ARIZONA STATE SENATE
deaf and blind; schools;
fingerprinting
Allows the Arizona Schools
for the Deaf and Blind (ASDB) to conduct fingerprinting background checks for
paid and nonpaid school personnel independent of the Department of Public
Safety’s (DPS) Fingerprinting Division.
Background
Current law mandates that state schools require their personnel to participate in the fingerprinting clearance card process administered by the Division of Fingerprinting within the DPS (A.R.S. 41- 1758). ASDB was inadvertently listed among the state schools required to fingerprint personnel when the legislation was adopted in 1998.
In 2000, the Access
Integrity Unit of the Federal Bureau of Investigation reviewed the request of
the ASDB to continue submitting their applicant fingerprint cards under the
authority of their own governing statute and granted them a grace period ending
October 30, 2001 to correct the language of A.R.S. 41-1758.
Removing the ASDB from the fingerprinting clearance card process of the DPS allows the school to evaluate results of state and federal background checks first hand. This bill allows the school to make decisions regarding employment eligibility, according to its own criteria and independent of the state.
The fiscal impact of S.B.
1270 is unknown at this time.
1. Replaces the issuance of fingerprint clearance cards with the requirement that paid and nonpaid personnel working in the school be fingerprinted as a condition of employment.
2. Requires paid and nonpaid school personnel to submit fingerprints to the superintendent within 20 days of employment.
3. Allows schools to charge the employee or nonpaid personnel for costs of the fingerprinting checks.
4. Requires paid and nonpaid school personnel to obtain fingerprints according to the guidelines of the DPS.
5. Requires paid and nonpaid school personnel to certify on fingerprinting forms that they have never admitted in open court or submitted to a plea agreement regarding criminal offenses.
6. Makes a change to the definition of “person” in statutes relating to the Department of Public Safety’s fingerprinting division.
7. Makes conforming and technical changes.
8. Provides for a general effective date.
Amendments
Adopted by Committee of the Whole
1. Requires ASDB to fingerprint nonpaid personnel working in the schools as a condition of employment for the purpose of obtaining state and federal criminal records check.
2. Requires the fingerprinting to be conducted pursuant to state and federal law.
3. Allows schools to charge the employee or nonpaid personnel for costs of the fingerprinting checks.
4. Requires ASDB to contact the agency that issued the license or certificate, if the school chooses to accept the issuance of a certificate or license to satisfy the fingerprinting requirement.
5. Reinstates the requirement that the school inform the DPS of credible evidence regarding criminal or fraudulent activity.
Senate Action
ED 2/1/01 DP 7-0-1-0
3rd Read 2/19/01 28-0-2-0
Prepared by Senate Staff
February 28, 2001