0.7 Arizona school law review: chapter 5

Chapter 5:employees (15-502 through 15-551)

Questions in this chapter are directed toward ascertaining district compliance with state law including the following areas: Employment of Administrative Personnel; Duties of Teachers; Certification, Employment and Evaluation of Teachers; Reporting of Child Abuse; Wages; and Discrimination.

Ars†15-0502 employment of school district personnel; actions affecting employees; limitation; exception

Does the governing board employ and fix the salaries and benefits of employees necessary for the succeeding year. The contracts of all certificated employees shall be in writing and all employees shall be employed subject to ARS 38-481. Is the governing board aware that they may obtain the services of any employee, including teachers, and administrators by contracting with a private entity.

Does the Governing Board ensure that a teacher shall not be employed if the teacher has not received a certificate for teaching, granted by the proper authorities? Does the Governing Board also require that any contract issued to a teacher who has completed certificate requirements but has only received a conditional certificate, providing that the teacher files the conditional certificate with the county school superintendent and the certificate is issued within three months of the date of commencing employment? Any contract that is issued to a teacher who has completed certificate requirements but has not received a certificate shall be contingent upon receipt of such a certificate.

Does the Governing Board ensure that no dependent, as defined in ARS 43-1001 of a Governing Board member be employed in the school district except by consent of the Board? (Also see 15-421 in Chapter 4.)

If the Governing Board chooses, they may employ certificated teachers as part-time classroom teachers. If employed for at least 40% of the school day or for 40% of the class load of full-time teachers then such teachers do not lose the entitlement to procedures prescribed in 15-538.01.

Is the governing board aware that they may employ a business manager who has expertise in finance as defined in section ARS 15-502 E.

If an employee is discharged from the service of a school district, does the district pay the wages due to the employee within 10 calendar days from the date of the discharge?

Does the Governing board ensure that it has policies and procedures to provide teachers with personal liability insurance?

Does the Governing Board ensure that, notwithstanding any other law, a school district shall not adopt policies that provide employment retention priority for teachers based on tenure or seniority.

[ ] Yes [ ]No

Ars†15-0503 superintendents, principals and head teachers; term of employment

If a district employs a superintendent or a principal, or both, does the district offer a term of employment not to exceed three years and determine the qualifications for the superintendent by action taken at a public meeting. The term of employment may be for any period not exceeding three years, except that if the superintendent’s or principals contract is for multiple years the school district shall not offer to extend or renegotiate the contract until May of the year preceding the final year of the contract.