeror and other relevant information deemed appropriate by the school district shall be recorded. The person opening the proposals and all witnesses shall sign the record. All other information contained in the proposals shall be confidential so as to avoid disclosure of contents prejudicial to competing offerors during the evaluation of proposals. Proposals and modifications shall be shown only to school district personnel having a legitimate interest in them or persons assisting the school district in evaluation.

1. The record created in subsection (B) shall be available for public inspection.

2. The proposals shall not be open for public inspection until after a contract is awarded.

C. If only 1 proposal is received in response to a request for proposals, the school district shall follow R7-2-1032 .

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1046 Evaluation of Proposals

A. Evaluation of proposals and best and final offers shall be based on the evaluation factors set forth in the request for proposals. Specific numerical weighting may be used.

1. If only one proposal is received in response to a request for proposals, the school district shall proceed according to R7-2-1032.

2. The school district shall not modify evaluation factors or the relative importance of price and other evaluation factors after the proposal due date and time.

3. A school district may appoint an evaluation committee to assist in the evaluation of proposals. If proposals are evaluated by an evaluation committee, the evaluation committee shall prepare an evaluation report for the school district. The school district may:

a. Accept the findings of the evaluation committee;

b. Request additional information from the evaluation committee; or

c. Reject the findings of the evaluation committee, in which case the school district shall appoint a new evaluation committee to evaluate the existing proposals or cancel the solicitation.

B. For the purpose of conducting discussions, the school district shall determine that proposals are either acceptable for further consideration or unacceptable. A determination that a proposal is unacceptable shall be in writing, state the basis of the determination and be retained in the procurement file. If the school district determines an offeror's proposal is unacceptable, the school district shall notify that offeror of the determination and that the offeror shall not be afforded an opportunity to amend its offer. As part of its initial evaluation, the school district may contact an offeror to confirm the school district's understanding of the proposal. Such contact shall be prior to the determination that a proposal is acceptable for further consideration. The school district shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file.

C. The contract or contracts shall be awarded during the proposal acceptance period. If the proposal acceptance period expires prior to award of the contract or contracts, the procurement shall be canceled, unless the proposal acceptance period is extended in accordance with subsection (D).

D. To extend the proposal acceptance period, a school district shall notify all offerors in writing of an extension and request written concurrence from each offeror. To be eligible for a contract award, an offeror shall submit a written concurrence to the extension. The school district shall reject a proposal as nonresponsive if written concurrence is not provided as requested.

E. For the purpose of conducting discussions, the school district shall determine that proposals are either acceptable for further consideration or unacceptable.

F. A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract in accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following:

1. Affirmative compliance with mandatory requirements designated in the solicitation.

2. An ability to deliver goods or services on terms advantageous to the school district sufficient to be entitled to continue in the competition.

3. That the proposal is technically acceptable as submitted.

G. A proposal is unacceptable if it is determined to not be reasonably susceptible of being awarded a contract. Those proposals that have no reasonable chance for award when compared on a relative basis with more highly ranked proposals will not be reasonably susceptible of being awarded a contract. The determination shall be in writing, state the basis for the determination and be retained in the procurement file. When there is doubt as to whether a proposal is reasonably susceptible of being awarded a contract, the proposal shall be considered acceptable.

H. If the school district determines an offeror's proposal is unacceptable, the school district shall notify that offeror of the determination and that the offeror shall not be afforded an opportunity to amend its proposal.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1047 Discussions with Individual Offerors

Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and before award for the purpose of obtaining best and final offers. The school district shall establish procedures and schedules for conducting discussions. Disclosure of 1 offeror's price to another and any information derived from competing proposals is prohibited. Any clarification of a proposal by the offeror shall be in writing. The school district shall keep a detailed record of all discussions.

A. Discussions may be conducted with responsible offerors who submit proposals determined to be acceptable for further consideration. Discussions may be conducted to assure full understanding of the proposal in order to obtain the most advantageous contract for the school district based upon the requirements and evaluation factors in the request for proposals. Offerors shall be afforded fair treatment with respect to any opportunity for discussion and revision of proposals.

B. A school district shall establish procedures and schedules for conducting discussions. The school district shall ensure there is no disclosure of one offeror's price or any information derived from competing proposals to another offeror.

C. Discussions may be conducted orally or in writing. If oral discussions are conducted, the offeror shall confirm the discussions in writing.

D. If discussions are conducted, they shall be conducted with all offerors who submit proposals determined to be acceptable for further consideration. Proposals may not be revised during discussions.

E. The school district shall keep a detailed record of all discussions in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1048 Best and Final Offers

If discussions are conducted pursuant to R7-2-1047, the school district shall issue a written request for best and final offers. The request shall set forth the date, time and place for the submission of best and final offers. Best and final offers shall be requested only once, unless the school district makes a determination that it is advantageous to the school district to conduct further discussions or change the school district's requirements. The request for best and final offers shall inform offerors that, if they do not submit a notice of withdrawal or a best and final offer, their immediate previous offer will be construed as their best and final offer.

A. Only if discussions are conducted pursuant to R7-2-1047, the school district shall issue a written request for best and final offers to all offerors who submitted proposals determined to be acceptable pursuant to R7-2-1046(E) . The request shall set forth the date, time and place for the submission of best and final offers.

B. Best and final offers shall be requested only once, unless the school district makes a determination that it is advantageous to the school district to conduct further discussions or change the school district's requirements.

C. The request for best and final offers shall inform offerors that, if they do not submit a notice of withdrawal or a best and final offer, their immediate previous offer will be construed as their best and final offer.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1049 Mistakes in Proposals

A. Prior to the due date and time for receipt of best and final offers, any offeror may withdraw a proposal in writing or correct any mistake by modifying the proposal.

B. After receipt of best and final offers, an offeror may withdraw a proposal or correct a mistake in accordance with R7-2-1030.

C. The offeror shall withdraw or correct its proposal in writing. The school district shall retain the written withdrawal or correction in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1050 Contract Award

A. As provided in subsection (B), the school district shall award a contract or contracts to the responsible offeror or offerors whose proposal or proposals are determined in writing to be most advantageous to the school district based on the factors set forth in the request for proposals. No factors or criteria may be used in proposal evaluation that are not set forth in the request for proposals. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the most advantageous proposal.

B. The school district shall award the contract to the offeror whose proposal is deemed most advantageous to the school district for all materials or services, except that the school district may make a multiple award if the request for proposals included notification that multiple contracts may be awarded, the school district's basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts.

C. Before making a multiple award, the school district shall determine in writing that a multiple award is necessary and is advantageous to the school district and shall establish procedures for the use of the multiple awarded contracts to ensure that purchases are made from the contracts determined by the school district to be most advantageous to the school district in satisfying the school district's requirements. A multiple award shall be limited to the least number of contracts the school district determines in writing to be necessary to meet the school district's requirements, and may include the following types of awards:

1. Awards to the offerors most advantageous to the school district for individual line items, groups of line items, or categories.

2. Awards to the offerors most advantageous to the school district for similar or identical line items, groups of line items, or categories only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery, and the awards are limited to the least number of offerors necessary to meet the school district's requirements.

3. An incremental award only if the school district determines in writing that such an award is necessary to obtain the required quantity or delivery. The award shall be made to the offeror whose proposal is determined to be the most advantageous to the school district, then to the offeror with the next most advantageous proposal, etc., until the total definite quantity required is reached.

4. Regional awards to the offerors most advantageous to the school district in designated regions or locations only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery over widely scattered locations or a particular requirement is of a local nature.

D. The school district shall notify all offerors of an award.

E. The procurement file shall contain the basis on which the award or awards are made.

F. After a contract is awarded, the school district shall return any bid security provided by the unsuccessful offerors.

G. Upon execution of the contract, if performance and payment bonds were not required, or upon receipt of the specified bonds, if performance and payment bonds were required, the school district shall return any bid security provided by the successful offeror.

H. Within 10 days after a contract is awarded, the school district shall make the procurement file, including all proposals, available for public inspection.

1. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

2. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1051 Reserved

Ariz. Admin. Code § R7-2-1052 Reserved

Part VII SOLE SOURCE PROCUREMENTS

Ariz. Admin. Code § R7-2-1053 Sole Source Procurements

A. A contract may be awarded for a material, service or construction item without competition if the governing board determines in writing that there is only one source for the required material, service or construction item. The school district may require the submission of cost or pricing data in connection with an award under this Section. Sole source procurement shall be avoided, except when no reasonable alternative source exists.

B. The governing board's determination shall be made before entering the contract and shall include the following information:

1. A description of the procurement need and the reason why there is only a single source available or why no reasonable alternative exists;

2. The name of the proposed supplier;

3. The duration and estimated total dollar value of the proposed procurement;

4. Documentation that the price submitted is fair and reasonable; and

5. A description of efforts made to seek other sources.

B. C.The school district shall, to the extent practicable, negotiate with the single supplier a contract advantageous to the school district.

D. A copy of the written determination of the basis for the sole source procurement and any cost or pricing data shall be retained in the procurement file by the school district. The school district shall keep a record of all sole source procurements pursuant to R7-2-1086.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1054 Reserved

Part VIII EMERGENCY PROCUREMENTS

Ariz. Admin. Code § R7-2-1055 Emergency Procurement Procedure

A. An emergency condition creates an immediate and serious need for materials, services, or construction that cannot be met through normal procurement methods and seriously threatens the functioning of the school district, the preservation or protection of property or the public health, welfare or safety. Some examples of emergency conditions are floods, epidemics, or other natural disasters, riots, fire or equipment failures.

B. An emergency procurement shall be limited to the materials, services, or construction necessary to satisfy the emergency need.

C. The governing board shall designate a board member or members or school district official or officials authorized to make emergency procurements, and may prescribe limiting factors including maximum spending limits with regard to emergency procurements.

D. The designated board member or district official shall:

1. Select the contractor to perform the emergency work with as much competition as practicable under the circumstances;

2. Obtain a price that is fair and reasonable under the circumstances;

3. Prepare a written statement documenting the basis for the emergency, the basis for the selection of the particular contractor, and why the price paid was fair and reasonable. The statement shall be signed by the designated governing board member or district official authorized to initiate emergency procurements; and

4. Convene a meeting of the governing board to approve the emergency procurement, unless the nature of the emergency requires that the procurement be made prior to governing board approval.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1056 Emergency Procurement Reporting

A. If the nature of the emergency does not permit convening a meeting of the governing board to approve the emergency procurement, the designated board member or district official who makes an emergency procurement shall, at the first scheduled governing board meeting following the procurement, provide to the governing board a report concerning the emergency procurement including the following information:

1. The written statement documenting the basis for the emergency, the basis for the selection of the particular contractor, and why the price paid was fair and reasonable; and

2. Why it was impracticable to convene a meeting of the governing board.

B. The information and documentation required in this Section shall be included in the procurement file.

C. The school district shall keep a record of all emergency procurements pursuant to R7-2-1086.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1057 [REPEALED]

History

• Adopted effective December 17, 1987 (Supp. 87-4). Repealed by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Part IX REQUEST FOR INFORMATION

Ariz. Admin. Code § R7-2-1058 Request for Information

A. The school district may issue a request for information to obtain data about services or materials available to meet a specific need. Notice of the request for information shall be issued in accordance with R7-2-1024(A) and R7-2-1024(C).

B. Responses to a request for information are not offers and cannot be accepted to form a binding contract.

C. Information contained in a response to a request for information may be withheld from public inspection until the subsequent procurement is awarded or terminated, two years from the date of the vendor's response, or upon commencement of a new procurement, whichever occurs first.

D. There is no required format to be used for requests for information.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1059 Reserved

Ariz. Admin. Code § R7-2-1060 Reserved

Part X SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL

Ariz. Admin. Code § R7-2-1061 Competitive Selection Procedures for Clergy, Certified Public Accountants, Physicians, Dentists and Legal Counsel

A. The services of clergy, certified public accountants, physicians, dentists, or legal counsel shall be procured in accordance with R7-2-1061 through R7-2-1068, except as authorized pursuant to R7-2-1002, R7-2-1053, or R7-2-1055.

B. Pursuant to A.R.S. § 15-914, contracts for financial and compliance audits and completed audits shall be approved by the Auditor General as provided in A.R.S. § 41-1279.21.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1062 Statement of Qualifications

A. If the services specified in R7-2-1061(A) are needed, persons may submit and the school district may solicit persons engaged in providing the services to submit statements of qualifications on a prescribed form that shall include the following information:

1. Technical education and training;

2. General or special experience, certifications, licenses, and memberships in professional associations, societies, or boards;

3. An expression of interest in providing a particular service; and

4. Any other pertinent information requested by the school district.

B. Persons who have submitted statements of qualifications may amend those statements at any time by filing a new statement.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1063 Request for Proposals

A. Adequate notice of the need for services specified in R7-2-1061(A) shall be given by the school district through a request for proposals. The request for proposals shall be in accordance with R7-2-1042.

B. In addition to providing notice of the request for proposals pursuant to R7-2-1022 and R7-2-1024(C), the school district shall provide notice to all persons who submitted statements of qualifications for the particular services solicited.

C. If required to evaluate proposals, the request for proposals shall require all offerors who have not already done so to submit a statement of qualifications pursuant to R7-2-1062.

D. Pre-proposal conferences may be convened in accordance with R7-2-1025.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1064 Receipt of Proposals

Proposals shall be received and opened in accordance with R7-2-1045 . Late proposals, modifications, or withdrawals shall be considered in accordance with R7-2-1044 .

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1065 Evaluation of Proposals

Proposals shall be evaluated in accordance with R7-2-1046 .

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1066 Discussions with Individual Offerors

The school district may conduct discussions with any offeror to determine the offeror's qualifications for further consideration. Discussions shall be conducted in accordance with R7-2-1047 .

A. As part of its initial evaluation, the school district may contact an offeror to confirm the school district's understanding of the proposal. Such contact shall be prior to the determination that a proposal is acceptable for further consideration. The school district shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file.

B. The school district may conduct discussions with any offeror in accordance with R7-2-1047 . If such discussions are conducted, the school shall issue a request for best and final offers pursuant to R7-2-1048.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1067 Mistakes in Proposals

Mistakes in proposals shall be addressed pursuant to R7-2-1049.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1068 Contract Award

A. As provided in subsection (B), the school district shall award a contract or contracts to the responsible offeror or offerors best qualified based on the evaluation factors set forth in the request for proposal and after making a written determination that the price is fair and reasonable. The school district shall not award a contract based solely on price. No factors or criteria may be used in proposal evaluation that are not set forth in the request for proposals.

B. The school district shall award the contract to the best qualified offeror whose price is determined to be fair and reasonable for all services, except that the school district may make a multiple award if the request for proposals included notification that multiple contracts may be awarded, the school district's basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts.

C. Before making a multiple award, the school district shall determine in writing that a multiple award is necessary and is advantageous to the school district and shall establish procedures for the use of the multiple awarded contracts to ensure that purchases are made from the contracts determined by the school district to be most advantageous to the school district in satisfying the school district's requirements. A multiple award shall be limited to the least number of contracts the school district determines in writing to be necessary to meet the school district's requirements, and may include the following types of awards:

1. Award to the best qualified offeror whose price is determined to be fair and reasonable for individual line items, groups of line items, or categories.

Awards to the best qualified offerors whose prices are determined to be fair and reasonable for similar or identical line items, groups of line items, or categories only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery, and the awards are limited to the least number of offerors necessary to meet the school district's requirements.

3. An incremental award only if the school district determines in writing that such an award is necessary to obtain the required quantity or delivery. The award shall be made to the best qualified person whose price is determined to be fair and reasonable, then to the next best qualified person whose price is determined to be fair and reasonable, etc., until the total definite quantity required is reached.

4. Regional awards to the best qualified offerors whose prices are determined to be fair and reasonable in designated regions or locations only if the school district determines in writing that such an award is necessary to obtain the required quantity or delivery over widely scattered locations or a particular requirement is of a local nature.

D. The school district shall notify all offerors of an award.

E. The procurement file shall contain the basis on which the award or awards are made.

F. Within 10 days after a contract is awarded, the school district shall make the procurement file, including all proposals, available for public inspection.

1. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

2. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Part XI GUARANTEED ENERGY CONTRACTS

Ariz. Admin. Code § R7-2-1069 Guaranteed Energy Cost Savings Contracts

A. A school district may procure a guaranteed energy cost savings contract with a qualified provider through competitive sealed proposals in accordance with R7-2-1041 through R7-2-1050 .

1. The request for proposal evaluation factors required by R7-2-1042(A)(1)(h) shall include objective criteria for selecting the qualified provider, including the cost of the contract, the energy cost savings, the net projected energy savings, the quality of the technical approach, the quality of the project management plan, the financial solvency of the qualified provider and the experience of the qualified provider with projects of similar size and scope.

2. Notwithstanding R7-2-1042(A)(1)(h), the request for proposals shall set forth the respective numerical weighting for each evaluation criterion.

At the qualified provider's expense, the proposal shall include an independent third-party validation of cost savings calculations associated with each proposed energy cost savings measure by a licensed, registered professional engineer, with credentials from the national association of energy engineers, who has demonstrated experience in energy analysis. The school district shall approve the selection of the independent third party.

4. A school district may enter into a guaranteed energy cost savings contract with a qualified provider if the school district determines that the energy savings project will pay for itself within the expected life of the energy cost savings measures implemented (according to the manufacturer's equipment standards), the term of the financial agreement or 25 years, whichever is shortest, if the recommendations in the proposal are followed. Notwithstanding this subsection, a school district may elect to use a shorter capital cost repayment schedule than required pursuant to this subsection. The school district shall retain the cost savings achieved by a guaranteed energy cost savings contract, and these cost savings may be used to pay for the contract and project implementation.

5. A qualified provider is a person that is experienced in designing, implementing or installing energy cost savings measures, that has a record of established projects or measures of similar size and scope, that has demonstrated technical, operational, financial and managerial capabilities to design and operate cost savings measures and projects and that has the financial ability to satisfy guarantees for energy cost savings.

B. In selecting a contractor to perform any construction work related to performing the guaranteed energy cost savings contract, the qualified provider may:

1. Develop and use a prequalification process for contractors.

2. Require the contractor to demonstrate that the contractor is adequately bonded to perform the work and that the contractor has not failed to perform on a prior job.

C. A study shall be performed by the selected qualified provider in order to establish the exact scope of the guaranteed energy cost savings contract, the fixed cost savings guarantee amount and the methodology for determining actual savings. The selected qualified provider will provide the school district with a final study report which validates that the fixed cost savings guarantee amount will meet or exceed the cost savings calculations contained within the original proposal. The study report shall be reviewed and approved by the school district before the actual installation of any equipment. The qualified provider shall transmit a copy of the approved study report to the division of school facilities within the department of administration and the governor's office.

D. The information to develop the energy baseline shall be derived from historical energy costs or actual energy measurements or shall be calculated from energy measurements at the facility where energy cost savings measures are to be installed or implemented. The baseline shall be established before the installation or implementation of energy cost savings measures.

E. One or more school districts may enter into a financing agreement with a qualified provider or a financial institution, trustee or paying agent for the purchase and installation or implementation of energy cost savings measures. Any required financing may be obtained as part of the original competitive sealed proposal process from the qualified provider, or from a third-party financing institution that is procured separately in accordance with Articles 10 and 11.

F. The selected qualified provider shall provide a performance bond in accordance with R7-2-1103(A)(1)(c).

G. The selected qualified provider shall make public the information in the subcontractor's bids.

H. The guaranteed energy cost savings contract shall include the following:

1. A requirement that, in determining whether the projected energy savings calculations have been met, the energy savings shall be computed by comparing the energy baseline before installation or implementation of the energy cost savings measures with the energy consumed after installation or implementation of the energy cost savings measures. The qualified provider and the school district may agree to make modifications to the energy baseline only for any of the following:

a. Changes in utility rates.

b. Changes in the number of days in the utility billing cycle.

c. Changes in the square footage of the facility.

d. Changes in the operational schedule of the facility.

e. Changes in facility temperature.

f. Significant changes in the weather.

g. Significant changes in the amount of equipment or lighting used in the facility.

h. Significant changes in the nature or intensity of energy use such as the change of classroom space to laboratory space.

2. A payment schedule, with payments over a period of not more than the expected life of the energy cost savings measures implemented (according to the manufacturer's equipment standards), the term of the financial agreement or 25 years, whichever is shortest, except a school district may elect to use a shorter capital cost repayment schedule than required pursuant to this subsection.

3. A requirement that all payments, except obligations on termination of the contract before its expiration, be made pursuant to the terms of the financing agreement.

4. A written guarantee from the qualified provider that the energy savings will meet or exceed the costs of the energy cost savings measures over the expected life of the energy cost savings measures implemented (according to the manufacturer's equipment standards), the term of the financial agreement or 25 years, whichever is shortest, except a school district may elect to use a shorter capital cost repayment schedule than required pursuant to this subsection. The school district shall ensure that the contractor:

a. For the term of the guaranteed energy cost savings contract, prepares a measurement and verification report on an annual basis in addition to an annual reconciliation of savings.

b. Reimburses the school district for any shortfall of guaranteed energy cost savings on an annual basis.

c. Uses the international performance and measurement and verification protocol standards or the federal energy management program standards to validate the savings guarantee.

I. A school district may use a simplified energy performance contract for projects that are less than $500,000. Simplified energy performance contracts are not required to include an energy savings guarantee and shall comply with all requirements in this Section except for subsections (D), (H)(1)(a) through (h) and (H)(4)(a) through (c).

J. This Section does not apply to the construction of new buildings.

K. For all projects under this Section, the school district shall report to the division of school facilities within the department of administration and the governor's office:

1. The name of the project.

2. The name of the qualified provider.

3. The total cost of the project.

4. The expected energy cost savings and relevant escalators.

5. The agreed-on baseline in the measurement and verification agreement in both kilowatt hours and dollars.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020. Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1070 Guaranteed Energy Production Contracts

A. A school district may procure a guaranteed energy production contract with a qualified provider through competitive sealed proposals in accordance with R7-2-1041 through R7-2-1050 .

1. The request for proposals evaluation factors required by R7-2-1042(A)(1)(h) shall include objective criteria for selecting the qualified provider, including the guaranteed energy price, the guaranteed energy production, the quality of the technical approach, the quality of the project management plan, the financial solvency of the qualified provider and the experience of the qualified provider with projects of similar size and scope.

2. Notwithstanding R7-2-1042(A)(1)(h), the request for proposals shall set forth the respective numerical weighting for each evaluation criterion.

The school district may obtain any required financing as part of the original competitive sealed proposal process from the qualified provider, or from a third-party financing institution procured separately in accordance with Articles 10 and 11.

4. When submitting a proposal for the installation of equipment, the qualified provider shall include information containing the guaranteed energy production associated with each proposed energy production measure. The school district shall review and approve this guarantee before the actual installation of any equipment. The qualified provider shall transmit a copy of the approved guarantee to the division of school facilities within the department of administration and the governor's office.

5. A qualified provider is a person that is experienced in designing, implementing or installing energy cost savings measures, that has demonstrated technical, operational, financial and managerial capabilities to design and operate cost savings measures and projects and that has the financial ability to satisfy guarantees for guaranteed energy production, financial solvency and experience for projects of similar size and scope.

B. In selecting a contractor to perform any construction work related to performing the guaranteed energy production contract, the qualified provider may:

Develop and use a prequalification process for contractors.

2. Require the contractor to demonstrate that the contractor is adequately bonded to perform the work and that the contractor has not failed to perform on a prior job.

C. A guaranteed energy production contract shall include a guaranteed energy price, and a written guaranteed energy production as measured on an annual basis over the expected life of the energy production measures implemented or within 25 years, whichever is shorter. The school district shall ensure that the contractor:

1. Prepares a measurement and verification report on an annual basis in addition to an annual reconciliation of any guaranteed energy production shortfall.

2. Reimburses the school district for any guaranteed energy production shortfall on an annual basis by multiplying any energy production shortfall by either the difference between the guaranteed energy price and the effective utility rate, or an alternative method as mutually agreed on by the school district and the qualified provider.

D. The selected qualified provider shall provide a performance bond in accordance with R7-2-1103(A)(1)(c).

E. The selected qualified provider shall make public information in the subcontractor's bids.

F. For all projects under this Section, the school district shall report to the governor's office and the division of school facilities within the department of administration:

1. The name of the project.

2. The name of the qualified provider.

3. The total cost of the project.

4. The expected guaranteed energy production and guaranteed energy price, including relevant escalators, if applicable, over the term of the guaranteed energy production contract.

G. For all projects under this Section, the school district shall annually report the actual energy production and guaranteed energy price to the division of school facilities within the department of administration no later than October 15.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Part XII GENERAL CONTRACT REQUIREMENTS

Ariz. Admin. Code § R7-2-1071 Reserved

Ariz. Admin. Code § R7-2-1072 Cancellation of Solicitations; Rejection of Bids and Proposals

Each solicitation issued by the school district shall state that the solicitation may be canceled or bids or proposals rejected if it is advantageous to the school district.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1073 Cancellation of Solicitation Before the Due Date and Time

A. Before the due date and time, a solicitation may be canceled in whole or in part if the school district determines that cancellation is advantageous to the school district. The reasons for the cancellation shall be made part of the procurement file.

B. The school district shall notify in writing all persons to whom the original notice or solicitation was distributed by the school district. Notice shall be in the same manner as the original notice or solicitation, including posting on a designated site on the Internet, as applicable.

C. The school district shall not open bids or proposals after cancellation. The school district may discard the bid or proposal 30 days after notice is given in accordance with subsection (B), unless the bidder or offeror requests the bid or proposal be returned.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1074 Cancellation of Solicitation After Bid or Proposal Opening and Before Award

A. After opening of bids or proposals but before award, a solicitation may be canceled in whole or in part if the school district determines that cancellation is advantageous to the school district. The reasons for the cancellation shall be made part of the procurement file.

B. The school district shall notify bidders or offerors of the cancellation in writing.

C. The school district shall retain bids or proposals received under the canceled solicitation in the procurement file. If the school district intends to issue another solicitation within six months after cancellation of the procurement, the school district shall withhold the bids or proposals from public inspection. After award of a contract under the subsequent solicitation, the school district shall make bids or proposals submitted in response to the canceled solicitation available for public inspection except for information determined to be confidential pursuant to R7-2-1006.

D. In the event of cancellation, the school district shall promptly return any bid security provided by a bidder or offeror.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1075 Rejection of Individual Bids and Proposals

A. A written determination of nonresponsibility of a bidder or offeror shall be made by the school district if:

1. The bidder is determined to be nonresponsible pursuant to R7-2-1076 ; or

2. The bid is nonresponsive in accordance with R7-2-1003(B), R7-2-1031 or R7-2-1046 . A finding of nonresponsibility shall not be construed as a violation of the rights of any person.

B. A.A bid or proposal may be rejected in whole or in part if:

1. The person responding to the solicitation is determined to be nonresponsible pursuant to R7-2-1076 ;

2. It is nonresponsive or unacceptable;

3. The proposed price is unreasonable; or

4. It is otherwise not advantageous to the school district.

C. B.Bidders or offerors whose bids or proposals are rejected shall be notified. A record of the rejection shall be retained in the procurement file.

D. If a solicitation is canceled after receipt of bids or proposals, the bids or proposals that have been opened shall be retained. Unopened bids or proposals shall be returned to bidders or offerors upon request.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1076 Responsibility of Bidders and Offerors

A. The school district shall make a written determination that a bidder or offeror is responsible before awarding a contract to that bidder or offeror.

B. If the school district determines a bidder or offeror is nonresponsible, the school district shall promptly send a determination to the bidder or offeror stating the basis for the determination. The school district shall file a copy of the determination in the procurement file.

C. A finding of nonresponsibility shall not be construed as a violation of the rights of any person.

D. If the school district included specific responsibility criteria in the solicitation, such criteria shall be considered in determining if a bidder or offeror is responsible.

B. E.Factors to be considered in determining if a bidder or offeror is responsible may include:

1. The bidder or offeror's financial, material, personnel or other resources, including subcontracts;

2. The bidder or offeror's record of performance and integrity;

3. Whether the bidder or offeror has been debarred or suspended; and

3 4. Whether the bidder or offeror is qualified legally to contract with the school district.

4. Whether the proposed contractor supplied all necessary information concerning its responsibility,

C. The school district may establish specific responsibility criteria for a particular procurement. Any specific responsibility criteria shall be set forth in the solicitation.

F. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility shall be grounds for a determination of nonresponsibility with respect to the bidder or offeror.

D. G.As required by A.R.S. § 41-2540(B), information furnished by a bidder or offeror pursuant to this Section shall not be disclosed outside of the school district without prior written consent by the bidder or offeror except to law enforcement agencies.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1077 Prequalification of Contractors for Materials, Services and Construction

A. Prospective contractors may be prequalified for particular types of materials, services and construction. Prospective contractors have a continuing duty to provide the school district with information on any material change affecting the basis of prequalification. Solicitation mailing lists of prospective contractors shall include the prequalified contractors.

B. A prospective contractor need not be prequalified to be awarded a contract. Prequalification does not represent a determination of responsibility.

C. The existence of a qualified product list pursuant to R7-2-1011(D) does not constitute prequalification of any prospective supplier of that product.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1078 Bid and Contract Security

A. Bid and performance bonds or other security may be required for material or service contracts to guarantee faithful bid and contract performance if the governing board determines that such requirement is advantageous to the school district. In determining the amount and type of security required for each contract, the governing board shall consider the nature of the performance and the need for future protection to the school district. The requirement for bonds or other security shall be included in the solicitation.

B. Bid or performance bonds shall not be used as a substitute for a determination of bidder or offeror responsibility.

C. If a bid or proposal is withdrawn at any time before bid or proposal opening, any bid security shall be returned to the bidder or offeror.

D. After the contract is awarded, any bid security shall be returned to the unsuccessful bidders or offerors. Upon execution of the contract, if performance bonds or other security were not required, or upon receipt of the specified bonds, if performance bonds or other security were required, the school district shall return any bid security provided by the successful bidder or offeror.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1079 Cost or Pricing Data

A. The submission of current cost or pricing data may be required in connection with an award in situations in which analysis of the proposed price is essential to determine that the price is fair and reasonable. A contractor shall, except as provided in subsection (C), submit current cost or pricing data and shall certify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted is accurate, complete and current as of a mutually determined specified date before the date of either:

1. The pricing of any contract awarded by competitive sealed proposals or pursuant to the sole source procurement authority, if the total contract price is expected to exceed $100,000.

2. The pricing of any change order or contract modification which is expected to increase the total contract price which will then exceed $100,000.

B. Any contract, change order or contract modification for which certified cost or pricing data is required shall contain a provision that the price to the school district shall be adjusted to exclude any significant amounts by which the school district finds that the price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete or not current as of the date agreed on between the parties. Such adjustment by the school district may include profit or fee. The school district may reduce the contract price pursuant to R7-2-1081.

C. The requirements of this Section may be waived if any of the following apply:

1. The contract price is based on adequate price competition.

2. The contract price is based on established catalog prices or market prices.

Contract prices are set by law or regulation.

4. It is determined in writing by the school district that the waiver is advantageous to the school district. The determination shall include the reasons why the waiver is advantageous to the school district.

D. When applicable, the solicitation shall include a notice that certified cost or pricing data shall be submitted.

E. In an emergency, cost or pricing data may be submitted at a reasonable time after the contract is awarded.

F. A copy of all determinations by the school district that pertain to the submission of cost or pricing data shall be retained in the procurement file.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1080 Refusal to Submit Cost or Pricing Data

A. If the offeror fails to submit cost or pricing data in the required form, the school district may reject the proposal.

B. If a contractor fails to submit data to support a price adjustment in the form required, the school district may:

1. Reject the price adjustment; or

2. Set the amount of the price adjustment subject to the contractor's rights under R7-2-1141 through R7-2-1185.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1081 Defective Cost or Pricing Data

A. The school district may reduce the contract price if, upon determination, the cost or pricing data are defective.

B. The contract price shall be reduced in the amount of the defect plus related overhead and profit or fee if the school district relied upon the defective data in awarding the contract.

C. Any dispute as to the existence of defective cost or pricing data or the amount of an adjustment due to defective cost or pricing data may be appealed as a contract controversy under R7-2-1141 through R7-2-1185 . Pending appeal, the adjusted contract price shall remain in effect.

D. If certification of either current cost or pricing data is required, the awarded contract shall include notice of the right of the school district to a reduction in price if certified cost or pricing data are subsequently determined to be defective.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1082 Right to Inspect Plant

The school district may at reasonable times inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the school district.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1083 Right to Audit Records

A. The school district may, at reasonable times and places, audit the books and records of any person who submits cost or pricing data as provided in R7-2-1079 to the extent that the books and records relate to the cost or pricing data. Any person who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for five years after completion of the contract.

B. The school district is entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of five years after completion of the contract and by the subcontractor for a period of five years after completion of the subcontract.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1084 Anticompetitive Practices

A. If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice or the relevant facts shall be transmitted to the governing board and the attorney general. This Section does not require a law enforcement agency conducting an investigation into such practices to convey such notice to the school district.

B. Upon submitting a bid or proposal, the bidder or offeror shall certify on a form prescribed by the school district that the submission of the bid or proposal did not involve collusion or other anticompetitive practices.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1085 Retention of Procurement Records

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Arizona State Library, Archives and Public Records.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1086 Record of Procurement Actions

A. The school district shall maintain a record listing all contracts made under R7-2-1053, Sole source procurements, or R7-2-1055, Emergency procurements, for a minimum of five years. The record shall contain:

1. Each contractor's name.

2. The amount and type of each contract.

3. A listing of the materials, services or construction procured under each contract.

B. The record shall be available for public inspection.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1087 Contract Clauses

A. The school district shall include in solicitations and contracts all contract clauses necessary to ensure the school district's interests are addressed. The school district may modify clauses for inclusion in any particular school district contract, provided that any variations are supported by a written determination that states the circumstances justifying the variation and provided that notice of any material variation is stated in the solicitation.

B. All contract clauses shall be consistent with the provisions of Articles 10 and 11.

C. The school district may permit or require the inclusion of clauses providing for appropriate remedies, adjustments in prices, time of performance or other contract provisions.

D. A contract for the procurement of construction or construction services shall include a provision for the recovery of damages related to expenses incurred by the contractor for a delay for which the school district is responsible, that is unreasonable under the circumstances and that was not within the contemplation of the parties to the contract. This subsection does not void any provision in the contract that requires notice of delays, provides for arbitration or any other procedure for settlement or provides for liquidated damages.

E. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract or design professional service contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against the public policy of this state and is void and unenforceable.

F. A provision or clause for contract termination in accordance with A.R.S. § 38-511. The school district may cancel the Contract within three years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the school district is or becomes at any time while the Contract, or an extension of the Contract is in effect an employee of or a consultant to any party to the Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time.

G. A provision or clause for contract termination if it appears that any person has not complied with A.R.S. § 15-213(O). The school district or school purchasing cooperative may, by written notice, terminate the Contract, in whole or in part, if the school district or school purchasing cooperative determines that any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee of the school district or school purchasing cooperative who supervised or participated in the planning, recommending, selecting or contracting of the Contract.

H. A provision or clause for contract termination for gratuities. The school district or school purchasing cooperative may, by written notice, terminate the Contract in whole or in part, if the school district or school purchasing cooperative determines that employment or a gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the school district or school purchasing cooperative for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including making of any determination or decision about contract performance.

F. I. A covenant, clause or understanding in, collateral to or affecting a construction contract or subcontract or a design professional services contract or subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or the promisee's agents, employees or indemnitee is against the public policy of this state and is void.

G. J. If a design professional provides work, services, studies, planning, surveys or other preparatory work in connection with a public building or improvement, the school district or property owner may require that the design professional services contract or subcontract require the design professional to indemnify and hold harmless the school district or property owner, and its officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of such design professional or other persons employed or used by such design professional in the performance of the contract or subcontract.

H. K. A design professional services subcontract entered into in connection with a public building or improvement may also require any design professional to indemnify and hold harmless the school district or property owner and the indemnified design professional who executed the subcontract, and their respective owners, officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of such design professional, or persons employed or used by the indemnifying design professional in connection with the subcontract.

I. L. Nothing in this Section shall prohibit the requirement of insurance coverage that complies with this Section, including the designation of the school district or property owner as an additional insured on a general liability insurance policy or as a designated insured on an automobile liability policy provided in connection with a construction contract or subcontract or design professional services contract or subcontract.

J. M. Notwithstanding subsection (I), a contractor who is responsible for the performance of a construction contract or subcontract may fully indemnify a person, firm, corporation, state or other agency for whose account the construction contract or subcontract is not being performed and that, as an accommodation, enters into an agreement with the contractor that permits the contractor to enter on or adjacent to its property to perform the construction contract or subcontract for others.

K. N. Except as provided in subsections (J), (K) and (L), a design professional services contract or subcontract entered into in connection with a public building or improvement shall not require that a design professional defend, indemnify, insure or hold harmless the school district or property owner or its employees, officers, directors, agents, contractors or subcontractors from any liability, damage, loss, claim, action or proceeding, and any contract provision that is not permitted by subsections (J), (K) and (L) is against the public policy of this state and is void.

L. O. If any provision or condition contained in this Section conflicts with any provision of a contract between the school district and the federal government, such provision shall not apply to any construction contract or subcontract, or design professional services contract or subcontract to the extent such conflict exists, but all provisions of this Section with which there is no such conflict, shall apply.

M. P. In this Section:

1. "Construction contract or subcontract" means a written or oral agreement relating to the construction, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility, development, or other improvement to land.

"Design professional services" means architect services, engineer services, land surveying services, geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or any person employed by the design professional.

3. "Design professional services contract or subcontract" means a written or oral agreement relating to the planning, design, construction administration, study, evaluation, consulting, inspection, surveying, mapping, material sampling, testing or other professional, scientific or technical services furnished in connection with any actual or proposed study, planning, survey, environmental remediation, construction, improvement, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility, development or other improvement to land.

4. "Other persons employed or used" means a subcontractor to a contractor or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with a construction contract or subcontract or design professional service contract or subcontract subject to this Section.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1088 Reserved

Ariz. Admin. Code § R7-2-1089 Reserved

Ariz. Admin. Code § R7-2-1090 Reserved

Part XIII CONTRACT TYPES

Ariz. Admin. Code § R7-2-1091 [REPEALED]

History

• Adopted effective December 17, 1987 (Supp. 87-4). Repealed by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1092 Authority to Use Contract Types

Before the award of any contract, except a firm fixed-price contract, the school district shall determine in writing that the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and is adequate to allocate costs pursuant to R7-2-1125 . Such determinations may be made through a contractor's certification in the proposed contractor's response to a solicitation, that the proposed contractor's accounting system complies with this Section.

Subject to the limitations of this Section, any type of contract that would be advantageous to the school district may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1093 Multiterm Contracts

A. Unless otherwise provided by law, multiterm contracts for materials or services and contracts for job-order-contracting construction services may be entered into if the duration of the contract and the conditions of renewal or extension, if any, are included in the invitation for bids or the request for proposals and if monies are available for the first fiscal period at the time the contract is executed. The duration of contracts for materials or services and contracts for job-order-contracting construction services shall be limited to no more than five years unless the governing board determines in writing before the procurement solicitation is issued that a contract of longer duration would be advantageous to the school district. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.

B. Before the use of a multiterm contract, it shall be determined in writing by the governing board that:

1. Estimated requirements cover the period of the contract and are reasonable and continuing.

2. Such a contract will be advantageous to the school district by encouraging effective competition or otherwise promoting economies in school district procurement.

C. The school district shall include in all multiterm contracts a clause specifying that the contract shall be canceled if monies are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year.

D. If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the materials or services delivered under the contract or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for such purposes.

E. A contract for specified professional services shall have a term not to exceed five years after the date of contract award by the school district of the first contract under the procurement, except that the contract may continue in effect after the five year term for projects on which the rendering of specified professional services commences within the five year term.

F. Notwithstanding this section, contracts for auditors and auditing firms shall have a term as prescribed in A.R.S. § 15-213.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final rulemaking at 24 A.A.R. 3283, effective 10/22/2018.

Ariz. Admin. Code § R7-2-1094 Reserved

Ariz. Admin. Code § R7-2-1095 Reserved

Ariz. Admin. Code § R7-2-1096 Reserved

Ariz. Admin. Code § R7-2-1097 Reserved

Ariz. Admin. Code § R7-2-1098 Reserved

Ariz. Admin. Code § R7-2-1099 Reserved

Article 11 SCHOOL DISTRICT PROCUREMENT

Part XIV PROCUREMENT OF CONSTRUCTION

Ariz. Admin. Code § R7-2-1100 Construction Project Delivery Methods

A. For the design-bid-build project delivery method, the school district shall procure:

Design services pursuant to R7-2-1117 through R7-2-1123, except as authorized by R7-2-1053 and R7-2-1055.

2. Construction by competitive sealed bidding pursuant to R7-2-1021 through R7-2-1032 and R7-2-1102 through R7-2-1105, except as authorized by R7-2-1033, R7-2-1053, R7-2-1055, and R7-2-1101.

B. For construction-manager-at-risk, design-build and job-order-contracting project delivery methods, the school district shall procure construction services pursuant to R7-2-1102 through R7-2-1115.

C. For construction-manager-at-risk project delivery method, the school district shall purchase design services pursuant to R7-2-1117 through R7-2-1123.

D. For job-order-contracting project delivery method, the school district may include design services in the job-order-contracting construction services contract, but if the school district does not include design services in the contract, the school district shall procure any design services relating to construction services projects under the contract pursuant to R7-2-1117 through R7-2-1123.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1101 Qualified Select Bidders List

A. The school district may use the qualified select bidders list method to determine the vendors who receive the notice of competitive sealed bidding for a construction contract. The qualified select bidders list shall be determined in accordance with this Section.

B. Sealed prime contractor or construction materials supplier statements of qualifications shall be solicited through requests for qualifications.

1. Notice of the request for qualifications shall be given by the school district pursuant to R7-2-1022 and R7-2-1024(C).

2. Requests for qualifications shall be issued at least 21 days before the due date and time for submission.

3. Use of the qualified select bidders list shall be restricted to the specific project identified in the request for qualifications.

4. The qualified select bidders list shall consist of at least three prime contractors when a contractor is solicited or three construction material suppliers when material suppliers are solicited.

5. The qualified select bidders list for any specific project is valid for one year but may be extended for an additional year, at the option of the school district.

C. The request for qualifications shall include the following:

1. Notice that all information and statements of qualifications submitted by persons will be made available for public inspection following the establishment of a qualified select bidders list.

2. Instructions and information to persons concerning the statement of qualifications submission requirements, including the due date and time for submission, the address of the office at which the statements of qualifications are to be received, and any other special information.

The anticipated evaluation period and selection of a qualified select bidders list.

4. General information on the project site or sites, scope of work, schedule, evaluation criteria, project design and construction budget, or life cycle budget for a procurement that includes maintenance, operations, and finance services.

5. The weight prescribed by the school district for each of the criteria to be used in making the evaluation.

6. The criteria to be used in making the evaluation, which shall include at a minimum:

a. Person's capabilities and qualifications for performing the scope of work;

b. Person's project team, and key members' education, training and qualifications;

c. Method of approach, including subcontractor plan, safety plan;

d. Safety record and worker's compensation rate;

e. Projected construction schedule;

f. Current workload;

g. Five most recent representative examples of similar work along with references for each example;

h. Current bonding availability and capacity;

i. Any judgment or liens against the person within the last three years;

j. Any current unresolved bond claims against the person;

k. Any deficiency orders issued against the prime contractor by the Arizona Registrar of Contractors within the last three years; and

l. Any filing under the United States Bankruptcy Code, assignments for the benefit of creditors, or other measures taken for the protection against creditors during the last three years.

7. The type of contract to be used.

8. The name of the district representative or district representatives.

9. The expiration date of the qualified select bidders list if less than one year.

10. A statement that the school district reserves the right to conduct interviews as part of the evaluation process.

11. The date, time and location of any pre-submittal conference.

D. The school district may conduct a pre-submittal conference not less than 14 days prior to the statement of qualifications due date and time for the purposes of explaining the requirements of the request for qualifications.

E. Amendments to request for qualifications.

1. An amendment to a request for qualifications shall be issued if necessary to do any of the following:

a. Make changes in the request for qualifications;

b. Correct defects or ambiguities;

c. Furnish to persons information given to any other person, if the information will assist the persons in submitting their statements of qualifications or if the lack of the information will prejudice the persons;

d. Provide additional information or instructions; or

e. Extend the due date and time if the school district determines that an extension is advantageous to the school district.

2. Amendments to a request for qualifications shall be so identified and the school district shall ensure that the amendments are distributed or made available to all persons to whom the original request for qualifications was distributed or made available. The school district shall make a copy of the amendments to a request for qualifications available for public inspection at the school district office. If the school district posted the request for qualifications or a notice of the availability of a request for qualifications on a designated site on the Internet, then the school district shall post any amendments to the request for qualifications on the same designated site on the Internet. The school district shall also do one or more of the following:

a. Distribute the amendment, by any method reasonably calculated to ensure delivery, to all persons to whom the request for qualifications was distributed;

b. Make the amendment available and issue a notice of amendment which contains instructions for obtaining copies of the amendment. The notice of amendment shall be distributed, by any method reasonably calculated to ensure delivery, to all persons to whom the request for qualifications was distributed. Upon receipt of such notice of amendment, it is the responsibility of the person to obtain the amendment.

3. Amendments to request for qualifications shall be issued within a reasonable time before the due date and time to allow persons to consider them in preparing their statements of qualifications. If the school district determines that the due date and time in the request for qualifications does not permit sufficient time for statement of qualifications preparation, the due date and time shall be extended in the amendment or, if necessary, by telephone, facsimile, email, or other communications methods, and confirmed in the amendment.

4. A person shall acknowledge receipt of an amendment in the manner specified in the request for qualifications or the amendment on or before the due date and time.

F. Pre-submittal modification or withdrawal of statements of qualifications

1. A person may modify or withdraw a statement of qualifications in writing at any time before the prescribed due date and time if the modification or withdrawal is received before the due date and time at the location designated in the request for qualifications for receipt of statements of qualifications.

2. All documents concerning a modification or withdrawal of a statement of qualifications shall be retained in the procurement file.

G. Late statements of qualifications, late withdrawals and late modifications

1. A statement of qualifications, modification or withdrawal is late if it is received at the location designated in the request for qualifications for receipt of statements of qualifications after the due date and time.

2. A late statement of qualifications, late modification, or late withdrawal shall be rejected, unless the statement of qualifications, modification or withdrawal would have been timely received but for the action or inaction of school district personnel and is received before the qualified select bidders list is established.

3. Upon receiving a late statement of qualifications, late modification, or late withdrawal, the school district shall record the time and date of receipt and promptly send notice of late receipt to the person. The school district may discard the document 30 days after the date on the notice unless the person requests the document be returned.

4. All documents concerning acceptance of a late statement of qualifications, late modification, or late withdrawal shall be retained in the procurement file.

H. Receipt, opening and recording statements of qualifications

A school district shall maintain a record of statements of qualifications and modifications received for each solicitation, shall record the time and date when each statement of qualifications or modification is received, and shall store each unopened statement of qualifications or modification in a secure place until the due date and time.

a. If required to confirm a vendor's inquiry regarding receipt of its statement of qualifications prior to the due date and time, a school district may open a statement of qualifications to identify the vendor. If this occurs, the school district shall record the reason for opening the statement of qualifications, the date and time the statement of qualifications was opened, and the solicitation number. The school district shall secure the statement of qualifications and retain it for public opening.

b. One or more witnesses shall be present for the opening of a statement of qualifications under subsection (H)(1)(a).

2. Statements of qualifications and modifications shall be opened publicly at the date, time and location designated in the request for qualifications in the presence of one or more witnesses. The name of each person and any other relevant information deemed appropriate by the school district shall be recorded. The person opening the statements of qualifications and all witnesses shall sign the record.

a. The record created in subsection (H)(2) shall be available for public inspection.

b. The statements of qualifications shall not be open for public inspection until after the qualified select bidders list has been established.

I. Establishing the qualified select bidders list.

1. The qualified select bidders list shall be established by determining the highest rated persons from the statements of qualifications received. This will be a minimum of three and a maximum of five.

2. For each qualified select bidders list process there will be established by the school district an evaluation committee composed of five members. These members shall include the project designer or construction material specifier, one member from the prime contracting or construction material supplier community that performs commensurate level work and is disinterested in this project, a school district facilities representative and two other members as designated by the school district.

3. The evaluation committee shall review and score each statement of qualifications received according to the established evaluation criteria. The committee shall rank the statements of qualifications in accordance with the scores.

4. The committee may conduct interviews before making the final determination of the qualified select bidders list. The committee shall document the interviews in writing.

5. The committee shall select at least three and not more than five of the highest scoring persons for the qualified select bidders list.

6. The district representative shall review the committee's qualified select bidders list. The district representative shall:

a. Accept the list as submitted;

b. Return the list for additional committee review;

c. Reject the list and terminate the process.

7. A one-year eligibility period for the qualified select bidders list shall begin on the date the district representative accepts it. The qualified select bidders list may be extended one year at the option of the school district.

8. Once the qualified select bidders list is established, a written notice of the selected persons shall be sent to all the persons that submitted statements of qualifications.

9. After the establishment of the qualified select bidders list, a written record showing the basis for determining the qualified select bidders list shall be prepared by the district representative and retained in the procurement file. Within 10 days after the qualified select bidders list has been established, the school district shall make the procurement file, including all statements of qualifications, available for public inspection.

a. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

b. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

10. The qualified select bidders shall be provided an invitation for bids in accordance with R7-2-1024 to R7-2-1032 . For any projects not identified in the request for qualifications, the school district may not solicit bids on those projects under the qualified select bidders list either in the initial one-year period or the one-year extension period.

11. The project identified in the request for qualifications shall have invitation for bids issued within the initial one-year period, or in the one-year extension period, to be awarded a contract under that qualified select bidders list.

J. Terminating the process for insufficient response or selection

1. In the event that less than three statements of qualifications are received, this procurement process shall cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

2. In the event that less than three persons are identified by the selection committee as being the most highly qualified, this procurement process shall cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

K. A copy of the request for qualifications shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1102 Bid Security

A. Bid security shall be required for all competitive sealed bidding for construction contracts, and for all competitive sealed proposals for design-build construction services or job-order-contracting construction services procured pursuant to R7-2-1111, if the price, excluding the cost of any finance services, maintenance services, operations services, design services, preconstruction services, or other related services included in the contract, is estimated by the school district to exceed the amount established by R7-2-1002(A).

B. Invitations for bid on school district construction contracts and requests for proposals for design-build construction services or job-order-contracting construction services, shall require submission of bid security as follows:

1. For design-bid-build construction services, ten percent of the contractor's bid.

2. For design-build construction services awarded by competitive sealed proposals pursuant to R7-2-1111, ten percent of the school district's construction budget for the project as stated in the request for proposals, excluding finance services, maintenance services, operations services, design services, preconstruction services or any other related services included in the contract.

3. For job-order-contracting construction services awarded by competitive sealed proposals pursuant to R7-2-1111, the amount prescribed by the school district in the request for proposals, but not more than ten percent of the school district's reasonably estimated budget for construction that the school district believes is likely to actually be done during the first year under the contract, excluding any finance services, maintenance services, operations services, design services, preconstruction services or other related services included in the contract.

C. Acceptable bid security shall be limited to:

1. An annual or one-time bid bond executed and furnished as required by A.R.S. Title 34, Chapter 2 or 6, as applicable; or

2. A certified check.

D. The school district may issue a written determination to accept the bid security if the bid security fails to comply in a nonsubstantial manner when:

1. Only one bid or proposal is received and there is not sufficient time to rebid or resolicit proposals;

2. The amount of the bid security submitted, although less than the amount required by the invitation for bids or request for proposals, is equal to or greater than the difference between the apparent low bid or highest scoring proposal and the next higher acceptable bid or next highest scoring proposal; or

3. The bid security is inadequate as a result of modifying or correcting a bid in accordance with R7-2-1027 or R7-2-1030, if the bidder increases the amount of security to required limits within two days after notification.

E. After the bids and proposals are opened, they are irrevocable for the period specified in the invitation for bids or request for proposals, except as provided in R7-2-1030 . If a bidder or offeror is permitted to withdraw its bid before award, no action may be had against the bidder or offeror or the bid security.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1103 Contract Performance and Payment Bond

A. The following bonds or security is required and is binding on the parties to the contract if the value of a construction or construction services award exceeds the amount established by R7-2-1002(A):

1. A performance bond that is executed and furnished as required under Arizona Revised Statutes Title 34, Chapter 2, Article 2 or Chapter 6, as applicable, in an amount equal to one hundred percent of the price specified in the contract conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract, except that:

a. For job-order-contracting construction services, the performance bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, pre-construction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the school district, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the school district's reasonable estimate of the amount of construction that the school district believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable.

b. For construction-manager-at-risk construction services and design-build construction services, the amount of the performance bond shall be the price of construction and shall not include the cost of any design services, preconstruction services, finance services, maintenance services, operations services and other related services included in the contract. This bond is solely for the protection of the school district. The conditions and provisions of the performance bond regarding the surety's obligations shall follow the form required under A.R.S. § 34-222(G) or A.R.S. § 34-610(G), as applicable.

c. For guaranteed energy cost savings contracts and guaranteed energy production contracts, the amount of the performance bond shall be one hundred percent of the project amount to the school district for its faithful performance of the equipment installment.

2. A payment bond that is executed and furnished as required by Arizona Revised Statutes Title 34, Chapter 2, Article 2 or Chapter 6, as applicable, in an amount equal to one hundred percent of the price specified in the contract for the protection of all persons supplying labor or material to the contractor or its subcontractors for the performance of the construction provided for in the contract, except that:

a. For job-order-contracting construction services, the payment bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the school district, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the school district's reasonable estimate of the amount of construction that the school district believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable.

b. For construction-manager-at-risk construction services and design-build construction services, the amount of the payment bond shall be the price of construction and shall not include the cost of any design services, pre-construction services, finance services, maintenance services, operations services or other related services included in the contract. The conditions and provisions of the payment bond regarding the surety's obligations shall follow the form required under A.R.S. § 34-222(F) or A.R.S. § 34-610(F), as applicable.

B. For design-bid-build construction, the bonds prescribed in subsection (A) shall be provided on and at the same time as execution of the construction contract. For construction-manager-at-risk, design-build and job-order-contracting construction services, the bonds prescribed in subsection (A) shall be provided only on and at the same time as execution of a contract or contract modification that commits the contractor to provide construction for a fixed price, guaranteed maximum price or other fixed amount within a designated time frame.

