HB2382 - 572R

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

Section 1. Section 15-503, Arizona Revised Statutes, is amended to read:

START_STATUTE15-503. Superintendents, principals, head teachers and school psychologists; terms of employment; evaluation; contract delivery and acceptance; nonretention notice; enforcement; civil penalty; unprofessional conduct

A. The A school district 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 both:

(a) Have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.

(b) Obtain approval from the governing board before engaging in any secondary employment while the superintendent is employed pursuant to this paragraph. The governing board must consider and vote in a public meeting whether to approve or disapprove secondary employment pursuant to this subdivision.

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 both:

(a) Have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.

(b) Obtain approval from each governing board before engaging in any secondary employment while the superintendent is employed pursuant to this paragraph. Each governing board must consider and vote in a public meeting whether to approve or disapprove secondary employment pursuant to this subdivision.

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 charter school 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 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 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 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 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 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 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. If the county school superintendent for a county in which a school district is located notifies the attorney general or county attorney that a school district superintendent is engaging in secondary employment without prior approval from the school district governing board, the attorney general or the county attorney shall investigate the allegations and may bring an action in a court of competent jurisdiction to enjoin the alleged violation. For each violation of this section, the court may impose a civil penalty against a school district superintendent of not more than $1,000 for each month in which the superintendent engages in secondary employment in violation of subsection A of this section. A school district superintendent is personally responsible for paying all civil penalties imposed against the superintendent pursuant to this subsection. the school district may not pay a civil penalty that is imposed pursuant to this subsection on behalf of, or otherwise reimburse, a school district superintendent against whom the civil penalty is imposed.

H. A school district superintendent who engages in secondary employment without prior approval from the school district governing board in violation of subsection A of this section commits an act of unprofessional conduct. Notwithstanding section 15-534.02, if the state board of education revokes a school district superintendent's certificate on the grounds that the superintendent commits an act of unprofessional conduct described in this subsection, the state board of education shall determine that the superintendent is prohibited from submitting an application for certification pursuant to section 15-501.01, subsection C, paragraph 7 for a specified period of not more than three years. END_STATUTE

Sec. 2. Section 38-503, Arizona Revised Statutes, is amended to read:

START_STATUTE38-503. Conflict of interest; exemptions; employment prohibitions

A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such the public agency shall make known that substantial interest in the official records of such the public agency and shall refrain from voting upon on or otherwise participating in any manner as an officer or employee in such the contract, sale or purchase.

B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such that substantial interest in the official records of such the public agency and shall refrain from participating in any manner as an officer or employee in such the decision.

C. Notwithstanding the provisions of subsections A and B of this section, no a public officer or employee of a public agency shall not supply to such the public agency any equipment, material, supplies or services, unless pursuant to an award or contract let after public competitive bidding, except that:

1. A school district governing board may purchase, as provided in sections 15-213 and 15-323, supplies, materials and equipment from a school board member.

2. Political subdivisions other than school districts may purchase through their governing bodies, without using public competitive bidding procedures, supplies, materials and equipment not exceeding three hundred dollars of not more than $300 in cost in any single transaction, not to exceed a total of one thousand dollars $1,000 annually, from a member of the governing body if the policy for such purchases is approved annually.

D. Notwithstanding subsections A and B of this section: and

1. As provided in sections 15-421 and 15-1441, the governing board of a school district or a community college district may not employ a person who is a member of the governing board or who is the spouse of a member of the governing board.

2. As provided in section 15-503, the governing board of a school district may not employ a person as a superintendent while the person engages in secondary employment without prior approval by the school district governing board. END_STATUTE

Sec. 3. Existing contracts; applicability

Sections 15-503 and 38-503, Arizona Revised Statutes, as amended by this act, apply to employment contracts that are executed, amended or renewed after the effective date of this act.