Assigned to ED & APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1292
noncertificated personnel; disciplinary action
Purpose
Requires specified school district personnel to obtain a fingerprint clearance card, rather
than be fingerprinted, as a condition of employment and removes exemptions for outlined school
personnel from the requirement to be fingerprinted or obtain a fingerprint clearance card. Subjects
charter school personnel to the requirements of school district personnel to receive a fingerprint
check or obtain a fingerprint clearance card. Appropriates $1,200,000 from the state General Fund
(state GF) in FY 2026 to the State Board of Education (SBE) to investigate and take disciplinary
action on allegations of immoral or unprofessional conduct.
Background
Statute outlines conditions for employment for noncertificated personnel and personnel
who are not paid employees of a school district but who are required or allowed to provide services
directly to pupils without being supervised by a certificated employee (school personnel who are
not paid employees), including a requirement to be fingerprinted for a state and federal criminal
records check. A school district may hire a noncertificated person before the results of a fingerprint
check are received or a fingerprint clearance card is issued if the school district takes specified
actions, including ensuring that the Department of Public Safety (DPS) completes a statewide
criminal history information check on the applicant every 120 days. A person is exempt from the
requirement to be fingerprinted as a condition of employment if the person: 1) is required to be
fingerprinted as a condition of licensing; 2) was previously employed by a school district and
reestablished employment with that school district within one year; or 3) provides instruction or
other educational services under a work release program, advance placement course or other
program that occurs off school property (A.R.S. § 15-512).
Charter school personnel engaged in instructional work directly as a teacher or indirectly
as a supervisory teacher, speech therapist or principal, and all charter representatives, charter
school governing body members and charter holder officers, directors, members and partners must
have a fingerprint clearance card. All other charter school personnel must be fingerprint checked
for a state and federal criminal records check, but a charter school may require such personnel to
obtain a fingerprint clearance card. A charter school may hire personnel before a fingerprint
clearance card is issued if the charter school takes specified actions, including ensuring that DPS
completes a statewide criminal history information check on the applicant every 120 days (A.R.S.
§ 15-183).
Statute requires outlined applicants for school employment to submit for an identity
verified fingerprint (IVP) card, including applicants: 1) who apply for a new teaching certificate
to teach in a school district; 2) who are required for the first time to be fingerprinted or renew
fingerprints to teach in a charter school; and 3) who are noncertificated personnel or personnel FACT SHEET
S.B. 1292
Page 2
who are not paid employees subject to fingerprinting requirements. DPS uses an IVP card to
process a fingerprint clearance card as prescribed (A.R.S. § 15-106).
Statute requires the SBE to investigate written complaints alleging that a noncertificated
person engaged in immoral or unprofessional conduct and adopt rules and procedures for the
disciplinary action of noncertificated persons that is substantially similar to the rules and
procedures adopted for certificated persons. The SBE may review a complaint and determine
whether to take disciplinary action. Noncertificated person means a current or prospective
employee who does not possess an SBE-issued certificate and is required or allowed to provide
services directly to pupils without being supervised by an employee (A.R.S. § 15-505).
S.B. 1292 appropriates $1,200,000 from the state GF in FY 2026 to the SBE.
Provisions
School Districts
1. Requires noncertificated personnel and personnel who are not paid employees to obtain a
fingerprint clearance card, rather than be fingerprinted, as a condition of employment.
2. Directs a school district to develop procedures for submitting IVP cards for noncertificated
personnel and personnel who are not paid employees.
3. Removes the exemptions from the requirement to be fingerprinted or obtain a fingerprint
clearance card for:
a) school personnel who are required to be fingerprinted as a condition of licensing for
employment;
b) school personnel who were previously employed by a school district and reestablished
employment with that school district within one year; and
c) a person who provides instruction or other education services to a pupil, with the parent's
or guardian's written consent, under a work release program, advance placement course or
other education program that occurs off school property.
Charter Schools
4. Subjects all other charter school personnel who are not outlined teachers or administrators to
the requirement on noncertificated personnel or personnel who are not paid employees to
receive a fingerprint check or obtain a fingerprint clearance card.
5. Authorizes a charter school to require charter school personnel who are not subject to
fingerprint check requirements to obtain a fingerprint clearance card.
6. Applies the requirements for a charter school to hire an applicant who has not yet received
fingerprint clearance card to an applicant who has not yet received a fingerprint check. FACT SHEET
S.B. 1292
Page 3
Complaints of Immoral or Unprofessional Conduct
7. Appropriates $1,200,000 from the state GF in FY 2026 to the SBE to investigate written
complaints of immoral or unprofessional conduct and adopt rules and procedures for the
disciplinary action of noncertificated persons.
8. Stipulates that the SBE must investigate written complaints alleging that a noncertificated
person has engaged in immoral or unprofessional conduct and adopt rules and procedures for
the disciplinary action of noncertificated persons, only if sufficient monies are available.
Miscellaneous
9. Specifies that DPS must complete a statewide and federal, rather than only statewide, criminal
history information check on an applicant for a school district or charter school to hire the
applicant before the results of a fingerprint check are received or fingerprint clearance card is
issued.
10. Specifies that noncertificated personnel or personnel who are not paid employees include
persons who are required or allowed to provide services directly to pupils, rather than persons
who are required or allowed to provide services directly to pupils without being supervised by
a certificated employee.
11. Removes the definition of supervised.
12. Contains a statement of legislative intent.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
MH/KK/ci