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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Education
Chapter : SCHOOL EMPLOYEES
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15-501 Definitions
In this chapter, unless the context otherwise requires:
1. "Administrator" means any school district administrator except a school
principal devoting not less than fifty per cent of his time to classroom teaching.
2. "Certificated teacher" means a person who holds a certificate from the state
board of education to work in the schools of this state and who is employed under
contract in a school district in a position which requires certification except a
psychologist or an administrator devoting less than fifty per cent of his time to
classroom teaching.
3. "Full-time" means employed for a full school day, or its equivalent, or for a
full class load, or its equivalent, as determined by the governing board.
4. "Governing board" means the governing board of a school district or a county
school superintendent in the case of accommodation schools located in such county.
5. "Major portion of a school year" means full-time employment for fifty-one per
cent of the school days during which school is in session, except that a certificated
teacher is not deemed to have completed the major portion of the third school year of
three consecutive years of employment until the end of the third school year.
6. "Superintendent" means the superintendent of schools of a school district.
7. "Suspension without pay" means suspension without pay for a period of time not
to exceed ten school days.
15-502 Employment of school district personnel; payment of wages of discharged employee
A. The governing board may at any time 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 the provisions of
section 38-481. The governing board may obtain the services of any employee, including
teachers, substitute teachers and administrators, by contracting with a private entity
that employs personnel required by the school district.
B. A teacher shall not be employed if the teacher has not received a certificate
for teaching granted by the proper authorities. If a teacher has filed an application
and completed all of the requirements for a certificate but time does not allow a teacher
to receive a certificate before the commencement of employment, the conditional
certificate shall serve as a certificate for the payment of wages, provided 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. In order
to be paid wages beyond the three month period prescribed in this subsection, the teacher
shall file the certificate with the county school superintendent. Any contract issued to
a teacher who has completed certificate requirements but has not received a certificate
shall be specifically contingent upon receipt of such a certificate. The governing board
of a school district that is subject to section 15-914.01 shall adhere to the duties
described in section 15-302, subsection A, paragraph 9 for purposes of this subsection.
C. No dependent, as defined in section 43-1001, of a governing board member may be
employed in the school district in which the person to whom such dependent is so related
is a governing board member, except by consent of the board.
D. The governing board may employ certificated teachers under contract as part-time
classroom teachers. Notwithstanding any other statute, a certificated teacher who has
been employed by the school district for more than the major portion of three consecutive
school years does not lose the entitlement to the procedures prescribed in sections
15-538.01, 15-539 through 15-544 and 15-547 if the teacher is employed under contract on
a part-time basis for at least forty per cent time. As used in this subsection, "forty
per cent time" means employed for at least forty per cent of the school day required of
full-time teachers of the same grade level or for at least forty per cent of the class
load assigned to full-time teachers of the same grade level, as determined by the
governing board.
E. Notwithstanding sections 23-351 and 23-353, if an employee is discharged from
the service of a school district, the school district shall pay the wages due to the
employee within ten calendar days from the date of discharge.
F. Each school district shall establish policies and procedures to provide teachers
with personal liability insurance.
15-503 Superintendents, principals, head teachers and school psychologists; term of employment; evaluation; contract delivery; nonretention notice
A. The governing board may:
1. Employ a superintendent or principal, or both.
2. Appoint a head teacher.
3. Jointly with another governing board employ a superintendent or a principal, or
both.
B. The term of employment of superintendents or principals may be for any period
not exceeding three years, except that if the superintendent's or principal's contract
with the school district is for multiple years pursuant to this subsection the school
district shall not offer to extend or renegotiate the contract until May of the year
preceding the final year of the contract. The school district governing board or the
governing body of the charter school shall communicate the superintendent's or
principal's duties with respect to the classroom site fund established by section 15-977.
C. The governing board shall establish systems for the evaluation of the
performance of principals and other school administrators and certificated school
psychologists in the school district. In the development and adoption of these
performance evaluation systems, the governing board shall avail itself of the advice of
its administrators and certificated school psychologists. Each evaluation shall include
recommendations as to areas of improvement in the performance of the certificated school
psychologist if the performance of the certificated school psychologist warrants
improvement. After transmittal of an assessment, a board designee shall confer with the
certificated school psychologist to make specific recommendations as to areas of
improvement in the certificated school psychologist's performance. The board designee
shall provide assistance and opportunities for the certificated school psychologist to
improve his performance and shall follow up with the certificated school psychologist
after a reasonable period of time for the purpose of ascertaining that the certificated
school psychologist is demonstrating adequate performance. The evaluation process for
certificated school psychologists shall include appeal procedures for certificated school
psychologists who disagree with the evaluation of their performance, if the evaluation is
for use as criteria for establishing compensation or dismissal.
D. On or before May 15 the governing board shall offer a contract for the next
school year to each certified administrator and certificated school psychologist who is
in the last year of his contract unless, on or before April 15, the governing board, a
member of the board acting on behalf of the board or the superintendent of the school
district gives notice to the administrator or certificated school psychologist of the
board's intention not to offer a new contract. If the governing board has called for an
override election for the third Tuesday in May as provided in section 15-481, the
governing board shall offer a contract for the next school year to each certified
administrator or certificated school psychologist who is in the last year of his contract
on or before June 15 unless, no later than five days after the override election
excluding Saturday, Sunday and legal holidays, the governing board, a member of the board
acting on behalf of the board or the superintendent of the school district gives notice
to the administrator or the certificated school psychologist of the board's intention not
to offer a new contract. The administrator's or the certificated school psychologist's
acceptance of the contract shall be indicated within thirty days from the date of the
written contract or the offer is revoked. The administrator or certificated school
psychologist accepts the contract by signing the contract and returning it to the
governing board or by making a written instrument which accepts the terms of the contract
and delivering the written instrument to the governing board.
E. Notice of the board's intention not to reemploy the administrator or
certificated school psychologist shall be made by delivering the notice personally to the
administrator or the certificated school psychologist or by sending the notice by
certified mail, postmarked on or before the applicable deadline prescribed in subsection
D of this section, and directed to the administrator or the certificated school
psychologist at his place of residence as recorded in the school district records.
15-505 Examination of persons displaying symptoms of pulmonary disease
A school district employee shall not be required to submit to annual or other
regular periodic examinations for tuberculosis, except that in instances where such
employee displays symptoms of pulmonary disease the governing board may require such
employee to submit to such tests or examinations as a licensed physician deems
appropriate.
15-506 Flag display; recitation of the pledge of allegiance
School authorities shall purchase a United States flag, flagstaff and appurtenances,
display the flag upon or near the school building during school hours and at such other
times as they direct and set aside a specific time each day for those students who wish
to recite the pledge of allegiance to the United States flag.
15-507 Abuse of teacher or school employee in school; classification
A person who knowingly abuses a teacher or other school employee on school grounds
or while the teacher or employee is engaged in the performance of his duties is guilty of
a class 3 misdemeanor.
