MARICOPA REGIONAL FY2014 IGA WITH AOC FINAL.PDF

INTERGOVERNMENTAL AGREEMENT AMONG
THE ARIZONA SUPREME COURT,
THE MARICOPA COUNTY SCHOOL SUPERINTENDENT AND
THE MARICOPA COUNTY SUPERIOR COURT
This is an Intergovernmental Agreement, hereinafter referred to as "IGA", among the Arizona
Supreme Court through the Administrative Office of the Courts, hereinafter referred to as
"AOC", the Maricopa County Board of Supervisors, hereinafter referred to as “Board”, the
Maricopa County School Superintendent, hereinafter referred to as “Superintendent”, and the
Maricopa County Superior Court through the Juvenile Court, hereinafter referred to as "Court",
subject to the following terms and conditions:
1. Recitals
The AOC, on behalf of the Superior Courts for all counties in Arizona and the superintendents of
schools for each county, applied for and received $1,231,590.93 as a sub-grant from the Arizona
Department of Education (ADE) pursuant to PL 107-110, The Elementary and Secondary
Education Act of 2001 (ESEA), 20 USCA Ch. 70, Subch. I, Improving the Academic
Achievement of the Disadvantaged, 20 USCA Ch. 70, Subch. I, § 6301 et. seq. and 34 CFR 76
State Administered Programs, as applicable. The specific sections of 20 USCA Ch. 70, Subch. I
include Part D- Prevention and Intervention Programs for Children and Youth Who are
Neglected, Delinquent or At-Risk (20 USCA Ch. 70, Subch. I, Part D, § 6421 et. seq.).
Additional sources of funding include: 20 USCA Ch. 70, Subch. II, Part A (Teacher and
Principal Training and Recruiting Fund); Part B IDEA Basic; P.L. 108-446, 20 USCA Ch. 33,
Sections 1400-1409, 1411-1419, 1431-1444, 1450-1455, 1461-1466, 1470-1475 and 1481-1482,
Special Education Secure Care Grant, and other associated funds.
2. Purpose
The purpose of the IGA is to define the responsibilities of the parties in the development of
education programs and the use of funds in the amount of $184,662.00 which represents a
portion of the funds sub-granted to the AOC and is set forth in the attached Exhibits A-1 and A-
2.
3. Authority
The AOC and the Court have the authority to enter into this IGA pursuant to Article VI, section
3, of the Arizona Constitution, A.R.S. §§ 11-952, 8-371 (as applicable), and § 15-913. The
Superintendent has the authority to enter into this IGA pursuant to A.R.S. §§ 15-302, 15-308 (as
applicable), 15-913, 15-342, (as applicable), and § 11-952. The Board has the authority to enter
into this IGA pursuant to § 11-952.
4. Term and Renewal
This IGA shall become effective on the date of final signature, and shall terminate on June 30,
2015.
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5. Duties of the AOC
The AOC Shall:
a. Provide technical assistance regarding Title I and associated other funds, including its
purpose, appropriate use of funds, reporting requirements and the development of
appropriate Title I and associated fund programs.
b. Provide Maricopa County $184,662.00 to the Superintendent to be spent as outlined in
Exhibit A-1 and A-2.
c. Provide administrative support services for the application, budget and reporting to the
Arizona Department of Education for the sub-grant which was obtained on behalf of
the parties.
d. Provide administrative support for the preparation of the application to the Department
of Education for a new sub-grant for funds to be applied for on behalf of the parties
or fiscal years 2013/2014 and 2014/2015, respectively.
e. Provide training, education and support for detention educators, as well as providing
appropriate resources for educational remediation for detention students.
f. Review contracts with third parties relating to this IGA and school operations, as
necessary to carry out obligations as the fiscal pass-through agent and maintain
documentation of contracts reviewed.
g. Make financial distributions based on the state-wide allocation approved by the
Arizona Department of Education (ADE) to the Superintendent within 10 business days
after all of the following conditions have been met:
(1) Receipt of funds from the ADE;
(2) A current, original, and executed IGA or Amendment.
