Ariz. Rev. Stat. » Title 15

Ariz. Rev. Stat. § 15-541

Hearing on dismissal

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

15-541. Hearing on dismissal

A. The governing board shall decide whether to hold a hearing on the dismissal or suspension without pay for a period of time longer than ten days of a certificated teacher as provided in this article.  If the governing board decides not to hold a hearing, the governing board shall designate a hearing officer to hold the hearing, hear the evidence, prepare a record and issue a recommendation to the governing board for action. The governing board may provide by policy or vote at its annual organizational meeting that all hearings conducted pursuant to this section shall be conducted before a hearing officer. The hearing officer shall be mutually agreed upon by the parties to the hearing. If the parties cannot mutually agree on a hearing officer, a hearing officer shall be selected by the governing board from a list provided by the department of education or the American arbitration association. The hearing shall be held not less than fifteen nor more than thirty days after the request is filed unless all parties to the hearing mutually agree to a different hearing date, and notice of the time and place of the hearing shall be given to the teacher not less than three days before the date of the hearing. The teacher may request that the hearing be conducted in public or private. At the hearing the teacher may appear in person and by counsel, if desired, and may present any testimony, evidence or statements, either oral or in writing, in the teacher's behalf. The governing board or the hearing officer shall prepare an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits. The teacher who is the subject of the hearing may not request that the testimony be transcribed unless the teacher agrees in writing to pay the actual cost of the transcription. Within ten days after a hearing conducted by the governing board, the board shall determine whether there existed good and just cause for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or withdrawing the notice of dismissal or suspension. Within ten days after a hearing conducted by a hearing officer, the hearing officer shall deliver a written recommendation to the governing board that includes findings of fact and conclusions. Parties to the hearing have the right to object to the findings of the hearing officer and present oral and written arguments to the governing board.

B. A hearing held pursuant to this section may not be conducted by any hearing officer having a personal interest which would conflict with the hearing officer's objectivity in the hearing. The governing board has an additional ten days to determine whether good and just cause existed for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or withdrawing the notice of suspension or dismissal.  Good and just cause does not include religious or political beliefs or affiliations unless they are in violation of the oath of the teacher.

 

Notes of Decisions
Cited in 8 cases, 1969–2014 · leading case: Pavlik v. Chinle Unified School District No. 24
Sort: Relevance Newest Treatment
Pavlik v. Chinle Unified School District No. 24 (1999) arizctapp · cites it 12× “Indeed, the statutory scheme contains safeguards to help ensure that a board's decisions will be fair and objective. For example, any dismissal must be supported by good cause, and findings must be made on the record so that they are reviewable.”
Rouse v. Scottsdale Unified School District No. 48 (1987) arizctapp · cites it 13× “Rouse requested a hearing before the school board pursuant to A.R.S. § 15-541. This hearing was held on July 31,1985.”
Fulton v. Dysart Unified School District No. 89 (1982) arizctapp · cites it 18× “§ 15-541(E) charges that: The findings of the commission shall be reviewed by the governing board which shall render and as appropriate, implement its decision.”
Burnkrant v. Saggau (1970) arizctapp · cites it 8× “The legislature in response to the constitutional mandate enacted A.R.S. § 15-541, which designates the Board of Education as the "governing board" of a high school district.”
Welch v. Bd. of Ed. of Chandler U. Sch. Dist. (1983) arizctapp · cites it 4× “Welch requested and was granted a hearing before a commission, appointed pursuant to A.R.S. § 15-541 (then A.R.S. § 15-262). 1 Two of the charges were dismissed by the commission on May 1, 1981.”
Quimby v. School District No. 21 of Pinal County (1969) arizctapp · cites it 2× “6 A.R.S. §§ 15-541 and 15-545, as amended, and see Garrett v.”
Siglin v. Kayenta Unified School District No. 27 (1982) arizctapp · cites it 2× “Siglin requested a hearing pursuant to A.R.S. § 15-541 (formerly § 15-262), which was convened before a tenure commission on April 13, 1978.”
Pusd v. Hon. mcclennen/mckee (2014) arizctapp · cites it 6× “Due Process ¶20 The Teacher Tenure Act enumerates certain procedures to ensure that a termination hearing comports with the notice and opportunity to be heard required by principles of due process.”
— Ariz. Rev. Stat. § 15-541(A) — 2 cases
Fulton v. Dysart Unified School District No. 89 (1982) arizctapp “§ 15-541(E) charges that: The findings of the commission shall be reviewed by the governing board which shall render and as appropriate, implement its decision.”
Pusd v. Hon. mcclennen/mckee (2014) arizctapp “Due Process ¶20 The Teacher Tenure Act enumerates certain procedures to ensure that a termination hearing comports with the notice and opportunity to be heard required by principles of due process.”
— Ariz. Rev. Stat. § 15-541(B) — 1 case
Pusd v. Hon. mcclennen/mckee (2014) arizctapp “Due Process ¶20 The Teacher Tenure Act enumerates certain procedures to ensure that a termination hearing comports with the notice and opportunity to be heard required by principles of due process.”
— Ariz. Rev. Stat. § 15-541(D) — 1 case
Fulton v. Dysart Unified School District No. 89 (1982) arizctapp “§ 15-541(E) charges that: The findings of the commission shall be reviewed by the governing board which shall render and as appropriate, implement its decision.”
— Ariz. Rev. Stat. § 15-541(E) — 1 case
Fulton v. Dysart Unified School District No. 89 (1982) arizctapp “§ 15-541(E) charges that: The findings of the commission shall be reviewed by the governing board which shall render and as appropriate, implement its decision.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.