C. If the prime contract or specifications require any persons supplying labor or materials in the prosecution of the work to furnish payment or performance bonds, these bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state issued by the director of the Department of Insurance pursuant to Arizona Revised Statutes Title 20, Chapter 2, Article 1. Notwithstanding the provisions of any other statute, the bonds shall not be executed by an individual surety or sureties, even if the requirements of A.R.S. § 7-101 are satisfied.

D. If a contractor fails to deliver the required performance bond or payment bond, the contractor's bid shall be rejected, its bid security shall be enforced, and award of the contract shall be made pursuant to Articles 10 and 11.

E. This Section shall not be construed to limit the authority of the school district to require a performance bond or other security in addition to those bonds or in circumstances other than specified in subsection (A).

F. Any person who furnishes labor or material to the contractor or its subcontractors for the work provided in the contract, in respect of which a payment bond is furnished under this Section, and who has not been paid in full within 90 days from the date on which the last of the labor was performed or material was supplied by the person for whom the claim is made has the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due the person. However, any person who has a contract with a subcontractor of the contractor, but no express or implied contract with the contractor furnishing the payment bond, has a right of action on the payment bond on giving the contractor, only, a written preliminary 20-day notice as provided for in A.R.S. § 33-992.01, subsection (C)(1), (2), (3), and (4) and subsections (D), (E), and (H), and upon giving written notice to the contractor within 90 days from the date on which the last of the labor was performed or material was supplied by the person for whom the claim is made. The person shall state in the notice the amount claimed and the name of the party for whom the labor was performed or to whom the material was supplied. The notice shall be personally served or sent by registered mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. The term "one hundred" was changed to "100" to reflect current standards in Chapter style and format (Supp. 21-2).

Ariz. Admin. Code § R7-2-1104 Contract Payment Retention and Substitute Security

A. Ten percent of all construction contract payments shall be retained by the school district as insurance of proper performance of the contract or, at the option of the contractor, a substitute security may be provided by the contractor pursuant to this Section. The contractor is entitled to all interest from any such substitute security. When the contract is fifty percent completed, one-half of the amount retained or securities substituted pursuant to this Section shall be paid to the contractor upon the contractor's request provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty percent completed, no more than five percent of the amount of any subsequent progress payments made under the contract shall be retained providing the contractor is making satisfactory progress on the project, except if at any time the governing board determines satisfactory progress is not being made, ten percent retention shall be reinstated for all progress payments made under the contract subsequent to the determination.

B. Notwithstanding subsection (A), there shall be no retention for job-order-contracting construction services contracts. The school district may elect to have no retention for construction-manager-at-risk and design-build construction services contracts. If the school district elects to have retention, then payment retention for construction-manager-at-risk and design-build contracts shall be in accordance with this Section.

C. Retention applies only to amounts payable for construction and does not apply to amounts payable for design services, preconstruction services, finance services, maintenance services, operations services, or any other related services included in the contract.

D. The form of substitute security is limited to the following:

1. An assignment of time certificates of deposit by financial institutions licensed by this state;

2. Share certificate of a financial institution or credit union authorized to transact business in this state; or

3. Security issued or guaranteed as to principal and interest by:

a. The United States;

b. The state;

c. Counties, municipalities and school districts within this state.

E. Conditions for use of substitute security.

1. A contractor may submit substitute security to replace contract payment retention if:

a. The use of substitute security is requested of the school district or designee for work performed under the contract. The contractor shall have the option of submitting the substitute security:

i. Prior to each progress payment in an amount of no less than five percent of each progress payment; or

ii. Once, prior to the first progress payment in an amount no less than five percent of the total contract amount.

b. The interest earned on such security shall accrue to the benefit of the contractor, but shall be retained until the school district has approved completion and acceptance of all work to be performed under the contract;

c. The term of such security shall not mature until after the estimated contract completion date; and

d. The security shall mature no later than one year after the estimated contract completion date.

2. The substitute security shall not be released without written approval by the school district.

3. A contractor may submit a single substitute security for more than one project provided that:

a. The amount of such security is sufficient to cover the aggregate retention amount;

b. The school district determines that such single substitute security is advantageous to the school district; and

c. Such security complies with the requirements of subsection (E)(1).

F. Any retention shall be paid or substitute security shall be returned to the contractor within 60 days after final completion and acceptance of work under the contract. Retention of payments by a school district longer than 60 days after final completion and acceptance requires a specific written finding by the governing board of the reasons justifying the delay in payment. No school district may retain any monies after 60 days which are in excess of the amount necessary to pay the expenses the governing board reasonably expects to incur in order to pay or discharge the expenses determined in the finding justifying the retention of monies.

G. The school district shall not accept any substitute security unless accompanied by a signed and acknowledged waiver of any right or power of the obligor to set off any claim against either the school district or the contractor in relationship to the security assigned. In any instance in which the school district accepts substitute security as provided in this Section, any subcontractor undertaking to perform any part of the contract is entitled to provide such security to the contractor.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1105 Progress Payments

A. Progress payments may be made by the school district to the contractor on the basis of a duly certified and approved estimate of the work performed during the preceding month if the contractor agrees to adhere to the provisions of A.R.S. § 41-2577(B), (D), and (F). Payment shall be made within 14 days after the estimate of the work is certified and approved, except that a percentage of all estimates shall be retained as provided in R7-2-1104 . The estimate of the work shall be deemed received by the school district on submission of the estimate of the work to the school district or a person designated by the school district for the submission, review or approval of the estimate of the work. An estimate of the work submitted under this Section shall be considered approved and certified after seven days from the date of submission unless before that time the school district or designee prepares and issues a specific written finding detailing those items in the estimate of the work that are not approved and certified under the contract or design professional service contract. The school district may withhold an amount from the progress payment sufficient to pay the expenses the school district reasonably expects to incur in correcting the deficiency set forth in the written finding. No contract for construction or design professional service contract may materially alter the rights of any contractor, subcontractor, design professional or material supplier to receive prompt and timely payment as provided under this Section. On completion and acceptance of separate divisions of the contract or design professional service contract on which the price is stated separately in the contract, payment may be made in full including retained percentages, less deductions, unless a substitute security has been provided pursuant to R7-2-1104.

B. Progress payments pursuant to subsection (A) are authorized for construction services and design professional services contracts. The requirements of subsection (A) apply only to amounts payable in a construction services contract for construction and in a contract for design services and do not apply to amounts payable in a contract for preconstruction services, finance services, maintenance services, operations services or any other related services included in the contract.

C. A subcontractor or design professional may notify the school district, in writing, requesting that the subcontractor or design professional be notified by the school district in writing within five days from payment of each progress payment made to the contractor. The subcontractor's or design professional's request remains in effect for the duration of the subcontractor's or design professional's work on the project.

D. If any payment to a contractor is delayed after the date due, interest shall be paid at the rate of one percent per calendar month, or a fraction of a calendar month, on such unpaid balance as may be due.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1106 Procurement of Construction Using Alternative Project Delivery Methods

A. A school district may use an alternative project delivery method if it determines in writing that such alternative project delivery method is advantageous to the school district. The following factors may be used for such determination:

1. Cost and cost control method;

2. Value engineering;

3. Market conditions;

4. Schedule;

5. Required specialized expertise;

6. Technical complexity of the project; or

7. Project management.

B. Use of alternative project delivery methods

1. Alternative project delivery methods for construction services shall be procured as provided in R7-2-1100.

2. For design-build construction services and construction-manager-at-risk construction services, the school district is limited to one contract per procurement.

a. Alternatively, for construction-manager-at-risk construction services, a school district may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

b. Alternatively, for design-build construction services, a school district may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services.

c. If the school district enters into the first contract for preconstruction services or construction services the procurement ends. After execution of that first contract the school district may not use the procurement or the existing final list in the procurement as the basis for entering into a contract with any other person that participated in the procurement.

For job-order-contracting construction services, the school district may award a single contract, or multiple contracts for similar job-order-contracting construction services to be awarded to separate persons. If the school district enters into the number of contracts specified under the request for qualifications, the procurement ends. After that time the school district may not use the procurement or any existing final list in the procurement as the basis for entering into a contract with any other person that participated in the procurement.

4. All construction-manager-at-risk construction services or design-build construction services included in a procurement shall be limited to construction services to be performed at a single location, a common location or, if the construction services are all for a similar purpose, multiple locations. For construction-manager-at-risk construction services and design-build construction services to be performed at multiple locations:

a. At the time the request for qualifications is issued, the school district shall intend to commence all construction at each location within thirty months after execution of the first contract for preconstruction services or other construction services at any of the locations.

b. The request for qualifications shall include the information described in R7-2-1108(B)(2).

5. The school district and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this Section and R7-2-1107, R7-2-1108, R7-2-1110, and R7-2-1111, including the selection of persons to be interviewed, the selection of persons to be on the final list, in determining the order of preference of persons on the final list or for any other purpose in the selection process, except as provided in R7-2-1110(D) and R7-2-1111.

6. In determining the persons to participate in any interviews, in determining the persons to be on the final list, and in determining the order on the final list, the selection committee shall use and consider only the criteria and weighting of criteria in the request for qualifications. No other factors or criteria may be used in the evaluation, determinations and other actions.

7. Notwithstanding any other provision specifying the number of persons to be interviewed, the number of persons to be on a final list, or any other numerical specification in R7-2-1106 through R7-2-1115:

a. If a smaller number of persons respond to the request for qualifications or if one or more persons drop out of the procurement so there is a smaller number of persons participating in the procurement, the school district, as the school district determines necessary and appropriate, may elect to proceed with the participating persons if there are at least two participating responsive and responsible persons. Alternatively, the school district may elect to terminate the procurement.

b. As to a request for qualifications to be negotiated pursuant to R7-2-1110(D), if only one responsive and responsible person responds to the request for qualifications or if one or more persons drop out of the procurement so that only one responsive and responsible person remains in the procurement, the school district may elect to proceed with the procurement with only one person if the governing board determines in writing that the negotiated fee is fair and reasonable and that either other prospective persons had reasonable opportunity to respond or there is not adequate time for a resolicitation.

c. If a person on the final list withdraws or is removed from the procurement and the selection committee determines that it is advantageous to the school district, the selection committee may replace that person on the final list with another person that submitted qualifications in the procurement and that is selected as the next most qualified.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1107 Selection Committee

A. The school district shall initiate an appropriately qualified selection committee for each request for qualifications. The school district shall ensure that selection committee members are competent to serve on the selection committee.

B. Each selection committee shall include at least one school district representative appointed by the school district.

C. The selection committee shall not have more than seven members and shall include at least one person who is a senior management employee of a licensed contractor and one person who is an architect or an engineer who is registered pursuant to A.R.S. § 32-121.

D. Non-school district employees serving on a selection committee shall not receive compensation from the school district for performing this service, but the school district may elect to reimburse non-school district members for travel, lodging and other expenses incurred in connection with service on a selection committee.

E. A person who is a member of a selection committee shall not be a contractor or subcontractor under a contract awarded under the procurement or provide any specified professional services, construction, construction services, materials or other services under the contract.

F. For the procurement of multiple contracts for job-order-contracting, the same selection committee shall be used for all contracts in the procurement.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1108 Request for Qualifications

A. Notice of the need for construction services shall be given by the school district pursuant to R7-2-1022 and R7-2-1024(C) . Such notice shall be issued not less than 14 days in advance of when responses shall be received. The notice shall:

Contain a statement of the construction services required that adequately describes the procurement and specifies how a request for qualifications containing specific information on the procurement may be obtained;

2. Specify whether the procurement is for a single contract or, for job-order-contracting construction services only, for multiple contracts; and

3. If the procurement is for multiple job-order-contracting construction services contracts:

a. Specify that multiple contracts may or will be awarded;

b. Specify the number of contracts that may or will be awarded; and

c. Describe the construction services to be performed under each contract.

B. The request for qualifications shall include the following:

1. Instructions and information to persons concerning the statement of qualifications submission requirements, including the due date and time for receipt of statements of qualifications, the address of the office at which the statements of qualifications are to be received, and any other special information.

2. In a procurement of construction-manager-at-risk construction services or design-build construction services to be performed at multiple locations, include:

a. A brief description of the construction services to be performed at each location;

b. The estimated budget for the construction services to be performed at each location; and

c. A schedule for the construction services to be performed at each location that shows the school district's intent to commence all construction at each location within thirty months after execution of the first contract for preconstruction services or other construction services at any of the locations.

3. General information on the project site, scope of work, schedule, selection criteria, project design and construction budget, or life cycle budget for a procurement that includes maintenance, operations, and finance services.

4. The criteria and the weight prescribed by the school district for each of the criteria to be used in making the evaluation.

a. All selection criteria shall be factors that demonstrate competence and qualifications for the type of construction services included in the procurement.

b. One of the criteria shall be the person's subcontractor selection plan or procedures to implement the school district's subcontractor selection plan.

c. If interviews will be held, state the selection criteria and relative weights to be used in selecting the persons to be interviewed. The request for qualifications may state the selection criteria and relative weights to be used in selecting the persons on the final list and in determining their order on the final list. The final list selection criteria and relative weights may be different than the selection criteria and relative weights used to determine the persons to be interviewed. The request for qualifications also shall state whether the school district will select the persons on the final list and their order on the final list solely through the results of the interview process or through the combined results of both the interview process and the evaluation of statements of qualifications and performance data submitted in response to the school district's request for qualifications.

d. If interviews will not be held, state the selection criteria and relative weights to be used in selecting the persons on the final list and in determining their order on the final list.

5. Whether one contract or multiple contracts may or will be awarded.

a. For design-build construction services, construction-manager-at-risk construction services, and a single contract for job-order-contracting construction services, state that one person may or will be awarded the contract.

b. For multiple contracts for similar job-order-contracting construction services, state the number of contracts that may or will be awarded, the job-order-contracting construction services to be performed under each of the contracts, and that each of the multiple contracts will be awarded to a separate person.

6. In a procurement where the contract is to be negotiated under R7-2-1110(D):

a. State that there will be a single final list of at least three and not more than five persons for a design-build, construction-manager-at-risk, or single job-order-contracting construction services award.

b. In a procurement for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons, state that there will be a single final list and the number of persons on the final list, which shall be the sum of the number of contracts that may or will be awarded, plus another number that is determined by the school district and that is not more than five.

7. In a procurement in which the contract will be awarded under R7-2-1111:

a. State that there will be a single final list and that the number of persons on the final list will be three for a design-build or single job-order-contracting construction services award.

b. In a procurement for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons, state that there will be a single final list and the number of persons on the final list, which shall be the sum of the number of contracts that may or will be awarded, plus another number that is determined by the school district and that is not more than five.

8. The type of contract to be used.

9. The name of the district representative or district representatives and the publicly available location of the school district's protest policy and procedures.

10. If the school district will hold interviews as part of the selection process:

a. State that interviews will be held and that the interviews will be with at least three and not more than five persons for a design-build, construction-manager-at-risk, or single job-order-contracting construction services procurement.

b. In a procurement for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons, state that interviews will be held and that the interviews will be with a specified number of persons. The specified number shall be stated in the request for qualifications, shall be determined by the school district and shall be the sum of the number of contracts that may or will be awarded, plus another number that is determined by the school district and that is not more than five.

11. The manner in which subcontractors shall be selected, either:

a. A requirement that each person submit a proposed subcontractor selection plan and a requirement that the proposed subcontractor selection plan shall select subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone; or

b. A subcontractor selection plan adopted by the school district that applies to the person that is selected to perform the construction services and that requires subcontractors to be selected based on qualifications alone or on a combination of qualifications and price and not based on price alone and a requirement that each person shall submit a description of the procedures it proposes to use to implement the school district's subcontractor selection plan.

12. Notice that all information and statements of qualifications submitted by persons will be made available for public inspection after the school district has entered into a single contract or all of the multiple contracts.

C. A copy of the request for qualifications shall be made available for public inspection at the school district office.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1109 Receipt and Opening of Statements of Qualifications, Technical Proposals and Price Proposals for Design-build and Job-order-contracting

The school district shall issue notice of competitive sealed bidding for a construction contract to all vendors registered for such work on the school district's prospective bidders list. Such notice shall be issued in accordance with R7-2-1024 or R7- 2-1022 if required, or if not required but the district so chooses.

A. Statements of qualifications, technical proposals and price proposals shall be received and opened in accordance with R7-2-1045 . Late statements of qualifications, proposals, modifications, or withdrawals shall be considered in accordance with R7-2-1044 and R7-2-1049.

B. A school district may cancel a request for qualifications or a request for proposals, reject in whole or in part any or all statements of qualifications or proposals or determine not to enter into a contract as specified in the solicitation if it is advantageous to the school district. The school district shall make the reasons for cancellation, rejection or determination not to enter into a contract part of the procurement file.

History

• New Section made by exempt rulemaking at 13 A.A.R. 1266, effective February 26, 2007 (Supp. 07-1). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1110 Committee Evaluation and Contract Award

As an alternative to R7-2-1109, the school district may use the qualified select bidders list method to determine the vendors who receive the notice of competitive sealed bidding for a construction contract. The qualified select bidders list shall be determined in accordance with this subsection.

A. If interviews are specified in the request for qualifications:

1. The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in the request for qualifications to be used to determine the persons to be interviewed.

2. If the selection criteria and relative weights to be used by the selection committee to select the persons on the final list and to determine their order on the final list are not included in the request for qualifications:

a. Before the interviews are held the school district shall distribute to the persons to be interviewed the selection criteria and relative weights to be used to select the persons on the final list and to determine their order on the final list.

b. These selection criteria and relative weights may be different than the selection criteria and relative weight used to determine the persons to be interviewed.

3. The selection committee shall conduct interviews with the number of persons specified in the request for qualifications.

B. Based solely on the selection criteria and relative weights for selection of the persons on the final list and their order on the final list, the selection committee shall select the persons for the final list and, in the case of a final list for a contract that will be negotiated under subsection (D), rank the persons in order of preference.

1. Requests for Qualifications shall be issued at least 21 days before the time and date set for submission.

2. Use of the qualified select bidders list shall be restricted to the specific project(s) identified in the request for qualifications.

3. The qualified select bidders list must consist of at least three prime contractors when a contractor is solicited or three construction material suppliers when material suppliers are solicited.

4. The qualified select bidders list for any specific project(s) is valid for one year but may be extended for an additional year, at the option of the school district.

C. The school district shall make the following notifications regarding the final lists:

1. If the contract will be negotiated under subsection (D) before or at the same time as the school district notifies the highest ranking person on the final list that it is the highest ranking person, the school district shall send actual notice to each of the following that it is not the highest ranking person or that another person is the highest ranking person:

a. If interviews were held, the other persons interviewed.

b. If interviews were not held, the other persons that made submittals.

c. The anticipated evaluation period and selection of a qualified select bidders list.

d. General information on the project site(s), scope of work, schedule, selection criteria, project design and construction budget, or life-cycle budget for a procurement that includes maintenance, operations, and finance services.

e. The weight prescribed by the school district for each of the criteria to be used in making the evaluation.

f. The criteria to be used in making the evaluation, which shall include at a minimum:

i. Firm's capabilities and qualifications for performing the scope of work;

ii. Contractors' or materials suppliers' project team, and key members' education, training and qualifications;

iii. Method of Approach, including subcontractor plan, safety plan;

iv. Safety record and worker's compensation rate;

v. Projected construction schedule;

vi. Current workload;

vii. Five most recent representative examples of similar work along with references for each example;

viii. Current bonding availability and capacity;

ix. Any judgment or liens against the prospective proposer within the last three years;

x. Any current unresolved bond claims against the prospective proposer;

xi. Any deficiency orders issued against the prime contractor by the Arizona Registrar of Contractors within the last three years; and

xii. Any filing under the United States Bankruptcy Code, assignments for the benefit of creditors, or other measures taken for the protection against creditors during the last three years.

g. The type of contract to be used.

h. The name of the district representative(s).

i. The expiration date of the qualified select bidders list if less than one year.

j. The district reserves the right to conduct interviews as part of the evaluation process.

2. If the contract will be awarded under R7-2-1111, before or at the same time as the school district notifies the persons on the final list that they are on the final list, the school district shall send actual notice to each of the following persons that they are not on the final list or that other persons are on the final list:

a. If interviews were held, the other persons interviewed.

b. If interviews were not held, the other persons that made submittals.

D. The school district shall conduct negotiations with persons on the final list as follows:

1. The negotiations shall include consideration of compensation and other contract terms that the school district determines to be fair and reasonable to the school district. In making this decision, the school district shall take into account the estimated value, the scope, the complexity and the nature of the construction services to be rendered.

2. If the procurement is for a single contract, there is one final list and the school district shall enter into negotiations with the highest qualified person on the final list. If the school district is not able to negotiate a satisfactory contract with the highest qualified person on the final list, at compensation and on other contract terms the school district determines to be fair and reasonable, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations with the next most qualified person on the final list in sequence until an agreement is reached or a determination is made to reject all persons on the final list.

3. If the procurement is for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons, there is one final list and the school district shall enter into separate negotiations for contracts with the number of the highest qualified persons on the final list equal to the number of contracts to be awarded. If the school district is not able to negotiate a satisfactory contract with a person with whom the school district has commenced negotiations, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations for a contract with the next most qualified person on the final list with whom the school district is not then negotiating and with whom the school district has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons on the final list.

4. If the school district terminates negotiations with a person and commences negotiations with another person on the final list, the school district shall not recommence negotiations or enter into a contract for the construction services covered by the final list with any person with whom the school district terminated negotiations.

E. Amendments to Request For Qualifications

1. An amendment to a request for qualifications shall be issued if necessary to do any of the following:

a. Make changes in the Request for Qualifications;

b. Correct defects or ambiguities; or

c. Furnish to prospective proposers information given to any other prospective proposer, if the information will assist the prospective proposers in submitting their qualifications proposal or if the lack of the information will prejudice the prospective proposers.

2. Amendments to request for qualifications shall be so identified and shall be distributed to all persons to whom the original request for qualifications was distributed by the school district.

3. Amendments to request for qualifications shall be issued within a reasonable time before the submittal date to allow prospective proposers to consider them in preparing their qualification proposals. If the school district determines that the time and date set forth in the request for qualifications does not permit sufficient time for proposal preparation, the time and date for the submittal shall be extended in the amendment or, if necessary, by telegram, telephone, or electronic communication and confirmed in the amendment.

F. Pre-submittal Modification or Withdrawal of Qualifications Proposals

1. A prospective proposer may modify or withdraw its proposal at any time before the prescribed submittal deadline if the modification or withdrawal is received before the time and date set for the submittal at the location designated in the request for qualifications.

2. All documents concerning a modification or withdrawal of a proposal shall be retained in the official records of the school district.

G. Late Submittals, Late Withdrawals and Late Modifications

1. A submittal, modification or withdrawal is late if it is received at the location designated in the request for qualifications for receipt of qualification proposals after the time and date set for the submittal.

2. A late qualification proposal, late modification, or late withdrawal shall be rejected, unless the qualifications proposal, modification or withdrawal would have been timely received but for the action or inaction of school district personnel and is received before the qualified select bidders list is established.

3. Prospective proposers submitting qualifications proposals, modifications, or withdrawals that are rejected as late shall be so notified as soon as practicable.

4. All documents concerning acceptance of a late qualifications proposal, late modification, or late withdrawal shall be retained in the official records of the school district.

H. Receipt, Opening and Recording Qualifications Proposals

1. Each qualifications proposal and modification shall be time and date stamped upon receipt and stored unopened in a secure place until the date and time set forth in the request for qualifications.

2. Qualifications proposals and modifications shall be opened publicly at the date and time designated in the request for qualifications and in the presence of one or more witnesses. The name of each proposer and any other relevant information deemed appropriate by the school district shall be recorded. The record shall be available for public inspection.

3. After the qualified select bidders list is established, the qualification proposals shall be available for public inspection, except that portion of a qualifications proposal that was designated as confidential pursuant to R7-2-1005 shall remain confidential from and after the time of the submittal deadline.

I. Establishing the Qualified Select Bidders List

1. The qualified select bidders list shall be established by determining the highest rated proposers from the qualification proposals received. This will be a minimum of three and a maximum of five.

2. The determinations of the highest rated proposers shall be accomplished by having each member of the evaluation committee rate each proposal as to the established criteria for evaluation.

3. For each qualified select bidders list process there will be established by the school district an evaluation committee composed of five members. These members shall include the project designer(s) or construction material specifier(s), one member from the prime contracting/construction material supplier community that performs commensurate level work and is disinterested in this project, a school district facilities representative and two other members as designated by the school district.

4. The evaluation committee shall review and rate each proposal received according to the established evaluation criteria. The committee members shall make written notes as appropriate and submit those notes and their evaluation scores to the school district procurement agent. The school district procurement agent shall add the evaluation committee's scores for each qualification proposal and shall sign, date and submit those results to the evaluation committee for final determination of the three to five highest rated proposers, which will then constitute the qualified select bidders list. A one-year eligibility period for the qualified select bidders list shall begin on the date the school district procurement agent signs the evaluation results, and may be extended one year at the option of the school district.

5. After the initial evaluation, the committee may conduct interviews with the proposers that have been identified to be the most highly qualified before making the final determination of the qualified select bidders list. The committee members shall make written notes as appropriate and submit those notes and their evaluation scores to the school district procurement agent. The school district procurement agent shall add the evaluation committee's scores for each qualification proposal and shall sign, date and submit those results to the evaluation committee for final determination of the three to five highest rated proposers, which will then constitute the qualified select bidders list. A one-year eligibility period for the qualified select bidders list shall begin on the date the school district procurement agent signs the evaluation results, and may be extended one year at the option of the school district.

6. Once the qualified select bidders list is established, a written notice of the selected proposers will be sent to all the proposers.

7. After the establishment of the qualified select bidders list, a written record showing the basis for determining the qualified select bidders list shall be prepared by the school district procurement agent, retained in the official records of the school, and made available to the public for review.

8. The qualified select bidders shall then be provided an invitation for bid, which shall follow the established School District Procurement Rules, Arizona Administrative Code, Article 10, R7-2-1024 to R7-2-1032 . For any projects not identified in the Requests for Qualifications, the district may not solicit bids on those projects under the qualified select bidders list either in the initial one-year period or the one-year extension period.

9. Projects identified in the solicitation must have invitation for bids issued within the initial one-year period, or in the one-year extension period, to be awarded a contract under that qualified select bidders list.

J. Less Than Three Proposals Are Received

1. In the event that less than three qualifications proposals are received, this procurement process will cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

2. In the event that less than three proposers are identified by the selection committee as being the most highly qualified, this procurement process will cease and the school district may elect to reissue the request for qualifications or pursue other procurement methods.

K. School districts that use the qualified select bidders list method to procure construction services shall adhere to the reporting requirements in R7-2-1116(O) .

History

• New Section made by exempt rulemaking at 13 A.A.R. 1266, effective February 26, 2007 (Supp. 07-1). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1111 Alternative Procedure for Design-build or Job-order-contracting Construction Services

A. As an alternative to R7-2-1110(D), the school district may award a single contract for design-build construction services or a single or multiple contracts for similar job-order-contracting construction services pursuant to this Section.

B. The school district shall use the selection committee appointed for the request for qualifications pursuant to R7-2-1107.

C. The school district shall issue a request for proposals to the persons on the final list developed pursuant to R7-2-1110(A) through (C) . The request for proposals shall be issued at least 14 days before the due date and time for receipt of proposals unless a shorter time is determined necessary by the school district.

1. An annual or one-time bid bond underwritten by a surety company licensed to issue bid bonds in this state; or

2. A certified or cashier's check.

D. The request for proposals shall include the following:

1. A statement that the procurement is for a single contract or, for similar job-order-contracting construction services only, for multiple contracts.

2. If the procurement is for multiple contracts for similar job-order-contracting construction services, the notice shall specify that multiple contracts will be awarded, shall specify the number of contracts that will be awarded, shall specify the number of offerors to whom contracts will be awarded which shall be the number of contacts in the procurement, and shall describe the job-order-contracting services to be performed under each contract.

Instructions and information to persons concerning the proposal submission requirements, including the due date and time for receipt of proposals, the address of the office at which proposals are to be received, the proposal acceptance period, and any other special information.

4. The school district's project schedule and project final budget for design and construction or life cycle budget for a procurement that includes maintenance services or operations services.

5. If a single contract will be awarded, a statement that the contract will be awarded to the person whose proposal receives the highest number of points under a scoring method. If multiple contracts for similar job-order-contracting services will be awarded, a statement that the multiple contracts will be awarded to a specified number of offerors whose proposals receive the highest number of points under a scoring method. The specified number of offerors will be the number of contracts included in the procurement.

6. A description of the scoring method, including a list of the factors in the scoring method and the number of points allocated to each factor.

7. For design-build constructions services only, the design requirements, including the required features, functions, characteristics, qualities and properties, the anticipated schedule, including start, duration and completion, and the estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance. Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by an architect or engineer, as appropriate, and additional design information or documents specified by the school district, may also be included.

8. A requirement that each offeror submit separately a technical proposal and a price proposal and that the offeror's entire proposal is responsive to the requirements in the request for proposals. For design-build construction services, the price in the price proposal shall be a fixed price or a guaranteed maximum price.

9. A statement that in applying the scoring method, the selection committee will separately evaluate and score the technical proposal before opening, evaluating, and scoring the price proposal.

10. If the school district desires to conduct discussions with offerors, a statement that discussions may be held and a requirement that each offeror submit a preliminary technical proposal before the discussions are held.

11. Type of contract to be used.

12. That offerors may designate as proprietary portions of the proposal.

13. Notice that all information and proposals submitted by offerors, except as stated in subsection (D)(12), will be made available for public inspection after the school district has entered into a single contract or all of the multiple contracts.

14. The contract terms and conditions, including warranty and bonding or other security requirements, as applicable.

15. The name of the district representative or district representatives.

16. If the request for proposals incorporates documents by reference, the request for proposals shall specify where such documents may be obtained.

E. The factors in the scoring method described in the request for proposals may include:

1. For design-build construction services only, demonstrated compliance with the design requirements.

2. Offeror qualifications.

3. Offeror financial capacity.

4. Compliance with the school district's project schedule.

5. For design-build construction services only, if the request for proposals specifies that the school district will spend its project budget and not more than its project budget and is seeking the best proposal for the project budget, compliance of the offeror's price or life cycle price for procurements that include maintenance services, operations services or finance services with the school district's budget as prescribed in the request for proposals.

6. For design-build construction services if the request for proposals does not contain the specifications prescribed in subsection (E)(5) and for job-order-contracting construction services, the price or life cycle price for procurements that include maintenance services, operations services or finance services.

7. An offeror quality management plan.

8. Other evaluation factors that demonstrate competence and qualifications for the type of construction services in the request for proposals as determined by the school district, if any.

F. If determined by the school district and included in the request for proposals, the selection committee shall conduct discussions with all offerors that submit preliminary technical proposals. Discussions shall be for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair treatment with respect to any opportunity for discussion and for clarification by the school district. Revision of preliminary technical proposals shall be permitted after submission of preliminary technical proposals and before award for the purpose of obtaining best and final proposals. In conducting any discussions, information derived from proposals submitted by competing offerors shall not be disclosed to other competing offerors.

G. After completion of any discussions pursuant to subsection (F) or if no discussions are held, each offeror shall submit separately its final technical proposal and its price proposal.

H. Before opening any price proposal, the selection committee shall open and evaluate the final technical proposals and score the final technical proposals using the scoring method in the request for proposals. No other factors or criteria may be used in evaluation and scoring.

I. After completion of the evaluation and scoring of all final technical proposals, the selection committee shall open, evaluate and score the price proposals, and complete scoring of the entire proposals using the scoring method in the request for proposals. No other factors or criteria may be used in evaluation and scoring.

J. The school district shall award the contract to the responsive and responsible offeror whose proposal receives the highest score under the method of scoring in the request for proposals. No other factors or criteria may be used in evaluation and award.

K. For procurements of multiple contracts for similar job-order-contracting construction services, the school district may award up to the number of contracts specified in the request for proposals.

L. Before or at the same time as the school district notifies the selected offeror of contract award, the school district shall notify all other offerors of the award.

M. For design-build construction services only, the school district shall award a stipulated fee equal to a percentage of the school district's project final budget for design and construction, as prescribed in the request for proposals, but not less than two-tenths of one percent of the project final budget for design and construction to each final list offeror who provides a responsive, but unsuccessful, proposal. If the school district does not award a contract, all responsive final list offerors shall receive the stipulated fee based on the school district's project final budget for design and construction as included in the request for proposals. The school district shall pay the stipulated fee to each offeror within 90 days after the award of the initial contract or the decision not to award a contract. In consideration for paying the stipulated fee, the school district may use any ideas or information contained in the proposals in connection with any contract awarded for the project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the offerors. Notwithstanding the other provisions of this subsection, an offeror may elect to waive the stipulated fee. If an offeror elects to waive the stipulated fee, the school district may not use ideas and information contained in the offeror's proposal, except that this restriction does not prevent the school district from using any idea or information if the idea or information is also included in a proposal of an offeror that accepts the stipulated fee.

N. The procurement file shall contain the basis on which the award is made, including at a minimum the information and documents required under R7-2-1115.

O. A copy of the request for proposals shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1112 Contractor Licenses, Contract and Performance Requirements

A. Notwithstanding any other rule:

1. The contractor for design-build or job-order-contracting construction services is not required to be registered to perform design services pursuant to A.R.S. Title 32, Chapter 1 if the person actually performing the design services on behalf of the contractor is appropriately registered.

2. The contractor for construction-manager-at-risk, design-build or job-order-contracting construction services shall be licensed to perform construction pursuant to A.R.S. Title 32, Chapter 10.

3. The school district shall obtain and maintain a record of proof in the procurement file that a construction or construction services provider that has been awarded a contract with the school district, or through a cooperative purchasing agreement, has a license in good standing to perform construction work pursuant to A.R.S. Title 32, Chapter 10. The license shall be active on the day the contract is awarded. This paragraph does not require licensure for professions that are not licensed pursuant to A.R.S. Title 32, Chapter 10.

B. In a procurement for construction-manager-at-risk construction services or design-build construction services, except for design-build contracts awarded pursuant to R7-2-1111, the school district shall enter into a written contract with the contractor for preconstruction services under which the school district shall pay the contractor a fee for preconstruction services in an amount agreed by the school district and the contractor, and the school district shall not request or obtain a fixed price or a guaranteed maximum price for the construction from the contractor or enter into a construction contract with the contractor until after the school district has entered into the written contract for preconstruction services and a preconstruction services fee.

C. Construction shall not commence under a construction services contract until the school district and contractor agree in writing on either a fixed price that the school district will pay or a guaranteed maximum price for the construction to be commenced. The construction to be commenced may be the entire project or may be one or more phased parts of the project.

D. For negotiated construction-manager-at-risk and design-build contracts, preconstruction services, general conditions, schedules, construction contingency, and construction fees shall be part of the contract. For design-build contracts awarded pursuant to a request for proposals, the fees shall be included in the vendor's proposal and shall become part of the awarded contract.

E. For job-order-contracting construction services only:

1. The maximum dollar amount of an individual job order for job-order-contracting construction services shall be one million dollars or a higher or lower amount prescribed by the governing board in a policy adopted in a public meeting held pursuant to A.R.S. Title 38, Chapter 3, Article 3.1. Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies the requirements of this subsection.

2. If the contractor subcontracts or intends to subcontract part or all of the work under a job order and if the job-order-contracting construction services contract includes descriptions of standard individual tasks, standard unit prices for standard individual tasks and pricing of job orders based on the number of units of standard individual tasks in the job order:

a. The contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the contractor to do all or part of the work under one or more job orders a copy of the descriptions of all standard individual tasks on which the subcontractor is invited to bid and a copy of the standard unit prices for the individual tasks on which the subcontractor is invited to bid.

b. If not previously delivered to the subcontractor, the contractor has a duty to promptly deliver to each subcontractor invited to or that has agreed to do any of the work included in any job order a copy of the description of each standard individual task that is included in the job order and that the subcontractor is invited to perform, the number of units of each standard individual task that is included in the job order and that the subcontractor is invited to perform, and the standard unit price for each standard individual task that is included in the job order and that the subcontractor is invited to perform.

F. For all construction services contracts, the contractor performing the construction services is permitted to self-perform part of the construction work, if and to the extent agreed in writing by the school district and the contractor. The school district may use methods other than competitive bidding to assure itself that the price the school district pays to the contractor for self-performed work is fair and reasonable. Permitted methods to evaluate fairness and reasonableness of the price of self-performed work include evaluation of the contractor's proposed scope of work and price for self-performed work by an estimator who is hired and paid by the school district, who is independent of the contractor and who may be an employee of the school district. Although the school district may elect to so require, nothing in Articles 10 and 11 shall be construed or interpreted to require the school district to require a contractor desiring to self-perform part of the construction work to competitively bid that part of the construction work against other contractors in a bid competition.

G. For all construction services contracts, the following requirements apply to the construction work to be performed by subcontractors and do not apply to construction work that the school district and the contractor agree in writing will be self-performed by the contractor:

1. The person selected to perform the construction services shall select subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone. A qualifications and price selection may be a single-step selection based on a combination of qualifications and price or a two-step selection. In a two-step selection, the first step shall be based on qualifications alone and the second step may be based on a combination of qualifications and price or on price alone.

2. The school district shall include in each contract:

a. If the school district included its subcontractor selection plan in the request for qualifications, the school district's subcontractor selection plan and the procedures to implement the school district's subcontractor selection plan proposed by the awarded contractor in submitting its qualifications with those modifications to the procedures as the school district and the contractor agree.

b. If the school district did not include its subcontractor selection plan in the request for qualifications, the subcontractor selection plan proposed by the awarded contractor in submitting its qualifications with those modifications as the school district and the contractor agree.

3. In making the selection of subcontractors, the contractor shall use the subcontractor selection plan and any procedures included in its contract.

H. The school district shall include in each contract for construction services the full street or physical address of each separate location at which the construction will be performed and a requirement that the contractor and each subcontractor at any level include in each of its subcontracts the same address information. The contractor and each subcontractor at any level shall include in each subcontract the full street or physical address of each separate location at which construction work will be performed.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final rulemaking at 24 A.A.R. 3283, effective 10/22/2018.

Ariz. Admin. Code § R7-2-1113 Prohibitions

Bid bonds, performance bonds, and labor and material payment bonds required by this Article shall be executed on forms substantially equivalent to SPO 301, SPO 302, and SPO 303, respectively, which are attached to this Article, marked as Exhibits A, B and C.

A. Notwithstanding any contrary provision of Articles 10 and 11, a school district shall not enter into a contract to provide construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services.

B. The prohibitions prescribed in subsection (A) do not prohibit a school district from providing construction for itself as provided by law.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1114 Bid Security, Contract Performance and Payment Bonds, and Payment and Retention

A. Bid security shall be provided pursuant to R7-2-1102.

B. Contract performance and payment bonds shall be provided pursuant to R7-2-1103 .

1. An assignment of time certificates of deposit by financial institutions licensed by this state;

2. Share certificate of a savings and loan institution or credit union authorized to transact business in this state; or

3. Security issued or guaranteed as to principal and interest by:

a. The United States;

b. The state;

c. Counties, municipalities and school districts within this state.

C. Contract payment retention and substitute security shall be in accordance with R7-2-1104 .

1. A contractor may submit substitute security to replace contract payment retention if:

a. The use of substitute security is requested of the school district or designee for work performed under the contract. The contractor shall have the option of submitting the substitute security:

i. Prior to each progress payment in an amount of no less than 10% of each progress payment; or

ii. Once, prior to the first progress payment in an amount no less than 10% of the total contract amount.

b. The interest earned on such security shall accrue to the benefit of the contractor, but shall be retained until the school district has approved completion and acceptance of all work to be performed under the contract;

c. The term of such security shall not mature until after the estimated contract completion date; and

d. The security shall mature no later than one year after the estimated contract completion date.

2. The substitute security shall not be released without written approval by the school district.

3. A contractor may submit a single substitute security for more than one project provided that:

a. The amount of such security is sufficient to cover the aggregate retention amount;

b. The school district determines that such single substitute security is advantageous to the school district; and

c. Such security complies with the requirements of subsection (C)(1) of this Section.

D. D. Progress payments shall be in accordance with R7-2-1105 .

E. The school district shall not accept any substitute security unless accompanied by a signed and acknowledged waiver of any right or power of the obligor to set off any claim against either the school district or the contractor in relationship to the security assigned. In any instance in which the school district accepts substitute security as provided in this Section, any subcontractor undertaking to perform any part of the contract is entitled to provide such security to the contractor.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1115 Procurement File Contents and Review

A. At a minimum, the school district shall retain the following for each procurement under R7-2-1106 through R7-2-1114:

1. For each request for qualifications procurement process:

a. If interviews were not held:

i. The submittal of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract.

ii. The final list.

iii. A list of the selection criteria and relative weight of selection criteria used to select the persons for the final list and to determine their order on the final list.

iv. A list that contains the name of each person that submitted qualifications and that shows the person's final overall rank or score.

v. Documents that show the final score or rank on each selection criteria of each person that submitted qualifications and that support the final overall rankings and scores of the persons that submitted qualifications. The school district shall retain the individual scoring sheets for individual selection committee members.

b. If interviews were held:

i. All submittals of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract.

ii. The final list.

iii. A list of the selection criteria and relative weight of selection criteria used to select the persons for the final list and to determine their order on the final list.

iv. A list that contains the name of each person that was interviewed and that shows the person's final overall rank or score.

v. Documents that show the final score or rank on each selection criteria of each person that was interviewed and that support the final overall rankings and scores of the persons that were interviewed. The school district shall retain the individual scoring sheets for individual selection committee members.

vi. A list of the selection criteria and relative weight of the selection criteria used to select the persons for the short list to be interviewed.

vii. A list that contains the name of each person that submitted qualifications and that shows the person's final overall rank or score in the selection of the persons to be on the short list to be interviewed.

viii. Documents that show the final score or rank on each selection criteria of each person that submitted qualifications and that support the final overall rankings and scores of the persons that submitted qualifications. The school district shall retain the individual scoring sheets for individual selection committee members.

2. For each request for proposals procurement process under R7-2-1111:

a. The entire proposal submitted by the person that received the highest score in the scoring method in the request for proposals and the entire proposal submitted by each person with whom the school district enters into a contract.

b. The description of the scoring method, the list of factors in the scoring method and the number of points allocated to each factor, all as included in the request for proposals.

c. A list that contains the name of each offeror that submitted a proposal and that shows the offeror's final overall score.

d. Documents that show the final score or rank on each factor in the scoring method in the request for proposals of each offeror that submitted a proposal and that support the final overall scores of the offerors that submitted proposals. The school district shall retain the individual scoring sheets for individual selection committee members.

B. Information relating to each procurement under R7-2-1106 through R7-2-1114 shall be made available to the public as follows:

1. Until the school district awards a single contract or all of the multiple contracts or terminates the procurement, only the name of each person on the final list may be made available to the public. All other information received by the school district in response to the request for qualifications shall be confidential in order to avoid disclosure of the contents that may be prejudicial to competing respondents during the selection process.

2. After the school district awards a single contract or all of the multiple contracts or terminates the procurement, the school district shall make the contents of the procurement file, except the proposals and statements of qualifications submitted in response to a solicitation and the documents described in subsections (A)(1)(a)(v), (A)(1)(b)(v), (A)(1)(b)(viii), and (A)(2)(d), available to the public.

3. After the school district has entered into a single contract or all of the multiple contracts or has terminated the procurement, the school district shall make the proposals and statements of qualifications and the documents described in subsections (A)(1)(a)(v), (A)(1)(b)(v), (A)(1)(b)(viii), and (A)(2)(d) available to the public.

4. To the extent that an offeror designates and the school district concurs, trade secrets and other proprietary data contained in a proposal or statement of qualifications shall remain confidential.

5. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

C. The school district shall retain the records of a procurement under R7-2-1106 through R7-2-1114 in accordance with R7-2-1085.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1116 [REPEALED]

History

• New Section made by exempt rulemaking at 13 A.A.R. 1266, effective February 26, 2007 (Supp. 07-1). Repealed by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Part XV PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES

Ariz. Admin. Code § R7-2-1117 Procurement of Specified Professional Services

A. Specified professional services, which is defined in R7-2-1001(120), as services of an architect, engineer, land surveyor, assayer, geologist and landscape architect, shall be procured as provided in R7-2-1117 through R7-2-1123, except as authorized in R7-2-1033, R7-2-1053, R7-2-1055, and R7-2-1122.

B. Prior to public notice of the need for specified professional services, the school district shall determine that the services to be acquired are specified professional services.

C. In the procurement of specified professional services:

1. The school district shall specify whether the procurement is for a single contract or for multiple contracts. Multiple contracts may be awarded to separate persons or may be awarded to a single person as specified in the request for qualifications.

2. The school district and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this Section and R7-2-1120 or R7-2-1121, including the selection of persons to be interviewed, the selection of persons to be on the final list, in determining the order of preference of persons on a final list or for any other purpose in the selection process except as provided in R7-2-1121.

3. In determining the persons to participate in any interviews, in determining the persons to be on the final list, and in determining the order on the final list, the selection committee shall use and consider only the criteria and weighting of criteria in the request for qualifications. No other factors or criteria may be used in the evaluation, determinations and other actions.

4. If the school district enters into the number of contracts specified in the request for qualifications, the procurement ends. After that time the school district may not use the procurement or any final list in the procurement as the basis for entering into a contract with any other person that participated in the procurement.

5. Notwithstanding any other provision specifying the number of persons to be interviewed, the number of persons to be on a final list, or any other numerical specification in this Section or R7-2-1121:

a. If a smaller number of persons respond to the request for qualifications or if one or more persons drop out of the procurement so that there is a smaller number of persons participating in the procurement, the school district, as the school district determines necessary and appropriate, may elect to proceed with the participating persons if there are at least two participating responsive and responsible persons. Alternatively, the school district may elect to terminate the procurement.

b. As to a request for qualifications to be negotiated pursuant to R7-2-1121(D), if only one responsive and responsible person responds to the request for qualifications, or if one or more persons drop out of the procurement so that only one responsive and responsible person remains in the procurement, the school district may elect to proceed with the procurement with only one person if the governing board determines in writing that the negotiated fee is fair and reasonable and that either other prospective persons had reasonable opportunity to respond or there is not adequate time for a resolicitation.

c. If a person on the final list withdraws or is removed from the procurement and the selection committee determines that it is advantageous to the school district, the selection committee may replace that person on the final list with another person that submitted qualifications in the procurement and that is selected as the next most qualified.

D. The request for qualifications shall:

1. Provide instructions and information to persons concerning the statement of qualifications submission requirements, including the due date and time for receipt of statements of qualifications, the address of the office at which the statements of qualifications are to be received, and any other special information.

2. State whether one contract or multiple contracts may or will be awarded.

a. If one contract will be awarded, state that one contract may or will be awarded, describe the services to be performed under the contract and state that one person may or will be awarded the contract.

b. If multiple contracts may or will be awarded, state the number of contracts that may or will be awarded, the services to be performed under each of the multiple contracts, and either that each contract will be awarded to a separate person or that all of the contracts will be awarded to the same person.

3. State the number of persons to be included on the final list.

a. If a single contract will be awarded, state that there will be a single final list of at least three and not more than five persons.

b. If multiple contracts will be awarded to a single person, state that there will be a single final list of at least three and not more than five persons.

c. In a procurement for multiple contracts for similar specified professional services to be awarded to separate persons, state that there will be a single final list and the number of persons on the final list, which shall be the sum of the number of contracts that may or will be awarded plus another number that is determined by the school district and that is not more than five.

d. If multiple contracts for different specified professional services will be awarded to separate persons, state that there will be a separate final list for each type of specified professional services and that the number of persons on each final list will be equal to the number of contracts that may or will be awarded for each type of specified professional services plus a number determined by the school district not to exceed five.

4. State the selection criteria and relative weight to be used. All selection criteria shall be factors that demonstrate competence and qualifications for the type of specified professional services included in the procurement.

a. If interviews will be held, state the selection criteria and relative weights to be used in selecting the persons to be interviewed. The request for qualifications may state the selection criteria and relative weights to be used in selecting the persons on the final list and in determining their order on the final list. The final list selection criteria and relative weights may be different than the selection criteria and relative weights used to determine the persons to be interviewed. The request for qualifications also shall state whether the school district will select the persons on the final list and their order on the final list solely through the results of the interview process or through the combined results of both the interview process and the evaluation of statements of qualifications and performance data submitted in response to the request for qualifications.

b. If interviews will not be held, state the selection criteria and relative weights to be used in selecting the persons on the final list and in determining their order on the final list.

5. State whether interviews will be held.

a. If a single contract will be awarded, state that there will be interviews with at least three and not more than five persons.

b. If multiple contracts will be awarded to a single person, state that there will be interviews with at least three and not more than five persons.

c. In a procurement for multiple contracts for similar specified professional services to be awarded to separate persons, state that interviews will be held and that the interviews will be with a specified number of persons. The specified number shall be stated in the request for qualifications, shall be determined by the school district and shall be the sum of the number of contracts that may or will be awarded, plus another number that is determined by the school district and that is not more than five.

d. If multiple contracts for different specified professional services will be awarded to separate persons, state that interviews will be held and that the interviews will be with a specified number of persons. The specified number shall be stated in the request for qualifications, shall be determined by the school district, shall be at least three times the number of contracts that may or will be awarded and shall not be more than five times the number of contracts that may or will be awarded.

6. The name of the district representative or district representatives and the publicly available location of the school district's protest policy or procedure.

7. Notice that all information and statements of qualifications submitted by persons will be made available for public inspection after the school district has entered into a single contract or all of the multiple contracts.

E. Statements of qualifications shall be received and opened in accordance with R7-2-1045 . Late statements of qualifications, late modifications, or late withdrawals shall be considered in accordance with R7-2-1044 and R7-2-1049.

F. A copy of the request for qualifications shall be made available for public inspection at the school district office.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1118 Public Notice of Specified Professional Services

A. Notice of the need for specified professional services shall be given by the school district pursuant to R7-2-1022 and R7-2-1024(C) . Such notice shall be issued not less than 14 days in advance of when responses shall be received.

B. The notice shall:

1. Contain a statement of the services required that adequately describes the procurement and specifies how a request for qualifications containing specific information on the procurement may be obtained.

2. Specify whether the procurement is for a single contract or for multiple contracts; and

3. If the procurement is for multiple contracts:

a. Specify that multiple contracts may or will be awarded;

b. Specify the number of contracts that may or will be awarded; and

c. Describe the specified professional services to be performed under each contract.

C. A request for proposals or request for supplemental statements that describes the school district's project requirements, shall be issued to all firms responding to the public notice. Notice of any pre-proposal conference and the criteria to be used in selecting firms shall be included in the request.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1119 Cancellation or Rejection of the Solicitation

A school district may cancel a request for qualifications, reject in whole or in part any or all statements of qualifications or determine not to enter into a contract as specified in the solicitation if it is advantageous to the school district. The school district shall make the reasons for cancellation, rejection or determination not to enter into a contract part of the procurement file.

B. The selection committee shall evaluate:

1. Annual statement of qualifications and performance data on file with the school district and those of other firms responding to the request; and

2. Proposals or supplemental statements.

C. No person participating in any way in the selection of a person or firm shall receive any direct or indirect benefit from the project under consideration.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Adopted by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1120 Specified Professional Services Selection Committee

A. The school district shall initiate an appropriately qualified selection committee for each request for qualifications. The school district shall ensure that selection committee members are competent to serve on the selection committee.

B. Each selection committee shall include at least one school district representative appointed by the school district.

C. The school district shall determine the number and qualifications of the selection committee members. These members may be employees of the school district or non-school district appointees.

D. Non-school district employees serving on a selection committee shall not receive compensation from the school district for performing this service, but the school district may elect to reimburse non-school district members for travel, lodging and other expenses incurred in connection with service on a selection committee.

E. A person who is a member of a selection committee shall not be a contractor or subcontractor under a contract awarded under the procurement or provide any specified professional services or other services under the contract.

F. For the procurement of multiple contracts for specified professional services, the same selection committee shall be used for all contracts in the procurement.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1121 Committee Evaluation and Selection

A. If interviews are specified in the request for qualifications:

1. The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in the request for qualifications to be used to determine the persons to be interviewed.

2. If the selection criteria and relative weights to be used by the selection committee to select the persons on the final list or final lists and to determine their order on the final list or final lists are not included in the request for qualifications:

a. Before the interviews are held the school district shall distribute to the persons to be interviewed the selection criteria and relative weights to be used to select the persons on the final list and to determine their order on the final list.

b. These selection criteria and relative weight may be different than the selection criteria and relative weight used to determine the persons to be interviewed.

3. The selection committee shall conduct interviews with the number of persons specified in the request for qualifications.

B. Based solely on the selection criteria and relative weights for selection of the persons on the final list or final lists and their order on the final list or final lists, the selection committee shall select the persons for the final list or final lists and rank the persons on the final list or final lists in order of preference. If the procurement is for multiple contracts for different specified professional services to be awarded to separate persons, and if a person submitted qualifications for more than one type of specified professional services, the person may be on more than one final list.

C. Before or at the same time as the school district notifies the highest ranking person on the final list or final lists that it is the highest ranking person, the school district shall send actual notice to each of the following that it is not the highest ranking person or that another person is the highest ranking person:

1. If interviews were held, the other persons interviewed.

2. If interviews were not held, the other persons that made submittals.

D. The school district shall conduct negotiations with persons on the final list or final lists as follows:

1. The school district shall negotiate a contract with the highest qualified person for the required specified professional services at compensation determined in writing to be fair and reasonable to the school district. Contract negotiations shall be directed toward:

a. Making certain that the person has a clear understanding of the scope of the work, specifically, the essential requirements involved in providing the required services;

b. Determining that the person will make available the necessary personnel and facilities to perform the services within the required time; and

c. Agreeing upon compensation that is fair and reasonable.

2. The negotiations shall include consideration of compensation and other contract terms that the school district determines to be fair and reasonable to the school district. In making this decision, the school district shall take into account the estimated value, the scope, the complexity and the nature of the specified professional services to be rendered.

3. If the procurement is for a single contract, there is one final list and the school district shall enter into negotiations with the highest qualified person on the final list. If the school district is not able to negotiate a satisfactory contract with the highest qualified person on the final list, at compensation and on other contract terms the school district determines to be fair and reasonable, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations with the next most qualified person on the final list in sequence until an agreement is reached or a determination is made to reject all persons on the final list.

