SB 1358
Initials CH/LN Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: ED DP 6-0-1-0 | 3rd Read 28-0-2-0
House: ED DPA 11-0-0-1
SB1358: charter schools; access; decision-making authority
Sponsor: Senator Farnsworth, LD 10
House Engrossed
Overview
States specified charter school-related individuals may have access to the charter school's
students, student records and campuses and authority to make final decisions regarding
student learning and safety as allowed by the charter holder.
History
Each applicant seeking to establish a charter school must submit a full set of fingerprints to
obtain a state and federal criminal records check. If the applicant will have direct contact
with students, the applicant must possess a valid fingerprint clearance card (FCC) issued by
the Arizona Department of Public Safety (DPS). Laws 2022, Chapter 201 further requires
that all charter representatives, charter school governing body members and officers,
directors, members and partners of the charter holder possess a valid FCC issued by DPS.
Statute authorizes DPS to exchange the fingerprint data with the Federal Bureau of
Investigation (FBI) to conduct the criminal records check (A.R.S. § 15-183).
Federal law allows the FBI, if authorized by state statute and approved by the U.S. Attorney
General, to exchange criminal history record information with state and local government
officials for employment and licensing purposes. However, to do so, the FBI requires certain
criteria to be met, including requirements that the statute be a result of legislative enactment
and the specific categories of licensees and employees be identified to avoid overbreadth (P.L.
92-544) (FBI).
A charter holder is an individual, partnership, corporation, association or public or private
organization that enters into a charter with the Arizona State Board for Charter Schools
(A.R.S. § 15-101).
Provisions
1. Specifies each charter representative, charter school governing body member and officer,
director, member and partner of a charter holder, as allowed by the charter holder, may
have:
a) access to the charter school's students and student records;
b) unrestricted access to the charter school's campus; and
c) authority to make final decisions regarding student learning and the safety of the
charter school's students and school campuses. (Sec. 1)
2. Defines charter representative, charter school governing body member and officer, director,
member or partner of a charter holder. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note