Arkansas 2023 Regular Session

Arkansas Senate Bill SB572 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 792 of the Regular Session
3	2		TNL460 3/31/2023 4:38:15 PM TNL460
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 572 3
8	7		4
9	8		By: Senator J. English 5
10	9		By: Representative Cozart 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND PROV ISIONS OF THE ARKANS AS CODE 9
14	13		CONCERNING SCHOOL EM PLOYEE MISCONDUCT AN D BACKGROUND 10
15	14		CHECKS FOR REGISTERE D VOLUNTEERS; AND FO R OTHER 11
16	15		PURPOSES. 12
17	16		13
18	17		14
19	18		Subtitle 15
20	19		TO AMEND PROVISIONS OF THE ARKANSAS CODE 16
21	20		CONCERNING SCHOOL EMPLOYEE MISCONDUCT AND 17
22	21		BACKGROUND CHECKS FOR REGISTERED 18
23	22		VOLUNTEERS. 19
24	23		20
25	24		21
26	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
27	26		23
28	27		SECTION 1. Arkansas Code § 6 -17-407(b)(2), concerning the 24
29	28		investigation of allegations of public school employee criminal misconduct, 25
30	29		is amended to read as follows: 26
31	30		(2)(A) If the superintendent finds no basis for allegations of 27
32	31		criminal misconduct, he or she shall not be required to place any documents 28
33	32		relative to such allegations or the subsequent investigation in the 29
34	33		employee's personnel file. 30
35	34		(B) However, if the superintendent finds probable cause 31
36	35		that the employee has engaged in sexual misconduct with a minor, then the 32
37	36		superintendent or his or her designee shall not provide a favorable 33
38	37		recommendation of employment o n behalf of the employee. 34
39	38		35
40	39		SECTION 2. Arkansas Code § 6 -17-414(a), concerning criminal records 36 SB572
41	40
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43	42
44	43
45	44		checks as conditions for initial employment for nonlicensed personnel, is 1
46	45		amended to read as follows: 2
47	46		(a)(1)(A)(i) Except as provided in subdivision (a)(1)(C ) of this 3
48	47		section, the board of directors of an educational entity shall require as a 4
49	48		condition for initial employment or noncontinuous reemployment in a 5
50	49		nonlicensed staff position any person making application to apply to the 6
51	50		Identification Bureau of the Division of Arkansas State Police for statewide 7
52	51		and nationwide criminal records checks, the latter to be conducted by the 8
53	52		Federal Bureau of Investigation. 9
54	53		(ii)(a) Except as provided under subdivision 10
55	54		(a)(1)(C) of this section, if a registered voluntee r, as defined by § 6 -22-11
56	55		103, is in the process of obtaining a coaching certificate or will be working 12
57	56		with students in an athletic coaching capacity, then the board of directors 13
58	57		of the educational entity to which the individual is applying to be a 14
59	58		registered volunteer shall require as a condition for the registered 15
60	59		volunteer's unsupervised contact with students that the registered volunteer 16
61	60		apply to the Identification Bureau of the of the Division of Arkansas State 17
62	61		Police for statewide and nationwide crimin al records checks. 18
63	62		(b) A nationwide criminal records check 19
64	63		conducted as required under subdivision (a)(1)(A)(ii)(a) of this section 20
65	64		shall be conducted by the Federal Bureau of Investigation. 21
66	65		(ii)(iii) The checks shall conform to the applicable 22
67	66		federal standards and shall include the taking of fingerprints as required 23
68	67		under § 6-17-417. 24
69	68		(iii)(iv) The Identification Bureau of the Division 25
70	69		of Arkansas State Police and the Federal Bureau of Investigation may maintain 26
71	70		these fingerprints in the aut omated fingerprint identification system. 27
72	71		(B)(i) The person shall sign a release of information to 28
73	72		the Division of Elementary and Secondary Education. 29
74	73		(ii) Unless the employing educational entity's board 30
75	74		of directors has taken action to pay for th e cost of criminal background 31
76	75		checks required by this section, the employment applicant or person applying 32
77	76		to become a registered volunteer as described by subdivision (a)(1)(A)(ii)(a) 33
78	77		of this section shall be responsible for the payment of any fee associa ted 34
79	78		with the criminal records checks. 35
80	79		(C)(i) The board of directors of a school district created 36 SB572
81	80
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83	82
84	83
85	84		by consolidation, annexation, or detachment may waive the requirements under 1
86	85		subdivisions (a)(1)(A) and (B) of this section for personnel or registered 2
87	86		volunteers as described by subdivision (a)(1)(A)(ii)(a) of this section who 3
88	87		were employed by an affected district immediately before the annexation, 4