4. If the procurement is for multiple contracts for specified professional services to be awarded to a single person on the final list, there is one final list and the school district shall enter into negotiations with the highest qualified person on the final list. If the school district is not able to negotiate a satisfactory contract with the highest qualified person on the final list, at compensation and on other contract terms the school district determines to be fair and reasonable, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations with the next most qualified person on the final list in sequence until an agreement is reached or a determination is made to reject all persons on the final list.

5. If the procurement is for multiple contracts for similar specified professional services to be awarded to separate persons, there is one final list and the school district shall enter into separate negotiations for contracts with the number of the highest qualified persons on the final list equal to the number of contracts to be awarded. If the school district is not able to negotiate a satisfactory contract with a person with whom the school district has commenced negotiations, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations for a contract with the next most qualified person on the final list with whom the school district is not then negotiating and with whom the school district has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons on the final list.

6. If the procurement is for multiple contracts for different specified professional services to be awarded to separate persons, there is a separate final list for each type of specified professional services and the school district shall enter into separate negotiations for contracts with the number of the highest qualified persons on each final list equal to the number of contracts to be awarded. If the school district is not able to negotiate a satisfactory contract with a person with whom the school district has commenced negotiations, the school district shall formally terminate negotiations with that person. The school district shall then undertake negotiations for a contract with the next most qualified person on the applicable final list with whom the school district is not then negotiating and with whom the school district has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons on the final list.

7. If the school district terminates negotiations with a person and commences negotiations with another person on the final list, the school district shall not recommence negotiations or enter into a contract for the specified professional services covered by the final list with any person with whom the school district terminated negotiations.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1122 Specified Professional Services Contracts Not Exceeding Certain Amounts

A. A school district may procure a single contract or multiple contracts for specified professional services under this Section if the contract is for specified professional services by an architect or architect firm and the contract amount is $250,000 or less or if the contract is for specified professional services by a person other than an architect and the contract amount is $500,000 or less. For such procurements, the school district shall encourage persons engaged in the lawful practice of the profession to submit annually a statement of qualifications and experience.

B. For each procurement of specified professional services under this Section, the school district shall establish a selection committee pursuant to R7-2-1120.

C. The selection committee shall evaluate current statements of qualifications and experience on file with the school district, together with those that may be submitted by other persons regarding the procurement.

D. The school district and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this Section, including the selection of the persons to be interviewed, the selection of persons to be on a final list, in determining the order of preference of persons on a final list or for any other purpose in the selection process, except as provided in subsection (F).

E. If possible and practicable, the selection committee shall conduct interviews regarding the procurement and the relative methods of furnishing the required specified professional services and, if possible, shall select, in order of preference and based on criteria established and published by the selection committee, one or more final lists of the persons deemed to be the most qualified to provide the specified professional services required. The selection committee shall base the selection of each final list and the order of preference on demonstrated competence and qualifications only.

1. If the procurement is for a single contract or if the procurement is for multiple contracts to be awarded to a single person, there shall be one final list of three persons.

2. If the procurement is for multiple contracts for different specified professional services to be awarded to separate persons, there shall be a separate final list of three persons for each contract.

3. In a procurement for multiple contracts for similar specified professional services to be awarded to separate persons, there shall be one final list and the number of persons on the final list shall be the number of contracts, plus another number that is determined by the school district and that is not more than five.

F. The school district shall enter into negotiations with the highest qualified person on each final list or, in the case of a single final list for multiple contracts for the same specified professional services to be awarded to separate persons, the school district shall enter into negotiations with a number of the highest qualified persons on the final list equal to the number of contracts that may or will be awarded.

1. Negotiations shall include consideration of compensation and other contract terms that the school district determines to be fair and reasonable to the school district. In making this determination, the school district shall take into account the estimated value, the scope, the complexity and the nature of the specified professional services to be rendered.

2. If the school district is unable to negotiate a satisfactory contract with a person with whom the school district is negotiating at a price and on other contract terms the school district determines to be fair and reasonable to the school district, the school district shall formally terminate negotiations with that person.

3. The school district may undertake negotiations with the next most qualified person on the final list in sequence until an agreement is reached or a determination is made to reject all persons on the final list.

4. If the school district terminates negotiations with a person on a final list and commences negotiations with another person on the final list, the school district shall not in that procurement recommence negotiations or enter into a contract or contracts with any person with whom the school district has terminated negotiations.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1123 Procurement File Contents and Review for Procurements Conducted under R7-2-1117 through R7-2-1121

A. At a minimum, the school district shall retain the following for each procurement under R7-2-1117 through R7-2-1121:

1. If interviews were not held:

a. The submittal of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract. If the procurement has multiple final lists, the school district shall retain the submittal of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract, for each final list.

b. The final list or final lists.

c. A list of the selection criteria and relative weight of selection criteria used to select the persons for the final list or final lists and to determine their order on the final list or final lists.

d. A list that contains the name of each person that submitted qualifications and that shows the person's final overall rank or score.

e. Documents that show the final score or rank on each selection criteria of each person that submitted qualifications and that support the final overall rankings and scores of the persons that submitted qualifications. The school district shall retain the individual scoring sheets for individual selection committee members.

2. If interviews were held:

a. All submittals of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract. If the procurement has multiple final lists, the school district shall retain the submittal of the person listed first on the final list and the submittal of each person with whom the school district enters into a contract, for each final list.

b. The final list or final lists.

c. A list of the selection criteria and relative weight of selection criteria used to select the persons for the final list or final lists and to determine their order on the final list or final lists.

d. A list that contains the name of each person that was interviewed and that shows the person's final overall rank or score.

e. Documents that show the final score or rank on each selection criteria of each person that was interviewed and that support the final overall rankings and scores of the persons that were interviewed. The school district shall retain the individual scoring sheets for individual selection committee members.

f. A list of the selection criteria and relative weight of the selection criteria used to select the persons for the short list or short lists to be interviewed.

g. A list that contains the name of each person that submitted qualifications and that shows the person's final overall rank or score in the selection of the persons to be on the short list or short lists to be interviewed.

h. Documents that show the final score or rank on each selection criteria of each person that submitted qualifications and that support the final overall rankings and scores of the persons that submitted qualifications. The school district shall retain the individual scoring sheets for individual selection committee members.

B. Information relating to each procurement under R7-2-1117 through R7-2-1121 shall be made available to the public as follows:

1. Until the school district awards a single contract or all of the multiple contracts or terminates the procurement, only the name of each person on the final list may be made available to the public. All other information received by the school district in response to the request for qualifications shall be confidential in order to avoid disclosure of the contents that may be prejudicial to competing respondents during the selection process.

2. After the school district awards a single contract or all of the multiple contracts or terminates the procurement, the school district shall make the contents of the procurement file, except the statements of qualifications and the documents described in subsections (A)(1)(e), (A)(2)(e), and (A)(2)(h), available to the public.

3. After the school district has entered into a single contract or all of the multiple contracts or has terminated the procurement, the school district shall make the statements of qualifications and the documents described in subsections (A)(1)(e), (A)(2)(e), and (A)(2)(h) available to the public.

4. To the extent that a person designates and the school district concurs, trade secrets and other proprietary data contained in a statement of qualifications shall remain confidential.

5. If the procurement file contains information that is confidential under R7-2-1006, a copy of the applicable documents with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection. The unredacted original copy of the confidential information shall be placed in a sealed envelope or other appropriate container, identified as confidential information, and maintained in the procurement file.

C. The school district shall retain the records of a procurement under R7-2-1117 through R7-2-1121 in accordance with R7-2-1085 .

D. Firms shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. The school district shall establish procedures and schedules for conducting discussions. If during discussions there is a need for any substantial clarification or change in the request for proposals, the request for proposals shall be amended to incorporate such clarification or change. Disclosure of any information derived from competing proposals is prohibited. Any substantial oral clarification of a proposal shall be reduced to writing by the offeror. The school district shall keep a detailed record of such meetings.

E. The school district shall establish a common date and time for the submission of final offers. Final offers shall be submitted only once, unless the school district makes a determination that it is advantageous to the school district to conduct additional discussions or change the school district's requirements and require another submission of final offers. Otherwise, no discussions of or changes in the final offers shall be allowed prior to selection for award. Firms also shall be informed that if they do not submit a notice of withdrawal or another final offer, their immediate previous offer will be construed as their final offer.

F. Award shall be made to the responsible offeror whose proposal is determined in writing to be most advantageous to the school district taking into consideration the evaluation factors set forth in the request for proposals and fee. No other factors or criteria may be used in the evaluation. No contract may be awarded solely on the basis of price. The contract file shall contain the basis on which the award is made.

G. Notice of award shall be made in accordance with R7-2-1122(D) and (E) .

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1124 Reserved

Part XVI COST PRINCIPLES

Ariz. Admin. Code § R7-2-1125 Cost Principles

The cost principles adopted by the director of the Department of Administration pursuant to A.R.S. § 41-2591 shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1526, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1126 Reserved

Ariz. Admin. Code § R7-2-1127 Reserved

Ariz. Admin. Code § R7-2-1128 Reserved

Ariz. Admin. Code § R7-2-1129 Reserved

Ariz. Admin. Code § R7-2-1130 Reserved

Part XVII MATERIALS MANAGEMENT

Ariz. Admin. Code § R7-2-1131 Material Management and Disposition

A. The school district shall ascertain or verify that materials, services, or construction items procured by the school district conform to specifications as set forth in the solicitation.

B. The school district shall determine the fair market value of excess and surplus material.

C. Disposition of surplus materials.

1. Except as provided in A.R.S. § 15-342(7) related to sales or leases to the state, a county, a city, another school district, or a tribal government agency, and A.R.S. § 15-342(18) related to the disposition of surplus or outdated learning materials, educational equipment and furnishings, surplus materials, regardless of value, shall be offered through competitive sealed bids, public auction, on-line sales, established markets, trade in, posted prices or state surplus property. If unusual circumstances render the above methods impractical, the school district may employ other disposition methods, including appraisal or barter, provided the school district makes a written determination that such procedure is advantageous to the school district. Only United States Postal Money Orders, certified checks, cashiers' checks or cash shall be accepted for sales of surplus material unless otherwise approved by the school district.

2. Competitive sealed bidding.

a. Notice for sale bids shall be publicly available from the school district at least 10 days before the due date set for bids. Notice of the sale bids shall be provided to prospective bidders, including those bidders on lists maintained by the school district pursuant to R7-2-1023 . The notice for sale bids shall list the materials offered for sale, their location, availability for inspection, the terms and conditions of sale and instructions to bidders including the bid due date and time. Bids shall be opened publicly pursuant to the requirements of R7-2-1029.

b. The award shall be made in accordance with the provisions of the notice for sale bids to the highest responsive and responsible bidder, provided that the price offered by such bidder is acceptable to the school district. If the school district determines that the bid is not advantageous to the school district, the school district may reject the bids in whole or in part and may resolicit bids or the school district may negotiate the sale, provided that the negotiated sale price is higher than the highest responsive and responsible bidder's price.

3. Auctions shall be advertised in the official newspaper of the county as prescribed in A.R.S. § 11-255 or a newspaper of general circulation, in accordance with A.R.S. § 41-2533. The publication shall not be less than 14 days before the auction date. All the terms and conditions of any sale shall be available to the public at least 24 hours prior to the auction date. The school district or any agent acting on the school district's behalf may also advertise the auction in any other manner determined advantageous to the school district.

4. Internet-based on-line sales shall not be subject to the advertisement requirements in subsection (C)(3). For such disposal services, the school district shall post and maintain a notice explaining the use of Internet-based on-line sales on a designated site on the Internet. The notice shall include:

a. The name of the on-line sales provider and the designated site on the Internet where potential buyers may obtain information or participate in the on-line auctions;

b. A link to the Internet-based on-line sales service;

c. A link to the terms and conditions of sale;

d. Instructions for bidding on the Internet-based on-line sales site; and

e. A period of not less than 14 days for each Internet-based on-line sale during which persons may submit offers to purchase the specified materials.

5. Before surplus materials are disposed of by trade-in to a vendor for credit on an acquisition, the school district shall approve such disposal. The school district shall base this determination on whether the trade-in value is expected to exceed the value realized through the sale or other disposition of such materials.

6. An employee of the school district or a governing board member, or an employee of a school district's agent conducting an auction on behalf of the school district, shall not directly or indirectly purchase or agree with another person to purchase surplus property if said employee or board member is, or has been, directly or indirectly involved in the purchase, disposal, maintenance, or preparation for sale of the surplus material.

7. State surplus property manager. The school district may enter into an agreement with the State Surplus Property Manager for the disposition of materials pursuant to Article 8 of the Arizona Procurement Code (A.R.S. § 41-2601 et seq.) and the rules adopted thereunder.

8. Pursuant to A.R.S. § 15-342(35), a school district may offer to sell outdated learning materials, educational equipment or furnishings at a posted price commensurate with the value of the items to pupils who are currently enrolled in that school district before those materials are offered for public sale.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1). Amended effective October 22, 1992 (Supp. 92-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1132 State and Federal Surplus Materials Program

A. The governing board may acquire surplus materials from the state and the United States government.

B. The governing board may enter into an agreement with the State Surplus Property Manager for the purpose of acquiring surplus materials from the United States government pursuant to A.R.S. § 41-2603 and the rules adopted thereunder.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended effective March 21, 1991 (Supp. 91-1).

Ariz. Admin. Code § R7-2-1133 Authority for Transfer of Material

Notwithstanding any law to the contrary, the governing board may secure the transfer of surplus materials and obligate its monies to the extent necessary to comply with the laws and conditions of such transfers.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1134 Reserved

Ariz. Admin. Code § R7-2-1135 Reserved

Ariz. Admin. Code § R7-2-1136 Reserved

Ariz. Admin. Code § R7-2-1137 Reserved

Ariz. Admin. Code § R7-2-1138 Reserved

Ariz. Admin. Code § R7-2-1139 Reserved

Ariz. Admin. Code § R7-2-1140 Reserved

Part XVIII BID PROTESTS

Ariz. Admin. Code § R7-2-1141 Resolution of Bid Protests

A. Informal resolution of bid protests. Nothing in Articles 10 and 11 are intended to eliminate the informal resolution of problems by school district personnel.

B. Formal resolution of bid protests. The governing board pursuant to R7-2-1007 shall designate a district representative, as defined in R7-2-1001, to resolve bid protests. All solicitations issued by the school district shall include the name of the district representative and shall indicate that any bid protest shall be filed with the district representative. Appeal from the decision of the district representative may be made to the hearing officer pursuant to R7-2-1147 and R7-2-1181.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 27 A.A.R. 2342, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1142 Filing of a Protest

A. Any interested party may protest a solicitation issued by the school district, a determination that a proposal is unacceptable, or the proposed award or the award of a school district contract. Protests shall be filed with the district representative.

B. Content of protest. The protest shall be in writing and shall include the following information:

1. The name, address and telephone number of the interested party;

2. The signature of the interested party or the interested party's representative;

3. Identification of the solicitation or contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

5. The form of relief requested.

C. The interested party shall supply any other information requested by the district representative within 10 days of the request.

D. The interested party may file a written request with the district representative for an extension of the time limit for providing additional information set forth in subsection (C). The written request shall be filed before the expiration of the time limit set forth in subsection (C) and shall set forth good cause as to the specific reason that the interested party is unable to provide the additional information with the 10 days. The district representative shall approve or deny the request in writing, state the reasons for the determination, and if an extension is granted, set forth a new date for submission of the filing.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1143 Time for Filing Protests

A. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the solicitation, shall be filed before the due date and time for responses to the solicitation.

1. Protests based upon alleged improprieties in a solicitation that are apparent before the bid opening shall be filed before bid opening. Protests based upon alleged improprieties in a solicitation that are apparent before the closing date for receipt of initial proposals shall be filed before the closing date for receipt of initial proposals.

2. In procurements requesting proposals, protests concerning improprieties that do not exist in the initial solicitation but that are subsequently incorporated into the solicitation shall be filed by the next closing date for receipt of proposals following the incorporation.

B. In cases other than those covered in subsection (A), the interested party shall file the protest within 10 days after the school district makes the procurement file available for public inspection.

C. The interested party may file a written request with the district representative for an extension of the time limit for protest filing set forth in subsection (B). The written request shall be filed before the expiration of the time limit set forth in subsection (B) and shall set forth good cause as to the specific action or inaction of the school district that resulted in the interested party being unable to file the protest within the 10 days. The district representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing.

D. If the interested party shows good cause and it is advantageous to the school district, the district representative may consider any protest that is not filed timely.

E. The district representative shall immediately give notice of the protest to the successful contractor if award has been made or, if no award has been made, to all interested parties.

F. At any time the district representative or hearing officer may refer the protest to the governing board for resolution in accordance with R7-2-1152.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1144 Stay of Procurements During the Protest

The district representative may stay all or part of the procurement or contract if it is determined that there is a reasonable probability the protest will be upheld or that a stay is advantageous to the school district. The district representative shall notify the successful contractor if award has been made or, if no award has been made, all interested parties of the stay in writing no later than the time of issuance of the district representative's decision in accordance with R7-2-1145.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1145 Decision by the District Representative

A. The district representative shall have the authority granted to the district representative by the governing board to settle and resolve a protest.

B. The district representative shall issue a written decision within 14 days after a protest has been filed, or after additional information requested by the district representative has been submitted, pursuant to R7-2-1142 . The decision shall include:

1. A statement of the decision of the district representative with supporting rationale; and

2. A paragraph substantially as follows: "This is the decision of the district representative of the _____________ School District.

The decision may be appealed to a hearing officer. If you appeal, you must file a written notice of appeal with the district representative within 30 days from the date of the decision."

C. The district representative shall furnish a copy of the decision to the interested party by any method that provides evidence of receipt.

D. On agreement of all interested parties, the time limit for decisions set forth in subsection (B) may be extended by the district representative for good cause for a reasonable time not to exceed an additional 30 days. The district representative shall notify the interested party in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.

E. If the district representative fails to issue a decision within the time limits set forth in subsections (B) or (D), the interested party may proceed as if the district representative had issued an adverse decision.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1146 Remedies

A. If the district representative sustains the protest in whole or part and determines that a solicitation, a determination that a proposal is unacceptable, proposed contract award, or contract award does not comply with Articles 10 and 11, the school district shall implement an appropriate remedy.

B. In determining an appropriate remedy, the district representative shall consider all the circumstances surrounding the procurement or proposed procurement including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent of performance, costs to the school district, the urgency of the procurement, the impact of the relief on the mission of the school district, and other relevant issues.

C. An appropriate remedy may include one or more of the following:

1. Decline to exercise an option to renew under the contract;

2. Terminate the contract;

3. Amend the solicitation;

4. Issue a new solicitation;

5. Award a contract consistent with procurement statutes and regulations; or

6. Such other relief as is determined necessary to ensure compliance with Articles 10 and 11.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1147 Appeals to a Hearing Officer

A. An appeal to a hearing officer from a decision entered or deemed to be entered by the district representative shall be filed with the district representative within 30 days from the date of decision.

B. Content of appeal. The appeal shall contain:

1. The information set forth in R7-2-1142(B) ; and

2. The precise factual or legal error in the decision of the district representative from which an appeal is taken.

C. All costs associated with conducting a hearing, including the costs of the hearing officer, shall be paid by the school district. If the hearing officer decides in favor of the school district, the other party shall reimburse the school district for the costs of the hearing within 30 days of receipt of a copy of the hearing officer's invoice.

D. The Executive Director of the State Board of Education ("Executive Director") shall prepare and maintain a list of individuals who meet the qualifications specified in R7-2-1185 to serve as hearing officers.

E. A hearing officer may be selected by mutual agreement of both parties. If the parties are unable to mutually agree on a hearing officer, three hearing officers shall be selected randomly by the Executive Director and shall be screened to determine availability and possible bias. Once the Executive Director has selected three hearing officers who are available and show no evidence of bias, the three names shall be provided to both parties. Both parties have the opportunity to strike one name from the list provided, but shall do so within 14 calendar days from the date on which the Executive Director provided the list to the parties. If after the time period for striking a hearing officer has passed and more than one person remains on the list, the Executive Director shall select one of the remaining individuals on the list as the hearing officer unless either party objects for cause and provides such reason in writing to the Executive Director. If after the time period for striking a hearing officer has passed and there is only one person remaining on the list, the remaining individual shall be named as the hearing officer unless either party objects for cause and provides such reason in writing to the Executive Director. Objections for cause shall require specific evidence that the individual does not meet the criteria specified in R7-2-1185 . The Executive Director shall review the evidence submitted and determine the qualifications of the individual. If the Executive Director determines that the individual is not qualified to serve as the hearing officer, the Executive Director shall repeat the process and select three additional hearing officers to be provided to the parties.

F. Issuance of a school district purchase order shall constitute the official selection date of the hearing officer.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1148 Notice of Appeal

The district representative shall within three working days give notice of the filing of the appeal to the governing board and the successful contractor if award has been made.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1149 Stay of Procurement During Appeal

If an appeal is filed and the procurement or contract was stayed by the district representative pursuant to R7-2-1144, the filing of an appeal shall automatically continue the stay unless the hearing officer makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the school district. If no such determination is made, the stay shall automatically end upon written decision of the hearing officer pursuant to R7-2-1151 or R7-2-1181.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1150 District Representative's Response

A. The district representative shall file a complete response to the appeal within 21 days from the date the appeal is filed or within five days after the hearing officer has been selected, whichever is later. At the same time, the district representative shall furnish a copy of the response to the appellant and to any interested party.

B. The district representative may submit a written request to the hearing officer for an extension of the period for submission of response, identifying the reasons for the extension. The hearing officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for the submission of filing a response. The hearing officer shall notify the district representative and the interested party of any extension.

B. C. The interested party shall file comments on the district representative's response with the hearing officer within 10 days after receipt of the response. The interested party shall provide copies of the comments to the district representative and other interested parties.

C. D. The interested party may submit a written request to the hearing officer for an extension of the period for submission of comments, identifying the reasons for the extension. The hearing officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for the submission of filing comments. The hearing officer shall notify the district representative and the interested party of any extension.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1151 Dismissal Before Hearing

A. The hearing officer shall dismiss, upon a written determination, an appeal before scheduling a hearing if:

1. The appeal does not state a valid basis for protest;

2. The appeal is untimely pursuant to R7-2-1147(A) ; or

3. The appeal attempts to raise issues not raised in the protest.

B. The hearing officer shall notify the interested party and the district representative in writing of a determination to dismiss an appeal before hearing.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1152 Hearing

Hearings on appeals of bid protest decisions shall be conducted pursuant to R7-2-1181 and A.R.S. § 41-1092.07 as contested cases.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1153 Remedies

If the hearing officer sustains the appeal in whole or part and determines that a solicitation, a determination that a proposal is unacceptable, proposed award, or award does not comply with Articles 10 and 11, remedies shall be implemented pursuant to R7-2-1146.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1154 Reserved

Part XIX CONTRACT CLAIMS AND CONTROVERSIES

Ariz. Admin. Code § R7-2-1155 Resolution of Contract Claims and Controversies

A. The district representative shall have the authority granted to the district representative by the governing board to settle and resolve contract claims and controversies including claims relating to assignees of the contractor.

B. The district representative shall receive prior written approval of the governing board for the settlement or resolution of a claim exceeding the dollar amount specified in A.R.S. § 41-2535.

C. Appeals from decisions of the district representative may be made to the hearing officer pursuant to R7-2-1158.

D. A claimant shall file a contract claim with the district representative within 180 days after the claim arises. The claim shall include the following:

1. The name, address, and telephone number of the claimant;

2. The signature of the claimant or claimant's representative;

Identification of the solicitation or contract number;

4. A detailed statement of the legal and factual grounds of the claim including copies of the relevant documents; and

5. The form and dollar amount of the relief requested.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1156 District Representative's Decision

A. If a controversy cannot be resolved by mutual agreement, the district representative shall issue a written decision within no more than 60 days from receipt of the contractor's written request for a decision. Before issuing a written decision, the district representative shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors.

B. Decision of the district representative. The district representative shall furnish a copy of the decision to the contractor by any method that provides evidence of receipt. The decision shall include:

1. A description of the claim;

2. A reference to the pertinent contract provision;

3. A statement of the factual areas of agreement or disagreement;

4. A statement of the district representative's decision, with supporting rationale; and

5. A paragraph substantially as follows:

"This is the decision of the district representative of the _____________ School District. This decision may be appealed to a hearing officer. If you appeal, you must file a written notice of appeal with the district representative within 30 days from the date of decision."

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1157 Issuance of a Timely Decision

A. On agreement of all interested parties, the time limit for decisions set forth in R7-2-1156(A) may be extended for good cause for a reasonable time not to exceed 14 days. The district representative shall notify the contractor in writing that the time for the issuance of a decision has been extended and the date by which a decision shall be issued.

B. If the district representative fails to issue a decision within 60 days after the request is filed or within the time prescribed under subsection (A), the contractor may proceed as if the district representative had issued an adverse decision.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1158 Appeals to a Hearing Officer

A. An appeal from a decision entered or deemed to be entered by the district representative on a contract claim or controversy shall be filed with the district representative within 30 days from the date of decision.

B. The appeal shall contain the basis for the precise factual or legal error in the decision of the district representative from which an appeal is taken.

C. The district representative shall file a complete response to the appeal within 21 days from the date the appeal is filed or within five days after the hearing officer has been selected, whichever is later. At the same time, the district representative shall furnish a copy of the response to the appellant and to any interested party.

D. The district representative may submit a written request to the hearing officer for an extension of the period for submission of response, identifying the reasons for the extension. The hearing officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for the submission of filing a response. The hearing officer shall notify the district representative and the interested party of any extension.

E. The interested party shall file comments on the district representative's response with the hearing officer within 10 days after receipt of the response. The interested party shall provide copies of the comments to the district representative and other interested parties.

F. The interested party may submit a written request to the hearing officer for an extension of the period for submission of comments, identifying the reasons for the extension. The hearing officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for the submission of filing comments. The hearing officer shall notify the district representative and the interested party of any extension.

D. G. All costs associated with conducting a hearing, including the costs of the hearing officer, shall be paid by the school district. If the hearing officer decides in favor of the school district, the other party shall reimburse the school district for the costs of the hearing within 30 days of receipt of a copy of the hearing officer's invoice.

E. H. The Executive Director of the State Board of Education ("Executive Director") shall prepare and maintain a list of individuals who meet the qualifications specified in R7-2-1185 to serve as hearing officers.

F. I. A hearing officer may be selected by mutual agreement of both parties. If the parties are unable to mutually agree on a hearing officer, three hearing officers shall be selected randomly by the Executive Director and shall be screened to determine availability and possible bias. Once the Executive Director has selected three hearing officers who are available and show no evidence of bias, the three names shall be provided to both parties. Both parties have the opportunity to strike one name from the list provided, but shall do so within 14 calendar days from the date on which the Executive Director provided the list to the parties. If after the time period for striking a hearing officer has passed and more than one person remains on the list, the Executive Director shall select one of the remaining individuals on the list as the hearing officer unless either party objects for cause and provides such reason in writing to the Executive Director. If after the time period for striking a hearing officer has passed and there is only one person remaining on the list, the remaining individual shall be named as the hearing officer unless either party objects for cause and provides such reason in writing to the Executive Director. Objections for cause shall require specific evidence that the individual does not meet the criteria specified in R7-2-1185 . The Executive Director shall review the evidence submitted and determine the qualifications of the individual. If the Executive Director determines that the individual is not qualified to serve as the hearing officer, the Executive Director shall repeat the process and select three additional hearing officers to be provided to the parties.

J. Issuance of a school district purchase order shall constitute the official selection date of the hearing officer.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1159 Hearing

Hearings on appeals of contract claim and controversy decisions shall be conducted pursuant to R7-2-1181 and A.R.S. § 41-1092.07 as contested cases.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1160 Reserved

Part XX DEBARMENT AND SUSPENSION

Ariz. Admin. Code § R7-2-1161 Authority to Debar or Suspend

A. Except as provided in A.R.S. § 41-1279.21(B), the governing board has the sole authority to debar or suspend a person from participating in school district procurements.

B. The causes for debarment or suspension include the following:

1. Conviction of any person or any subsidiary or affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.

2. Conviction of any person or any subsidiary or affiliate of any person under any statute of the federal government, this state or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a school district contractor.

3. Conviction or civil judgment finding a violation by any person or any subsidiary or affiliate of any person under state or federal antitrust statutes.

4. Violations of contract provisions of a character which are deemed to be so serious as to justify debarment action, such as either of the following:

a. Knowingly fails without good cause to perform in accordance with the specification or within the time limit provided in the contract.

b. Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

5. Any other cause deemed to affect responsibility as a school district contractor, including suspension or debarment of such person or any subsidiary or affiliate of such person by another governmental entity for any cause.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1162 Initiation of Debarment

Upon receipt of information concerning a possible cause for debarment, the school district shall investigate the possible cause. If the school district has a reasonable basis to believe that a cause for debarment exists, the school district may propose debarment under R7-2-1164 .

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1163 Period of Debarment

A. The period of time for a debarment shall not exceed three years from the date of the debarment determination.

B. If debarment is based solely upon debarment by another governmental agency including another school district, the period of debarment may run concurrently with the period established by that other debarring agency.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1164 Notice

A. If the school district proposes debarment, the school district shall notify the person and affected affiliates in writing within seven days of the proposed debarment by any means evidencing receipt, which notice shall indicate that a hearing shall be scheduled, if requested, in accordance with R7-2-1181 as contested cases.

B. The notice of debarment shall state:

1. The basis for debarment;

2. The period, including dates, of the debarment;

3. That bids or proposals shall not be solicited or accepted from the person and, if received, will not be considered; and

4. That the person is entitled to a hearing on the suspension if the person files a written request for a hearing with a designated district representative within 10 days after receipt of the notice.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1165 Notice to Affiliates

A. If the school district proposes to debar an affiliate, the affiliate shall have a right to appear in any hearing on the proposed debarment to show mitigating circumstances.

B. The affiliate shall in writing advise the school district within 10 days of receipt of the notice under R7-2-1164 of its intention to appear under subsection (A). Failure to provide written notice of appearance within the 10-day period shall be a waiver of the right to appear in the hearing.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1166 Imputed Knowledge

A. Improper conduct may be imputed to an affiliate for purposes of debarment where the impropriety occurred in connection with the affiliate's duties for or on behalf of, or with the knowledge, approval, or acquiescence of, the contractor.

B. The improper conduct of a person or its affiliate having a contract with a contractor may be imputed to the contractor for purposes of debarment where the impropriety occurred in connection with the person's duties for or on behalf of, or with the actual or constructive knowledge, approval, or acquiescence of, the contractor.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1167 Reinstatement

A. The governing board may at any time reinstate a debarred person or rescind the debarment upon a determination that the cause upon which the debarment is based no longer exists or upon a determination that such reinstatement or rescission is advantageous to the school district. The governing board's determination shall include any limitations on the debarred person's ability to contract with the school district.

B. Any debarred person may request reinstatement by submitting a petition to the school district supported by documentary evidence showing that the cause for debarment no longer exists or has been substantially mitigated.

C. The school district may require a hearing on the request for reinstatement.

D. The school district shall make a written decision on reinstatement within 30 days after the request is filed and specify the factors on which it is based.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1168 Suspension

A. If adequate grounds for debarment exist, the governing board may suspend a person from participating in any procurement or receiving any award in accordance with the procedures in R7-2-1170.

B. The governing board shall not suspend a person pending debarment unless compelling reasons require suspension to protect school district interests.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1169 Period and Scope of Suspension

A. Unless otherwise agreed to by the parties, the period of suspension shall not exceed 35 days without satisfying the notice requirements of R7-2-1170 . If the notice requirements are satisfied the period of suspension shall not exceed six months.

B. For purpose of suspension, a person's conduct may be imputed to an affiliate or another person in accordance with R7-2-1166.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1170 Notice and Hearing

A. The school district shall notify the person suspended by any means evidencing receipt.

B. The notice of suspension shall state:

1. The basis for suspension;

2. The period, including dates, of the suspension;

3. That bids or proposals shall not be solicited or accepted from the person and, if received, will not be considered; and

4. That the person is entitled to a hearing on the suspension if the person files a written request for a hearing, including the basis for the request, with a designated district representative within 10 days after receipt of the notice.

C. A hearing requested under this Section shall be conducted pursuant to R7-2-1181.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1171 List of Debarments, Suspensions and Voluntary Exclusions

The school district shall maintain a list of debarment, suspensions, and voluntary exclusions. It is recommended that the school district provide notice of any debarments, suspensions and voluntary exclusions to the state purchasing office.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1172 Reserved

Ariz. Admin. Code § R7-2-1173 Reserved

Ariz. Admin. Code § R7-2-1174 Reserved

Ariz. Admin. Code § R7-2-1175 Reserved

Ariz. Admin. Code § R7-2-1176 Reserved

Ariz. Admin. Code § R7-2-1177 Reserved

Ariz. Admin. Code § R7-2-1178 Reserved

Ariz. Admin. Code § R7-2-1179 Reserved

Ariz. Admin. Code § R7-2-1180 Reserved

Part XXI HEARING PROCEDURES

Ariz. Admin. Code § R7-2-1181 Hearing Procedures

A. If a hearing is required or permitted under Articles 10 and 11, this Section shall apply. Hearing officers shall be selected pursuant to R7-2-1147(D) and (E) or R7-2-1158(E) and (F).

B. The Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) shall apply where the Act is not inconsistent with Articles 10 and 11.

C. The hearing officer shall arrange for a hearing to be held within 30 days of receiving required responses and comments from both parties and notify the parties in writing of the time and place of the hearing.

D. The hearing officer may:

1. Hold pre-hearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;

2. Require parties to state their positions concerning the various issues in the proceeding;

3. Require parties to produce for examination those relevant witnesses and documents under their control;

4. Rule on motions and other procedural items on matters pending before such officer;

5. Regulate the course of the hearing and conduct of participants;

Establish time limits for submission of motions or memoranda;

7. Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:

a. Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence;

b. Excluding all testimony of an unresponsive or evasive witness; and

c. Expelling person from further participation in the hearing;

8. Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice; and

9. Administer oaths or affirmations.

E. A transcribed record of the hearing shall be made available at cost to any requesting party.

F. Decision by the hearing officer. A decision by the hearing officer shall be sent within 30 days after the conclusion of the hearing to all parties by any means evidencing receipt. A decision shall contain:

1. A statement of facts;

2. A statement of the decision with supporting rationale; and

3. A statement that the parties may file a motion for rehearing within 15 days from the date a copy of this decision is served upon the party.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014. Amended by final exempt rulemaking at 26 A.A.R. 597, effective 7/1/2020.

Ariz. Admin. Code § R7-2-1182 Rehearing of Decisions

A. Procedure; grounds. A decision of the hearing officer may be vacated and new hearing granted on motion of the aggrieved party for any of the following causes materially affecting the party's rights:

1. Irregularity in the proceedings of the hearing officer or prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing.

2. Misconduct of the prevailing party.

3. Accident or surprise not preventable by ordinary prudence.

4. Material evidence, newly discovered, which despite reasonable diligence was not discovered and produced at the hearing.

5. Excessive or insufficient damages or penalties.

6. Error of law occurring at the hearing or during the progress of the proceeding.

7. That the findings of fact or decision is not justified by the evidence or is contrary to law.

B. Scope. A rehearing may be granted to all or any of the parties and on all or part of the issues in the proceeding for any of the reasons for which rehearings are authorized by law or rule of court. On a motion for a rehearing, the hearing officer may open the decision, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new decision.

C. Contents of motion; amendment; rulings reviewable.

1. The motion for rehearing shall be in writing, shall specify generally the grounds upon which the motion is based, and may be amended at any time before it is ruled upon by the hearing officer.

2. Upon the general ground that the hearing officer erred in admitting or rejecting evidence, the hearing officer shall review all rulings during the hearing upon objections to evidence.

3. Upon the general ground that the findings of fact or decision are not justified by the evidence, the hearing officer shall review the sufficiency of the evidence.

D. Time for motion for rehearing. A motion for rehearing shall be filed not later than 15 days after service of the decision upon the party.

E. Time for serving affidavits. When a motion for rehearing is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the hearing officer for good cause shown or by the parties by written stipulation. The hearing officer may permit reply affidavits.

F. On initiative of hearing officer. Not later than 15 days after the date of the decision, the hearing officer may order a rehearing for any reason for which it might have granted a rehearing on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the hearing officer may grant a motion for a rehearing, timely served, for a reason not stated in the motion. In either case, the hearing officer shall specify in the order the grounds therefor.

G. Questions to be considered in rehearing. A rehearing, if granted, shall be only a rehearing of the question or questions with respect to which the decision is found erroneous, if separable. If a rehearing is ordered because the damages or penalties are excessive or inadequate and granted solely for that reason, the decision shall be set aside only in respect of the damages or penalties, and shall stand in all other respects.

H. Motion on ground of excessive or inadequate damages. When a motion for rehearing is made upon the ground that the damages or penalties awarded are either excessive or insufficient, the hearing officer may grant the rehearing conditionally upon the filing within a fixed period of time, not to exceed 15 days, of a statement by the party adversely affected by reduction or increase of damages or penalties accepting that amount of damages or penalties which the hearing officer shall designate. If such a statement is filed with the prescribed time, the motion for rehearing shall be regarded as denied as of the date of such filing. If no statement is filed, the motion for rehearing shall be regarded as granted as of the date of the expiration of the time period within which a statement may have been filed. No further written order shall be required to make an order granting or denying the rehearing final. If the conditional order of the hearing officer requires a reduction of or increase in damages or penalties, then the rehearing will be granted in respect of the damages or penalties only and the decision shall stand in all other respects.

I. Number of motions for rehearing. Not more than two motions for rehearing shall be granted to any party in the same action.

J. Specifications of grounds of rehearing in order. An order granting a motion for rehearing shall specify with particularity the ground or grounds on which the rehearing is granted.

K. Final decision.

1. If a motion for rehearing is denied, the final decision denying the motion for rehearing shall be sent within five days after the denial to all parties by any means evidencing receipt. A final decision shall contain a paragraph substantially as follows:

"This is the final decision of the hearing officer in the matter of _______________ ."

2. If the motion for rehearing was granted, after the rehearing is completed, a final decision shall be made and shall be sent within five days after the conclusion of the rehearing to all parties as required in subsection (K)(1). A final decision shall contain:

a. A statement of facts;

b. A statement of the decision with supporting rationale; and

c. A paragraph substantially as stated in subsection (K)(1).

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1183 Judicial Review

Any final decision made as a result of a hearing held pursuant to Articles 10 and 11 are subject to judicial review in accordance with A.R.S. Title 12, Chapter 7, Article 6.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1184 Exclusive Remedy

Articles 10 and 11 (R7-2-1001 et seq.) provide the exclusive procedure for asserting a cause against the school district and its governing board arising in relation to any procurement conducted under Articles 10 and 11.

History

• Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1185 Qualifications for Hearing Officers

A. A "hearing officer" means a person assigned to preside at a hearing held pursuant to Articles 10 and 11 and whose duty it is to assure that proper procedures are followed and that the rights of the parties are protected.

B. A hearing officer shall be:

1. Unbiased - not prejudiced for or against any party in the hearing;

2. Disinterested - not having any personal or professional interest which would conflict with his/her objectivity in the hearing; and

3. Independent - may not be an officer, employee or agent of the contractor or governing board, or of any other public agency involved in the dispute to be settled. A person who otherwise qualifies to conduct a hearing is not an employee of the contractor or governing board solely because he or she is paid by the parties to serve as a hearing officer.

C. A hearing officer shall have:

1. A minimum of three years of verified experience in the practice of law; or

2. A minimum of three years of verified experience in school procurement or school facilities management and a minimum of one year of verified experience in conducting hearings. Completion of a course or program in conducting a hearing or arbitration may substitute for the one year of verified experience in conducting hearings.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1186 Reserved

Ariz. Admin. Code § R7-2-1187 Reserved

Ariz. Admin. Code § R7-2-1188 Reserved

Ariz. Admin. Code § R7-2-1189 Reserved

Ariz. Admin. Code § R7-2-1190 Reserved

Part XXII INTERGOVERNMENTAL PROCUREMENTS

Ariz. Admin. Code § R7-2-1191 Cooperative Purchasing Authorized

A. A school district may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any materials, services, specified professional services, construction, or construction services with one or more eligible procurement units in accordance with an agreement entered into between the participants. An agreement entered into as provided in R7-2-1191 through R7-2-1195 is exempt from A.R.S. § 11-952(D) and (E). Parties under a cooperative purchasing agreement may:

1. Sponsor, conduct, or administer a cooperative purchasing agreement for the procurement or disposal of any materials, services or construction.

2. Cooperatively use materials or services.

3. Commonly use or share warehousing facilities, capital equipment and other facilities.

4. Provide personnel, except that the requesting public procurement unit shall pay the public procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement.

5. On request, make available to other public procurement units informational, technical or other services or software that may assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the informational, technical, or other services or software has the right to request reimbursement for the reasonable and necessary costs of providing such services or software.

B. The activities described in subsections (A)(1) through (A)(5) do not limit what parties may do under a cooperative purchasing agreement.

C. A nonprofit corporation shall comply with Articles 10 and 11 in any cooperative purchasing agreement the nonprofit corporation administers in which a school district participates.

D. Whether administering or purchasing from the agreement, this Section does not abrogate the responsibility of each school district to perform due diligence in order to ensure compliance with Articles 10 and 11 notwithstanding the fact that the cooperative purchase is administered by another eligible procurement unit.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1192 Contract Provisions in a Cooperative Purchasing Agreement

Any contract entered pursuant to R7-2-1191 shall provide that:

1. Payment for materials and services and inspection and acceptance of materials or services ordered by an eligible procurement unit under a cooperative purchasing agreement shall be the exclusive obligation of such procurement unit;

2. The exercise of any rights or remedies by a using eligible procurement unit shall be the exclusive obligation of such procurement unit. The administering public procurement unit, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy;

Any school district may terminate without notice any cooperative purchasing agreement if another eligible procurement unit fails to comply with the terms of the contract;

4. Failure of an eligible procurement unit to secure performance from the contractor in accordance with the terms and conditions of its purchase order does not necessarily require any other eligible procurement unit to exercise its own rights or remedies; and

5. An eligible procurement unit shall not use a cooperative purchasing contract as a method for obtaining concessions or reduced prices for non-contract purchases of similar materials or services.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1193 Use of Payments Received by a Supplying Public Procurement Unit

All payments received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit to defray the cost of the cooperative program.

History

• Adopted effective December 17, 1987 (Supp. 87-4).

Ariz. Admin. Code § R7-2-1194 Public Procurement Units in Compliance with Article Requirements

A. If the public eligible procurement unit administering a cooperative purchase complies with the requirements of this Article Articles 10 and 11, any public procurement unit participating in such a purchase is deemed to have complied with Articles 10 and 11. Public procurement units may not enter into a cooperative purchasing agreement for the purpose of circumventing Articles 10 and 11.

B. A participating public procurement unit using a contract awarded by another eligible procurement unit shall only purchase awarded materials, services, specified professional services, construction, or construction services in compliance with the terms, conditions and prices in the contract.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1195 Contract Controversies

A. Under a cooperative purchasing agreement in which a school district is a party, controversies arising between an administering public procurement unit and its bidders, offerors or contractors shall be resolved in accordance with Articles 10 and 11.

B. Any local public procurement unit which is not subject to R7-2-1181 through R7-2-1185 may enter into an agreement with a school district to establish procedures or use such school district's existing procedures to resolve controversies with contractors, whether or not such controversy arose from a cooperative purchasing agreement.

History

• Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1196 General Services Administration Contracts

A. The governing board may authorize purchases under a current General Services Administration contract for materials or services without complying with the requirements of Articles 10 and 11 if the governing board determines in writing before proceeding with a General Services Administration contract procurement that all of the following apply:

1. The price for materials or services is equal to or less than the contractor's current federal supply contract price with the General Services Administration and is fair and reasonable.

2. The contractor has indicated in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions to the school district.

3. The purchase order adequately identifies the federal supply contract on which the order is based, including the name of the contractor, contract number and procurement description.

4. The purchase contract is cost effective based on price, quality and other relevant factors, and is advantageous to the school district.

B. The school district shall only purchase materials or services awarded under the applicable General Services Administration contract.

C. The governing board shall comply with all federal requirements applicable to state and local government use of General Services Administration contracts.

History

• Adopted by exempt rulemaking at 33 A.A.R. 1527, effective 7/1/2014.

Ariz. Admin. Code § R7-2-1197 Reserved

Ariz. Admin. Code § R7-2-1198 Reserved

Ariz. Admin. Code § R7-2-1199 Reserved

Ariz. Admin. Code § R7-2-1200 Reserved

Article 12 REPEALED

Ariz. Admin. Code § R7-2-1201 [REPEALED]

History

• Adopted effective April 27, 1989 (Supp. 89-2). Repealed effective February 20, 1997 (Supp. 97-1).

Article 13 CONDUCT

Ariz. Admin. Code § R7-2-1301 Definitions

In this Article, unless the context otherwise specifies:

1. "Alleging party" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or other agency who completes a statement alleging immoral or unprofessional conduct against a certificated individual.

2. "Applicant" means a noncertificated person who has been disciplined by the Board and who has submitted an application requesting reinstatement of the person's legal right to work in a public school, or a person who has submitted an application to the Department requesting an evaluation of the requirements set forth in R7-2-601 et seq., requesting issuance of a certificate pursuant to R7-2-601 et seq., requesting renewal of a certificate issued pursuant to R7-2-601 et seq. or requesting changes of coding to existing files or certificates pursuant to R7-2-601 et seq.

3. "Board" means the State Board of Education.

"Certificated individual" means an individual who holds or has held an Arizona certificate issued pursuant to R7-2-601 et seq.

5. "Complaint" means the filing of a charge by the Board against a certificated individual alleging immoral or unprofessional conduct.

6. "Department" means the Arizona Department of Education.

7. "Hearing" means an adjudicative proceeding held pursuant to Title 41, Chapter 6 and R7-2-701 et seq.

8. "Noncertificated individual" means a noncertificated person defined in A.R.S. § 15-505, as determined by the Board.

8. 9. "PPAC" means the Professional Practices Advisory Committee established pursuant to R7-2-205.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1302 Statement of Allegations

A. Any person may file, with the Department Board, a statement of allegations against a certificated or noncertificated individual on forms provided by the Department Board.

B. A statement of allegations shall state the facts under which a party is alleging immoral or unprofessional conduct and shall be signed and notarized.

C. The facts in a statement of allegations shall clearly state the details of the alleged immoral or unprofessional conduct.

D. A statement of allegations shall contain the names, addresses and telephone numbers of individuals who can be contacted to provide information regarding the allegations contained in the statement. The list of individuals shall also include a brief summary of the substance and extent of each individual's knowledge regarding the allegations contained in the statement.

E. The alleging party may attach written or other evidence to a statement of allegations at the time that the statement is filed with the Board.

F. A statement of allegations may be returned to the alleging party if the statement is not complete or not legible.

G. The Board shall conduct an investigation of all statements of allegations filed pursuant to this Article.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1303 Complaint

A. Upon completion of an investigation resulting from a statement of allegations, the Board may file a complaint against a certificated or noncertificated individual, may issue or deny certification to an applicant, or may reinstate a noncertificated individual's legal right to work in a public school and matters related to immoral or unprofessional conduct, unfitness to teach, and the discipline of noncertificated individuals pursuant to A.R.S. § 15-505.

B. The Board may, at its own discretion, investigate any matter and file a complaint against a certificated or noncertificated individual upon receiving any information, from any source, indicating immoral or unprofessional conduct has occurred.

C. A hearing shall be held on a complaint before the PPAC.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-1303 renumbered to R7-2-1304 ; new Section R7-2-1303 renumbered from R7-2-1304 and amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1304 Notification; Investigation

The certificated or noncertificated individual shall have 20 days from service by U.S. mail and email of the notice of investigation to file a written response with the Department Board.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Section R7-2-1304 renumbered to R7-2-1303 ; new Section R7-2-1304 renumbered from R7-2-1303 and amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1305 Investigation

A. Applicants shall certify on forms that are provided by the Department whether the applicant:

1. Has ever received any disciplinary action, including revocation, suspension or reprimand, involving any professional certification or license;

2. Is currently under investigation or has ever been the subject of any investigation by the Department of Child Safety or a similar department in this state or another jurisdiction;

3. Has ever been convicted of a felony offense;

4. Has ever been arrested, cited and released, or received a criminal summons for any offense, regardless if eventually convicted of a crime or if a conviction was set aside or expunged; or

5. Has ever been arrested, cited and released, or received a criminal summons for any offense involving a child, regardless if eventually convicted of a crime or if a conviction was set aside or expunged.

B. Upon receipt of notification that an applicant, certificated, or noncertificated individual has engaged in unprofessional or immoral conduct pursuant to R7-2-1308, conduct that would warrant disciplinary action if the person had been certified at the time that the alleged conduct occurred, or conduct listed in subsection A of this section, the Board shall initiate an investigation.

C. Applicants, certificated, and noncertificated individuals who are alleged to have engaged in unprofessional or immoral conduct pursuant to R7-2-1308, conduct that would warrant disciplinary action if the person had been certified at the time that the alleged conduct occurred, or conduct listed in subsection (A) of this section shall provide the Board with copies of court records and law enforcement reports pertaining to the offense.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1306 [Repealed]

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 1132, effective March 10, 2000 (Supp. 00-1). Repealed by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019.

Ariz. Admin. Code § R7-2-1307 Criminal Offenses

A. The Board shall prohibit a non-certificated individual's employment at a school district or charter school, or revoke, not issue, or not renew the certification or certifications of a certificated individual, who has been convicted of committing or attempting, soliciting, facilitating, or conspiring to commit any of the following criminal offenses in this state or similar offenses in another jurisdiction:

1. Sexual abuse of a minor;

2. Incest;

3. First-degree murder;

4. Second-degree murder;

5. Manslaughter;

6. Sexual assault;

7. Sexual exploitation of a minor;

8. Commercial sexual exploitation of a minor;

9. A dangerous crime against children;

10. Armed robbery;

11. Aggravated assault;

12. Sexual conduct with a minor;

13. Molestation of a child;

14. Exploitation of minors involving drug offenses;

15. Sexual abuse of a vulnerable adult;

Sexual exploitation of a vulnerable adult;

17. Commercial sexual exploitation of a vulnerable adult;

18. Child sex trafficking;

19. Child abuse;

20. Abuse of a vulnerable adult;

21. Molestation of a vulnerable adult;

22. Taking a child for the purpose of prostitution;

23. Neglect or abuse of a vulnerable adult;

24. Sex trafficking;

25. Sexual abuse;

26. Production, publication, sale, possession and presentation of obscene items;

27. Furnishing harmful items to minors;

28. Furnishing harmful items to minors by internet activity;

29. Obscene or indecent telephone communications to minors for commercial purposes;

30. Luring a minor for sexual exploitation;

31. Enticement of persons for purposes of prostitution;

32. Procurement by false pretenses of person for purposes of prostitution;

Procuring or placing persons in a house of prostitution;

34. Receiving earnings of a prostitute;

35. Causing one's spouse to become a prostitute;

Detention of persons in a house of prostitution for debt;

37. Keeping or residing in a house of prostitution or employment in prostitution;

38. Pandering;

39. Transporting persons for the purpose of prostitution, polygamy and concubinage;

40. Portraying adult as a minor;

41. Admitting minors to public displays of sexual conduct;

42. Unlawful sale or purchase of children;

43. Child bigamy;

44. Trafficking of persons for forced labor or services;

Kidnapping; or

46. Child enticement.

B. Upon notification by the clerk of the court, magistrate, or court of competent jurisdiction, the Board shall immediately and permanently prohibit a non-certificated individual's employment at a school district or charter school or revoke the certificate or certificates of a certificated individual who has been convicted of any of the following offenses:

1. A dangerous crime against children as defined in A.R.S. § 13-705;

Sexual abuse as prescribed in A.R.S. § 13-1404 in which the victim was a minor;

3. Sexual assault as prescribed in A.R.S. § 13-1406 in which the victim was a minor;

4. Sexual conduct with a minor as prescribed A.R.S. § 13-1405;

5. A preparatory offense as prescribed in A.R.S. § 13-1001 of any of the offenses listed in subsections (B)(1), (2), (3) or (4);

6. Any crime that requires the person to register as a sex offender; or

An act committed in another state or territory that if committed in this state would have been one of the offenses listed in subsections (B)(1), (2), (3), (4), (5) or (6).

C. If the Board takes disciplinary action against a non-certificated individual or, does not issue, does not renew, or revokes a certificate or certificates due to a person's conviction or admission of an offense listed in subsection (A), but which is not an offense listed in subsection (B), the notice of non-issuance, non-renewal, or revocation shall inform the person of that person's right to request a hearing within 20 days of service of the notice subject to the conditions set forth in subsection (D).

D. The Board shall prohibit from employment at a public school a non-certificated individual who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the criminal offenses in this state or similar offenses in another jurisdiction listed in subsections (A)(1) through (44).

E. Upon notification by the clerk of the court, magistrate or court of competent jurisdiction, the Board shall immediately and permanently prohibit a non-certificated individual from employment at a public school if the individual has been convicted of any offense listed in subsections B(1) through (7).

D. Notwithstanding subsection (A), the Board may allow a non-certificated individual to be employed at a school district or charter school or may issue, renew, or not revoke the certificate or certificates of a person who has been convicted of an offense or offenses listed in subsection (A), but which is not an offense listed in subsection (B), if, at a hearing before the PPAC held pursuant to Article 7, the PPAC finds that at least one of the following conditions is met:

1. The individual was previously reviewed, investigated, or disciplined by the Board for the conviction or convictions prior to the implementation of R7-2-1307 on March 27, 2019; or

2. The individual has provided evidence consisting of certified copies of police reports, court orders, or other official records related to the conviction or convictions that demonstrate that all of the following are true:

a. The criminal offense or offenses did not involve a minor and

b. The criminal offense or offenses was originally a misdemeanor or reduced to a misdemeanor or the judgment of guilt has been set aside, vacated, expunged, or pardoned.

E. At the hearing described in subsection (D), the individual shall present, and the PPAC hall consider evidence that the individual meets the conditions set forth in subsection (D). PPAC shall also consider mitigating and aggravating factors surrounding the conviction or convictions at issue, factors bearing on the individual's fitness as an educator, other allegations of unprofessional or immoral conduct, or any other criminal activity.

F. The criminal offenses set forth in subsection (A) constitute immoral or unprofessional conduct in addition to the acts set forth in R7-2-1308.

History

• Adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021. Amended by final exempt rulemaking at 31 A.A.R. 1968, effective 9/14/2024.

