HB2650 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-536, Arizona Revised Statutes, is amended to read:

START_STATUTE15-536. Offer of contract to probationary teacher; acceptance; notice to teacher of intention not to reemploy; definition

A. The governing board shall, between March 15 and May 15, offer a teaching contract for the next ensuing school year to each probationary teacher, 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 or 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 fifteen business days from the date of the teacher's receipt of the written contract or the offer is revoked. Receipt under this subsection will be deemed to have occurred when the written contract is personally delivered, or placed in the teacher's school provided mailbox, including electronic mail, or two days after being placed in a United States postal service mailbox. The teacher accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that 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 the teacher's 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, the board or its authorized representative shall give the teacher written preliminary notice of inadequacy, specifying the nature of the inadequacy with such particularity as to furnish the teacher an opportunity to correct the inadequacies and maintain adequate classroom performance as defined by the governing board pursuant to section 15‑538, subsection C. 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 ten 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. This section shall not be construed to provide a probationary teacher with the right to a hearing pursuant to section 15‑539, subsection F.

D. A certificated teacher who is currently a continuing teacher as defined in section 15‑538.01 but who has been designated after an evaluation conducted according to the requirements pursuant to section 15‑537 in the lowest performance classification for the current school year shall become a probationary teacher as defined in section 15-536 for the subsequent school year and shall remain a probationary teacher until that teacher's performance classification is designated in either of the two highest performance classifications.

E. For the purposes of this section, "probationary teacher" means a certificated teacher who is not a continuing teacher. END_STATUTE

Sec. 2. Section 15-538.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-538.01. Offer of contract to continuing teacher; definition

A. The governing board shall, between March 15 and May 15, offer to each continuing teacher 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 fifteen business days from the date of the teacher's receipt of the written contract or the offer of a contract is revoked. Receipt under this subsection will be deemed to have occurred when the written contract is personally delivered, or placed in the teacher's school provided mailbox, including electronic mail, or two days after being placed in a United States postal service mailbox. The teacher accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that 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. A certificated teacher who is currently a continuing teacher as defined in this section but who has been designated after an evaluation conducted according to the requirements pursuant to section 15‑537 in the lowest performance classification for the current school year shall become a probationary teacher as defined in section 15-536 for the subsequent school year and shall remain a probationary teacher until that teacher's performance classification is designated in either of the two highest performance classifications.

D. For the purposes of this section, "continuing teacher" means a certificated teacher who has been and is currently employed by the school district for the major portion of three consecutive school years and who has not been designated in the lowest performance classification for the previous school year or who has not regained continuing status after being designated as a probationary teacher pursuant to subsection C of this section. END_STATUTE

Sec. 3. Section 15-539, Arizona Revised Statutes, is amended to read:

START_STATUTE15-539. Dismissal of certificated teacher; due process; written charges; notice; hearing on request

A. On 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, except as otherwise provided in this article, shall give notice to the teacher of its intention to suspend without pay or dismiss the teacher at the expiration of ten 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 governing board pursuant to section 15‑540.

C. Except as provided in section 15‑536, the governing board shall give a certificated teacher written preliminary notice of inadequacy of classroom performance pursuant to section 15‑538 if its intention to dismiss is based on charges of inadequacy of classroom performance. 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 ten 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 F 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 that 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. 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 that 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.

E. The notice shall be in writing and shall be served on 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, 15‑544, 15‑545, 15‑546 and 15‑547, shall be attached to the notice.

F. 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 ten 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. END_STATUTE

Sec. 4. Section 15-544, Arizona Revised Statutes, is amended to read:

START_STATUTE15-544. 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.

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. The provisions of this section do not apply to reductions in salary from monies from the classroom site fund pursuant to section 15‑977.END_STATUTE