89	88		consolidation, or detachment and who had complete criminal background checks 5
90	89		conducted as a condition of the p erson's most recent employment with the 6
91	90		affected district as required under this section. 7
92	91		(ii) As used in subdivision (a)(1)(C)(i) of this 8
93	92		section, “affected district” means a school district that loses territory or 9
94	93		students as a result of annexation, consolidation, or detachment. 10
95	94		(2)(A) Upon completion of the criminal records check, the 11
96	95		Identification Bureau of the Division of Arkansas State Police shall forward 12
97	96		all releasable information obtained concerning the person to the Division of 13
98	97		Elementary and Secondary Education, which shall promptly inform the board of 14
99	98		directors of the educational entity whether or not the applicant is eligible 15
100	99		for employment as provided by subsection (b) of this section. 16
101	100		(B) A sealed, expunged, or pardoned conviction shall not 17
102	101		disqualify a person under this section if the conviction does not involve the 18
103	102		physical or sexual injury, mistreatment, or abuse of another. 19
104	103		(3)(A) The board of directors of an educational entity shall 20
105	104		require as a condition for initial employ ment or noncontinuous reemployment 21
106	105		of all nonlicensed personnel and registered volunteers as described by 22
107	106		subdivision (a)(1)(A)(ii)(a) of this section a Child Maltreatment Central 23
108	107		Registry check by the Department of Human Services. 24
109	108		(B) The applicant sh all sign a release of information to 25
110	109		the Division of Elementary and Secondary Education and shall be responsible 26
111	110		for the payment of any fee associated with the Child Maltreatment Central 27
112	111		Registry check. 28
113	112		(C) The Department of Human Services department shall 29
114	113		forward all releasable information concerning the applicant to the Division 30
115	114		of Elementary and Secondary Education upon completion of the Child 31
116	115		Maltreatment Central Registry check. 32
117	116		33
118	117		SECTION 2. The introductory language of Arkansas Code § 6 -17-414(b), 34
119	118		concerning regarding the offenses that disqualify an individual for 35
120	119		employment by an educational entity as a nonlicensed staff position, is 36 SB572
121	120
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123	122
124	123
125	124		amended to read as follows: 1
126	125		(b) A person, including without limitation nonlicensed persons who 2
127	126		provide services as a substitute teacher, shall not be eligible for 3
128	127		employment, whether initial employment, reemployment, or continued 4
129	128		employment, by an educational entity in a nonlicensed staff position or as a 5
130	129		registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this 6
131	130		section if the person has a true report in the Child Maltreatment Central 7
132	131		Registry or has pled guilty or nolo contendere to or has been found guilty of 8
133	132		any of the following offenses by a court in the State of Arkansas or of any 9
134	133		similar offense by a court in another state or by a federal court: 10
135	134		11
136	135		SECTION 4. Arkansas Code § 6 -17-414(d), concerning information 12
137	136		received by the Division of Elementary and Secondary Education from the 13
138	137		Identification Bureau of the Division of Arkansas State Police as i t pertains 14
139	138		to background checks, is amended to read as follows: 15
140	139		(d)(1) Any information received by the Division of Elementary and 16
141	140		Secondary Education from the Identification Bureau of the Division of 17
142	141		Arkansas State Police or the department pursuant to this section shall not be 18
143	142		available for examination except by the affected applicant for employment , 19
144	143		the registered volunteer as described by subdivision (a)(1)(A)(ii)(a) of this 20
145	144		section, or his or her duly authorized representative, and no a record, file, 21
146	145		or document shall not be removed from the custody of the Division of 22
147	146		Elementary and Secondary Education. 23
148	147		(2) Any information made available to the affected applicant or 24
149	148		registered volunteer as described by subdivision (a)(1)(A)(ii)(a) of this 25
150	149		section for employment shall be information pertaining to that applicant 26
151	150		only. 27
152	151		(3) Rights of privilege and confidentiality established under 28
153	152		this section shall not extend to any document created for purposes other than 29
154	153		this background check. 30
155	154		31
156	155		32
157		-	~~APPROVED: 4/12/23~~ 33
	156	+	33
158	157		34
159	158		35
160	159		36