A.R.S. tit. 15 ch. 5 — Arizona Revised Statutes Title 15 Chapter 5 — School Employees

15-501. Definitions In this chapter, unless the context otherwise requires: 1. "Administrator" means any school district administrator except a school principal who devotes at least fifty percent of the principal's time to classroom teaching. 2. "Certificated teacher" means a person who holds a certificate from the state board of education to work in the schools of this state and who is employed under contract in a school district in a position that requires certification except a psychologist or an administrator who devotes at least fifty percent of the person's time to classroom teaching. 3. "Full-time" means to be employed for a full school day, or its equivalent, or for a full class load, or its equivalent, as determined by the governing board. 4. "Governing board" means the governing board of a school district or a county school superintendent in the case of accommodation schools located in such a county. 5. "Inadequacy of classroom performance" means the definition of inadequacy classroom performance adopted by the governing board pursuant to section 15-538. 6. "Major portion of a school year" means full-time employment for fifty-one percent of the school days during which school is in session, except that a certificated teacher is not deemed to have completed the major portion of the third school year of three consecutive years of employment until the end of the third school year. 7. "Performance classifications" means the performance classifications adopted by the governing board. 8. "Qualified evaluator" means a school principal or other person who is trained to evaluate teachers and who is designated by the governing board to evaluate the school district's certificated teachers. 9. "Superintendent" means the superintendent of schools of a school district. 10. "Suspension without pay" means suspension without pay for a period of time not to exceed ten school days. 15-501.01. Requirements for teachers; teaching certificates; rules; reciprocity; placement; posting A. Notwithstanding any other law, all teachers who are certificated pursuant to this section must have a baccalaureate degree and a valid fingerprint clearance card. B. The state board of education shall adopt rules for the issuance of the following types of certificates for teachers: 1. Standard teaching certificate. 2. Alternative teaching certificate for persons who obtain training pursuant to subsection C, paragraph 1 of this section. 3. Subject-matter expert standard teaching certificate for persons who obtain training pursuant to subsection C, paragraph 8 of this section. 4. Classroom-based standard teaching certificate for individuals who obtain training from a school district or charter school. 5. Career and technical education teaching certificate. C. The state board of education shall adopt rules to carry out the purposes of this section. The rules: 1. Shall provide for a variety of alternative teacher and administrator preparation programs that allow for variations in program sequence and design to apply for program approval. The state board shall adopt rules pursuant to this paragraph designed to allow for a variety of formats and shall not require a prescribed answer or design from the program provider in order to obtain approval from the state board. Any rules adopted by the state board pursuant to this paragraph shall be substantially different from the rules adopted for the approval of traditional preparation programs and may not unnecessarily restrict a variety of alternative preparation programs from operating and providing instruction in this state. The state board shall evaluate each program provider based on the program's ability to prepare teachers and administrators and to recruit teachers and administrators with a variety of experiences and talents. The state board shall allow universities under the jurisdiction of the Arizona board of regents, community colleges in this state, private postsecondary institutions licensed by this state, school districts, charter schools, professional organizations, nonprofit organizations and private entities to apply for program approval and shall create application procedures and certification criteria that are substantially less restrictive than those for traditional preparation programs. At the completion of an alternative preparation program, graduates shall: (a) Hold a bachelor's degree from an accredited postsecondary education institution. (b) If applicable, demonstrate professional knowledge and subject knowledge proficiency pursuant to section 15-533. (c) Obtain a valid fingerprint clearance card pursuant to section 15-534. (d) If applicable, complete training in structured English immersion as prescribed by the state board pursuant to section 15-756.09. (e) If applicable, complete training in research-based systematic phonics instruction as prescribed in paragraph 2 of this subsection. (f) Demonstrate the required proficiency in the Constitutions of the United States and Arizona as prescribed in section 15-532. 2. Shall require that, within three years after a certificate for elementary education or early childhood education is issued, the certificate holder complete, from a public or private provider, at least forty-five classroom hours or three college-level credit hours, or the equivalent, in both research-based: (a) Science of reading instruction, including systematic phonics instruction. (b) Reading instruction, including training on assessments, instructional practices and interventions to improve student reading proficiency. Instruction provided pursuant to this subdivision must meet the requirements for dyslexia training prescribed in section 15-219. 