15-508 Dismissal for failure to comply with certain laws
Wilful neglect or failure on the part of a school superintendent, principal, teacher
or other officer of a school to observe and carry out the requirements of sections 15-532
and 15-710 is sufficient cause for dismissal or removal of such person from his position,
and the superintendent of public instruction shall make necessary arrangements for
carrying out the provisions of this section.
15-509 Failure to comply with statutes as unprofessional conduct; penalty
A certificated person who fails to comply with section 15-501, 15-507 or 15-508 is
guilty of unprofessional conduct and the certificated person's certificate shall be
revoked. 15-510 Authorization of leaves of absence; application; preservation of rights
A. The governing board may authorize leaves of absence for school district
personnel when it deems such leaves of absence to be reasonable and for good cause and
not detrimental to education within the school district.
B. Leaves of absence shall be limited to a period of not to exceed one year.
C. Leaves of absence shall be granted upon application stating the purpose of the
leave of absence, the facts as to its necessity or advisability and other information
helpful to the governing board in making a determination as to whether the leave should
be granted.
D. Sabbatical leaves of absence may be granted by the governing board to
certificated teachers and administrators under this section upon the following additional
conditions for the following purposes only:
1. Sabbatical leave of absence may be granted only for the purposes of continuing
professional education.
2. Sabbatical leave may not exceed a period of one year and may only be granted to
a certificated teacher or an administrator who has been employed by the school district
for a period of seven consecutive years immediately prior to the time the sabbatical
leave is to commence, and who has not previously been granted a sabbatical leave of
absence by the governing board.
3. The governing board may authorize a salary to be paid to the person to whom
sabbatical leave is granted of not to exceed one-half of the salary then received by him.
4. The salary shall be paid to such person upon the condition that he shall return
not later than one year after commencement of the sabbatical leave for renewal of
employment for at least one school year, and unless he returns within such period, he
shall repay to the school district the amount paid to him during the leave period, and,
unless such amount is so paid, the governing board shall direct the county attorney to
institute suit against such person to collect such amount.
E. If leave is granted, all rights prescribed in sections 15-538.01, 15-539 through
15-544 and 15-547 for certificated teachers who have been employed by the school district
for more than the major portion of three consecutive school years and all rights of
retirement, accrued leave with pay, salary increments and other benefits provided by law
shall be preserved and available to the employee after the termination of the leave of
absence.
15-511 Use of school district or charter school resources or employees to influence elections; prohibition; civil penalty; definition
A. A person acting on behalf of a school district or a person who aids another
person acting on behalf of a school district shall not use school district or charter
school personnel, equipment, materials, buildings or other resources for the purpose of
influencing the outcomes of elections. Notwithstanding this section, a school district
may distribute informational reports on a proposed budget override election as provided
in section 15-481, subsections B and C or informational reports on a proposed bond
election as provided in section 15-491, subsection D. Nothing in this section precludes a
school district from reporting on official actions of the governing board.
B. An employee of a school district or charter school who is acting as an agent of
or working in an official capacity for the school district or charter school may not give
pupils written materials to influence the outcome of an election or to advocate support
for or opposition to pending or proposed legislation.
C. Employees of a school district or charter school may not use the authority of
their positions to influence the vote or political activities of any subordinate
employee.
D. Nothing contained in this section shall be construed as denying the civil and
political liberties of any person as guaranteed by the United States and ARIZONA
Constitutions.
E. By January 1, 2004, the attorney general shall publish and distribute to school
districts and charter schools a detailed guideline regarding activities prohibited under
this section. The attorney general may distribute these guidelines through a web site or
electronically.
F. The attorney general or the county attorney for the county in which an alleged
violation of this section occurred may initiate a suit in the superior court in the
county in which the school district or charter school is located for the purpose of
complying with this section.
G. For each violation of this section, the court may impose a civil penalty not to
exceed five hundred dollars plus any amount of misused funds subtracted from the school
district budget against a person who knowingly violates or a person who knowingly aids
another person in violating this section. The person determined to be out of compliance
with this section shall be responsible for the payment of all penalties and misused
funds. School district funds or insurance payments shall not be used to pay these
penalties or misused funds. All misused funds collected pursuant to this section shall be
returned to the school district or charter school whose funds were misused.
H. An attorney acting on behalf of a public school may request a legal opinion of
the county attorney or attorney general as to whether a proposed use of school district
resources would violate this section.
I. All penalties collected by the court for a suit initiated in superior court by
the attorney general shall be paid to the office of the attorney general for the use and
reimbursement of costs of prosecution pursuant to this section. All penalties collected
by the court for a suit initiated in superior court by a county attorney shall be paid to
the county treasurer of the county in which the court is held for the use and
reimbursement of costs of prosecution pursuant to this section.
J. For the purposes of this section, "misused funds" means school district monies
or resources used pursuant to subsection A of this section. 15-512 Noncertificated personnel; fingerprinting personnel; background investigations; affidavit; civil immunity; violation; classification; definition
A. Noncertificated personnel and personnel who are not paid employees of the school
district and who are not either the parent or the guardian of a pupil who attends school
in the school district but who are required or allowed to provide services directly to
pupils without the supervision of a certificated employee and who are initially hired by
a school district after January 1, 1990 shall be fingerprinted as a condition of
employment except for personnel who are required as a condition of licensing to be
fingerprinted if the license is required for employment or for personnel who were
previously employed by a school district and who reestablished employment with that
district within one year after the date that the employee terminated employment with the
district. A school district may release the results of a background check to another
school district for employment purposes. The employee's fingerprints and the form
prescribed in subsection D of this section shall be submitted to the school district
within twenty days after the date an employee begins work. A school district may
terminate an employee if the information on the form provided under subsection D of this
section is inconsistent with the information received from the fingerprint check. The
school district shall develop procedures for fingerprinting employees. For the purposes
of this subsection, "supervision" means under the direction of and, except for brief
periods of time during a school day or a school activity, within sight of a certificated
employee when providing direct services to pupils.
B. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.
C. The school district shall assume the costs of fingerprint checks and may charge
these costs to its fingerprinted employee, except that the school district may not charge
the costs of the fingerprint check to personnel of the school district who are not paid
employees. The fees charged for fingerprinting shall be deposited with the county
treasurer who shall credit the deposit to the fingerprint fund of the school
district. The costs charged to a fingerprinted employee are limited to and the proceeds
in the fund may only be applied to the actual costs, including personnel costs, incurred
as a result of the fingerprint checks. The fingerprint fund is a continuing fund which
is not subject to reversion.
D. Personnel required to be fingerprinted as prescribed in subsection A of this
section shall certify on forms that are provided by the school and notarized whether they
are awaiting trial on or have ever been convicted of or admitted in open court or
pursuant to a plea agreement committing 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 or second degree murder.
4. Kidnapping.
5. Arson.
6. Sexual assault.
7. Sexual exploitation of a minor.
8. Felony offenses involving contributing to the delinquency of a minor.
9. Commercial sexual exploitation of a minor.
10. Felony offenses involving sale, distribution or transportation of, offer to
sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana
or dangerous or narcotic drugs.
