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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2382: school district superintendents; secondary employment
Sponsor: Representative Gress, LD 4
Committee on Education
Overview
Requires a school district superintendent (superintendent) to obtain approval from the school district governing board (governing board) before engaging in secondary employment.
History
A single governing board may employ a superintendent, or two governing boards may together jointly employ a superintendent. A governing board must determine the qualifications for a superintendent by action taken in a public meeting, though statute requires the superintendent to have a valid fingerprint clearance card (A.R.S. § 15-503).
Statute requires the State Board of Education (SBE) to establish a certificate for a superintendent, but SBE may not require a superintendent to hold the certificate. Pursuant to statute and SBE rules, a governing board may require a person who holds the title or performs the duties of a superintendent, assistant superintendent or associate superintendent to hold the Standard Professional Superintendent Certificate (A.R.S. § 15-501.01) (A.A.C. R7-2-616).
Provisions
Approval by a Governing Board
1. Prohibits a governing board from employing a person as a superintendent while the person engages in secondary employment without prior approval by the governing board. (Sec. 2)
2. Stipulates a governing board must require a superintendent to obtain approval from the governing board before engaging in secondary employment while the superintendent is employed. (Sec. 1)
3. Instructs governing boards that jointly employ a superintendent to require the superintendent to obtain approval from each governing board before engaging in any secondary employment while the superintendent is employed. (Sec. 1)
4. Directs a governing board to consider and vote in a public meeting whether to approve or disapprove a superintendent's secondary employment. (Sec. 1)
Civil Penalties for Violations of Secondary Employment
5. Requires the Attorney General (AG) or county attorney to investigate allegations from a county school superintendent that a superintendent is engaging in secondary employment without prior approval from the governing board. (Sec. 1)
6. Authorizes the AG or county attorney to bring an action in a court of competent jurisdiction to enjoin an alleged violation. (Sec. 1)
7. Allows the court to impose, for each violation, a civil penalty against a superintendent of not more than $1,000 for each month in which the superintendent engages in secondary employment without prior approval by the governing board. (Sec. 1)
8. Makes a superintendent personally responsible for paying all civil penalties imposed against the superintendent. (Sec. 1)
9. Prohibits a school district from paying a civil penalty on behalf of, or reimbursing, a superintendent. (Sec. 1)
Disciplinary Action for Violations
10. Declares a superintendent who engages in secondary employment without prior approval from the governing board commits an act of unprofessional conduct. (Sec. 1)
11. Requires SBE to prohibit a superintendent from applying for a superintendent certificate for not more than three years if SBE revokes a superintendent's certificate on the grounds the superintendent commits an act of unprofessional conduct. (Sec. 1)
Miscellaneous
12. Applies the prohibition and requirements relating to secondary employment by a superintendent to employment contracts executed, amended or renewed after the general effective date. (Sec. 3)
13. Makes technical changes. (Sec. 1, 2)
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Initials CH HB 2382
2/6/2026 Page 0 Education
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