3. Beginning August 1, 2025, shall establish a literacy endorsement as a requirement for all certificated teachers who provide literacy instruction in kindergarten programs or in any of grades one through five as determined by the board. The rules shall require that a certificated teacher who receives a certificate after August 1, 2025 and who provides literacy instruction in kindergarten programs or in any of grades one through five must obtain a literacy endorsement within three years after the teacher's certificate is issued. The rules shall require that a certificated teacher who received a certificate before August 1, 2025 and who provides literacy instruction in kindergarten programs or in any of grades one through five must obtain a literacy endorsement on or before August 1, 2028. The literacy endorsement shall require the teacher to complete evidence-based science of reading training or coursework as determined by the board and to pass a literacy instruction assessment to show that the teacher is capable of doing all of the following: (a) Effectively teaching foundational reading skills, phonological awareness, phonics, fluency, vocabulary and comprehension. (b) Implementing reading instruction using high-quality instructional materials. (c) Providing effective instruction and interventions for students with reading deficiencies, including students with characteristics of dyslexia. 4. Shall require all approved educator preparation programs in elementary education, early childhood education and mild-moderate special education, as defined by the state board of education, to require the courses that are necessary to obtain a literacy endorsement pursuant to paragraph 3 of this subsection. 5. Shall establish a process to allow a local education agency, at the request of a teacher, to verify to the department of education that the teacher possesses the instructional knowledge and skills prescribed in paragraph 3 of this subsection, demonstrated through classroom observations and student achievement data across subgroups using evidence-based measures. A certificated teacher who has had a local education agency verify the teacher's knowledge and skills in the science of reading pursuant to this paragraph is not required to complete the coursework, training or assessment requirements prescribed in paragraph 3 of this subsection to obtain the literacy endorsement. 6. Shall not require a teacher to obtain a master's degree or to take any additional graduate courses as a condition of certification or recertification. 7. Shall allow but shall not require the superintendent of a school district to obtain certification from the state board of education. 8. Shall provide for the issuance of a subject-matter expert standard teaching certificate to persons who have expertise in a content area or a subject matter. Persons who are certified pursuant to this paragraph shall complete training, if applicable, in structured English immersion as prescribed by the state board pursuant to section 15-756.09. Persons who are certified pursuant to this paragraph are exempt from the subject knowledge proficiency requirements prescribed in section 15-533 and from the proficiency requirements prescribed in section 15-532 on the Constitutions of the United States and Arizona. Persons who are subject to subdivision (a) of this paragraph are also exempt from the professional knowledge proficiency requirements pursuant to section 15-533. A person who obtains a subject-matter expert standard teaching certificate pursuant to this paragraph may provide instruction in the person's field of expertise in grades six through twelve at any public school in this state. Issuance of the subject-matter expert standard teaching certificate may not be conditioned on the person's employment with a local education agency. A person who meets the requirements of this paragraph shall be issued a subject-matter expert standard teaching certificate without having to demonstrate professional knowledge proficiency pursuant to section 15-533, except that the person shall have at least two years to demonstrate professional knowledge proficiency pursuant to section 15-533. School districts shall evaluate and provide support pursuant to section 15-537 to teachers who are certified pursuant to this paragraph. If a person fails to meet the professional knowledge requirements of this section within two years, the department of education or state board of education may temporarily suspend the subject-matter expert standard teaching certificate. A certificate that is temporarily suspended pursuant to this paragraph is not considered a disciplinary action, and a person shall be allowed to correct the deficiency within the remaining time of the subject-matter expert standard teaching certification. This paragraph does not require a person who has obtained another type of teaching certificate from the state board to obtain a subject-matter expert standard teaching certificate pursuant to this paragraph in order to provide instruction in grades six through twelve. Persons who are certificated pursuant to this paragraph shall review and attest to reviewing the best practices for social media and cellular telephone use between students and school personnel adopted by the state board of education pursuant to section 15-203, subsection A, paragraph 44 before receiving a certificate and, within two years after receiving a certificate, complete training in professionalism and ethics from a public or private provider approved by the state board of education, which may include a no-cost option to the person provided by the state board. A person is eligible for a subject-matter expert standard teaching certificate pursuant to this paragraph if the person has a baccalaureate degree and meets any of the following requirements: (a) Has taught courses relevant to a content area or subject matter for the last two consecutive years and for a total of at least three years at one or more regionally or nationally accredited public or private postsecondary institutions. A person demonstrates compliance with this requirement by providing the state board with written proof of employment for specific durations from one or more qualifying postsecondary institutions. (b) Has either a baccalaureate degree, a master's degree or a doctoral degree in a specific subject area that is relevant to a content area or subject matter taught in public schools. (c) Demonstrates expertise through relevant work experience of at least five years in a field that is relevant to a content area or subject matter taught in public schools. A person demonstrates compliance with this requirement by providing the state board with written proof of employment. 