ARIZONA STATE SENATE RESEARCH STAFF

FOR CAUCUS & FLOOR ACTION

MEMO

David Garcia

Shanti Rosset

Senate Education Committee

542-3171

TO: MEMBERS OF THE SENATE

DATE: April 9, 1998

Re: Strike Everything Amendment to H.B. 2697

Purpose

Allows the Department of Education to issue conditional certificates to teachers before receiving the results of their fingerprint checks. Establishes requirements and processes for acquiring conditional certificating.

Background

Teachers must receive Arizona certification before teaching in the state's public schools. The requirements for providing teacher certification are shared by the State Board of Education, which controls and supervises teacher certification, and by the Department of Education, which processes applications and issues certification. In order to be certificated, applicants must provide personal background information including information regarding any arrests, convictions, or pending trials. Additionally, the Department of Public Safety (DPS) performs a statewide criminal history check for each applicant and reports to the Department of Education any findings of criminal activity in Arizona.

Applicants are fingerprinted as a condition of certification and under current law, the Department of Education does not issue permanent certificates until the results of an applicant's fingerprint check have been returned. DPS transmits applicants' fingerprints for processing to the Federal Bureau of Investigation (FBI). DPS reports that there is currently an average processing time of 42 days for a fingerprint check and there is an approximately 8% return rate of fingerprints that need to be retaken and reprocessed. Some school districts have reported trouble filling teaching positions because of the time necessary for FBI processing of fingerprints.

STRIKE EVERYTHING AMENDMENT TO H.B. 2697 - Corrected Page

The proposed strike everything amendment permits the Department of Education (Department) to issue conditional certificates to teachers before receiving the results of applicants' fingerprint check and establishes requirements for the issuance of conditional certification.

Provisions

1. Permits the Department of Education to issue conditional certification before receiving the results of a teacher's fingerprint check.

2. Allows the State Board of Education to revoke the certification if the information received from the fingerprint check does not correspond to the information provided by the applicant.

3. Authorizes the Superintendent of Public Instruction to establish additional conditions or requirements for issuance of conditional certification that are deemed necessary for the health and safety of pupils.

4. Requires school districts to:

(a) Notify the Department of Education, on a standard form developed by the Department, of the necessity of hiring an applicant before receiving the results of the applicant's fingerprint check.

(b) Complete a search of criminal records in all of the jurisdictions in which the applicant has lived in the past two years.

(c) Ensure that the Department of Public Safety performs a statewide criminal history check.

(d) Obtain satisfactory references from the applicant's current or previous employer.

(e) Monitor the applicant with due diligence.

5. Makes technical changes.

6. Contains an emergency clause.

Amendments Adopted by Committee

1. Adds an emergency clause.

Senate Action

EDUC 4/9/98 DPA 6-0-1

SR/cmh

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