LEGAL ISSUES RELATED TO RECENT CHANGES IN TEACHER

EMPLOYMENT LAWS

Tom Pickrell AASBO

General Counsel January Membership Meeting

Mesa Public Schools January 13, 2010

Issuance of Teacher Contracts

Eliminates the statutory deadline (April 15) by which a school district must give notice of intent to not reemploy a noncontinuing teacher and the statutory time period (March 15 to May 15) to offer a written teaching contract to a continuing or noncontinuing or teacher.

Issuance of Teacher Contracts

Decreases the amount of a time a teacher must receive to correct inadequate classroom performance from 85 days after receipt of notice to 60 days.

Teacher Dismissal

Shortens the time given to a teacher to request a hearing regarding the teacher’s dismissal or suspension from 30 days after receipt of notice of intent to dismiss/suspend to 10 days, and

Shortens the effective date of a teacher’s dismissal/suspension, if no hearing is requested, from 30 days to 10 days.

Teacher Dismissal

Extends the earliest/latest date for a requested teacher dismissal/suspension hearing from 10 days/25 days to 15 days/30 days.

General Salary Reduction

Eliminates the statutory deadline by which a school district must declare a general salary reduction.

General Salary Reduction

Eliminates the requirement that school districts may reduce salaries of continuing teachers only if part of a declared general salary reduction is applied equitably to all teachers.

Reduction in Force

Prohibits school districts and charter schools from adopting policies that give employment retention priority to teachers based on tenure or seniority.

Chronology of Events

July 30, 2009 – HB2011 enacted

November 23, 2009 – HB2011 takes effect

November 27, 2009 – AEA files challenge in AZ Supreme Court

January 5, 2010 – AZ Supreme Court declines to accept jurisdiction

Can districts safely apply these new laws this school year? NO

AEA probably will re-file its lawsuit and eventually prevail, causing the new laws to be declared invalid retroactively.

The old laws were in effect and reflected in most school district policies when teacher contracts were created on July 1, 2009.

So school districts should do what?

Consult your lawyer.

Wait to see if the legislature reenacts the new laws to moot the AEA lawsuit.

So school districts should do what?

Follow the old laws in effect as of July 1, 2009, for the remainder of this school year.

Revise policies to say only that district will issue teacher contracts, dismiss teachers, and effect a general salary reduction or reduction in force in accordance with state laws in effect when the action is taken.