9. Notwithstanding section 15-533, shall exempt persons applying for a secondary education certificate from the subject knowledge portion of the proficiency examination if the state board determines that the person has work experience in science, technology, engineering or mathematics and can demonstrate adequate knowledge of a particular subject through a postsecondary education degree or twenty-four credit hours of relevant coursework. 10. Shall allow for a certificate issued to a person pursuant to subsection B, paragraph 1, 3, 4 or 5 of this section or section 15-203 or 15-782.01, as applicable, to be both issued and renewed for at least twelve years and may not require more than fifteen hours of continuing education credits each year in order to renew that certificate pursuant to this paragraph. 11. Shall allow for a certificate issued to a person pursuant to subsection B of this section or section 15-132, 15-203 or 15-782.01, as applicable, and any endorsement or approved area related to that certificate, to be renewed at least two years but not more than ten years after that certificate expires without any other requirements adopted by the state board of education or the department of education if the person is in good standing and possesses a valid fingerprint clearance card issued pursuant to section 15-534. A certificate renewed pursuant to this paragraph shall be identical to the expired certificate. D. The rules for certification reciprocity shall include a requirement that the applicant possess a comparable valid certification from another state and be in good standing with that other state. An applicant who possesses a valid certification from another state and a fingerprint clearance card pursuant to section 15-534 and who is in good standing with that other state shall be issued a comparable standard certificate or a comparable certificate issued pursuant to section 15-132, 15-203 or 15-782.01, as applicable, without any other requirements from the state board of education or the department of education. A person who is issued a certificate pursuant to this subsection is not required to meet any requirement prescribed in section 15-533. E. Placement decisions of teaching intern certificate holders issued pursuant to subsection C, paragraph 1 of this section and section 15-552 shall be based on agreements between the teacher preparation provider, the provider's partner organizations and the local education agency. The practices of the department of education and the rules and policies of the state board of education may not restrict placement of teaching intern certification holders based on local education agency instructional models and may only consider the academic quality of the school, the effectiveness of the teaching intern certification holder's on-site mentor and the opportunity for a wide variety of schools and school models to access teaching intern certification holders. F. Notwithstanding subsection A of this section, the following persons are not required to have a baccalaureate degree: 1. A teacher who is otherwise exempt by law from obtaining a baccalaureate degree and who provides instruction in STEM or career and technical education pursuant to section 15-782.01. 2. A person who obtains any of the following: (a) A Native American language certificate. (b) A student teaching intern certificate. (c) A junior reserve officer training corps certificate. (d) An athletic coaching certificate. (e) An emergency substitute certificate. G. On or before November 15 of each year, the department of education shall report and post on its website all of the following: 1. The total number of teaching certificates issued in the previous calendar year disaggregated by the type of teaching certificate and demographics. 2. The total number of currently issued teaching certificates in this state disaggregated by the type of teaching certificate and demographics. 3. Any other historical data or trends regarding certificated individuals in this state. 15-502. Employment of school district personnel; payment of wages of discharged employee 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. 15-503. Superintendents, principals, head teachers and school psychologists; term of employment; evaluation; contract delivery; nonretention notice A. The governing board may: 1. Employ a superintendent or principal, or both. If the governing board employs a superintendent, the governing board shall determine the qualifications for the superintendent by action taken at a public meeting. The governing board shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1. 2. Appoint a head teacher. 