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REFERENCE TITLE: schools; superintendents; severance packages; prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2121 |
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Introduced by Representatives Bolick: Blackman, Roberts
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AN ACT
amending section 15-503, arizona revised statutes; 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 15-503, Arizona Revised Statutes, is amended to read:
15-503. Superintendents, principals, head teachers and school psychologists; term of employment; evaluation; contract delivery; nonretention notice; severance package prohibited; definition
A. The governing board may:
1. Employ a superintendent or principal, or both. If the governing board employs a superintendent, the governing board shall determine the qualifications for the superintendent by action taken at a public meeting. The governing board shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
2. Appoint a head teacher.
3. Jointly with another governing board employ a superintendent or a principal, or both. If the governing board jointly employs a superintendent, the governing boards shall jointly determine the qualifications for the superintendent by action taken at a public meeting. The governing boards shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
B. The term of employment of superintendents may be for any period not exceeding three years, except that if the superintendent'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 no earlier than fifteen months before the expiration of the contract expires. The term of employment of principals may be for any period not exceeding three years, except that if the principal's contract with the school district is for multiple years, the school district shall not offer to extend or negotiate 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 evaluating the performance of principals and other school administrators and certificated school psychologists in the school district. In the development developing and adoption of adopting 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 transmitting an assessment, a governing 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 governing board designee shall provide assistance and opportunities for the certificated school psychologist to improve performance and shall follow up with the certificated school psychologist after a reasonable period of time for the purpose of ascertaining to ascertain 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 used as criteria for establishing compensation or dismissal.
D. On or before May 15 each year, 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 the person's contract unless, on or before April 15, the governing board, a member of the board acting on behalf of the governing board or the superintendent of the school district gives notice to notifies the administrator or certificated school psychologist of the governing 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 the person's contract on or before June 15 unless, no not later than five days after the override election, excluding Saturday, Sunday and legal holidays, the governing board, a member of the governing board acting on behalf of the governing board or the superintendent of the school district gives notice to notifies the administrator or the certificated school psychologist of the governing 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 after 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 that accepts the terms of the contract and delivering the written instrument to the governing board.
E. Notice of the governing 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 the person's place of residence as recorded in the school district records.
F. The governing board shall make available the evaluation and performance classification of each principal in the school district to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
G. Notwithstanding any other law of this state, beginning from and after the effective date of this amendment to this section, a school district may not provide a severance package to a school district superintendent. This subsection does not apply if either:
1. The school district has either explicitly or implicitly promised the school district superintendent before the effective date of this amendment to this section that the school district superintendent was entitled to a severance package in the event of the school district superintendent's severance of employment.
2. The school district superintendent is entitled to a severance package under federal law.
H. For the purposes of this section, "severance package" means severance pay as defined in section 23-621.