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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
school employment; criminal convictions; disclosure
Purpose
Requires an applicant for public or private school employment to disclose to each prospective employer whether the applicant has pled guilty, no contest or been convicted of specified offenses. Classifies a violation of the disclosure requirement as a class 3 misdemeanor.
Background
Each school district and charter school must, before employing a certificated or noncertificated person, conduct a search of the prospective employee on the Arizona Department of Education's educator certification information system. A school district or charter school may not employ: 1) a certificated person whose certificate has been suspended, surrendered or revoked, unless subsequently reinstated by the State Board of Education (SBE); and 2) a noncertificated person who has be prohibited from employment by the SBE for immoral or unprofessional conduct (A.R.S. § 15-505).
A person is guilty of unprofessional conduct if the person has been convicted of: 1) a dangerous crime against children; 2) sexual abuse or sexual assault of a minor; 3) sexual conduct with a minor; 4) an act committed in another state, that if committed in Arizona would be a dangerous crime against children, sexual abuse or sexual assault of a minor or sexual conduct with a minor; or 5) a preparatory offense of the outlined offenses. The SBE must revoke the certificate of a person who is guilty of unprofessional conduct immediately on notification of the conviction and permanently prohibit a noncertificated person who is guilty of unprofessional conduct from employment at a school district or charter school. A school district employee or applicant who is arrested or charged for any offense that precludes the person from obtaining a fingerprint clearance card and does not immediately report the offense to the person's supervisor or potential employer is guilty of unprofessional conduct and must be immediately dismissed from school district employment or immediately excluded from potential employment (A.R.S. § 15-550).
A class 3 misdemeanor carries a maximum prison sentence of thirty days and a civil penalty of not more than $500 (A.R.S. § 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an individual who applies for employment by an Arizona school to disclose to each prospective employer whether the individual has pled guilty, pled no contest or been convicted of:
a) a dangerous crime against children;
b) sexual abuse of a minor;
c) sexual conduct with a minor;
d) an offense that requires the individual to register as a sex offender;
e) an act committed in another state, that if committed in Arizona would be a dangerous crime against children, sexual abuse or sexual assault of a minor or sexual conduct with a minor or require registration as a sex offender; or
f) a preparatory offense of the outlined offenses.
2. Classifies a violation of the requirement relating to criminal conviction disclosure as a class 3 misdemeanor.
3. Defines school as a school district, charter school or private school that provides instruction to students in kindergarten programs or any of grades 1 through 12.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
MH/LB/slp