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REFERENCE TITLE: schools; teacher salary increases; reporting. |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HCR 2048 |
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Introduced by Representative Smith
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A Concurrent Resolution
enacting and ordering the submission to the people of a measure relating to school employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the legislature, the following measure, relating to school employees, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending section 15-189.05, Arizona Revised Statutes; amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-248.01; amending section 15-903, Arizona Revised Statutes; relating to school employees.
Be it enacted by the Legislature of the State of Arizona:
Section 2. Section 15-189.05, Arizona Revised Statutes, is amended to read:
15-189.05. Charter school budgets; posting of teacher salary information; annual report
A. The budget for each charter school shall contain the following information:
1. The average salary of all teachers employed by the charter school for the current year.
2. The average salary of all teachers employed by the charter school for the previous year.
3. The dollar increase in the average salary of all teachers employed by the charter school for the current year.
4. The percentage increase in the average salary of all teachers employed by the charter school for the current year.
5. The salary schedule for eligible teachers as defined in section 15-248.01 who are employed by the charter school for the current year.
6. A statement identifying the number of eligible teachers as defined in section 15-248.01 who are employed by the charter school for the current year.
B. Each charter school shall prominently post the information required by subsection A of this section on its website home page separately from its budget.
C. On or before November 30 of each year, the department of education shall electronically submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report that compiles the information required by subsection A of this section for all charter schools statewide.
Sec. 3. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-248.01, to read:
15-248.01. Teachers; base salary increases; teacher pay fund; eligibility; annual estimate; definition
A. If the voters approve an increased distribution rate from the state land trust permanent funds pursuant to article X, section 7, subsection N, constitution of Arizona, each school district and charter school in this state shall revise its salary schedule or schedules to increase the base salary of all eligible teachers who are or will be employed by a school operated by the school district or charter school. If salary increases are required under this subsection, the increase shall be all of the following:
1. The amount estimated pursuant to subsection E of this section.
2. The same amount for each eligible teacher without regard to teacher experience levels.
B. Notwithstanding sections 15-502 and 15-544, if salary increases are required by subsection A of this section, a school district or charter school may not reduce the base salary of eligible teachers who are or will be employed by the school district or charter school below the base salary schedule reported to the department of education in fiscal year 2024-2025. This subsection does not restrict a school district's or charter school's authority to adjust an individual teacher's salary in a manner that is consistent with the applicable base salary schedule, including an adjustment for any change in employment status.
C. The teacher pay fund is established consisting of legislative appropriations and distributions from the permanent state school fund pursuant to article X, section 7, subsection N, Constitution of Arizona. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department of education shall administer the fund and establish procedures for determining WHETHER school districts and charter schools are eligible to receive monies from the fund. If increases are required under subsection A of this section, the department shall allocate monies from the fund to each eligible school district or charter school in an amount equal to the amount determined pursuant to subsection F of this section multiplied by the number of eligible teachers employed by the school district or charter school as reported pursuant to section 15-189.05 or 15-903 to fund the increases made under subsection A of this section. The monies distributed pursuant to this subsection are in addition to any other monies, public or private, that the school district or charter school receives from any lawful source and may not supplant, replace or otherwise cause a reduction in other funding sources for the school district or charter school. The monies distributed pursuant to this subsection are exempt from the revenue control limit prescribed by section 15-947.
E. On or before March 30 of each year, The treasurer shall provide to the staff of the joint legislative budget committee an estimate of the amount of distributions pursuant to article X, section 7, subsection N, constitution of Arizona, that will be deposited in the teacher pay fund for the budget year.
F. On or before March 30 of each year, the staff of the joint legislative budget committee shall determine a per teacher amount from the teacher pay fund for the budget year using the statewide number of eligible teachers reported pursuant to section 15-189.05 or 15-903 and based on the estimate pursuant to subsection E of this section.
G. Each school district and charter school that receives monies from the teacher pay fund shall submit a report on or before November 15 of each year to the superintendent of public instruction that provides an accounting of the expenditures of monies distributed from the fund during the previous fiscal year. The department of education in conjunction with the auditor general shall prescribe the format of the report under this subsection.
H. The department of education, on report from the auditor general, shall determine whether school districts and charter schools are complying with the rEQUIREMENTS prescribed in this section. If the department determines that a school district or charter school is not in compliance or has failed to correct a deficiency within ninety days after receiving notice from the auditor general, the school district or charter school is ineligible to receive monies from the teacher pay fund pursuant to subsection C or D of this section from the date of the determination until the auditor general reports that the school district or charter school is complying with the requirements prescribed in this section.
I. For the purposes of this section, "eligible teacher":
1. Means a person who is employed by a charter school or a school operated by a school district in this state and who either:
(a) Meets both of the following:
(i) Is employed for a full school day, or its equivalent, or for a full class load, or its equivalent, as determined by the department of education.