3. Jointly with another governing board employ a superintendent or a principal, or both. If the governing board jointly employs a superintendent, the governing boards shall jointly determine the qualifications for the superintendent by action taken at a public meeting. The governing boards shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1. B. The term of employment of superintendents may be for any period not exceeding three years, except that if the superintendent's contract with the school district is for multiple years pursuant to this subsection the school district shall not offer to extend or renegotiate the contract until no earlier than fifteen months before the expiration of the contract. The term of employment of principals may be for any period not exceeding three years, except that if the principal's contract with the school district is for multiple years the school district shall not offer to extend or negotiate the contract until May of the year preceding the final year of the contract. The school district governing board or the governing body of the charter school shall communicate the superintendent's or principal's duties with respect to the classroom site fund established by section 15-977. C. The governing board shall establish systems for the evaluation of the performance of principals and other school administrators and certificated school psychologists in the school district. In the development and adoption of these performance evaluation systems, the governing board shall avail itself of the advice of its administrators and certificated school psychologists. Each evaluation shall include recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance of the certificated school psychologist warrants improvement. After transmittal of an assessment, a governing board designee shall confer with the certificated school psychologist to make specific recommendations as to areas of improvement in the certificated school psychologist's performance. The governing board designee shall provide assistance and opportunities for the certificated school psychologist to improve performance and shall follow up with the certificated school psychologist after a reasonable period of time for the purpose of ascertaining that the certificated school psychologist is demonstrating adequate performance. The evaluation process for certificated school psychologists shall include appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if the evaluation is for use as criteria for establishing compensation or dismissal. D. On or before May 15 each year, the governing board shall offer a contract for the next school year to each certified administrator and certificated school psychologist who is in the last year of the person's contract unless, on or before April 15, the governing board, a member of the board acting on behalf of the governing board or the superintendent of the school district gives notice to the administrator or certificated school psychologist of the governing board's intention not to offer a new contract. If the governing board has called for an override election for the third Tuesday in May as provided in section 15-481, the governing board shall offer a contract for the next school year to each certified administrator or certificated school psychologist who is in the last year of the person's contract on or before June 15 unless, no later than five days after the override election excluding Saturday, Sunday and legal holidays, the governing board, a member of the governing board acting on behalf of the governing board or the superintendent of the school district gives notice to the administrator or the certificated school psychologist of the governing board's intention not to offer a new contract. The administrator's or the certificated school psychologist's acceptance of the contract shall be indicated within thirty days after the date of the written contract or the offer is revoked. The administrator or certificated school psychologist accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that accepts the terms of the contract and delivering the written instrument to the governing board. E. Notice of the governing board's intention not to reemploy the administrator or certificated school psychologist shall be made by delivering the notice personally to the administrator or the certificated school psychologist or by sending the notice by certified mail, postmarked on or before the applicable deadline prescribed in subsection D of this section, and directed to the administrator or the certificated school psychologist at the person's place of residence as recorded in the school district records. F. The governing board shall make available the evaluation and performance classification of each principal in the school district to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes. 15-504. Contract days for professional association activities; prohibition School district employment contracts shall not include compensated days for professional association activities. For the purposes of this section, professional association activities do not include conduct that occurs during a field trip for pupils. This section does not prohibit individual employees of school districts from taking compensated leave time for any personal purpose, any professional purpose or any other lawful purpose. 15-505. Discipline; educator information system; personnel list; definitions A. Pursuant to the rules and procedures adopted pursuant to section 15-203, the state board of education shall investigate written complaints alleging that a noncertificated person has engaged in immoral or unprofessional conduct. B. The state board of education may review a complaint and determine whether to take disciplinary action against a noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting the person's employment at a school district or charter school for up to five years except as otherwise prescribed in section 15-550. The state board shall adopt rules and procedures for disciplinary action of noncertificated persons that are substantially similar to the rules and procedures for certificated persons. C. Before employing a certificated or noncertificated person, school districts and charter schools shall conduct a search of the prospective employee on the educator information system that is maintained by the department of education. D. A school district or charter school may not employ either of the following in a position that requires a valid fingerprint clearance card: 1. A certificated person whose certificate has been suspended, surrendered or revoked, unless the state board of education has subsequently reinstated the person's certificate. 