REFERENCE TITLE: schools; certification; discipline; reciprocity |
State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2163 |
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Introduced by Representatives Boyer: Udall
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AN ACT
amending section 15‑534.02, Arizona Revised Statutes; amending Title 15, chapter 5, article 3, Arizona Revised Statutes, by adding section 15‑534.04; relating to certification of school personnel.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-534.02, Arizona Revised Statutes, is amended to read:
15-534.02. Restrictions on applications for certification after the surrender, revocation or denial of certificate
A. A person shall not submit an application for certification with the state board of education for a period of five years if any either of the following occurs:
1. The person surrenders a certificate issued by the state board of education.
2. The person's certificate is revoked by the state board of education on grounds of immoral or unprofessional conduct pursuant to rules adopted by the state board of education pursuant to section 15‑203.
3. B. The If a person's application for certification is denied by the state board of education on grounds of immoral or unprofessional conduct pursuant to rules adopted by the state board of education pursuant to section 15‑203, the state board of education shall determine that the person is prohibited from submitting an application for certification for a specified period up to five years. This paragraph does not apply to a person who, after denial of an application for certification, provides additional information that was not previously considered by the state board of education and that addresses the grounds on which the state board of education denied the application for certification.
B. C. The five year period periods of time prescribed in subsection subsections A and B of this section begins begin on the date that the state board of education accepts a surrendered certificate, makes a final decision to revoke a certificate or makes a final determination to deny an application for certification.
C. D. A person who has had a certificate revoked pursuant to section 15‑550 is not eligible to apply for certification with the state board of education.
D. E. The department of education shall not process an application for certification submitted by a person who is prohibited from submitting an application pursuant to subsections subsection A, and C B or D of this section.
Sec. 2. Title 15, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 15-534.04, to read:
15-534.04. Reciprocal discipline
A. A final adjudication or judgment in another jurisdiction that a certificated person has engaged in immoral or unprofessional conduct shall be treated as immoral or unprofessional conduct for purposes of any disciplinary proceeding conducted against that person in this state.
B. An applicant for certification who has been disciplined in another jurisdiction for immoral or unprofessional conduct shall successfully complete the disciplinary process in that jurisdiction before that person may apply for certification in this state.
C. After receiving notification that a person's educator certificate has been revoked in another jurisdiction, the state board of education shall revoke all certificates issued in this state to that person in a manner that is consistent with the terms of revocation in the other jurisdiction, unless that person requests a hearing pursuant to title 41, chapter 6, article 10. After conducting a hearing requested pursuant to this subsection, the state board of education shall determine whether to uphold the revocation or to decline the revocation.