Pay

Q: Will I continue to get paid or do I have to use accrued vacation or sick leave through the closure?

HB2910 stipulates each public school SHALL continue to pay ALL employees. From March 30, 2020, onward, the bill requires employees to “commit to be available to work” in order to be paid. If an employee is able to perform work remotely, the employee “shall” work remotely for the duration of the closures. If not, “the public school shall reassign the employee to other tasks that the employee is able to perform and the employee shall perform those tasks beginning March 30, 2020 through the duration of the statewide closure.” Importantly, it is the responsibility of the district to assign the work in this case. 

If an employee is unavailable to work, an employee may be able to take, as appropriate, (1) Emergency Paid Sick Leave (under federal law), (2) Public Health Emergency Leave (under federal law), (3) Earned Paid Sick Time (under Arizona law), or (4) other available accrued leave.

Q: How is “committed” to being available to work during the employee’s normal work hours defined? 

HB2910 is silent on the definition, so the definition is open to interpretation. Many school boards have passed resolutions defining the work of “essential” and “non-essential” employees. In most cases, the boards have given ultimate discretion to the superintendent to develop an emergency plan of action, which includes determining how work will be completed. It is important for Associations to work with districts to implement an emergency action plan to determine how work will be performed.

However, Sec. 1 (C)(6)(b) does specify that if work can be done remotely, employees SHALL work “remotely” beginning March 30 through the duration of the school closure. Once the statewide school closure has been lifted, and if the school resumes physical operations, employees are required to report back to their workplace, unless otherwise given authorization by the school.

Contracts 

Relevant Arizona Revised Statute (A.R.S)

15-538.01 Offer of contract to continuing teacher)

15-536 (B) Offer of contract to probationary teacher; acceptance; notice to teacher of intention not to reemploy; definition

Q: When are teacher contracts offered? 

The law used to have specific dates to offer contracts, but since November 24, 2009, there are no statutory deadlines for issuing contracts. Some school district policies may establish deadlines, so check your district’s policies and agreements. Unless there is a policy or agreement saying otherwise, districts must offer written contracts for the following year to all probationary and continuing teachers, unless: 

• The probationary teachers have received a notice of intent not to reemploy (nonrenewal notice). A reason for the non-renewal must be included in the notice of non-renewal that is provided to the teacher. A.R.S. 15-536 (B) also requires advance notice to a probationary teacher whose contract is not going to be renewed.
• A.R.S. 15-536 (B) and 15-538 requires preliminary notice and 45 instructional day improvement period prior to the date that final notice is given to probationary teacher whose contract is not going to be renewed when the basis of the decision not to renew is inadequate classroom performance. 
• The continuing teachers have received a notice of intent to dismiss (dismissal notice). 
  • A.R.S. 15-341 (A)(21) requires policies and procedures for imposing discipline against a teacher for misconduct that is not cause for dismissal or suspension without pay for more than ten school days. The procedures must include notice, a hearing and an appeal.
  • A.R.S. 15-539 through 15-551 contains the hearing and appeal procedures without pay for more than ten school days for a certificated teacher
  • A.R.S. 15-538 and 15-539 (C) requires preliminary notice and a 45 instructional day improvement period prior to the dates that charges of dismissal are adopted when the charges are based on inadequate classroom performance

• The teachers have received notice of a reduction in personnel (RIF). 

Note:  For school employees other than certificated teachers, no reason needs to be stated but the reason for the non-renewal cannot be a legally bad reason.

Other relevant statutes:

23-1501 (The Arizona Employment Protection Act – among other things, this law defines “at will” employment and contains whistleblower provisions that apply to both public and private employees)

Q: How can teachers accept contracts? 

Relevant A.R.S

15-502 (Employment of school district personnel; payment of wages of discharged employee)

• Requires that certificated employees be issued written contracts

Within 15 business days from receipt of the written contract, teachers accept a contract from a school district by either: 

1. Signing and returning it within 15 business days; or 
2. Sending a written letter accepting the terms of the contract to the governing board. 

Receipt occurs when the contract is personally delivered, placed in the teacher’s school-provided mailbox (including electronic mail), or 2 days after mailing. If teachers do not accept within 15 business days, the district has no obligation to employ them. If teachers add terms to the written contract, then they have not accepted the contract, and the district has no obligation to honor the amended contract.  

Due to the uncertainty and length of school closures, teachers may be offered a contract differently than they’re used to in the past.  Contracts may be mailed to the teacher's home address or by electronic mail.  In all likelihood, directions by the district should accompany the contract with instructions on how to accept the contract.  Signing and accepting the contract electronically may be the norm, but other acceptable methods of mailing back the signed contract or dropping it off to a designated district building may also be offered.  Pay close attention to your email and mailbox, along with communication from the district to keep an eye out for your contract and remember the 15 business day deadline to return it.  Lastly, once teachers sign a contract, they are obligated to fulfill the contract unless the governing board approves a resignation. Resigning without governing board approval is unprofessional and the penalty can be up to revocation of your certificate.