Assigned to ED AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1558
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, been convicted of or is
waiting trial on specified offenses. Classifies a violation of the disclosure requirement as a class 6
felony.
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 6 felony carries a presumptive imprisonment sentence of 1 year for a first time
felony offender, with a possible maximum sentence of 5.75 years for aggravated offenses
committed by a category 3 repetitive offender (A.R.S. §§ 13-702 and 13-703). The fine for a felony
may be up to $150,000 (A.R.S. §§ 13-702; 13-703; and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET – AMENDED
S.B. 1558
Page 2
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, been convicted
of or is waiting trial on:
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 or territory, 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 6
felony.
3. Specifies that it is a defense to a prosecution for a violation of the requirement to disclose the
outlined offenses committed in another state or territory that the individual's failure to disclose
was due to a good faith mistake of law.
4. 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.
5. Becomes effective on the general effective date.
Amendment Adopted by Committee of the Whole
1. Adds, to the criminal conviction disclosure, a requirement to disclose whether the
individual is waiting trial on the outlined crimes relating to child endangerment and
sexual abuse.
2. Reclassifies, from a class 3 misdemeanor to a class 6 felony, a violation of the
requirement relating to criminal conviction disclosure.
Amendment Adopted by the House of Representatives
• Specifies that it is a defense to a prosecution for a violation of the requirement to disclose
offenses committed in another state or territory that the individual's failure to disclose was
due to a good faith mistake of law.
Senate Action House Action
ED 2/5/24 DP 7-0-1 ED 3/5/24 DP 6-1-0-3
3
rd
Read 2/22/24 28-0-2 3
rd
Read 3/20/24 55-1-3-0-1
Prepared by Senate Research
March 21, 2024
MH/LB/slp