6. Duties of the Court
The Court shall:
a. Work in cooperation with the Superintendent and shall agree on the method of delivery
of the juvenile detention center education program, pursuant to A.R.S. § 15-913.
b. Work in cooperation with the Superintendent pursuant to the court’s statutory
obligation, to develop and deliver programs which are in accordance with the
Arizona Consolidated State Application which received approval by the United States
Department of Education (USDOE) on June 10, 2003, the State Plan (20 USCA Ch.
70, Subch. I, § 6311) and the Title Funds Budget Application, attached as Exhibit A-1.
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c. Comply with any applicable requirements of The Elementary and Secondary Education
Act of 2001 (ESEA) P L 107-110, 20 USCA Ch. 70, Subch. I, § 6301 et. seq.; 20
USCA Ch. 70, Subch. I, Part D, § 6421 et. seq. and applicable CFRs, Titles II-A; Part
B IDEA Basic, Special Education Secure Care Grant, and other associated funds.
d. Carry out the duties of the court in a manner that assists and supports the
Superintendent’s duties as enumerated in section 7 of this IGA.
e. Work in cooperation with the superintendent to provide a minimum of 225 total
instructional days in the juvenile detention center consisting of a minimum of 240
minutes (4 hours) of instructional time pursuant to A.R.S. §15-913(E)(1) . Instructors
shall have the proper certification as required by the Arizona Department of Education.
f. Provide program reports, as requested by the AOC, and maintain adequate
documentation for purposes of fiscal audit, monitoring and program evaluation.
7. Duties of the Superintendent
The Superintendent shall:
a. Work in cooperation with the Court and shall agree on the method of delivery
of the juvenile detention center education program, pursuant to A.R.S. § 15-913.
b. Work in cooperation with the Court pursuant to the Superintendent’s statutory
obligation, to develop and deliver programs which are in accordance with the
Arizona Consolidated State Application which received approval by the United States
Department of Education (USDOE) on June 10, 2003, the State Plan (20 USCA Ch.
70, Subch. I, § 6311) and the Title Funds Budget Application, attached as Exhibit A-1.
c. Comply with any applicable requirements of The Elementary and Secondary Education
Act of 2001 (ESEA) P L 107-110, 20 USCA Ch. 70, Subch. I, § 6301 et. seq.; 20
USCA Ch. 70, Subch. I, Part D, § 6421 et. seq. and applicable CFRs, Titles II-A; Part
B IDEA Basic, Special Education Secure Care Grant, and other associated funds.
d. Work with the Court and the AOC in the preparation of the application for ESEA and
associated funds for fiscal years 2013/2014 and 2014/2015, respectively.
e. Ensure the detention education program is aligned to the Arizona College & Career
Ready Standards as defined by criteria established by the State Board of Education.
f. Ensure all education information and records are maintained in the juvenile’s
education file at the facility consistent with state and federal law. Education staff
shall maintain the confidentiality of these records pursuant to the Family Education
Rights and Privacy Act, (FERPA), 20 U.S.C. §1232g; A.R.S. §15-141.
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g. Ensure all state required achievement tests (i.e. AIMS, AIMS-A) are administered to
any student that is being detained on the scheduled date of testing as determined by
the Arizona Department of Education.
h. Ensure the Child Find process as provided in 34 C.F.R. §300.111 et seq., is
implemented for each student that is enrolled in the detention education program. If
the assessment process provides an indication of any special needs or if an Individual
Education Plan (IEP) currently exists, all state and federal law requirements shall be
observed. If a student has a current IEP with information that is not applicable to a
detention setting, the IEP shall be amended in accordance with federal law.
i. Ensure the content and curriculum aligns with the Arizona College & Career Ready
Standards and addresses the juvenile’s educational needs as identified in their
educational plan.
j. Work with the Court to ensure all juveniles’ education plans include provisions for
transition. Transition planning should be consistent with federal IDEA, ESEA, and
any applicable Arizona State Board of Education requirements for transition planning.
