Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 8 - COMPLIANCE › Section R7-2-801 - Compliance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Procedures
				governing noncompliance with laws and rules by school districts.
1. Scope. Except as may be otherwise directed
				by federal or state statute or by rules adopted by the State Board of
				Education, this rule shall govern the procedure for determining noncompliance
				by school districts with laws and rules concerning school districts, the
				enforcement of which is the statutory responsibility of the State Board of
				Education or the Department of Education.
2. Preliminary notice of noncompliance and
				response:
a. The Department of Education, upon
				its own initiative or at the direction of the State Board of Education, shall
				inform school districts by written notice that the district is in possible
				noncompliance with laws or rules, the enforcement of which is the statutory
				responsibility of the Board or the Department.
b. A preliminary notice of possible
				noncompliance shall detail in writing the nature of the possible noncompliance
				and shall identify:
i. The law or rule which
				the school district may be violating; and
ii. The manner in which the school district
				may be in noncompliance with the identified law or rule.
c. A school district may submit a written
				response to the Department of Education within 20 days of receipt of a
				preliminary notice of noncompliance.
d. Nothing contained in this rule is intended
				to preclude a reasonable attempt between Department of Education personnel and
				school district personnel to resolve administratively possible noncompliance
				prior to sending a written preliminary notice of noncompliance.
3. Scheduling a formal hearing
a. Recommendation by the Department of
				Education
i. After giving a school district
				preliminary notice as provided in this rule, the Department of Education shall
				submit a written recommendation to the State Board of Education. This
				recommendation shall be submitted within 10 days after receipt of a written
				response from the school district or if no response is received within 30 days
				of the issuance of the preliminary notice. The Department shall recommend one
				of the following courses of action to be taken by the Board.
(1) A formal hearing should be scheduled
				before noncompliance is probable and achieving voluntary compliance within a
				reasonable period of time under the circumstances is unlikely; or
(2) A formal hearing should not be scheduled
				at this time because, although noncompliance is probable, achieving voluntary
				compliance within a reasonable period of time is likely; or
(3) A formal hearing should not be scheduled
				because the school district is in compliance with the law or rule in
				question.
ii. Any
				written response of the school district to the preliminary notice of
				noncompliance shall accompany the written recommendation of the Department of
				Education.
b. Within 30
				days of receipt of the recommendation of the Department of Education, the State
				Board of Education shall either:
i. Schedule
				formal hearing;
ii. Postpone the
				decision to schedule a hearing for a stated time period not to exceed six
				months, or
iii. Dismiss the
				matter.
c. When the
				State Board of Education determines that a formal hearing is necessary, it
				shall be scheduled within 30 days after such determination, unless an extension
				of time is granted by the Board.
d.
				When a formal hearing is scheduled, the Board or its designee shall give notice
				of the hearing as provided in A.R.S. §
											41-1009(A)
				and (B).
e. When the Board decides to postpone
				scheduling a formal hearing, the Board shall specify the extent of the
				postponement and the Department of Education shall report periodically, at
				least every 30 days, unless otherwise directed, with respect to progress by the
				school district toward compliance with the law or rule in question. At the end
				of the postponement period, the Board shall again make a determination whether
				to schedule a hearing, further postpone the determination, or dismiss the
				matter.
f. The Board may order
				further investigation by the Department of Education at any time, and admit
				into evidence any such report at any subsequent formal hearing.
4. Hearings held pursuant to this
				rule shall be conducted as provided in A.R.S. §
										41-1010.
5. The Board's decision
a. A decision by the State Board of Education
				shall be determined by a majority of the members of the Board and shall be
				based upon substantial evidence.
b.
				A decision shall be rendered within 30 days after the hearing.
c. Within 30 days after a decision is
				reached, copies of the written decision shall be delivered to the parties
				personally or by certified mail.
d.
				The parties shall have the opportunity to provide proposed findings of fact and
				conclusions of law to the Board no later than five days after the decision of
				the Board is received.
6. Rehearing procedure
a. Any party aggrieved by a decision rendered
				by the Board may file with the Board, not later than 15 days after service of
				the decision, a written motion for rehearing or review of the decision,
				specifying the particular grounds therefor.
b. A motion to alter or amend a decision or
				order shall be filed not later than 15 days after service of the
				decision.
c. A motion for rehearing
				under this rule may be amended at any time before it is ruled upon by the
				Board.
d. A response may be filed
				within 10 days after service of such motion by any other party or by the
				Attorney General.
e. The Board may
				require the filing of written memoranda upon the issues raised in the motion
				and may provide for oral argument.
f. The Board may consolidate the hearing to
				consider the motion for rehearing with the requested rehearing.
g. A rehearing or review of the decision may
				be granted for any of the following causes materially affecting the moving
				party's rights:
i. Irregularity in the
				administrative proceedings of the agency or its hearing officer or the
				prevailing party, or any order, or abuse of discretion, whereby the moving
				party was deprived of a fair hearing;
ii. Misconduct of the Board of the prevailing
				party.
iii. Accident or surprise
				which could not have been prevented by ordinary prudence;
iv. Newly discovered material evidence which
				could not with reasonable diligence have been discovered and produced at the
				original hearing;
v. Excessive or
				insufficient penalty;
vi. Error in
				the admission or rejection of evidence or other errors of law occurring in the
				administrative hearing;
vii. The
				decision is not justified by the evidence or is contrary to law.
h. The Board may affirm or modify
				the decision or grant a rehearing to all or any of the parties and on all or
				part of the issues for any of the reasons set forth in subsection (7). An order
				granting a rehearing shall specify with particularity the ground or grounds on
				which the rehearing is granted, and the rehearing shall cover only those
				matters so specified.
i. Not later
				than 15 days after a decision is rendered, the Board may on its own initiative
				order a rehearing or a review of its decision for any reason for which it might
				have granted a rehearing on motion of a party. After giving the parties or
				their counsel notice and an opportunity to be heard on the matter, the Board
				may grant a motion for rehearing for a reason not stated in the motion. In
				either case, the order granting such a rehearing shall specify the grounds on
				which the order is based.
j. When a
				motion for rehearing is based upon affidavits, they shall be served with the
				motion. An opposing party may, within 10 days after such service, serve
				opposing affidavits, which period may be extended for an additional period not
				exceeding 20 days, by the Board for good cause shown, or by the parties by
				written stipulation. The Board may permit a reply affidavit by the moving
				party.