Ariz. Admin. Code § R7-2-1308 Unprofessional and Immoral Conduct

A. Noncertificated individuals and individuals holding certificates issued by the Board pursuant to R7-2-601 et seq. and individuals applying for certificates issued by the Board pursuant to R7-2-601 et seq. shall:

1. Make reasonable efforts to protect pupils from conditions harmful to learning, health, or safety;

2. Account for all funds collected from pupils, parents, or school personnel;

3. Adhere to provisions of the Uniform System of Financial Records related to use of school property, resources, or equipment; and

4. Abide by copyright restrictions, security, or administration procedures for a test or assessment.

B. Noncertificated individuals and individuals holding certificates issued by the Board pursuant to R7-2-601 et seq. and individuals applying for certificates issued by the Board pursuant to R7-2-601 et seq. shall not:

1. Discriminate against or harass any pupil or school employee on the basis of race, national origin, religion, sex, including sexual orientation, disability, color or age;

2. Deliberately suppress or distort information or facts relevant to a pupil's academic progress;

3. Misrepresent or falsify pupil, classroom, school, or district-level data from the administration of a test or assessment;

4. Engage in a pattern of conduct for the sole purpose or with the sole intent of embarrassing or disparaging a pupil;

5. Use professional position or relationships with pupils, parents, or colleagues for improper personal gain or advantage;

6. Falsify or misrepresent documents, records, or facts related to professional qualifications or educational history or character;

7. Assist in the professional certification or employment of a person the certificate holder knows to be unqualified to hold a position;

8. Accept gratuities or gifts that influence judgment in the exercise of professional duties;

9. Possess, consume, or be under the influence of alcohol on school premises or at school-sponsored activities;

10. Illegally possess, use, or be under the influence of marijuana, dangerous drugs, or narcotic drugs, as each is defined in A.R.S. § 13-3401;

11. Make any sexual advance towards a pupil or child, either verbal, written, or physical;

12. Engage in sexual activity, a romantic relationship, or dating of a pupil or child;

13. Submit fraudulent requests for reimbursement of expenses or for pay;

14. Use school equipment to access pornographic, obscene, or illegal materials; or

15. Engage in conduct which would discredit the teaching profession.

C. Individuals found to have engaged in unprofessional or immoral conduct shall be subject to, and may be disciplined by, the Board.

D. Procedures for making allegations, complaints, and investigation of unprofessional or immoral conduct shall be as set forth in this Article.

E. Application forms and certificates shall include the rules and statutes related to unprofessional and immoral conduct, including resignation from a contracted position without authorization and duties to report as required by law.

F. Individuals applying for certificates issued by the Board pursuant to R7-2-601 et seq shall certify:

1. That they have read and understood the rules and statutes related to unprofessional and immoral conduct, including resignation from a contracted position without authorization and duties to report as required by law; and

2. Whether they have been disciplined or are under investigation in another state for engaging in conduct that is immoral or unprofessional.

History

• New Section made by final rulemaking at 9 A.A.R. 1544, effective June 28, 2003 (Supp. 03-2). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.

Ariz. Admin. Code § R7-2-1309 Summary Suspension

A. If a certificate holder is arrested, cited and released, or received a criminal summons for an offense listed in R7-2-1307 and if the Board finds the public health, safety or welfare imperatively requires emergency action, the Board may proceed under A.R.S. § 41-1064(C) ordering a summary suspension of a certificate while other proceedings are pending. The Board shall provide notice to the certificate holder of the meeting pursuant to R7-2-703 and R7-2-704.

B. If a non-certificated individual is arrested, cited and released, or received a criminal summons for an offense listed in R7-2-1307 and if the Board finds the public health, safety or welfare imperatively requires emergency action, the Board may proceed under A.R.S. § 41-1064(C) ordering a summary suspension of the right to work in a school district or charter school while other proceedings are pending. The Board shall provide notice to the non-certificated individual of the meeting pursuant to R7-2-703 and R7-2-704.

B. C. Summary suspensions issued by the Board shall remain in effect pending a public hearing and final decision by the Board pursuant to Article 7 of this title.

History

• Amended by final exempt rulemaking at 26 A.A.R. 66, effective 12/13/2019. Amended by final exempt rulemaking at 31 A.A.R. 1968, effective 9/14/2024.

Ariz. Admin. Code § R7-2-1400 Reserved

Article 14 CHARTER SCHOOLS

Ariz. Admin. Code § R7-2-1401 Definitions

For the purpose of this Article the following definitions shall apply:

1. "Applicant" means a person, public body, or private organization that has applied to the State Board of Education to establish a charter school under the provisions of A.R.S. § 15-181 et seq.

2. "Background check" means a report received related to an applicant and the identified governing board members regarding the status of each person's credit and credit history, and any criminal activity identified by the law enforcement agency processing the applicant and governing board member's fingerprints.

3. "Committee" means the Charter School Committee established pursuant to this Article.

4. "Charter School" means a school chartered pursuant to A.R.S. § 15-181 et seq. and sponsored by the Board of Education.

5. "Contract" means a document outlining the terms and conditions of an agreement between the parties.

6. "Governing board" means the governing body responsible for the policy and operational decisions of the charter school formed pursuant to A.R.S. § 15-183 et seq.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1402 Charter School Committee

A. The Board of Education shall establish a Charter School Committee that shall have the responsibility of reviewing applications and preparing a recommendation for the Board of Education's consideration.

B. The Board of Education shall appoint the members of the committee. The committee shall consist of seven members as follows:

1. An individual knowledgeable in building construction or renovation;

2. An individual knowledgeable in finance and accounting and in generally accepted accounting practices;

3. An individual representing a city in this state who is knowledgeable about zoning and operating permit requirements;

4. An individual knowledgeable about elementary and high school curricula and the development and evaluation of curricula;

5. An individual knowledgeable about assessments and the administration of assessments;

6. An individual representing the Board of Education;

7. A current operator of a charter school sponsored by the Board of Education.

C. Terms of each member of the committee shall be for three years. Members may be appointed for subsequent terms upon approval by the Board of Education.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1403 Application

A. Interested parties or individuals may submit an application for approval by the Board of Education pursuant to A.R.S. § 15-181 et seq. Applications shall be on forms approved by the Board of Education.

B. Applications shall be evaluated by the committee. The committee shall prepare a recommendation for the Board of Education's consideration. The recommendation shall be based upon a review of all aspects of the application, including, for example, completeness of the application, the viability of the school including the financial viability, the projected funding sources, the number and population to be served, including school-aged students who are deemed to be unserved or underserved.

1. The committee may request additional information as needed to assist in evaluating the application and preparing a recommendation for the Board of Education's consideration.

2. Recommendations of the committee to the Board of Education may include approval of the application, denial of the application, or deferral of the application pending further information or clarification.

3. Applicants shall be notified in writing at least 10 days prior to the Board of Education meeting of the date, time, and place of the meeting at which the Board of Education shall consider the charter school committee's recommendation related to the application.

4. Action by the Board of Education may include approval of the application, denial of the application, or deferral of the application pending further information or clarification. The Board of Education shall state the reasons for denial or deferral of the application.

5. Applicants shall be notified in writing of the decision of the Board of Education. Written notification that the Board of Education has denied an application shall include reasons for denial. Written notification shall be provided to applicants within 15 days following a decision of the Board of Education.

C. An approved application does not constitute an approved contract, and approval of an application shall not be construed to imply that a contract will be issued.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1404 Contract

A. A contract shall be on forms approved by the Board of Education.

B. At least once per year, the Board of Education shall consider issuance of a contract to approved applicants.

C. Upon review and recommendation from the committee, the Board of Education may approve the issuance of a contract, approve the issuance of a contract pending receipt of specific information or completion of requirements, defer the issuance of a contract, or deny the issuance of a contract. The Board of Education shall state the reasons for denial or deferral of issuance of a contract.

D. Applicants shall be notified in writing at least 10 days prior to the Board of Education meeting of the date, time, and place of the meeting at which the Board of Education shall consider the charter school committee's recommendation related to issuance of a charter.

E. Applicants shall be notified in writing of the decision of the Board of Education. Written notification that the Board of Education has denied issuance of a contract shall include reasons for denial. Written notification shall be provided to applicants within 15 days following a decision of the Board of Education.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1405 Execution of a Contract

A. Contracts shall be signed by the applicant, or a person with signatory authority for the applicant, within six months from the date of approval of issuance of the contract by the Board of Education, unless an extension of time is granted by the Board of Education. If issuance of a contract was approved by the Board of Education pending receipt of additional information, the contract shall be signed by the applicant or a person with signatory authority for the applicant within six months of receipt of the additional information by the Board of Education.

B. Contracts which have not been signed pursuant to this rule shall require reapplication and approval during a subsequent application cycle.

C. The following items shall be submitted to the Board of Education prior to signing of a contract:

1. Background check, including fingerprint clearance for all authorized signatories and all governing board members approved;

2. Certificate of Occupancy or a written exemption from the local municipality or county that the certificate is not required for operation of a public school. A set of architectural plans approved by the local planning and zoning office may be submitted in lieu of a certificate of occupancy for the purposes of this subsection for construction of new buildings or renovation of existing buildings. A certificate of occupancy will be required to be submitted prior to opening of the school.

3. A lease agreement or proof of building availability;

4. Executed statement of assurances;

5. Written verification that the facility meets the requirements established by the state and local fire marshal;

6. Written verification from an insurance company authorized to do business in the state of Arizona that arrangements have been finalized to provide the required amount of insurance;

7. Proof of local County Health Department approval.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1406 Amendments to a Contract

A. Any changes to the contract shall be submitted on forms approved the Board of Education.

B. All amendments to the contract shall be accompanied by a signed governing board resolution or an official copy of the minutes of a governing board meeting that the amendment was approved by the governing board.

C. No amendment shall be effective or implemented prior to being approved by the governing board, submitted to and approved by the Board of Education.

D. Amendments requesting a change in the membership of the governing board shall, in addition to the requirements specified in subsection (B), include a completed fingerprint application and a signed affidavit authorizing a background check.

E. If an extension of time was granted pursuant to R7-2-1405(A), amendments to update the application shall be submitted at the time the contract is executed.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1407 Revocation of a Contract

A. The Board of Education may issue a Notice of Intent to Revoke a Contract and Notice of Hearing to any contract holder who is alleged to be in violation of the contract and the governing board.

B. Within 10 days of receipt of a Notice of Intent to Revoke a Contract and Notice of Hearing, the governing board shall:

1. Notify the parents or guardians of the students enrolled in the charter school that a Notice of Intent to Revoke a Contract and Notice of Hearing has been received;

2. Hold a public meeting to inform the public and discuss the specific charges outlined in the Notice of Intent to Revoke a Contract;

3. Provide the Board of Education with copies of all correspondence and communications used to comply with subsection (B)(1) above and minutes of the meeting as evidence of compliance with subsection (B)(2) above;

4. Provide the Board of Education with the names and mailing addresses of parents or guardians of all students enrolled in the charter school at the time the Notice of Intent to Revoke a Contract and Notice of Hearing was received.

C. Hearings held pursuant to a Notice of Intent to Revoke a Contract and Notice of Hearing shall be held in accordance with Sections R7-2-701 through R7-2-709 .

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Ariz. Admin. Code § R7-2-1408 Renewal of Contract

When considering renewal of a contract, the following, as a minimum, shall be provided to the Board of Education:

1. Assessment results, including scores of the norm-referenced achievement test, the scores of the Arizona's Instrument to Measure Standards (AIMS), and scores of any school assessment programs;

2. Results of any audits conducted, including independent audits, Uniform System of Financial Records or Uniform System of Financial Records for Charter Schools compliance audits, or any audits conducted by the Auditor General's Office;

3. Enrollment reports that include enrollment figures, funding sources, budget updates, and financial reporting of expenditures;

4. All complaints received;

5. Copies of Board of Education minutes where consideration and action was taken on all issues related to the charter school;

Any other reports, information, or materials pertinent to the charter school.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4).

Article 15 EMPOWERMENT SCHOLARSHIP ACCOUNTS

Ariz. Admin. Code § R7-2-1501 Definitions

In this Article, unless the context otherwise specifies:

1. "Administratively complete" means an ESA application that contains all components required by statute or this Article.

2. "Board" means the State Board of Education.

3. "Curriculum" means a course of study for content areas or grade levels, including any supplemental materials required or recommended by the curriculum, approved by the Department.

4. "Department" means the Arizona Department of Education.

5. "Eligible postsecondary institution" means a community college as defined in A.R.S. § 15-1401, a university under the jurisdiction of the Arizona Board of Regents, or an accredited private postsecondary institution.

"Empowerment scholarship account" or "ESA" means an account administered by the Department and funded by the state to provide options for the education of qualified students pursuant to A.R.S. § 15-2401 et seq.

7. "Hearing Officer" means a non-partial representative with either at least three years of verified experience in the practice of law or at least one year of verified experience in conducting hearings, who oversees hearings pursuant to this Article.

8. "Informal Settlement Conference" means a meeting between the Department and the Parent in an attempt to settle the appeal prior to an appeal hearing. The Board and the Hearing Officer do not attend.

8.9. "Misuse of funds" means the use of ESA funds on goods or services not permitted by A.R.S. § 15-2402, this Article or the Department pursuant to R7-2-1507.

9.10. "Parent" means a resident of this state who is the parent, stepparent, legal guardian, or account holder of a qualified student.

10.11. "Program" means the Empowerment Scholarship Account Program.

11.12. "Qualified school" means a nongovernmental primary or secondary school or a preschool for pupils with disabilities that is located in this state or, for qualified students who reside within the boundaries of an Indian reservation in this state, and that is located in an adjacent state and that is within two miles of the border of the state in which the qualified student resides, and that does not discriminate on the basis of race, color or national origin.

12.13. "Qualified student" means a resident of this state who:

a. Is any of the following:

i. Identified as having a disability under section 504 of the rehabilitation act of 1973 (29 U.S.C. 794);

ii. Identified by a school district or by an independent third party pursuant to A.R.S. § 15-2403(J) as a child with a disability as defined in A.R.S. § 15-731 or § 15-761;

iii. A child with a disability who is eligible to receive services from a school district under A.R.S. § 15-763;

iv. Attending a school or school district that was assigned a letter grade of D or F pursuant to A.R.S. § 15-241 for the most recent year in which letter grades were assigned or is currently eligible to attend kindergarten and who resides within the attendance boundary of a school that was assigned a letter grade of D or F pursuant to A.R.S. § 15-241 for the most recent year in which letter grades were assigned. A child who meets the requirements of this item and who meets the income eligibility requirements for free and reduced-price lunches under the National School Lunch and Child Nutrition Acts (42 U.S.C. 1751 through 1793) is not subject to R7-2-1501(12)(b) ;

v. A previous recipient of a scholarship issued pursuant to A.R.S. § 15-891 or this Section, unless the qualified student's parent has been removed from eligibility in the Program for failure to comply pursuant to A.R.S. § 15-2403(C);

vi. A child of a parent who is a member of the armed forces of the United States and who is on active duty or was killed in the line of duty. A child who meets the requirements of this subsection is not subject to R7-2-1501(12)(b) ;

vii. A child who is a ward of the juvenile court and who is residing with a prospective permanent placement pursuant to A.R.S. § 8-862 and the case plan is adoption or permanent guardianship;

viii. A child who was a ward of the juvenile court and who achieved permanency through adoption or permanent guardianship;

ix. A child who is the sibling of a current or previous ESA recipient or of an eligible qualified student who accepts the terms of and enrolls in an ESA;

x. A child who resides within the boundaries of an Indian reservation in this state as determined by the Department or a tribal government; or

xi. A child of a parent who is legally blind or deaf or hard of hearing as defined in A.R.S. § 36-1941.

b. And, except as provided in R7-2-1501(12)(a)(iv) and R7-2-1501(12)(a)(vi), who meets any of the following requirements:

i. Attended a governmental primary or secondary school as a full-time student as defined in A.R.S. § 15-901 for at least 45 days of the current or prior fiscal year and who transferred from a governmental primary or secondary school under a contract to participate in an ESA. Kindergarten students who are enrolled in Arizona online instruction must receive 100 hours of logged instruction to be eligible pursuant to this subsection. First, second and third grade students who are enrolled in Arizona online instruction must receive 200 hours of logged instruction to be eligible pursuant to this subsection. Fourth, fifth and sixth grade students who are enrolled in Arizona online instruction must receive 250 hours of logged instruction to be eligible pursuant to this subsection. Seventh and eighth grade students who are enrolled in Arizona online instruction must receive 275 hours of logged instruction to be eligible pursuant to this subsection. High school students who are enrolled in Arizona online instruction must receive 250 hours of logged instruction to be eligible pursuant to this subsection. For the purposes of this subsection, students may accumulate days of enrollment and hours of instruction in the current or prior fiscal year, or a combination thereof;

ii. Previously participated in an ESA;

iii. Received a scholarship under A.R.S. § 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in A.R.S. § 15-901 for at least 90 days of the prior fiscal year or one full semester before attending a qualified school;

iv. Was eligible for an Arizona scholarship for pupils with disabilities and received monies from a school tuition organization pursuant to A.R.S. § 43-1505 or received an Arizona scholarship for pupils with disabilities but did not receive monies from a school tuition organization pursuant to A.R.S. § 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in A.R.S. § 15901 for at least 90 days of the prior fiscal year or one full semester prior to attending a qualified school;

v. Attended a nonpublic school for pupils with disabilities in the prior year if placement at the school was approved by the Department and contracted for by a public school district.

v.vi. Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a kindergarten program in a school district or charter school in this state or attended a program for preschool children with disabilities . For the purposes of this item, a child is eligible to enroll in a kindergarten program if the child is at least five years of age on January 1 of the current school year, is under seven years of age, and has not already completed a kindergarten program and is not enrolled in grade one of a private or governmental school in the current year; or

vi.vii. Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a program for preschool children with disabilities in this state.

"Stay" means a Parent may have access to a terminated ESA account pending the resolution of their appeal.

13.15. "Substantively complete" means an ESA application that meets all substantive criteria required by statute or this Article.

14.16. "Supplemental materials" referenced in A.R.S. § 15-2401(2), means relevant materials directly related to the course of study for which they are being used that introduce content and instructional strategies or that enhance, complement, enrich, extend or support the curriculum.

15.17. "Treasurer" means the Office of the State Treasurer.

16.18. Unless otherwise specifically defined herein, all defined terms shall have the same meaning as those ascribed to them in the A.R.S., Title 41.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 11/1/2020. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1501.01 Expanded Qualified Student Definition

Notwithstanding A.R.S. § 15-2401 and R7-2-1501, beginning in the 2022-2023 school year, unless the context otherwise requires, "Qualified Student" includes a resident of this state who both:

1. Is eligible to enroll in a public school in this state in any of the following:

a. A preschool program for children with disabilities,

b. A kindergarten program, or

c. Any of grades 1 through 12.

2. Does not otherwise qualify for an Arizona Empowerment Scholarship Account pursuant to this Article.

History

• New Section made by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1502 General Provisions

A. This Section is adopted pursuant to A.R.S. § 15-2403.

B. The Department and the Treasurer shall administer and provide general supervision and oversight of the Program pursuant to A.R.S. § 15-2401 et seq and this Article.

C. The Department and the Board shall include intermediate Saturday, Sundays, and legal holidays when computing days under this Article. If the final day of a deadline established pursuant to this Article falls on a Saturday, Sunday or legal holiday, the next business day is the final day of the deadline.

D. Unless otherwise specified, the Department shall serve a notice or decision that removes a parent from the Program, through personal delivery, first class mail, or certified mail to the parent's last address with the Department, and also by any other method or methods that are reasonably determined to give actual notice to the parent, including electronic mail, text message, phone call, or through an online portal. Each parent shall provide the Department with the parent's mailing address, home address, phone number and email and shall inform the Department of any change of mailing address, home address, phone number or email within 30 days of the change. For all other communications that do not contain notice of removal from the Program, the Board and the Department may communicate through any method or methods, including first class mail, certified mail, electronic mail, text message, phone call or through an online portal.

E. A document is filed with the Board or the Department on the date it is received by the Board or the Department, as established by the Board's or the Department's date stamp on the face of the document. A notice or decision containing an appealable action issued by the Board or the Department pursuant to this Article is served on a party as follows:

1. On the date it is personally served,

2. Five days after it is mailed by first class mail, or

3. On the date of the return receipt if it is mailed by certified mail.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021.

Ariz. Admin. Code § R7-2-1503 Department Responsibilities

The Department shall:

1. On or before March 1 of each year, provide the Board with a handbook, developed in consultation with parents of children on the Program, that includes information relating to policies and processes of ESAs and complies with A.R.S. § 15-2401 et seq and this Article. The Board shall adopt the handbook on or before May 1 of each year. The Board shall limit substantive changes to the handbook to once every three years. The Board may approve changes to the handbook more frequently than every three years to conform and comply with changes to statute or this Article or at the Board's discretion. The handbook shall be posted on the Department's website and distributed to parents and shall clearly identify changes from the prior version, and include the date and time the new handbook was changed:

a. The yearly handbook, when adopted, shall become effective July 1st of each fiscal year.

b. If the yearly handbook is adopted after July 1st, the newly adopted handbook would become effective immediately following adoption.

Establish a dedicated call center for exclusive use for the ESA Program that works in conjunction with the Exceptional Student Services division of the Department or its successor division. Subject to review and approval by the Board, the Department may contract with a third party to operate the call center;

3. Implement customer service performance management policies, procedures, and metrics;

4. Provide training to parents who use the private financial management firm contracted to assist with financial management of the program;

Provide a quarterly report to the Board on the ESA Program, including:

a. The number of students in the program disaggregated by eligibility, grade level and the school district or charter school associated with each student:

i. The total number of special needs students by grade level,

ii. The number of special needs students by disability category, and

b. The annual award amount associated with each student;

c. The number of ESA applications received, approved and denied in the preceding quarter, including the justification for the denied applications;

d. The number of applications processed within 30 days of receipt and the number of administratively incomplete applications. Provide the reasons the administratively incomplete applications were not approved;

e. A summary of any parent input or feedback collected pursuant to R7-2-1503(6) and how the Department is responding to concerns submitted as part of the process;

f. Information on the private financial management firm contracted to assist with financial management of the Program, including:

i. The number and eligibility type of accounts utilizing the firm,

ii. The number of providers and vendors on the firm's platform,

iii. Communications and training provided to parents,

iv. Concerns from parents submitted to the Department, the Treasurer and the private financial management firm and how the Department, Treasurer and private financial management firm are addressing the concerns, and

g. Information regarding appeals filed with the Board that were resolved prior to a hearing;

h. Information related to the audits completed, including:

i. scope of the audit,

ii. data and narratives on audit findings from the Quarter,

iii. data and narratives of finding outcomes from the Quarter, and

i. Summary of all outages within the Department, private financial management firm, Department of Treasury, GAO, ADOA, etc. that cause a delay of the ESA program;

j. Information related to MCC Codes, including:

i. Cumulative list of all MCC code expansions requested and specific reason for each denial,

ii. Cumulative list of all MCC code expansions and exceptions granted by the Department, and

k. Data related reimbursement submissions, including:

i. The average number of days it takes a reimbursement submission to be assigned to a Department staffer,

ii. The average number of days it takes a reimbursement submission to be reviewed by a Department staffer,

iii. The average number of days it takes a reimbursements submission to be approved by a Department staffer, and

l. Provide data related to Help Desk Tickets, including:

i. The quantity of help desk tickets not responded to within three business days,

ii. The quantity of help desk tickets prematurely closed and reopened, and

m. Provide data related to the escalation of Help Desk Tickets, including:

i. The quantity of escalated help desk tickets by category type,

ii. The average number of days to resolution,

iii. A summary of resolutions, and

n. Provide updates on the bidding process for all eligible Department contracts, including:

i. A.R.S. § 15-2403(A): The treasurer may contract with private financial management firms to manage Arizona empowerment scholarship accounts,

ii. A.R.S. § 15-2403(B): The Department shall conduct or contract for annual audits of Arizona empowerment scholarship accounts to ensure compliance with section § 15-2402, subsection B, paragraph 4,

iii. A.R.S. § 15-2403(B): The Department shall also conduct or contract for random, quarterly and annual audits of Arizona empowerment scholarship accounts as needed to ensure compliance with section § 15-2402, subsection B, paragraph 4,

iv. A.R.S. § 15-2403(J): The Department shall contract with an independent third party for the purposes of determining whether a qualified student is eligible to receive educational therapies or services pursuant to section § 15-2402, subsection B, paragraph 4, subdivision (c),

v. R7-2-1503(2): Subject to review and approval by the Board, the Department may contract with a third party to operate the call center,

vi. Any other eligible Department contracts, and

o. The date of the most recent update to the online database of approved expenses and disallowed expenses. A summarization of the changes made.

p. An approximation of the most common award amount. Provide the method or methods and Formula utilized to calculate award amounts

h.q. Any other information the Board requests.

Establish and provide to the Board a process to collect parent input and feedback regarding the Program.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1504 Application and Account Activation

A. The Department shall accept applications to participate in the Program between July 1 and June 30 of each year.

B. The Department shall provide information for prospective applicants on eligibility.

C. The Department shall enroll and issue an award letter to eligible applicants within 30 days after receipt of a completed application and all required documentation. The award letter shall include information on how to activate the account and the amount of ESA funding the student will receive.

D. Within 30 days of issuing the award letter, the Department shall issue the contract to eligible applicants.

E. Prior to issuing a notice of a denied application, the Department shall provide notice describing the administrative or substantive incompleteness of the application and provide the applicant 30 days to provide the missing documentation or information. The Department shall include the justification for the denial and, if the application was substantively incomplete, the Department shall include the applicant's right to appeal.

F. Pursuant to R7-2-1511, a person who has had an application denied due to being substantively incomplete may file a written request for a hearing within 30 days after being served the notice of denial. Administratively incomplete applications are not appealable.

G. If the Board finds in favor of a parent who appealed a denied application, the Department shall expedite the contract and funding to the parent to the extent possible.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021.

Ariz. Admin. Code § R7-2-1505 Contract Between Parent and Department

A. To enroll a qualified student in an ESA, a parent of the qualified student shall sign a contract with the Department. The parent:

1. Shall use a portion of the ESA monies allocated annually to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science, unless the ESA is allocated monies according to a transfer schedule other than quarterly transfers pursuant to A.R.S. § 15-2403(F). This subsection does not require a parent to spend a portion of ESA monies on each subject every quarter;

2. Shall not enroll the qualified student in a school district or charter school, and shall release the school district from all obligations to educate the qualified student. This subsection does not:

a. Relieve the school district or charter school that the qualified student previously attended from the obligation to conduct an evaluation pursuant to A.R.S. § 15-766, or

b. Require a qualified student to withdraw from a school district or charter school before enrolling for an ESA if the qualified student withdraws from the school district or charter school before receiving any monies in the qualified student's ESA.

c. Prevent a qualified student from applying in advance for an ESA to be funded beginning the following school year.

3. Shall not accept a scholarship from a school tuition organization pursuant to A.R.S., Title 43 concurrently with an ESA for the qualified student in the same year a parent signs the contract pursuant to this Section;

4. Shall use the monies deposited in the qualified student's ESA only for the expenses listed in A.R.S. § 15-2402(B)(4);

5. Shall not file an affidavit of intent to homeschool pursuant to A.R.S. § 15-802(B)(2) or (3);

6. Shall not use monies deposited in the qualified student's account for any of the following:

a. Computer hardware or other technological devices, except as provided in R7-2-1505(B) and § 15-2402(B)(4)(p); or

b. Transportation of the pupil, except for transportation services described in A.R.S. § 15-2402(B)(4)(o).

c. Consumable educational supplies, including papers, pens or markers.

7. Shall submit expenses and documentation as required in R7-2-1508.

B. If a qualified student meets any of the criteria specified in A.R.S. § 15-2401(7)(a)(i), (ii), or (iii), as determined by a school district or by an independent third party under A.R.S. § 15-2403(J), the qualified student may use the following additional services:

1. Educational therapies from a licensed or accredited practitioner or provider including and up to any amount not covered by insurance if the expense is partially paid by a health insurance policy for the qualified students,

2. A licensed or accredited paraprofessional or educational aide,

3. Tuition for vocational and life skills education approved by the department, and

4. Associated goods and services that include, but are not limited to, educational and psychological evaluations, assistive technology rentals and braille translation goods and services approved by the Department. Associated goods as described in this subsection may include computer hardware or technological devices that assist in accessing educational materials or services and that are associated with the qualified student's needs. Parents that are seeking to use Program funds for an associated good or service pursuant to this subsection shall provide to the Department the special education course of study, service or educational need that the good or service is associated with or may provide the Department with the most current individualized education program, evaluation, or a letter from a qualified service provider. Parents are not advised to contact their districts seeking to update or change their students' individualized education programs or request special education reevaluations in order to make ESA purchases.

5. Pursuant to A.R.S. § 15-2403(J)(2), the Department shall accept independent educational evaluations that are obtained by the parent of a student and performed by a qualified examiner. A "qualified examiner" is defined in A.R.S. § 15-2403(J)(2). A "parent" is defined in R7-2-1501 . Such evaluations shall not be denied based solely on the age of the evaluation.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 11/1/2020. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1506 Contract Renewal

A. A parent is eligible to renew an ESA if:

1. Pursuant to R7-2-1508, the parent submitted expenses and documentation or submitted quarterly attestations;

2. If required, the Department approved expenses pursuant to R7-2-1508 ;

3. The parent spent monies to provide an education in at least reading, grammar, mathematics, social studies, and science for the contract year pursuant to R7-2-1505(A)(1) ; and

4. The parent does not owe the Department monies for disallowed expenses. A parent remains eligible to renew an ESA if the parent has an unresolved appeal regarding a disallowed expense.

B. A student with a disability as defined in A.R.S. § 15-2401(7)(a)(i), (ii), or (iii), as determined by a school district or by an independent third party under A.R.S. § 15-2403(J), may continue on the Program until the end of the school year in which the student reaches the age of 22, if the student or the parent provides documentation to the Department that demonstrates the student has not finished high school.

C. A parent shall renew ESAs on an annual basis as follows:

1. The Department shall provide renewal contracts on or before May 1 to each parent who meets R7-2-1506(A) of this Section;

2. Each parent shall submit the renewal contract to the Department on or before June 30; and

3. Within 30 days of receipt, the Department shall notify each parent of the renewal of the contract. The Department may provide notification through an online portal.

D. If a parent does not submit a renewal contract pursuant to R7-2-1506(C), the Department shall temporarily close the account and cease funding to the ESA until the parent submits the appropriate signed renewal contract. During the temporary closure, funding shall remain in the account until the parent signs the appropriate renewal contract in a format provided by the Department or the Department closes the ESA pursuant to R7-2-1506(E).

E. After an ESA has been temporarily closed for non-renewal pursuant to R7-2-1506(D), a parent may submit the appropriate signed renewal contract in a format provided by the Department to reactivate the ESA. If a parent does not submit a renewal contract for a period of three academic years, the Department shall provide notice through certified mail, email and telephone, if applicable, that the ESA will be closed. To renew the ESA, the parent shall submit a renewal contract within 60 days of receipt of the notification. If the parent does not submit a renewal contract within 60 days, the Department shall close the ESA and return any remaining monies in the ESA to the state general fund. Notwithstanding R7-2-1506(C)(1) and (2), a parent may submit the appropriate signed renewal contract between July 1 and June 30 for the purposes of this subsection.

F. Notwithstanding R7-2-1506(E), on the qualified student's graduation from a postsecondary institution or after any period of four consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, but not before this time as long as the account holder continues using a portion of account monies for eligible expenses each year and is in good standing, the qualified student's Arizona empowerment scholarship account shall be closed and any remaining monies shall be returned to the state general fund.

G. Pursuant to R7-2-1511, a parent whose contract was not renewed by the Department may file a written request for a hearing within 30 days after being served the notice of the non-renewal.

H. At the written request of a parent, the Department shall extend the renewal contract timeframe for up to 30 days from the deadline prescribed in this Section if the parent demonstrates hardship, including an act of God or similar circumstance that prevented the parent from responding by the deadline.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1507 Use of Funds

A. The Department shall establish and maintain a database of approved expenses and disallowed expenses for the current and upcoming fiscal years pursuant to A.R.S. § 15-2401 et seq, and this Article. The Department shall make the database available to parents online and disaggregate the approved expenses by eligibility category.

B. The Department shall establish a process to review an expense before making an administrative decision to deny the expense. The Department shall provide a copy of the process to the Board and include the process in the handbook adopted pursuant to R7-2-1503.

C. The Department shall not request repayment for an expense it has approved for a specific ESA. The Department shall treat similar expenditures by similarly situated account holders in the same manner. This Section does not create authorization for an account holder to expend funds in a manner not permitted by statute.

D. The Department shall consider all account holder requests for MCC Code expansions. Any MCC code exceptions granted to one parent, shall be extended to all parents within five business days.

D. E. Pursuant to R7-2-1511, a parent who has had an expense disallowed by the Department may file a written request for a hearing within 30 days after being served the notice of the disallowed expense.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1508 Review of Expenses

A. The Department may conduct or contract for random or annual audits as needed to ensure monies are used only for expenses that were approved or allowed at the time the expense was made. The Department shall use record retention requirements that were in place at the time the expense was made to determine compliance. The Department may only audit account activity from the last two fiscal years, including the current fiscal year.

B. The Department shall provide annual notice to each parent of when and how the Department will conduct reviews of expenses and audits. The notice may be provided in the handbook adopted pursuant to R7-2-1503 . Notwithstanding any other Section, the Department may review expenses less frequently using a risk-based approach, if the Department provides notice to parents and the Board pursuant to this Section.

C. Parents shall submit expenses that shall include, but are not limited to, the following:

1. Invoices for each vendor, individual or product;

2. Invoices for private schools, which shall include the following:

a. The name of the qualified student,

b. The name of the private school,

c. The transaction date,

d. Tuition or fee amounts, and

e. Total charged to the card, and for reimbursements, proof of method of payment;

3. Invoices for tutors, paraprofessionals, service type or therapists which shall include:

a. Name of the qualified student,

b. The name of one of the following: the vendor, facility, therapist or tutor,

c. A description of the services,

d. The transaction date,

e. The rate amounts,

f. Any processing fees, and

g. Total charged to the card, and for reimbursements, proof of method of payment.

D. For debit card transactions, a parent shall submit all debit card transaction expense receipts to the Department as follows:

1. On or before October 31 for quarter one,

2. On or before January 31 for quarter two,

3. On or before April 30 for quarter three, and

4. On or before July 31 for quarter four.

E. The Department shall review and approve expenses and make its next quarterly disbursement of funds within 30 days of the deadlines prescribed in R7-2-1508(D).

F. On receipt and approval of debit card transaction expense receipts or reimbursements, the Department shall notify the parent through electronic mail or through an online portal. The Department shall not withhold funds for a subsequent quarter if it fails to review expenses, debit card transaction expense receipts or reimbursements within 30 days of the deadline. A parent may submit corrected debit card transaction expense receipts any time prior to the quarterly submission deadline.

G. If a parent fails to submit debit card transaction expense receipts, if required, by the deadlines prescribed in R7-2-1508(D) or submits incomplete debit card transaction expense receipts or reimbursements, the Department shall:

1. Serve notice to the parent of the deficiencies,

2. Provide the parent 15 days from the date of receipt of the notice to submit complete debit card transaction expense receipts or reimbursements, and

Review debit card transaction expense receipts or reimbursements submitted pursuant to this subsection within five days of receipt from the parent.

H. Following the 15 day period provided in R7-2-1508(G)(2), the Department may remove a parent from the Program for failing to submit required debit card transaction expense receipts or failing to correct the deficiencies of a debit card transaction expense receipt.

I. Pursuant to R7-2-1511, a parent that has been removed from the Program may file a written request for a hearing within 30 days after being served the notice of removal. Except in cases in which the Board has found misuse of funds or fraud pursuant to R7-2-1509, the Department shall not withhold funding to one qualified student's ESA due to deficiencies in the expense reporting of a sibling's account.

J. At the written request of a parent, the Department shall extend the deadlines prescribed in R7-2-1508(D) for up to 30 days from the deadlines prescribed in this Section if the parent demonstrates hardship, including an act of God or similar circumstance that prevented the parent from responding by the deadline.

K. If a parent does not make any expenses in a quarter, the parent shall submit attest to that fact in a format provided by the Department.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1509 Misuse of Funds

A. Based on a finding that a parent knowingly misuses funds, the Department shall temporarily suspend the account and provide notice to the parent. The notice shall:

1. Include the reason for the temporary suspension and a detailed description of the disallowed expense; and

2. Provide the parent 15 days, not including weekends, to either:

a. Present documentation that demonstrates the expense is allowable or that the parent was victim to identity theft or fraud; or

b. Agree to repay the amount.

B. The Department shall review the documentation submitted pursuant to R7-2-1509(A)(2)(a) within five days of receipt to determine if the expense is allowable or if the parent was victim to identity theft or fraud. If the Department determines the expense is allowable or that the parent was victim to identity theft or fraud, the Department shall lift the temporary suspension, reinstate the account and make any disbursements that were withheld during the suspension.

C. If the Department determines the documentation fails to demonstrate the expense is allowable or that the parent was victim to identity theft or fraud, the Department shall provide notification to the parent that the amount must be repaid. The Department shall withhold the disbursement of any additional ESA funds until repayment is made. The Department may agree to a gradual repayment plans at the request of the parent and shall reinstate additional ESA funding once repayment has begun. The Department may remove a parent from the Program that fails to repay an amount or agree to a repayment plan.

D. Once a parent agrees to a gradual repayment plan or repays an amount pursuant to R7-2-1509(A)(2)(b) or R7-2-1509(C), the Department shall lift the temporary suspension, reinstate the account and make any disbursements that were withheld during the suspension as follows:

1. Within one day, if the repayment is made by cashier's check or money order; or

2. Within seven days, if repayment is made by personal check.

E. Except in cases which the Attorney General determines that a parent or account holder has committed fraud, any expenditure from an Arizona Empowerment Scholarship Account for a purchase that is deemed ineligible pursuant to A.R.S. § 15-2402 and that is subsequently repaid by the parent or account holder shall be credited back to the Arizona Empowerment Scholarship Account balance within 30 days after the receipt of payment.

F. Pursuant to R7-2-1511, a parent who has been removed from the Program pursuant to this Section may file a written request for a hearing within 30 days after being served the notice of removal.

G. The Department shall refer a case to the Board if a parent does not file an appeal pursuant to R7-2-1511 and either:

1. Fails to repay the amount of a disallowed expense, or

2. Fails to make a payment on a gradual repayment plan.

H. On a finding of misuse of monies, the Board may refer the case to the Attorney General who may bring an action to recover the monies. Upon obtaining evidence of fraudulent use of an account, the Board may refer the case to the Attorney General for the purpose of a criminal investigation.

I. A parent or qualified student is not eligible to enroll a qualified student in the ESA Program if that parent was an account holder on an account that was referred to the Attorney General for misuse of monies unless the parent's expense was subsequently found to be allowable or the parent was the victim of identity theft or fraud.

J. If a parent commits fraud, the Department shall withhold funds from all accounts in the parent's name and close the accounts.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1510 Corrective Action

A. Except for misuse of funds or failing to submit debit card transaction expense receipts pursuant to R7-2-1508, if the Department finds that a parent violated A.R.S. § 15-2401 et seq, this Article or the terms and conditions set forth by the Department in the contract signed by the parent, the Department shall:

Temporarily suspend the account;

Provide notice to the parent of the violation, including an explanation of the violation; and

3. Provide the parent 15 days to correct the violation.

B. The Department may remove a parent or qualified student from the Program for failing to correct a violation pursuant to this Section.

C. Pursuant to R7-2-1511, a parent or qualified student who has been removed from the Program pursuant to this Section may file a written request for a hearing within 30 days after being served the notice of removal.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 12/13/2021. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Ariz. Admin. Code § R7-2-1511 Appeals

A. A parent may appeal to the Board any administrative decision the Department makes pursuant to A.R.S. Title 15, Chapter 19, Article 1, including determinations of allowable expenses, removal from the Program or enrollment eligibility.

B. Stay

1. Pending the resolution of an appeal during which an account is suspended, a parent may request a stay on the account suspension.

a. Included in the request for a hearing filed pursuant to R7-2-1511(F), a parent may file a request to the Board to stay an account suspension. Such request shall be in writing and shall address the matters stated in the Department's notice in R7-2-1511(E).

b. The Department may file a response to the parent's request to stay the suspension of the account. Such response shall be filed with the Board within five business days of receipt of the parent's request to stay the suspension. Such response shall be in writing and shall address the matters stated in the parent's request.

c. Within 10 business days after receipt of the Department's response, the executive director of the Board or the executive director's designee shall make a written determination to either:

i. Proceed with suspension of the account, or

ii. Stay all or part of the suspension of the account if there is a reasonable probability that the appeal will be upheld or that the stay is in the best interest of the State. If a stay is issued, the Department may not withhold funding or contract renewal for the account holder on account of the appealed administrative decision during the stay unless directed by the Board to do so.

d. The executive director or the executive director's designee shall provide the parent and the Department with a written copy of the stay determination including the basis for the determination.

C. Notwithstanding any other Section, the Department may, with the agreement of the account holder on the resolution, informally resolve a disputed administrative action at any time without a formal appeal pursuant to this Article.

D. The Department, on its website and in the parent handbook, shall provide information on the Board's appeals process.

E. The Department shall provide parents with written notice of an appealable action taken by the Department. Such written notice shall inform the parents of his/her right to request a hearing on the action and shall include the following:

1. The statute or rule that is alleged to have been violated or on which the action is based;

2. Identify, with reasonable particularity, the nature of any alleged violation or action;

3. Include a description of the parent's right to request a hearing on the appealable agency action; and

4. Include a description of the parent's right to request an informal settlement conference.

F. Within 30 days after being served with notice of an appealable action, a parent may file a request for a hearing. The notice must be in writing and shall state the following:

1. The identity of the party requesting the hearing,

2. The mailing address of the party requesting the hearing,

3. The agency that rendered the decision related to the appealable action,

4. Identification of the action being appealed,

5. A concise statement of the reasons for the request for hearing,

6. A copy of the administrative decision issued by the Department, and

Any other information or documentation requested by the Board applicable to the appeal process.

G. If good cause is submitted, the Board may accept a request for a hearing that is not filed in a timely manner. Such request must be made in writing and state the basis for not filing the request on time.

H. If a parent requests a hearing pursuant to R7-2-1511(F) and includes all of the items listed in R7-2-1511(F)(1) through (7), the Board shall schedule a hearing.

I. The Board shall provide all parties with a written notice at least 20 days prior to the date set for the hearing. The notice shall include:

1. A statement of the time, place and nature of the hearing;

2. A statement of the legal authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular sections of the statutes and rules involved; and

4. A short and plain statement of the matters asserted. If a party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

J. All notices shall be served via personal delivery or certified mail, return receipt requested or by any other method reasonably calculated to effect actual notice on the agency and all parties to the action at each party's last address of record.

K. A hearing on the appealable action shall be held after a complete appeal is filed and may be advanced or delayed on the agreement of the parties or on a showing of good cause.

L. Informal Settlement Conference

1. A parent may request an informal settlement conference be held with the Department. The request shall be in writing and shall be filed with the Department, and a copy provided to the Board, no later than 10 days after the Board provides notice that the appeal is complete. The Department shall hold an informal settlement conference within seven days after receiving the request. The Department shall notify the Board of the result of the informal settlement conference within five days of the conclusion of the informal settlement conference or prior to the hearing date, whichever is first. The request for an informal settlement conference does not alter the date the hearing is to be held.

2. If an informal settlement conference is held, a person with the authority to act on behalf of the Department must represent the Department at the conference. The Department representative shall notify the parent in writing that statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations are inadmissible in any subsequent administrative hearing.

M. Informal disposition may be made by stipulation, agreed settlement, consent order or default.

N. Hearing Process

1. All hearings shall be conducted before a hearing officer pursuant to this Section.

2. The parties to the appealable agency action have the right to be represented by legal counsel or to proceed without counsel, to submit evidence and to cross-examine witnesses.

a. Pursuant to A.R.S. § 15-2403(E), a parent may designate a representative, not necessarily an attorney, before any hearing held pursuant to this Section. Any designated representative who is not an attorney admitted to practice may not charge for any services rendered in connection with such a hearing.

b. The fact that a representative participated in the hearing or assisted the account holder is not grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

3. The Board shall schedule a prehearing conference on request of any party. A prehearing conference may be held for the following purposes:

a. Clarify or limit procedural, legal or factual issues;

b. Consider amendments to any pleading;

c. Identify and exchange lists of witnesses and exhibits intended to be introduced at the hearing;

d. Obtain stipulations or rulings regarding testimony, exhibits, facts or law;

e. Schedule deadlines, hearing dates and locations if not previously set; or

f. Allow the parties opportunity to discuss settlement.

4. The record in a contested case shall include:

a. All pleadings, motions and interlocutory rulings.

b. Evidence received or considered.

c. A statement of matters officially noticed.

d. Objections and offers of proof and rulings thereon.

e. Proposed findings of fact and conclusions of law and exceptions thereto.

f. Any decision, opinion, recommendation or report of the hearing officer.

g. All staff memoranda, other than privileged communications, or data submitted to the hearing officer in connection with its consideration of the case.

5. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

6. A participant of record shall not communicate, either directly or indirectly, with the Hearing Officer about any substantive issue in a pending matter unless:

a. All participants of record are present;

b. Communication is during a scheduled proceeding, where an absent participant of record fails to appeal after proper notice; or

c. Communication is by written motion with copies to all participants of record.

7. The Hearing Officer may postpone, continue, or cancel a hearing for good cause upon the written request of either party. The participant of record must establish good cause for the written request.

For good cause shown, the hearing officer may grant continuances and extensions of time for filing notices or other documents.

9. The Hearing Officer may direct a party to submit additional memorandum or information within a reasonable period of time. The Hearing Officer shall grant the opposing party a reasonable period of time to respond to the additional memorandum or information.

10. Upon written request, any party may request an opportunity to compare a document copy with the original. The Hearing Officer may grant the request if the record establishes good cause.

O. Conduct of Hearing

1. All hearings shall be recorded. The Board shall secure either a court reporter or an electronic means of producing a clear and accurate record of the proceeding.

2. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings shall be grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

3. The parties may submit proposed findings of fact and conclusions of law prior to the hearing. The hearing officer may require that the parties submit proposed findings of fact and conclusions of law prior to the hearing or at the close of evidence.

4. All interested parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing and shall be prepared at such time to dispose of all issues and questions involved in the appeal. An interested party shall arrange for the presence of that party's witnesses at a hearing.

5. If a party fails to appear at a hearing, the hearing body may proceed with the presentation of the evidence of the appearing party.

The Hearing Officer conducting the hearing may close the hearing to other than interested parties to the extent necessary to protect the interests and rights of the interested parties, within the requirements of A.R.S. §§ 38-431.01, and 38-431.03.

7. The Hearing Officer may conduct all or part of the hearing by telephone other electronic means, as long as each party has an opportunity to participate in the entire proceeding as it takes place.

8. Conduct at any hearing that is disruptive or shows contempt for the proceeding shall be grounds for exclusion from further participation.

P. Evidence

1. All witnesses shall testify under oath or affirmation. The hearing officer shall administer oaths and affirmations.

2. The hearing officer shall afford interested parties an opportunity either to present oral or documentary evidence, or both, and to conduct such cross-examination as may be required for a full and fair disclosure of the facts. The hearing officer may limit the time of oral argument.

3. The hearing officer may choose to admit evidence, a witness' deposition, or a witness' affidavit and determine evidentiary weight of all submitted evidence. The party taking a witness' deposition or affidavit shall bear all deposition-related or affidavit-related costs. The hearing officer shall make rulings necessary to prevent argumentative, repetitive, or irrelevant questioning, to exclude evidence the hearing officer determines to be irrelevant, immaterial or unduly repetitious, and to expedite the examination to the extent consistent with the disclosure of all relevant testimony and information.

Q. Stipulations. Parties to any contested case may stipulate, in writing, agreement upon any matter involved in the proceeding. If approved by the hearing officer, agreement on matters of procedure shall be binding upon the parties to the stipulation. No substantive matter agreed to by the parties shall be binding upon the Board unless incorporated into the decision of the Board.

R. Final Administrative Decision

1. The hearing officer shall issue a written recommendation within 20 days after the hearing is concluded. The written recommendation shall contain a concise explanation of the reasons supporting the recommendation, including the findings of fact and conclusions of law.

2. The hearing officer shall serve a copy of the recommendation on the Board. On request of the Board, the hearing officer shall also transmit to the Board the record of the hearing as described in A.R.S. § 12-904.

3. At one of the following two regularly scheduled meetings of the Board after the hearing officer sends a copy of the recommendation to the Board, the Board may review the recommendation and accept, reject or modify it.

a. If the Board declines to review the hearing officer's recommendation, the Board shall serve a copy of the recommendation on all parties.

b. If the Board rejects or modifies the recommendation, the Board shall serve on all parties, a copy of the hearing officer's recommendation with the rejection or modification and a written justification setting forth the reasons for the rejection or modification of each finding of fact or conclusion of law.

4. The Board shall provide all parties with at least 20 days written notice of the date, time and location of the public meeting at which the Board will consider the hearing officer's recommendation.

S. Rehearing and review of decisions

1. A party may file a motion for rehearing or review within 10 days after service of the final administrative decision. The motion shall be in writing and state the basis upon which the rehearing or review is requested. The motion shall be filed with the Board and a copy provided to the opposing party. When a motion of rehearing is based on new evidence, the new evidence shall be served to the Board with the written motion.

The opposing party may file a response to the motion for rehearing within 15 days after the date the motion for rehearing is filed. The response shall be in writing and address the basis upon which the rehearing or review is requested. The motion shall be filed with the Board and a copy provide to the moving party.

3. A rehearing of a final administrative decision by the Board may be granted for any of the following causes materially affecting the moving party's rights:

a. Except as provided for in R7-2-1511(O)(2), irregularity in the administrative proceedings of the hearing, or abuse of discretion, whereby the moving party was deprived of a fair hearing;

b. Misconduct of the hearing officer; or

c. Newly discovered materials which could not with reasonable diligence have been discovered and produced at the hearing.

4. The filed motion shall be considered at one of the following two regularly scheduled meetings of the Board.

4.5. Service is complete on personal service or five days after the date the final administrative decision is mailed to the party's last known address.

5.6. After a hearing has been held and a final administrative decision has been entered a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party's administrative remedies.

History

• Adopted by final rulemaking at 26 A.A.R. 2881, effective 1/1/2021. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 1/1/2022. Amended by final exempt rulemaking at 29 A.A.R. 542, effective 1/23/2023.

Chapter 3 Commission for Postsecondary Education

Article 1 EXPIRED

Ariz. Admin. Code § R7-3-101 Expired

A. Definitions. In this Article, unless the context otherwise requires:

1. "Agenda item" means a specified matter listed on an agenda included as part of the public notice of a Commission meeting pursuant to A.R.S. § 38-431.02.

2. "Commission" means the Commission for Postsecondary Education.

3. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency.

4. "Public meeting" means a meeting held under and subject to the Open Meeting Act, A.R.S. §§ 38-431 through 38-431.09.

5. "Rule" means a statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of the Commission. Rule includes the amendment or repeal of a prior rule, but does not include intra-agency memoranda.

6. "Rulemaking" means the process for formulation and adoption of a rule.

B. The Commission shall follow the uniform system for numbering, form and style as prescribed by the Secretary of State in the Arizona Administrative Code.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-102 Expired

The Commission may incorporate by reference in its rules and without publishing the incorporated matter in full all or any part of a code, standard, rule, or regulation that is adopted by an agency of the United States or this state, or a nationally recognized organization or association, if incorporation of its text in Commission rules would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the Commission rules shall fully identify the incorporated matter by location, date, and shall state that the rule does not include any later amendments or editions of the incorporated matter. The Commission shall file three copies of the incorporated matter with the Secretary of State at the time the adopted rule is filed.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-103 Expired

The Commission shall maintain an official rulemaking record for each rule proposed. The record and matter incorporated by reference shall be available for public inspection. The Commission rulemaking record shall contain all of the following:

1. Reference to the specific authority under which the rule is proposed to be adopted, amended, or repealed;

2. The name and address of Commission personnel with whom persons may communicate regarding the rule;

3. An informative summary of the proposed rule;

4. The time during which written submissions may be made and the time and place where oral comments may be made;

5. The current status of the proposed rule;

6. Any known timetable for Commission decisions or other action for the rulemaking;

7. A copy of all publications in the Arizona Administrative Register or a newspaper of general circulation with respect to the proposed action;

8. All written petitions, requests, submissions, and comments received by the Commission and all other written materials considered or prepared by the Commission in connection with the proposed action;

9. The official minutes of all oral proceedings regarding the rule;

10. A copy of the economic, small business, and consumer impact summary and the minutes of any public meeting at which the rule was considered by the Commission;

11. A statement of the time, place, and nature of the proceedings for the adoption, amendment, or repeal of the rule;

12. A copy of the final rule, including the date of its adoption and the date of its filing and publication.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-104 Expired

The Commission or its staff shall request that the Secretary of State publish in the Arizona Administrative Register notice of an oral proceeding concerning proposed action by the Commission regarding a rule. The notice shall include a statement of the date, time, place, and nature of the proceedings, and the name and address of Commission personnel with whom persons may communicate regarding the rule. If the Secretary of State declines to publish such information, the Commission or its staff shall cause the information to be published in a newspaper of general circulation. If an oral proceeding regarding a rule is scheduled, the Commission shall allow at least 30 days to elapse after the publication date of the notice before adopting, amending, or repealing the rule.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-105 Expired

The Commission shall cause to be prepared an economic, small business, and consumer impact summary. The economic, small business, and consumer impact summary shall be a brief summary of the following information:

1. An identification of the proposed rulemaking;

2. An identification of the persons who will be directly affected by, bear the costs of, or directly benefit from the proposed rulemaking;

3. An analysis of the probable costs and benefits from the implementation and enforcement of the proposed rulemaking on the Commission, and on any political subdivision or business directly affected by the proposed rulemaking;

4. The probable impact of the proposed rulemaking on employment in business, agencies, and political subdivisions of this state affected by the proposed rulemaking;

5. A statement of the probable impact of the proposed rulemaking on small business;

6. A statement of the probable effect on state revenues;

7. A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rulemaking.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-106 Expired

A rule adopted by the Commission becomes effective when a certified original and two copies of the rule are delivered to the Office of the Secretary of State unless a later date is required by the constitution of Arizona, statute, or court order, or as specified in the rule.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-107 Expired

A. If, as a result of public comment or internal review, the Commission determines that a proposed rule requires substantial change pursuant to subsection (B), the Commission shall issue a supplemental notice containing the changes in the proposed rule, in accordance with R7-3-104 . The Commission shall provide for additional public comment pursuant to R7-3-108.