11. Felony offenses involving the possession or use of marijuana, dangerous drugs or
narcotic drugs.
12. Misdemeanor offenses involving the possession or use of marijuana or dangerous
drugs.
13. Burglary in the first degree.
14. Burglary in the second or third degree.
15. Aggravated or armed robbery.
16. Robbery.
17. A dangerous crime against children as defined in section 13-604.01.
18. Child abuse.
19. Sexual conduct with a minor.
20. Molestation of a child.
21. Manslaughter.
22. Aggravated assault.
23. Assault.
24. Exploitation of minors involving drug offenses.
E. A school district may refuse to hire or may review or terminate personnel who
have been convicted of or admitted committing any of the criminal offenses prescribed in
subsection D of this section or of a similar offense in another jurisdiction. A school
district which is considering terminating an employee pursuant to the provisions of this
subsection shall hold a hearing to determine whether a person already employed shall be
terminated. In conducting a review, the governing board shall utilize the guidelines,
including the list of offenses that are not subject to review, as prescribed by the state
board of education pursuant to section 15-534, subsection C. In considering whether to
hire or terminate the employment of a person the governing board shall take into account
the following factors:
1. The nature of the crime and the potential for crimes against children.
2. Offenses committed as a minor for which proceedings were held under the
jurisdiction of a juvenile or an adult court.
3. Offenses that have been expunged by a court of competent jurisdiction, if the
person has been pardoned or if the person's sentence has been commuted.
4. The employment record of the person since the commission of the crime if the
crime was committed more than ten years before the governing board's consideration of
whether to hire or terminate the person.
5. The reliability of the evidence of an admission of a crime unless made under
oath in a court of competent jurisdiction.
F. Before employment with the school district, the district shall make documented,
good faith efforts to contact previous employers of a person to obtain information and
recommendations which may be relevant to a person's fitness for employment. A governing
board shall adopt procedures for conducting background investigations required by this
subsection, including one or more standard forms for use by school district officials to
document their efforts to obtain information from previous employers. A school district
may provide information received as a result of a background investigation required by
this section to any other school district, to any other public school and to any public
entity that agrees pursuant to a contract or intergovernmental agreement to perform
background investigations for school districts or other public schools. School districts
and other public schools may enter into intergovernmental agreements pursuant to section
11-952 and cooperative purchasing agreements pursuant to rules adopted in accordance with
section 15-213 for the purposes of performing or contracting for the performance of
background investigations and for sharing the results of background investigations
required by this subsection. Information obtained about an employee or applicant for
employment by any school district or other public school in the performance of a
background investigation may be retained by that school district or the other public
school or by any public entity that agrees pursuant to contract to perform background
investigations for school districts or other public schools and may be provided to any
school district or other public school that is performing a background investigation
required by this subsection.
G. A school district may fingerprint any other employee of the district, whether
paid or not, or any other applicant for employment with the school district not otherwise
required by this section to be fingerprinted on the condition that the school district
may not charge the costs of the fingerprint check to the fingerprinted applicant or
nonpaid employee.
H. Subsection A of this section does not apply to a person who provides instruction
or other education services to a pupil, with the written consent of the parent or
guardian of the pupil, under a work release program, advance placement course or other
education program that occurs off school property.
I. Public entities that agree pursuant to contract to perform background
investigations, public schools, the department of education and previous employers who
provide information pursuant to this section are immune from civil liability unless the
information provided is false and is acted on by the school district to the harm of the
employee and the public entity, the public school, the previous employer or the
department of education knows the information is false or acts with reckless disregard of
the information's truth or falsity. A school district which relies on information
obtained pursuant to this section in making employment decisions is immune from civil
liability for use of the information unless the information obtained is false and the
school district knows the information is false or acts with reckless disregard of the
information's truth or falsity.
J. The superintendent of a school district or chief administrator of a charter
school or the person's designee who is responsible for implementing the governing board's
policy regarding background investigations required by subsection F of this section and
who fails to carry out that responsibility is guilty of unprofessional conduct and shall
be subject to disciplinary action by the state board.
K. A school district may hire noncertificated personnel before receiving the
results of the fingerprint check but may terminate employment if the information on the
form provided in subsection D of this section is inconsistent with the information
received from the fingerprint check. In addition to any other conditions or requirements
deemed necessary by the superintendent of public instruction to protect the health and
safety of pupils, noncertificated personnel who are required or allowed unsupervised
contact with pupils may be hired by school districts before the results of a fingerprint
check are received if all of the following conditions are met:
1. The school district that is seeking to hire the applicant shall document in the
applicant's file the necessity for hiring and placement of the applicant before a
fingerprint check could be completed.
2. The school district that is seeking to hire the applicant shall do all of the
following:
(a) Ensure that the department of public safety completes a statewide criminal
history information check on the applicant. A statewide criminal history information
check shall be completed by the department of public safety every one hundred twenty days
until the date that the fingerprint check is completed.
(b) Obtain references from the applicant's current employer and two most recent
previous employers except for applicants who have been employed for at least five years
by the applicant's most recent employer.
(c) Provide general supervision of the applicant until the date that the
fingerprint check is completed.
(d) Report to the superintendent of public instruction on June 30 and December 31
the number of applicants hired prior to the completion of a fingerprint check. In
addition, the school district shall report the number of applicants for whom fingerprint
checks were not received after one hundred twenty days and after one hundred seventy-five
days of hire.
L. Notwithstanding any other law, this section does not apply to pupils who attend
school in a school district and who are also employed by a school district.
M. A person who makes a false statement, representation or certification in any
application for employment with the school district is guilty of a class 3 misdemeanor.
N. For the purpose of this section, "background investigation" means any
communication with an employee's or applicant's former employer that concerns the
education, training, experience, qualifications and job performance of the employee or
applicant and that is used for the purpose of evaluating the employee or applicant for
employment. Background investigation does not include the results of any state or federal
criminal history records check.
15-513 Transportation employees; chemical abuse education; drug tests; costs; termination from employment; appeal; definition
A. Beginning on January 1, 1991, a transportation employee shall submit to drug and
alcohol testing if the supervisor of the employee, or the supervisor's designee, has
probable cause that the employee's job performance has been impaired by the use of
alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be based on
observance of the employee by district personnel or personnel of a contracting person or
entity which furnishes transportation services to the school district and shall be
documented by an affidavit signed by the person who has observed the behavior and the
supervisor of the employee or the supervisor's designee.
B. A transportation employee shall submit to drug and alcohol testing after an
accident involving a vehicle used to transport pupils or an accident involving equipment
used in the performance of the employee's duties if the supervisor of the employee, or
the supervisor's designee, has probable cause, based on knowledge of the events and
circumstances of the accident, that the employee's involvement in the accident was
influenced by the use of alcohol or a drug in violation of title 13, chapter
34. Probable cause shall be documented by an affidavit signed by the supervisor of the
employee, or the supervisor's designee.
C. School districts shall develop procedures for drug and alcohol testing of
transportation employees as provided in the section.
