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 15-534, ARIZONA REVISED STATUTES; RELATING TO SCHOOL
PERSONNEL.
(TEXT OF BILL BEGINS ON NEXT PAGE)
H.B. 2566
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Be it enacted by the Legislature of the State of Arizona: 1
Section 1. Section 15-534, Arizona Revised Statutes, is amended to 2
read: 3
15-534. Fingerprinting; review and disciplinary action;
4
violation; classification 5
A. A person who applies for a certificate as prescribed in section 6
15-203 shall have a valid fingerprint clearance card that is issued pursuant 7
to title 41, chapter 12, article 3.1. Applicants who possess a certificate 8
pursuant to section 15-203 and who apply for additional certificates or who 9
apply for renewal of any certificate shall meet one of the following 10
requirements: 11
1. Have a valid fingerprint clearance card issued pursuant to title 12
41, chapter 12, article 3.1. 13
2. Provide proof of the submission of an application for a fingerprint 14
clearance card. Applicants who have been denied a fingerprint clearance card 15
shall also provide proof that the applicant qualifies for a good cause 16
exception hearing pursuant to section 41-619.55. 17
B. A person who is certified pursuant to section 15-203 shall maintain 18
a valid fingerprint clearance card during the valid period of the person's 19
certificate or certificates. 20
C. The state board of education may review and determine whether to 21
renew or not issue a certificate to an applicant for certification on a 22
finding that the applicant engaged in conduct that is immoral or 23
unprofessional or engaged in conduct that would warrant disciplinary action 24
if the person had been certified at the time that the alleged conduct 25
occurred. The board shall prescribe guidelines for this process. 26
D. The state board of education may take disciplinary action against 27
or not renew the certificate of a person on a finding that the certificated 28
person engaged in conduct that is immoral or unprofessional or engaged in 29
conduct that would warrant disciplinary action if the person had been 30
certified at the time that the alleged conduct occurred. The board shall 31
prescribe guidelines for this process. 32
E. The department of education may issue conditional certification 33
before an applicant has obtained a valid fingerprint clearance card. A 34
conditional certificate may be used only for employment in the school 35
district that submits an application to the department of education for 36
conditional certification pursuant to this subsection. The state board of 37
education may revoke conditional certification if the information on the 38
application for a conditional certificate is false or incomplete, the 39
applicant is denied a fingerprint clearance card or the conditional 40
certificate is used for employment in a school district other than the school 41
district that is indicated on the application for conditional certification. 42
In addition to any other conditions or requirements deemed necessary by the 43
superintendent of public instruction to protect the health and safety of 44
pupils, conditional certification shall be issued before the applicant 45
H.B. 2566
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obtains a fingerprint clearance card if all of the following conditions are 1
met: 2
1. The school district that is seeking to hire the applicant verifies 3
in writing on a form developed by the department of education the necessity 4
for hiring and placement of the applicant before a fingerprint check is 5
completed. 6
2. The school district that is seeking to hire the applicant performs 7
all of the following: 8
(a) Ensures that the department of public safety completes a statewide 9
criminal records check on the applicant. A statewide criminal records check 10
shall be completed by the department of public safety every one hundred 11
twenty days until the date that the fingerprint check is completed. 12
(b) Completes a search of criminal records in all local jurisdictions 13
outside of this state in which the applicant has lived in the previous five 14
years. 15
(c) Obtains references from the applicant's current employer and two 16
most recent previous employers except for applicants who have been employed 17
for at least five years by the applicant's most recent employer. 18
(d) Provides general supervision of the applicant until the applicant 19
receives permanent certification from the department of education. 20
F. Before employment, schools or school districts shall verify the 21
certification and fingerprint status of applicants who apply for school or 22
school district positions that require certification. 23
G. ANY PERSON WHO PARTICIPATES IN A TEACHER PREPARATION PROGRAM THAT 24
IS APPROVED BY THE STATE BOARD OR ANY PERSON WHO IS CONTRACTED BY THIS STATE, 25
BY A SCHOOL DISTRICT OR BY A CHARTER SCHOOL TO PROVIDE TUTORING SERVICES 26
SHALL OBTAIN A FINGERPRINT CLEARANCE CARD PURSUANT TO THIS SECTION BEFORE THE 27
PERSON PARTICIPATES IN FIELD EXPERIENCE IN WHICH SERVICES WILL BE PROVIDED 28
DIRECTLY TO PUPILS. 29
G. H. The state board of education shall notify the department of 30
public safety if the state board of education receives credible evidence that 31
a person who possesses a valid fingerprint clearance card either: 32
1. Is arrested for or charged with an offense listed in section 33
41-1758.03, subsection B. 34
2. Falsified information on the form required by subsection A of this 35
section. 36
H. I. A person who makes a false statement, representation or 37
certification in any application for certification is guilty of a class 3 38
misdemeanor. 39
