AEA Challenges Whether Bill 2011 is Constitutional

Photo courtesy of Tucson Choices

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Written by Narghis Sarwari - Staff Writer

The Arizona Education Association filed a petition with the Arizona Supreme Court against Arizona Governor Janice Brewer and the state legislators calling the newly passed House Bill 2011 unconstitutional.

The bill, which was approved in a special session called to discuss state budget proposals, contains policy changes that remove seniority, contract deadlines, allow districts to not pay a teacher for time release to attend a professional activities, and allow schools to change teacher salaries at their own discretion.

Keith Beauchamp, the Arizona Education Association attorney, believes that the new policy changes towards teacher labor laws are unconstitutional because the bill was passed in a special session dedicated to budget proposals. State law doesn’t allow issues outside the one for which the special session was called to be discussed.

John Wright, the AEA president said “these policies represent a complete abandonment of legislative leadership. The special session was called to address Arizona’s budget deficit; instead, the legislature mysteriously determined that removing contract security and allowing salary reductions for career educators was a more appropriate focus. The interests of Arizona’s families, students, and economy were completely ignored,” which is why he, along with 34,000 AEA members, are battling the new changes.

House Speaker Kirk Adams(R) supports the new policy changes and is unconcerned by the lawsuit and said “The fact is, this is a well-established practice; ultimately a budget is a policy-setting document.”

The special action petition was filed on Tuesday, November 23, 2009, just one day before House Bill 2011 was to take effect.