Ariz. Rev. Stat. § 15-542

Hearing costs; counsel; limitations on evidence; reinstatement

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A. The governing board shall pay all expenses of the hearing. The certificated teacher and the governing board shall pay their own attorney and witness fees, except if the governing board does not suspend the teacher without pay or dismiss the teacher, the governing board shall pay all reasonable attorney and witness fees incurred by the teacher.

B. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to adequacy of classroom performance which occurred more than four years prior to the date of the service of the notice. Evidence of records regularly kept by the governing board concerning the teacher may be introduced, but no decision relating to the suspension without pay or dismissal of any teacher shall be made based on charges or evidence relating to adequacy of classroom performance occurring more than four years prior to service of the notice. The four-year time limit shall not apply to the introduction of evidence in any area except that relating to adequacy of classroom performance.

C. If a certificated teacher who has been employed by the school district for more than the major portion of three consecutive school years is placed on administrative leave of absence pending the hearing, he shall be reinstated within five days after the governing board renders a decision not to suspend him without pay or dismiss him.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1985–2021 · leading case: Pavlik v. Chinle Unified School District No. 24

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Pavlik v. Chinle Unified School District No. 24 (1999) arizctapp · cites it 10× “See A.R.S. § 15-542 (board must pay all expenses of hearing).”

New Pueblo Constructors, Inc. v. State (1985) ariz · cites it 2× “, A.R.S. §§ 15-542 (prevailing teacher may receive attorney’s fees but state may not); 41-1481(J) (prevailing party in employment discrimination case other than state may recover attorney’s fees); 12-348 (prevailing party other than state may recover attorney’s fees when sued by…”

Britt v. Red Mesa Unified School District No. 27 (1986) arizctapp · cites it 3× “See also A.R.S. § 15-542. In conclusion, we grant Britt and Parido’s request for attorney's fees on appeal pursuant to Rule 21(c), Arizona Rules of Civil Appellate Procedure, A.”

Pacesetter Consulting LLC v. Kapreilian (2021) azd · cites it 2× “, A.R.S. § 15-542(5) (two-year statute of limitations for “detaining the 16 personal property of another and for converting such property to one’s own use”); Perez v.”

— Ariz. Rev. Stat. § 15-542(5) — 1 case

Pacesetter Consulting LLC v. Kapreilian (2021) azd “, A.R.S. § 15-542(5) (two-year statute of limitations for “detaining the 16 personal property of another and for converting such property to one’s own use”); Perez v.”

— Ariz. Rev. Stat. § 15-542(A) — 1 case

Pavlik v. Chinle Unified School District No. 24 (1999) arizctapp “See A.R.S. § 15-542 (board must pay all expenses of hearing).”

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