Examples of transition programming include but are not limited to the Education and
Career Action Plan (ECAP), Arizona Career Inventory System (AzCIS) and Merging
Two Worlds.
k. Spend Title I funds for salaries which reflect at least 12%, but no more than 35%, in
benefits.
l. Follow requirements of the Uniform System of Financial Records (USFR), described in
A.R.S. § 15-271, and published in a manual by the Arizona Department of Education
and the Auditor General.
m. Work in cooperation with the Court to provide a minimum of 225 total instructional
days in the juvenile detention center consisting of a minimum of 240 minutes
(4 hours) of instructional time pursuant to A.R.S. 15-913(E)(1). Instructors shall have
the proper certification as required by the Arizona Department of Education.
n. Maintain a comprehensive inventory of all capital equipment purchased and file
an annual financial report with the AOC using the forms supplied by the AOC,
which include the "Capital Outlay" worksheet.
o. Maintain and provide to the AOC upon request, job descriptions, certification
information, annual teacher assessments, salary schedules, and documented
performance initiatives, if applicable.
p. Ensure that the funds are not used to supplant already existing funds that would, in
the absence of Title I and all related funds, be available from non-federal sources for
the education of these juveniles.
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q. Work with the Court to ensure all juveniles are enrolled in the education program
within 48 hours of admission to the facility pursuant to A.R.S. §15-913(E)(1).
r. Work with the Court to provide services for all students that include:
(1) Performing educational assessments given within 24 hours of
enrollment that include but are not limited to math, reading and
language arts to align with the Arizona College & Career Ready
Standards. This information shall be updated at a minimum of every
six (6) months.
(2) Developing education plans within 48 hours of enrollment that
include the results from an education staff and student interview, the
results of the academic assessments, and provisions for transition as
required by Title I and IDEA Basic federal funding guidelines. This
information shall be updated at a minimum of every six (6) months.
(3) Requesting educational records from student’s home school within 5 school
days after enrollment into the detention education program pursuant to A.R.S.
§15-828(G). Upon receipt, update education plan accordingly.
(4) Coordinating the program with each pupil’s school district of residence to
assist the pupil’s transition back to the school district at the appropriate time
pursuant to A.R.S. § 15-913, or into public and/or alternative education
placements.
(5) Supervising and assisting students to ensure successfully complete assigned
work while in the detention facility,
(6) Awarding transferable credits for work completed while in the detention
facility.
(7) The opportunity for juveniles between sixteen (16) and eighteen (18) years of
age to take the General Education Development (GED) test if appropriate as
determined by the detention education teacher and pursuant to the rules and
regulations of the GED Testing Service and the Arizona Department of
Education Arizona Administrative Code R7-2-307 (B)(2)(a) and (b).
(8) Developing a defined method of alternative education services for those
juveniles removed from the classroom due to their status as an immediate or
ongoing security risk to self, others or the institution. These services shall be
consistent with the student’s education plan and developed by a certified
teacher. Any removal shall be documented in the individual student’s
education file.
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s. Retain contracts with third parties relating to this IGA and school operations.
Documentation of contracts shall be maintained at the Superintendent’s office and will
be provided as requested. Adequate documentation will be maintained for audit and
monitoring purposes.
8. Fund Accounting
Funds distributed to the Superintendent shall be deposited in a Special Reserve Fund and each
program must be accounted for separately. Any interest earned on these monies while in the
possession of the Superintendent shall accrue to each separate program account and must be
reverted to the AOC when the Fiscal Closing Report is submitted in accordance with Exhibit A-1
and the terms of this IGA.
9. Program Reporting and Expenditures
a. Closing Reports. Submit an annual closing report which includes all required
information pursuant to Title I Institution Wide Programs and assurances given
pursuant to Title II-A. In addition, a Title Funds Closing Budget form, General
Ledgers documenting expenditures of funds associated with this IGA, and carryover
justification form shall be included and submitted to the AOC by September 1st of each
fiscal year.
b. Program Reports. Provide program reports, as requested, and maintain adequate
documentation for purposes of fiscal audit, monitoring and program evaluation and
shall adhere, in particular, to assurances given pursuant to Title II-A.
c. Expenditures. Ensure that funds are spent and programs are developed in accordance
with all state and federal funding rules and regulations, as well as the Arizona
Consolidated State Application approved by the USDOE on June 10, 2003.
