ARIZONA STATE SENATE
Phoenix, Arizona
charter school teachers; background checks
Requires charter school instructors to obtain a valid class 1 or class 2 fingerprint clearance card and provides for background checks of potential charter school employees. Prohibits a charter school applicant from being issued a charter unless the applicant obtains a valid fingerprint clearance card and prohibits a charter school from employing teachers whose certification has been revoked due to stipulated offenses.
The Division of Fingerprinting (Division) within
the Department of Public Safety (DPS) processes fingerprints to determine if
applicants are eligible for a class 1 or class 2 fingerprint clearance
card. A class 1 card allows a person to
have direct contact with all participating agency client populations, including
children and developmentally disabled clients.
A class 2 card permits a person to work with children, but not with the
developmentally disabled. The issuance
of class 1 or class 2 cards is dependent upon a person’s criminal history and
requires a subsequent background check every three years to renew the card. Within the three-year time frame the Division
may conduct periodic state criminal history record checks to update the
clearance status of fingerprint clearance cardholders. Individuals applying for a teaching
certificate must have a valid class 1 or class 2 fingerprint clearance card.
Current law requires charter school applicants
seeking to establish a charter school to submit a full set of fingerprints to
obtain state and federal criminal records checks. DPS may exchange fingerprint data with the Federal Bureau of
Investigation. Additionally, before a
charter is issued to an applicant, criminal records checks must be completed
(A.R.S. 15-183).
S.B. 1308 prohibits a charter school applicant
from being issued a charter unless the applicant obtains a valid class 1 or
class 2 clearance card. The bill
requires that all charter school instructors have a valid class 1 or class 2
fingerprint clearance card.
Additionally, the bill stipulates requirements for conducting background
checks of charter school employees and notifying DPS when there is credible
evidence that a charter school employee is arrested or charged with a
stipulated offense.
There is no discernible fiscal impact to the
state general fund associated with this bill.
Provisions
1. Adds charter school teachers to persons affected
under laws regarding the notice of conviction of teachers. Requires a copy of the judgment and sentence
and opinion of the court or magistrate to be sent to the charter school if a
charter school teacher is affected.
2. Prohibits a charter school applicant from being
issued a charter unless the applicant obtains a valid class 1 or class 2
fingerprint clearance card.
3. Removes the requirement that all non-certificated
personnel in charter schools be fingerprinted.
4. Requires all charter school personnel who
directly engage in instructional work as a classroom, laboratory or other
teacher or indirectly as a supervisory teacher, speech therapist or principal
to have a valid class 1 or class 2 fingerprint clearance card.
5. Prohibits a charter school from employing a
teacher whose certificate has been revoked for a violation of abusing a teacher
or school employee or for being convicted for unprofessional conduct or any
offense that placed a pupil in danger.
6. Requires all other charter school personnel to be
fingerprinted pursuant to laws associated with the fingerprinting of
non-certificated personnel.
7. Requires, before employment, the charter school
to make documented, good faith efforts to contact previous employers of an
employee candidate for the purpose of obtaining information and recommendations
that may be relevant to a person’s fitness for employment.
8. Requires the charter school to notify DPS if the
charter school receives credible evidence that a person who possesses a valid
class 1 or class 2 fingerprint clearance card is arrested for or is charged
with stipulated offenses.
9. Contains technical and clarifying changes.
10. Provides for a general effective date.
Prepared by Senate Staff
March 12, 2002