The Arizona State Schools for the Deaf and the Blind violated federal disability law last spring when it restricted placement options for students and predetermined where they should attend, the Arizona State Department of Education says.
As it prepared to and move 15 miles away to Oro Valley, ASDB told its blind and low-vision students, along with those who lived in ASDB鈥檚 school dorms, they must attend a school starting in the 2026-27 school year.
In a July 10 letter to Annette Reichman, the state says families were not given all the options for where to place their students this coming school year, and that ASDB did not comply with the .
According to the letter, the department of education 鈥渃oncludes that (ASDB) predetermined the placement of students and similarly situated students who are blind, visually impaired or receiving residential services for the 2026-27 school year in violation of the regulations that implement the Individuals with Disabilities Education Act.鈥�
The Department of Education appointed a 鈥渟pecial monitor to oversee implementation of all corrective actions,鈥� the letter says.
ASDB, which moved the deaf and hard of hearing students to a vacated Oro Valley elementary school earlier this month, has until Aug. 28 to respond to the state, the letter says.
鈥淭he state findings mean a victory for us. I think it鈥檚 a little bit of validation,鈥� said Derrall Peach, dad of , who has a visual impairment and has autism. 鈥淲e鈥檝e been going and fighting this for six months.鈥�
ASDB Policy and Government Relations Director Maria Murphy told Arizona Luminaria via email, it is reviewing the report findings 鈥渨ith legal counsel to determine the feasible next steps.鈥�
Families of the displaced students in February to delay the school closure. A Pima County Superior Court judge denied that request.
In May, the University of Arizona James E. Rogers College of Law鈥檚 worked with families to file a complaint with the state. The clinic, which usually has about nine students, provides free legal help and works to support students鈥� rights in area schools by providing legal representation in school discipline and special education matters.
The redacted investigative report within the letter documents some ASDB student and family experiences as each student was evaluated for their Individual Education Program. That IEP is crucial for any student with special needs. Usually evaluated yearly, it is a written document for public school students who qualify for special services. It outlines student needs and goals and the support and instruction a school will provide.
Parents, therapists, counselors and teachers were also in these meetings with ASDB representatives and the student鈥檚 home district. The UA clinic observed families were not told all the options under the law.
鈥淚EP teams are supposed to consider a full continuum of services to determine where to serve a student,鈥� said UA Associate Clinical Professor of Law Diana Newmark, the clinic鈥檚 director.
鈥淏ut in this case, parents were going into meetings being told essentially 鈥榊ou don鈥檛 get the full menu. You don鈥檛 get all of the options that should be on the table,鈥欌�� she told Arizona Luminaria. 鈥溾�橶e decided we鈥檙e sending you back to the school district. A specialized school like ASDB is just not one of your options. And it鈥檚 very clear under special education law that鈥檚 not the way that these decisions are supposed to be made.
鈥淚t鈥檚 abundantly clear under the law that the decision should be driven by the students鈥� individual characteristics and their individual need. It should not be driven by programmatic decisions, administrative choices and so on.鈥�
The state says ASDB must re-examine the cases for each student who was found to have a predetermined decision. Some ASDB students came from areas throughout the state, including Sierra Vista or Whiteriver on the Fort Apache Indian Reservation, where services may not exist.
Other options for the displaced students include incorporating blind and visually impaired students into the Oro Valley campus or placing students at the new Tucson School for the Blind with their IEP.
鈥淭he ADE decision means that we will hold an IEP meeting for each student who was referred to TUSD from ASDB to review the continuum of placement options and to make a final decision regarding the student鈥檚 least restrictive environment,鈥� Sabrina Salmon, TUSD鈥檚 executive director for exceptional education told Arizona Luminaria. Currently, TUSD has five former ASDB students enrolled at three campuses for next school year, including , and , Salmon said.
The case reviews are welcome, current and former ASDB families say, acknowledging it鈥檚 been a roller coaster year of unknowns for their students.
In January, were told ASDB faced a projected $3 million deficit and must cut costs. Reichman cited lack of federal and state funds, declining birth rates resulting in lower enrollment, more complicated student needs, and deteriorating buildings and infrastructure as the primary reasons for all the changes.
ASDB had 114 students last year. Its 56-acre campus on West Speedway Boulevard was built for about 400 students more than 100 years ago. A second ASDB campus operates in Phoenix. The Oro Valley campus includes grades K-12.
鈥淲e鈥檝e had so much uncertainty and blatant disrespect by the ASDB administration in regards to our family and our family鈥檚 needs and taking care of our kids,鈥� Peach said. 鈥淭hey just ignored us. They ignored the community, they ignored our families, and they just kept doing what they were gonna do, knowing they were violating the law.鈥�
The state also found school placement sites seemed predetermined for students, the letter states.
鈥淚f the school district or local education agency like ASDB makes a decision about where the child will be placed prior to the meeting, then that鈥檚 called predetermination,鈥� Newmark said. 鈥淲hen the agency predetermines the student鈥檚 IEP, that denies the parent meaningful participation. The idea is that no matter how the parent might participate, no matter what kind of information they could provide, no matter what the teachers might say or what information the related service providers might share, it doesn鈥檛 matter.鈥�
At Nani鈥檚 first IEP meeting of 2026, 13 people were in the room, her dad said. It took two hours to go through her recommendations.
鈥淚t was a very tense conversation,鈥� Derrall said. 鈥淣o answers to any questions were given, but a lot of promises were made: 鈥榃e鈥檙e gonna have all these things in place for your child.鈥� Pretty much telling us we鈥檙e gonna have a mini-ASDB ready for our kid.鈥�
The second meeting in April 鈥渨e left sad and hopeless,鈥� Nani鈥檚 mom, Denise Peach said.
Even though the staff and teachers that work with Nani daily, disagreed verbally in the meeting with ASDB鈥檚 plan of pushing Nani to a Tucson Unified School District school (her home district), the school itself ignored the recommendations 鈥渂ecause they already predetermined where she was going to go,鈥� Derrall said.
Nani, who loves math and music and played Dorothy in 鈥� in April, will attend the beginning next month. The new nonprofit private school for students who are blind or visually impaired was started by former ASDB teachers and staff.
The idea for the school at 149 N. Stone Ave. was born in February. It will serve grades K-12 beginning Aug. 3 and has about 15 students registered, nearly all former ASDB learners. The school has nine staffers so far 鈥� from speech and occupational therapists to instructional aides and full-time teachers 鈥� many of whom have worked for ASDB, which about 60 employees here.
鈥淭here鈥檚 more to this,鈥� Derrall said. 鈥淚 don鈥檛 know honestly that Nani can fully comprehend what鈥檚 going on. Because we鈥檝e been telling her about it 鈥� not to overwhelm her 鈥� but she is excited about her new school. But she is not happy that she is not going to ASDB anymore.鈥�
___
This story was originally published by and distributed through a partnership with The Associated Press.
Copyright © 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
