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| 52 | 53 | | An Act |
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| 56 | 57 | | amending sections 15-505 and 15-534.04, Arizona Revised Statutes; relating to school employees. |
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| 62 | 63 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 67 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-505, Arizona Revised Statutes, is amended to read: START_STATUTE15-505. Discipline; educator information system; personnel list; definitions A. Pursuant to the rules and procedures adopted pursuant to section 15-203, the state board of education shall investigate written complaints alleging that a noncertificated person has engaged in immoral or unprofessional conduct. B. The state board of education may review a complaint and determine whether to take disciplinary action against a noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting the person's employment at a school district or charter school for up to five years except as otherwise prescribed in section 15-550. The state board shall adopt rules and procedures for disciplinary action of noncertificated persons that are substantially similar to the rules and procedures for certificated persons. C. Before employing a certificated or noncertificated person, school districts and charter schools shall conduct a search of the prospective employee on the educator information system that is maintained by the department of education. D. A school district or charter school may not employ either of the following in a position that requires a valid fingerprint clearance card: 1. A certificated person whose certificate has been suspended, surrendered or revoked, unless the state board of education has subsequently reinstated the person's certificate. 2. A noncertificated person who has been prohibited from employment at a school district or charter school by the state board of education pursuant to subsection B of this section. E. Each school district and charter school shall annually submit to the department of education a list of certificated and noncertificated persons who are employed at the school district or charter school. The department shall issue guidance to school districts and charter schools regarding this subsection. F. For the purposes of this section: 1. "Noncertificated person": (a) Means a current or prospective employee of a school district or charter school employee who both: (i) Does not possess a certificate issued pursuant to rules adopted by the state board of education under section 15-203, subsection A, paragraph 14. (ii) Is required or allowed to provide services directly to pupils without being supervised by a certificated employee. (b) Does not include a person who does not hold a certificate and who is one of the following at a school district or charter school: (i) A transportation employee as defined in section 15-513. (ii) A food service employee or contractor. (iii) A maintenance worker. (iv) An employee or contractor of the school district or charter school that is not required to possess a valid fingerprint clearance card. 2. "Supervised" means being under the direction of and, except for brief periods of time during a school day or school activity, within sight of a certificated employee when providing direct services to pupils. END_STATUTE Sec. 2. Section 15-534.04, Arizona Revised Statutes, is amended to read: START_STATUTE15-534.04. Reciprocal discipline; certificated and noncertificated persons; definition A. A final adjudication or judgment in another jurisdiction that a certificated or noncertificated person has engaged in immoral or unprofessional conduct shall be treated as immoral or unprofessional conduct for the purposes of any disciplinary proceeding conducted against that person in this state. B. An applicant for certification who has been disciplined in another jurisdiction for immoral or unprofessional conduct shall successfully complete the disciplinary process in that jurisdiction before that person may apply for certification in this state. C. After receiving notification that a person's educator certificate has been revoked or suspended in another jurisdiction, the state board of education may revoke or suspend all certificates issued in this state to that person in a manner that is consistent with the terms of revocation or suspension in the other jurisdiction, unless that person requests a hearing pursuant to title 41, chapter 6, article 6. After conducting a hearing requested pursuant to this subsection, the state board of education shall determine whether to uphold the revocation or to decline the revocation or suspension. D. A noncertificated person who has been disciplined in another jurisdiction for immoral or unprofessional conduct must successfully complete the disciplinary process in that jurisdiction before the noncertificated person may be employed by a school district or charter school in this state. E. After receiving notice that another jurisdiction has revoked or suspended a noncertificated person's ability to be employed by a public school in that jurisdiction, the state board of education may prohibit the noncertificated person from being employed by a school district or charter school in this state in a manner that is consistent with the terms of revocation or suspension in the other jurisdiction, unless the noncertificated person requests a hearing pursuant to title 41, chapter 6, article 6. After conducting a hearing requested pursuant to this subsection, the state board of education shall determine whether to uphold or to decline the revocation or suspension. D. f. For the purposes of this section, "noncertificated person" has the same meaning prescribed in section 15-505. END_STATUTE |
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| 68 | 69 | | Be it enacted by the Legislature of the State of Arizona: |
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| 70 | 71 | | Section 1. Section 15-505, Arizona Revised Statutes, is amended to read: |
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| 71 | 72 | | |
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| 72 | 73 | | START_STATUTE15-505. Discipline; educator information system; personnel list; definitions |
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| 73 | 74 | | |
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| 74 | 75 | | A. Pursuant to the rules and procedures adopted pursuant to section 15-203, the state board of education shall investigate written complaints alleging that a noncertificated person has engaged in immoral or unprofessional conduct. |
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| 75 | 76 | | |
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| 76 | 77 | | B. The state board of education may review a complaint and determine whether to take disciplinary action against a noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting the person's employment at a school district or charter school for up to five years except as otherwise prescribed in section 15-550. The state board shall adopt rules and procedures for disciplinary action of noncertificated persons that are substantially similar to the rules and procedures for certificated persons. |
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| 77 | 78 | | |
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| 78 | 79 | | C. Before employing a certificated or noncertificated person, school districts and charter schools shall conduct a search of the prospective employee on the educator information system that is maintained by the department of education. |
