Assigned to ED FOR COMMITTEE *pending committee assignment ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session FACT SHEET FOR S.B. 1659 state board; allegations of misconduct Purpose Requires the State Board of Education (SBE), on request, to provide information, records or reports relating to allegations of conduct that, if true, constitutes grounds for disciplinary action before the SBE investigates the allegations or determines whether to take disciplinary action. Background Any person may file, with the SBE, a statement of allegations against a certificated or noncertificated person that states the facts under which the party is alleging immoral or unprofessional conduct. The statement of allegations must include specified information, including the names and contact information of individuals who may provide information relating to the allegations. The SBE must investigate all filed statements of allegations and may investigate, at its own discretion, any matter against a certificated or noncertificated person upon receiving information from any source that indicates immoral or unprofessional conduct has occurred. The SBE may take disciplinary action against a certificated or noncertificated person on the finding that the person engaged in immoral or unprofessional conduct, including not renewing the certificate of a certificated person or prohibiting a noncertificated person's employment at a public school (A.R.S. §§ 15-505 and 15-534; A.A.C. R7-2-1302; and A.A.C. R7-2-1303). On request of the SBE or the Arizona Department of Education (ADE), any school or school district that has employed a certificated or noncertificated person who is alleged to have engaged in conduct constituting grounds for disciplinary action during employment must make available witness testimony and attendance, any physical evidence and documents within the school district's control for examination and copying. Statute authorizes the SBE to provide information, records or reports relating to the investigation of a certificated or noncertificated person to: 1) any school or school district that currently employs the person; 2) any school or school district to which the person has applied for employment; 3) any third-party entity that contracts with a school or school district to provide educators and that the person has applied to for employment; 4) any state agency that is investigating the person or an application received by the person for a certificate or license in order to make a certification or licensure decision; and 5) a state education agency in another state, or the equivalent, with which a person holds a certificate or is applying for a certificate (A.R.S. § 15-530). There is no anticipated fiscal impact to the state General Fund associated with this legislation. FACT SHEET S.B 1659 Page 2 Provisions 1. Requires the SBE, on request, to provide information, records or reports to an authorized entity that relates to allegations that a certificated or noncertificated person engaged in conduct that, if true, constitutes grounds for disciplinary action if the person resigned or otherwise separated from employment with a school before the SBE either investigates the allegations or determines whether to take disciplinary action against the person. 2. Makes conforming changes. 3. Becomes effective on the general effective date. Prepared by Senate Research date MH/SDR/