SB 1292
Initials CH Page 1 Education
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: ED DPA 7-0-0-0 | APPROP DP 10-0-0-0 | 3rd Read 23-4-3-0
SB 1292: noncertificated school personnel; disciplinary action
Sponsor: Senator Miranda, LD 11
Committee on Education
Overview
Subjects specified noncertificated school district and charter school personnel to
fingerprinting and fingerprint clearance card (FCC) requirements. Expands the oversight of
the State Board of Education (SBE) regarding allegations that a noncertificated person
engaged in immoral or unprofessional conduct. Appropriates $1,200,000 from the state
General Fund (GF) in FY 2026 to SBE for the investigation of immoral or unprofessional
conduct and conditions this legislation on the appropriation of these monies.
History
Charter school personnel who are engaged in instructional work as a teacher, speech
therapist or principal and all charter representatives, charter school governing body
members and officers, directors, members and partners of the charter holder must have a
valid FCC. All other personnel must be fingerprint checked to conduct a state and federal
criminal records check, though a charter school may require such personnel to obtain an FCC
(A.R.S. § 15-183).
Noncertificated personnel and personnel who are neither a paid school district employee nor
a student's guardian but who provide services directly to students without supervision by a
certificated employee (noncertificated or unpaid school district personnel) must be
fingerprinted as a condition of employment. However, noncertificated or unpaid school
district personnel do not have to be fingerprinted if they: 1) are required, as a condition of
licensing, to be fingerprinted if the license is required for employment; 2) were previously
employed by, and reestablished employment with, a school district within one year; or 3)
provide educational services to a student as specified. A school district may require
noncertificated or unpaid school district personnel to obtain an FCC (A.R.S. § 15-512).
An applicant must submit for an identity verified fingerprint (IVF) card that will be used by
the Arizona Department of Public Safety (DPS) to process an FCC if the applicant is: 1)
applying for a teaching certificate; 2) required for the first time to be fingerprinted to teach
in a charter school; 3) noncertificated or unpaid school district personnel; or 4) providing
tutoring services as specified (A.R.S. § 15-106).
SBE must investigate allegations that a noncertificated person engaged in immoral or
unprofessional conduct. SBE may take disciplinary action against a noncertificated person
who is found to have engaged in such conduct. A noncertificated person is a current or
prospective school district or charter school employee who does not possess an SBE-issued
certificate and who is required or allowed to provide services directly to students without
being supervised by a certificated employee (A.R.S. § 15-512).
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1292
Initials CH Page 2 Education
Provisions
Immoral or Unprofessional Conduct by a Noncertificated Person
1. Removes the specification that a noncertificated person is required or allowed to provide
services directly to students without being supervised by a certificated employee. (Sec. 3)
2. Deletes the definition of supervised. (Sec. 3, 4)
3. Appropriates $1,200,000 from the state GF in FY 2026 to SBE for the investigation of
allegations that noncertificated persons engaged in immoral or unprofessional conduct.
(Sec. 5)
4. States the Legislature intends the appropriation to be considered ongoing. (Sec. 5)
5. Conditions the enactment of this legislation on the appropriation of the $1,200,000 from
the state GF in FY 2026 to SBE for the investigation of allegations that noncertificated
persons engaged in immoral or unprofessional conduct. (Sec. 6)
Fingerprint Check and FCC Requirements
6. Subjects all charter school personnel who are not engaged in instructional work or who
are not charter school-related administrators to the fingerprint check or FCC
requirements for noncertificated or unpaid school district personnel. (Sec. 2)
7. Allows a charter school to require personnel who are not subject to fingerprint check
requirements to obtain an FCC. (Sec. 2)
8. Permits a charter school to hire personnel before the results of a fingerprint check are
received if the charter school follows the same procedures required for a charter school to
hire personnel before an FCC is issued. (Sec. 2)
9. Requires noncertificated or unpaid school district personnel to obtain an FCC, rather than
to be fingerprinted, as a condition of employment. (Sec. 4)
10. Removes the exemptions from fingerprint check and FCC requirements for specified
noncertificated or unpaid school district personnel. (Sec. 4)
11. Instructs a school district to develop procedures for submitting IVF cards for
noncertificated or unpaid school district personnel. (Sec. 4)
12. Adds that a charter school or school district must ensure that DPS completes a federal
criminal records check on an applicant as prescribed in order for the charter school or
school district to hire the personnel before the results of a fingerprint check are received
or before an FCC is issued. (Sec. 2, 4)
Miscellaneous
13. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)