Stricken language would be deleted from and underlined language would be added to present law.
Act 792 of the Regular Session
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 572 3
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By: Senator J. English 5
By: Representative Cozart 6
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For An Act To Be Entitled 8
AN ACT TO AMEND PROV ISIONS OF THE ARKANS AS CODE 9
CONCERNING SCHOOL EM PLOYEE MISCONDUCT AN D BACKGROUND 10
CHECKS FOR REGISTERE D VOLUNTEERS; AND FO R OTHER 11
PURPOSES. 12
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Subtitle 15
TO AMEND PROVISIONS OF THE ARKANSAS CODE 16
CONCERNING SCHOOL EMPL OYEE MISCONDUCT AND 17
BACKGROUND CHECKS FOR REGISTERED 18
VOLUNTEERS. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 6 -17-407(b)(2), concerning the 24
investigation of allegations of public school employee criminal misconduct, 25
is amended to read as follows: 26
(2)(A) If the superintendent finds no basis for allegations of 27
criminal misconduct, he or she shall not be required to place any documents 28
relative to such allegations or the subsequent investigation i n the 29
employee's personnel file. 30
(B) However, if the superintendent finds probable cause 31
that the employee has engaged in sexual misconduct with a minor, then the 32
superintendent or his or her designee shall not provide a favorable 33
recommendation of emp loyment on behalf of the employee. 34
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SECTION 2. Arkansas Code § 6 -17-414(a), concerning criminal records 36 SB572
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checks as conditions for initial employment for nonlicensed personnel, is 1
amended to read as follows: 2
(a)(1)(A)(i) Except as provided in subdivision (a)(1)(C) of this 3
section, the board of directors of an educational entity shall require as a 4
condition for initial employment or noncontinuous reemployment in a 5
nonlicensed staff position any person making application to apply to the 6
Identification Burea u of the Division of Arkansas State Police for statewide 7
and nationwide criminal records checks, the latter to be conducted by the 8
Federal Bureau of Investigation. 9
(ii)(a) Except as provided under subdivision 10
(a)(1)(C) of this section, if a registered volunteer, as defined by § 6 -22-11
103, is in the process of obtaining a coaching certificate or will be working 12
with students in an athletic coaching capacity, then the board of directors 13
of the educational entity to which the individual is applying to be a 14
registered volunteer shall require as a condition for the registered 15
volunteer's unsupervised contact with students that the registered volunteer 16
apply to the Identification Bureau of the of the Division of Arkansas State 17
Police for statewide and nationwi de criminal records checks. 18
(b) A nationwide criminal records check 19
conducted as required under subdivision (a)(1)(A)(ii)(a) of this section 20
shall be conducted by the Federal Bureau of Investigation. 21
(ii)(iii) The checks shall conform to the app licable 22
federal standards and shall include the taking of fingerprints as required 23
under § 6-17-417. 24
(iii)(iv) The Identification Bureau of the Division 25
of Arkansas State Police and the Federal Bureau of Investigation may maintain 26
these fingerprints i n the automated fingerprint identification system. 27
(B)(i) The person shall sign a release of information to 28
the Division of Elementary and Secondary Education. 29
(ii) Unless the employing educational entity's board 30
of directors has taken action to p ay for the cost of criminal background 31
checks required by this section, the employment applicant or person applying 32
to become a registered volunteer as described by subdivision (a)(1)(A)(ii)(a) 33
of this section shall be responsible for the payment of any fe e associated 34
with the criminal records checks. 35
(C)(i) The board of directors of a school district created 36 SB572
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by consolidation, annexation, or detachment may waive the requirements under 1
subdivisions (a)(1)(A) and (B) of this section for personnel or registered 2
volunteers as described by subdivision (a)(1)(A)(ii)(a) of this section who 3
were employed by an affected district immediately before the annexation, 4
consolidation, or detachment and who had complete criminal background checks 5
conducted as a condition of the person's most recent employment with the 6
affected district as required under this section. 7
(ii) As used in subdivision (a)(1)(C)(i) of this 8
section, “affected district” means a school district that loses territory or 9
students as a result of an nexation, consolidation, or detachment. 10
(2)(A) Upon completion of the criminal records check, the 11
Identification Bureau of the Division of Arkansas State Police shall forward 12
all releasable information obtained concerning the person to the Division of 13
Elementary and Secondary Education, which shall promptly inform the board of 14
directors of the educational entity whether or not the applicant is eligible 15
for employment as provided by subsection (b) of this section. 16
(B) A sealed, expunged, or pardoned c onviction shall not 17
disqualify a person under this section if the conviction does not involve the 18
physical or sexual injury, mistreatment, or abuse of another. 19
(3)(A) The board of directors of an educational entity shall 20
require as a condition for initi al employment or noncontinuous reemployment 21
of all nonlicensed personnel and registered volunteers as described by 22
subdivision (a)(1)(A)(ii)(a) of this section a Child Maltreatment Central 23
Registry check by the Department of Human Services. 24
(B) The applicant shall sign a release of information to 25
the Division of Elementary and Secondary Education and shall be responsible 26
for the payment of any fee associated with the Child Maltreatment Central 27
Registry check. 28
(C) The Department of Human Services department shall 29
forward all releasable information concerning the applicant to the Division 30
of Elementary and Secondary Education upon completion of the Child 31
Maltreatment Central Registry check. 32
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SECTION 2. The introductory language of Arkansas Code § 6 -17-414(b), 34
concerning regarding the offenses that disqualify an individual for 35
employment by an educational entity as a nonlicensed staff position, is 36 SB572
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amended to read as follows: 1
(b) A person, including without limitation nonlicensed persons who 2
provide services as a substitute teacher, shall not be eligible for 3
employment, whether initial employment, reemployment, or continued 4
employment, by an educational entity in a nonlicensed staff position or as a 5
registered volunteer as described by subdivision (a)( 1)(A)(ii)(a) of this 6
section if the person has a true report in the Child Maltreatment Central 7
Registry or has pled guilty or nolo contendere to or has been found guilty of 8
any of the following offenses by a court in the State of Arkansas or of any 9
similar offense by a court in another state or by a federal court: 10
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SECTION 4. Arkansas Code § 6 -17-414(d), concerning information 12
received by the Division of Elementary and Secondary Education from the 13
Identification Bureau of the Division of Arkansas State Police as it pertains 14
to background checks, is amended to read as follows: 15
(d)(1) Any information received by the Division of Elementary and 16
Secondary Education from the Identification Bureau of the Division of 17
Arkansas State Police or the department pursuant to this section shall not be 18
available for examination except by the affected applicant for employment , 19
the registered volunteer as described by subdivision (a)(1)(A)(ii)(a) of this 20
section, or his or her duly authorized representative, and no a record, file, 21
or document shall not be removed from the custody of the Division of 22
Elementary and Secondary Education. 23
(2) Any information made available to the affected applicant or 24
registered volunteer as described by subdivision (a)(1)(A)(ii)(a) of th is 25
section for employment shall be information pertaining to that applicant 26
only. 27
(3) Rights of privilege and confidentiality established under 28
this section shall not extend to any document created for purposes other than 29
this background check. 30
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APPROVED: 4/12/23 33
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