D. The school district shall assume the costs of the drug and alcohol testing of a
transportation employee. If the results of a test are positive, the school district may
charge the costs of the test to the tested employee. The costs charged to the employee
are limited to the actual costs incurred as a result of testing. If the results of a
test are negative, the school district shall not charge the costs of testing to the
tested employee.
E. A transportation employee who refuses to submit to drug and alcohol testing or
whose test results are positive may be terminated from employment. School districts
shall develop a procedure for an employee to appeal the test findings before termination
of the employee.
F. An employee who is terminated or otherwise disciplined under this section shall
be entitled to all appeal and review rights the employee would have as a district
employee or by contract with another person or entity which furnishes transportation
services to the school district.
G. For purposes of this section, "transportation employee" means an individual who
is employed by the school district, or by another person or entity which furnishes
transportation services to the school district, as the driver of a vehicle used to
transport pupils, as a person involved in the maintenance and service of vehicles used to
transport pupils, as a person involved in the dispatching or supervision of persons
employed as drivers of vehicles used to transport pupils or persons involved in the
maintenance and service of vehicles used to transport pupils.
15-514 Reports of immoral or unprofessional conduct; immunity
A. Any certificated person or governing board member who reasonably suspects or
receives a reasonable allegation that a person certificated by the state board of
education has engaged in conduct involving minors that would be subject to the reporting
requirements of section 13-3620 shall report or cause reports to be made to the
department of education in writing as soon as is reasonably practicable but not later
than three business days after the person first suspects or receives an allegation of the
conduct.
B. The superintendent of a school district or the chief administrator of a charter
school who reasonably suspects or receives a reasonable allegation that an act of immoral
or unprofessional conduct that would constitute grounds for dismissal or criminal charges
by a certificated person has occurred shall report the conduct to the department of
education.
C. A person who reports or provides information pursuant to this section regarding
the immoral or unprofessional conduct of a certificated person in good faith is not
subject to an action for civil damages as a result.
D. A governing board or school or school district employee who has control over
personnel decisions shall not take unlawful reprisal against an employee because the
employee reports in good faith information as required by this section. For the purposes
of this subsection "unlawful reprisal" means an action that is taken by a governing board
as a direct result of a lawful report pursuant to this section and, with respect to the
employee, results in one or more of the following:
1. Disciplinary action.
2. Transfer or reassignment.
3. Suspension, demotion or dismissal.
4. An unfavorable performance evaluation.
5. Other significant changes in duties or responsibilities that are inconsistent
with the employee's salary or employment classification.
E. Failure to report information as required by this section by a certificated
person constitutes grounds for disciplinary action by the state board of education.
F. A governing board or school district employee who has control over personnel
decisions and who reasonably suspects or receives a reasonable allegation that a person
certificated by the state board of education has engaged in conduct involving minors that
would be subject to the reporting requirements of section 13-3620 and this article shall
not accept the resignation of the certificate holder until these suspicions or
allegations have been reported to the state board of education.
15-515 Duty to report violations occurring on school premises
All school personnel who observe a violation of section 13-3102, subsection A,
paragraph 12 or section 13-3111 on school premises shall immediately report the violation
to the school administrator. The administrator shall immediately report the violation to
a peace officer. The peace officer shall report this violation to the department of
public safety for inclusion in the statewide and federal uniform crime reports prescribed
in section 41-1750, subsection A, paragraph 2.
15-516 Teacher immunity
A full-time certificated teacher is immune from personal liability for all acts done
and actions taken in good faith in evaluating or grading any student. 15-521 Duties of teachers
Every teacher shall:
1. Hold pupils to strict account for disorderly conduct.
2. Keep a school register, which the governing board shall carefully preserve as
one of the records of the school.
3. Make the decision to promote or retain a pupil in grade in a common school or to
pass or fail a pupil in a course in high school. Such decisions may be overturned only
as provided in section 15-342, paragraph 11.
4. Comply with all rules and policies of the governing board that relate to the
duties prescribed in this section.
15-531 Fees
The state board of education may fix and collect fees for:
1. Issuance and evaluation, singly or both, including provisional, basic or
standard teaching certificate, administrative, specialized service, nurse, career and
technical education, vocational education or substitute, special subject endorsements
including guidance-counselor, art, music, physical education, industrial arts, librarian
or driver training, one year and multi-year certificates including adult education,
emergency or intern certificates, not less than twenty dollars and not more than thirty
dollars.
2. Renewal of any certificate, name changes, duplicates or changes of coding to
existing files or certificates, not less than ten dollars and not more than twenty
dollars.
3. Administration and evaluation of the examination on the Constitutions of the
United States and ARIZONA, not less than six dollars and not more than twelve dollars for
regularly scheduled administrations and not less than twelve dollars and not more than
twenty dollars for administrations other than regularly scheduled administrations.
4. Administration and evaluation of the reading, grammar and mathematics
proficiency examination for applicants for teaching certificates, not less than ten
dollars and not more than twenty dollars.
15-532 Examination on state and United States constitutions; exemption; intergovernmental agreement or contract for administration and evaluation
A. A person applying for a certificate authorizing the person to become
superintendent, principal or teacher in a school shall, in addition to fingerprinting and
other requirements, either complete the required classes or pass a satisfactory
examination upon the provisions and principles of the Constitutions of the United States
and ARIZONA.
B. A person who has not met the requirements of this section at the time
application is made but who has met all other requirements shall be granted a certificate
for not more than three years, except that a person who has not met the requirements of
this section but who has met all other requirements and who applies for a certificate
authorizing the person to teach an academic course that focuses predominantly on history,
government, social studies, citizenship, law or civics shall be granted a certificate for
not more than one year. No additional certificate may be granted until all requirements
have been fulfilled as provided by the regulations of the state board of education
governing certification of teachers.
C. A noncertified person, qualified under the federal and state plans for
vocational education, shall be exempt from the provisions of this section for the purpose
of acting as an instructor for special adult and evening classes.
D. The state board of education may enter into intergovernmental agreements or
contracts pursuant to title 11, chapter 7, article 3 for the administration and
evaluation of the examination on the provisions and principles of the Constitutions of
the United States and ARIZONA. Notwithstanding section 15-531, the intergovernmental
agreement or contract shall specify the fee for the administration and evaluation of the
examination and may provide for the retention of all or part of the monies by the
contractor administering and evaluating the examination.
E. A university under the jurisdiction of the ARIZONA board of regents shall
administer the examination required by this section to students who are pursuing a
bachelor of arts degree in education or a bachelor of science degree in education at that
university. 15-533 Proficiency examination
A. To qualify for either a basic or standard teaching certificate, or equivalent
certificate later adopted by the state board of education, a person must pass each
component of the proficiency examination developed and administered by the state board of
education. The proficiency examination shall consist of only a professional knowledge
test and a subject knowledge test. A person is not required to take a component of the
examination if the person has passed a component on a proficiency examination which has
been adopted by a state board of education or equivalent agency in another state and
which has been determined to be equivalent to the applicable component on the examination
prescribed in this section by the state board of education in this state. The state board
of education may grant a basic or standard teaching certificate for not to exceed one
year to a teacher who is a nonresident and who has not met the requirement of this
section at the time of application.
