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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
public schools; noncertified personnel; discipline
Purpose
Requires a noncertificated person who has been disciplined in another jurisdiction for immoral or unprofessional conduct to successfully complete the disciplinary process in that jurisdiction before beginning employment with an Arizona school district or charter school. Allows the State Board of Education (SBE) to suspend or revoke a noncertificated person's ability to teach after receiving notice that another jurisdiction revoked or suspended the person's ability to be employed in a public school in that jurisdiction.
Background
The SBE must investigate written complaints alleging that
a noncertificated person has engaged in immoral or unprofessional conduct. The
SBE may review a complaint and determine whether to take disciplinary action
against a noncertificated person who has engaged in unprofessional or immoral
conduct, including prohibiting the person's employment at a school district or
charter school for up to five years. All information received and records or
reports kept by the SBE or the Arizona Department of Education during an
investigation of immoral or unprofessional conduct are confidential and are not
a public record (A.R.S. §§ 15-350
and
15-505).
After receiving notification that a person's educator certificate has been revoked in another jurisdiction, the SBE may revoke all Arizona certificates issued to that person in a manner that is consistent with the terms of revocation in the other jurisdiction, unless the person requests a hearing. If the person requests a hearing, the SBE must determine whether to uphold the revocation or to decline the revocation after conducting the hearing. (A.R.S. § 15-534.04).
A noncertificated person means a school district or charter school employee who: 1) does not possess an SBE-issued certificate; and 2) is required or allowed to provide services directly to pupils without being supervised by a certificated employee.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a noncertificated person who has been disciplined in another jurisdiction for immoral or unprofessional conduct to complete the disciplinary process in that jurisdiction before the person may can be employed at an Arizona school district or charter school.
2. Allows the SBE, if the SBE receives notification that a person' educator certificate has been suspended in another jurisdiction, to suspend all Arizona certificates issued to that person in a manner that is consistent with the other jurisdiction's suspension terms.
3. Allows the SBE, after receiving notice that another jurisdiction has revoked or suspended a noncertificated person's ability to be employed by a school district or charter in that jurisdiction, to prohibit the noncertificated person from being employed by an Arizona school district or charter school in a manner consistent with the terms of the revocation or suspension from the other jurisdiction.
4. Requires the SBE, if the noncertificated person requests a hearing, to determine whether to uphold or decline the revocation or suspension after conducting the hearing.
5. Expands the definition of noncertificated person to include a current or prospective school district or charter school employee who meets specified requirements.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
MH/LB/cs