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| 79 | 80 | | |
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| 80 | 81 | | D. A school district or charter school may not employ either of the following in a position that requires a valid fingerprint clearance card: |
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| 81 | 82 | | |
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| 82 | 83 | | 1. A certificated person whose certificate has been suspended, surrendered or revoked, unless the state board of education has subsequently reinstated the person's certificate. |
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| 83 | 84 | | |
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| 84 | 85 | | 2. A noncertificated person who has been prohibited from employment at a school district or charter school by the state board of education pursuant to subsection B of this section. |
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| 85 | 86 | | |
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| 86 | 87 | | E. Each school district and charter school shall annually submit to the department of education a list of certificated and noncertificated persons who are employed at the school district or charter school. The department shall issue guidance to school districts and charter schools regarding this subsection. |
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| 87 | 88 | | |
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| 88 | 89 | | F. For the purposes of this section: |
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| 89 | 90 | | |
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| 90 | 91 | | 1. "Noncertificated person": |
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| 91 | 92 | | |
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| 92 | 93 | | (a) Means a current or prospective employee of a school district or charter school employee who both: |
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| 93 | 94 | | |
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| 94 | 95 | | (i) Does not possess a certificate issued pursuant to rules adopted by the state board of education under section 15-203, subsection A, paragraph 14. |
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| 95 | 96 | | |
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| 96 | 97 | | (ii) Is required or allowed to provide services directly to pupils without being supervised by a certificated employee. |
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| 97 | 98 | | |
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| 98 | 99 | | (b) Does not include a person who does not hold a certificate and who is one of the following at a school district or charter school: |
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| 99 | 100 | | |
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| 100 | 101 | | (i) A transportation employee as defined in section 15-513. |
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| 101 | 102 | | |
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| 102 | 103 | | (ii) A food service employee or contractor. |
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| 103 | 104 | | |
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| 104 | 105 | | (iii) A maintenance worker. |
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| 105 | 106 | | |
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| 106 | 107 | | (iv) An employee or contractor of the school district or charter school that is not required to possess a valid fingerprint clearance card. |
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| 107 | 108 | | |
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| 108 | 109 | | 2. "Supervised" means being under the direction of and, except for brief periods of time during a school day or school activity, within sight of a certificated employee when providing direct services to pupils. END_STATUTE |
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| 109 | 110 | | |
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| 110 | 111 | | Sec. 2. Section 15-534.04, Arizona Revised Statutes, is amended to read: |
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| 111 | 112 | | |
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| 112 | 113 | | START_STATUTE15-534.04. Reciprocal discipline; certificated and noncertificated persons; definition |
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| 113 | 114 | | |
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| 114 | 115 | | A. A final adjudication or judgment in another jurisdiction that a certificated or noncertificated person has engaged in immoral or unprofessional conduct shall be treated as immoral or unprofessional conduct for the purposes of any disciplinary proceeding conducted against that person in this state. |
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| 115 | 116 | | |
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| 116 | 117 | | B. An applicant for certification who has been disciplined in another jurisdiction for immoral or unprofessional conduct shall successfully complete the disciplinary process in that jurisdiction before that person may apply for certification in this state. |
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| 117 | 118 | | |
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| 118 | 119 | | C. After receiving notification that a person's educator certificate has been revoked or suspended in another jurisdiction, the state board of education may revoke or suspend all certificates issued in this state to that person in a manner that is consistent with the terms of revocation or suspension in the other jurisdiction, unless that person requests a hearing pursuant to title 41, chapter 6, article 6. After conducting a hearing requested pursuant to this subsection, the state board of education shall determine whether to uphold the revocation or to decline the revocation or suspension. |
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| 119 | 120 | | |
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| 120 | 121 | | D. A noncertificated person who has been disciplined in another jurisdiction for immoral or unprofessional conduct must successfully complete the disciplinary process in that jurisdiction before the noncertificated person may be employed by a school district or charter school in this state. |
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| 121 | 122 | | |
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| 122 | 123 | | E. After receiving notice that another jurisdiction has revoked or suspended a noncertificated person's ability to be employed by a public school in that jurisdiction, the state board of education may prohibit the noncertificated person from being employed by a school district or charter school in this state in a manner that is consistent with the terms of revocation or suspension in the other jurisdiction, unless the noncertificated person requests a hearing pursuant to title 41, chapter 6, article 6. After conducting a hearing requested pursuant to this subsection, the state board of education shall determine whether to uphold or to decline the revocation or suspension. |
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| 123 | 124 | | |
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| 124 | 125 | | D. f. For the purposes of this section, "noncertificated person" has the same meaning prescribed in section 15-505. END_STATUTE |
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