B. A person is not required to pass the proficiency examination or the equivalent
examination more than once, except that a person who passed the examination seven or more
years before qualifying to teach in this state is required to repass the examination.
15-534.01 Withdrawal of applications for administrative deficiencies; denial of applications for substantive deficiencies; certification timeframes
A. If an application for certification is administratively incomplete, as
prescribed in title 41, chapter 6, article 7.1, the department of education or the state
board of education shall issue a written notice requesting the applicant to supply
missing documents or other information. The department of education shall consider an
application for certification withdrawn if, within sixty days after the date of the
notice, the applicant does not supply the documentation or information requested or does
not provide reasonable documented justification for the delay. On receipt of documented
justification, the department of education shall provide an additional thirty days for
the requested documentation or information to be provided before considering an
application withdrawn.
B. If an application for certification is substantively incomplete, as prescribed
in title 41, chapter 6, article 7.1, the department of education or the state board of
education may issue a written notice requesting the applicant to supply additional
documents or other information. The state board of education shall deny an application
for certification if, within sixty days after the date of the notice, the applicant does
not supply the documentation or information requested.
C. If the final day of a deadline imposed by this section falls on a Saturday,
Sunday or other legal holiday, the next business day is the final day of the deadline.
D. A notice of denial of an application for certification issued by the state board
of education pursuant to subsection B of this section shall comply with section 41-1076.
E. A person who has had an application for certification denied by the state board
of education pursuant to subsection B of this section may file a written request for a
hearing with the state board of education within fifteen days after receiving the notice
of denial. The appeal shall be conducted in accordance with title 41, chapter 6, article
6. 15-534.02 Restrictions on applications for certification after the surrender, revocation or denial of certificate
A. A person shall not submit an application for certification with the state board
of education for a period of five years if any of the following occurs:
1. The person surrenders a certificate issued by the state board of education.
2. The person's certificate is revoked by the state board of education on grounds
of immoral or unprofessional conduct pursuant to rules adopted by the state board of
education pursuant to section 15-203.
3. The person's application for certification is denied by the state board of
education on grounds of immoral or unprofessional conduct pursuant to rules adopted by
the state board of education pursuant to section 15-203. This paragraph does not apply
to a person who, after denial of an application for certification, provides additional
information that was not previously considered by the state board of education and that
addresses the grounds on which the state board of education denied the application for
certification.
B. The five year period prescribed in subsection A begins on the date that the
state board of education accepts a surrendered certificate, makes a final decision to
revoke a certificate or makes a final determination to deny an application for
certification.
C. A person who has had a certificate revoked pursuant to section 15-550 is not
eligible to apply for certification with the state board of education.
D. The department of education shall not process an application for certification
submitted by a person who is prohibited from submitting an application pursuant to
subsections A and C of this section.
15-534.03 Service of documents; change of address notice requirement
A. Every notice or decision issued by the state board of education pertaining to
the denial of an application for initial certification or renewal of a certificate or
pertaining to disciplinary action against a certificated person shall be served by
personal delivery 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.
B. Each applicant or certificated person shall inform the department of education
of any change of address within thirty days of the change of address. 15-534 Fingerprinting; review and disciplinary action; violation; classification
A. A person who applies for a certificate as prescribed in section 15-203 shall
have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12,
article 3.1. Applicants who possess a certificate pursuant to section 15-203 and who
apply for additional certificates or who apply for renewal of any certificate shall meet
one of the following requirements:
1. Have a valid fingerprint clearance card issued pursuant to title 41, chapter 12,
article 3.1.
2. Provide proof of the submission of an application for a fingerprint clearance
card. Applicants who have been denied a fingerprint clearance card shall also provide
proof that the applicant qualifies for a good cause exception hearing pursuant to section
41-619.55.
B. A person who is certified pursuant to section 15-203 shall maintain a valid
fingerprint clearance card during the valid period of the person's certificate or
certificates.
C. The state board of education may review and determine whether to renew or not
issue a certificate to an applicant for certification on a finding that the applicant
engaged in conduct that is immoral or unprofessional or engaged in conduct that would
warrant disciplinary action if the person had been certified at the time that the alleged
conduct occurred. The board shall prescribe guidelines for this process.
D. The state board of education may take disciplinary action against or not renew
the certificate of a person on a finding that the certificated person engaged in conduct
that is immoral or unprofessional or engaged in conduct that would warrant disciplinary
action if the person had been certified at the time that the alleged conduct occurred.
The board shall prescribe guidelines for this process.
E. The department of education may issue conditional certification before an
applicant has obtained a valid fingerprint clearance card. A conditional certificate may
be used only for employment in the school district that submits an application to the
department of education for conditional certification pursuant to this subsection. The
state board of education may revoke conditional certification if the information on the
application for a conditional certificate is false or incomplete, the applicant is denied
a fingerprint clearance card or the conditional certificate is used for employment in a
school district other than the school district that is indicated on the application for
conditional certification. In addition to any other conditions or requirements deemed
necessary by the superintendent of public instruction to protect the health and safety of
pupils, conditional certification shall be issued before the applicant obtains a
fingerprint clearance card if all of the following conditions are met:
1. The school district that is seeking to hire the applicant verifies in writing on
a form developed by the department of education the necessity for hiring and placement of
the applicant before a fingerprint check is completed.
2. The school district that is seeking to hire the applicant performs all of the
following:
(a) Ensures that the department of public safety completes a statewide criminal
records check on the applicant. A statewide criminal records check shall be completed by
the department of public safety every one hundred twenty days until the date that the
fingerprint check is completed.
(b) Completes a search of criminal records in all local jurisdictions outside of
this state in which the applicant has lived in the previous five years.
(c) Obtains references from the applicant's current employer and two most recent
previous employers except for applicants who have been employed for at least five years
by the applicant's most recent employer.
(d) Provides general supervision of the applicant until the applicant receives
permanent certification from the department of education.
F. Before employment, schools or school districts shall verify the certification
and fingerprint status of applicants who apply for school or school district positions
that require certification.
G. The state board of education shall notify the department of public safety if the
state board of education receives credible evidence that a person who possesses a valid
fingerprint clearance card either:
1. Is arrested for or charged with an offense listed in section 41-1758.03,
subsection B.
2. Falsified information on the form required by subsection A of this section.
H. A person who makes a false statement, representation or certification in any
application for certification is guilty of a class 3 misdemeanor.
15-535 Sectarian instruction prohibited
A teacher who uses sectarian or denominational books or teaches any sectarian
doctrine or conducts any religious exercises in school is guilty of unprofessional
conduct and his certificate shall be revoked.
