Assigned to ED FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1358
charter schools; access; decision-making authority
Purpose
Authorizes a charter representative, charter school governing body member and officer,
director, member and partner of a charter holder to have access to the charter school's student
records and campuses and authority to make final decisions regarding learning and safety for the
charter school's students and campus.
Background
The Federal Bureau of Investigation (FBI) may collect and exchange identification records
with state and local government officials for employment and licensure purposes if authorized by
state statute and approved by the U.S. Attorney General. To exchange identification records with
state and local governments, the FBI requires the following criteria to be met: 1) the state statute
exists as a result of a legislative enactment; 2) applicants who are subject to a national criminal
history background check are fingerprinted; 3) authorization, whether expressly or by implication,
to use FBI records for applicant screening; 4) identification of the specific categories of licenses
or employees falling within its purview; and 5) prohibition on a private entity receiving criminal
history records information (P.L. 92-544, 92nd Congress, 1972; FBI).
The Department of Public Safety (DPS) oversees the central state repository to collect,
store and disseminate Arizona criminal history records and related criminal justice information.
The DPS Director must authorize the exchange of information between the central state repository
with any noncriminal justice agency pursuant to a statute, ordinance or executive order that
specifically authorizes the agency to receive the information for the purpose of evaluating fitness
of current or prospective licensees, employees, contract employees or volunteers on submission of
the person's fingerprints and prescribed fee (A.R.S. § 41-1750).
Statute requires each applicant seeking to establish a charter school to submit a full set of
fingerprints to obtain a state and federal criminal records check and allows DPS to exchange the
fingerprint data with the FBI. Additionally, all charter representatives, charter school governing
body members and officers, directors, members and partners of a charter holder must have a valid
DPS-issued fingerprint clearance card (A.R.S. § 15-183).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Authorizes a charter representative, charter school governing body member and officer,
director, member and partner of a charter holder to have:
a) access to the charter school's students and student records;
b) unrestricted access to the charter schools' campuses; FACT SHEET
S.B. 1358
Page 2
c) authority to make final decisions regarding student learning in the charter school; and
d) authority to make final decisions regarding the safety of the charter school's students and
campuses.
2. Defines charter representative as an individual who:
a) has the authority to execute contracts on behalf of the charter holder in accordance with the
charter holder's articles of incorporation, operating agreement or bylaws; and
b) represents the charter holder before the Arizona State Board for Charter Schools in matters
relating to accountability and compliance with federal, state and local laws and the terms
and conditions with the charter.
3. Defines charter school governing body member as an individual who is a member of a body
organized to govern and manage a charter school.
4. Defines officer, director, member or partner of a charter holder as an individual who has the
authority to manage the operations and functions of a charter school or to make decisions on
behalf of the charter holder.
5. Specifies that officer, director, member or partner of a charter holder includes an individual
who:
a) possesses an ownership interest or voting rights in the charter school; or
b) is identified in prescribed statutes relating to boards of directors, limited liability companies
or partnerships.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
MH/ci