Arizona 2023 2023 Regular Session

Arizona House Bill HB2459 Comm Sub / Analysis

Filed 04/05/2023

                      	HB 2459 
Initials CH/SJ 	Page 1 	Senate Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: ED DP 9-1-0-0 | 3rd Read 33-27-0-0 
Senate: ED DP 4-3-0-0 | 3rd Read 16-14-0-0   
 
HB 2459: schools; governing board members; employment 
Sponsor: Representative Pingerelli, LD 28 
Senate Engrossed 
Overview 
Stipulates a school district may not employ a person who served on the school district's governing 
board (governing board) during the preceding two years.  
History 
The governing body of a school district is the governing board. To run for election to a governing 
board, a person must be a registered voter of Arizona and have resided in the school district for 
at least one year immediately prior to the election. Furthermore, a currently serving governing 
board member cannot serve simultaneously on another governing board or run to be a member 
of another governing board, unless it is the last year of their term. Statute prohibits a school district 
employee, including a person who provides services as an employee of a third-party contractor, 
or the spouse of such an employee from holding membership on the school district's governing 
board. 
If the governing board is composed of five members, immediate family who have the same 
household of residence within four years cannot serve simultaneously on the same governing 
board. Statute establishes an exception to this rule for a small school district meeting other 
prescribed criteria (A.R.S. § 15-421).  
Finally, a governing board member's dependent may not be employed in the same school district 
without consent from the governing board (A.R.S. § 15-502).  
Provisions 
1. Prohibits a school district from employing, including employment through a third-party 
contractor, any individual who served on the school district's governing board during the 
preceding two years. (Sec. 1) 
2. Allows a school district to increase the prescribed prohibition period to more than two years. 
(Sec. 1) 
3. Makes technical and conforming changes. (Sec. 1) 
Senate Amendments 
1. Allows a school district to employ, including employment through a third-party contractor, a 
person who served on the school district's governing board during the preceding two years 
only in a position that provides services directly to students.  
2. Specifies the allowable positions include a certificated or substitute teacher and an employee 
or contractor who provides transportation, instructional support or student support services.  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note