15-536 Offer of contract to certificated teacher who has not been employed more than three consecutive school years; acceptance; notice to teacher of intention not to reemploy
A. Subject to the provisions of sections 15-539, 15-540, 15-541, 15-544 and 15-549,
the governing board shall, between March 15 and May 15, offer a teaching contract for the
next ensuing school year to each certificated teacher who has not been employed by the
school district for more than the major portion of three consecutive school years and who
is under a contract of employment with the school district for the current school year,
unless, on or before April 15, the governing board, a member of the board acting on
behalf of the board or the superintendent of the school district gives notice to the
teacher of the board's intention not to offer a teaching contract, unless such teacher
has been dismissed pursuant to section 15-538, 15-539, 15-541 or 15-544. The teacher's
acceptance of the contract for the ensuing year must be indicated within thirty days from
the date of the written contract or the offer is revoked. The teacher accepts the
contract by signing the contract and returning it to the governing board or by making a
written instrument which accepts the terms of the contract and delivering it to the
governing board. If the written instrument includes terms in addition to the terms of
the contract offered by the board, the teacher fails to accept the contract.
B. Notice of the board's intention not to reemploy the teacher shall be by
delivering it personally to the teacher or by sending it by registered or certified mail
bearing a postmark of on or before April 15, directed to the teacher at his place of
residence as recorded in the school district records. The notice shall incorporate a
statement of reasons for not reemploying the teacher. If the reasons are charges of
inadequacy of classroom performance as defined by the governing board pursuant to section
15-539, subsection D, the board, or its authorized representative, shall, at least ninety
days prior to such notice, give the teacher written preliminary notice of his inadequacy,
specifying the nature of the inadequacy with such particularity as to furnish the teacher
an opportunity to correct his inadequacies and overcome the grounds for such charge. The
governing board may delegate to employees of the governing board the general authority to
issue preliminary notices of inadequacy of classroom performance to teachers pursuant to
this subsection without the need for prior approval of each notice by the governing
board. In all cases in which an employee of the governing board issues a preliminary
notice of inadequacy of classroom performance without prior approval by the governing
board, the employee shall report its issuance to the governing board within five school
days. The written notice of intention not to reemploy shall include a copy of any
evaluation pertinent to the charges made and filed with the board.
C. Nothing in this section shall be construed so as to provide a certificated
teacher who has not been employed by the school district for more than the major portion
of three consecutive school years and who has received notice of the board's intention
not to offer a teaching contract with the right to a hearing pursuant to the provisions
of section 15-539, subsection G. 15-537 Performance of certificated teachers; evaluation system
A. The governing board of a school district shall establish a system for the
evaluation of the performance of certificated teachers in the school district. The
objectives of the teacher performance evaluation system are to improve instruction and
maintain instructional strengths. The governing board shall involve its certificated
teachers in the development and periodic evaluation of the teacher performance evaluation
system.
B. The governing board shall prescribe specific procedures for the teacher
performance evaluation system which shall include at least the following elements:
1. A reliable evaluation instrument including specific criteria for measuring
effective teaching performance in each area of the teacher's classroom responsibility.
2. An assessment of the competencies of teachers as they relate to the specific
criteria for measuring teacher performance prescribed in paragraph 1 of this subsection.
3. A specified minimum number and minimum duration of actual classroom observations
of the certificated teacher demonstrating teaching skills by the persons evaluating the
teacher.
4. Specific and reasonable plans for the improvement of teacher performance as
provided in subsection F.
5. Appeal procedures for teachers who disagree with the evaluation of their
performance, if the evaluation is for use as criteria for establishing compensation.
C. A regular evaluation of the performance of each certificated teacher as provided
in this section shall be performed at least twice each year for a teacher who has not
been employed by the school district for more than the major portion of three consecutive
school years and at least once each year for a teacher who has been employed by the
school district for more than the major portion of three consecutive school years. The
governing board may provide for additional teacher performance evaluations as it deems
necessary.
D. The governing board shall designate persons who are qualified to evaluate
teachers to serve as evaluators for the district's teacher performance evaluation
system. The governing board shall ensure that persons evaluating teachers are qualified
to evaluate teachers.
E. An evaluation made as provided in this section shall be in writing, and a copy
shall be transmitted to the certificated teacher within five days after completion of
the evaluation. The certificated teacher may initiate a written reaction or response to
the evaluation.
F. Each evaluation shall include recommendations as to areas of improvement in the
performance of the certificated teacher if the performance of the teacher warrants
improvement. After transmittal of an assessment a board designee shall confer with the
teacher to make specific recommendations as to areas of improvement in the teacher's
performance. The board designee shall provide assistance and opportunities for the
certificated teacher to improve his performance and follow up with the teacher after a
reasonable period of time for the purpose of ascertaining that the teacher is
demonstrating adequate classroom performance.
G. Copies of the assessment and evaluation report of a certificated teacher
retained by the governing board are confidential, do not constitute a public record and
shall not be released or shown to any person except:
1. To the certificated teacher who may make any use of it.
2. To authorized district officers and employees for all personnel matters
regarding employment and contracts and for any hearing which relates to personnel
matters.
3. For introduction in evidence or discovery in any court action between the
governing board and the certificated teacher in which either:
(a) The competency of the teacher is at issue.
(b) The assessment and evaluation were an exhibit at a hearing, the result of which
is challenged.
15-538.01 Offer of contract to certificated teacher employed more than three consecutive school years
A. Subject to the provisions of sections 15-539, 15-540, 15-541, 15-544 and 15-549,
the governing board shall, between March 15 and May 15, offer to each certificated
teacher who has been employed by the school district for more than the major portion of
three consecutive school years and who is under contract of employment with the school
district for the current year a contract renewal for the next ensuing school year unless
on or before May 15 the governing board, a member of the board acting on behalf of the
board or the superintendent of the school district gives notice to the teacher of the
board's intent not to offer a contract and to dismiss the teacher as provided in section
15-539.
B. The teacher's acceptance of the contract must be indicated within thirty days
from the date of the written contract or the offer of a contract is revoked. The teacher
accepts the contract by signing the contract and returning it to the governing board or
by making a written instrument which accepts the terms of the contract and delivering it
to the governing board. If the written instrument includes terms in addition to the
terms of the contract offered by the board, the teacher fails to accept the contract.
C. If dismissal proceedings in reference to the teacher cannot be completed by May
15 through no fault of the governing board or the superintendent, or if the incidents
relied on in whole or in part occurred after May 15, dismissal proceedings may continue
or be initiated.
15-538 Preliminary notice of inadequacy of classroom performance
A. The governing board of any school district shall give any certificated teacher
who has not been employed by the school district for more than the major portion of three
consecutive school years notice of intention to dismiss or not to reemploy if such
intention is based on charges of inadequacy of classroom performance as defined by the
governing board pursuant to section 15-539, subsection D. The governing board, or its
authorized representative, shall, at least ninety days prior to such notice, give the
teacher written preliminary notice of his inadequacy, specifying the nature thereof with
such particularity as to furnish the teacher an opportunity to correct his inadequacies
and overcome the grounds for such charge. The governing board may delegate to employees
of the governing board the general authority to issue preliminary notices of inadequacy
of classroom performance to teachers pursuant to this section without the need for prior
approval of each notice by the governing board. In all cases in which an employee of the
governing board issues a preliminary notice of inadequacy of classroom performance
without prior approval by the governing board, the employee shall report its issuance to
the governing board within five school days. The written notice of intention to dismiss
or not to reemploy shall include a copy of any evaluation pertinent to the charges made
and filed with the governing board.