Expenditures shall also be in accordance with Exhibit A-1 and A-2.
d. Inappropriate Expenditures. The superintendent shall expend funds only for the
purposes and uses specified in the budgets which were approved by the AOC. The
Superintendent agrees to reimburse the AOC for any unauthorized or inappropriate
expenditures which are not in compliance with this IGA. However, funds may be used
to pay county or city administrative costs for legitimate services associated with receipt
of these funds to not exceed a combination of 8%, if approved in the budget, attached
as Exhibit A-1. All equipment purchased with these funds shall be used solely for
purposes identified in this IGA unless written permission is received from the AOC to
utilize such equipment for other specified purposes, as appropriate within the
guidelines and intent of the funds as defined in this agreement.
e. Unexpended Funds. The Superintendent may carry over no more than 15% for Title I
funds unexpended as of June 30th of each fiscal year, unless approved by the ADE.
Additionally, if the AOC determines that the funds have been misspent or that the
Superintendent shall not be approved to receive funds for the next fiscal cycle, or the
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AOC shall not receive funds from the ADE for the next fiscal cycle, all unexpended
funds and interest shall be returned to the AOC within 30 days of written notification.
A closing financial statement shall be signed by the Superintendent and Director of
Juvenile Court Services. Unexpended funds shall be handled pursuant to federal and
state requirements.
f. Budget Modifications. The Superintendent shall not shift funds from, to, or within
budgeted categories of the approved budgets by more than 10% without prior written
authorization from the AOC. All budget modifications shall be in accordance with
federal and state budget policies.
g. Termination of Funding. In the event that this IGA is terminated prior to June 30,
2015 all unexpended funds in the possession of the Superintendent shall be returned to
the AOC within 30 days of such termination, along with, but not limited to: (1) a
closing financial statement; (2) a final report outlining the program achievements and
progress toward identified goals; and (3) an inventory, including serial numbers, of all
equipment purchased with these funds. If termination is due to failure of the
Superintendent to comply with the approved plan or the terms of this IGA, the AOC
may require return of equipment and supplies purchased with these funds.
10. Books and Records
a. Financial Records and Examination. The Superintendent shall maintain and shall
require its subcontractors to maintain acceptable accounting systems, records, and
documents to properly reflect all funds expended in the performance of this IGA. All
books, records and other documents relevant to this IGA shall be retained by the
Superintendent and subcontractors for a period of 5 years after the final payment has
been made, or until after the resolution of any audit questions or contract disputes,
whichever is longer. AOC, state, or federal auditors, as applicable, and any other
persons duly authorized by the AOC shall have full access to, and the right to examine,
audit, copy and make use of any and all said materials. All subcontracts shall include a
provision acknowledging the authority of the AOC to conduct such audits or
examinations.
b. Program Records and Evaluation. The AOC shall monitor and evaluate
compliance with this IGA. The Superintendent and Court agree to maintain and
provide to the AOC such data and statistics as may be required by the AOC for
purposes of evaluation. The Superintendent and Court further agree that authorized
agents of the AOC shall have the right to conduct on-site visits for purposes of
compliance monitoring and program evaluation. All subcontracts shall include a
provision acknowledging the authority of the AOC to conduct such inspections and
evaluations.
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11. Inventory
The Superintendent shall retain ownership of equipment purchased with all federal
funds distributed by the AOC and pursuant to this and all previous IGA’s. Written
inventory and property control policies and procedures in accordance with federal
requirements shall be maintained.
12. Transfer of Program Duties
Should the Superintendent and the Court agree that the Court rather than the Superintendent
perform these duties a written agreement shall record such intent and operations. Such an
agreement shall be presented by the Court to the AOC for review and approval as the pass-
through fiscal agent for funds associated with this IGA, prior to the execution of the IGA.