B. In determining whether a rule which the Commission intends to adopt is substantially different from the rule as originally proposed by the Commission, the following shall be considered:

1. The extent to which the subject matter of the proposed rule or the issues determined by that rule are different from the subject matter or issues involved in the rule which the Commission intends to adopt,

2. The extent to which the effects of the proposed rule differ from the effects of the rule which the Commission intends to adopt,

3. The extent to which all persons affected by the rule which the Commission intends to adopt should have understood that the proposed rule would affect their interests.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R7-3-108 Expired

A. When the Commission proposes a rule, such proposed action shall be presented as a specifically identified agenda item for review at a public meeting of the Commission, and such public meeting shall take place no less than 30 days prior to the public meeting at which the Commission intends to adopt, amend, or repeal the rule. At the time it proposes a rule, the Commission may schedule an oral proceeding on the proposed action. Any person may submit written statements, arguments, and supporting data on the Commission's proposed action to the Executive Director of the Commission within 30 days following the date the Commission proposes the rule.

B. The Commission shall schedule an oral proceeding on a proposed rule if, within 30 days after proposing the rule, a written request for an oral proceeding is submitted to the Commission by no fewer than five persons. An oral proceeding may not be held earlier than 30 days after notice of its date, location, and time is published. If an oral proceeding is scheduled, the Commission shall post, in a location as required for notice of a public meeting, a written notice of the place and date of the proceeding no less than 20 days in advance thereof. The Commission, a member of the Commission, or an official of the Commission's staff designated by the Commission, shall preside at the oral proceeding. At the oral proceeding, minutes of the meeting shall be taken and persons may present oral argument, views, and supporting data on the proposed rule. The person presiding at the hearing shall exclude unduly repetitious argument.

C. Prior to its meeting at which it intends to adopt, amend, or repeal a rule, the Commission shall be provided with a copy of the proposed action; an informative summary of such action; a memorandum summarizing the written public comment received; the economic, small business, and consumer impact summary; and the minutes of any oral proceeding regarding the proposed action. The Commission shall consider all such information prior to adopting, amending, or repealing the rule.

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Article 2 EXPIRED

Ariz. Admin. Code § R7-3-201 Expired

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1322 effective June 10, 2020 (Supp. 20-2).

Ariz. Admin. Code § R7-3-202 Expired

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1322 effective June 10, 2020 (Supp. 20-2).

Ariz. Admin. Code § R7-3-203 Expired

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1322 effective June 10, 2020 (Supp. 20-2).

Ariz. Admin. Code § R7-3-204 Expired

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1322 effective June 10, 2020 (Supp. 20-2).

Ariz. Admin. Code § R7-3-205 Expired

History

• Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1322 effective June 10, 2020 (Supp. 20-2).

Article 3 ARIZONA LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM

Ariz. Admin. Code § R7-3-301 Federal LEAP Requirements

The federal government requires that a state LEAP Program must:

1. Be administered by a single state agency in accordance with the Federal-State Agreement under Section 1203 of the Higher Education Act, as amended. The Governor of Arizona has designated as the responsible single state agency the Arizona Commission for Postsecondary Education, which hereafter shall be referred to as the Commission;

2. Award grants only to students who meet the eligibility and financial need requirements as outlined in R7-3-304(A) and (B) ;

3. Provide grants which do not exceed $5,000 per program year for a full-time student enrolled in an eligible program at a participating postsecondary institution;

4. Use as state matching funds an amount which is over and above the amount the state expended for grants in the initial program year of FY 1974;

5. Provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of the accounting for federal funds paid to the state;

6. Provide for making such reports, in such form and containing such information, as may be reasonably necessary to enable the U.S. Secretary of Education to perform program analysis;

7. Provide for the payment of the state matching fund share of grants awarded from direct state appropriated funds;

8. Provide that no payment may be made to a student under this program unless the student meets the requirements specified in R7-3-304 ;

9. Obey all other United States laws and regulations applying to the Federal-State Student Grant Program;

10. Provide that all institutions of higher education in Arizona which meet the eligibility requirements of R7-3-302 shall be eligible to participate in the program;

11. Provide that state expenditures shall not be less than:

a. The average annual aggregate expenditures for the preceding three years; or

b. The average annual expenditure per full-time equivalent student for those years.

12. Provides assurances that all LEAP grants will be awarded without regard to sex, race, debilitating condition, creed, or economic background.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-302 Institutional Eligibility Requirements

To participate in the Arizona LEAP Program, an Arizona postsecondary educational institution must either:

1. Be a public or other nonprofit institution of higher education which:

a. Admits as regular students only persons who have a high school diploma, have the recognized equivalent of a high school diploma, or are beyond the age of compulsory school attendance in the state in which the institution is located, and who have the ability to benefit from the training offered;

b. Is legally authorized by the state of Arizona to provide an educational program beyond secondary education;

c. Provides an educational program for which it awards an associate, baccalaureate, graduate, or professional degree, or at least a two-year program which is acceptable for full credit toward a baccalaureate degree; or at least a one-year training program which leads to a certificate or degree and prepares students for gainful employment in a recognized occupation; or at least a six-month training program at a postsecondary vocational institution (such as a public community college) which leads to a certificate or degree and prepares students for gainful employment;

d. Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution which has satisfactorily assured the Secretary that it will meet the accreditation standards of an approved agency or association within a reasonable time, considering the resources available to the institution, the period of time it has operated and its efforts to meet accreditation standards, or is an institution whose credits are determined by the Secretary to be accepted on transfer by at least three accredited institutions on the same basis as transfer credits from fully accredited institutions.

e. Has a certified Eligibility Letter and a valid written Program Participation Agreement from the Department of Education cited in 34 CFR 668.

2. Be a proprietary institution of postsecondary education which:

a. Is not a public or other nonprofit institution;

b. Admits as regular students only persons who have a high school diploma, have the recognized equivalent of a high school diploma, or are beyond the age of compulsory school attendance in the state in which the institution is located, and who have the ability to benefit from the training offered;

c. Is legally authorized to provide postsecondary education in the state of Arizona;

d. Provides at least a six-month or 600 clock hour program of training to prepare students for gainful employment in a recognized occupation;

e. Is accredited by a nationally recognized accrediting agency or association; and

f. Has been in existence for at least two years. The Secretary considers a school to have been in existence for two years if it has been legally authorized to provide, and has provided, a continuous training program to prepare students for gainful employment in a recognized occupation during the 24 months (except for normal vacation periods) preceding the date of application for eligibility.

g. Refer to this subsection (1)(e).

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-303 Receipt and Allocation of Arizona LEAP Program Funds

A. Receipt of funds.

1. The Commission may receive funds for the Arizona LEAP Program from the following sources:

a. The federal government;

b. The Arizona Legislature;

c. Institutions which are eligible to participate in the program; and,

d. Other nonfederal institutions, organizations, or individuals.

2. All funds received will be deposited by the Commission in a properly secured account and appropriate controls will be instituted to assure that accountability will be maintained for all funds received.

Available federal program funds will be matched, on a dollar-for-dollar basis, by state appropriated funds.

Funds provided by the eligible participating institutions and nonfederal funds from other institutions, organizations, or individuals shall be used by the Commission to supplement the federal and state program funds for grants and for necessary administrative costs.

B. Allocation of funds.

1. Arizona LEAP Program Funds will be allocated to eligible Arizona postsecondary educational institutions according to their proportionate share of the State's total headcount of Arizona resident students enrolled in eligible programs. The Commission will survey each eligible institution in Arizona no later than May of each year to determine the number of eligible Arizona resident students who are enrolled. Headcount will be determined in the following manner:

a. Semester or quarter hour schedule institutions will provide data for the preceding fall semester. (For example, allocations for the LEAP program for any given academic year will be based on enrollment data from the previous academic year.)

b. Institutions which operate on clock hour or other nontraditional schedules will provide unduplicated student enrollment data for the period from August through April of the previous year. (For example, allocations for the LEAP program for any given year will be based on data for the period August through April.) Enrollment data must be verified by two Administrative Officials of the school.

2. The staff will promptly notify each eligible institution of its preliminary allocation as soon as necessary Commission approvals can be obtained. The total will show the amount of federal and state dollars and also the amount the institution must provide to receive the full allocation. The institution will be asked to select one of the following choices:

a. It will provide the full amount of institutional funds in order to receive the full allocation.

b. It will provide the full amount of institutional funds and also is prepared to provide additional institutional funds if additional federal and state funds should become available. The institution will be asked to specify the amount of additional institutional funds it will be able to provide.

c. It prefers to provide a lesser amount which will be noted in the space provided. In this case the federal and state amounts will be adjusted to meet the reduced institutional amount.

d. It chooses not to participate in the LEAP program for this period. In this case it is important that the institution return the form to the Commission to inform them of this choice.

3. A response due date will be included in this notification. Only institutions whose response is received by the Commission by that due date will be eligible to participate in the LEAP Program for that academic year.

All institution responses which are received by the Commission on or before the response due date will determine the final list of institutions eligible to participate in the LEAP program. If all institutions elect to participate, the preliminary allocation will become the final allocation list. However, if some institutions choose not to participate, or if some prefer to participate at a reduced level, the staff will calculate a new final allocation list considering only the institutions on the final institutional eligibility list. The staff will then notify each participant institution of its revised allocation, the amount of institutional funds to provide, and instructions for transmitting its funds to the Commission.

5. The Commission will maintain the necessary accounts for each eligible institution which participates in the Arizona LEAP Program. Each account will, as a minimum, show the current status of that account for its source of program funds, and such other information that the Commission deems necessary.

C. Transfer of institutional funds. When the institution receives its final allocation notice from the Commission, it shall send its institutional funds to the Commission. This transfer shall take place beginning July 1 of each year. Checks conveying institutional funds shall be made out to the Arizona Commission for Postsecondary Education -- LEAP Program.

D. Disbursement of Arizona LEAP Program Funds to Participating Institutions. The Commission will disburse funds from the Arizona LEAP Program Fund to participating institutions for further disbursement to approved student applicants in accordance with the program calendar.

E. Reallocation of Unused LEAP Program Funds

1. Schools will be contacted in February, and asked if they will be able to use all their funds or if they wish additional funding and the amount thereof.

2. Schools not awarding 100% of their funds by the middle of February may have the remaining LEAP funds recovered by the Commission for reallocation. Remaining institutional funds, less administrative funds, will then be returned to each of those schools when the final program financial report has been received by the Commission.

3. In March, a reallocation of funds will take place and funds will be available for those schools that asked for additional funds in February.

a. If the amount of available funds exceeds the total amount of requests, all requests will be honored. Any remaining available funds will be retained by the Commission for later reallocation.

b. If the amount of the requests exceeds the amount of available funds, the Commission will allocate those funds among the requesting institutions based on each institution's proportionate share of Arizona resident students eligible headcount for that institution. The enrollment at non-requesting institutions will not be included in these calculations.

4. The staff will notify each participant institution of its share of the reallocation, the amount of institutional funds to provide, and instructions for transmitting its funds to the Commission.

5. Any LEAP funds retained by the institutions, minus the institutional proportionate share originally paid, must be returned to the Commission in the form of a check by the end of July, along with the signed Financial Report. Any unused program funds remaining in the state treasury will be returned to the institutions in the same proportionate share as was paid in at the beginning of the program year. The Commission may impose a deduction in the amount of those unutilized program funds from a school's following years allocation.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-304 Arizona LEAP Student Eligibility Requirements

A. Student eligibility requirements. To be eligible for a grant from the Arizona LEAP Program, a student must:

1. Be a resident of the State of Arizona as defined by the A.R.S. §§ 15-1802, 15-1803, 15-1804, and 15-1805;

2. Be enrolled or accepted for enrollment on at least a half-time basis as defined in R7-3-309(A)(20) in an eligible course or program at an Arizona postsecondary educational institution which has met the institutional eligibility requirements in R7-3-302, and which has been approved by the Commission.

3. At the discretion of the institution financial aid officer, this may include a person who has attained a baccalaureate or first professional degree and has re-entered an eligible Arizona postsecondary institution for retraining in a program below the baccalaureate level. Such a person will be considered an undergraduate student for LEAP purposes.

4. Have a substantial demonstrated financial need determined in accordance with the provision given in R7-3-304(B) ;

5. Maintain satisfactory progress in a course of study as defined by the institution and not be in default or owe a repayment on a federal grant or loan. Refer to 34 CFR 692.

B. Financial Need Determination Procedures. The financial need of eligible students will be determined annually, or more often if need be, by the financial aid officer of the institution the student is attending, or will attend, using the Federal Methodology (FM) system of need analysis approved by the Commission and the U.S. Department of Education. A student must be considered to have substantial need.

C. A student is considered to have substantial financial need when:

1. The student has an expected family contribution of $2,140 or less as a result of the student's FM need analysis for the program year; or,

2. The difference between the student's cost of education and the student's expected family contribution is at least $100.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-305 Arizona LEAP Award Procedures

A. Eligible students who wish to apply for a LEAP award will provide to the financial aid office the information needed for the financial need analysis as specified in R7-3-304(B).

B. The financial aid office will:

1. Determine whether or not the student meets the eligibility requirements for an Arizona LEAP award as outlined in R7-3-304(A) ;

2. Determine the financial need of the student using the need analysis specified in R7-3-309(B) ;

3. Exercise due diligence in determining that the student:

a. Satisfies verification procedures which may be required for federal Title IV financial aid programs;

b. Satisfies requirements listed under 34 CFR 692.4.

4. Recommending the amount of the LEAP award in accordance with the following guidelines:

a. Awards may be made only to students who meet the criteria of R7-3-304(A) ;

b. The total of all LEAP awards to a student may not exceed $2,500 for the program year;

c. The financial aid officer will determine, based on student need, an award of no more than $2,500 nor less than $100 (round all awards to the nearest $1.00).

d. The financial aid officer must ensure that all applications are received in a timely fashion so disbursement of funds to students will be made before a semester or training period ends.

e. Sign the application form.

5. Send the application form to:

Arizona Commission For Postsecondary Education

2020 North Central Avenue, Suite 275

Phoenix, Arizona 85004-4503

(Attention: Financial Aid Director)

6. Receive approved applications, assure that LEAP award funds are disbursed to the student, and retain on file disbursement records (signed receipts, canceled checks, etc.) which verify that the student received the funds. No disbursement may be made to a student who, as a result of a change in status, no longer meets the eligibility requirements outlined in R7-3-304.

7. Maintain adequate fiscal control, accounting, and financial aid records at the institution in accordance with approved state and federal procedures.

8. Provide to the Commission such financial and other information as may be required to meet federal reporting and auditing requirements.

C. The Arizona Commission for Postsecondary Education will:

1. Receive the application for the Arizona LEAP award;

2. Verify that the student is eligible and that there are sufficient funds in the LEAP program account to fund the award;

Approve applications which meet these criteria;

4. Return applications that do not meet the criteria or are in any way incomplete to the financial aid office;

5. Disburse funds to the institution's financial aid officer for the approved applications.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-306 Award Alterations

A. The Commission will attempt to accommodate any changes which institutional financial aid officers wish to make in individual student awards. These changes might include, for example, cancellation of award, reduction in award level, or increase in award level.

1. Increased LEAP Awards: A student's LEAP award may be increased if the earlier award for that program year is less than the maximum amount specified, and if the student is eligible for such an increase. To increase a LEAP award, the institutional financial aid officer will simply submit to the Commission another LEAP application form, and provide updated financial aid information on the form. In no case may a student receive more than a total of $2,500 in LEAP awards for a program year.

2. Reversions: A student's LEAP award may be reduced or canceled. If a student officially or unofficially withdraws or is expelled from the institution, or if the student drops below the minimum number of hours, the institution financial aid officer must attempt to recover all of LEAP award funds possible in accordance with the repayment policies of that institution.

3. The reversion procedure includes the following steps:

a. Funds are recovered from the student;

b. The financial aid officer completes the LEAP Reversion Form;

c. The financial aid officer forwards the completed LEAP Reversion Form(s) and the Transmittal Form to the Commission.

4. Reverted LEAP funds recovered by the Commission are redeposited in the secured LEAP program account and credited to the institution's LEAP Program Fund account. Such funds are then available to the institution to be used to make new LEAP awards.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-307 Administrative Costs

No federal LEAP funds may be used to administer the Arizona LEAP Program. Therefore, administrative expenses will be paid from nonfederal state appropriated or institutional program funds provided such payment does not reduce state appropriated matching funds necessary to receive the maximum federal LEAP funds.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-308 Arizona LEAP Institutional Review

Commission staff members will review Institutional LEAP Program records for each program year, and each institution participating in the LEAP program will be visited at least once every two years. The purpose of the visit is to review, with institution financial aid and fiscal officers, the LEAP student records which state and federal regulations require be kept. Those records include documentation which verifies that:

1. The student is a resident of the state of Arizona as prescribed by Arizona Revised Statutes.

2. The student is currently enrolled at least half-time in an eligible course or program.

3. The student has a demonstrated need for financial assistance as determined by a Federal Methodology needs analysis system approved by the Commission and the U.S. Department of Education.

4. The student has received the LEAP funds approved for the award (for example, a canceled check, a written receipt, a signed roster, etc.).

5. The institutional financial aid officer must assure that the total amount of financial aid awarded to a student, from all sources, added to the amount of the family contribution, is limited by and does not exceed the student's total cost of education. The LEAP award limits and the treatment of any additional funds which were received after the institutional aid awards were made shall be consistent with the federal regulations which govern the Federal Title IV, Campus-based programs.

6. Repayments and refunds of LEAP disbursements which have been made to students shall be made in accordance with the written policies of the institution. These written policies must be consistent with applicable federal regulations and a copy must be filed at the Commission office at the beginning of each LEAP program year.

7. Verify that the institution has a Certified Letter of Eligibility and a valid Program Participation Agreement from the Department of Education cited in 34 CFR 668 .

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-309 Definitions

The following definitions are taken from the Federal Regulations which govern the LEAP program and apply to this Plan as well.

1. "Academic year" means a period of time, usually eight to nine months, during which a full-time student would normally be expected to complete the equivalent of two semesters (24 semester hours), two trimesters (24 trimester hours), three quarters (36 quarter hours), or 900 clock hours of instruction.

2. "Act" means the Higher Education Act of 1998, as amended, of Title IV.

3. "Board" means the Arizona Board of Regents.

4. "CFR" means the Code of Federal Regulations.

5. "Clock hour" means a period of time which is the equivalent of a 50 to 60 minute class, lecture, or recitation, or a 50 to 60 minute period of faculty-supervised laboratory, shop training, or internship.

6. "Commission" means the Commission for Postsecondary Education.

7. "Cost of education" means the cost of attending an institution as defined by the institution.

8. "Dependent student" is a student who does not qualify as an Independent Student.

9. "Eligible course or program" is one which is properly approved by an accrediting agency recognized by the U.S. Department of Education as being an integral part of the curriculum of the institution, is of postsecondary level, and is at least one semester in length at a college or university, or six months in length, or a minimum of 600 clock hours at a proprietary institution.

10. "Expected family contribution of a dependent student" means the sum of amounts which reasonably may be expected from the student to meet the student's costs of education and the amount which reasonably may be expected to be made available to the student by the student's parents for such purpose. Amount is calculated based upon the Federal methodology need analysis for current program year.

11. "Expected Family Contribution of an Independent Student" means the amount which reasonably may be expected from the student or their spouse, or both, to meet the student's cost of education. Amount is calculated based upon the Federal methodology need analysis for current program year.

12. "Federal methodology" means the methodology now mandated by federal regulation for determining financial need for federally funded programs.

13. "Full-time undergraduate student" means a student who has not attained the baccalaureate or first professional degree and who is carrying a full-time academic work load, other than by correspondence, measured in terms of:

a. Course work or other required activities as determined by the institution in which the student is enrolled, or by the state whose agency is administering the program authorized by the Act, which amounts to the equivalent for institutions utilizing trimester, semester, or quarter hour systems, or which consists of a program requiring a minimum of 24 clock hours per week in a program of at least six months or 600 clock hours for those institutions that do not utilize such systems.

b. The tuition and fees customarily charged for full-time study by the institution.

14. "Full-time graduate student" is a student who has attained a baccalaureate or first professional degree, has been accepted by the graduate college, and is enrolled in an approved graduate level program at an accredited university or college for a minimum of nine semester, trimester, or quarter hours during a normal length term or five hours during a summer session.

15. "Independent" means an independent student as defined by federal regulations.

16. "Program funds" means the awards; reversions (reverted/retained); and un-utilized Funds:

a. Awards: Awarded LEAP Funds are dollars given in the form of grants to eligible students attending eligible postsecondary institutions.

b. Reversions:

i. Reverted LEAP funds are funds that have been awarded and because student is no longer eligible are returned to the Commission for re-use at a later date.

ii. Reverted Retained LEAP funds are those funds that institutions have kept and not transferred back to the Commission after the student who has been awarded is considered ineligible for LEAP award.

c. Un-utilized: Un-utilized LEAP Program Funds are those Funds that have never been awarded to a student by an eligible institution.

17. "Public or private nonprofit institution of higher education" means an educational institution which:

a. Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate.

b. Is legally authorized to provide a program of education beyond secondary education.

c. Provides an educational program for which it awards an associate, baccalaureate, or professional degree or at least a two-year program which is acceptable for full credit towards a baccalaureate degree, or at least a six-month vocational program which leads to a certificate or degree and prepares students for gainful employment in a recognized occupation.

d. Is accredited by a nationally recognized accrediting agency or association or, if not so accredited,

i. Is an institution with respect to which the Commission has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or

ii. Is an institution whose credits are accepted on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. This term also includes a public or nonprofit private educational institution which, in lieu of the requirement in this subsection 309(A)(16)(d)(i) admits as regular students persons who are beyond the age of compulsory school attendance in the state in which the institution is located and who have the ability to benefit from the training offered by the institution.

18. "Nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which may lawfully inure to the benefit of any private shareholder or individual.

19. "Parent" means the student's mother or father, or both, legal guardians or legally adoptive parents. This does not include foster parents.

20. "Part-time undergraduate student" is a student who is enrolled at least half-time, but less than full-time, in an eligible program at an eligible and participating Arizona institution. In no case will this be less than six semester, trimester or quarter hours per academic term (including one summer session), or less than 12 clock hours per week for institutions which utilize a clock hour system.

21. "Part-time graduate student" is a student who has attained a baccalaureate or first professional degree, has been accepted by the graduate college, and is enrolled in an approved graduate level program at an accredited university or college for a minimum of six semester, trimester, or quarter hours during any term, including summer sessions.

22. "Postsecondary education institution" means an educational institution which offers courses or training programs which are beyond the high school level in scope and complexity and which are open to the general public. Major categories are public universities, private colleges and universities, community colleges and proprietary institutions.

23. "Program Year" means the consecutive period which begins on July 1 and runs through June 30 of any given year.

24. "Proprietary institution of higher education" means an educational institution:

a. Which provides not less than a six-month or 600 clock hour program of training to prepare students for gainful employment in a recognized occupation;

b. Which admits as regular students only persons having a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate, or persons who are beyond the age of compulsory school attendance and who have the ability to benefit from the training offered;

c. Which is legally authorized by the state in which it is located to provide a program of education beyond secondary education;

d. Which is accredited by a nationally recognized accrediting agency or association approved by the U.S. Commissioner of Education for this purpose;

e. Which is not a public or other nonprofit institution; and

f. Which has been in existence for at least two years. The term also includes any proprietary institution which offers degrees at the associate, baccalaureate or graduate level, and which has an agreement with the U.S. Secretary of Education containing the terms and conditions which the Secretary determines to be necessary to ensure that the availability of assistance to students at the school under this program has not resulted, and will not result, in an increase in the tuition, fees, or other changes to students.

25. "State" means, in addition to the several states of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and Trust Territory of the Pacific Islands, and the Virgin Islands.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999 (Supp. 99-2).

Article 4 ARIZONA PRIVATE POSTSECONDARY EDUCATION STUDENT FINANCIAL ASSISTANCE PROGRAM

Ariz. Admin. Code § R7-3-401 Purpose

The purpose of the Arizona Private Postsecondary Education Student Financial Assistance Program is to enhance the educational opportunities of citizens wishing to attend Arizona private postsecondary colleges or universities by providing financial assistance to eligible students attending eligible postsecondary institutions.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2006, effective May 24, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-402 Definitions

A. "Award year" means the period from July 1 through June 30 of the succeeding year.

B. "Commission" means the Commission for Postsecondary Education.

C. "Eligible postsecondary institution" means any private postsecondary institution:

1. Licensed to provide baccalaureate degrees in Arizona by the Arizona State Board for Private Postsecondary Education; and

2. Accredited by an accrediting body recognized by the United States Department of Education.

D. "Eligible student" means an individual who:

1. Has obtained an associate degree from a community college under the jurisdiction of the Arizona State Board of Directors for Community Colleges; and

2. Enrolls as a full-time undergraduate student at an eligible postsecondary institution.

E. "Enrollment" means the establishment and maintenance of an individual's status as a student in an eligible postsecondary institution, regardless of the definition used at that institution.

F. "FAFSA" means Free Application for Federal Student Aid.

G. "Financial need" means the cost of attendance less expected family contribution, determined from the student's FAFSA form, minus any grant or scholarship aid.

H. "Full-time student" means an individual who is enrolled in at least 12 credit hours per semester or an equivalent calculation.

I. "Undergraduate student" means an individual who has not earned a baccalaureate or professional degree and who is enrolled in a postsecondary educational program which leads to, or is creditable toward, a baccalaureate degree.

J. "Student financial assistance" means awarding a grant of money to an eligible, undergraduate student for payment of tuition and fees, as defined and allowed under United States Department of Education Title IV student assistance analysis, at an eligible postsecondary institution.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2006, effective May 24, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-403 Administration and Allocation of Funds

A. The Commission shall administer the Arizona Private Postsecondary Education Student Financial Assistance Program in accordance with A.R.S. § 15-1854 and the rules promulgated thereunder. Administration shall include but not be limited to the award of vouchers to eligible students approved by the Commission.

B. The Commission shall maintain financial records of all disbursements made under the Program. These records shall include the amount of each student grant and the award year for which it was disbursed.

C. The Commission shall allocate private postsecondary education student financial assistance grant funds to eligible students based on methodology approved by the Commission under these rules.

D. Any funds which have been allocated to a student, but are not used by that student, shall be reallocated by the Commission in a subsequent award year.

E. Student financial assistance will be awarded to renewal students as first priority and then to new students in the order of receipt of completed applications. In the event that there are more new eligible students in an award year than available vouchers for new students, awards shall be made in the following priority:

1. Date of receipt of a completed application,

2. Highest grade point averages for the associate degree.

F. Student financial assistance in the amount up to $1,500 may be disbursed to an eligible student for an award year. An amount representing the student financial assistance award shall be paid to the eligible institution towards tuition and fee charges following:

1. Receipt by the Commission of an institutional certification of full-time attendance by the eligible student; and

2. The initial expiration of the institution's refund time period for United States Department of Education Title IV student assistance during the award year. The institution shall then repay the Commission the applicable proportion of the annual award if the eligible student is not enrolled full-time on the date of the expiration of the institution's refund policy during any subsequent portion of the award year.

G. Student financial assistance in the amount up to $750 may be awarded to an eligible student for half of an award year. An amount representing the student financial assistance award shall be paid to the eligible institution towards tuition and fee charges following:

1. Receipt by the Commission of an institutional certification of full-time attendance by the eligible student; and

2. The expiration of the institution's refund time period for United States Department of Education Title IV student financial assistance.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2006, effective May 24, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-404 Student Eligibility

A. To be considered for an initial private postsecondary education student financial assistance, an eligible student, as defined in R7-3-402(D) and R7-3-402(G), shall submit a complete private postsecondary education student financial assistance program application to the Commission. The application shall contain:

1. Assurance of acceptance at an eligible institution;

2. Assurance of attendance as a full-time student;

3. Written authorization to inspect any of the academic or financial records of the student which are in the possession or under the control of the institution, which records are necessary to the proper administration of the provision of the Program and the regulations promulgated thereunder;

4. A signed statement certifying the student's understanding that the award will be used for tuition and fee expenses only; and

Agreement to reimburse the Commission the total amount of Program awards in the event the student fails to receive a baccalaureate degree within a three-year period of the receipt of the initial student financial assistance award.

B. To be eligible for a renewal of a private postsecondary education student financial assistance, a student shall:

1. Meet the conditions of R7-3-402(D) ;

Provide verification of full-time enrollment and satisfactory academic progress as determined by the institution for the previous award year; and

3. Not have exceeded a cumulative total of $3,000 in awards.

History

• Adopted effective September 19, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2006, effective May 24, 1999 (Supp. 99-2).

Ariz. Admin. Code § R7-3-405 Termination of Award

A. Student financial assistance shall be terminated if:

1. A student has withdrawn from the PFAP program; or

2. A student has been dismissed from the institution for academic or other reasons; or

3. A student is not in attendance for more than 12 consecutive months.

B. The remaining student financial assistance award money designated for that student shall no longer be available to that student. This money shall be available for awards to other eligible students.

History

• Adopted by exempt rulemaking at 5 A.A.R. 2006, effective May 24, 1999 (Supp. 99-2).

Article 5 RECODIFIED

Ariz. Admin. Code § R7-3-501 Recodified

History

• Adopted effective October 31, 1997, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 97-4). Amended effective December 21, 1998, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 98-4). Amended by exempt rulemaking at 6 A.A.R. 917, effective February 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 8 A.A.R. 486, effective January 9, 2002 (Supp. 02-1). Amended by exempt rulemaking at 8 A.A.R. 3743, effective August 8, 2002 (Supp. 02-3). Amended by exempt rulemaking at 9 A.A.R. 3886, effective August 14, 2003 (Supp. 03-3). Section R7-3-501 recodified to Section R2-13-201 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3)

Ariz. Admin. Code § R7-3-502 Recodified

History

• Adopted effective October 31, 1997, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 97-4). Amended by exempt rulemaking at 9 A.A.R. 3886, effective August 14, 2003 (Supp. 03-3). Section R7-3-502 recodified to Section R2- 13-202 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-503 Recodified

History

• Adopted effective October 31, 1997, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 97-4). Section R7-3-503 recodified to Section R2-13-203 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-504 Recodified

History

• Adopted effective October 31, 1997, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 97-4). Section repealed; new Section adopted effective December 21, 1998, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 98-4). Section R7-3- 504 recodified to Section R2-13-204 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-505 Recodified

History

• Adopted effective October 31, 1997, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 97-4). Section repealed; new Section adopted effective December 21, 1998, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 98-4). Amended by exempt rulemaking at 6 A.A.R. 917, effective February 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 7 A.A.R. 5699, effective November 26, 2001 (Supp. 01-4). Amended by exempt rulemaking at 9 A.A.R. 3886, effective August 14, 2003 (Supp. 03-3). Section R7-3- 505 recodified to Section R2-13-205 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-506 Recodified

History

• Adopted effective December 21, 1998, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 98-4). Amended by exempt rulemaking at 6 A.A.R. 917, effective February 10, 2000 (Supp. 00-1). Amended by exempt rulemaking at 6 A.A.R. 2486, effective June 7, 2000 (Supp. 00-2). Amended by exempt rulemaking at 8 A.A.R. 3743, effective August 8, 2002 (Supp. 02-3). Amended by exempt rulemaking at 9 A.A.R. 3886, effective August 14, 2003 (Supp. 03-3). Section R7-3-506 recodified to Section R2- 13-206 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-507 Recodified

History

• Adopted effective December 21, 1998, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 98-4). Amended by exempt rulemaking at 8 A.A.R. 3743, effective August 8, 2002 (Supp. 02-3). Amended by exempt rulemaking at 9 A.A.R. 3886, effective August 14, 2003 (Supp. 03-3). Section R7-3-507 recodified to Section R2-13-207 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Ariz. Admin. Code § R7-3-508 Recodified

History

• New Section made by exempt rulemaking at 8 A.A.R. 3743, effective August 8, 2002 (Supp. 02-3). Section R7- 3-508 recodified to Section R2-13-208 at 27 A.A.R. 1656, with an immediate effective date of September 23, 2021 (Supp. 21-3).

Chapter 4 Arizona Board of Regents

Article 1 CODE OF CONDUCT

Ariz. Admin. Code § R7-4-101 Definitions

In this Code of Conduct, unless the context otherwise provides or requires:

1. "Aggravated violation" means a violation which resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal university or university-sponsored activities.

2. "Board" means the Arizona Board of Regents.

3. "Cheating" means intentionally using or attempting to use unauthorized materials, information or study aids in any academic exercise.

4. "Controlled substance" means a drug or substance listed in schedules contained in A.R.S. §§ 36-2512 through 36-2516.

5. "Distribution" means sale or exchange for personal profit.

6. "Fabrication" means intentional and unauthorized falsification or invention of any information or citation in an academic exercise.

7. "Faculty" means all employees of the Arizona Board of Regents in teaching, research, or service, whose notice of appointment is as lecturer, instructor, assistant professor, associate professor, professor or otherwise designated as faculty on the notice of appointment. Graduate students who serve as assistants, associates or otherwise, are academic appointees as well as graduate students but are not members of the faculty.

8. "Group" means a number of persons who are associated with each other and who have not complied with university requirements for registration as an organization.

9. "Illegal drug" means any drug whose use, possession or distribution is prohibited or restricted by provisions of Title 13 of the Arizona Revised Statues, and includes, without limitation, narcotic drugs, dangerous drugs, marijuana and peyote.

10. "Organization" means a number of persons who are associated with each other and who have complied with university requirements for registration.

11. "Plagiarism" means intentionally or knowingly representing the words or ideas of another as one's own in any academic exercise.

12. "President" means the president of the university or a designee.

13. "Reckless" means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with university or university-sponsored activities.

14. "Student" means any person registered or enrolled in one or more classes except a faculty member or full-time employee who takes any course as a privilege of employment. Graduate students who serve as assistants, associates or otherwise, and all other students employed part-time are classified as students rather than faculty or other university employee.

15. "University" means the appropriate university involved: The University of Arizona, Arizona State University, Northern Arizona University, and any other university governed by the Arizona Board of Regents.

16. "University campus" means all land, buildings, facilities and other property owned, used or controlled by the university.

17. "University community" means university students, administrative and staff personnel, members of the faculty and all other university employees.

18. "University property" means all real and personal property owned by the university or owned by the Arizona Board of Regents and used by the university and includes all such property in the possession of or subject to the control of the university.

19. "University-sponsored activity" means any activity on or off campus which is initiated, aided, authorized or supervised by the university.

20. "Weapon" means any object or substance designed to inflict a wound, cause injury, or incapacitate, including, without limitation, all firearms, pellet guns, switchblade knives, knives with blades five or more inches in length, and chemicals such as "mace" or tear-gas, but excluding normally available over-the-counter self-defense chemical repellents.

History

• Adopted effective August 10, 1983 (Supp. 83-4).

Ariz. Admin. Code § R7-4-102 Prohibited Conduct

The following misconduct is subject to disciplinary action:

1. All forms of student academic dishonesty, including cheating, fabrication, facilitating academic dishonesty and plagiarism.

Intentionally or recklessly causing physical harm to any person on the university campus or at a university-sponsored activity, or intentionally or recklessly causing reasonable apprehension of such harm.

3. Unauthorized use, possession or storage of any weapon, explosive device or fireworks on the university campus or at a university-sponsored activity.

Initiating or causing to be initiated any intentionally false report, warning or threat of fire, explosion or other emergency on the university campus or at a university-sponsored activity.

Intentionally or recklessly interfering with normal university or university-sponsored activities, including, but not limited to, studying, teaching, research, university administration, or fire, police or emergency services.

6. Knowingly violating the terms of any disciplinary sanction imposed for an earlier violation of this Code.

7. Unauthorized use, possession or distribution or possession for purposes of distribution of any controlled substance or illegal drug on the university campus or at a university-sponsored activity.

Intentionally or recklessly misusing or damaging fire safety equipment.

9. Intentionally furnishing false information, including false identification, to the university.

10. Forgery, unauthorized alteration or unauthorized use of any university document or instrument of identification.

Intentionally and substantially interfering with the freedom of expression of others on the university campus or at a university-sponsored activity.

12. Theft or misappropriation of property or of services on the university campus or at a university-sponsored activity; knowing possession of stolen property on the university campus or at a university-sponsored activity.

13. Intentionally or recklessly destroying, damaging or misappropriating university property or the property of others on the university campus or at a university-sponsored activity.

14. Failure to comply with the directions of university officials, including campus police officers, acting in good faith and in the performance of their duties.

15. Failure to comply with other published rules and regulations of conduct that may from time to time be adopted by the Board or the university, including, without limitation, restrictions on the sale or possession of alcoholic beverage on the university campus or at university-sponsored activities.

16. Unauthorized presence in or use of the university campus, facilities or property.

History

• Adopted effective August 10, 1983 (Supp. 83-4).

Ariz. Admin. Code § R7-4-103 Sanctions

A. In addition to any other interim or final action which may be taken to enforce this Code, any person, whether a member of the university community or not, may be ordered to leave the university campus when the president, or such other officer or employee designated by the president to maintain order on the university campus, has reasonable grounds to believe the person is committing any act which interferes with or disrupts the lawful use of university property by others or has reasonable grounds to believe any person has entered upon the university campus for the purpose of committing such an act.

B. One or more of the following restrictions may be imposed for violation of the disciplinary regulations set forth in R7-4-102:

1. Expulsion: Permanent separation of the person from the university. As applied to faculty and other university employees, expulsion may involve dismissal and termination of employment or nonrenewal of an employment contract. An indication of expulsion will appear on the student's transcript or be maintained in the permanent file of the university employee. The person will also be barred from the university campus.

2. Suspension: Separation of the person from the university for a specified period of time. Permanent notification may appear on the student's transcript or in the file of the university employee. Except where any administrative decision under this Code indicates otherwise, a person suspended under this Code shall not participate in any university-sponsored activity, may be barred from the university campus, and where such person is a faculty member or other university employee, any suspension shall be without pay or other benefits incidental to the person's employment position.

3. Probation: This sanction shall be applicable to students only and may include forfeiture of campus privileges for a definite period of time. Additional restrictions or conditions may also be imposed. Appropriate university officials shall be notified of the imposition of such sanctions.

4. Forfeiture: This sanction shall only be applicable to faculty members or other university employees, and shall include forfeiture of the right or expectation to an increase in pay, sabbatical leave, or summer employment for a definite period of time.

5. Warning: The person is warned that further misconduct may result in more severe disciplinary action.

6. Restitution: Payment to the university or to other persons, groups, or organizations for damages incurred as a result of the violation of this Code.

C. Imposition of any sanctions shall take into account the following:

1. Sanctions shall be imposed pursuant to the administrative procedures referred to in R7-4-105.

2. Mitigating factors may be considered. Factors to be considered in mitigation shall be the present demeanor and past disciplinary record of the individual charged with a Code violation, as well as the nature of the offense and the severity of any damage, injury or harm resulting from it.

3. Repeated violations or an aggravated violation of any Section of this Code may result in the imposition of a more severe sanction.

4. Attempts to commit acts prohibited by this Code shall be subject to sanctions of the Code to the same extent as completed violations.

History

• Adopted effective August 10, 1983 (Supp. 83-4).

Ariz. Admin. Code § R7-4-104 Groups and Organizations

A. Student, faculty and employee groups or organizations may be charged with violations of this Code.

B. Such a group or organization and its officers may be held collectively or individually responsible when violations of this Code by those associated with the group or organization have received the tacit or overt consent or encouragement of the group or the organization or its leaders, officers or spokespersons.

C. The officers or leaders or any identifiable spokesperson for such a group or an organization may be directed by president of the university to take appropriate action designed to prevent or end violations of this Code by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acting on its behalf. Failure to make reasonable efforts to comply with such a directive shall be considered a violation of Paragraph 14. of R7-4-102 of this Code, both by the officers, leaders or spokespersons for the group or the organization and by the group or organization itself.

D. Sanctions for group or organization misconduct may include revocation of the use of university facilities for a definite period of time or denial of recognition or registration, as well as other appropriate sanctions, permitted under this Code.

History

• Adopted effective August 10, 1983 (Supp. 83-4).

Ariz. Admin. Code § R7-4-105 Enforcement of the Code

A. The provisions of this Code shall be enforced through use of the following administrative procedures:

1. Faculty shall be subject to those procedures set forth in Article X.C. of the Conditions of Faculty Service.

2. Administrators shall be subject to the procedures set forth in Article VIII of the Conditions of Administrative Service.

3. All other university employees shall be subject to the applicable grievance procedures existing at the university.

4. Students shall be subject to the student disciplinary procedures adopted by the Board.

B. For purpose of enforcement of this Code, a group or organization shall be subject to the same procedures as the majority of its members would be subject to if charged on an individual basis with a violation of this Code.

History

• Adopted effective August 10, 1983 (Supp. 83-4).

Chapter 5 STATE BOARD FOR CHARTER SCHOOLS

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R7-5-101 Definitions

In this Chapter, the following definitions apply:

"Academic performance dashboard" means color-coded graphics that represent a charter school's academic performance by measure for the three most recent fiscal years and identifies whether the schools operated by the charter holder meet the minimum academic performance expectations.

"Academic Performance Framework" means a document publicly available and posted on the Board's website that sets forth the minimum academic performance expectations for charter schools, measures of progress towards meeting the expectations, and consequences of failing to meet the expectations.

"Accounting industry regulatory body" means any state or federal regulatory body that has authority to discipline a certified public accountant or audit firm.

"Administrative completeness review time frame" means the number of days from the Board's receipt of a submission for Board consideration until the Board staff determines whether the submission contains all components and is formatted as required by statute and rule.

"Annual application cycle" means the process the Board conducts each year to receive and review new charter application packages and grant or deny a charter.

"Applicant" means a person that applies to the Board for a new charter.

"Application" means the Board-approved forms and instructions used by an applicant or charter holder to apply for a new charter, transfer a charter as provided under R7-5-302(A)(1), transfer a charter school as provided under R7-5-302(A)(2), or renew or replicate a charter sponsored by the Board.

"Application package" means an application form, narratives, and documents, including exhibits and attachments, submitted by an applicant or charter holder.

"Audit" means a charter holder's annual audit required under A.R.S. § 15-914.

"Audit contract" means an engagement letter provided by an audit firm that describes the terms of a contract between a charter holder and the audit firm.

"Authorized representative" means an individual with the power to bind an applicant contractually according to the applicant's Articles of Incorporation, operating agreement, or by-laws.

"Board" means the Arizona State Board for Charter Schools.

"CAP" means corrective action plan.

"Charter" means a contract between a person and the Board to operate a charter school under A.R.S. § 15-181 et seq.

"Charter holder" means a person that enters into a charter with the Board.

"Charter representative" means an individual with the power to bind a charter holder contractually according to the charter holder's Articles of Incorporation, operating agreement, or by-laws and is the point of contact with the Board for the purposes of communication and accountability to charter terms and conditions.

"Charter school" has the meaning specified at A.R.S. § 15-101.

"Date of notice" means the date on which an electronic notification is sent by the Board to an applicant or charter holder through the authorized representative or charter representative.

"Day" means a business day.

"Demonstration of sufficient progress" means the process for a charter holder to show the charter holder is making progress towards achieving the minimum academic performance expectations specified in the Academic Performance Framework.

"Department" means the Arizona Department of Education.

"Education Service Provider" means an organization that contracts with or has a governance relationship with an applicant or charter holder to provide academic services, administrative services or both. These organizations may also be commonly referred to as Charter Management Organizations or Education Management Organizations.

"Financial performance dashboard" means a color-coded graphic that represents a charter holder's financial performance by measure for the most recent audited fiscal years and identifies whether the charter holder's financial performance meets the minimum financial performance expectations.

"Financial Performance Framework" means a document publicly available and posted on the Board's website, and incorporated herein by reference, that sets forth the minimum financial performance expectations for charter holders, measures of performance, and consequences of failing to meet the expectations.

"Fiscal year" means the 12-month period beginning July 1 and ending June 30.

"June 30 quarterly financial report" means the report for the quarter ending June 30 submitted to the Board by a charter holder assigned a summative financial performance rating of "Intervention" under R7-5-402(G) or a charter holder identified as "On Probation" and, therefore, under R7-5-402(H) does not meet the minimum financial performance expectations. In the June 30 report, the charter holder must include:

An unaudited balance sheet (statement of financial position) that identifies the charter holder's results at June 30 and the charter holder's unrestricted and restricted cash balances. Minimally, the charter holder's restricted cash balance must include the charter holder's unspent Classroom Site Fund monies;

An unaudited income statement (statement of activities) that identifies the charter holder's results for the year ended June 30;

The charter holder's revenue and expense budget that compares year-to-date actual results for the year ended June 30 to the charter holder's annual budget and, for each line item, identifies the percentage of the annual budget represented by the actual results;

The charter holder's calculation of its performance on all six Financial Performance Framework measures, including all figures used in the mathematical calculations, completed using the measure calculator spreadsheet available on the Board's web-based interface;

If not specifically listed on the unaudited income statement (statement of activities), accounting system reports or lease and debt schedules identifying, as applicable, the facility lease expense and interest expense paid by the charter holder for the fiscal year and used in the charter holder's lease adjusted debt service coverage ratio calculation; and

Accounting system reports or debt schedules identifying, as applicable, the bond, loan and capital lease principal paid by the charter holder for the fiscal year and used in the charter holder's lease adjusted debt service coverage ratio calculation.

"Operational performance dashboard" means a color-coded graphic that represents a charter holder's operational performance by measure for up to the five most recent fiscal years and identifies whether the charter holder's operational performance meets the minimum operational performance expectations.

"Operational Performance Framework" means a document publicly available and posted on the Board's website that sets forth the minimum operational performance expectations for charter holders, measures of performance, and consequences of failing to meet the expectations.

"Overall time frame" means the number of days after receipt of a submission for Board consideration until the Board decides whether to grant or deny the request contained in the submission. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame.

"Peer review" means an external quality-control review, required by generally accepted government auditing standards, which determines whether an audit firm's internal quality-control system exists, is operating effectively, and provides assurance that established policies and procedures and applicable auditing standards are being followed.

"Performance expectations" means the minimum academic, financial, and operational performance expectations established by the Board.

"Person" means an individual, partnership, corporation, association, or public or private organization of any kind.

"Principals" means the officers, directors, members, partners, or board of an applicant or charter holder.

"Quarterly financial report" means the report for the quarters ending September 30, December 31 and March 31 submitted to the Board by a charter holder assigned a summative financial performance rating of "Intervention" under R7-5-402(G) or a charter holder identified as "On Probation" and, therefore, under R7-5-402(H) does not meet the minimum financial performance expectations. In each quarterly report, the charter holder must include:

An unaudited balance sheet (statement of financial position) that identifies the charter holder's results at the quarter end date and the charter holder's unrestricted and restricted cash balances. Minimally, the charter holder's restricted cash balance must include the charter holder's unspent Classroom Site Fund monies;

An unaudited income statement (statement of activities) that identifies the charter holder's results year-to-date through the quarter end date;

The charter holder's revenue and expense budget that compares year-to-date actual results through the quarter end date to the charter holder's annual budget and, for each line item, identifies the percentage of the annual budget represented by the actual results; and

The charter holder's calculation of its performance on the default, unrestricted days liquidity, adjusted net income and average daily membership measures, including all figures used in the mathematical calculations, completed using the measure calculator spreadsheet available on the Board's web-based interface.

"Serious impact finding" means an issue identified by the Board that the Board believes has or potentially has a detrimental impact on the operation of the charter school or students, such as threat to the health and safety of children, failure to meet the academic needs of children, gross violation of generally accepted accounting principles that increases the opportunity for fraud or theft, or repeated issues of noncompliance.

"Substantive review time frame" means the number of days after a submission for Board consideration is determined to be administratively complete until the Board decides whether to grant or deny the request contained in the submission.

"Sufficiently qualified" means the Board's determination that an applicant's knowledge, experience, qualifications, current and prior charter compliance, capacity, personal and professional background, and creditworthiness indicate an ability to implement a charter or operate a charter school in accordance with federal and state law and the performance expectations established by the Board.

"Supervising certified public accountant" means the certified public accountant responsible for leading the audit of a charter school or signing the final audit report.

"Technical Review Panel" means individuals approved by the Executive Director of the Board who use their expertise in charter school development, curriculum, and finance to assist the Executive Director by conducting a preliminary evaluation of an application package.

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 28 A.A.R. 3492, effective 10/17/2022. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Article 2 APPLICATION FOR A NEW CHARTER; APPLICATION FOR CHARTER REPLICATION

Ariz. Admin. Code § R7-5-201 Application for a New Charter

A. By March 31 of each year, the Board shall approve and make available on the Board's web-based interface an application for a new charter for a specified annual application cycle.

B. A person that wants to establish a charter school shall submit a complete application package by the submission deadline identified in the application.

C. A person may submit a complete application package by using:

The web-based application on the Board's website; or

2. An alternative submission process. Before using an alternative submission process, the person shall hand deliver or mail a signed, notarized waiver request to the Board, in the form and by the waiver deadline identified in the application, and shall waive the right to have the Board consider an application package submitted through the Board's web-based interface during the same annual application cycle. The Board shall not accept an application package through the alternative submission process unless a waiver request has been submitted by the waiver deadline and acknowledged as timely by the Board.

D. An applicant for a new charter shall ensure the submitted application package contains all the information, materials, documents, and attachments identified in the application and A.R.S. § 15-183(A), including the new charter application processing fee specified under R7-5-202, and is in the format specified in the application.

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.

Ariz. Admin. Code § R7-5-202 New Charter Application Processing Fee

As specifically authorized under A.R.S. § 15-183(CC), the Board establishes and shall collect a new charter application processing fee of $6,500 for each application package submitted to the Board.

1. The new charter application processing fee is $6,500 for each application package an applicant submits to the Board.

2. 1. An applicant shall pay the new charter application processing fee in the form of a single personal or cashier's check that:

a. Is made payable to Arizona State Board for Charter Schools.,

b. Has the applicant's name imprinted on the front of the check, and

c. Is delivered by mail or hand to the Board office during regular business hours by the submission deadline.

3. 2. Board staff shall deem an application package administratively incomplete under R7-5-203(B) if the new charter application processing fee is not received by the submission deadline.

4. 3. Board staff shall deposit all checks within five days of submission. If an applicant's check is dishonored for any reason ,Board staff shall:

a. Deem the application package administratively incomplete under R7-5-203(B), and

b. Require the applicant to pay any future fees to the Board by cashier's check.

5. 4. If an application package is found to be administratively incomplete under R7-5-203(B), and the applicant paid the new charter application processing fee, the Board shall refund the fee to the applicant by mailing a refund check to the authorized representative at the address provided in the application package.

6. 5. If an application package is found to be administratively complete under R7-5-203(B), the new charter application processing fee becomes non-refundable except as required under A.R.S. § 41-1077(A).

History

• New section made by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-203 Time Frames for Granting or Denying a New Charter

A. For granting or denying a new charter, the time frames are:

1. Administrative completeness review time frame: 25 days;

2. Substantive review time frame: 175 days; and

3. Overall time frame: 200 days.

B. An applicant for a new charter shall submit to the Board an administratively complete application package by the submission deadline. An application package is complete if:

1. The application package is from the current application cycle;

1. 2. The application package contains all the information, materials, documents, attachments, signatures, and notarizations identified in the application ;

2. 3. All the application package's components are formatted as required ;

3. 4. All curriculum samples address the required standard;

4. 5. All templates are unmodified and completed; and

5. 6. The application processing fee required under R7-5-202 is paid.

C. The administrative completeness review time frame listed in subsection (A)(1) begins the day after the Board receives an application package.

D. If an application package is administratively complete, Board staff shall send the applicant a written notice of administrative completeness.

E. If an application package is administratively incomplete, Board staff shall:

1. Send the applicant a written notice of deficiency that states the reasons the application package is administratively incomplete;

2. Administratively close the applicant's file. ; and

3. Refund the new charter application processing fee paid under R7-5-202.

a. F. If an applicant receives a written notice of deficiency under subsection (E) and if the submission deadline has not yet passed, the applicant may correct the deficiencies in the administratively incomplete application package and submit a new application package in the same annual application cycle by complying with R7-5-201.

b. G. If an applicant receives a written notice of deficiency under subsection (E) and believes the application package was erroneously designated as administratively incomplete, the applicant may submit a written request for reconsideration to the Board within 10 days after the date of the notice of deficiency.

i. H. An applicant that submits a written request for reconsideration under subsection (G) shall ensure the request:

1. Contains a clear statement indicating how the previously submitted application package fulfilled each of the requirements identified as deficient; and

2. Has no new or additional information, documents, or materials included or attached.

ii. I. Within 10 days after receiving a request for reconsideration, Board staff shall review the request and:

1. Determine whether the request complies with the requirements in subsection (H) and if not, send the applicant written notice the request was not submitted properly and the applicant's file remains closed;

iii. The Board staff shall review a request for reconsideration that is submitted according to subsection (i) and provide a decision on the request for reconsideration within 10 days of receipt.

iv. 2. If Board staff determines the application package was erroneously designated as administratively incomplete, reopen the applicant's file and send the applicant a written notice of administrative completeness ; or

3. If Board staff determines the application package was correctly designated as administratively incomplete, send the applicant written notice the applicant's file remains closed.

3. If the application package is administratively complete, the Board shall send a written notice of administrative completeness to the applicant.

4. J. If Board staff does not provide a notice of deficiency or administrative completeness to the applicant within the administrative completeness review time frame, the application package is deemed administratively complete.

D. K. The substantive review time frame listed in subsection (A)(2) begins when an application package is determined to be administratively complete. Board staff shall ensure the substantive review is conducted according to R7-5-204 .

E. L. Within the time provided in subsection (A)(3), Board staff shall provide the applicant with written notice of the Board's decision to grant or deny a charter.

1. The Board shall deny a charter if the Board determines the application package does not meet the requirements of statute or rule or the applicant is not sufficiently qualified to operate a charter school. Board staff shall include in the written notice the basis for the denial and other information required under A.R.S. § 41-1092.03. An applicant that receives a notice of denial may:

a. Submit a new application package under R7-5-201 in a later annual application cycle; or

b. Appeal the Board's decision under A.R.S. Title 41, Chapter 6, Article 10.

2. The Board shall grant a charter if it determines that the application package meets the requirements of statute and rule and the applicant is sufficiently qualified to operate a charter school.