B. If the preliminary notice required in subsection A of this section is issued as
a result of an intention to dismiss, such preliminary notice shall be given at least
ninety days prior to service of notice of the intention to dismiss. If the preliminary
notice is issued as a result of an intention not to reemploy, such preliminary notice
shall be given no later than January 15. 15-539 Dismissal of certificated teacher; due process; written charges; notice; hearing on request
A. Upon a written statement of charges presented by the superintendent, charging
that there exists cause for the suspension without pay for a period of time greater than
ten school days or dismissal of a certificated teacher of the district, the governing
board shall, except as otherwise provided in this article, give notice to the teacher of
its intention to suspend without pay or dismiss the teacher at the expiration of thirty
days from the date of the service of the notice.
B. Whenever the superintendent presents a statement of charges wherein the alleged
cause for dismissal constitutes immoral or unprofessional conduct, the governing board
may adopt a resolution that a complaint be filed with the department of
education. Pending disciplinary action by the state board of education, the certificated
teacher may be reassigned by the superintendent or placed on administrative leave by the
board pursuant to section 15-540.
C. The governing board shall give a certificated teacher who has been employed by
the school district for more than the major portion of three consecutive school years
notice of intention to dismiss if its intention to dismiss is based on charges of
inadequacy of classroom performance as defined by the governing board pursuant to
subsection D of this section. The governing board or its authorized representative shall
give the teacher a written preliminary notice of inadequacy of classroom performance at
least ten instructional days prior to the start of the period of time within which to
correct the inadequacy and overcome the grounds for the charge. The governing board may
delegate to employees of the governing board the general authority to issue preliminary
notices of inadequacy of classroom performance to teachers pursuant to this section
without the need for prior approval of each notice by the governing board. In all cases
in which an employee of the governing board issues a preliminary notice of inadequacy of
classroom performance without prior approval by the governing board, the employee shall
report its issuance to the governing board within five school days. The written
preliminary notice of inadequacy of classroom performance shall specify the nature of the
inadequacy of classroom performance with such particularity as to furnish the teacher an
opportunity to correct the teacher's inadequacies and overcome the grounds for the
charge. The written preliminary notice of inadequacy of classroom performance shall be
based on a valid evaluation according to school district procedure, shall include a copy
of any evaluation pertinent to the charges made and shall state the date by which the
teacher has to correct the inadequacy and overcome the grounds for the charge. That
evaluation shall not be conducted within two instructional days of any school break of
one week or more. The written preliminary notice of inadequacy of classroom performance
shall allow the teacher not less than eighty-five instructional days within which to
correct the inadequacy and overcome the grounds for the charge. If within the time
specified in the written preliminary notice of inadequacy of classroom performance the
teacher does not demonstrate adequate classroom performance, the governing board shall
dismiss the teacher either within thirty days of the service of a subsequent notice of
intention to dismiss or by the end of the contract year in which the subsequent notice of
intention to dismiss is served unless the teacher has requested a hearing as provided in
subsection G of this section. If the teacher demonstrates adequate classroom performance
during the period allowed to correct such deficiencies as specified in the written
preliminary notice of inadequacy of classroom performance, the governing board may not
dismiss the teacher for the reasons specified in the written preliminary notice of
inadequacy of classroom performance. If the governing board of a school district has
received approval to budget for a career ladder program, the governing board may define
inadequacy of classroom performance by establishing a single level of performance which
is required of all teachers or by establishing more than one required level of
performance. If more than one level is established, the same level of performance for
minimum adequacy shall be required of all teachers who have completed the same number of
years of teaching in the district.
D. The governing board shall develop a definition of inadequacy of classroom
performance that applies to notices issued pursuant to section 15-536, section 15-538 and
this section. The governing board shall develop its definition of inadequacy of classroom
performance in consultation with its certificated teachers. The consultation may be
accomplished by holding a public hearing, forming an advisory committee, providing
teachers the opportunity to respond to a proposed definition or obtaining teacher
approval of a career ladder program which defines inadequacy of classroom performance.
E. Any written statement of charges alleging unprofessional conduct, conduct in
violation of the rules or policies of the governing board or inadequacy of classroom
performance shall specify instances of behavior and the acts or omissions constituting
the charge so that the certificated teacher will be able to prepare a defense. If
applicable, it shall state the statutes, rules or written objectives of the governing
board which the certificated teacher is alleged to have violated and set forth the facts
relevant to each occasion of alleged unprofessional conduct, conduct in violation of the
rules or policies of the governing board or inadequacy of classroom performance.
F. The notice shall be in writing and shall be served upon the certificated teacher
personally or by United States registered or certified mail addressed to the teacher's
last known address. A copy of the charges, together with a copy of this section and
sections 15-501, 15-538.01, 15-540, 15-541, 15-542 and 15-544 through 15-547 shall be
attached to the notice.
G. The certificated teacher who receives notice that there exists cause for
dismissal or suspension without pay shall have the right to a hearing if the teacher
files a written request with the governing board within thirty days of service of
notice. The filing of a timely request shall suspend the imposition of a suspension
without pay or a dismissal pending completion of the hearing.
15-540 Suspension prior to dismissal of a certificated teacher; written charges; salary
A. Upon a written statement of charges adopted by the governing board charging a
certificated teacher of the school district with cause for suspension without pay or
dismissal, the governing board may immediately place the teacher on administrative leave
of absence and give him notice of the administrative leave of absence.
B. The notice of administrative leave of absence shall be in writing and be served
upon the teacher personally or by United States registered mail addressed to the teacher
at his last known address.
C. Any teacher who is placed on administrative leave of absence pursuant to this
section shall continue to be paid regular salary during the period of administrative
leave of absence.
15-541 Hearing on dismissal
A. The governing board shall decide whether to hold a hearing on the dismissal or
suspension without pay for a period of time longer than ten days of a certificated
teacher as provided in this article. If the governing board decides not to hold a
hearing, the governing board shall designate a hearing officer to hold the hearing, hear
the evidence, prepare a record and issue a recommendation to the governing board for
action. The governing board may provide by policy or vote at its annual organizational
meeting that all hearings conducted pursuant to this section will be conducted before a
hearing officer. The hearing officer will be mutually agreed upon by the parties to the
hearing. If the parties cannot mutually agree on a hearing officer, a hearing officer
will be selected by the governing board from a list provided by the department of
education or the American arbitration association. The hearing shall be held not less
than ten nor more than twenty-five days after the request is filed unless all parties to
the hearing mutually agree to a different hearing date, and notice of the time and place
of the hearing shall be given to the teacher not less than three days before the date of
the hearing. The teacher may request that the hearing be conducted in public or
private. At the hearing the teacher may appear in person and by counsel, if desired, and
may present any testimony, evidence or statements, either oral or in writing, in the
teacher's behalf. The governing board or the hearing officer shall prepare an official
record of the hearing, including all testimony recorded manually or by mechanical device,
and exhibits. The teacher who is the subject of the hearing may not request that the
testimony be transcribed unless the teacher agrees in writing to pay the actual cost of
the transcription. Within ten days after a hearing conducted by the governing board, the
board shall determine whether there existed good and just cause for the notice of
dismissal or suspension and shall render its decision accordingly, either affirming or
withdrawing the notice of dismissal or suspension. Within ten days after a hearing
conducted by a hearing officer, the hearing officer shall deliver a written
recommendation to the governing board that includes findings of fact and
conclusions. Parties to the hearing have the right to object to the findings of the
hearing officer and present oral and written arguments to the governing board.