2. A noncertificated person who has been prohibited from employment at a school district or charter school by the state board of education pursuant to subsection B of this section. E. Each school district and charter school shall annually submit to the department of education a list of certificated and noncertificated persons who are employed at the school district or charter school. The department shall issue guidance to school districts and charter schools regarding this subsection. F. For the purposes of this section: 1. "Noncertificated person": (a) Means a current or prospective employee of a school district or charter school who both: (i) Does not possess a certificate issued pursuant to rules adopted by the state board of education under section 15-203, subsection A, paragraph 14. (ii) Is required or allowed to provide services directly to pupils without being supervised by a certificated employee. (b) Does not include a person who does not hold a certificate and who is one of the following at a school district or charter school: (i) A transportation employee as defined in section 15-513. (ii) A food service employee or contractor. (iii) A maintenance worker. (iv) An employee or contractor of the school district or charter school that is not required to possess a valid fingerprint clearance card. 2. "Supervised" means being under the direction of and, except for brief periods of time during a school day or school activity, within sight of a certificated employee when providing direct services to pupils. 15-506. Flag, Constitution and Bill of Rights display; recitation of pledge of allegiance; moment of silence; exemption A. School districts and charter schools shall: 1. Acquire United States flags that are manufactured in the United States and that are at least two feet by three feet and hardware to appropriately display the United States flags. 2. For grades seven through twelve, acquire a legible copy of the Constitution of the United States and the Bill of Rights that is manufactured in the United States. 3. Display the flags in accordance with title 4 of the United States Code in each classroom and on or near the outside of the school building during school hours and at such other times as the school authorities direct. 4. For grades seven through twelve, place a legible copy of the Constitution of the United States and the Bill of Rights adjacent to each classroom flag. 5. Set aside a specific time each day for students who wish to recite the pledge of allegiance to the United States flag. 6. For kindergarten programs and grades one through twelve, set aside at least one minute but not more than two minutes at the beginning of each school day for students to engage in a moment of silence during which students may not interfere with other students' participation. A teacher or other school employee may not suggest the nature of any reflection in which a student may engage during the moment of silence. Each teacher of a class in which a moment of silence occurs pursuant to this paragraph shall encourage parents of students in the class to discuss with their children how to best use the moment of silence required by this paragraph. B. Private schools, parochial schools and homeschools are exempt from this section. 15-507. Abuse of teacher or school employee in school; classification A person who knowingly abuses a teacher or other school employee on school grounds or while the teacher or employee is engaged in the performance of his duties is guilty of a class 3 misdemeanor. 15-508. Dismissal for failure to comply with certain laws Wilful neglect or failure on the part of a school superintendent, principal, teacher or other officer of a school to observe and carry out the requirements of sections 15-532 and 15-710 is sufficient cause for dismissal or removal of such person from his position, and the superintendent of public instruction shall make necessary arrangements for carrying out the provisions of this section. 15-509. School employees; applicants; criminal conviction disclosures; violation; classification; definition A. Any individual who applies for employment by a school in this state shall disclose to each prospective employer whether the individual has pled guilty, pled no contest, been convicted of or is waiting trial on any of the following: 1. A dangerous crime against children pursuant to section 13-705. 2. A violation of section 13-1404 or 13-1406 in which the victim was a minor. 3. An act committed in another state or territory that if committed in this state would have been subject to disclosure pursuant to paragraph 1 or 2 of this subsection. 4. Sexual conduct with a minor pursuant to section 13-1405. 5. Any crime that requires the person to register as a sex offender pursuant to section 13-3821. 6. A preparatory offense as prescribed in section 13-1001 of any offense that is subject to disclosure pursuant to paragraph 1, 2, 3, 4 or 5 of this subsection. B. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section that the individual's failure to disclose was due to a good faith mistake of law. C. Any individual who knowingly violates subsection A of this section is guilty of a class 6 felony. D. For the purposes of this section, "school" means a school district, charter school or private school that provides instruction to students in kindergarten programs or any of grades one through twelve. 15-510. Authorization of leaves of absence; application; preservation of rights A. The governing board may authorize leaves of absence for school district personnel when it deems such leaves of absence to be reasonable and for good cause and not detrimental to education within the school district. B. Leaves of absence shall be limited to a period of not to exceed one year. C. Leaves of absence shall be granted upon application stating the purpose of the leave of absence, the facts as to its necessity or advisability and other information helpful to the governing board in making a determination as to whether the leave should be granted. D. Sabbatical leaves of absence may be granted by the governing board to certificated teachers and administrators under this section upon the following additional conditions for the following purposes only: 1. Sabbatical leave of absence may be granted only for the purposes of continuing professional education. 