Bill Text: AZ HB2647 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Teacher resignation; contract damages
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2019-05-07 - Assigned to House RULES Committee [HB2647 Detail]
Download: Arizona-2019-HB2647-Introduced.html
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REFERENCE TITLE: teacher resignation; contract damages |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2647 |
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Introduced by Representatives Pawlik: Blanc, Bolding, Lieberman, Rodriguez
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AN ACT
Amending section 15‑502, Arizona Revised Statutes; repealing section 15‑545, Arizona Revised Statutes; amending title 15, chapter 5, article 3, Arizona Revised Statutes, by adding a new section 15‑545; relating to school employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-502, Arizona Revised Statutes, is amended to read:
15-502. Employment of school district personnel; payment of wages of discharged employee
A. The governing board at any time may 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 section 38‑481. All contracts issued to certificated teachers on or after january 1, 2020 may provide, to the extent otherwise allowed by law, that a certificated teacher who resigns contrary to section 15-545, subsection A pay an amount prescribed by the governing board of not more than $500 as liquidated damages and not as a penalty. The governing board may transmit and receive contracts of certificated employees in an electronic format and may accept electronic signatures on those contracts. If a contract has not been transmitted to the certificated employee by the end of the current school year, the transmittal of governing board shall transmit an electronic contract to that certificated employee prior to before the start of the next school year shall be submitted to both the certificated employee's school district e-mail address as well as the certificated employee's personal e‑mail in order address to notify them the employee of the offer of contract. Each certificated employee shall be is responsible for submitting his or her the employee's personal e-mail address to human resources personnel at the school district for this purpose. Documents transmitted in an electronic format pursuant to this subsection shall be are considered written documents for the purposes of sections 15‑536 and 15‑538.01. The governing board may adopt requirements that require electronic signatures to be followed by original signatures within a specified time period. A governing board that accepts an electronic signature for a certificated employee's contract shall provide validation to the certificated employee that the contract has been transmitted. 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 the 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 after 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 on 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 A dependent, as defined in section 43‑1001, of a governing board member may not be employed in the school district in which the person to whom such the 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 15‑540, 15‑541, 15‑542, 15‑543, 15‑544 and 15‑547 if the teacher is employed under contract on a part‑time basis for at least forty per cent percent time. For the purposes of this subsection, "forty per cent percent time" means employed for at least forty per cent percent of the school day required of full‑time teachers of the same grade level or for at least forty per cent percent of the class load assigned to full‑time teachers of the same grade level, as determined by the governing board.
E. The governing board may employ a business manager who has expertise in finance. For the purposes of this subsection, "expertise in finance" means one or more of the following:
1. A baccalaureate degree in accounting, finance, school finance or public finance.
2. A graduate degree in accounting, finance, school finance or public finance.
3. Other finance training or finance experience that the governing board determines is sufficient to qualify the person to administer the business operations of the school district.
F. 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 after the date of discharge.
G. Each school district shall establish policies and procedures to provide teachers with personal liability insurance.
H. Notwithstanding any other law, a school district shall not adopt policies that provide employment retention priority for teachers based on tenure or seniority.
Sec. 2. Repeal
Section 15-545, Arizona Revised Statutes, is repealed.
Sec. 3. Title 15, chapter 5, article 3, Arizona Revised Statutes, is amended by adding a new section 15-545, to read:
15-545. Resignation restrictions
A. A certificated teacher shall not resign after signing and returning the teacher's contract unless either of the following applies:
1. The governing board first approves the resignation.
2. With respect to contracts signed and returned for the succeeding year only, the certificated teacher provides the school district with a written notice of resignation, to be effective at the end of the current contract year, at least ninety days before students report for the succeeding year.
B. Notwithstanding subsection A of this section, a teacher who resigns contrary to this section is not deemed to commit an unprofessional act on the basis of the resignation and is not subject to any disciplinary action or penalty by the state board of education for the resignation.
