ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 


HB 2110: schools; employees; employment; discipline

Sponsor:  Representative Udall, LD 25

Committee on Education

Overview

Requires the State Board of Education (SBE) to adopt rules and procedures for disciplinary action of noncertificated persons that are substantially similar to the rules and procedures for certificated persons and provides that the Arizona Department of Education (ADE) investigate written complaints alleging that a noncertificated person engaged in immoral or unprofessional conduct.

History

As part of its powers, SBE is required to supervise and control the certification of individuals directly engaged in instructional work (i.e. a classroom teacher) and individuals indirectly engaged in instructional work (i.e. a principal) (A.R.S. § 15-203). School districts are prohibited from employing teachers who do not have a valid teaching certificate, while charter schools are prohibited from employing teachers whose certificate have been surrendered or revoked, unless reinstated by SBE (A.R.S. §§ 15-502, 15-183).

Statute also directs SBE to impose disciplinary action, which may include a letter of censure, suspension, suspension with conditions or revocation of a certificate, upon finding that a certificated person has committed immoral or unprofessional conduct. SBE must prescribe procedures for the investigation of every written complaint alleging that a certificated person engaged in immoral or unprofessional conduct. Currently, the investigative unit is housed within ADE. The unit is directed and overseen by the Superintendent of Public Instruction (SPI) (A.R.S. § 15-251).

Noncertificated personnel and unpaid personnel that are allowed to provide direct services to students without the supervision of a certificated employee (e.g. student teachers, coaches) are required to be fingerprinted. Furthermore, school districts may require noncertificated personnel to obtain a fingerprint clearance card as a condition of employment (A.R.S. § 15-512).  All individuals directly or indirectly engaged in instructional work at a charter school are required to have a valid fingerprint clearance card (A.R.S. § 15-183).

Provisions

SBE

1.    Requires SBE to adopt rules and procedures for disciplinary action of noncertificated persons that are substantially similar to the rules and procedures for certificated persons. (Sec. 5)

2.    Directs SBE to adopt rules to define and provide guidance to school as to the activities that would constitute immoral or unprofessional conduct of noncertificated persons. (Sec. 2)

3.    Requires SBE to adopt rules prescribing procedures for the investigation by ADE of every written complaint alleging that a person seeking certification or a noncertificated person has engaged in immoral or unprofessional conduct. (Sec. 2)

4.    Permits SBE to review a complaint and determine whether to take disciplinary action against a noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting the person's employment at a school district or charter school for up to five years.  (Sec. 5)

5.    States that a person who is subject to disciplinary action by SBE is not eligible for certification. (Sec. 8)

6.    Requires SBE to permanently prohibit a noncertificated person from employment at a school district or charter school who is convicted of:

a)    A dangerous crime against children;

b)    Sexual abuse or assault of a minor;

c)    Sexual conduct with a minor;

d)    Committing an act in another state or territory that, if committed in this state, would have been a dangerous crime against children;

e)    A preparatory offense of any of these crimes; or

f)     Any crime that requires the person to register as a sex offender. (Sec. 10)  

ADE

7.    Mandates ADE to investigate written complaints alleging that a noncertificated person engaged in immoral or unprofessional conduct. (Sec. 5)

8.    Requires the SPI to direct and oversee the work of all investigators related to investigation noncertificated persons for immoral or unprofessional conduct. (Sec. 3)

9.    Allows ADE to provide information, records or reports relating to the investigation of a certificated or noncertificated person to:

a)    Any school or school district that currently employs the certificated or noncertificated person;

b)    Any school or school district to which the certificated or noncertificated person has applied for employment;

c)    Any third-party entity that contracts with a school or school district to provide educators and to which the person has applied for employment;

d)    Any agency that received or is investigating an application by the certificated or noncertificated person for a certificate or license or that is conducting an investigation of the person in order to make a certification or licensure decision; and

e)    A state education agency in another state, or the equivalent, in which a person holds a certificate or is applying for a certificate. (Sec. 4)

School Districts and Charter Schools

10.  Prohibits a school district or charter school from employing either of the following individuals in a position that requires a valid fingerprint clearance card:

a)    A certificated person whose certificate has been suspended, surrendered or revoked, unless reinstated by SBE; and

b)    A noncertificated person who has had disciplinary action imposed by SBE. (Sec. 1, 5, 6)

11.  Requires a school district or charter school to check the educator information system before employing a person. (Sec. 1, 5, 6)

12.  Mandates each school district and charter school annually submit to ADE a list of certificated and noncertificated persons who are employed at the school district or charter school (Sec. 5)

 

 

Reporting

13.  Requires any noncertificated person who reasonably suspects or receives a reasonable allegation that a certificated or a noncertificated person engaged in conduct involving minors to report to ADE in writing as soon as is reasonably practicable, but not later than three business days. (Sec. 7)

14.  Stipulates, upon request of SBE, a school or school district that employed a noncertificated person during the time in which the person is alleged to have engaged in conduct constituting grounds for disciplinary action make available the attendance and testimony of witnesses, documents and any physical evidence. (Sec. 4)

15.  Requires a school district superintendent or the chief administrator of a charter school, who reasonably suspects or receives a reasonable allegation that a noncertificated person engaged in an act of immoral or unprofessional conduct, to report the conduct to ADE. (Sec. 7)

16.  States that a noncertificated person's failure to report information alleging a person engaged in conduct with minors constitutes grounds for disciplinary action by SBE. (Sec. 7)

17.  Prohibits a governing board or school district employee, who has control over personnel decisions and reasonably suspects that a noncertificated person engaged in conduct involving minors, from accepting a noncertificated person's resignation until suspicions or allegations have been reported to SBE. (Sec. 7)

18.  States that a final adjudication or judgment in another jurisdiction that a noncertificated person has engaged in immoral or unprofessional conduct is to be treated as immoral or unprofessional conduct. (Sec. 9)

19.  Provides that the person who reports or provides information regarding the immoral or unprofessional conduct of a noncertificated person in good faith is not subject to an action for civil damages as a result. (Sec. 7)

Miscellaneous

20.  Adds hearing officers to those who may conduct hearings and screenings on behalf of SBE. (Sec. 2)

21.  Defines noncertificated person to mean a school district or charter school employee who does not possess a certificate issued by SBE and is required or allowed to provide services directly to pupils without the supervision of a certificated employee but is not:

a)    A transportation employee;

b)    A food service employee or contractor;

c)    A maintenance worker; or

d)    An employee or contractor of the school district or charter school that is not required to possess a valid fingerprint clearance card. (Sec. 5)

22.  Defines supervision. (Sec. 5)

23.  Makes technical changes. (Sec. 1, 3, 4)

24.  Makes conforming changes. (Sec. 2, 4, 10)

 

 

 

 

 

 

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Initials CH                   Education

 

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