2. Sabbatical leave may not exceed a period of one year and may only be granted to a certificated teacher or an administrator who has been employed by the school district for a period of seven consecutive years immediately prior to the time the sabbatical leave is to commence, and who has not previously been granted a sabbatical leave of absence by the governing board. 3. The governing board may authorize a salary to be paid to the person to whom sabbatical leave is granted of not to exceed one-half of the salary then received by him. 4. The salary shall be paid to such person upon the condition that he shall return not later than one year after commencement of the sabbatical leave for renewal of employment for at least one school year, and unless he returns within such period, he shall repay to the school district the amount paid to him during the leave period, and, unless such amount is so paid, the governing board shall direct the county attorney to institute suit against such person to collect such amount. E. If leave is granted, all rights prescribed in sections 15-538.01, 15-539 through 15-544 and 15-547 for certificated teachers who have been employed by the school district for more than the major portion of three consecutive school years and all rights of retirement, accrued leave with pay, salary increments and other benefits provided by law shall be preserved and available to the employee after the termination of the leave of absence. 15-511. Use of school district or charter school resources or employees to influence elections; prohibition; civil penalty; definitions A. A person acting on behalf of a school district or a person who aids another person acting on behalf of a school district shall not spend or use school district or charter school resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the school district or charter school, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a school district may distribute informational pamphlets on a proposed budget override election as provided in section 15-481, subsections B and C or informational pamphlets on a proposed bond election as provided in section 15-491, subsection D if those informational pamphlets present factual information in a neutral manner, except for those arguments presented as prescribed in section 15-481, subsection B, paragraph 9. Nothing in this section precludes a school district from reporting on official actions of the governing board. B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of school district-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine school district communications. C. This section does not prohibit the use of school district or charter school resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate. D. An employee of a school district or charter school who is acting as an agent of or working in an official capacity for the school district or charter school may not give pupils written materials to influence the outcome of an election or to advocate support for or opposition to pending or proposed legislation. E. Employees of a school district or charter school may not use the authority of their positions to influence the vote or political activities of any subordinate employee. F. Notwithstanding section 15-342, paragraph 8, a school district shall not spend monies for membership in an association that attempts to influence the outcome of an election. G. This section does not deny the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions. H. The attorney general shall publish and distribute to school districts and charter schools a detailed guideline regarding activities prohibited under this section. The attorney general may distribute these guidelines through a website or electronically. I. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section. J. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the school district budget against a person who knowingly violates or a person who knowingly aids another person in violating this section. The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds. School district funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the school district or charter school whose funds were misused. K. An attorney acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether a proposed use of school district resources would violate this section. L. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section. M. For the purposes of this section: 1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. 2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral. 3. "Misused funds" means school district monies or resources used unlawfully pursuant to this section. 4. "Routine school district communications" means messages or advertisements that are germane to the functions of the school district and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety. 15-512. Noncertificated personnel; fingerprinting personnel; background investigations; affidavit; civil immunity; violation; classification; definition A. Noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee and who are initially hired by a school district after January 1, 1990 shall be fingerprinted as a condition of employment except for personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment or for personnel who were previously employed by a school district and who reestablished employment with that district within one year after the date that the employee terminated employment with the district. A school district may require noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee to obtain a fingerprint