Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1560 Comm Sub / Analysis

Filed 03/13/2024

                      	SB 1560 
Initials CH 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: ED DP 7-0-0-0 | 3rd Read 28-0-2-0 
House: ED DP 10-0-0-0 
 
SB 1560: public schools; noncertificated personnel; discipline 
Sponsor: Senator Bennett, LD 1 
House Engrossed 
Overview 
Expands the authority of the State Board of Education (SBE) to prohibit or restrict a 
noncertificated person from being employed in a school district or charter school (public 
school) if the person was disciplined in another jurisdiction.  
History 
Currently, a noncertificated person is a public school employee who does not have a certificate 
issued by SBE and who is required or allowed to provide services directly to students without 
being supervised by a certificated employee. However, noncertificated person does not include 
a person who is a: 1) transportation employee; 2) food service employee or contractor; 3) 
maintenance worker; or 4) public school employee or contractor who is not required to have 
a valid fingerprint clearance card. 
SBE is required to investigate written complaints alleging that a noncertificated person 
engaged in immoral or unprofessional conduct. SBE may review complaints and determine 
whether to take disciplinary action against a noncertificated person, including prohibiting 
that person from being employed at a public school for up to five years. A public school may 
not employ a noncertificated person who has been prohibited from employment in a public 
school by SBE in a position that requires a valid fingerprint clearance card (A.R.S. § 15-505).  
An applicant for certification who was disciplined in another jurisdiction for immoral or 
unprofessional conduct must successfully complete the disciplinary process in that 
jurisdiction before applying for certification in Arizona. Furthermore, after notice that a 
person's educator certificate has been revoked in another jurisdiction, SBE may revoke all 
Arizona certificates issued to that person in a manner consistent with the terms of revocation 
in the other jurisdiction, unless the person requests a hearing. After such a hearing, SBE 
must determine whether to uphold or decline the revocation (A.R.S. § 15-534.04).  
Provisions 
1. Requires a noncertificated person who was disciplined in another jurisdiction for immoral 
or unprofessional conduct to successfully complete the disciplinary process in that 
jurisdiction before being employed by an Arizona public school. (Sec. 2) 
2. Allows SBE, after notice that another jurisdiction revoked or suspended a noncertificated 
person's ability to be employed by a public school, to prohibit the noncertificated person 
from being employed by an Arizona public school in a manner consistent with the terms 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1560 
Initials CH 	Page 2 	House Engrossed 
of revocation or suspension in the other jurisdiction, unless the person requests a hearing. 
(Sec. 2) 
3. Stipulates that if the noncertificated person requests a hearing, SBE must determine 
whether to uphold or decline the revocation or suspension after the hearing. (Sec. 2) 
4. Authorizes SBE, after notice that a person's educator certificate was suspended in 
another jurisdiction, to suspend that person's Arizona certificates in a manner consistent 
with the terms of the suspension in the other jurisdiction. (Sec. 2) 
5. Includes, in the definition of noncertificated person, a current or prospective public school 
employee who meets existing statutory criteria. (Sec. 1) 
6. Makes technical and conforming changes. (Sec. 1, 2)