ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: ED DP 8-2-0-0

HB 2291: school districts; superintendents; contracts

Sponsor: Representative Cook, LD 7

House Engrossed

Overview

Authorizes a school district governing board (governing board) to terminate the superintendent's employment contract if prescribed criteria are met. Specifies the superintendent is not entitled to recover damages or compensation for the remainder of the contract's employment term.

History

Statute permits a governing board to employ a superintendent. A governing board must determine the qualifications for its superintendent at a public meeting, though, the governing board must require the superintendent to have a valid fingerprint clearance card. A governing board may also jointly employ a superintendent with another governing board.

The employment term of a superintendent may not exceed three years. If the superintendent's contract is for multiple years, the school district may not extend or renegotiate the contract earlier than 15 months before the contract expires (A.R.S. § 15-503).

Statute establishes numerous powers and duties of a governing board. For example, a governing board must prescribe and enforce policies to govern schools. Additionally, statute instructs a governing board to require that up to 20% of the total annual salary included in a superintendent's contract be classified as performance pay. Performance pay must be determined according to student academic gain and parental and teacher satisfaction, unless the governing board votes to implement an alternative procedure at a public meeting (A.R.S. § 15-341).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows a governing board to rescind or terminate any employment contract between a superintendent and a school district if:

a)   it is determined by the governing board that the superintendent violated governing board policy; or

b)   any school has been assigned a D or F letter grade for at least three consecutive years. (Sec. 1)

2.   Stipulates that if a governing board terminates an employment contract, the superintendent is not entitled to recover damages for early termination or compensation for the remainder of the contract's employment term. (Sec. 1)

3.   Applies the ability for a governing board to rescind or terminate a superintendent's contract to all new employment contracts entered into after the general effective date. (Sec. 2)

4.   Makes technical and conforming changes. (Sec. 1)

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8.                     HB 2291

9.   Initials CH Page 0 House Engrossed

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