Ariz. Rev. Stat. § 15-502

Employment of school district personnel; payment of wages of discharged employee

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A. The governing board at any time may employ and fix the salaries and benefits of employees necessary for the succeeding year. The contracts of all certificated employees shall be in writing, and all employees shall be employed subject to section 38-481. The governing board may transmit and receive contracts of certificated employees in an electronic format and may accept electronic signatures on those contracts. If a contract has not been transmitted to the certificated employee by the end of the current school year, the transmittal of an electronic contract to that certificated employee prior to the start of the next school year shall be submitted to both the certificated employee's school district e-mail as well as the certificated employee's personal e-mail in order to notify them of the offer of contract. Each certificated employee shall be responsible for submitting his or her personal e-mail to human resources personnel at the school district for this purpose. Documents transmitted in an electronic format pursuant to this subsection shall be considered written documents for the purposes of sections 15-536 and 15-538.01. The governing board may adopt requirements that require electronic signatures to be followed by original signatures within a specified time period. A governing board that accepts an electronic signature for a certificated employee's contract shall provide validation to the certificated employee that the contract has been transmitted. The governing board may obtain the services of any employee, including teachers, substitute teachers and administrators, by contracting with a private entity that employs personnel required by the school district.

B. A teacher shall not be employed if the teacher has not received a certificate for teaching granted by the proper authorities. If a teacher has filed an application and completed all of the requirements for a certificate but time does not allow a teacher to receive a certificate before the commencement of employment, the conditional certificate shall serve as a certificate for the payment of wages, provided that the teacher files the conditional certificate with the county school superintendent and the certificate is issued within three months of the date of commencing employment. In order to be paid wages beyond the three-month period prescribed in this subsection, the teacher shall file the certificate with the county school superintendent. Any contract issued to a teacher who has completed certificate requirements but has not received a certificate shall be specifically contingent on receipt of such a certificate. The governing board of a school district that is subject to section 15-914.01 shall adhere to the duties described in section 15-302, subsection A, paragraph 9 for purposes of this subsection.

C. No dependent, as defined in section 43-1001, of a governing board member may be employed in the school district in which the person to whom such dependent is so related is a governing board member, except by consent of the board.

D. The governing board may employ certificated teachers under contract as part-time classroom teachers. Notwithstanding any other statute, a certificated teacher who has been employed by the school district for more than the major portion of three consecutive school years does not lose the entitlement to the procedures prescribed in sections 15-538.01, 15-539 through 15-544 and 15-547 if the teacher is employed under contract on a part-time basis for at least forty per cent time. For the purposes of this subsection, "forty per cent time" means employed for at least forty per cent of the school day required of full-time teachers of the same grade level or for at least forty per cent of the class load assigned to full-time teachers of the same grade level, as determined by the governing board.

E. The governing board may employ a business manager who has expertise in finance. For the purposes of this subsection, "expertise in finance" means one or more of the following:

1. A baccalaureate degree in accounting, finance, school finance or public finance.

2. A graduate degree in accounting, finance, school finance or public finance.

3. Other finance training or finance experience that the governing board determines is sufficient to qualify the person to administer the business operations of the school district.

F. Notwithstanding sections 23-351 and 23-353, if an employee is discharged from the service of a school district, the school district shall pay the wages due to the employee within ten calendar days from the date of discharge.

G. Each school district shall establish policies and procedures to provide teachers with personal liability insurance.

H. Notwithstanding any other law, a school district shall not adopt policies that provide employment retention priority for teachers based on tenure or seniority.

Notes of Decisions

Cited in 8 cases, 1960–2011 · leading case: Reeves v. Barlow

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Reeves v. Barlow (2011) arizctapp · cites it 6× “” AR.S. § 15-502(B) (Supp.2010). Thus, although the word “teacher” is not specifically defined by statute, AR.”

Wistuber v. Paradise Valley Unified School District (1984) ariz · cites it 4× “§ 15-343(A); A.R.S. § 15-502(A). Petitioners argue that there is a conflict between two opinions of the court of appeals concerning the standard by which to measure whether there is a donation or *349 subsidy in violation of art.”

Paczosa v. Cartwright Elementary School District No. 83 (2009) arizctapp · cites it 4× “§ 15-443, now AR.S. § 15-502). The terms of Paczosa’s and Faulkner’s contracts included any statutory provisions in effect when the contract was signed.”

Neary v. Frantz (1984) arizctapp · cites it 2× “A.R.S. § 15-502 authorizes contracts between a teacher in a school district and expressly requires that they be in writing.”

Garrett v. Folsom (1960) ariz · cites it 7× “On November 25, 1957, a petition was filed with the Superintendent requesting that pursuant to A.R.S. § 15-502, she call a special election to determine whether the school districts, Verde Common School District No.”

State v. Serna (1993) arizctapp · cites it 2× “Although employed in a security capacity, Starks and his staff are not “employed by a private security guard service,” but instead are employed by the government.”

Britt v. Red Mesa Unified School District No. 27 (1986) arizctapp · cites it 4× “Thus, it is clear to us that the legislature intended Red Mesa District to become “operative” on July 1, but they intended no statutory limitation preventing the governing board of Red Mesa District from organizing the district for school year operations to commence on July 1.”

Goren v. Buena High School Dist. of Cochise County (1962) ariz · cites it 2× “” and A.R.S. § 15-502: “A. When a majority of the board of trustees of a common school district, * * * petition to the county school superintendent for establishment of a high school, and [it is] accompanied by a petition for the establishment of a high school, signed by not…”

— Ariz. Rev. Stat. § 15-502(A) — 2 cases

Wistuber v. Paradise Valley Unified School District (1984) ariz “§ 15-343(A); A.R.S. § 15-502(A). Petitioners argue that there is a conflict between two opinions of the court of appeals concerning the standard by which to measure whether there is a donation or *349 subsidy in violation of art.”

Paczosa v. Cartwright Elementary School District No. 83 (2009) arizctapp “§ 15-443, now AR.S. § 15-502). The terms of Paczosa’s and Faulkner’s contracts included any statutory provisions in effect when the contract was signed.”

— Ariz. Rev. Stat. § 15-502(B) — 1 case

Reeves v. Barlow (2011) arizctapp “” AR.S. § 15-502(B) (Supp.2010). Thus, although the word “teacher” is not specifically defined by statute, AR.”

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