13. Property Acquired
In the event of a transfer of program duties, termination, or cancellation of the IGA, all property
shall belong to the Superintendent but shall remain at the detention center as long as the property
is being used for educational purposes.
14. Use, Loss and Disposition of Equipment
Equipment must be used as required by this IGA for five years, unless written permission is
given by the AOC. After this time, the equipment may be transferred upon agreement between
the presiding judge and the Superintendent. The Superintendent is responsible for any
maintenance, loss or damage to the equipment. Equipment which is no longer needed or usable
shall be surplused as required by local surplus property procedures and may be utilized as long as
the procedures are consistent with federal and state requirements.
15. Confidentiality
a. There shall be no disclosure of personally identifiable information from any
student's education records except in compliance with A.R.S. § 15-141, the Family
Educational Rights and Privacy Act (FERPA) and regulations adopted pursuant to
that Act, the Individuals with Disabilities Education Act (IDEA) and regulations
adopted there under, and applicable school board policies.
b. The parties shall establish and maintain procedures and controls that are
acceptable to the AOC for the purpose of assuring that no information contained
in court records or obtained for the Court shall be disclosed by anyone except as is
necessary in the performance of the duties as described herein. No information
pertaining to juveniles shall be divulged, other than as required in the performance
of the duties as described herein.
c. The provision and use of all information covered by the terms of this Agreement
shall be in strict compliance with federal and state statutes, court rules and
regulations concerning confidentiality, in particular, Rule 19, Rules of Procedure
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Juvenile Court, and Rule 123, Rules of the Supreme Court. The parties shall
establish and maintain procedures and controls that are acceptable to the Court for
the purpose of assuring that no information contained in its records or obtained from
the Court or from others in carrying out its functions under the IGA shall be used or
disclosed by it, its agents, officers, or employees, except as is necessary in the
performance of duties under this IGA. Persons requesting such information shall be
referred to the Court. The parties also agree that any information pertaining to
probationers or juveniles shall not be divulged, other than to employees of the
Superintendent as required in the performance of duties under the IGA, except upon
the prior, written consent of the Court.
16. Modification
Any modification to this IGA must be done in writing and executed by all parties, including
transfer of funds to another county.
17. Termination
This IGA may be terminated by any party upon 30 days written notice to all parties by certified
mail due to:
a. lack of funding;
b. statutory changes in the program;
c. failure of any party to comply with this IGA;
d. other circumstances necessitating such action.
18. Indemnity
Each party agrees to be responsible for the conduct of its operations and performance of contract
obligations and for any accidents or injuries to persons or property arising out of acts or
omissions by its officers, agents or employees acting in the course or scope of their employment
while performing duties undertaken pursuant to this IGA.
19. Rights and Duties of Party Only
The provisions of this IGA govern the duties and responsibilities of the parties to the IGA and
are not intended to confer any right, entitlement, privilege or benefit on any third party.
20. Entire IGA
This IGA contains the entire understanding of the parties hereto. There are no representations or
other provisions other than those contained herein, and any amendment or modification of this
IGA shall be made only in writing and signed by the parties to this IGA.
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21. Incorporation by Reference and Invalidity of Part of the IGA
The parties agree that should any part of this IGA be held to be invalid or void, the remainder of
the IGA shall remain in full force and effect. This IGA shall be deemed to have incorporated by
reference all laws governing the intergovernmental agency agreements and mandatory contract
provisions of state agencies required by statute or executive order and shall be construed
accordingly.
22. Compliance with Non-Discrimination Laws
All parties shall comply with applicable provisions of Title VII of the Civil Rights Act of 1964,
as amended by the Age Discrimination in Employment Act, and State Executive Order No.
2009-9 which mandates that all persons, regardless of race, color, religion, sex, age, national
origin or political affiliations, shall have equal access to employment opportunities. The parties
shall also comply with the Rehabilitation Act of 1973, as amended, which prohibits
discrimination in the employment or advancement of qualified persons because of physical or
mental disability, and the Americans with Disabilities Act.