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-204 Review of Administratively Complete Application Package for a New Charter, Technical Assistance, and In-person Interview

A. The Board shall ensure an administratively complete application package for a new charter is reviewed as follows:

1. The Technical Review Panel shall score an application package using the evaluation criteria identified in the application to determine whether the application package meets the Board's requirements.

a. 2. The Technical Review Panel shall assign an application package a score of "Meets the Criteria," "Approaches the Criteria," or "Falls below the Criteria" for each evaluation criterion.

i. a. The Technical Review Panel shall score an evaluation criterion "Meets the Criteria" when the application section within which that evaluation criterion is identified :

(1) i. Addresses the evaluation criterion fully with specific and accurate information;

(2) ii. Reflects a thorough understanding of the evaluation criterion; and

(3) iii. Is clear and coherent.

ii. b. The Technical Review Panel shall score an evaluation criterion "Approaches the Criteria" when the application section within which that evaluation criterion is identified :

(1) i. Addresses the evaluation criterion partially or lacks specific and accurate information for some aspect of the evaluation criterion;

(2) ii. Presents a partial understanding of the evaluation criterion; or

(3) iii. Is not clear and coherent.

iii. c. The Technical Review Panel shall score an evaluation criterion "Falls below the Criteria" when the application section within which that evaluation criterion is identified fails to address the evaluation criterion.

b. 3. An application package meets the Board's requirements if:

i. a. No evaluation criterion is scored "Falls below the Criteria;"

ii. b. No more than one evaluation criterion in each application section is scored "Approaches the Criteria;" and

iii. c. At least 95 percent of the evaluation criteria in the educational plan, operational plan, and business plan is scored "Meets the Criteria."

2. B. Board staff shall conduct a background and credit check of each principal and authorized representative of the applicant and determine whether each principal and authorized representative possesses a valid fingerprint clearance card issued by the State of Arizona.

a. If an issue arises during the background and credit check of any principal or authorized representative, Board staff shall provide the principal or authorized representative written notice of the issue and an opportunity to provide a written response addressing the issue. The Board shall consider information obtained from the background and credit check when making the decision to grant or deny a new charter.

b. Information obtained and communications conducted during this process shall be considered by the Board in making its decision on whether to grant or deny a charter.

3. C. If an application package fails to meet the Board's requirements specified under subsection (A)(3), Board staff shall provide written notice to the applicant. Board staff shall include in the notice:

1. The reasons the application package failed to meet the Board's requirements;

2. Comments of the Technical Review Panel, which will serve as technical assistance and suggestions for improving the application package; and

3. The options specified under subsection (D).

4. D. If an applicant receives notice under subsection (C), the applicant may, within 20 days of the date of notice, submit to the Board:

1. A revised application package, or

A written request that the previously submitted and scored application package be forwarded to the Board.

5. E. If an applicant that receives notice under subsection (C) fails to act under subsection (D), Board staff shall close the applicant's file. An applicant whose file is closed and wants to obtain a new charter shall apply again under R7-5-201 in a later annual application cycle.

6. F. If an applicant submits a revised application package under subsection (D), the Technical Review Panel shall score the revised application package as specified under subsection (A).

7. If the revised application package fails to meet the Board's requirements as specified under subsection (A)(3), Board staff shall provide written notice to the applicant of the intent to close the file. Board staff shall include with the notice the comments of the Technical Review Panel.

8. G. An applicant that receives notice under subsection (F) may, within 20 days after the date of notice, submit a written request that the revised application package be forwarded to the Board.

9. If a written request is not submitted, Board staff shall close the applicant's file. An applicant whose file is closed and wants to obtain a new charter shall apply again under R7-5-201 in a later annual application cycle.

10. H. At least 30 days before the last Board meeting before the substantive review time frame expires, and within 90 days after determining an application package meets the Board's requirements under subsection (A)(3) or receiving an applicant's request under subsection (D)(2) or (G), the principals and authorized representative of the applicant shall make themselves available for an in-person interview with two or more members of the Technical Review Panel. In the interview, the members of the Technical Review Panel shall assess:

a. 1. The applicant's understanding of the components presented in the application package;

b. 2. The applicant's capacity to implement a plan to operate a charter school in accordance with the performance expectations established by the Board;

c. 3. The applicant's clarification of any issue revealed in the course of the due diligence process for the applicant any principal, authorized representative, or Education Service Provider; and

d. 4. Any other factor relevant to determining whether the applicant is sufficiently qualified to operate a charter school.

11. I. Board staff shall provide an applicant with at least seven days written notice of the date, time, and place of the meeting at which the Board will consider the applicant's application package and determine whether to grant or deny a new charter to the applicant.

a. For the purpose of deciding whether to approve or deny the application package, the Board shall consider:

i. The application package; and

ii. A copy of the scoring rubric completed by the Technical Review Panel.

b. The Board shall use the following information to determine whether the applicant is sufficiently qualified to operate a charter school:

i. 1. The application package;

ii. 2. The scoring rubric completed by the Technical Review Panel;

iii. 3. The results of the in-person interview of the applicant's principals and authorized representative;

iv. 4. Information obtained through investigation and verification of the employment, experience, and education backgrounds, fingerprint clearance card, and creditworthiness of each principal and authorized representative of the applicant;

v. 5. Information concerning any current or former charter operations for any principal, authorized representative, or Education Service Provider of the applicant;

vi. 6. Board staff report; and

vii. 7. Testimony presented at the Board meeting.

12. The Board shall provide an applicant, with at least seven days written notice of the date, time, and place of the meeting at which the Board will consider the applicant's application package.

J. After the Board meeting held under subsection (I), Board staff shall provide written notice to the applicant regarding the Board's decision to grant or deny a new charter to the applicant. If the Board denies a new charter to the applicant, the Board shall include the information required under A.R.S. § 41-1092.03 in the written notice.

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-205 Execution of a New Charter

A. After the Board decides to grant a new charter but before the charter is signed, the applicant shall submit to the Board the following:

1. A completed I.R.S. Form W-9, Request for Taxpayer Identification Number and Certification, obtained from the Department or online at https://www.irs.gov/pub/irspdf/fw9.pdf;

2. The following information for each charter school approved for educational use:

a. Certificate of occupancy; and

b. Fire marshal report; or

c. If either the certificate of occupancy or fire marshal report is not available, a completed Occupancy Compliance Assurance and Understanding form obtained from the Board;

3. A completed General Statement of Assurances form obtained from the Department;

4.3. A statement indicating where all public notices of meetings will be posted as required under A.R.S. § 38-431.02; and

5.4. A copy of the lease agreement or other documentation of a secured charter school facility for each charter school.

B. The Board President or designee and authorized representative of the applicant shall sign the charter within 12 months after the Board's decision to grant the charter.

1. If the charter is not timely signed, the Board's decision to grant the new charter expires unless the applicant applies for and is granted a good-cause extension to execute the charter under R7-5-206.

2. If an applicant that is granted a new charter but does not timely sign the charter and does not obtain a good-cause extension wants to obtain a new charter, the applicant shall apply again under R7-5-201 in a later annual application cycle.

C. A charter holder shall begin providing educational instruction no later than the second fiscal year after the Board's decision to grant the charter unless the charter holder is granted a good cause extension to execute a charter under R7-5-206 or good cause suspension of a charter under R7-5-207.

1. A charter holder that is granted a good-cause extension to execute a charter under R7-5-206 or good-cause suspension of a charter under R7-5-207 shall begin providing educational instruction no later than the third fiscal year after the Board's decision to grant the charter.

2. If a charter holder does not begin providing educational instruction as required under subsection (C) or (C)(1), the Board shall issue the charter holder a notice of intent to revoke the charter in accordance with A.R.S. § 15-183(I).

D. At least 10 days before beginning to provide educational instruction, unless granted an exemption from the Board's Executive Director, a charter holder shall submit to the Board the following written proof:

1. Charter school contact information;

2. Insurance policy binder issued by an insurance company licensed to do business in Arizona;

3. County health certificate for each charter school at which students will be taught;

4. Evidence of a public meeting held at least 30 days before the charter holder opens a charter school as required by A.R.S. § 15-183(C)(7). If the charter holder is already subject to a public meeting or hearing by the municipality in which the charter school is located, documentation evidencing the most recent public meeting or hearing held by the charter holder;

5. Completed Board's Ready to Open Checklist;

5.6. Certificate of attendance of the charter representative or principal at the special education training for new charters offered by the Department; and

6.7. Any other documents required to demonstrate compliance with federal, state, and local laws relating to health, safety, civil rights, and insurance.

E. If a charter holder submitted an Occupancy Compliance Assurance and Understanding form under subsection (A)(2), the Board shall not advise the Department to initiate state aid funding until Board staff determines the required certificate of occupancy and fire marshal report submissions are complete and sufficient.

F. A new charter is effective upon signing by both parties for 15 years beginning on the date stated in the charter, unless revoked under A.R.S. § 15-183(I).

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-206 Good-cause Extension to Execute a New Charter

A. Before the Board's decision to grant a new charter expires under R7-5-205(B), an applicant that has not yet executed the charter may submit to the Board a written request for a good-cause extension to execute a charter.

1. The applicant shall ensure the written request for a good-cause extension to execute a charter :

a. 1. Explains and provides evidence of why the applicant is unable to implement the plans contained in the application package and execute the charter within the allotted 12 months;

b. 2. Explains the applicant's new timeline for implementing the plans contained in the application package and why the new timeline is viable and adequate to enable the applicant to execute the charter by the new timeline; and

c. 3. Provides clear and specific action steps with target completion dates that will enable the applicant to implement the plans contained in the application package in accordance with the new timeline and the requirements of R7-5-205(C)(1).

2. B. The Board shall grant a good-cause extension to execute a charter if an applicant demonstrates good cause. When deciding whether the applicant demonstrates good cause, the Board shall consider:

a. 1. The timeliness of the request for a good-cause extension and the proposed extension date;

b. 2. The viability of the applicant's new timeline for implementing the plans contained in the application package;

c. 3. Whether the new timeline is adequate to begin providing educational instruction as required under R7-5-205(C)(1) and complies with the plans contained in the application package;

d. 4. The circumstances the applicant indicates affected the applicant's ability to execute the charter within the allotted 12 months;

e. 5. Whether there have been changes in the principals of the applicant; and

f. 6. The extent to which the applicant is in compliance with all applicable federal, state, and local laws.

3. C. The Board shall not grant more than one good-cause extension to execute a particular charter.

4. D. If the Board grants a good-cause extension to execute a charter, the Board shall specify the date by which the applicant shall execute the charter and begin providing educational instruction based on the timeline provided by the applicant and the requirements of R7-5-205(C)(1) . If the applicant does not execute the charter by the specified date, the Board's decision to grant the charter expires.

History

• New section made by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-207 Good-cause Suspension of a New Charter

A. Before the first day of the fiscal year in which a charter holder must begin providing educational instruction, the charter holder, if eligible under subsection (B), may submit to the Board a written request for a good-cause suspension of the charter.

1 B. A charter holder is eligible to apply for a good-cause suspension of the charter if:

a. 1. The charter holder has not been granted a good-cause extension to execute the charter,

b. 2. The charter holder has not begun providing educational instruction under the charter, and

c. 3. The charter holder has not received or has returned state equalization or other state or federal funding for which provision of instruction is a requirement of receipt.

2. C. The charter holder shall ensure the written request for a good-cause suspension of a charter:

a. 1. Explains and provides evidence for why the charter holder is unable to implement the plans contained in the application package and begin providing educational instruction as required under R7-5-205(C) ;

b. 2. Explains the charter holder's new timeline for implementing the plans contained in the application package and why the new timeline is viable and adequate to enable the charter holder to operate a charter school in accordance with the charter and performance expectations established by the Board ; and

c. 3. Provides clear and specific action steps with target completion dates that will enable the charter holder to implement the plans contained in the application package in accordance with the new timeline and the requirements of R7-5-205(C)(1).

3. D. The Board shall grant a good-cause suspension of a charter if the charter holder demonstrates good cause. When deciding whether the charter holder demonstrates good cause, the Board shall consider:

1. Whether the charter holder is eligible under subsection (B) for a good-cause suspension of a charter;

a. 2. The timeliness of the request for a good-cause suspension of a charter and the proposed extension date;

b. 3. The viability of the charter holder's new timeline for implementing the plans contained in the application package;

c. 4. Whether the new timeline is adequate to begin providing educational instruction as required under R7-5-205(C)(1) and complies with the plans contained in the application package;

d. 5. The circumstances the charter holder indicates affected the charter holder's ability to begin providing educational instruction as required under R7-5-205(C) ;

e. 6. Whether there have been changes in the principals of the charter holder; and

f. 7. The extent to which the charter holder is in compliance with all applicable federal, state, and local laws and terms of the charter.

4. E. The Board shall not grant more than one good-cause suspension of a particular charter to any charter holder.

5. A charter holder who is granted a good cause suspension may execute and submit an amendment to the charter indicating a new effective date which shall conform to the date on which the charter holder shall begin providing educational instruction.

6 F. A charter holder granted a good-cause suspension of the charter shall not apply to receive any state equalization or other state or federal funding for which provision of instruction is a requirement of receipt until the fiscal year in which the charter holder plans to begin providing educational instruction. The holder of a suspended charter shall promptly return any funding it receives before the fiscal year in which it begins providing educational instruction.

7. G. A charter holder granted a good-cause suspension of a charter shall begin providing educational instruction as required by R7-5-205(C) . If a charter holder does not begin providing educational instruction as required, the Board shall issue the charter holder a notice of intent to revoke the charter in accordance with A.R.S. § 15-183(I).

History

• New section made by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-208 Application for Replication Charter

A. The charter holder of an existing high quality charter school may be eligible to apply for a replication charter rather than a new charter. A replication charter allows the charter holder to implement the existing educational program, corporate and governance structure, and financial and operational processes at a new charter school.

B. A charter holder that wishes to apply for a replication charter shall submit to the Board a Replication Eligibility form. Board staff shall review the form and determine whether the charter holder is eligible to apply for a replication charter. A charter holder is eligible to apply for a replication charter if the charter holder is in compliance with provisions of its charter, contractual agreements with the Board, federal and state law and this Chapter, and meets the academic and financial eligibility requirements specified in the replication application instructions, which are publicly available and posted on the Board's web site.

C. Within 15 days after receiving a Replication Eligibility form, Board staff shall provide written notice to the charter holder of whether the charter holder may apply for a replication charter and, if eligible, shall make the replication application available to the charter holder.

D. If a charter holder submits an application package for a replication charter by the last business day of September, Board staff shall process the application package in an expedited manner and ensure the application package is considered at the Board's meeting in November.

E. As required under A.R.S. § 41-1073, the Board establishes the following time frames for approving or disapproving a replication charter:

1. Administrative review time frame: 15 days;

2. Substantive review time frame: 50 days; and

Overall time frame: 65 days.

F. The provisions at R7-5-205(A), regarding execution of a new charter, apply to a replication charter.

G. R7-5-206, regarding a good-cause extension to execute a new charter, and R7-5-207, regarding good-cause suspension of a new charter, do not apply to a replication charter.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019.

Article 3 POST-CHARTER ACTIONS

Ariz. Admin. Code § R7-5-301 Application for Charter Renewal; Early Renewal of Charter

A. The Board shall make available on its web site instructions regarding eligibility and submission requirements for renewal and early renewal of a charter.

B. A charter holder shall submit to the Board electronically through the Board's web-based interface the renewal application package identified in subsection (E) or the early renewal application package identified in subsection (L). The Board shall not accept a paper submission.

C. The Board shall provide the charter holder at least 72-hours' written notice of the date, time, and location of the Board meeting at which the Board will consider the charter holder's renewal or early renewal application package. The charter holder shall attend the Board meeting.

D. At least 18 months before a charter is scheduled to expire, the Board shall provide the charter holder with a renewal application that is customized based on the charter holder's performance history. The Board shall require a charter holder that does not meet the performance expectations specified in Article 4 to submit more information than a charter holder that does meet the performance expectations.

E. As required under A.R.S. § 15-183(I), a charter holder that intends to seek renewal of the charter shall submit to the Board a renewal application package at least 15 months before the charter is scheduled to expire.

F. The Board shall not consider a renewal application package that is not submitted by the date specified in subsection (E).

G. As part of the charter renewal process, Board staff shall conduct an academic-systems-review site visit, as described in R7-5-506, of the charter holder.

H. The Board shall notify a charter holder of the Board's decision to renew or deny renewal of the charter at least 12 months before the charter is scheduled to expire.

I. As specified under A.R.S. § 15-183(I), the Board may deny renewal of a charter if the Board determines the charter holder failed to meet or make sufficient progress toward the academic performance expectations or failed to meet the operational performance expectations specified in Article 4, meet the financial performance expectations specified in Article 4, complete the obligations of the charter, or comply with federal or state law or this Chapter. If the Board denies renewal of a charter, Board staff shall provide written notice to the charter holder that includes the information required under A.R.S. § 41-1092.03(A).

J. A charter holder is eligible to apply for early renewal of the charter if the charter holder:

1. Submits to the Board a letter of intent to apply for early renewal at least 24 months before the charter is scheduled to expire;

2. Has operated a school under the charter for at least five years;

3. Meets the performance expectations specified in Article 4; and

4. Had no compliance matters within the last three years that required action by the Board or other governmental entity.

K. Within 15 days after receiving a letter of intent to apply for early renewal under subsection (J)(1), Board staff shall provide written notice to the charter holder of whether the charter holder is eligible to apply for early renewal and, if eligible, shall provide the charter holder with the renewal application referenced in subsection (D).

L. A charter holder that receives notification under subsection (K) of eligibility to apply for early renewal shall submit to the Board the early renewal application package no later than one month after the charter holder receives notification under subsection (K).

M. A charter holder applying for early renewal shall continue to meet the eligibility requirements specified in subsection (J) until the Board considers the early renewal application package at the Board meeting referenced under subsection (C). The Board shall not consider an early renewal application package submitted by a charter holder that has a change in eligibility status.

N. Within three months after a charter holder timely submits an early renewal application package, Board staff shall conduct an academic-systems-review site visit, as described in R7-5-506, of the charter holder and shall place the charter holder's early renewal application package on an agenda for Board consideration.

O. As specified under A.R.S. § 15-183(I)(2), the Board may deny early renewal of a charter if the Board determines the charter holder failed to meet or make sufficient progress toward the academic performance expectations or failed to meet the operational performance expectations specified in Article 4, meet the financial performance expectations specified in Article 4, complete the obligations of the charter, or comply with federal or state law or this Chapter. If the Board denies early renewal of a charter, Board staff shall provide written notice to the charter holder that includes the information required under A.R.S. § 41-1092.03(A).

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.

Ariz. Admin. Code § R7-5-302 Charter Transfer Application

A. A charter transfer application may be used to do either of the following:

1. Transfer a charter to the Board; or

Transfer a charter school that has operated under an existing charter for at least three years to its own charter with the same educational program and financial and operational processes.

B. The Board shall make available on its web site instructions regarding eligibility and submission requirements for transfers specified under subsection (A).

C. A charter holder that intends to transfer as specified under subsection (A) shall submit to the Board a letter of intent to transfer.

D. Within 15 days after receiving a letter of intent to transfer, Board staff shall provide written notice to the charter holder of whether the charter holder may apply for transfer.

E. A charter holder eligible to transfer under subsection (D) shall submit to the Board a paper charter transfer application package until electronic submission through the Board's web-based interface is available. After electronic submission through the Board's web-based interface is available, the Board shall not accept a paper submission.

F. For a transfer to occur on July 1, a charter holder shall submit the letter of intent to transfer by the last business day of November of the prior fiscal year and the transfer application package by the last business day of February of the prior fiscal year.

G. The Board shall provide the charter holder at least 72-hours' written notice of the date, time, and location of the Board meeting at which the Board will consider the charter holder's transfer application package. The charter holder shall attend the Board meeting.

H. As required under A.R.S. § 41-1073, the Board establishes the following time frames for approving or disapproving a charter transfer:

1. Administrative review time frame: 15 days;

2. Substantive review time frame: 60 days; and

Overall time frame: 75 days.

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.

Ariz. Admin. Code § R7-5-303 Charter Amendment Requests

A. A change to a charter requires the consent of both the Board and charter holder. To obtain the Board's consent to a change to a charter, the charter holder shall submit a charter amendment request to the Board.

B. A charter holder shall not act in a manner contrary to the terms of the charter without obtaining the Board's prior consent to the change.

C. The Board shall make available on its web site instructions regarding eligibility and submissions requirements for each amendment request listed under subsection (D).

D. The Board shall accept requests for the following charter amendments:

1. Add or remove a grade level to a charter;

2. Addition of or change to an Arizona Online Instruction Program of Instruction; as expressly authorized under A.R.S. § 15-183(X), the Board shall charge a non-refundable processing fee of $3,000 for each grade category involved in the charter amendment request;

3. Change in charter holder entity name;

4. Change in legal status of the charter holder;

5. Change of entity that holds the charter;

Change in charter mission;

Increase or decrease the number of annual instructional days;

8. Change in program of instruction including methods of instruction, criteria for promotion, and graduation requirements;

9. Exception from state procurement requirements;

Exception from the Uniform System of Financial Records for Charter Schools;

11. Change charter holder governance;

12. Change the mailing or physical address of the charter holder;

13. Change charter representative;

14. Increase or decrease the number of students the charter holder may serve;

15. Add a charter school to an existing charter;

16. Close a charter school under an existing charter;

Change membership of a charter school governing body;

18. Change the name of a charter school;

19. Change the mailing or physical address of a charter school;

20. Increase or decrease the grades served at a particular charter school; and

21. Transfer of a charter school from the current charter to another existing charter with the same educational program and financial and operational processes.

E. A charter holder shall submit an amendment request listed under subsection (D) to the Board electronically through the Board's web-based interface. The Board shall not accept a paper amendment request unless agreed to by Board staff and the charter holder before the amendment request is submitted.

F. As required under A.R.S. § 41-1073, the Board establishes the following time frames for approving or disapproving a charter amendment request:

1. Administrative review time frame: 20 days;

Substantive review time frame: 40 days; and

3. Overall time frame: 60 days.

G. To determine the date on which the Board will approve or disapprove an amendment request listed under subsection (D), the charter holder shall consult the Board's meeting and submission-deadline schedule, which is posted on the Board's website and the Board's web-based interface.

H. The Board shall provide the charter holder at least 72-hours' written notice of the date, time, and location of the Board meeting at which the Board will consider the charter holder's administratively and substantively complete amendment request. The charter holder shall attend the Board meeting.

I. The Board has delegated to staff authority to approve charter amendment requests listed under subsection (D) for which the standards for approval can be applied without the exercise of discretion.

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.

Ariz. Admin. Code § R7-5-304 Renumbered

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Section R7-5- 304 renumbered to R7-5-601 at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1).

Article 4 MINIMUM PERFORMANCE EXPECTATIONS

Ariz. Admin. Code § R7-5-401 Minimum Academic Performance Expectations

A. The Board shall assess a charter holder's achievement of the minimum academic performance expectations using student achievement measures, specified in the Academic Performance Framework, that are indicators of academic performance.

1. The Academic Framework includes two indicators. Schools are evaluated by one of the following indicators:

a. State Accountability is the default indicator used to evaluate the academic performance of all charter schools sponsored by the board and its measure is the letter grade of each school operated by the charter holder as assigned through Arizona's Letter Grade Accountability System as assigned in A.R.S. § 15-241(I), or

b. A charter holder that operates a school that serves a special population that does not have an achievement profile established by the State Board of Education for state accountability pursuant to A.R.S. § 15-241(I) may petition the Board to adopt unique, school-specific academic performance standards. Only charter schools that have been approved by the Board to use the substitute indicator of school-specific academic goals may be evaluated under this indicator.

1.2. The Board may assess a charter holder's achievement of the minimum academic performance expectations at any time.

2.3. The Board shall assess a charter holder's achievement of the minimum academic performance expectations:

a. Annually when state assessment data are released for the previous year;

b. During the five-year-interval review required under A.R.S. § 15-183(I);

c. When considering the following submitted by the charter holder:

i. An application for a new charter,

ii. An application to transfer a charter school from an existing charter contract to a separate charter contract,

iii. A request to change the legal status of the charter holder, or

iv. A request to change the entity that holds the charter;

d. When considering an expansion request submitted by the charter holder to:

i. Add a new school to an existing charter,

ii. Add one or more grade levels to a charter,

iii. Increase the number of students the charter holder may serve,

iv. Add an Arizona Online Instruction program, or

v. Replicate an existing charter;

e. Upon receipt of information that a charter school operated by the charter holder failed to meet the minimum academic performance expectations for three consecutive years;

f. Upon receipt of information that a charter school operated by the charter holder has been assigned a letter grade of "F" by the Department; and

g. When making a decision related to the charter holder's achievement of the minimum academic performance expectations or compliance with its charter, other contractual agreements with the Board, federal and state law, and this Chapter.

h. When considering a charter contract renewal request submitted by the charter holder;

B. The Board shall annually assign a charter holder an overall academic performance rating that reflects the degree to which the charter holder achieved the minimum academic performance expectations.

1. A school under a charter holder will be given a rating of "Exceeds Standard" and exceed the academic performance expectations if it:

a. Receives a letter grade of "A" from the state accountability system as assigned in A.R.S. § 15-241(I), or

b. Exceeds its school-specific academic goals.

2. A school under a charter holder will be given a rating of "Above Standard" and be above the academic performance expectations if it received a letter grade of "B" from the state accountability system as assigned in A.R.S. § 15-241(I).

3. A school under a charter holder will be given a rating of "Meets Standard" and meet the academic performance expectations if it:

a. Received a letter grade of "C" from the state accountability system as assigned in A.R.S. § 15-241(I), or

b. Met its school-specific academic goals.

4. A school under a charter holder will be given a rating of "Does Not Meet Standard" and does not meet the academic performance expectations if it:

a. Received a letter grade of "D" from the state accountability system as assigned in A.R.S. § 15-241(I), or

b. Does not meet its school-specific academic goals.

5. A school under a charter holder will be given a rating of "Falls Far Below Standard" and falls far below the academic performance expectations if it:

a. Received a letter grade of "F" from the state accountability system as assigned in A.R.S. § 15-241(I), or

b. Falls far below its school-specific academic goals.

C. The Board shall determine a charter holder meets the minimum academic performance expectations if all charter schools operated by the charter holder receive an annual overall academic performance rating of "meets standard," "above standard," or "exceeds standard" in the most recent year for which data are available. A charter holder that meets the minimum academic performance expectations may be:

1. Waived from some of the academic performance supervision requirements described in Article 5; and

2. Entitled to reduced submission requirements:

a. Regarding requests made to the Board; and

b. During the five-year-interval review required under A.R.S. § 15-183(I).

D. The Board shall determine a charter holder does not meet the minimum academic performance expectations if one or more of the charter schools operated by the charter holder did not receive an overall academic performance rating of "meets standard," "above standard," or "exceeds standard" in the most recent year for which data are available. A charter holder that does not meet the minimum academic performance expectations:

1. Shall be required to demonstrate sufficient progress towards achieving the minimum academic performance expectations;

2. May be subject to heightened submission requirements:

a. Regarding requests made to the Board, and

b. During the five-year-interval review required under A.R.S. § 15-183(I);

3. May be subject to charter oversight as specified in Article 6.

E. If a charter holder meets the eligibility requirements set forth in subsection F below, the charter holder may submit to the Board an expansion request to:

1. Add a new charter school to an existing charter;

2. Add one or more grade levels to a charter;

3. Increase the number of students the charter holder may serve;

4. Add an Arizona Online Instruction program;

5. Replicate an existing charter;

6. Transfer an existing charter school to its own charter; or

7. Transfer an existing charter school or charter contract from the current charter holder to an existing charter holder with a different financial performance dashboard.

F. A charter holder is academically eligible to submit an expansion request if the charter holder is in compliance with eligibility requirements adopted by the Board and published in the Academic Performance Frameworks on the Board's website.

History

• New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-402 Minimum Financial Performance Expectations

A. The Board shall assess a charter holder's achievement of the minimum financial performance expectations using the measures of financial performance specified in the Financial Performance Framework and data contained in the annual audit required under A.R.S. § 15-914 and conducted according to the standards specified in R7-5-504 and the average daily membership calculations completed by the Department using student attendance data submitted to the Department by the charter holder.

1. The Financial Performance Framework includes six measures used to evaluate the financial performance of a charter holder:

a. "Going Concern," which considers whether doubt has been identified about the charter holder's ability to continue operating. This measure is displayed on the financial performance dashboard as "Going Concern;"

b. "Default," which considers whether the charter holder is in default on a loan or facility agreement for failure to make timely payments or comply with other requirements. This measure is displayed on the financial performance dashboard as "Default,"

c. "Unrestricted Days Liquidity," which considers how much the charter holder has set aside for a reserve. This measure is displayed on the financial performance dashboard as "Available Reserve;"

d. "Adjusted Net Income," which considers whether a charter holder is operating within its available resources. This measure is displayed on the financial performance dashboard as "Revenues Exceed Expenses;"

e. "Lease Adjusted Debt Service Coverage Ratio," which considers whether the charter holder can cover its facility and debt costs. This measure is displayed on the financial performance dashboard as "Facility & Debt Costs Covered;" and

f. "Average Daily Membership," which considers the charter holder's student count over time. This measure is displayed on the financial performance dashboard as "Stable or Increasing Number of Students."

2. For each measure set forth in the financial performance framework, a charter holder will receive a rating of "Meets Standard," "Approaches Standard" or "Below Standard" pursuant to the financial performance framework adopted by the board and published on the board's website.

1.3. The Board may assess a charter holder's achievement of the minimum financial performance expectations at any time.

2.4. The Board shall assess a charter holder's achievement of the minimum financial performance expectations:

a. During the five-year-interval review required under A.R.S. § 15-183(I);

b. When considering a charter contract renewal request submitted by the charter holder;

c. Upon receipt of information that a charter school operated by the charter holder failed to meet the minimum academic performance expectations for three consecutive years;

d. Upon receipt of information that a charter school operated by the charter holder has been assigned a letter grade of "F" by the Department; and

e. When making a decision related to the charter holder's achievement of the minimum academic performance expectations or compliance with its charter, other contractual agreements with the Board, federal and state law, and this Chapter.

B. The Board shall annually assign a charter holder a summative financial performance rating, based on measures specified in the Financial Performance Framework.

1. The Board shall assign a summative financial performance rating of "Good Standing" if the charter holder receives no measures rated "below standard" and no more than one measure rated "approaches standard" based on the most recent audit conducted under R7-5-504.

2. The Board shall assign a summative financial performance rating of "Adequate Standing" if the charter holder receives no measures rated "below standard" and two or more measures rated "approaches standard" based on the most recent audit conducted under R7-5-504.

3. The Board shall assign a summative financial performance rating of "Intervention" if the charter holder receives one or more measures rated "below standard" based on the most recent audit conducted under R7-5-504 or if the charter holder has received a summative financial performance rating of "Adequate Standing" for three consecutive years.

C. If a charter holder meets the eligibility requirements set forth in subsection (D), the charter holder may submit to the Board an expansion request to:

1. Add a new charter school to an existing charter;

2. Add one or more grade levels to a charter;

3. Increase the number of students the charter holder may serve;

4. Add an Arizona Online Instruction program;

5. Replicate an existing charter;

6. Transfer an existing charter school to its own charter contract; or

7. Transfer an existing charter school or charter contract from the current charter holder to an existing charter holder with a different financial performance dashboard.

D. A charter holder is financially eligible to submit an expansion request if the charter holder is in compliance with all of the following requirements:

1. The charter holder is assigned a summative financial performance rating of "Good Standing" or "Adequate Standing" based on the most recent audit conducted under R7-5-504; and

2. The financial eligibility requirements as adopted by the Board and published on the Board's website under Financial Performance.

D. E. A charter holder assigned a summative financial performance rating of "Intervention" or identified as "On Probation" based on the most recent audit conducted under R7-5-504 is not eligible to submit to the Board an expansion request specified in subsection (C).

E. F. The Board shall determine that a charter holder meets the minimum financial performance expectations if the charter holder receives a summative financial performance rating of "Good Standing" or "Adequate Standing" based on the most recent audit conducted under R7-5-504.

F. G. The Board shall require a charter holder assigned a summative financial performance rating of "Intervention," based on the most recent audit conducted under R7-5-504, to submit the financial intervention submissions as described in R7-5-509 and the following attestation using the form available on the Board's web-based interface:

1. The charter holder's board or, if applicable, the charter school's governing body has considered the written notice, provided by the Board under R7-5-504(H)(2), of the charter holder's intervention status, along with the Board's probation risk levels and associated consequences identified in subsections (I) through (L);

2. Management has identified and the charter holder's board or, if applicable, the charter school's governing body has considered the factors that caused or contributed to the charter holder's financial performance in the audited fiscal year;

3. Management and the charter holder's board or, if applicable, the charter school's governing body have reviewed the charter holder's current financial plan and approved any necessary changes; and

4. Management and the charter holder's board or, if applicable, the charter school's governing body shall at least quarterly review the charter holder's current performance under the Financial Performance Framework.

G. H. A charter holder that receives a summative financial performance rating of "Intervention" for two or more consecutive years shall also be placed "On Probation" and be required to submit the financial intervention submissions as described in R7-5-511. The Board shall determine that a charter holder placed "On Probation" does not meet the minimum financial performance expectations.

H. I. For each charter holder identified as "On Probation" and, therefore, under subsection (H) does not meet the minimum financial performance expectations, Board staff shall:

1. Determine the charter holder's "ADM category" using publicly available average daily membership calculations completed by the Department and the criteria set forth in Table 1;

2. Determine the charter holder's "default measure category" using the following criteria:

a. The Board shall determine the charter holder is "low risk" is the default measure received a rating of "meets standard" based on the two most recent audits conducted under R7-5-504.

b. The Board shall determine that a charter holder is "moderate risk" if the default measure received a "below standard" rating:

i. Based on the most recent prior audit conducted under R7-5-504; or

ii. Based on the most recent audit conducted under R7-5-504 due to the charter holder's failure to comply with non-payment related requirements.

c. The Board shall determine that a charter holder is "high risk" if the default measure received a rating of "below standard" based on the most recent audit conducted under R7-5-504 due to the charter holder's failure to make required payments; and

3. Assign the charter holder a probation risk level using the charter holder's results based on the two most recent audits conducted under R7-5-504 and the criteria set forth in Table 2.

I. J. A charter holder assigned to probation risk level one under subsection (I)(3):

1. Shall be subject to charter oversight specified in Article 6, including a consent agreement with the Board or charter revocation proceedings, or, if applicable, to the denial of renewal under R7-5-301(I);

2. Shall be required to attest, within 30 days of the date of the written notice provided under subsection (M), using the form available on the Board's web-based interface, to the following:

a. The charter holder's board or, if applicable, the charter school's governing body has considered the written notice, provided by the Board under subsection (M), that the charter holder does not meet the Board's minimum financial performance expectations after having been placed "On Probation" and has been assigned to probation risk level one, along with the associated consequences;

b. The charter holder's board or, if applicable, the charter school's governing body and management understand that, due to the charter holder's assignment to probation risk level one, the charter holder will be placed on a subsequent agenda for the Board to meet and determine whether to approve a consent agreement with the charter holder or to pursue revocation proceedings or, if applicable, denial of renewal;

c. Management has identified and the charter holder's board or, if applicable, the charter school's governing body has considered the factors that caused or contributed to the charter holder's financial performance in the audited fiscal year;

d. Management and the charter holder's board or, if applicable, the charter school's governing body have reviewed the charter holder's current financial plan and approved any necessary changes; and

e. Management and the charter holder's board or, if applicable, the charter school's governing body shall at least quarterly review the charter holder's current performance under the Financial Performance Framework; and

3. Shall be required to submit the quarterly financial reports required under R7-5-511(A) by the deadlines identified in R7-5-511(B).

J. K. A charter holder assigned to probation risk level two under subsection (I)(3) shall be required to:

1. Attest, within 30 days of the date of the written notice provided under subsection (M), using the form available on the Board's web-based interface, to the following:

a. The charter holder's board or, if applicable, the charter school's governing body has considered the written notice, provided by the Board under subsection (M), that the charter holder does not meet the Board's minimum financial performance expectations after having been placed "On Probation" and has been assigned to probation risk level two, along with the associated consequences;

b. The charter holder's board or, if applicable, the charter school's governing body and management understand that should the charter holder be placed "On Probation," based on the next audit conducted under R7-5-504, the charter holder shall be subject to charter oversight, which may include a consent agreement, charter revocation proceedings or, if applicable, denial of renewal;

c. Management has identified and the charter holder's board or, if applicable, the charter school's governing body has considered the factors that caused or contributed to the charter holder's financial performance in the audited fiscal year;

d. Management and the charter holder's board or, if applicable, the charter school's governing body have reviewed the charter holder's current financial plan and approved any necessary changes; and

e. Management and the charter holder's board or, if applicable, the charter school's governing body shall at least quarterly review the charter holder's current performance under the Financial Performance Framework; and

2. Submit the quarterly financial reports required under R7-5-511(A) by the deadlines identified in R7-5-511(B).

K. L. A charter holder assigned to probation risk level three under subsection (I)(3) shall be required to:

1. Attest, within 30 days of the date of the written notice provided under subsection (M), using the form available on the Board's web-based interface, to the following:

a. The charter holder's board or, if applicable, the charter school's governing body has considered the written notice, provided by the Board under subsection (M), that the charter holder does not meet the Board's minimum financial performance expectations after having been placed "On Probation" and has been assigned to probation risk level three, along with the associated consequences;

b. The charter holder's board or, if applicable, the charter school's governing body and management understand that, should the charter holder be placed "On Probation," based on the next audit conducted under R7-5-504, the charter holder shall be subject to charter oversight, which may include a consent agreement, charter revocation proceedings or, if applicable, denial of renewal;

c. Management has identified and the charter holder's board or, if applicable, the charter school's governing body has considered the factors that caused or contributed to the charter holder's financial performance in the audited fiscal year;

d. Management and the charter holder's board or, if applicable, the charter school's governing body have reviewed the charter holder's current financial plan and approved any necessary changes; and

e. Management and the charter holder's board or, if applicable, the charter school's governing body shall at least quarterly review the charter holder's current performance under the Financial Performance Framework; and

2. Submit the quarterly financial reports required under R7-5-511(A) by the deadlines identified in R7-5-511(B).

L. M. For each charter holder identified as "On Probation" and, therefore under subsection (H) that does not meet the minimum financial performance expectations, Board staff shall notify the charter holder in writing of:

1. The probation risk level assigned to the charter holder under subsection (I)(3);

2. The student count visit required under subsection (O);

3. The submission requirements associated with the charter holder's probation risk level; and

4. The deadline or deadlines for submitting, to the Board, the information identified in subsection (M)(3).

M. N. Board staff shall report the following to the Board at a public meeting:

1. The probation risk level assigned to each charter holder identified as "On Probation" and, therefore under subsection (H) that does not meet the minimum financial performance expectations; and

2. The detail underlying the probation risk level determination for each charter holder assigned to probation risk level one.

N. O. Subject to the provision set forth in subsection (O)(1), for each charter holder identified as "On Probation" and, therefore under subsection (H) that does not meet the minimum financial performance expectations, Board staff shall visit each school operated by the charter holder to conduct a physical count of students and compare the information observed and obtained onsite with the number of students reported to the Department.

1. Should extraordinary circumstances preclude Board staff from completing one or more site visits, Board staff shall:

a. Report to the Board at a public meeting the specific extraordinary circumstance and the number of site visits affected;

b. Propose an alternative method for conducting the site visits, request a waiver of one or more site visits, or both; and

c. Provide at least five days' public notice of the Board meeting identified in subsection (O)(1)(a).

2. Time permitting, Board staff may visit each school operated by a charter holder that has been assigned, under subsection ( G), a summative financial performance rating of "Intervention" based on the most recent audit conducted R7-5-504.

O. P. "Improvement plans," for the purpose of A.R.S. § 15-183, shall include:

1. The first four quarterly financial reports, including the June 30 quarterly financial report, and, if applicable, the attestation submitted to the Board by a charter holder assigned to probation risk level one based on scenario 1, scenario 2, scenario 3, scenario 4 or scenario 5 as set forth in Table 2.

2. The first eight quarterly financial reports, including the June 30 quarterly financial reports, and, if applicable, the attestations submitted to the Board by a charter holder assigned to probation risk level one based on scenario 6 as set forth in Table 2.

P. Q. In general, Board staff does not grant extensions for financial submissions as the Board has an interest and duty to timely review these submissions to better understand the charter holder's current financial status. However, if the deadline has not passed, Board staff may, for good cause, grant the charter holder an extension of time to submit the information pursuant to subsections (G), (J)(2), (K)(1), (L)(1), R7-5-509(B), R7-5-509(E) or R7-5-511(B). A charter holder seeking an extension of time must submit the request in writing and include the reason(s) for the request.

Q. R. If a charter holder fails to submit or fails to timely submit by the specified deadline the attestation required by subsections (G), (J)(2), (K)(1) or (L)(1), Board staff shall:

1. Provide written notice to the charter holder that includes the reason for the finding and provides a three-day window for the charter holder to submit the attestation.

2. If the charter holder does not submit the attestation to the Board within the window identified in subsection (R)(1), note the charter holder's failure on its operational performance dashboard and provide written notice to the charter holder of the deadline by which the attestation must be received to avoid charter oversight as specified in Article 6.

R. S. If a charter holder assigned a summative financial performance rating of "Intervention" under subsection (B)(3) or a charter holder identified as "On Probation" and, therefore, under subsection (H) does not meet the minimum financial performance expectations fails to timely submit its next audit conducted under R7-5-504, Board staff shall report the charter holder's intervention status to the Board when the Board considers action under R7-5-504(E).

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 28 A.A.R. 3492, effective 10/17/2022. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-403 Minimum Operational Performance Expectations

A. The Board shall assess a charter holder's achievement of the minimum operational performance expectations using the indicators of operational performance specified in the Operational Performance Framework. To avoid duplicative reporting burdens, the Board shall use data collected from a variety of sources that reflect on the charter holder's compliance with the charter contract, other contractual agreements with the Board, federal and state law, and this Chapter.

1. The Operational Framework includes three indicators, or categories, used to evaluate the charter holder's performance and compliance:

a. Indicator 1: The fidelity to which a charter holder implements its academic program,

b. Indicator 2: Measures of the charter holder's ability to adhere to financial and operational reporting and compliance requirements, and

c. Indicator 3: Additional obligations, evaluating whether the charter holder complies with all other applicable operational obligations addressed in law, rule regulation and the charter contract.

1.2. The Board may assess a charter holder's achievement of the minimum operational performance expectations at any time.

2.3. The Board shall assess a charter holder's achievement of the minimum operational performance expectations:

a. When considering the following submitted by the charter holder:

i. An application for a new charter;

ii. An application to transfer a charter school from an existing charter contract to a separate charter contract;

iii. A request to change the legal status of the charter holder;

iv. A request to change the entity that holds the charter; or

v. A request to change program of instruction including methods of instruction, criteria for promotion, or graduation requirements;

b. When considering an expansion request submitted by the charter holder to:

i. Add a new charter school to an existing charter,

ii. Add one or more grade levels to a charter,

iii. Increase the number of students the charter holder may serve,

iv. Add an Arizona Online Instruction program, or

v. Replicate an existing charter;

c. During the five-year-interval review required under A.R.S. § 15-183(I);

d. When considering an application for charter renewal submitted by the charter holder;

e. Upon receipt of information that a charter school operated by the charter holder failed to meet the minimum academic performance expectations for three consecutive years; and

f. Upon receipt of information that a charter school operated by the charter holder has been assigned a letter grade of "F" by the Department.

B. The Board shall annually assign a charter holder an overall operational performance rating based on the measures specified in the Operational Performance Framework, which reflect the degree to which the charter holder achieved the minimum operational performance expectations. The Board shall make each charter holder's operational performance dashboard publicly available on the Board's website.

1. For each of the indicators, the Operational Framework provides a number of measures by which to evaluate charter holders. The measures take the form of a question about each charter holder's performance.

a. Indicator 1 includes the following measures:

i. Does the delivery of the education program and operation reflect the essential terms of the educational program as described in the charter contract?

ii. Does the charter holder adhere to applicable education requirements defined in state and federal law?

b. Indicator 2 includes the following measures:

i. Do the charter holder's annual audit reporting packages reflect sound operations?

ii. Is the charter holder administering student admission and attendance appropriately?

iii. Is the charter holder maintaining a safe environment consistent with state and local requirements?

iv. Is the charter holder transparent in its operations?

v. Is the charter holder complying with its obligations to the board?

vi. Is the charter holder complying with reporting requirements of other entities to which the charter is accountable?

c. Indicator 3 includes the following measure: Is the charter holder complying with all other obligations?

2. A school under a charter holder will be given one of the following ratings for each measure provided under an indicator:

a. "Meets Standard" if the charter holder demonstrates compliance with all metrics under a measure during the evaluation period;

b. "Does Not Meet Standard" if the charter holder has not been in compliance with the metrics at any point during the evaluation period and the charter holder has either:

i. Brought the school into compliance; or

ii. Demonstrated sufficient progress towards compliance, as determined by the board

c. "Falls Far Below Standard" if the charter holder has failed to meet the metrics at any point during the evaluation period and:

i. Has not demonstrated remedies that have resulted in compliance or prompt and sufficient progress toward compliance; or

ii. Regardless of whether or not the charter has demonstrated remedies that have resulted in compliance or prompt and sufficient progress toward compliance, the noncompliance was material or significant to the operation of the school.

C. The Board shall determine a charter holder meets the minimum operational performance standard if the charter holder receives no measure rated "falls far below standard" and no more than five measures rated "does not meet standard" for the evaluated year.

D. The Board shall determine a charter holder meets the minimum operational performance expectations if the charter holder receives an overall rating of "meets the Board's operational performance standard" in both of the two most recent years for which an overall rating was calculated and has no measure rated "falls far below standard" in the current year.

E. The Board shall determine a charter holder does not meet the minimum operational performance expectations if the charter holder receives an overall rating of "does not meet the Board's operational performance standard" in at least one of the two most recent years for which an overall rating was calculated or has at least one measure rated "falls far below standard" in the current year.

F. If the Board determines a charter holder does not meet the minimum operational performance expectations, the Board shall consider charter oversight under Article 6.

G. If a charter holder meets the eligibility requirements set forth in subsection F below, the charter holder may submit to the Board an expansion request to:

1. Add a new charter school to an existing charter;

2. Add one or more grade levels to a charter;

3. Increase the number of students the charter holder may serve;

4. Add an Arizona Online Instruction program;

5. Replicate an existing charter;

6. Transfer an existing charter school to its own charter; or

7. Transfer an existing charter school or charter contract from the current charter holder to an existing charter holder with a different financial performance dashboard.

H. A charter holder is operationally eligible to submit an expansion request if the charter holder is in compliance with the eligibility requirements adopted by the Board and published in the Operational Performance Frameworks on the Board's website.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-404 Development and Use of Performance Frameworks

A. The Board shall revise the Academic, Financial, and Operational Performance Frameworks as needed. During the process of revision, the Board shall provide the public with notice and an opportunity to comment on proposed revisions. The Board shall adopt revisions at a public meeting.

B. The Board shall ensure the Academic Performance Framework includes considerations for non-traditional charter schools, including small charter schools with very low enrollment and those designated by the Department as alternative schools.

C. Use of the Academic Performance Framework is contingent on a charter school's receipt of an annual achievement profile under A.R.S. § 15-241. The Board shall assign a rating of "no rating" to a charter school that does not provide enough data to make a calculation.

D. If the Department does not timely release annual achievement profiles under A.R.S. § 15-241, rather than assigning a rating of "no rating" to all charter schools, the Board may use the most recent available data for each measure.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Article 5 CHARTER SUPERVISION

Ariz. Admin. Code § R7-5-501 General Supervision

A. A charter holder shall:

1. Comply with the provisions of its charter, contractual agreements with the Board, federal and state laws, and this Chapter; and

2. Meet the minimum performance expectations specified in Article 4.

B. The Board may supervise a charter holder's compliance with subsection (A) using any of the following means:

1. Oral or written communication with:

a. The charter representative or authorized charter school personnel; and

b. Representatives of federal, state, and local agencies having jurisdiction over operation of the charter school or having authority to investigate or adjudicate allegations of misconduct by any member of the charter school's staff;

2. Collection and review of reports, audits, data, records, documents, files, and communication from any source relating to any activity or program conducted by or for the charter school;

3. A site visit as described in R7-5-502;

4. Annual academic performance review as described in R7-5-503;

5. Annual audit and financial performance review as described in R7-5-504 and, if necessary, the financial intervention submissions as described in R7-5-509 and R7-5-511;

6. Operational performance review as described in R7-5-505;

7. Five-year-interval review of academic, financial, and operational performance, as described in R7-5-506; and

8. Complaints as described in R7-5-507.

C. The charter holder shall maintain all records reasonably necessary to establish compliance with the requirements of its charter, contractual agreements with the Board, federal and state laws, and this chapter, subject to the record disposal requirements set forth in the applicable retention schedules established by the Arizona State Library, archives and public records.

C. D. A charter holder must report the following to the Board within 10 days of receipt or occurrence:

1. Any notice from a lender or landlord regarding default;

2. Filing a petition for bankruptcy;

3. Any notice from the Internal Revenue Service, Arizona State Retirement System, Arizona Department of Revenue, or Arizona Department of Economic Security regarding a tax lien, levy or garnishment;

4. Correspondence from an insurance provider related to cancellation of health or liability insurance due to nonpayment; or

5. Notice of termination of line of credit initiated by financial institution.

6. Withdrawals from debt service reserve funds.

D. E. By September 1 of each year, each charter holder must notify the Board, in writing, of whether they have an agreement or contract with an Education Service Provider for the current school year. If the charter holder has an agreement or contract with an Education Service Provider, then the charter holder must provide:

1. The name of the Education Service Provider; and

2. A written statement describing the services provided to the charter holder's charter school or schools by the Education Service Provider.

E. F. Each charter school must conspicuously and prominently post a link on its website to the charter holder's page on the Board's online system. For new schools, the link must be conspicuously and prominently posted by September 1 of the charter school's first school year of operation.

F. G. If the charter holder fails to submit or fails to timely submit the information required in subsection (D) or subsection (E) or fails to post the link required in subsection (F) on the charter school's website, the failure shall be noted in the charter holder's operational performance dashboard.

G. H. If the specified deadline has not passed, Board staff may grant a charter holder an extension to submit a CAP or other response required under subsection (D), subsection (E), subsection (F), R7-5-502(G), R7-5-505(D), R7-5-505(E), or R7-5-506(B)(2). In determining whether to grant an extension, Board staff shall consider the following, as applicable:

1. Whether the charter school at issue was in session when the Board provided notice to the charter holder;

2. Whether the charter school at issue was in session during the period provided in the notice for the charter holder to respond to the Board; and

3. Whether additional time is required by the charter holder because of the number or complexity of matters to be addressed.

H. I. If the Department notifies the Board that a charter holder has failed to timely submit, to the Department, the adopted budget, annual financial report, classroom site project narrative results summary, school-level reporting form, food service annual financial report or results-based funding expenditure report or their successor reports, then Board staff shall note such failure on the charter holder's operational performance dashboard. The charter holder may be subject to charter oversight as specified in Article 6.

I. J. Within 30 calendar days of the final audit being issued by the audit firm, each charter school governing body shall meet and publicly accept, by roll call vote, the charter holder's audit conducted under R7-5-504, including the compliance questionnaire. Should the written audit requirements released under R7-5-504(A) establish different submission deadlines for certain audit components (e.g., single audit reports) and should the audit firm not issue all components of the final audit at one time, the charter school governing body shall, within 30 calendar days of each component being issued, meet and publicly accept, by roll call vote, the aforementioned issued audit component.

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Renumbered from R7-5-301 by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-502 Site Visits

A. In accordance with A.R.S. § 15-914 and Laws 1999, 1st S.S., Ch. 4, § 15, a charter holder shall submit to the Board for approval an audit contract for each audit before the audit begins.

B. The Board shall disapprove an audit contract only for the following reasons:

1. Board knowledge that a person employed by the audit firm has been convicted under a federal or state statute for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty;

2. Failure of the audit firm or supervising certified public accountant to maintain good standing with an accounting industry reglatory body;

3. Violation of or failure of the audit firm to meet generally accepted auditing standards or generally accepted government auditing standards as identified by an accounting industry regulatory body;

4. Failure of the audit firm to receive an unmodified opinion during the audit firm's most recent peer review or failure of any auditor working on the audit to meet the continuing professional education requirements prescribed by generally accepted government auditing standards; or

5. Failure to acknowledge that the audit firm shall adhere to the audit requirements listed in th e Board's audit guidelines.

C. The Board shall provide written notification of approval or disapproval of an audit contract to the charter holder and the audit firm within 10 days of receipt of the audit contract.

D. The Board shall include the cause for disapproval in a not ice of disapproval.

E. If the charter holder or audit firm provides documentation that demonstrates the cause for disapproval no longer exists, the Board shall approve the audit contract and notify all parties of the approval.

A. A designee of the Board or Department may conduct a site visit of a charter school to a review or evaluate the charter holder's compliance with R7-5-501(A) .

B. A designee of the Board or Department may conduct a site visit to corroborate in formation submitted to the Board or Department and to gather information, documentation, and testimony that permit the Board to evaluate the charter holder's compliance with R7-5-501(A).

C. A designee of the Board or Department who conducts a site visit shall do so during regular operational hours of a the charter school or at any other reasonable time.

D. A designee of the Board or Department may conduct either an announced or unannounced site visit.

E. A designee of the Board or Department may conduct an investigation of a charter school in response to concerns raised by students, parents, employees, members of th e community or other individuals or groups regarding any activity or program conducted by or f or the charter school or regarding allegations of misconduct by any member of the charter school's staff.

F. E. Upon request by a designee of the Board or Department, a charter holder shall open for inspection all records, documents, and files relating to any activity or program conducted by or for the charter school or the charter holder relating to the charter school.

G. F. Upon request by a designee of the Board or Department, a charter holder shall provide access to all school facilities.

1. During a site visit, a charter holder shall provide access to classrooms for the purpose of counting students, observing a program of instruction, or documenting individuals providing instruction.

2. In conducting a site visit, th e designee of the Board or the Department shall make every effort not to disrupt the classroom environment.

H. G. The Board or Department shall inform a charter holder in writing of any issue identified during a site visit and specify any further action required by the charter holder. To assist with this requirement, Board staff shall direct the charter holder to submit a CAP, as described in R7-5-510, which addresses the issue.

I. The Board shall require a charter holder with a serious impact finding to appear before the Board for possible disciplinary act ion under R7-5-304 .