(ii) Devotes more than seventy-five percent of the person's time at work to nonadministrative activities that provide instruction to students.
(b) Meets both of the following:
(i) Is employed as a special education teacher for a full school day, or its equivalent, or for a full class load, or its equivalent, as determined by the department of education.
(ii) Devotes more than fifty percent of the person's time at work to support student academic achievement as prescribed by the school district governing board or the charter school governing body.
2. Includes current teachers and teachers who begin work for the school district or charter school after the effective date of this section.
3. Does not include an administrator or a person who has been designated in either of the two lowest performance classifications after an evaluation conducted pursuant to section 15-189.06 or 15-537.
Sec. 4. Section 15-903, Arizona Revised Statutes, is amended to read:
15-903. Budget format; prohibited expenditures; annual report
A. The superintendent of public instruction in conjunction with the auditor general shall prepare and prescribe a budget format to be used by all school districts.
B. The budget format shall be designed to allow all school districts to plan and provide in detail for using available monies. The budget format shall contain distinct sections for, but need not be limited to, maintenance and operation, debt service, special projects, capital outlay, adjacent ways and classroom site fund. The maintenance and operation section shall include, but need not be limited to, separate subsections for regular education programs, special education programs and operational expenditures for pupil transportation. Each subsection shall clearly distinguish classroom instruction expenditures. The special education program subsection shall include a subtotal for the disability classifications as defined in section 15-761 and programs for gifted, vocational and technical education, remedial education and bilingual students. The total expenditures for each of these programs shall be included on the budget form. The pupil transportation subsection shall include all operational expenditures relating to transporting pupils, including all operational expenditures within a contract if the school district contracts for pupil transportation.
C. The capital outlay section of the budget shall include a subsection for unrestricted capital outlay. The unrestricted capital outlay subsection shall include budgeted expenditures for acquisitions by purchase, lease-purchase or lease of capital items as defined in the uniform system of financial records and shall include:
1. Land, buildings and improvements to land and buildings, including labor and related employee benefits costs and material costs if work is performed by school district employees.
2. Furniture, furnishings, athletic equipment and other equipment, including computer software.
3. Pupil and nonpupil transportation vehicles and equipment, including all capital expenditures within a contract if the school district contracts for pupil transportation.
4. Textbooks and related printed subject matter materials adopted by the governing board.
5. Instructional aids.
6. Library books.
7. Payment of principal and interest on bonds.
8. School district administration emergency needs that are directly related to pupils.
D. The budget format shall contain distinct subsections for the following:
1. Special programs to improve academic achievement of pupils in kindergarten programs and grades one through three as provided in section 15-482.
2. School plant funds.
3. Capital outlay budget increases as provided in section 15-481.
4. Property taxation, including the following:
(a) The primary tax rates for the school district for the current year and the budget year.
(b) The secondary tax rates for maintenance and operation, K-3 and capital overrides for the school district for the current year and the budget year.
(c) The secondary tax rates for class A bonds for the school district for the current year and the budget year.
(d) The secondary tax rates for class B bonds for the school district for the current year and the budget year.
5. A description of any corrections or adjustments made to the budget pursuant to section 15-915.
E. The budget format shall also contain:
1. A statement identifying proposed pupil-teacher ratios and pupil-staff ratios relating to the provision of special education services for the budget year.
2. A statement identifying the number of eligible teachers as defined in section 15-248.01 who are employed by the school district for the current year.
2. 3. The prominent display of the average salary of all teachers employed by the school district for the current year. The school district shall also prominently post this information on its website home page separately from its budget.
3. 4. The prominent display of the average salary of all teachers employed by the school district for the previous year. The school district shall also prominently post this information on its website home page separately from its budget.
4. 5. The prominent display of the dollar increase in the average salary of all teachers employed by the school district for the current year. The school district shall also prominently post this information on its website home page separately from its budget.
5. 6. The prominent display of the percentage increase in the average salary of all teachers employed by the school district for the current year. The school district shall also prominently post this information on its website home page separately from its budget.
F. The special projects section shall include budgeted expenditures for state special projects, including special adult projects, career education, deficiencies correction fund projects and new school facilities fund projects, such federal special projects as ESEA title programs, vocational education and title IV Indian education, and other special projects.
G. A school district shall not make expenditures for campaign literature associated with school district or charter school officials. If the superintendent of public instruction determines that a school district has violated this subsection, the superintendent of public instruction may withhold any portion of the school district's apportionment of state aid.
H. The budget format shall include an electronic format that shall be submitted for each proposed, adopted and revised budget.
I. On or before November 30 of each year, the department of education shall electronically submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report that compiles the information required by subsection E, paragraphs 2 through 5 6 of this section for all school districts statewide.
5. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.