B. A hearing held pursuant to this section may not be conducted by any hearing
officer having a personal interest which would conflict with his or her objectivity in
the hearing. The governing board has an additional ten days to determine whether good
and just cause existed for the notice of dismissal or suspension and shall render its
decision accordingly, either affirming or withdrawing the notice of suspension or
dismissal. Good and just cause does not include religious or political beliefs or
affiliations unless they are in violation of the oath of the teacher.
15-542 Hearing costs; counsel; limitations on evidence; reinstatement
A. The governing board shall pay all expenses of the hearing. The certificated
teacher and the governing board shall pay their own attorney and witness fees, except if
the governing board does not suspend the teacher without pay or dismiss the teacher, the
governing board shall pay all reasonable attorney and witness fees incurred by the
teacher.
B. No witness shall be permitted to testify at the hearing except upon oath or
affirmation. No testimony shall be given or evidence introduced relating to adequacy of
classroom performance which occurred more than four years prior to the date of the
service of the notice. Evidence of records regularly kept by the governing board
concerning the teacher may be introduced, but no decision relating to the suspension
without pay or dismissal of any teacher shall be made based on charges or evidence
relating to adequacy of classroom performance occurring more than four years prior to
service of the notice. The four-year time limit shall not apply to the introduction of
evidence in any area except that relating to adequacy of classroom performance.
C. If a certificated teacher who has been employed by the school district for more
than the major portion of three consecutive school years is placed on administrative
leave of absence pending the hearing, he shall be reinstated within five days after the
governing board renders a decision not to suspend him without pay or dismiss him.
15-543 Appeal from decision of board
A. The decision of the governing board is final unless the certificated teacher
files, within thirty days after the date of the decision, an appeal with the superior
court in the county within which he was employed.
B. The decision of the governing board may be reviewed by the court in the same
manner as the decision made in accordance with the provisions of section 41-785. The
proceeding shall be set for hearing at the earliest possible date and shall take
precedence over all other cases, except older matters of the same character and matters
to which special precedence is otherwise given by law.
15-544 Limitations on reduction of salaries or personnel
A. A governing board may reduce salaries or eliminate certificated teachers in a
school district in order to effectuate economies in the operation of the district or to
improve the efficient conduct and administration of the schools of the school district,
but no reduction in the salary of a certificated teacher who has been employed by the
school district for more than the major portion of three consecutive school years shall
be made except in accordance with a general salary reduction in the school district by
which the teacher is employed, and in such case the reduction shall be applied equitably
among all such teachers.
B. Notice of a general salary reduction shall be given each certificated teacher
affected not later than May 15 before the fiscal year in which the reduction is to take
effect.
C. A certificated teacher dismissed for reasons of economy or to improve the
efficient conduct and administration of the schools of the school district shall have a
preferred right of reappointment in the order of original employment by the governing
board in the event of an increase in the number of certificated teachers or the
reestablishment of services within a period of three years.
D. The provisions of this section do not apply to reductions in salary from monies
from the classroom site fund pursuant to section 15-977.
15-545 Resignation restrictions; unprofessional act; penalty
A certificated teacher shall not resign after signing and returning his contract,
unless the resignation is first approved by the governing board. A teacher who resigns
contrary to this section shall be deemed to commit an unprofessional act and, upon
request of the governing board, shall be subject to such disciplinary action, including
suspension or revocation of certificate, as the state board of education deems
appropriate.
15-546 Rights in employment not vested
The provisions of this article may be modified, amended or repealed at any time and
no person shall be deemed to have acquired any vested right to continuing employment
under or by virtue of any provision of this article.
15-547 Preservation of years of employment
The years of employment of a certificated teacher who has been employed by a school
district for more than the major portion of three consecutive school years shall be
preserved if such teacher transfers from a common school district to a high school
district or from a high school district to a common school district if the governing
board recognizes the previously established years of employment of the transferred
teacher, provided such districts have coterminous boundaries and have a common governing
board.
15-549 Compulsory leaves of absence for criminal charges; continued salary
A. If any certificated teacher is charged by criminal complaint, information or
indictment with any criminal offense which would be deemed cause for dismissal, the
governing board may immediately place the teacher on compulsory leave of absence for a
period of time extending for not more than ten days after the date of the entry of the
judgment in the proceedings.
B. Any teacher placed upon compulsory leave of absence pursuant to this section
shall continue to be paid regular salary during the period of compulsory leave of
absence.
15-550 Conviction as unprofessional conduct; penalty
A. A teacher who has been convicted of a dangerous crime against children as
defined in section 13-604.01 or has been convicted of a violation of section 13-1404 or
13-1406 in which the victim was a minor or section 13-1405 or an act committed in another
state or territory which if committed in this state would have been a dangerous crime
against children or a violation of section 13-1404 in which the victim was a minor or a
violation of section 13-1405 or 13-1406 is guilty of unprofessional conduct and the
teacher's certificate shall be revoked permanently immediately on notification of
conviction by the clerk of the court or the magistrate.
B. A teacher who has been convicted of a preparatory offense as prescribed in
section 13-1001 of any of the offenses prescribed in subsection A of this section or any
crime that requires the teacher to register as a sex offender is guilty of unprofessional
conduct and the teacher's certificate shall be permanently revoked on notification of the
conviction by a court of competent jurisdiction.
15-551 Confidentiality of pupil's name; disciplinary hearing; civil penalty
A. The governing board and the state board of education shall keep confidential the
name of a pupil involved in a hearing before either board regarding the dismissal or
discipline of a school district employee or an action on a certificate. The board shall
not disclose the pupil's name without the consent of the pupil's parent or guardian
except by order of the superior court. This section does not prevent either board from
disclosing the pupil's name to any party to the hearing.
B. The board shall take a pupil's testimony in executive session. The pupil shall
be referred to by a fictitious name during any public portions of the hearing. The
pupil's name and testimony are not subject to inspection pursuant to title 39, chapter 1,
article 2.
C. A person who participates in a hearing described in subsection A shall keep
confidential the name of any pupil involved in the hearing. The county attorney may
enforce a civil penalty of five hundred dollars against a person who violates this
subsection.
D. The state board shall adopt rules for the implementation of this section.
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