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Renumbered from R7-5-303 by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-503 Annual Academic Performance Review

A. When the Department releases the annual achievement profile under A.R.S. § 15-241, the Board shall:

1. Calculate an overall academic rating for each charter school sponsored by the Board using the Academic Performance Framework, and

2. Make the annual overall academic performance dashboard publicly available on the Board's website.

B. If the Board determines a charter holder does not meet the Board's minimum academic performance expectations, as defined under R7-5-401(D), the Board shall require the charter holder to demonstrate sufficient progress towards achieving the minimum academic performance expectations.

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.

Ariz. Admin. Code § R7-5-504 Annual Audit and Financial Performance Review

A. By July 1 of each year, the Board shall make available on its website written requirements regarding the audit each charter school is required to submit annually under A.R.S. §§ 15-183(E)(6) and 15-914.

B. Before beginning the audit, the audit firm shall submit for the Board's approval a copy of the audit contract the charter holder intends to execute with an audit firm.

1. Board staff shall approve the audit contract unless the Board has knowledge that one of the following is applicable:

a. A person employed by the audit firm has been convicted under federal or state law of a crime indicating lack of business integrity or honesty;

b. The audit firm or supervising certified public accountant is subject to a current or pending disciplinary action or a regulatory action requiring the audit firm or supervising certified public accountant to complete conditions specified by an accounting industry regulatory body;

c. The audit firm violates or fails to meet generally accepted auditing standards or generally accepted government auditing standards as identified by an accounting industry regulatory body;

d. The audit firm receives an opinion of "fail" during the audit firm's most recent peer review;

e. An auditor scheduled to work on the audit fails to meet the continuing professional education requirements prescribed by generally accepted government auditing standards; or

f. The audit firm fails to agree to adhere to the audit requirements specified in subsection (A).

2. Within 10 days after receiving a copy of an audit contract under subsection (B), the Board shall provide the charter holder and audit firm written notice whether the audit contract is approved.

3. If the Board disapproves an audit contract submitted under subsection (B), the Board shall include the reason for the disapproval in the written notice provided under subsection (B)(2). If the charter holder or audit firm provides documentation to the Board demonstrating the cause for the disapproval no longer exists, Board staff shall approve the audit contract and provide written notice to the charter holder and audit firm.

C. the audit firm that conducts an audit for the charter holder shall submit the annual audit to the Board for a determination whether the audit is complete. Within five days after receiving the annual audit, Board staff shall provide the charter holder and audit firm written notice whether the audit is complete.

D. Board staff shall find an audit is incomplete if it does not comply with all requirements specified under subsection (A) or if the audit is prepared by an audit firm that fails to meet the requirements under subsection (B)(1)(a) through (e). If Board staff finds an audit is incomplete, Board staff shall include the reason for the finding in the notice provided under subsection (C). If the charter holder or audit firm provides documentation to the Board demonstrating the reason for the finding no longer exists, Board staff shall find the annual audit is complete and provide written notice to the charter holder and audit firm.

E. A charter holder that fails to timely submit a complete audit may be subject to charter oversight as specified in Article 6.

F. Board staff shall review each audit deemed complete.

G. The Board shall annually calculate a performance rating for each charter holder using the Financial Performance Framework, the annual audit submitted to the Board by the charter holder and the average daily membership calculations completed by the Department using student attendance data submitted to the Department by the charter holder. The Board shall make each charter holder's financial performance dashboard publicly available on the Board's website.

H. Board staff shall send notice to a charter holder after the audit is reviewed unless the Board has been notified the charter holder will not be operating during the next fiscal year.

1. If the Board identifies an issue in the audit, Board staff shall direct the charter holder to address the issue and may require the charter holder to submit a CAP, as described in R7-5-510.

2. The Board shall require a charter holder that receives a summative financial performance rating of "Intervention" under R7-5-402(G) to prepare the financial intervention submissions as described in R7-5-509.

3. The Board shall require a charter holder identified as "On Probation" and, therefore, pursuant to R7-5-402(H) does not meet the minimum financial performance expectations to prepare the financial intervention submissions as described in R7-5-511.

I. If Board staff identifies a serious impact finding in the audit, the charter holder shall be subject to charter oversight as specified in Article 6 unless the charter holder provides credible evidence to the Board that the charter holder's next audit will find the charter holder in compliance.

J. In general, Board staff does not grant extensions for corrective action plan submissions under R7-5-504(H)(1) as the Board has an interest and duty to timely review these submissions to better ensure the charter holder addresses identified concerns quickly. However, if the deadline has not passed, Board staff may, for good cause, grant the charter holder an extension of time to submit the CAP pursuant to subsection (H)(1) or any additional information pursuant to R7-5-510. A charter holder seeking an extension of time must submit the request in writing and include the reason or reasons for the request.

History

• New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-505 Operational Performance Review

A. Board staff shall conduct a site visit to a charter school during the charter school's first year of operation, and thereafter as specified in R7-5-502, to evaluate the charter holder's compliance with its charter, other contractual agreements with the Board, federal and state law, and this Chapter.

B. Before conducting the first-year site visit specified under subsection (A), Board staff shall ask the charter holder to identify dates within a specified time frame not conducive to an unscheduled first-year site visit. This includes dates of an early release, parent conferences, or school not being in session.

C. Board staff may conduct a compliance check of a charter holder's operational performance at any time. The Board shall conduct a compliance check when:

1. The charter holder seeks to amend the charter or makes another request of the Board; or

2. A lending institution, bond rating agency, or similar entity that has a loan or bond arrangement with the charter holder contacts Board staff to discuss the charter holder's current standing with the Board.

D. Within 10 days after completing the site visit under subsection (A), Board staff shall provide the charter holder with written notice of any compliance issues identified and, if applicable, require the charter holder to submit a CAP as described in R7-5-510.

E. Within 10 days after completing a compliance check under subsection (C), Board staff shall provide the charter holder with written notice of any compliance issues identified and specify a deadline for addressing the issues.

F. After receiving the notice provided under subsection (E), the charter holder shall provide the Board with written notice demonstrating that all identified compliance issues have been addressed by the specified deadline.

G. The Board shall require a charter holder that fails to provide the notice required under subsection (F) or fails to demonstrate that all identified compliance issues have been addressed to appear before the Board and:

1. May subject the charter holder's requests to heightened review,

2. Shall not place the charter holder's requests on a Board agenda, and

3. May subject the charter holder to charter oversight as described in Article 6.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-506 Five-year-interval Review

A. As required under A.R.S. § 15-183(I)(3), the Board shall review a charter holder at five-year intervals for:

1. Compliance with its charter, other contractual agreements with the Board, federal and state law, and this Chapter; and

2. Achievement of the minimum performance expectations specified in Article 4.

B. Board staff shall provide a charter holder with notice of a five-year-interval review. Board staff shall include in the notice:

1. The information the charter holder is required to submit to the Board,

2. The deadline by which the charter holder shall submit the required information, and

3. A request for the charter holder to identify dates within a specified time frame not conducive to an unscheduled academic-systems-review site visit. This includes dates of an early release, parent conferences, or school not being in session.

C. The Board shall require a charter holder to review and confirm information concerning the charter's mission statement, program of instruction, instructional days, school calendar, charter representative, grade levels served, enrollment cap, principals, school site, and charter holder locations and, as applicable submit requests for appropriate post-charter actions as described in Article 3.

D. A charter holder that fails to submit the information required by the deadline specified in subsection (B) shall appear before the Board and may be subject to charter oversight as described in Article 6.

E. As part of a five-year-interval review, Board staff shall conduct an unscheduled academic-systems-review site visit, in accordance with R7-5-502, to gather evidence regarding the charter holder's implementation of a comprehensive program of instruction and a method to measure pupil progress toward outcomes required in the charter. Using the information provided by the charter holder under subsection (B)(3), Board staff shall provide written notice to the charter holder of the two-week interval during which Board staff will conduct the unscheduled academic-systems-review site visit.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019.

Ariz. Admin. Code § R7-5-507 Complaints

A. To make a complaint regarding a charter holder, a person shall submit to the Board a document that:

1. Alleges, with specificity that the charter holder is not in compliance with its charter, other contractual obligations to the Board, federal or state law, or other legal requirements;

2. Includes a statement of the facts on which the allegation or allegations of contractual or legal noncompliance is or are based; and

3. Includes supporting evidence, if available.

B. Board staff shall review the complaint to determine whether the complaint is within the Board's jurisdiction.

1. If Board staff determines the complaint is not within the Board's jurisdiction but may be within the jurisdiction of another agency, Board staff shall inform the complainant of the agency that has jurisdiction and that the complainant may file the complaint with the appropriate agency; or

2. If Board staff determines the complaint is within the Board's jurisdiction, Board staff shall, within five days after receiving the complaint, send a copy to the charter holder complained against.

C. A charter holder complained against shall, within 10 days after receiving a copy of the complaint provided under subsection (B)(2), provide a written response to the Board that addresses each allegation, the statement of facts, and supporting evidence in the complaint. The charter holder may include evidence of compliance with the response. Board staff may grant the charter holder an extension to submit the written response.

D. Board staff shall review the complaint and the charter holder's response to determine whether a violation of the charter, other contractual agreements with the Board, federal or state law, or this Chapter can be substantiated. Board staff shall conduct further investigation if additional information is needed. Board staff may place the charter holder on an agenda for the Board to determine whether the charter holder is in compliance with the charter, other contractual agreements with the Board, federal and state law, and this Chapter.

E. Within 10 days after receiving the charter holder's response under subsection (C), Board staff shall send:

1. The complainant a copy of the response, and

2. The complainant and charter holder notice of the final action to be taken.

B. Board staff shall review and process all complaints in accordance with the Board's jurisdiction, its oversight authority, and the procedures set forth herein.

1. Board staff shall determine whether a complaint is within the Board's jurisdiction. A complaint is within the Board's jurisdiction if the complaint alleges one or more allegations that the charter holder is not in compliance with its charter, other contractual obligations with the Board, state or federal law, or other legal requirements.

a. If Board staff determines that additional information is needed for a jurisdictional determination, Board staff may, within 10 days after receiving the complaint, request that information be submitted to the Board from either the complainant or charter holder, whichever is appropriate. The information requested shall be submitted to the Board within 15 days of receiving the Board's request.

b. If Board staff determines any of the allegations asserted in the complaint are within the Board's jurisdiction, Board staff shall, within 10 days after receiving the complaint or making a determination as to jurisdiction pursuant to subsection (1)(a), whichever is the later, send a copy of the complaint to the charter holder complained against.

c. If Board staff determines the complaint is not within the Board's jurisdiction or that it is more appropriately within the jurisdiction of an agency with legal authority in the matter, within 10 days after receiving the complaint or making a determination as to jurisdiction pursuant to subsection (1)(a), whichever is later, Board staff:

i. Shall notify the complainant that the Board does not have jurisdiction or that the Board is not the appropriate agency to address the complaint,

ii. May inform the complainant of the appropriate agency that may have jurisdiction and legal authority over the matter,

iii. May inform the complainant that he or she may file a complaint with the appropriate agency,

iv. Shall provide the charter holder with a copy of the complaint, and

v. Shall inform the charter holder and complainant that the charter holder is not required to file a response with the Board.

Except as provided in subsection (3), if a complaint is filed that asserts an allegation that is within the Board's jurisdiction, the charter holder complained against shall provide the Board with a written response within 15 days after receiving a copy of the complaint pursuant to subsection (1)(b). The response shall address the allegation or allegations and facts that Board staff specifies are within the Board's jurisdiction and provide the information requested by Board staff. The charter holder may address any supporting evidence included in the complaint and include any relevant evidence in its response.

a. If the charter holder fails to submit its response within the timeline stated in subsection (2) and/or subsection (2)(b), Board staff shall record the charter holder's untimely response on the charter holder's operational performance dashboard.

b. If the charter holder does not respond within the timeline stated in subsection (2), Board staff shall send notification to the charter holder stating the necessity of a timely response and requiring the charter holder to respond within seven calendar days of receipt of the notification.

c. If the charter holder fails to submit its response within the timeline stated in subsection (2) and/or subsection (2)(b), Board staff may place the charter holder on the agenda for a subsequent Board meeting for the Board's determination of whether the charter holder is in compliance with its charter, other contractual obligations to the Board, state or federal law, or other legal requirements.

d. If a complaint identifies or raises an issue that creates a reasonable belief of a potential threat to the health or safety of a student or a reasonable belief of harm to a student, Board staff may require the charter holder to respond within a shortened timeframe. The shortened timeframe shall be approved by the Executive Director and is within his or her sole discretion.

3. If Board staff determines that the allegations alleged in the complaint are within the Board's jurisdiction and do not violate the charter holder's charter, its other contractual obligations to the Board, federal or state law, or any other legal requirements, Board staff may deem the complaint unsubstantiated, send a copy to the charter holder complained against and notify the charter holder that it is not required to file a response.

a. If the Board determines that specific, but not all, allegations alleged in a complaint over which it has jurisdiction do not violate the charter holder's charter, its other contractual obligation to the Board, federal or state law, or any other legal requirements, Board staff may deem those specific allegations unsubstantiated, send a copy to the charter holder complained against and notify the charter holder that it is not required to file a response to the specific allegations that have been deemed unsubstantiated.

b. The charter holder is still required to file a response, pursuant to subsection (2), as to those allegations that the Board has jurisdiction but for which the Board has not yet determined does not violate the charter holder's charter, its other contractual obligations to the Board, federal or state law, or any other legal requirements.

4. Board staff may, for good cause, grant the charter holder an extension of time to submit its written response pursuant to subsection (2) or the requested information pursuant to subsection (1)(a). Charter holders must submit requests for extensions of time in writing, or in a manner as directed by staff, and include the reason or reasons for the request. Charter holders shall submit requests for extensions at least two days prior to the date on which the response is due to the Board.

a. If a charter holder is required to respond to a complaint within a shortened timeframe pursuant to subsection (2)(d), the charter holder shall submit a request for extension within a reasonable amount of time prior to the deadline, with consideration given to the nature of allegations.

b. If a charter holder fails to request an extension within the timeframe set forth in subsection (2), subsection (4), or subsection (4)(a), the charter holder may submit a request for an exemption from the lack of response being recorded on the charter holder's dashboard. The Executive Director, within his or her sole discretion, may grant the request if the charter holder demonstrates that good cause exists for the delay. If the charter holder is granted an exemption, the Executive Director shall establish a deadline for the charter holder to submit its response. A charter holder that fails to submit a response by the deadline set forth by the Executive Director shall be subject to the provisions set forth in R7-5-507(B)(2).

5. Board staff shall review the complaint, the charter holder's response and any other relevant information gathered or received in connection with the complaint to determine whether a violation of the charter, other contractual obligations to the Board, state or federal law, or other legal requirements can be substantiated. In its review of the complaint, Board staff may take, but is not limited to, the following actions:

a. Conduct further investigation, including a site visit, if additional information is needed;

b. Notwithstanding the Board's jurisdiction, consult with another agency with expertise related to a complaint;

c. Place the charter holder on the agenda for a subsequent Board meeting for the Board's determination whether the charter holder is in compliance with its charter, other contractual obligations with the Board, state or federal law, or other legal requirements. In deciding whether to place the charter holder on the Board's agenda, the Board's Executive Director, in consultation with the President of the Board, as appropriate, may consider the seriousness of the allegations, the information presented by the complainant and the charter holder, and the charter holder's willingness to resolve any alleged contractual or legal noncompliance.

d. If Board staff determines that the matter is more appropriately within the jurisdiction of an agency with legal authority in the matter and notifies the complainant in accordance with subsection (1)(c), Board staff:

i. May rely on the determination and action taken by the agency with legal authority in determining whether to substantiate the complaint and is not obligated to conduct its own investigation or determination.

ii. May keep the complaint open until the appropriate agency has made a determination on the complaint.

e. If a complaint identifies or raises an issue that creates a reasonable belief of a potential threat to the health or safety of a student or a reasonable belief of harm to a student, Board staff may alert any necessary authorities including law enforcement, the Department of Child Safety, and/or the Arizona Department of Education, and may visit the school.

f. If Board staff has reason to believe it is more likely than not that the charter holder may have violated the law, the Executive Director may provide the complaint to the Office of the Arizona Attorney General for further investigation, as appropriate.

6. A claim is substantiated when, based on the documentation received by the Board, it is more likely than not that a violation of the charter, other contractual obligations to the Board, state or federal law, or other legal requirements has occurred. If the complaint is deemed substantiated by Board staff or by another agency, Board staff shall mark the complaint substantiated, make it publicly available, and record the contractual or legal noncompliance issue on the charter holder's operational performance dashboard under the appropriate measure.

7. The Board considers a complaint "closed" when:

a. Board staff has deemed the complaint as substantiated, the charter holder has had an opportunity to respond, and the charter holder has documented that it has made a good faith effort to address the concern;

b. Board staff has deemed the complaint unsubstantiated;

c. According to subsection (1)(a) the complainant did not provide a response to Board staff's request for additional information within 15 days of the complainant's receipt of the request; or

d. The Board has made a final determination as to the complaint.

8. If, at a later date, the complainant or charter holder has additional information to provide to a closed complaint, Board staff shall accept the information and conduct a review. The additional information will be processed in accordance with the existing complaint process.

9. Once a complaint is closed, Board staff shall send the complainant and charter holder notice of the final action taken.

10. After the complaint has been reviewed and closed, the complaint, response and all related documents are retained in accordance with the Board's retention policy and are subject to public records law.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exmpt rulemaking at 27 A.A.R. 64, effective 12/15/2020.

Ariz. Admin. Code § R7-5-508 Demonstration of Sufficient Progress towards Minimum Academic Performance Expectations

A. The Board shall require a charter holder to demonstrate the charter holder is making sufficient progress towards achieving the minimum academic performance expectations if:

1. The Board determines under R7-5-401(D) the charter holder does not meet the minimum academic performance expectations; or

2. A charter school operated by the charter holder is assigned a letter grade of "F" by the Department.

B. Within 30 days after issuing overall ratings, the Board shall provide the charter holder with a written notification of the charter holder's progress toward meeting the minimum academic performance expectations.

C. If a charter school operated by a charter holder receives an overall rating of "does not meet" or "falls far below" for three consecutive years, the Board shall conclude the charter holder has failed to demonstrate sufficient progress.

D. If the Board concludes a charter holder has failed to demonstrate sufficient progress, the charter holder may be subject to charter oversight as specified in Article 6.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-509 Financial Intervention Submissions

A. The Board shall require a charter holder assigned a summative financial performance rating of "Intervention" under R7-5-402(G) to submit the attestation required under R7-5-402(G), quarterly financial reports and a June 30 quarterly financial report. The charter holder shall be required to submit quarterly financial reports, including the June 30 quarterly financial report, to the Board until the Board receives the charter holder's next audit conducted under R7-5-504.

B. Board staff shall provide written notice to a charter holder that is assigned a summative financial performance rating of "Intervention" under R7-5-402(G). Board staff shall ensure the notice includes the following:

1. Information on how to access the charter holder's financial performance dashboard,

2. The deadline, which will be set 30 days from the date of the written notice, for submitting the attestation required under R7-5-402(G), and

3. The quarterly financial report or reports, including, if applicable, the June 30 quarterly financial report, that must be submitted to the Board and the submission deadline, which will be set 30 calendar days from the date of the written notice.

a. If the written notice date is between October 1 and December 31, the charter holder must address the quarter ending September 30.

b. If the written notice date is between January 1 and March 31, the charter holder must address the quarters ending September 30 and December 31.

c. If the written notice date is between April 1 and July 15, the charter holder must address the quarters ending September 30, December 31 and March 31.

d. If the written notice date is after July 15, the charter holder must address the quarters ending September 30, December 31, March 31 and June 30.

C. If the first quarterly financial report or reports submitted in response to the written notice provided under subsection (B) supports that the charter holder has cured the default, then the charter holder shall be removed from the intervention process if the default measure was the only measure for which the charter holder received a rating of "below standard" based on the most recent audit conducted under R7-5-504.

D. Within 30 calendar days after receiving the first quarterly financial report or reports submitted in response to the written notice provided under subsection (B), Board staff shall provide the charter holder with written notice that includes the following:

1. The quarterly financial report requirements and submission deadlines;

2. Any differences identified between the calculations included by the charter holder in its quarterly financial report or reports and those completed by Board staff; and

3. If applicable, the determination made under subsection (C).

E. The submission deadlines for quarterly financial reports, including the June 30 quarterly financial report, submitted subsequent to the quarterly financial report or reports reviewed under subsection (D) are as follows:

1. October 30 for the quarter ending September 30;

2. January 30 for the quarter ending December 31;

3. April 30 for the quarter ending March 31; and

4. August 15 for the quarter ending June 30.

F. For each quarterly financial report submitted subsequent to the quarterly financial report or reports reviewed under subsection (D) and prior to the June 30 quarterly financial report and for each quarterly financial report submitted subsequent to the June 30 quarterly financial report pursuant to subsection (A), Board staff shall determine the charter holder's current performance and compare Board staff's results to the charter holder's calculation results. Within 30 calendar days of each quarterly financial report's receipt, Board staff shall notify the charter holder in writing of:

1. The submission deadline for the next quarterly financial report; and

2. Any differences identified between the calculations completed by the charter holder and those completed by Board staff.

G. For each charter holder that submitted a June 30 quarterly financial report, Board staff shall determine whether:

1. The going concern measure received a rating of "below standard" on the most recent audit conducted under R7-5-504.

2. The measure or measures rated "below standard" based on the most recent audit conducted under R7-5-504 will likely improve to at least an "approaches standard" rating or remain rated "below standard" when calculations are completed using the charter holder's next audit conducted under R7-5-504.

3. One or more of the Financial Performance Framework's other measures will likely be rated "below standard" when calculations are completed using the charter holder's next audit conducted under R7-5-504.

4. The charter holder was required to submit a corrective action plan under R7-5-504(H)(1) based on the most recent audit conducted under R7-5-504 for failure to pay taxes or contributions due to the Internal Revenue Service, Arizona Department of Revenue, Arizona Department of Economic Security or Arizona State Retirement System, failure to have sufficient cash at June 30 to cover the charter holder's unspent Classroom Site Fund balance, or failure to maintain worker's compensation insurance or liability insurance.

5. The Board has substantiated in the audited fiscal year, subsequent fiscal year or both any complaint involving late payroll checks to employees, health insurance or liability insurance cancellation due to nonpayment or failure to make required retirement plan contributions, or the Board has received in the audited fiscal year, subsequent fiscal year or both notification from the Arizona State Retirement System of delinquent retirement contributions.

6. The charter holder has been required to make at least one submission under R7-5-501(D) in the audited fiscal year, subsequent fiscal year or both.

7. Within the most recent five-year period the charter holder has been assigned three summative financial performance ratings of "Intervention."

H. Within 45 calendar days after receiving a June 30 quarterly financial report, Board staff shall notify the charter holder in writing of:

1. The determinations made by Board staff under subsection (G);

2. The submission deadline for the next quarterly financial report required under subsection (A); and

3. Any differences identified between the calculations completed by the charter holder and those completed by Board staff.

I. The charter holder's attestation required under R7-5-402(G), quarterly financial reports and June 30 quarterly financial report shall be made publicly available through the charter holder's financial performance dashboard.

J. If a charter holder fails to submit or fails to timely submit a quarterly financial report or June 30 quarterly financial report required under subsection (A), Board staff shall note the failure on the charter holder's operational performance dashboard. The charter holder may be subject to charter oversight as specified in Article 6.

K. If a charter holder fails to submit a complete quarterly financial report or June 30 quarterly financial report required under subsection (A) by the specified deadline, Board staff shall:

1. Provide written notice to the charter holder that includes the reason for the finding and identifies the one-day deadline by which a complete quarterly financial report or June 30 quarterly financial report must be received to avoid charter oversight as specified in Article 6.

2. Note the failure identified in subsection (K) on the charter holder's operational performance dashboard.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020. Amended by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 28 A.A.R. 3492, effective 10/17/2022. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-510 Corrective Action Plan

A. Board staff shall require a charter holder to prepare a CAP for:

1. Any issue identified during a site visit described in R7-5-502 or R7-5-505 ,

2. An issue identified through the audit described in R7-5-504, or

3. Actions taken by the Board to withhold up to 10 percent of the charter holder's monthly state aid as described in R7-5-601 and R7-5-605 .

4. Any other factors relating to the charter holder's compliance with the provisions of its charter and federal or state laws

B. Board staff shall provide written notice to a charter holder required to prepare a CAP. Board staff shall ensure the written notice includes the following:

1. An explanation of why the charter holder is required to submit a CAP,

1. 2. A description of the issue,

2. 3. A list of the specific information required in the CAP,

3. 4. The deadline for submitting the CAP to the Board,

4. 5. The time during which the charter holder is required to implement the CAP, and

5. 6. The consequences if the charter holder fails to submit or implement the CAP.

C. Within 10 days after receiving the CAP, Board staff shall provide written notice to the charter holder that:

1. A complete CAP was received and implementation is required; or

Additional information is required and the deadline for submitting the additional information to the Board.

D. Board staff shall monitor, through site visits and review of documentary evidence, the charter holder's implementation of the CAP until the Board determines the issue has been corrected.

1. The charter holder shall demonstrate to the Board through documentation or a site visit that steps have been taken to correct the offense or, in the case of a serious impact finding, that the charter holder is currently in compliance.

2. The Board shall consider possible disciplinary action under R7-5-304 against the charter holder if the charter holder fails to implement the CAP and rectify the offense.

E. If a charter holder fails to submit a required CAP, fails to submit additional information required under subsection (C)(2), or fails to implement the CAP timely, the charter holder may be subject to charter oversight as specified in Article 6.

History

• Renumbered from R7-5-302 by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-511 Financial Intervention Submissions - On Probation

A. In accordance with R7-5-402(J) through (L), the Board shall require a charter holder identified under R7-5-402(H) as "On Probation" to submit quarterly financial reports and a June 30 quarterly financial report. The charter holder shall be required to submit quarterly financial reports, including a June 30 quarterly financial report, to the Board until the Board receives the charter holder's next audit conducted under R7-5-504.

B. After being notified of its probation risk level assigned under R7-5-402(I)(3), the charter holder shall be required to submit its quarterly financial reports, including the June 30 quarterly financial report, to the Board by the deadlines identified in subsections (B)(1) through (B)(5).

1. October 30 for the quarter ending September 30;

2. January 30 for the quarter ending December 31;

3. April 30 for the quarter ending March 31;

4. August 15 for the quarter ending June 30; and

At least 10 days after receiving the written notice provided under R7-5-402(M) the charter holder shall submit any required quarterly financial reports not previously provided by the deadline identified in subsections (B)(1) through (B)(4).

C. Within 30 calendar days after receiving the first quarterly financial report submitted in response to the written notice provided under R7-5-402(M), Board staff shall provide the charter holder with written notice that includes the following:

1. The submission deadline for the next quarterly financial report required under subsection (A); and

2. Any differences identified between the calculations completed by the charter holder and those completed by Board staff.

D. For each quarterly financial report submitted subsequent to the quarterly financial report reviewed under subsection (C) and prior to the June 30 quarterly financial report and for each quarterly financial report submitted subsequent to the June 30 quarterly financial report pursuant to subsection (A), Board staff shall determine the charter holder's current performance and compare Board staff's results to the charter holder's calculation results. Within 30 calendar days of each quarterly financial report's receipt, Board staff shall notify the charter holder in writing of:

The submission deadline for the next quarterly financial report; and

2. Any differences identified between the calculations completed by the charter holder and those completed by Board staff.

E. For each charter holder that submitted a June 30 quarterly financial report, Board staff shall determine whether:

1. The going concern measure received a rating of "below standard" on the most recent audit conducted under R7-5-504.

2. The measure or measures rated "below standard" based on the most recent audit conducted under R7-5-504 will likely improve to at least an "approaches standard" rating or remain rated "below standard" when calculations are completed using the charter holder's next audit conducted under R7-5-504.

3. One or more of the Financial Performance Framework's other measures will likely be rated "below standard" when calculations are completed using the charter holder's next audit conducted under R7-5-504.

4. The charter holder was required to submit a corrective action plan under R7-5-504(H)(1) based on the most recent audit conducted under R7-5-504 for failure to pay taxes or contributions due to the Internal Revenue Service, Arizona Department of Revenue, Arizona Department of Economic Security or Arizona State Retirement System, failure to have sufficient cash at June 30 to cover the charter holder's unspent Classroom Site Fund balance, or failure to maintain worker's compensation insurance or liability insurance.

5. The Board has substantiated in the audited fiscal year, subsequent fiscal year or both any complaint involving late payroll checks to employees, health insurance or liability insurance cancellation due to nonpayment or failure to make required retirement plan contributions, or the Board has received in the audited fiscal year, subsequent fiscal year or both notification from the Arizona State Retirement System of delinquent retirement contributions.

6. The charter holder has been required to make at least one submission under R7-5-501(D) in the audited fiscal year, subsequent fiscal year or both.

Within the most recent five-year period the charter holder has been assigned three summative financial performance ratings of "Intervention."

F. Within 45 calendar days after receiving a June 30 quarterly financial report, Board staff shall notify the charter holder in writing of:

1. The determinations made by Board staff under subsection (E);

2. The submission deadline for the next quarterly financial report required under subsection (A); and

3. Any differences identified between the calculations completed by the charter holder and those completed by Board staff.

G. The charter holder's attestation required under R7-5-402(J)-(L), quarterly financial reports and June 30 quarterly financial report shall be made publicly available through the charter holder's financial performance dashboard.

H. If a charter holder fails to submit or fails to timely submit a quarterly financial report or June 30 quarterly financial report required under subsection (A), Board staff shall note the failure on the charter holder's operational performance dashboard. The charter holder may be subject to charter oversight as specified in Article 6.

I. If a charter holder fails to submit by the specified deadline a complete quarterly financial report or June 30 quarterly financial report required under subsection (A), Board staff shall:

1. Provide written notice to the charter holder that includes the reason for the finding and identifies the one-day deadline by which a complete quarterly financial report or June 30 quarterly financial report must be received to avoid charter oversight as specified in Article 6.

2. Note the failure identified in subsection (I) on the charter holder's operational performance dashboard.

History

• Adopted by final exempt rulemaking at 27 A.A.R. 1423, effective 9/30/2021. Amended by final exempt rulemaking at 28 A.A.R. 3492, effective 10/17/2022. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Article 6 CHARTER OVERSIGHT

Ariz. Admin. Code § R7-5-601 Charter Oversight: General Provisions

A. Before the Board determines a charter holder is not in compliance with its charter, other contractual agreements with the Board, federal or state laws, or this Chapter and decides whether to impose charter oversight, the Board shall provide notice to the charter holder.

B. The Board shall provide the charter holder with at least 72-hours' notice of the date, time, and location of the meeting at which the Board will decide whether to impose charter oversight. The Board shall include in the notice the purpose of the meeting and why the Board is considering imposing charter oversight.

C. In determining the appropriate charter oversight action to take, the Board shall consider the following, as applicable:

1. Threat to the health or safety of children;

2. Whether the charter holder's historical compliance record indicates repeated or multiple breaches of the provisions of its charter, other contractual agreements with the Board, federal or state laws, or this Chapter;

3. Whether the charter holder has failed to meet the minimum academic performance expectations specified under R7-5-401 ;

4. Length of time the issue has been occurring;

5. The charter holder's compliance with and response to Board investigation by providing necessary information and documentation within requested time frames;

6. Whether there has been a misuse of funds; and

7. Any other factor that bears on the charter holder's ability and willingness to comply with its charter, other contractual agreements with the Board, federal and state laws, and this Chapter.

B. D. Charter oversight actions available to the Board include, but are not limited to the following:

1. Imposing a civil penalty, as authorized under A.R.S. § 15-185 and described under R7-5-604 ;

Requesting the Department withhold up to 10 percent of a charter holder's monthly state aid as authorized under A.R.S. § 15-185 and described under R7-5-605 and requiring the charter holder to submit a CAP as described under R7-5-510 ;

Entering into a consent agreement with a charter holder as described under R7-5-606 ;

a. Describes each offense;

b. Stipulates the facts agreed to by the Board and the charter holder;

c. Specifies the actions the charter holder must take to demonstrate compliance and avoid further disciplinary action;

d. Provides a timeline for the charter holder to complete the actions specified in the consent agreement;

e. Stipulates that if the charter holder fails to comply with the terms and conditions of the consent agreement, the Board may, after giving the number of days notice specified in the consent agreement, hold a hearing at which the Board receives information to determine whether evidence exists that the charter holder has failed to comply with the consent agreement. If the Board determines that the charter holder has breached the consent agreement, the Board may revoke the charter holder's charter; and

f. Is approved by the Board and the charter holder and signed by the Board president or designee and the authorized representative;

Issuing a notice of intent to revoke a charter as authorized under A.R.S. § 15-183 and described under R7-5-607 . and

5. Revoking a charter as authorized under A.R.S. § 15-183 and described under R7-5-607.

History

• Renumbered from R7-5-304 by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-602 Oversight of Charter Schools Assigned a Letter Grade of "F" by the Department

A. If the Department notifies the Board, as required under A.R.S. § 15-241, that a charter school has been assigned a letter grade of "F," the Board shall require the charter holder to appear before the Board for consideration of whether the Board will issue a notice of intent to revoke the charter under R7-5-607 or restore the charter to acceptable performance through a consent agreement under R7-5-606.

B. Upon receipt of the Department's notice under subsection (A), the Board shall provide written notice to the charter holder that the school has been designated a failing school.

C. Within 30 days after receipt of the notice provided under subsection (B), the charter holder shall:

1. As required under A.R.S. § 15-241.02(I), provide written notice to the parents or guardians of all students attending the school that the Department has assigned the school a letter grade of "F" because the school is demonstrating a failing level of performance. The charter holder shall provide to the Board a copy of the notice required under this subsection and an attestation that the written notice required under this subsection was duly provided to the parents or guardians of all students attending the school.

2. Provide the Board with a list of the names and mailing addresses of the parents or guardians of all students attending the school; and

3.2. Ensure the charter school's public communications that make a statement concerning the charter school's academic performance, including the charter school's web site and promotional materials, accurately describe the charter school's most current annual achievement profile assigned by the Department.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 1926, effective 7/8/2019. Amended by final exempt rulemaking at 31 A.A.R. 793, effective 1/7/2025.

Ariz. Admin. Code § R7-5-603 Oversight of Charter Schools Assigned a Letter Grade of "D" by the Department

A. Within 30 days after the Department notifies a charter holder under A.R.S. § 15-241 that a charter school operated by the charter holder has been assigned a letter grade of "D," the charter holder shall:

Comply fully with A.R.S. § 15-241 by providing written notice to the parents or guardians of all students attending the school. The charter holder shall include the following in the notice:

a. The Department has assigned the charter school a letter grade of "D;"

b. The charter holder is required under A.R.S. § 15-241.02 to prepare an improvement plan within 90 days after the charter school was assigned a letter grade of "D;" and

c. The charter holder is required to present the improvement plan to the Board at a public meeting;

2. Provide the Board a copy of the notice required under subsection (A)(1);

3. Provide the Board with a list of the names and mailing addresses of the parents or guardians of all students attending the school; and

4. Ensure the charter school's public communications that make a statement concerning the charter school's academic performance, including the charter school's web site and promotional materials, accurately describe the charter school's most current academic performance rating assigned by the Department.

B. The Board shall require a charter holder that fails to comply fully with subsection (A) to appear before the Board for consideration of the charter holder's noncompliance and may subject the charter holder to additional charter oversight.

C. Under A.R.S. § 15-241.02, the Board is required to revoke the charter of a charter school if the Board determines the improvement plan required under subsection (A)(1)(b) was not properly implemented.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-604 Civil Penalty for Fingerprinting Violation

A. After identifying a violation of A.R.S. §§ 15-183, 15-512 or both, Board staff shall provide the charter holder with written notice of noncompliance with statutory fingerprinting requirements and the date, time, and location of the Board meeting at which the Board will consider whether to impose a civil penalty under A.R.S. § 15-185.

B. If the Board determines a charter holder has failed to comply with the statutory fingerprinting requirements in A.R.S. §§ 15-183 or 15-512, the Board may impose a civil penalty of $1,000 per occurrence as provided under A.R.S. § 15-185.

C. Within 30 days after a civil penalty is imposed under subsection (B), the charter holder may submit to the Board a written appeal of the civil penalty. The charter holder shall include the following information in the written appeal:

1. Name and address of the appellant;

2. Concise statement of the reason for the appeal;

Relief sought; and

4. If the appellant will be represented by an attorney, the attorney's name, address, and telephone number.

D. The Board shall hold a hearing to consider the appeal within 60 days after receiving the appeal.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-605 Withholding State Funds

A. Under A.R.S. § 15-185, if the Board determines at a public meeting that a charter holder is not in compliance with its charter or federal or state law, the Board may request the Department to withhold up to 10 percent of the charter holder's monthly apportionment of state aid.

B. If the Board decides to request that the Department withhold part of the charter holder's monthly apportionment of state aid, the Board shall provide written notice to the charter holder. The Board shall include the following in the notice:

1. The reason the withholding is being imposed,

2. The percentage of the charter holder's monthly apportionment of state aid to be withheld,

3. The date on which the withholding will begin, and

4. Actions required by the charter holder before the full amount of state aid is restored.

C. If a percentage of the charter holder's monthly apportionment of state aid is withheld for six months and the charter holder has not completed the actions required under subsection (B)(4), the Board shall consider the charter holder's noncompliance and may subject the charter holder to additional charter oversight including issuing a notice of intent to revoke under R7-5-607.

D. If a percentage of the charter holder's monthly apportionment of state aid is withheld for failure to submit an audit for two months, the Board shall consider the charter holder's noncompliance and may subject the charter holder to additional charter oversight including issuing a notice of intent to revoke under R7-5-607.

E. When the Board determines the charter holder is in compliance with its charter and federal and state law, the Board shall request that the Department restore the full amount of state aid to the charter holder.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-606 Consent Agreement

A. If the Board determines that a charter holder is not in compliance with its charter, other contractual agreements with the Board, federal or state law, or this Chapter, the Board may enter into a consent agreement with the charter holder to resolve the noncompliance.

B. The Board shall include the following in a consent agreement:

1. The reason for the consent agreement;

2. The facts and conditions to which the Board and charter holder agreed;

3. The actions the charter holder must take to demonstrate compliance and avoid further charter oversight;

4. The time within which the charter holder is to complete the actions specified under subsection (B)(3); and

5. After approval by both the Board and charter holder, the signatures of both the Board president and charter representative.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Ariz. Admin. Code § R7-5-607 Revocation

A. If the Board determines that a charter holder is not in compliance with its charter, federal or state law, or this Chapter, the Board may issue a written notice of intent to revoke the charter as authorized under A.R.S. § 15-183.

B. When a charter holder receives a notice of intent to revoke and notice of hearing, the charter holder shall:

1. Within 48 hours after receiving the notice of intent to revoke and notice of hearing, provide written notice that includes the following to all staff and the parents or guardians of all students attending the school:

a. A notice of intent to revoke has been received;

b. The notice of intent to revoke may be inspected at the charter school location; and

c. The date, time, and location of the hearing set with the Office of Administrative Hearings; and

2. Within 20 days after receiving the notice of intent to revoke, provide the Board with:

a. A copy of the notice required under subsection (B)(1), and

b. A list of the names and mailing addresses of the parents or guardians of all students attending the school.

C. Both the Board and charter holder shall appear for an administrative hearing before an administrative law judge at the Office of Administrative Hearings on the date provided in the notice of intent to revoke.

D. After the administrative hearing under subsection (C) and receipt of the decision of the administrative law judge, the Board shall hold a public meeting at which the Board shall:

1. Decide whether to accept, reject, or modify the decision of the administrative law judge; and

2. Take action on the charter.

History

• New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.

Chapter 6 School Facilities Oversight Board

Article 1 DEFINITIONS

Ariz. Admin. Code § R7-6-101 Definitions

The definitions at A.R.S. § § 41-5701 and 41-5711 apply to this Chapter. Additionally, unless otherwise specified, in this Chapter:

1. "Ambient CO² level" means the carbon dioxide level of the outside air.

2. "All-weather surface" means an area for vehicular use or parking that is surfaced with asphalt, concrete, chip seal, graded and compacted gravel, or other stabilized system.

3. "Board" means the School Facilities Board.

4.3. "Decibel" means a unit for expressing the relative intensity of sounds.

5.4. "Eligible students" has the same meaning as prescribed at A.R.S. § 15-901.

6.5. "Equipment" means an item not affixed to the real property of a school facility.

7.6. "Exterior envelope" means the exterior walls, floor, and roof of a building.

8.7. "Fixture" means an item affixed to the real property of a school facility.

9.8. "Foot-candle" means the amount of illumination the inside surface of a one-foot-radius sphere would receive from a candle 7/8 inch in diameter burning at the exact center of the sphere at 7.776 grams per hour.

10.9. "FTE" means full-time equivalent.

11.10. "General classroom" means a space that can be configured for instruction in at least the areas of language arts, mathematics, and social studies.

12.11. "HVAC" means a heating, ventilation, and air conditioning system. The air conditioning system may or may not be refrigerated.

13.12. "IEP" means individualized educational plan, a legal document required by law for each public school child who needs special education.

14.13. "Normal conditions" means occupancy during regular school hours while the building system is operating.

15.14. "PPM" means parts per million.

16.15. "Random sample" means arbitrary selection through a process in which each classroom in each building has an equal chance of being selected.

17.16. "School facility" means a building or group of buildings and outdoor area that are administered together to comprise a school campus.

18.17. "School site" means one or more parcels of land where a school facility is located. More than one school facility may be located on a school site.

19.18. "Specialty classroom" means classroom square footage specifically designed for instruction in science, physical education, career and technical education, or art.

20.19. "Student" means an individual:

a. Enrolled at a school facility; and

b. In average daily membership, which is defined at A.R.S. § 15-901.

21.20. "Student body" means the number of students at a school facility.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Amended by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-102 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 2 MINIMUM SCHOOL FACILITY GUIDELINES

Ariz. Admin. Code § R7-6-201 Application

A. The provisions of this Chapter are applicable to a school facility and equipment that are necessary to meet the minimum school facility guidelines established in this Article or to meet the gross square footage standards and are in addition to standards prescribed by law.

B. Notwithstanding subsection (A), new construction projects and building renewal projects approved before the effective date of this rulemaking are exempt from changes made in this rulemaking.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-202 Reserved

Ariz. Admin. Code § R7-6-203 Reserved

Ariz. Admin. Code § R7-6-204 Reserved

Ariz. Admin. Code § R7-6-205 School Site

A. A school district shall ensure a school site has safe access, parking, drainage, and security to accommodate a school facility that complies with:

1. The minimum gross square footage requirements established in A.R.S. § 41-5711(C), for the number of students at the school facility; and

2. This Chapter.

B. A school site provides safe access by having:

1. A student drop-off area; and

2. A pedestrian pathway that allows students to enter the school facility through a designated point of entry without crossing vehicular traffic or by crossing vehicular traffic at a designated crosswalk.

C. A school site provides adequate parking by having an all-weather surface area large enough to accommodate one parking space per staff FTE and one visitor parking space per 100 students. A school site that is unable to provide adequate parking may have the sufficiency of parking at the school site determined by the Board using the following criteria:

1. Availability of street parking around the school facility;

2. Availability of any nearby parking lots;

Availability of public transit;

Number of staff who drive to work on a daily basis; and

5. The average number of visitors on a daily basis.

D. A school site provides adequate drainage if the school site is prepared in a manner consistent with the drainage and floodplain management standards of the jurisdiction in which the school site is located.

E. A school site provides adequate security if:

1. There is a fenced or walled, outdoor, play or physical education area for preschool children with disabilities and students in kindergarten through grade six. A school site that is unable to provide adequate security may have the sufficiency of security at the school site determined by the Board using the following criteria:

1.a. Amount of vehicular traffic near the school site;

2.b. Existence of hazardous or natural barriers on or near the school site;

3.c. The amount of animal nuisance near the school site; and

4.d. Visibility of the outdoor, play or physical education area; and

2. The emergency response plan required under A.R.S. § 15-341(A) has been developed.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-206 Reserved

Ariz. Admin. Code § R7-6-207 Reserved

Ariz. Admin. Code § R7-6-208 Reserved

Ariz. Admin. Code § R7-6-209 Reserved

Ariz. Admin. Code § R7-6-210 Classroom Square Footage

A. A school district shall have school facilities with the following minimum cumulative classroom square footage:

1. For preschool children with disabilities through grade three: 32 square feet per student;

2. For grades four through six: 28 square feet per student;

For grades seven and eight: 26 square feet per student; and

4. For grades nine through 12: 25 square feet per student.

B. Classroom square footage of a school facility is measured from interior wall to interior wall of a classroom and is the space required for teaching. Both general and specialty classrooms are included in the classroom square footage of a school facility.

C. Cumulative classroom square footage is measured as follows:

1. 100 percent of the classroom square footage usable for general classroom purposes and occupied throughout a day by the same students in programs for preschool children with disabilities, kindergarten, and grades one through six;

2. 90 percent of the classroom square footage usable for general and specialty classroom purposes in programs for students in grades seven and eight; and

3. 85 percent of the classroom square footage usable for general and specialty classroom purposes in programs for students in grades nine through 12.

D. Classroom square footage includes space allocated for any of the following purposes:

1. Garment storage,

2. Supply storage,

3. Work counter; and

4. Teacher or student collaboration.

E. An exterior space may be included in the classroom square footage of a school facility if the exterior space is covered and meets all other standards in this Chapter.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-211 Classroom Fixtures and Equipment

Each general and specialty classroom shall:

1. Contain a work surface and seat for each student, teacher, and other individual regularly assigned to the classroom. The work surface and seat shall be:

a. Appropriate for the normal activity of the class conducted in the room, and

b. Capable of being moved into different configurations;

2. Have at least one, non-electronic or electronic, mounted or retractable, surface, at least three feet by five feet, which fulfills all of the following purposes:

a. Is erasable,

b. Is suitable for projection, and

c. Is suitable for display;

3. Have storage for classroom materials or conveniently accessible storage; and

4. Have secure storage for student records or conveniently accessible secure storage. Student records may be stored electronically.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-212 Classroom Lighting

A. Each general, science, and art classroom shall have a light system capable of maintaining at least:

1. Fifty foot-candles of light if the light is provided by incandescent, halogen, or fluorescent bulbs; or

2. Thirty foot-candles of light if the light is provided by LED (light emitting diode) bulbs;

B. The light level shall be measured at a work surface located in the approximate center of the classroom, between clean light fixtures under normal operating conditions.

C. A random sample of 10 percent of the general, science, and art classrooms in each building shall be measured to determine the classroom light level for the school facility.

D. For purposes of this Section, all portable or modular buildings located at a school facility that were manufactured in the same year and installed at the school facility at the same time are considered a single building.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-213 Classroom Temperature

A. A school facility shall have an HVAC or other system capable of maintaining a temperature between 68° and 82° F under normal conditions with an occupied classroom.

B. Except in areas where the elevation is above 5,000 feet, defective or non-operable air conditioners and evaporative coolers shall be replaced with air conditioning. Non-air conditioned schools with elevations less than 5,000 feet shall be air-conditioned.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-214 Classroom Acoustics

A. The sustained background sound level of each general, science, and art classroom shall be less than 55 decibels.

B. The sound level shall be measured at a work surface in the approximate center of the classroom, under normal conditions.

C. A random sample of 10 percent of the general, science, and art classrooms in each building shall be measured to determine the classroom sound level for the school facility.

D. For purposes of this Section, all portable or modular buildings located at a school facility that were manufactured in the same year and installed at the school facility at the same time are considered a single building.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-215 Classroom Air Quality

The CO² level in each general and specialty classroom shall not exceed 700 PPM above the ambient CO² level.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-216 Measuring Classroom Comfort

To determine whether a school facility complies with the standards in R7-6-212 through R7-6-215:

1. Classroom lighting, temperature, acoustics, and air quality shall be measured at a work surface in the approximate center of a classroom under normal conditions; and

2. Measuring shall be performed for a random sample of 10 percent of the general, science, and art classrooms in each building of the school facility

3. All portable or modular buildings manufactured in the same year and installed at the school facility at the same time are considered a single building.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-217 Reserved

Ariz. Admin. Code § R7-6-218 Reserved

Ariz. Admin. Code § R7-6-219 Reserved

Ariz. Admin. Code § R7-6-220 Learning and Technology Center

A. A school facility shall have a learning and technology center with space for students to access electronic and hard-copy research and reading materials. The learning and technology center shall include space for reading, listening, and viewing materials.

B. For an elementary school facility, the learning and technology center shall have space equal to the lesser of 1000 square feet or the square footage equal to 20 square feet per student for 10 percent of the student body.

C. For a middle or junior high or high school facility that serves at least 150 students, the learning and technology center shall have space equal to the lesser of 1200 square feet or the square footage equal to 20 square feet per student for 10 percent of the student body.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-221 Equipment for Learning and Technology Center

A. The learning and technology center of a school facility shall contain the following minimum equipment:

1. One linear foot of book shelf space per student;

2.1. One work surface and seat for every 20 students, minimum of 15, maximum of 75;

3.2. One multimedia display;

4.3. Projection equipment and projection surface;

5.4. Ten books per student; and

6.5. An electronic or hard copy of each of the following:

a. Almanac,

b. Encyclopedia,

c. Atlas, and

d. Unabridged dictionary.

B. If a hard-copy almanac, encyclopedia, or atlas is used, each shall have a publication date of 2015 or later.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-222 Reserved

Ariz. Admin. Code § R7-6-223 Reserved

Ariz. Admin. Code § R7-6-224 Reserved

Ariz. Admin. Code § R7-6-225 Cafeteria

A school facility shall have covered space in which students are able to eat within the school site, outside of classrooms. The space used as a cafeteria may have more than one function and may fulfill more than one requirement in this Chapter.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-226 Food Service

A. A school facility shall have space, fixtures, and equipment sufficient for receiving, storing, preparing, and serving food to students. The food service fixtures and equipment shall be in or accessible to the cafeteria space.

B. A school facility shall ensure food service fixtures and equipment comply with county health codes.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-227 Equipment List for Food Service

A. A school facility that receives, stores, prepares, and serves food to students shall have the following fixtures and equipment:

One three-compartment sink,

2. One double-stack oven or a warming oven,

3. One dishwasher if reusable dishes and silverware are used,

4. One hot-food holding appliance,

5. One range with hood,

6. One refrigerator,

7. One freezer, and

8. One milk refrigerator.

B. An alternative may be substituted for any item in subsection (A) if the alternative enables the school facility to receive, store, prepare, and serve food to students.

C. A school facility that receives, stores, and serves food prepared off the school site may substitute equipment required for a warming kitchen for the items in subsection (A).

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-228 Reserved

Ariz. Admin. Code § R7-6-229 Reserved

Ariz. Admin. Code § R7-6-230 Multiuse Space

A school facility shall have a space capable of being used for student assembly. The space shall be:

1. Large enough to accommodate one-third of the student body, and

2. The same size or larger than an average classroom at the school facility

3. At least seven square feet multiplied by one-third of the student body in addition to the square footage of open aisle and exiting path space.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-231 Reserved

Ariz. Admin. Code § R7-6-232 Reserved

Ariz. Admin. Code § R7-6-233 Reserved

Ariz. Admin. Code § R7-6-234 Reserved

Ariz. Admin. Code § R7-6-235 Technology

A school facility shall provide at least one network connected multimedia device for every student. A multimedia device is a computer, tablet, or other smart device with internet access capable of presenting multimedia content.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-236 Reserved

Ariz. Admin. Code § R7-6-237 Reserved

Ariz. Admin. Code § R7-6-238 Reserved

Ariz. Admin. Code § R7-6-239 Reserved

Ariz. Admin. Code § R7-6-240 Transportation

A. Pupil transportation vehicles manufactured prior to 1978 shall be replaced if the eligible students transported exceeds the student transportation capacity of the district, excluding the vehicle eligible for replacement.

B. Diesel powered pupil transportation vehicles with more than 400,000 miles and gasoline powered pupil transportation vehicles with more than 200,000 miles shall be replaced if the eligible students transported exceeds the student transportation capacity of the district, excluding the vehicle eligible for replacement.

C. Diesel powered pupil transportation vehicles with more than 266,800 miles and gasoline powered pupil transportation vehicles with more than 133,400 miles shall be replaced if at least one-half of the miles accumulated on the vehicle were driven on unpaved roads and if the eligible students transported exceeds the student transportation capacity of the district, excluding the vehicle eligible for replacement.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-241 Reserved

Ariz. Admin. Code § R7-6-242 Reserved

Ariz. Admin. Code § R7-6-243 Reserved

Ariz. Admin. Code § R7-6-244 Reserved

Ariz. Admin. Code § R7-6-245 Science Facilities

A. A school facility with students in grades five through 12 shall have classroom square footage for delivery of practical instruction in science.

1. For grades five through eight, no classroom square footage is required other than as specified in R7-6-210.

2. For grades nine through 12, four square feet per student is required for practical instruction in science. The space shall not be smaller than the average classroom at the facility and may be used for other instruction when not needed for practical instruction in science.

B. A school facility with students in grades five through 12 shall have the science fixtures and equipment specified in R7-6-246 for delivery of practical instruction in science.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-246 Equipment List for Science Facilities

A. A school facility with students in grades nine through 12 shall have the following science-facility fixtures and equipment:

One demonstration table with non-corrosive surface per 250 students;

2. Six laboratory stations with a non-corrosive surface per 250 students;

3. One fume hood;

4. One chemical storage unit per 1,000 students;

5. One eyewash or safety shower station per 250 students;

Access to one microscope per 25 students, minimum of 12 microscopes or the number equal to one-half the number of students in grades nine through 12 divided by 25, whichever is fewer; and

7. One refrigerator.

B. A school facility with students in grades five through 12 shall have the following science-facility fixtures and equipment:

1. One sink per 250 students;

2. Access to one microscope per 25 students, minimum of 12 microscopes or the number equal to one-half the number of students in grades five through 12 divided by 25, whichever is fewer; and

3. One balance per 250 students.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-247 Arts Facilities; Career and Technical Education Facilities

A. A school facility with students in grades seven through 12 shall have space to deliver art education programs, including visual, music, and performing arts, and career and technical education programs.

B. A school facility with students in grades seven through 12 shall have four square feet per student of space for art education and/or career and technical education. The space shall not be smaller than the average classroom at the facility and may be used for other instruction when not needed for instruction in the arts or career and technical education.

