5 B 2566 Hb2566h

User Manual: B-2566

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House Engrossed

State of Arizona
House of Representatives
Forty-eighth Legislature
Second Regular Session
2008

HOUSE BILL 2566
AN ACT
AMENDING SECTION
PERSONNEL.

15-534,

ARIZONA

REVISED

STATUTES;

(TEXT OF BILL BEGINS ON NEXT PAGE)

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RELATING

TO

SCHOOL

H.B. 2566

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Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-534, Arizona Revised Statutes, is amended to
read:
15-534. Fingerprinting;
review
and
disciplinary
action;
violation; classification
A. A person who applies for a certificate as prescribed in section
15-203 shall have a valid fingerprint clearance card that is issued pursuant
to title 41, chapter 12, article 3.1. Applicants who possess a certificate
pursuant to section 15-203 and who apply for additional certificates or who
apply for renewal of any certificate shall meet one of the following
requirements:
1. Have a valid fingerprint clearance card issued pursuant to title
41, chapter 12, article 3.1.
2. Provide proof of the submission of an application for a fingerprint
clearance card. Applicants who have been denied a fingerprint clearance card
shall also provide proof that the applicant qualifies for a good cause
exception hearing pursuant to section 41-619.55.
B. A person who is certified pursuant to section 15-203 shall maintain
a valid fingerprint clearance card during the valid period of the person's
certificate or certificates.
C. The state board of education may review and determine whether to
renew or not issue a certificate to an applicant for certification on a
finding that the applicant engaged in conduct that is immoral or
unprofessional or engaged in conduct that would warrant disciplinary action
if the person had been certified at the time that the alleged conduct
occurred. The board shall prescribe guidelines for this process.
D. The state board of education may take disciplinary action against
or not renew the certificate of a person on a finding that the certificated
person engaged in conduct that is immoral or unprofessional or engaged in
conduct that would warrant disciplinary action if the person had been
certified at the time that the alleged conduct occurred. The board shall
prescribe guidelines for this process.
E. The department of education may issue conditional certification
before an applicant has obtained a valid fingerprint clearance card. A
conditional certificate may be used only for employment in the school
district that submits an application to the department of education for
conditional certification pursuant to this subsection. The state board of
education may revoke conditional certification if the information on the
application for a conditional certificate is false or incomplete, the
applicant is denied a fingerprint clearance card or the conditional
certificate is used for employment in a school district other than the school
district that is indicated on the application for conditional certification.
In addition to any other conditions or requirements deemed necessary by the
superintendent of public instruction to protect the health and safety of
pupils, conditional certification shall be issued before the applicant
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H.B. 2566

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obtains a fingerprint clearance card if all of the following conditions are
met:
1. The school district that is seeking to hire the applicant verifies
in writing on a form developed by the department of education the necessity
for hiring and placement of the applicant before a fingerprint check is
completed.
2. The school district that is seeking to hire the applicant performs
all of the following:
(a) Ensures that the department of public safety completes a statewide
criminal records check on the applicant. A statewide criminal records check
shall be completed by the department of public safety every one hundred
twenty days until the date that the fingerprint check is completed.
(b) Completes a search of criminal records in all local jurisdictions
outside of this state in which the applicant has lived in the previous five
years.
(c) Obtains references from the applicant's current employer and two
most recent previous employers except for applicants who have been employed
for at least five years by the applicant's most recent employer.
(d) Provides general supervision of the applicant until the applicant
receives permanent certification from the department of education.
F. Before employment, schools or school districts shall verify the
certification and fingerprint status of applicants who apply for school or
school district positions that require certification.
G. ANY PERSON WHO PARTICIPATES IN A TEACHER PREPARATION PROGRAM THAT
IS APPROVED BY THE STATE BOARD OR ANY PERSON WHO IS CONTRACTED BY THIS STATE,
BY A SCHOOL DISTRICT OR BY A CHARTER SCHOOL TO PROVIDE TUTORING SERVICES
SHALL OBTAIN A FINGERPRINT CLEARANCE CARD PURSUANT TO THIS SECTION BEFORE THE
PERSON PARTICIPATES IN FIELD EXPERIENCE IN WHICH SERVICES WILL BE PROVIDED
DIRECTLY TO PUPILS.
G. H. The state board of education shall notify the department of
public safety if the state board of education receives credible evidence that
a person who possesses a valid fingerprint clearance card either:
1. Is arrested for or charged with an offense listed in section
41-1758.03, subsection B.
2. Falsified information on the form required by subsection A of this
section.
H. I. A person who makes a false statement, representation or
certification in any application for certification is guilty of a class 3
misdemeanor.

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