23. Conflict of Interest
The parties acknowledge that this IGA is subject to cancellation provisions pursuant to A.R.S. §
38-511, the provisions of which are incorporated herein and made a part thereof.
24. Legal Authority
By entering into this Agreement, the parties are not relieved of any obligation or responsibility
imposed upon them by law.
25. Worker’s Compensation
Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-
1022, each party shall be considered the primary employer of all personnel currently or hereafter
employed by that party, irrespective of the operations of protocol in place, and said party shall
have the sole responsibility for the payment of Worker’s Compensation benefits or other fringe
benefits of said employees.
26. No Joint Venture
It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create
any partnership, joint venture or employment relationship between the parties or create any
employer-employee relationship between the employees of one Party to another Party. Neither
party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the
other, including (without limitation) the other party’s obligation to withhold social Security and
income taxes for itself or any of its employees.
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27. No Third Party Beneficiaries
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in
third parties not parties to this IGA or affect the legal liability of either party to the IGA by
imposing any standard of care with respect to the maintenance of public facilities different from
the standard of care imposed by law.
28. Availability of Funds
Every payment obligation of the State under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated
and available for the continuance of this Agreement, this Agreement may be terminated by the
State at the end of the period for which funds are available. No liability shall accrue to the State
in the event this provision is exercised, and the State shall not be obligated or liable for any
future payments or for any damages as a result of termination under this paragraph.
29. Compliance with the Arizona Legal Workers Act, A.R.S. § 41-4401
a. Each party warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with A.R.S. § 23-214(A). (That
subsection reads: “After December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee through the E-
Verify program.”). If this compliance requirement disqualifies any of the parties’ key
personnel or individuals working at the direction of any of the parties and no
acceptable alternative is provided the Court may terminate this contract.
b. A breach of a warranty regarding compliance under subparagraph A shall be deemed a
material breach of the contract that is subject to penalties up to and including
termination of the contract.
c. The Court retains the legal right to audit and inspect the papers of any of the parties’
employees or subcontractor’s employees who work on the contract to ensure that the
parties’ personnel and any person working at the direction of any party is complying
with the warranty under subparagraph A.
30. Audits
Pursuant to A.R.S. §§ 35-214 and 35-215, the parties shall retain all records relating to this
Agreement for a period of five years after completion of the Agreement. All records shall be
subject to inspection and audit by the State of Arizona at reasonable times. Upon request of
either party, the other party shall produce the original of any or all such records at the offices of
the requesting party.
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31. Change in Duties
Should the Court and Superintendent agree that the Court rather than the Superintendent perform
these duties; a written agreement shall record such intent and operations. Such an agreement
shall be presented by the Court to the AOC for review and approval as the pass-through fiscal
agent for funds associated with this IGA, prior to the execution of the IGA.
32. Arbitration
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S. § 12-1518 except as may be required by other applicable statutes.
33. Notice
All notices, requests for payment, or other correspondence between the parties regarding this
IGA shall be mailed or delivered personally to the respective parties to the following addresses:
AOC:
Teasie Colla
Arizona Supreme Court
Juvenile Justice Services Division
1501 West Washington, Suite 337
Phoenix, AZ 85007
COURT:
Mr. Eric Meaux
Director of Juvenile Court Services
Maricopa County Juvenile Court
3125 W. Durango
Phoenix, Arizona 85009
SUPERINTENDENT:
Dr. Don Covey
Maricopa County Superintendent of Schools
4041 N. Central Avenue, Suite 1100
Phoenix, Arizona 85012
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
on the date written below.
AOC:
By: David K. Byers Date
Administrative Director
Arizona Supreme Court
Superior Court of Arizona in and for Maricopa County:
By: Honorable Norman Davis Date
Presiding Superior Court Judge
Superintendent:
By: Dr. Don Covey Date
Board of Supervisors:
By: Chairman Date:
Superintendent’s Counsel:
By: Date:
Board of Supervisors Counsel:
By: Date:
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