clearance card as a condition of employment. Even if the school district does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee may apply for a fingerprint clearance card. A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes. The employee's fingerprints and the form prescribed in subsection D of this section shall be submitted to the school district within twenty days after the date an employee begins work. A school district may terminate an employee if the information on the form provided under subsection D of this section is inconsistent with the information received from the fingerprint check or the information received in connection with a fingerprint clearance card application. The school district shall develop procedures for fingerprinting employees. For the purposes of this subsection, "supervised" means being under the direction of and, except for brief periods of time during a school day or school activity, within sight of a certificated employee when providing direct services to pupils. B. Fingerprints submitted pursuant to this section shall be used to conduct a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The school district shall assume the costs of fingerprint checks and fingerprint clearance cards and may charge these costs to its fingerprinted employee, except that the school district may not charge the costs of the fingerprint check or the fingerprint clearance card to personnel of the school district who are not paid employees. The fees charged for fingerprinting shall be deposited with the county treasurer who shall credit the deposit to the fingerprint fund of the school district. The costs charged to a fingerprinted employee are limited to and the proceeds in the fund may only be applied to the actual costs, including personnel costs, incurred as a result of the fingerprint checks or the fingerprint clearance cards. The fingerprint fund is a continuing fund that is not subject to reversion. D. Personnel required to be fingerprinted or obtain a fingerprint clearance card as prescribed in subsection A of this section shall certify on forms that are provided by the school and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction, including a charge or conviction that has been vacated, set aside or expunged: 1. Sexual abuse of a minor. 2. Incest. 3. First or second degree murder. 4. Kidnapping. 5. Arson. 6. Sexual assault. 7. Sexual exploitation of a minor. 8. Felony offenses involving contributing to the delinquency of a minor. 9. Commercial sexual exploitation of a minor. 10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs. 11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs. 12. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs. 13. Burglary in the first degree. 14. Burglary in the second or third degree. 15. Aggravated or armed robbery. 16. Robbery. 17. A dangerous crime against children as defined in section 13-705. 18. Child abuse. 19. Sexual conduct with a minor. 20. Molestation of a child. 21. Manslaughter. 22. Aggravated assault. 23. Assault. 24. Exploitation of minors involving drug offenses. E. A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction. A school district that is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated. In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15-534, subsection C. In considering whether to hire or terminate the employment of a person, the governing board shall take into account the following factors: 1. The nature of the crime and the potential for crimes against children. 2. Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court. 3. Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted. 4. The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person. 5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction. F. Before a person is employed with the school district, the district shall make documented, good faith efforts to contact previous employers of the person to obtain information and recommendations that may be relevant to the person's fitness for employment, including conducting a search of the educator information system that is maintained by the department of education pursuant to section 15-505. A school district may not employ in a position that requires a valid fingerprint clearance card a person against whom the state board of education has taken disciplinary action as prescribed in section 15-505 or whose certificate has been suspended, surrendered or revoked, unless the state board has subsequently reinstated the person's certificate. A governing board shall adopt procedures for conducting background investigations required by this subsection, including one or more standard forms for use by school district officials to document their efforts to obtain information from previous employers. A school district may provide information received as a result of a background investigation required by this section to any other school district, to any other public school and to any public entity that agrees pursuant to a contract or intergovernmental agreement to perform background investigations for school districts or other public schools. School districts and other public schools may enter into intergovernmental agreements pursuant to section 11-952 and cooperative purchasing agreements pursuant to rules adopted in accordance with section 15-213 for the purposes of performing or contracting for the performance of background investigations and for sharing the results of background investigations required by this subsection. Information obtained about an employee or applicant for employment by any school district or other public school in the performance of a background investigation, including any records indicating that a current or former employee of a school or school district was disciplined for violating policies of the school district governing board pursuant to section 15-153, may be retained by that school district or the other public school or by any public entity that agrees pursuant to contract to perform background investigations for school districts or other public schools and may be provided to any school district or other public school that is performing a background investigation required by this subsection. G. A school district may fingerprint or require any other employee of the district to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the school district not otherwise required by this section to be fingerprinted or obtain a fingerprint clearance card on the condition that the school district may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee. H. