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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DP 7-4-1-0 |
HB 2386: school district superintendents; performance-based pay
Sponsor: Representative Gress, LD 4
Caucus & COW
Overview
Establishes requirements a school district governing board (governing board) must follow in order to award a superintendent performance-based pay. Prescribes civil penalties if performance-based pay requirements are not met.
History
A governing board must classify up to 20% of a superintendent's total annual salary as performance pay. Unless the governing board votes to implement an alternative procedure at a public meeting, the superintendent's performance pay must be determined based on the following four statutory criteria, each of which determines 25% of the superintendent's performance pay: 1) the percentage of academic gain determined by the Arizona Department of Education (ADE) of the students enrolled in the school district compared to the academic gain by the highest ranking of the 50 largest school districts in Arizona; 2) the percentage of parents of enrolled students who assign an A letter grade to the school on a survey of parental satisfaction; 3) the percentage of teachers who are employed at the school district and who assign an A letter grade to the school on a survey of teacher satisfaction; and 4) other criteria selected by the governing board (A.R.S. § 15-341).
Provisions
Superintendent Performance-Based Pay Requirements
1. Allows a school district to award performance-based pay to a superintendent only if:
a. the superintendent has met the performance pay goals established by statute or by an alternative procedure adopted by the governing board;
b. the school district's average statewide assessment scores are not lower than the state's average statewide assessment scores; and
c. the governing board approves the superintendent's performance-based pay in a public meeting with at least a two-thirds vote. (Sec. 2)
2. Requires, by August 1 annually, each school district to submit to the county school superintendent, in a form and manner determined by the county school superintendent, information relating to all performance-based pay the school district awarded to a superintendent during the immediately preceding fiscal year. (Sec. 2)
3. Directs each county school superintendent that receives superintendent performance-based pay information to:
a. determine whether the school district complied with the performance-based pay requirements; and
b. submit to ADE, in a form and manner prescribed by ADE, a copy of all information received from the school district, together with the county school superintendent's determination. (Sec. 2)
4. Instructs ADE, by September 1 annually, to compile the information and determinations submitted by the county school superintendents into a report, post the report on its website and submit the report to specified individuals. (Sec. 2)
Civil Penalties for Violations of Superintendent Performance-Based Pay Requirements
5. Requires the Attorney General (AG) or county attorney to investigate allegations by a county school superintendent that a school district is violating superintendent performance-based pay requirements. (Sec. 2)
6. Authorizes the AG or county attorney to bring an action in a court of competent jurisdiction to enjoin a violation of performance-based pay requirements. (Sec. 2)
7. Permits the court to impose a civil penalty of not more than $1,000 against each governing board member that approved performance-based pay in violation of the performance-based pay requirements. (Sec. 2)
8. Makes each governing board member personally liable for paying all civil penalties imposed against that governing board member by the court. (Sec. 2)
9. Prohibits a school district from paying a civil penalty that is imposed on behalf of, or otherwise reimbursing, any governing board member for a civil penalty. (Sec. 2)
10. Stipulates a governing board member who is found by a court of competent jurisdiction to be responsible for a violation of performance-based pay requirements is eligible for reelection only if they:
a. pay any civil penalty imposed by the court; and
b. seek to recoup all performance-based pay that was awarded to the superintendent in violation of the performance-based pay requirements. (Sec. 2)
Miscellaneous
11. Requires a governing board to adopt an alternative procedure to determine the superintendent's performance-based pay by a unanimous vote. (Sec. 1)
12. Makes technical changes. (Sec. 1)
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Initials CH HB 2386
2/11/2026 Page 0 Caucus & COW
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