C. A school facility with students in kindergarten through sixth grade may deliver art education in the classroom square footage specified in R7-6-210 . Education in performing arts may be delivered to students in kindergarten through sixth grade in spaces such as a multiuse space, gymnasium, or cafeteria.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-248 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-249 Physical Education and Comprehensive Health Program Facilities

A. A school facility shall have classroom square footage for indoor physical education activity and a comprehensive health program established in compliance with the academic standards prescribed by the State Board of Education.

B. The indoor classroom square footage available for physical education activity shall be:

1. For a school facility designed to serve no more than 50 students: at least 1,600 square feet in a single space;

2. For a school facility designed to serve 51 to 125 students: at least 2,600 square feet in a single space;

3. For a school facility designed to serve 126 to 600 students: at least 5,100 square feet, of which at least 2,600 square feet is in a single space; and

For a school facility designed to serve more than 600 students: at least 7,500 square feet, which may include space that also serves as a cafeteria.

C. The classroom square footage designated in subsection (B) may have more than one function including the comprehensive health program.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-250 Equipment List for Physical Education Activity

A. A school facility shall have one hardscape equivalent in size to an outdoor basketball court per 300 students to a maximum of three hardscapes.

2. B. A school facility with students in grades seven through 12 shall have a sports field appropriate for softball, hardball, football, track, soccer, or other sports.

B. Concrete shall be used when installing basketball courts.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-251 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Repealed by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-252 Reserved

Ariz. Admin. Code § R7-6-253 Reserved

Ariz. Admin. Code § R7-6-254 Reserved

Ariz. Admin. Code § R7-6-255 Parent Work Space

A. If parents are invited to assist with school activities, a school facility shall include a work space large enough to accommodate the number of parents expected to assist with school activities at one time.

B. The parent work space may be in multiple locations throughout the school facility and may have more than one function.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-256 Two-way Internal Communication System

A school facility shall have a two-way internal communication system, such as a telephone between a central location and each general and specialty classroom, the learning and technology center, and the cafeteria.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-257 Fire Alarm

A school facility shall have a fire alarm system as required by the State Fire Marshal.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-258 Administrative Space

A. A school facility shall have space for use by the administration of the school facility. For the school administrator, 150 designated square feet is required. For general administrative purposes, a space between 150 square feet and 1.5 square feet per student, as reasonable for the size of the anticipated student body, is required.

B. A school facility shall have a dedicated space in which to isolate a sick student from the other students. This space shall be accessible to a restroom and large enough to accommodate one cot per 200 students, with a maximum of four cots.

C. A school facility shall have work space available to the faculty that is in addition to any work space in or near a classroom. A space between 150 square feet and one square foot per student, as reasonable for the size of the anticipated student body, is required. The faculty work space may be in multiple locations throughout the school facility and may have more than one function.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-259 Reserved

Ariz. Admin. Code § R7-6-260 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-261 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Repealed by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-262 Reserved

Ariz. Admin. Code § R7-6-263 Reserved

Ariz. Admin. Code § R7-6-264 Reserved

Ariz. Admin. Code § R7-6-265 Building Systems

A. As required under A.R.S. § 41-5702(L), building systems in a school facility shall be in working order and properly maintained. A building system is considered to be in working order and being maintained if:

1. The system is operated as intended;

2. The system is maintained according to manufacturer's instructions;

3. Newly manufactured or refurbished replacement parts are available;

4. The remaining life expectancy of the system is at least three years;

5.4. The system supports the gross square footage of the school facility; and

6.5. Components of the system present no imminent danger of personal injury.

B. Building systems required under A.R.S. § 41-5702(L) to be in working order and maintained include but are not limited to: roof, plumbing, telephone, electrical, and HVAC systems. Additionally, under this Chapter, building systems including but not limited to the following shall be in working order and properly maintained: fire alarm, two-way internal communication, network cabling, and security systems.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-266 Reserved

Ariz. Admin. Code § R7-6-267 Reserved

Ariz. Admin. Code § R7-6-268 Reserved

Ariz. Admin. Code § R7-6-269 Reserved

Ariz. Admin. Code § R7-6-270 Building Structural Soundness

As required under A.R.S. § 41-5711(B)(4), all buildings of a school facility shall be structurally sound. A building of a school facility is considered structurally sound if the building passes a structural assessment performed by a professional engineer.

1. Presents no imminent danger of personal harm,

2. Has no visible signs of major decay or distress, and

3. Appears to have at least three years of remaining life expectancy.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-271 Exterior Envelope, Interior Surfaces, and Interior Finishes

The exterior envelope, interior surfaces, and interior finishes of a school facility shall be safe and capable of being maintained.

1. An exterior envelope is safe and capable of being maintained if:

a. Walls and roof are constructed of materials requiring minimal maintenance, including painting;

b. Walls, roof, doors, and windows are weather tight under normal conditions with routine upkeep; and

c. The building structural systems support the loads imposed on them.

2. An interior surface is safe and capable of being maintained if it is:

a. Structurally sound;

b. Capable of supporting a finish; and

c. Capable of continuing in its intended use with normal maintenance and repair.

3. An interior finish is safe and capable of being maintained if it is:

a. Free of exposed lead paint;

b. Free of friable asbestos; and

c. Capable of continuing in its intended use with normal maintenance and repair.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020. Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-272 Reserved

Ariz. Admin. Code § R7-6-273 Reserved

Ariz. Admin. Code § R7-6-274 Reserved

Ariz. Admin. Code § R7-6-275 Minimum Gross Square Footage

Each school district shall have sufficient school facilities, which comply with minimum school facility guidelines established in this Article, to meet the minimum adequate gross square footage requirements for the district as determined by law.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-276 Assessment of Minimum Gross Square Footage

A. Computation of the gross square footage of a school facility may be by measurement or by calculation based on architectural plan documents.

B. The gross square footage of a school facility equals all space within the facility excluding space used for district administrative purposes.

C. The gross square footage of a district shall equal the sum of the gross square footage of each school facility in the district.

D. The minimum gross square footage of a district equals the sum of the products of the students in each grade or program for preschool children with disabilities or kindergarten multiplied by the minimum adequate gross square footage requirements per student, applicable to the district for such grade or program.

E. For the purpose of assessment of minimum gross square footage, the number of students in all grades and kindergarten shall be evenly distributed across all grades and kindergarten served by the district.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-277 Reserved

Ariz. Admin. Code § R7-6-278 Reserved

Ariz. Admin. Code § R7-6-279 Reserved

Ariz. Admin. Code § R7-6-280 Expired

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 3252, effective June 30, 2005 (05-3).

Ariz. Admin. Code § R7-6-281 Reserved

Ariz. Admin. Code § R7-6-282 Reserved

Ariz. Admin. Code § R7-6-283 Reserved

Ariz. Admin. Code § R7-6-284 Reserved

Ariz. Admin. Code § R7-6-285 Guidelines Exception

The Board may grant an exception from any of the guidelines in this Chapter. To obtain an exception, the governing board of the school district shall submit a written request to the Board. The Board shall grant an exception if it determines the intent of the guideline is capable of being met by the school district in an alternative manner. If the Board grants the exception, the Board shall deem the school district meets the guideline and is not eligible for state funding to meet the guideline.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Article 3 SQUARE FOOTAGE CALCULATIONS

Ariz. Admin. Code § R7-6-301 Square Footage Calculations

A. A school district may use Class A bonds to supplement any project funded by the Board under A.R.S. § 41-5741. under A.R.S. § 41-5702(H), when a school district adds square footage to the district through the construction of a new school facility using Class A bonds, the Board shall not provide funding to supplement construction of the new school facility.

B. When a school district adds square footage to the district through the construction of a new school facility using Class B bonds or other funds, the Board shall not include the square footage of the new school facility in the net square footage of the school district for determining need for additional square footage under A.R.S. § § 41-5711 and 41-5741.

C. When a school district adds square footage to the district through the construction of a new school facility using Class A bonds, the Board shall include the square footage of the new school facility in the net square footage of the school district for determining need for additional square footage under A.R.S. § § 41-5711 and 41-5741.

D. If a school district uses Class B bonds and/or other funds to add or replace square footage at existing school facilities, the Board shall treat the additional square footage or replacement square footage as follows:

1. If square footage is added to an existing school facility using Class B bonds or other funds, the Board will not include the additional square footage in determining minimum adequate square footage under A.R.S. § 41-5711(C), but the Board will include the additional square footage in determining adequacy of the functional components of the school facility as specified in Article 2.

2. A school district that both removes and adds square footage with the use of Class B bonds or unrestricted capital outlay monies shall not have the net additional square footage, included in the determination of minimum adequate square footage pursuant to A.R.S. § 15-2011(C), but the School Facilities Board shall consider the net additional square footage for purposes of determining adequacy of the functional components of the school as specified in the Minimum School Facilities Guidelines set forth in R7-6-201 through R7-6-285

3. For purposes of calculating building renewal pursuant to A.R.S. § 15-2031, replacement square footage constructed with Class B bonds or unrestricted capital outlay monies shall be included, but net additional square footage shall be excluded.

4.2. If a portion of the square footage at an existing school facility is replaced using Class B bonds or other funds, the Board will determine the student capacity of the completed school facility in the same manner as student capacity would have been determined before the replacement. If Class B bonds or other funds are used to construct a complete replacement school facility, the Board will determine the student capacity of the completed school facility based on the provisions of A.R.S. § 41-5711(C).

5.3. For purposes of this Section, replacement square footage means square footage constructed with Class B bonds or other funds that replaces existing square footage.

E. If square footage is added to or replaced at an existing school facility using Class A bonds, the school district shall determine the student capacity of the facility after the project is completed using the same procedure the school district would have used before the addition or replacement.

F. The method of computing the funding and square footage for any expansion of a core facility previously funded by the School Facilities Board shall follow the same method that was used for computing the original core facility.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-302 Modification of Square Footage for Geographic Factors

A. The Board shall provide additional school facility square footage to a school district that has 100 or more students who:

1. Are transported one hour or more using the most reasonable and direct route; or

2. Live 45 miles or more from the closest school using the most reasonable and direct route.

B. If the Board provides additional school facility square footage under subsection (A), the Board shall make a conscientious effort to meet the Minimum Adequacy Guidelines without requiring an extraordinary expenditure of public funds.

B. C. If an elementary school district that is not in a high school district unifies after June 30, 2005, the resulting unified school district may qualify for high school square footage under A.R.S. § 41-5741 if it meets the following criteria:

1. The elementary school district unifies after June 30, 2005; and

2.1. The resulting unified school district is projected to have more than 350 resident high school students being served by one or more school districts other than the students' resident school district within three years following the current fiscal year; and

3.2. One of the following is true:

a. At least 350 of the high school students in the unified school district would travel 20 miles or more to A receiving high school facility; or

b. The receiving high school district is projected to need additional high school square footage within seven years. For purposes of this analysis, the projected average daily membership of the receiving high school district includes the high school students of both the receiving and sending school districts.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 12 A.A.R. 3988, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-303 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-304 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-305 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-306 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code §§ R7-6-307 through R7-6-320 Reserved

Ariz. Admin. Code § R7-6-321 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 4 EXPIRED

Ariz. Admin. Code § R7-6-401 Expired

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 3252, effective June 30, 2005 (05-3).

Article 5 NEW SCHOOL FACILITY AND LAND FUNDING

Ariz. Admin. Code § R7-6-501 Capital Plans

If a school district's capital plan, developed under A.R.S. § 41-5741, indicates the school district will need a new school facility or an addition to an existing school facility within the next four years or land within the next 10 years, the school district shall complete the capital plan packet issued by the Board and return the completed packet to the Board by the deadline prescribed under A.R.S. § 41-5741.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-502 Funding for New School Facilities or Additional Square Footage

A. The Board shall prepare a New Construction Analysis for a school district that requests funding for additional square footage under the capital plan submitted under R7-6-501 . The Board shall review the data submitted by the school district to determine student capacity of the school district, district student population projections, and existing square footage in the district. The Board shall provide a copy of the New Construction Analysis to the applicable school district.

B. If a school district proposes to locate a new school facility in territory in the vicinity of an airport, as defined in A.R.S. § 28-8461, the Board shall provide notice to the airport of the proposed new school facility and seek comments and analysis concerning whether the high noise or accident potential associated with airport operations is compatible with the proposed school facility and public health and safety. The Board shall consider the comments and analysis provided by the airport before deciding whether to fund the new school facility.

C. At an open meeting and after reviewing the New Construction Analysis prepared under subsection (A) and hearing from members of the applicable school district, the Board shall decide the number of square feet and students to be funded for the district, the funding per square foot approved by the legislature, and the total budget based on the funding per square foot.

D. After a school district signs the Terms and Conditions for New School Funding, the Board may make five percent of the funds approved available for architectural and engineering fees. The school district is responsible for deciding the actual amount spent on architectural and engineering fees.

E. A school district that is approved for funding for additional square footage shall proceed with the design development plan and specifications for the project. The school district shall submit to the Board one or more copies of the proposed drawings, specifications, schematic design, and budget estimates. The school district shall ensure all elements of new construction, excluding land acquisition, are included in the estimated budget. These elements include, but are not limited to:

1. Architectural and engineering fees;

2. Surveying, testing, obtaining permits, advertising, and printing;

3. Construction costs;

4. Furniture, fixtures, and equipment;

5. Any necessary project management; and

6. A three percent contingency amount to ensure the completed project meets all Minimum Adequacy Guidelines.

F. If the school district includes reasonable upgrades to the new construction project for energy conservation purposes, the Board shall provide funding upgrades above the formula based award to cover the full amount of the upgrade. Upgrades will only be funded if the upgrade receives pre-approval by the Board staff and the school district architect or engineer certifies that the upgrade will provide dollar savings in excess of the cost of the upgrade within an eight-year period.

G. F. After reviewing the materials submitted under subsection (E), the Board shall decide whether to authorize the school district to proceed with construction of the additional square footage. The Board shall base the decision on whether the project is within the original scope and Board approval, the project meets the Minimum Adequacy Guidelines, initial comments from the local building authority and whether revised student population projections continue to justify the additional square footage. If the Board authorizes the school district to proceed, the school district may initiate construction. If the Board determines a project is outside of the original scope and /or Board approval or does not meet the Minimum Adequacy Guidelines, the Board may instruct the school district to resubmit under subsection (E) or make an alternative decision. Other funds may be used by the school district in conjunction with the Board approved funding.

H. Upon receipt of bids by the school district, the Executive Director shall authorize the district to proceed with the contract if the school district has documented that it has obtained local (city, county or equivalent) building department approval, and the bid is within the original scope and Board approved budget, and meets the building adequacy standards. The Executive Director may make an alternative recommendation to the full Board.

I. The Board-approved funding for additional square footage shall be available to the school district for one year from the date of notification. The bid process shall be completed within the one-year period. The Board shall consider requests for an extension beyond the one year and may grant an extension for good reason.

J. G. The Board may modify or waive the requirements of this Section for good cause.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-503 Funding for Land

A. A school district that is approved for funding of a new school facility under R7-6-502, may ask the Board to provide funding to purchase land on which to locate the new school facility.

B. The Board follows a three-step process, as described in subsections (C) through (E), before recommending whether to authorize funding to purchase land for construction of a new school facility. The Director may deviate from the three-step process to meet circumstances such as purchasing state-owned or condemned land. The Director shall bring a recommendation regarding funding to purchase land to the full Board.

B. C. Step One, justification of the need for land for construction of a new school facility: If a school district currently owns land, the school district shall include in the justification;

1. A list of all land parcels currently owned by the school district;

2. The size and location of each district-owned land parcel; and

Why each district-owned land parcel is not suitable for the needed new school facility.

C. D. Step Two, request to purchase a specific land site:

1. A school district that requests to purchase a specific land site for construction of a new school facility shall provide the following to the Board:

a. A map of the school district showing current school facilities and, for each school facility, the projected student population, grade levels served, and attendance boundaries;

b. A description the land site selection process;

c. An explanation of why the land site requested was chosen over alternative sites;

d. A summary of any joint-use provisions or other intergovernmental agreements related to the land site requested; and

e. The legal description, size, and estimated cost of the requested land site. If the size of the requested land site is outside the range of acreage table approved by the Board, the school district shall justify the deviation.

2. The Board shall review the information submitted under subsection (D)(1) and either authorize or deny authorization for the school district to proceed to perform due diligence regarding the land site the school district proposes to purchase.

3.E. Step Three, due diligence regarding the specific land site:

1. A school district that needs funds to verify, gather, and submit the information required under subsection (E)(2) shall submit a cost estimate to the Board and the Board shall approve or disapprove the request to a maximum of $30,000. The Board shall deduct any funds advanced to a school district to verify, gather, and submit the information required under subsection (E)(2) from the final amount authorized, if any. Rather than allocating funds to the school district to verify, gather, and submit information required under subsection (E)(2), the Board may contract and pay directly for the services.

D. 2. A school district authorized under subsection (D)(2) to perform due diligence regarding the land site the school district proposes to purchase shall submit the following information to the Board:

1.a. Two appraisals of the land that show the proposed cost of the land site is at or below the fair market value;

2.b. Legal description of the land site;

3.c. Phase one environmental assessment completed within the last 180 days, plus the following factors (if not included):

a.i. Hazardous materials,

b.ii. Archaeology,

c.iii. Endangered flora and fauna,

d.iv. Noise,

e.v. Soil conditions, and

f.vi. Identity of adjacent land owners and/or uses;

4.d. American Land Title Association and topographical survey;

5.e. Drainage statement;

6.f. Estimate of land-site development cost;

7.g. Photographic survey (if required by applicable planning and zoning departments); and

8.h. Site feasibility diagram-conceptual study developed by a design professional that shows the proposed development of the land site. The site feasibility diagram shall include:

a.i. Property lines and measurements;

b.ii. Setbacks, right-of-ways, and easements;

c.iii. Vehicular access and parking;

d.iv. Pedestrian and bicycle access;

e.v. Building zone ;

f.vi. Drainage concept ;

g.vii. Utility routes or systems;

h.viii. Activity fields and courts;

i.ix. Limit-lines and calculation of usable area;

j.x. Existing features to be demolished or preserved; and

k.xi. Future expansion capability.

After reviewing the information provided by the school district under subsection (E)(2), the Board shall prepare a recommendation for the Division regarding whether to authorize purchase of the requested land site. The Board shall include in the recommendation the cost of the land site and applicable closing costs.

4. If the Division decides to authorize purchase of the requested land site, the Division shall request a funding appropriation from the legislature.

E. F. Final distribution. If the legislature appropriates funding for purchase of the requested land site, the school district shall submit a written funding request to the Division. The Director shall make final distribution of funds to the school district.

G. Additional matters.

1. A school district that receives funds under subsection (E)(1) shall provide documentation to the Board of the actual expenditures from the funds after the final distribution.

2. A school district that receives funding under subsection (F) shall provide documentation to the Board of actual closing costs after the final distribution.

3. If completion of due diligence reveals a serious problem with the proposed site or if the actual cost of the requested site exceeds the amount approved by the Board, the school district may repeat the three-step process for a new site.

F. H. The Board may modify or waive the requirements of this Section for good cause.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-504 Donations of Real Property

A. If a school district wishes to receive funding to enable the school district to accept a donation of real property, as authorized under A.R.S. § 41-5741, the school district shall complete and submit to the Board a form that is available on the Board's website and provide information regarding the real property to be donated. If the school district lacks some of the required information and needs funds to verify, gather, and submit the missing information, the school board shall submit a request for the estimated amount to obtain the missing information at the same time the school board submits the available information.

B. At an open meeting and after reviewing the information submitted under subsection (A) and hearing from members of the applicable school district, the Board shall make a decision regarding funding to accept the donation of real property. Before the meeting, the analysis and recommendation of the Board shall be available to Board members and the school district.

C. If the Board approves awarding the school district funds necessary to obtain all required information, the Board shall notify the school district. If the school district accepts the award, the school district may proceed to gather the required information. When the required information is submitted to the Board, the Board shall follow the procedures in subsection (B).

D. If the Board approves funding to enable a school district to accept A donation of real property, the Board shall notify the school district. The school district shall submit to the Board documentation that the governing board accepted donation of the real property and the property title was transferred to the school district. When this documentation is received, the Board shall direct the Division, under A.R.S. § 41-5741(F), to distribute to the school district 20 percent of the fair-market value of the portion of donated property usable for academic purposes.

E. If funds were distributed to a school district under subsection (C) the Board shall make an adjustment for the actual cost at the time of the final distribution. The school district shall provide documentation to the Board of the actual expenditures from the funds provided. An expenditure exceeding $30,000 requires advance approval by the Board.

F. In conducting the analysis under subsection (B) to determine whether real property proposed for donation is appropriate as a school facility site or a school facility, the Board shall consider the following:

Location of the real property proposed for donation;

2. School district need for additional square footage to accommodate student capacity;

3. School district need for additional land for a school facility;

4. Usable acres in the proposed donation, taking into consideration the Board's approved range of acreage table;

5. Whether the proposed site donation can accommodate a school facility that meets the minimum adequacy guidelines or whether a proposed facility donation can be developed into a school facility that meets the minimum adequacy guidelines;

6. Estimated development costs;

7. Age and condition of a facility donation; and

8. Portion of the real property that can be used for academic purposes.

G. If the School Facilities Board Staff recommendation is to authorize the district to accept the donation, the Staff shall prepare a recommended 20 percent distribution amount. The 20 percent distribution recommendation will be based on the fair market value of the real property proposed for donation that is usable for academic purposes.

H. G. The Board may waive or modify the requirements of this Section for good cause.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-505 Constructing Bond-funded School Facilities on Land Funded by the Board

A. A school district that acquires land by sale or lease under A.R.S. § 41-5741 may construct a new school facility on purchased or leased land using Class A bonds. The Board will include the square footage of the new school facility in the gross square footage of the school district to determine whether additional square footage or building renewal distributions are needed.

B. A school district that acquires land by sale or lease under A.R.S. § 41-5741 may construct a school facility on the purchased or leased land using Class B bonds If the school district acknowledges in writing that when the school district qualifies for a new school facility funded by the Board, the Board shall not provide funding to lease or purchase an additional site for the school facility. The Board will not include the square footage of A new school facility constructed with Class B bonds in the gross square footage of the school district to determine whether additional square footage or building renewal distributions are needed.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-506 Providing Technical Assistance in the Form of Project Management

A. A school district that does not have the experience or resources to manage successfully construction of a new school facility may request technical support from the Board under A.R.S. § 41-5702(D)(13) in the form of project management.

B. The Director may approve or deny a request made under subsection (A). If the Director:

Denies the request, the school district may appeal the decision to the Board; and

2. Approves the request, the school district shall agree to reimburse the Board from allocated funds the cost of any independent contractors the Board uses to provide the project-management technical assistance.

C. The Board shall ensure the cost of project-management technical assistance, if needed, is included in the overall cost of the new school facility and derived from the total allocation made by the Board for construction of the new school facility. If the funds the school district receives under A.R.S. § 41-5741 satisfy both the base cost of the new school facility and the cost of project-management technical assistance, the Board shall not provide additional funds to the school district for project-management technical assistance.

D. If the school district's request for project management services is approved, the school district shall agree to reimburse the Board from its allocated funds for the cost of any independent contractors that the Board uses to provide the project management services.

E. D. The Board may provide A school district with funds to pay for the project-management technical assistance in addition to the funds the school district receives under A.R.S. § 41-5741 if:

1. The school district demonstrates the funds it receives under A.R.S. § 41-5741 are not sufficient to build a school facility that meets the building adequacy guidelines and pay for project management; and

2. The school district demonstrates in writing to the Board's satisfaction that the school district does not have the experience or resources necessary to complete construction of the new school facility successfully.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Ariz. Admin. Code § R7-6-507 Reserved

Ariz. Admin. Code § R7-6-508 Reserved

Ariz. Admin. Code § R7-6-509 Reserved

Ariz. Admin. Code § R7-6-510 Reserved

Ariz. Admin. Code § R7-6-511 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 6 [Repealed]

Ariz. Admin. Code § R7-6-601 [Repealed]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final rulemaking at 28 A.A.R. 3939, effective 2/5/2023.

Article 7 MINIMUM SCHOOL FACILITY GUIDELINES FOR THE ARIZONA STATE SCHOOLS FOR THE DEAF AND BLIND

Ariz. Admin. Code § R7-6-701 Application

A. The provisions of Article 2 apply to the Arizona State Schools for the Deaf and Blind (ASDB), created under A.R.S. Title 15, Chapter 11, except as specified in this Article.

B. When a provision of Article 2 refers to a school district, the reference shall be interpreted to mean the ASDB governing board.

C. If there is a conflict between a provision of this Chapter and a student's IEP, the IEP controls.

D. Board funding for ASDB projects is subject to legislative authorization.

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-702 Reserved

Ariz. Admin. Code § R7-6-703 Reserved

Ariz. Admin. Code § R7-6-704 Reserved

Ariz. Admin. Code § R7-6-705 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-706 Reserved

Ariz. Admin. Code § R7-6-707 Reserved

Ariz. Admin. Code § R7-6-708 Reserved

Ariz. Admin. Code § R7-6-709 Reserved

Ariz. Admin. Code § R7-6-710 Classroom Square Footage Requirements for the ASDB

A. To accommodate the needs of ASDB students, the classroom square footage requirements of the ASDB differ from those of other school facilities as follows.

B. Minimum cumulative classroom square footage:

1. For preschool students with disabilities through kindergarten: 150 square feet per student; and

2. For grades one through 12: 100 square feet per student.

B. C. Learning and technology center:

1. For an elementary school facility that serves at least 150 students, the greater of 1000 square feet or the square footage equal to 325 square feet per student for 10 percent of the student body; and

2. For a middle or junior high or high school facility that serves at least 150 students, the greater of 1200 square feet or the square footage equal to 275 square feet per student for 10 percent of the student body.

C. D. Multiuse space capable of being used for student assembly:

1. Large enough to accommodate one-half of the student body plus parents and staff,

2. The same size or larger than an average classroom at the ASDB, and

3. At least 50 square feet multiplied by one-third of the student body in addition to the square footage of open aisle and exiting path space.

D. E. Science facilities:

1. For grades five through eight, no classroom square footage is required other than as specified in R7-6-710 ; and

2. For grades nine through 12, 10 square feet per student is required for practical instruction in science.

E. F. Art facilities: For students in grades seven through 12, 10 square feet per student is required for art education.

F. G. Career and technical education facilities: For students in grades seven through 12, 40 square feet per student is required for career and technical education programs.

G. H. Physical education and comprehensive health program facilities: 125 square feet per student of indoor space is required for physical education and comprehensive health programs.

H. I. The spaces designated under subsections (C) through (H) shall not be smaller than the average classroom at the ASDB.

I. J. The spaces designated under subsections (E) through (H) shall not be:

1. Included in the classroom square footage requirement; or

Used for instruction other than the specialty instruction specified.

J. The square footage of a general classroom is not counted as specialty classroom square footage.

K. The square footage of a specialty classroom is not counted as general classroom square footage.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-711 Classroom Fixtures and Equipment

A. Each general and specialty classroom of the ASDB shall contain:

1. Two work surfaces and seating for each student. The work surfaces and seat shall accommodate the special needs of a student who is deaf, blind, or has multiple disabilities; and

1. Safe; and

2. One work surface and seat for the teacher and any other individual regularly assigned to the classroom.

B. The ASDB shall provide the equipment and supplies necessary to meet the IEP of all students.

C. Each general and specialty classroom shall have storage for classroom materials or access to conveniently located storage.

D. Each general and specialty classroom shall have a work surface and seat for the teacher and for the aid assigned to the classroom and secure storage for student records, that is located in the classroom or is convenient to access from the classroom.

E. Each classroom shall have the following equipment to facilitate instruction to deaf/hard of hearing students:

1. TTY

2. Accessible computer with Internet access and printer

3. Television with built-in captioned and videocassette recorder.

4. Loop systems for auditory access.

5. Sound field amplification system.

6. Overhead projector.

F. Each classroom shall have the following equipment to facilitate instruction to blind/visually impaired students:

1. One CCTV.

2. One listening station.

3. Two Braille n' Speaks.

4. Two Braille writers.

5. Slantboards.

6. Fully accessible computer station with Braille printer.

7. Tables to accommodate Braille writers and Braille books simultaneously.

8. Shelving for Braille materials, low vision aids/equipment.

9. Auditory electronic dictionaries and calculators.

10. Cane racks.

11. Television monitor with a video cassette recorder.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-712 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-713 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-714 Classroom Acoustics

A. The sustained background sound level of the learning and technology center, multiuse space, and each general, science, and art classroom of the ASDB shall be less than 35 decibels.

B. The sound level shall be measured at a work surface in the approximate center of the room, under normal conditions.

C. A random sample of 10 percent of all rooms in each building subject to this requirement shall be measured to determine the room sound level for the school facility.

D. For purposes of this Section, all portable or modular buildings located at a school facility that were manufactured in the same year and installed at the school facility at the same time are considered a single building.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-715 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-716 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-717 Reserved

Ariz. Admin. Code § R7-6-718 Reserved

Ariz. Admin. Code § R7-6-719 Reserved

Ariz. Admin. Code § R7-6-720 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-721 Equipment for Learning and Technology Center

A. The learning and technology center of each ASDB campus shall have equipment defined in each student's IEP or as defined in R7-6-221, as appropriate.

1. Twelve linear feet of library book shelves per blind student and two linear feet of library book shelves per deaf student;

2. One work surface for every 40 students;

3. One seat for every eight students;

4. Two TV's/VCR's;

5. One overhead projector;

6. One accessible computer station with Internet access for every 25 students;

7. One Braille printer;

8. Ten books per students;

9. One almanac (may be electronic or hard copy);

10 One encyclopedia set per 200 students (may be electronic or hard copy);

11. One atlas (may be electronic or hard copy);

12. One unabridged dictionary (may be electronic or hard copy); and

13. At least one set of each of the books listed in subsections (9) through (12) of this Section shall be accessible to blind students.

B. Each almanac, encyclopedia and atlas shall have a publication date of 2000 or later.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-722 Reserved

Ariz. Admin. Code § R7-6-723 Reserved

Ariz. Admin. Code § R7-6-724 Reserved

Ariz. Admin. Code § R7-6-725 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-726 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-727 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-728 Reserved

Ariz. Admin. Code § R7-6-729 Reserved

Ariz. Admin. Code § R7-6-730 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-731 Reserved

Ariz. Admin. Code § R7-6-732 Reserved

Ariz. Admin. Code § R7-6-733 Reserved

Ariz. Admin. Code § R7-6-734 Reserved

Ariz. Admin. Code § R7-6-735 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-736 Reserved

Ariz. Admin. Code § R7-6-737 Reserved

Ariz. Admin. Code § R7-6-738 Reserved

Ariz. Admin. Code § R7-6-739 Reserved

Ariz. Admin. Code § R7-6-740 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-741 Reserved

Ariz. Admin. Code § R7-6-742 Reserved

Ariz. Admin. Code § R7-6-743 Reserved

Ariz. Admin. Code § R7-6-744 Reserved

Ariz. Admin. Code § R7-6-745 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-746 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-747 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-748 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-749 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-750 Equipment List for Physical Education

A. A school facility shall have

1. one hardscape equivalent in size to an outdoor basketball court per 300 students to a maximum of three hardscapes.

2. Exterior to the building, one baseball/softball backstop.

B. Concrete shall be used when installing basketball courts.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-751 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-752 Reserved

Ariz. Admin. Code § R7-6-753 Reserved

Ariz. Admin. Code § R7-6-754 Reserved

Ariz. Admin. Code § R7-6-755 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-756 Two-way Internal Communication System

A school facility shall have a two-way internal communication system between a central location and each general and specialty classroom, the learning and technology center, and the cafeteria. The internal communication system shall have both audio and video capabilities.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-757 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-758 Administrative Space

A. A school facility shall have space for use by the administration of the school. For the school administrator, 150 designated square feet is required. For general administrative purposes, a space between 150 square feet and 7.5 square feet per student, as reasonable for the size of the anticipated student body, is required.

B. A school facility shall have a dedicated space in which to isolate a sick student from the other students. This space shall be accessible to a restroom and large enough to accommodate one cot per 50 students, with a maximum of eight cots.

C. A school facility shall have work space available to the faculty that is in addition to any work space in or near a classroom. A space between 150 square feet and one square foot per student, as reasonable for the size of the anticipated student body, is required. The faculty work space may be in multiple locations throughout the school facility and may have more than one function.

D. A 9,500 square foot facility used for the administration of the Arizona School for the Deaf and Blind shall also be available.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-759 Reserved

Ariz. Admin. Code § R7-6-760 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-761 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-762 Reserved

Ariz. Admin. Code § R7-6-763 Reserved

Ariz. Admin. Code § R7-6-764 Reserved

Ariz. Admin. Code § R7-6-765 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-766 Reserved

Ariz. Admin. Code § R7-6-767 Reserved

Ariz. Admin. Code § R7-6-768 Reserved

Ariz. Admin. Code § R7-6-769 Reserved

Ariz. Admin. Code § R7-6-770 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-771 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-772 Reserved

Ariz. Admin. Code § R7-6-773 Reserved

Ariz. Admin. Code § R7-6-774 Reserved

Ariz. Admin. Code § R7-6-775 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-776 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-777 Reserved

Ariz. Admin. Code § R7-6-778 Reserved

Ariz. Admin. Code § R7-6-779 Reserved

Ariz. Admin. Code § R7-6-780 Student Boarding Space

Each ASDB campus shall provide safe and sanitary boarding for resident ASDB students as follows:

A student dormitory consisting of a shared living area and kitchen and a bedroom for each student in kindergarten through grade 12. The student dormitory shall provide at least 400 square feet of space per student, and

A bedroom for each Resource housing at a ratio of 150 square feet per occupant,

3. One live-in assistant housing (apartment) for every eight resident students at a ratio of 500 square feet per live-in assistant.

4. One laundry room for every student dormitory. The laundry room shall provide at least 100 square feet of space for every eight resident students.

5. All independent living dormitory space shall be constructed with 300 square feet per student with no fewer than two students per dormitory.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-781 Facility Requirements for ASDB Programs

A. Each ASDB campus shall provide the following minimum square footage of space to support the ASDB program specified:

Audiology program. Five square feet per deaf student and one square foot per blind student;

2. Auditory training and speech therapy program. Three square feet per deaf student and one square foot per blind student;

Low-vision program. Three square feet per student;

4. Occupational and physical therapy program. Five square feet per student with a minimum of 1,500 square feet; and

5. Orientation and mobility program. Six square feet per blind student.

B. Each ASDB campus shall provide minimum facilities required to support ASDB auditory training and speech therapy program requirements at a ratio of three square feet per deaf student and one square foot per blind student.

C. Each ASDB campus shall provide minimum facilities required to support ASDB low vision program requirements at a ratio of three square feet per student.

D. Each ASDB campus shall provide minimum facilities required to support ASDB occupational and physical therapy program requirements at a ratio of five square feet per student with a minimum of 1,500 square feet.

E. Each ASDB campus shall provide minimum facilities required to support ASDB orientation and mobility program requirements at a ratio of six square feet per blind student.

F. Each ASDB campus shall provide a distance learning classroom required to support ASDB program requirements. This facility shall be at a minimum a 600 square foot separate/dedicated space for teaching to satellite, remote, and shared schools.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-782 Student Health Center

Each ASDB boarding campus shall have space for a student health center. The student health center shall have at least 13 square feet of space per student.

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-783 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Ariz. Admin. Code § R7-6-784 Reserved

Ariz. Admin. Code § R7-6-785 Expired

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 3252, effective June 30, 2005 (05-3).

Ariz. Admin. Code § R7-6-786 Reserved

Ariz. Admin. Code § R7-6-787 Reserved

Ariz. Admin. Code § R7-6-788 Reserved

Ariz. Admin. Code § R7-6-789 Reserved

Ariz. Admin. Code § R7-6-790 [Repealed]

History

• New Section made by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4). Repealed by final expedited rulemaking at 26 A.A.R. 2963, effective 11/3/2020.

Article 8 REPEALED

Ariz. Admin. Code § R7-6-801 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 9 REPEALED

Ariz. Admin. Code § R7-6-901 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code §§ R7-6-902 through R7-6-910 Reserved

Ariz. Admin. Code § R7-6-911 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code §§ R7-6-912 through R7-6-920 Reserved

Ariz. Admin. Code § R7-6-921 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code §§ R7-6-922 through R7-6-930 Reserved

Ariz. Admin. Code § R7-6-931 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code §§ R7-6-932 through R7-6-940 Reserved

Ariz. Admin. Code § R7-6-941 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 10 REPEALED

Ariz. Admin. Code § R7-6-1001 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-1002 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-1003 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-1004 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 11 REPEALED

Ariz. Admin. Code § R7-6-1101 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 12 REPEALED

Ariz. Admin. Code § R7-6-1201 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 13 REPEALED

Ariz. Admin. Code § R7-6-1301 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-1302 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 14 REPEALED

Ariz. Admin. Code § R7-6-1401 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R7-6-1402 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 15 REPEALED

Ariz. Admin. Code § R7-6-1501 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Article 16 REPEALED

Ariz. Admin. Code § R7-6-1601 [REPEALED]

History

• Adopted by exempt rulemaking at 6 A.A.R. 917, effective April 30, 1999, filed in the Office of the Secretary of State January 13, 2000 (Supp. 00-1). Section repealed by exempt rulemaking at 8 A.A.R. 287, effective June 7, 2001 (Supp. 01-4).

Chapter 8 ACHIEVEMENT DISTRICT SCHOOLS

Article 1 ACHIEVEMENT DISTRICT SCHOOL QUALIFICATIONS

Ariz. Admin. Code § R7-8-101 Achievement District Schools

A. Authority. This rule is adopted pursuant to A.R.S. § 15-2153(B)(9).

B. Purpose. The purpose of this rule is to implement the legislative intent, as expressed in Chapter 129, Laws of 2016, to administer the Achievement District Schools program.

C. Scope.

The scope of this Rule is the scope of A.R.S. Title 15, chapter 16, article 10 as it relates to Achievement District Schools. This rule is applicable to any district public school or charter public school operating in the State of Arizona that seeks qualification as an Achievement District School.

2. The statutory authority for this rule, A.R.S. Title 15, chapter 16, article 10, does not provide for exemptions therefrom for person or agents of persons subject thereto, and no such exemption is intended or should be presumed by this rule or any provision thereof.

D. Repeal. This rule does not repeal any known prior rule, memorandum, bulletin, directive or opinion on this subject matter. If such prior rule or directive exists and is in conflict herewith, the same is repealed hereby.

E. Definitions

1. "Achievement District School" is any district public school or charter public school operating in the State of Arizona that meets all of the requirements set forth in A.R.S. § 15-2141(B) and that has applied for and has been designated by the Board as an Achievement District School.

2. "Applicant" means a School that is applying to become an Achievement District School, either directly or through its charter holder or operator or school district.

3. "Application" means an application for designation as an Achievement District School.

4. "Board" has the meaning of A.R.S. § 15-2151(2).

5. "School" means a district public school or a charter public school that qualifies as a "school" pursuant to section 15-101(22).

6. "Underperforming" school means a school that has received a letter grade of C, D or F pursuant to A.R.S. § 15-241, or the equivalent under any replacement school evaluation system.

7. "Unaffiliated" means two entities that do not have any common ownership or control and are not under the control or ownership of the same entity.

F. Achievement District Schools - Application

1. A School seeking designation as an Achievement District School, pursuant to A.R.S. § 15-2141, shall file an Application with the Board on Form A, which may be modified from time to time by the Board. The Application may be submitted either in paper format or electronically through the Governor's Office of Education website.

2. Applications failing to comply with the requirements of A.R.S. § 15-2141 shall be denied without prejudice to the subsequent filing by such School of an application complying with such requirements.

3. The accuracy and completeness of the information contained in an Application shall be certified to by the Chief Executive Officer or Chief Financial Officer of the School. Electronic Applications shall include a section for the provision of an electronic signature.

G. Achievement District Schools- Application Criteria. In completing Applications, Applicants must explain or provide the following information:

1. For proving receipt of a letter grade of A, or an equivalent successor classification, pursuant to A.R.S. § 15-2141(B)(1), certification that the School has received such grade at the time of submitting the Application. Charter public schools shall also provide certification that they are in material compliance with all requirements and their charter is not subject to revocation.

2. For the proven instructional strategies and curricula that demonstrate high academic outcomes required by A.R.S. § 15-2141(B)(2), a short narrative describing the School's strategies that may include the School's core programs, areas of instruction, pedagogy utilized and educational philosophies.

3. For verifiable enrollment demand required by A.R.S. § 15-2141(B)(3), certification that the School has demonstrated enrollment demand, such as a wait list or open enrollment demand, including the methodology used to evaluate enrollment demand.

4. For a sound financial plan that contemplates operational costs and future enrollment growth, required by A.R.S. § 15-2141(B)(4), the Applicant's annual audited financial statements for the immediate past fiscal year, or if audited financial statements are not yet available, unaudited financial statements for the immediate past fiscal year, as well as year-to-date actual expenditures as compared to budget.

5. For a commitment to provide technical assistance to an Underperforming school in the State, as required by required by A.R.S. § 15-2141(B)(5), a letter from an Unaffiliated and Underperforming school that confirms the applicant School's commitment and that identifies the areas of support being or to be provided.

6. Pursuant to A.R.S. § 15-2141(B)(6), Applicants shall also provide information concerning any poverty indicators of its student population, including the ratio of students eligible for a free or reduced cost lunch program.

H. Achievement District Schools - Evaluation of Applications

1. Applications shall be reviewed to confirm that all required information has been received and the application is administratively complete. Within 30 days of submission of an application, the Applicant will be notified of any deficiencies in the Application.

2. Once an Application is determined to be administratively complete, the Board shall evaluate each Application and either approve or deny the Application within 60 days of this determination.

3. The Board shall meet no less than once every other month to decide upon Applications and for the conduct of any and all other business before the Board. The Board is authorized to call additional meetings in order to evaluate Applications or conduct other business and to cancel meetings if there is no business pending before the Board.

4. Applicants shall be notified of the Board's decision to grant or deny Achievement District School status within 10 business days of the Board's decision in writing, either by letter, facsimile or electronic mail.

History

• Adopted by exempt rulemaking at 23 A.A.R. 661, effective 3/1/2017.

Article 2 CREDIT ENHANCEMENT

Ariz. Admin. Code § R7-8-201 Arizona Public School Credit Enhancement Program

A. Authority. This rule is adopted pursuant to A.R.S. § 15-2153(B)(9).

B. Purpose. The purpose of this rule is to implement the legislative intent, as expressed in Chapter 129, Laws of 2016, to administer the Arizona Public School Credit Enhancement Program.

C. Scope.

1. The scope of this Rule is the scope of A.R.S. Title 15, chapter 16, article 11 as it relates to Arizona public school credit enhancement. This rule is applicable to any district public school or charter public school operating in the State of Arizona that applies for a Guaranteed Financing from the Board.

2. The statutory authority for this rule, A.R.S. Title 15, chapter 16, article 11, does not provide for exemptions therefrom for person or agents of persons subject thereto, and no such exemption is intended or should be presumed by this rule or any provision thereof.

D. Repeal. This rule does not repeal any known prior rule, memorandum, bulletin, directive or opinion on this subject matter. If such prior rule or directive exists and is in conflict herewith, the same is repealed hereby.

E. Definitions

1. "Achievement District School" has the meaning of A.R.S. § 15-2151(1).

2. "Applicant" means an Achievement District School that has submitted an Application to the Board, either directly or through its charter holder or operator or school district.

3. "Application" means an application for a Guaranteed Financing submitted by an Achievement District School to the Board.

4. "Board" has the meaning of A.R.S. § 15-2151(2).

5. "Guaranteed Financing" has the meaning of A.R.S. § 15-2151(4).

6. "School" means a district public school or a charter public school that qualifies as a "school" pursuant to section 15-101(22).

F. Arizona Public School Credit Enhancement - Application

1. An Achievement District School seeking a Guaranteed Financing, pursuant to A.R.S. § 15-2155, shall file an Application with the Board on Form B, which may be modified from time to time by the Board. In the alternative, a School may apply to become an Achievement District School and for a Guaranteed Financing contemporaneously by filing an Application with the Board on Form C. Applications may be submitted either in paper format or electronically through the Governor's Office of Education website.

2. Applications failing to comply with the requirements of A.R.S. § 15-2155 shall be denied without prejudice to the subsequent filing by such School of an application complying with such requirements.

3. The accuracy and completeness of information in an Application shall be certified to by the Chief Executive Officer or Chief Financial Officer of the School. Electronic Applications shall include a section for the provision of an electronic signature.

G. Arizona Public School Credit Enhancement - Application Criteria. In completing Applications, Applicants must explain or provide the following information:

1. Unless the Application is a combined Application, for proof as approval as an Achievement District School, certification that the information previously submitted to the Board in the Applicant's Achievement District School application pursuant to A.R.S. § 15-2155(B)(1) is still accurate in all respects.

2. For exhibited sustainability of the Achievement District School's financial operations, in addition to the items required by A.R.S. § 15-2155(B)(2), the following documents:

a. At least the two immediate past years' audited financial statements. The audits must include an unqualified opinion and may not identify any "going concern" issues. If an audit has not been completed for the most recent year, internally generated financial statements, including at least a statement of revenues and expenditures or a balance sheet by line-item or category totals that align with the submitted financial statements must be provided. The Board may request an additional year of audited financials

b. The School's current year budget with line items or category totals that align with the submitted audited financial statements. For applications made after the first quarter of a fiscal year, a current balance sheet and year-to-date revenues and expenditures compared to budget by budget category.

c. Additionally, for charter public schools:

i. The Applicant must include a listing of the names, positions and experience of the charter public school's corporate board of directors and its senior staff.

ii. The Applicant must include information on any material or substantial lawsuits, threatened or potential litigation brought by any outside party, either currently or in the past three years, or any failure to have its charter re-approved, if any.

iii. The Applicant must include a projection of revenues, expenditures and net cash flows for the ensuing three-year period.

iv. The Applicant shall also provide student enrollment statistics by grade for each grade level served, for the shorter of either the period the School has been in operation or for the most recent five years, for the current year, and projected student enrollment for the next five years.

v. The Applicant must demonstrate sufficient liquidity as evidenced by providing a statement showing the School has either:

a. At least 45 days unrestricted cash on hand based on the most recently completed fiscal year and for each of the years under the projections provided; or

b. At least 30 days cash on hand based on the most recently completed fiscal year, a net increase in cash and cash equivalents for such year compared to the prior fiscal year, and that its days cash on hand is projected to increase to 45 days cash on hand within two fiscal years based on the provided projections.

vi. If the Applicant has outstanding debt that is rated by a municipal bond rating agency, documentation showing the rating.

vii. A list of all of its current outstanding debts, accompanied by a statement that the Applicant is not currently in default on any outstanding debt.

3. For a charter Achievement District School's demonstrated experience in operating and managing charter public schools with high academic outcomes for at least two consecutive years, as required by A.R.S. § 15-2155(B)(3), a narrative history covering at least the two most recent years of the Applicant's historical academic outcomes and operations.

4. For information regarding the proposed Guaranteed Financing, the following information:

a. The planned timing of such financing, a schedule of estimated sources and uses of funds for such financing, the expected principal and interest payment dates and amounts by payment date for such financing, and plans for funding reserves, if any.

b. A description of what the Guaranteed Financing will be used for, a description of how the Guaranteed Financing will reduce or impact the Applicant's enrollment demand, whether the Guaranteed Financing will be a refinance of existing debt obligations, and if so, the estimated savings of the refinance and how the Applicant proposes to spend the monies saved as a result of the refinance.

5. For identification of any property being pledged as collateral, as required by A.R.S. § 15-2155(B)(6), the Applicant must disclose whether any property to be financed and secured by a Guaranteed Financing will be owned or leased by the Applicant or, for charter public schools, the Applicant or its charter holder. Real property being pledged as collateral shall be identified by physical address, and a copy of an independent appraisal of the property that reflects current valuation within 90 days of submission, along with a copy of the lease for any leased collateral real property, must be provided to the Board not less than 30 calendar days and not more than 60 calendar days before the issuance of the Guaranteed Financing.

6. Pursuant to A.R.S. § 15-2155(B)(7), information concerning the Applicant's teacher turnover rate and the results from the immediate prior two years of any parent and/or teacher satisfaction surveys conducted by the Applicant. For charter public schools, the Applicant shall also disclose whether any personal benefit will inure to any employee of the School or school operator or an immediate relative, including a parent, spouse, sibling or child, of any such employee or operator.

H. Arizona Public School Credit Enhancement - Required Financial Provisions for Guaranteed Financings. In order for the Board to approve a Guaranteed Financing, the proposed project must meet the following terms and requirements:

1. The debt service on the Guaranteed Financing may include interest-only payments for no more than two fiscal years following the fiscal year of issuance and must include level annual total principal and interest payments thereafter.

2. The Guaranteed Financing must be fully amortizing over a period not to exceed 35 years.

3. For non-general obligation, tax-supported obligations, the Guaranteed Financing must meet one of the following debt service coverage ratio requirements as estimated at the time of the Application and upon issuance of the Guaranteed Financing:

a. The ratio of the net cash flow (i.e. total revenues less operating expenses excluding debt or lease payments on land and facilities and non-cash expenses) for the most recently completed fiscal year to the maximum annual combined payments on existing debt, leases of land and facilities and the Guaranteed Financing must be at least 110%; or

b. The ratio of the net cash flow as defined above for the most recently completed fiscal year to the combined payments on existing debt and leases, but excluding the Guaranteed Financing, must be at least 110%, and the ratio of projected net cash flow as defined above for each of the subsequent five fiscal years to the combined maximum annual payments on existing debt, leases of land and facilities, and the Guaranteed Financing must be at least 110%. For this requirement, the projections must be accompanied by a report from an independent certified public accountant or a financial consultant with demonstrated expertise in public charter school financings confirming that the accountant or consultant has reviewed the Applicant's projections and deems the projections to be fair and reasonable.

4. Tax Base/Collections - District Public Schools

a. For district public school Applicants using a district's voted general obligation bond authorization for a Guaranteed Financing, property tax collections for the three most recent fiscal years must average 90% or more.

b. For district public school Applicants that will not use the property tax base for a Guaranteed Financing, the Applicant must identify the authorized source of payment for the Guaranteed Financing and provide evidence of adequate ongoing dedicated or pledged revenues and budget capacity to service the minimum annual payments to be due under the Guaranteed Financing and any other parity obligations at 110% of the annual payments due.

5. Guaranteed Financings Secured by Real Property

a. If the Guaranteed Financing will involve property or facilities that will be pledged as collateral for the Guaranteed Financing, the Applicant must provide an independent appraisal to the Board dated not less than 30 calendar days and not more than 60 calendar days before the issuance of the Guaranteed Financing indicating that the "as built" value of the pledged property is equal to or greater than the principal amount of the Guaranteed Financing, net of reserves securing the Guaranteed Financing and transaction costs for the Guaranteed Financing. At the time of Application, the Applicant shall certify that it reasonably believes this requirement will be met at the time of the Guaranteed Financing. For Guaranteed Financings that will refinance prior existing debt obligations of the Applicant, the Applicant may grant a security interest in the pledged property to secure debt obligations under the related financing that are not guaranteed by the Fund, provided that such security interest is subordinate to the security interest granted by the Applicant in such pledged property to secure the Guaranteed Financing.

b. The Applicant must identify or describe the ownership status of the property/facilities that will be funded by the Guaranteed Financing, including whether the property will be owned in fee simple, will be leased, or will be subject to some other control or ownership agreement.

c. For property being leased, the Applicant must provide a copy of the lease and identify the term, renewal options, assignment rights and the payment schedule.

d. For a Guaranteed Financing that will require construction of new facilities or major renovations to existing facilities of $1,000,000.00 or more, the Applicant must acknowledge that the Guaranteed Financing is contingent upon execution of a guaranteed maximum price contract or other acceptable mechanism ensuring project completion, along with a requirement for the contractor to provide a completion bond or its equivalent.

Refinancing Guaranteed Financings - for Guaranteed Financings that will refinance a prior existing debt obligation for which the originally pledged property will be pledged as collateral for the Guaranteed Financing, payments on the Guaranteed Financing may not be greater in any fiscal year than the scheduled payments on the prior obligations, and the savings to be generated on a present value basis must equal or exceed 5% of the principal amount of the refinanced obligations.

I. Arizona Public School Credit Enhancement - Evaluation of Applications

1. Applications shall be reviewed to confirm that all required information has been received and the Application is administratively complete. Within 30 days of submission of an Application, the Applicant will be notified of any deficiencies in the Application.

2. Once an Application is determined to be administratively complete, the Board shall evaluate each Application and either approve or deny the Application within 60 days of this determination.

3. In deciding whether to approve or deny an Application, the Board may give preference to:

a. Proposed Guaranteed Financings that fund projects in low socioeconomic areas or to serve low socioeconomic student populations;

b. Proposed Guaranteed Financings based on the geographic distribution of Guaranteed Financings throughout the state;

c. Proposed Guaranteed Financings that fund new classrooms or facilities to meet established enrollment demand; and

d. Proposed Guaranteed Financings that will maintain the overall program requirements imposed by A.R.S. § 15-2155(C).

4. The Board shall meet no less than once every other month to decide upon Applications and for the conduct of any and all other business before the Board. The Board is authorized to call additional meetings in order to evaluate Applications or conduct other business and to cancel meetings if there is no business pending before the Board.

5. Applicants shall be notified of the Board's decision to grant or deny credit enhancement to a proposed Guaranteed Financing within 10 business days of the Board's decision in writing, either by letter, facsimile or electronic mail.

J. Deadline for Issuance of Guaranteed Financing - Once the Applicant is awarded initial approval for a Guaranteed Financing, the Applicant must issue the Guaranteed Financing within 120 days of the date of the letter granting approval for the Guaranteed Financing. The initial approval for the Guaranteed Financing will expire at the end of the 120-day period. The Applicant may request an extension for an additional 60 days by submitting a written request to the Board setting forth the reasons for the requested extension, before the expiration of the initial 120-day period.

K. Arizona Public School Credit Enhancement Participation Fee - In setting participation fees pursuant to A.R.S. § 15-2155(E), the Board shall consider, among other things, the value and type of collateral being pledged, the term of the Guaranteed Financing, projected savings by the School through the Guaranteed Financing, the rating of the proposed Guaranteed Financing without regard to the credit enhancement to be provided, the overall amount of the Guaranteed Financing and whether the Achievement District School is a district public school or a charter public school. The Board may establish the participation fee as a percentage of the Guaranteed Financing or otherwise, depending on the specific terms of the Guaranteed Financing.

History

• Adopted by exempt rulemaking at 23 A.A.R. 661, effective 3/1/2017.