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. I. Subsection A of this section does not apply to a person who provides instruction or other education services to a pupil, with the written consent of the parent or guardian of the pupil, under a work release program, advance placement course or other education program that occurs off school property. J. Public entities that agree pursuant to contract to perform background investigations, public schools, the department of education, the state board of education and previous employers who provide information pursuant to this section are immune from civil liability unless the information provided is false and is acted on by the school district to the harm of the employee and the public entity, the public school, the previous employer, the state board of education or the department of education knows the information is false or acts with reckless disregard of the information's truth or falsity. A school district that relies on information obtained pursuant to this section in making employment decisions is immune from civil liability for use of the information unless the information obtained is false and the school district knows the information is false or acts with reckless disregard of the information's truth or falsity. K. The superintendent of a school district or chief administrator of a charter school or the person's designee who is responsible for implementing the governing board's policy regarding background investigations required by subsection F of this section and who fails to carry out that responsibility is guilty of unprofessional conduct and is subject to disciplinary action by the state board. L. A school district may hire noncertificated personnel before receiving the results of the fingerprint check or a fingerprint clearance card but may terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check or the fingerprint clearance card. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, a school district may hire noncertificated personnel who are required or allowed unsupervised contact with pupils before the results of a fingerprint check are received or a fingerprint clearance card is issued if the school district does all of the following: 1. Documents in the applicant's file the necessity for hiring and placing the applicant before a fingerprint check could be completed or a fingerprint clearance card could be issued. 2. Ensures that the department of public safety completes a statewide criminal history information check on the applicant every one hundred twenty days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied. 3. Obtains references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer. 4. Provides general supervision of the applicant until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied. 5. Reports to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check or the issuance of a fingerprint clearance card. In addition, the school district shall report the number of applicants for whom fingerprint checks were not received or fingerprint clearance cards were not issued after one hundred twenty days and after one hundred seventy-five days of hire. M. Notwithstanding any other law, this section does not apply to pupils who attend school in a school district and who are also employed by a school district. N. A person who makes a false statement, representation or certification in any application for employment with the school district is guilty of a class 3 misdemeanor. O. For the purposes of this section, "background investigation" means any communication with an employee's or applicant's former employer that concerns the education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purpose of evaluating the employee or applicant for employment. Background investigation does not include the results of any state or federal criminal history records check. 15-513. Transportation employees; chemical abuse education; drug tests; costs; termination from employment; appeal; definition A. Beginning on January 1, 1991, a transportation employee shall submit to drug and alcohol testing if the supervisor of the employee, or the supervisor's designee, has probable cause that the employee's job performance has been impaired by the use of alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be based on observance of the employee by district personnel or personnel of a contracting person or entity which furnishes transportation services to the school district and shall be documented by an affidavit signed by the person who has observed the behavior and the supervisor of the employee or the supervisor's designee. B. A transportation employee shall submit to drug and alcohol testing after an accident involving a vehicle used to transport pupils or an accident involving equipment used in the performance of the employee's duties if the supervisor of the employee, or the supervisor's designee, has probable cause, based on knowledge of the events and circumstances of the accident, that the employee's involvement in the accident was influenced by the use of alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be documented by an affidavit signed by the supervisor of the employee, or the supervisor's designee. C. School districts shall develop procedures for drug and alcohol testing of transportation employees as